COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 2010

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

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

COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES FOR 2010

VOLUME I

----------

R E P O R T

SUBMITTED TO THE

COMMITTEE ON FOREIGN RELATIONS
US SENATE

AND THE

COMMITTEE ON FOREIGN AFFAIRS
US HOUSE OF REPRESENTATIVES

BY THE

DEPARTMENT OF STATE

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

COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 2010
VOLUME I

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

COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES FOR 2010

VOLUME I

__________

R E P O R T

SUBMITTED TO THE

COMMITTEE ON FOREIGN RELATIONS

US SENATE

AND THE

COMMITTEE ON FOREIGN AFFAIRS

US HOUSE OF REPRESENTATIVES

BY THE

DEPARTMENT OF STATE

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

COMMITTEE ON FOREIGN RELATIONS

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

COMMITTEE ON FOREIGN AFFAIRS

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

(ii)

C O N T E N T S

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Page

Letter of Transmittal............................................ ix

Preface.......................................................... xi

Overview and Acknowledgments..................................... xiii

Introduction..................................................... xvii

Volume I

Africa
Angola....................................................... 1

Benin........................................................ 20

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

East Asia and the Pacific

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Europe and Eurasia

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

START HERE deg.Volume II

Near East and North Africa

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

South and Central Asia

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

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

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

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

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

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

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

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

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

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

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

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

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

Western Hemisphere

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Appendixes

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

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

Appendix C: Selected International Human Rights Conventions.. 3071

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

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

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

Appendix G: United Nations Universal Declaration of Human
Rights..................................................... 3115
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LETTER OF TRANSMITTAL

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Department of State,
Washington, DC, April 8, 2011.
Hon. John F. Kerry,
Chairman, Committee on Foreign Relations.
Dear Mr. Chairman: On behalf of the Secretary of State, I
am transmitting to you the Country Reports on Human Rights
Practices for 2010, prepared in compliance with sections
116(d)(1) and 502B(b) of the Foreign Assistance Act of 1961, as
amended, and section 505(c) of the Trade Act of 1974, as
amended.
We hope this report is helpful. Please let us know if we
can provide any further information.
Sincerely,
Michael H. Posner,
Assistant Secretary, Bureau of Democracy,
Human Rights, and Labor.
Enclosure.

(ix)

PREFACE

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

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WHY THE REPORTS ARE PREPARED

This report is submitted to the Congress by the Department
of State in compliance with Sections 116(d) and 502B(b) of the
Foreign Assistance Act of 1961 (FAA), as amended. The law
provides that the Secretary of State shall transmit to the
Speaker of the House of Representatives and the Committee on
Foreign Relations of the Senate by February 25 ``a full and
complete report regarding the status of internationally
recognized human rights, within the meaning of subsection (A)
in countries that receive assistance under this part, and (B)
in all other foreign countries which are members of the United
Nations and which are not otherwise the subject of a human
rights report under this Act.'' We have also included reports
on several countries that do not fall into the categories
established by these statutes and thus are not covered by the
congressional requirement.
In the early 1970s the United States formalized its
responsibility to speak out on behalf of international human
rights standards. In 1976 Congress enacted legislation creating
a Coordinator of Human Rights in the Department of State, a
position later upgraded to Assistant Secretary. Legislation
also requires that U.S. foreign and trade policy take into
account countries' human rights and worker rights performance
and that country reports be submitted to the Congress on an
annual basis.

HOW THE REPORTS ARE PREPARED

The Department of State prepared this report using
information from U.S. embassies and consulates abroad, foreign
government officials, nongovernmental and international
organizations, and published reports. The initial drafts of the
individual country reports were prepared by U.S. diplomatic
missions abroad, drawing on information they gathered
throughout the year from a variety of sources, including
government officials, jurists, the armed forces, journalists,
human rights monitors, academics, and labor activists. This
information gathering can be hazardous, and U.S. Foreign
Service personnel regularly go to great lengths, under trying
and sometimes dangerous conditions, to investigate reports of
human rights abuse, monitor elections, and come to the aid of
individuals at risk, such as political dissidents and human
rights defenders whose rights are threatened by their
governments.
Once the initial drafts of the individual country reports
were completed, the Bureau of Democracy, Human Rights and
Labor, in cooperation with other Department of State offices,
worked to corroborate, analyze, and edit the reports, drawing
on their own sources of information. These sources included
reports provided by U.S. and other human rights groups, foreign
government officials, representatives from the United Nations
and other international and regional organizations and
institutions, experts from academia, and the media. Bureau
officers also consulted experts on worker rights, refugee
issues, military and police topics, women's issues, and legal
matters, among may others. The guiding principle was to ensure
that all information was assessed objectively, thoroughly, and
fairly.
As has proven the case in the past, we anticipate that the
reports will be used as a resource for shaping policy,
conducting diplomacy, and making assistance, training, and
other resource allocations. They will serve also as a basis for
the U.S. Government's cooperation with private groups to
promote the observance of internationally recognized human
rights.
The Country Reports on Human Rights Practices cover
internationally recognized civil, political and worker rights,
as set forth in the Universal Declaration of Human Rights.
These rights include freedom from torture or other cruel,
inhuman or degrading treatment or punishment, from prolonged
detention without charges, from disappearance or clandestine
detention, and from other flagrant violations of the right to
life, liberty and the security of the person.
Universal human rights seek to incorporate respect for
human dignity into the processes of government and law. All
persons have the right to nationality, the inalienable right to
change their government by peaceful means and to enjoy basic
freedoms, such as freedom of expression, association, assembly,
movement, and religion, without discrimination on the basis of
race, religion, national origin, or sex. The right to join a
free trade union is a necessary condition of a free society and
economy. Thus the reports assess key internationally recognized
worker rights, including the right of association, the right to
organize and bargain collectively, the prohibition of forced or
compulsory labor, the status of child labor practices, the
minimum age for employment of children, and acceptable work
conditions.
With this 2010 edition of the country reports, DRL expanded
the use of hyperlinks from these reports to other key human
rights documents produced by the Department of State.
Specifically, readers are asked to follow hyperlinks for
complete information on religious freedom issues by consulting
the 2010 International Religious Freedom Report, the 2010
Trafficking in Persons Report, if applicable, and the several
current publications produced by the Department's Consular
Affairs Bureau on international child abductions, if applicable
to the country in question.
Within the Bureau of Democracy, Human Rights and Labor, the
editorial staff of the Country Reports Team consists of: Editor
in Chief Stephen Eisenbraun; Office Directors: Eric Falls,
Robert Boehme, Jeffrey Hawkins, Douglas Kramer, Jessica
Lieberman, Mark Mittelhauser, Susan O'Sullivan; Senior Editors:
Jonathan Bemis, Douglas B. Dearborn, Daniel Dolan, Jerome L.
Hoganson, Patricia Meeks Schnell, Marc J. Susser, and Julie
Turner; Editors: Naim Ahmed, Cory Andrews, Sarah Buckley-Moore,
Laura Carey, Elise Carlson-Rainer, Della Cavey, Eric Concha,
Sharon Cooke, Susan Corke, Stuart Crampton, Kathleen Crowley,
Frank Crump, Bonnie Daley, Tu Dang, Mollie Davis, Mort Dworken,
Sindbad Fennimore, Karen Gilbride, Joan Garner, Carrie George,
Safiya Ghori-Ahmad, Patrick Harvey, Caitlin Helfrich, Matthew
Hicks, Alexandra Hoey, Kimberly Holbrook, Victor Huser, Jill
Hutchings, Stan Ifshin, Dianna James, Sarah Johnston-Gardner,
David T. Jones, Simone Joseph, Malac Kabir, Yelda Kazimi,
Mancharee Junk, Min Kang, Katharine Kendrick, Orly Keiner,
Stephen Kopanos, Alyson Kozma, Douglas Kramer, Sarah Labowitz,
Gregory Maggio, Stacey May, Stephen Moody, Sarah Morgan,
Perlita Muiruri, Sandra Murphy, Daniel L. Nadel, Genevieve
Parente, Blake Peterson, Meredith Ryder-Rude, Peter Sawchyn,
Robert Schlicht, Monica Sendor, Wendy Silverman, Marissa Smith,
Rachel Spring, Jason Starr, Leslie Taylor, Jennifer Terry,
James C.Todd, David Wagner, Micah Watson, Chanan Weissman,
Mareham Youssef, Sarah Yun, Rachel Waldstein, Bernadette
Zielinski; Editorial Assistants: Carol Finerty, Stephanie
Martone, James McDonald, and Regina Waugh.
INTRODUCTION

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

COUNTRY HIGHLIGHTS

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

AFRICA

----------

ANGOLA

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

__________

BENIN

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

__________

BOTSWANA

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

__________

BURKINA FASO

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
to provide protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The Government, in accordance with Economic Community of West
Africa guidelines, required travel documents, such as identification
cards, for regional travel.
The law prohibits forced exile, and there were no reports that the
Government used it during the year.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

__________

BURUNDI

Burundi is a constitutional republic with an elected government and
a population of 8.6 million. From May to September, the country held
elections for all public offices, including the first direct
presidential elections since 1993. Following the May 25 Communal
Council elections, which the international community characterized as
generally free and fair, a coalition of 12 opposition parties alleged
massive fraud and called for the annulment of the results and new
elections. When the parties' demands were not met, they withdrew their
candidates from the subsequent presidential, legislative, and
``colline'' elections. President Pierre Nkurunziza, of the ruling
National Council for the Defense of Democracy-Forces for the Defense of
Democracy (CNDD-FDD) party, ran unopposed in the June presidential
election and was reelected to a second term. International observers
characterized the elections as generally free and fair, although there
were reports of political violence leading up to and throughout the
five-month election season. Security forces reported to civilian
authorities. There were instances in which elements of the security
forces acted independently of civilian control.
Human rights abuses during the year included security force
killings, torture, and mistreatment of civilians and detainees;
official impunity; societal killings and vigilante justice; harsh,
life-threatening prison and detention center conditions; prolonged
pretrial detention and arbitrary arrest and detention; detention and
imprisonment of political prisoners and political detainees; lack of
judicial independence and efficiency; official corruption; restrictions
on privacy and freedom of speech, assembly, and association; sexual
violence and discrimination against women and children; discrimination
against gays and lesbians and persons with albinism; and restrictions
on labor rights.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

__________

CAMEROON

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

__________

CAPE VERDE

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

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

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

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

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

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

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

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

e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected this
provision in practice. However, the judicial system lacked sufficient
staffing and was inefficient.
In addition to civil courts, there is also a military court; it
cannot try civilians. The military court provides the same protections
as civil criminal courts.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

__________

THE CENTRAL AFRICAN REPUBLIC

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

__________

CHAD

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

__________

COMOROS

The Union of the Comoros is a constitutional, multiparty republic
of 770,000 citizens. The country consists of three islands--Grande
Comore, Anjouan, and Moheli--and claims a fourth, Mayotte, which France
governs. In 2006 citizens elected Ahmed Abdallah Mohamed Sambi as Union
of the Comoros president in polling international observers described
as generally free and fair. This was the first peaceful and democratic
transfer of power in the country's history. In 2008 the Union Army of
National Development, with African Union support, launched a successful
and bloodless military action resulting in the removal of former
Anjouan president Mohamed Bacar, who fled the country. Bacar had ruled
Anjouan by force since declaring himself the winner of an illegal
election in 2007. Moussa Toybou was elected president of Anjouan in a
generally free and fair process in 2008. In November and December 2010,
elections were held to choose a new Union president as well as
governors for each of the three islands. Although some observers noted
some serious irregularities on the island of Anjouan, these were not
sufficient to change the outcome, and the results of the elections were
upheld by the Comoran Constitutional Court. Security forces reported to
civilian authorities.
Human rights problems on all three islands included poor prison
conditions; restrictions on freedom of movement, press, and religion;
official corruption; discrimination against women; child abuse; and
child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
confirmed reports the Government or its agents committed any
politically motivated killings. However, on June 12, Colonel Combo
Ayouba, a senior officer in the Comoran army, was killed at his home in
Moroni. At year's end, an investigation was ongoing, and the chief of
staff of the Comoran Defense Forces was under house arrest for his
possible role in the killing (see section 1.d.).
There were no further developments in the 2008 death from injuries
inflicted during torture of Nadiati Soimaddine.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

__________

DEMOCRATIC REPUBLIC OF THE CONGO

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

__________

REPUBLIC OF THE CONGO

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
and the Government generally respected this right in practice.
Groups that wished to hold public assemblies were required to seek
authorization from the Ministry of Interior and Decentralization and
appropriate local officials, who could withhold authorization for
meetings that they claimed might threaten public order. Unlike the
previous year, the Government respected this right in practice.

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

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

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

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

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

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

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

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

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

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

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

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

Other Societal Violence or Discrimination.--Public opinion polls
show that societal discrimination against individuals with HIV/AIDS is
significant. Unlawful divulgence of medical records by practitioners,
negligence in treatment by health professionals, family abandonment,
and unwarranted termination of employment are all offenses subject to
sanctions. Civil society, including persons living with HIV/AIDS, was
fairly well organized and sought fair treatment, especially regarding
employment. NGOs and the Government worked widely on HIV/AIDS issues,
including raising public awareness of the fact that those living with
HIV/AIDS were still able to contribute to society.
Section 7. Worker Rights

a. The Right of Association.--The law allows workers to form and
join unions of their choice without previous authorization or excessive
requirements. Workers exercised this right in practice. However,
members of the security forces and other essential services do not have
this right. Nearly all the workers in the public sector and
approximately 25 percent of workers in the formal private sector were
union members. The law allows unions to conduct their activities
without interference, and the Government protected this right in
practice.
Workers have the right to strike, provided all conciliation and
nonbinding arbitration procedures have been exhausted, and due notice
has been given.

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

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

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

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

__________

COTE D'IVOIRE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

__________

DJIBOUTI

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

__________

EQUATORIAL GUINEA

Equatorial Guinea, with an estimated population of approximately
one million, is nominally a multiparty constitutional republic. All
branches of government were dominated by President Obiang Nguema
Mbasogo, who has ruled since seizing power in a military coup in 1979,
along with his clan from the majority Fang ethnic group and his
political party, the Democratic Party of Equatorial Guinea (PDGE). In
November 2009 President Obiang was reelected with 95.37 percent of
votes cast. There were instances in which elements of the security
forces acted independently of civilian control.
The following human rights problems were reported: limited ability
of citizens to change their government; unlawful killings, including
summary executions; abductions by security forces; torture of detainees
and prisoners by security forces; life-threatening conditions in
prisons and detention facilities; official impunity; arbitrary arrest,
detention, and incommunicado detention; harassment and deportation of
foreign residents with limited due process; constraints on judicial
independence; official corruption at all levels of government;
restrictions on the right to privacy; restrictions on freedoms of
speech, press, assembly, association, and movement; official corruption
and impunity; violence and discrimination against women; suspected
trafficking in persons; discrimination against ethnic minorities; and
restrictions on labor rights.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--Security forces
killed several persons, including by summary execution, during the
year.
On December 28, a Malian emigrant, Bakary Konate, was killed by
uniformed men at a checkpoint in Bata after he failed to pay a bribe.
On June 30, a civilian court convicted and sentenced three persons,
including an army officer sentenced in absentia, to long prison
sentences and hefty fines for manslaughter and trafficking. The three
were involved in trafficking seven presumed African illegal aliens, who
were believed to have died from asphyxiation while being transported in
the back of a truck in February.
On August 21, the Government summarily executed four former
military officers-Jose Abeso Nsue, Manuel Ndong Azeme, Jacinto Micha
Obiang, and Alipio Ndong Asumu-one hour after a military tribunal
convicted them of terrorism for seeking to overthrow the Government and
the attempted assassination of the head of state in February 2009.
According to Amnesty International (AI), the Government facilitated
their forced return to Equatorial Guinea in late January from a
neighboring country, where they had been living for several years as
refugees; they were held incommunicado in Black Beach Prison, where
they reportedly were tortured. In a statement released on August 23, AI
criticized the country for ``abductions, torture, and executions it
currently carries out under the pretense of justice.'' The Government
stated that the four had been captured in international waters when
they were duped into preparing an attack similar to the February 2009
attack on the Malabo presidential palace that they were accused of
carrying out.
There were no further developments in the September 2009 death of a
Nigerian, Akee Jimoh, who was beaten to death by four off-duty police
officers after refusing to pay a bribe. At year's end, the four
officers remained suspended from the police force and an investigation
continued.
There were no further developments in the following 2008 security
force killings: the January police killing of an alleged illegal
immigrant; the March death in detention of Ncogo Mbomio, a member of a
banned political party, which AI claimed was a result of torture; the
May police killing of a Malian citizen; and the December killing of a
Cameroonian fisherman.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

__________

ERITREA

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

__________

ETHIOPIA

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Child Soldiers.--Although there were no reports that ENDF or
regional police recruited children, there were credible reports that
some local militias in Somali region did so. In recent years, the
Somali Regional Security and Administration Office had increased
recruitment of special police forces and local militias in conflict
zones. Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Other Conflict-Related Abuses.--The Government continued to
restrict access by NGO workers and journalists to affected Somali
region areas. International journalists who entered the Somali region
without permission of the Government were arrested or obliged to leave
the country. The Government continued to ban the ICRC from the region,
having previously alleged that it cooperated with the ONLF. During the
year some humanitarian groups reported roadblocks manned by insurgent
groups, which occasionally briefly detained them. These same
humanitarian groups reportedly were interrogated by the ENDF on their
encounters at the roadblocks with the insurgents.
In 2008 the ENDF placed Medicins Sans Frontieres-Holland (MSF-NL)
staff members under house arrest in Warder for allegedly providing
medical support to the ONLF and confiscated MSF-Switzerland property
and vehicle keys in Kebri Dehar, limiting its staff members' movement
to the town for three weeks. There was no judicial process and no
charges filed in either case. MSF-NL continued to work in Warder zone,
while MSF-Spain, which was working in Deghabur, withdrew after a hand-
grenade attack on its offices in August; the attack was believed to be
the work of a disgruntled former employee.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--While the constitution and law
provide for freedom of speech and of the press, the Government did not
respect these rights in practice. The Government continued to arrest,
harass, and prosecute journalists, publishers, and editors. The
Government continued to control all broadcast media, including the sole
television station, except three private FM radio stations. Private-
sector and government journalists routinely practiced self-censorship.
The broadcasting law prohibits political and religious organizations or
foreigners from owning broadcast stations.
Government-controlled media mostly reflected the views of the
Government and the ruling EPRDF coalition. However, live radio and
television broadcasts occasionally included televised parliamentary
debates and broadcast the views of opposition parliamentarians, as did
government newspapers. During the election campaign, state media
broadcast debates between the parties; because broadcast time was
allocated on the basis of parliamentary seats, spokesmen for the ruling
party received the most time.
Although some new, small-circulation newspapers were published
during the year, the number of private newspapers remained low.
Approximately 20 private Amharic-language and English-language
newspapers with political and business focuses were published, with a
combined weekly circulation of more than 150,000.
The Government owned the only newspaper printing press and used its
monopoly position, inter alia, to regularly increase costs to
publishers. Reports indicated that this practice influenced the
circulation numbers of the private newspapers, forcing them to adjust
their printing runs according to what they could afford.
Foreign journalists and local stringers employed by foreign
publications at times published articles critical of the Government but
were subjected to government pressure to practice self-censorship. Few
foreign journalists were based in the country. During the year some
reporters for foreign media were subjected to intimidation and
harassment or threatened with expulsion from the country for publishing
articles critical of the Government.
For example, in January in Tigray, NISS officials detained a
foreign journalist with a valid residence permit, who was accredited by
the Government, when he attempted to investigate allegations of food
aid politicization in the area. His credentials and cell phone were
taken from him, and he was transported by authorities to Addis Ababa,
where he was questioned by immigration officials and held overnight at
the airport. He was not permitted to call consular officials or his
family. After almost 48 hours in custody, he was released and told by
the Ministry of Foreign Affairs as well as immigration officials that
he would have to leave the country within two days. No specific charges
were brought against him. His credentials were eventually returned to
him, and he was told that he could continue to live and work as a
journalist in Ethiopia.
In May the editor in chief of the Amharic weekly Awramba Times,
Wubshet Taye, was asked to appear at the Ethiopian Broadcasting
Authority (EBA) two days before the national elections. He was accused
of unbalanced reporting favoring Forum, a major opposition coalition.
The EBA referred to a feature article that compared two photographs of
Meskal Square: one taken in 2005 with more than one million pro-
opposition demonstrators, and one of an empty square during the year
with only an EPRDF campaign poster. The article was called ``Where Did
These People Go?'' Wubshet was told that this sort of article was not
allowed and that he would be held responsible if any violence resulted.
Shortly after this incident, Wubshet resigned as editor in chief of the
Awramba Times.
On June 29, the Committee to Protect Journalists (CPJ) reported
that the new editor in chief of the Awramba Times, Dawit Kebede,
complained to the Ethiopian Postal Service (EPS) at least three times
earlier that month, after the newspaper received opened letters and
destroyed envelopes in its postal box. The EPS asserted that the
``quality of the paper'' might have been responsible for the tearing of
the mail.
On July 19, the Oromia region special zonal administration ordered
the Media and Communications Center (MCC), owned by Amare Aregawi (also
the publisher and owner of The Reporter), to stop construction on its
future printing house site in Dukem, 21 miles from Addis Ababa, which
the MCC had leased from the regional administration. On July 24, the
Government Housing Agency, alleging unlawful occupancy, commandeered
the MCC's office compound in Addis Ababa, also owned by Amare.
On August 26, EBA Director General Desta Tesfaw sent a letter to
the Awramba Times requesting that sources for its news stories be
provided. The constitution states that journalists do not have to
reveal their sources, even in court procedures.
On September 11, the al-Quds editor in chief, Ezeddin Mohammed, was
released from prison after serving eight months on charges of violating
article 10 of the Press Proclamation, including counts of defamation
and attempts to incite conflict between persons. The charges followed
the newspaper's publication of articles criticizing a Ministry of
Education directive on religious worship in schools. Although Ezedin
was released, his 17-year-old son, Ahmed Ezedin, was arrested in the
Afar region that same day. Ahmed was serving as the acting editor of
al-Quds during his father's imprisonment. The arrest was purportedly
the result of articles Ahmed had written criticizing the Islamic
Council of Afar.
There were no new developments in the April 2009 case in which the
Government Communications Affairs Office summoned three VOA reporters--
Peter Heinlein, Meleskachew Amha, and Eskinder Firew--and suspended the
licenses of Meleskachew and Eskinder for three days for reasons that
were never disclosed.
There were no new developments in the July 2009 case in which
unidentified individuals beat a journalist for Addis Neger, Abraham
Begizew, who was attempting to report on a disagreement within the
leadership of the Ethiopian Orthodox Church.
In September 2009 Kassahun Addis, an Ethiopian citizen based in
Addis Ababa who was a reporter for a foreign newspaper, fled the
country due to a credible fear of unreasonable prosecution. There were
no new developments in the case.
In December 2009 Addis Neger, an Addis Ababa-based weekly newspaper
often critical of government policies, ceased publication after months
of reported government harassment. Three staff members--Abiy Tekle
Mariam, Mesfin Negash, and Tamirat Negera--fled the country.
In 2008 Dawit Kebede, then editor in chief of the weekly newspaper
Awramba Times, was accused by the NEBE of violating electoral
regulations by posting an advertisement for his newspaper on a poster
promoting EPRDF candidates for local elections. Charges in the case
were dropped in February.
There were no developments in the 2008 case of Alemayehu
Mahtemework and three staff members of the private Amharic monthly
entertainment magazine Enku. The Government accused them of publishing
``stirring articles that could incite people'' and held them for five
days before release. Alemayehu also was charged with threatening public
order. The magazine continued operating during the year.
Dawit Kebede and Wosseneged Gebrekidan, who were charged in 2008
with inciting the public through false rumors by publishing articles
about the Ginbot 7, were released on bail in December 2009.
In 2008 two police officers, one from Addis Ababa and the other
from Gonder, arrested Amare Aregawi, editor in chief of The Reporter,
at his office. The arrest was in connection with a private libel suit
brought by the Gonder-based, EPRDF-owned Dashen Brewery following a
2008 story on a labor dispute at the brewery. Amare appeared in court
in 2008 but learned there were no charges against him, and his bail
money was returned to him. The article's author, Teshome Niku, appeared
in court in 2008 and was released on bail of 300 birr ($18.32).
Following his release Teshome reportedly received anonymous,
threatening telephone calls and was beaten and intimidated by
unidentified persons. In January 2009 a private newspaper reported that
Teshome fled to Kenya. The Dashen Brewery manager filed defamation
charges against Amare in August 2009. The Federal High Court 10th
Criminal Bench ordered Amare to defend his case. Amare won, and the
case was dropped in March.
In 2008 Amare Aregawi was attacked by civilian assailants in front
of his son's school. Three individuals, who admitted they had attacked
Amare, appeared at the federal high court and testified that they were
hired to attack him. Amare reported that he suspected he was attacked
by government supporters threatened by his newspaper's reporting on
corruption. There were no developments by year's end, although Amare
continued to press for further investigation of the clique that hired
the assailants to attack him.
Several journalists remained in self-imposed exile, including
journalists detained following the 2005 elections but released in 2007.
Prime Minister Meles publicly announced on March 18 that he would
authorize the jamming of VOA Amharic service broadcasts and compared
the VOA to Radio Milles Collines, the Rwandan radio station that helped
incite genocidal violence in 1994. VOA's Amharic services experienced
jamming throughout the country from March until October.
Ethiopian Satellite Television, based in Amsterdam and supported by
the Ginbot 7 group, which espouses violent overthrow of the Government,
reported periodic jamming of its service in Ethiopia, beginning in May,
at the start of broadcasting.
In June 2009 the EBA ordered the private radio station Sheger-FM
(102.1) to cease all rebroadcasts of VOA programming. Sheger had been
broadcasting some VOA programs daily, mostly music, through a
contractual agreement. Sheger management resolved the issue with the
EBA, which stated that the station needed preapproval from the
Government to rebroadcast programs. After going through the proper
procedure, Sheger resumed rebroadcasting of all VOA programs with the
exception of a brief news show.
In 2008 the parliament passed the Mass Media and Freedom of
Information Proclamation. The law prohibits pretrial detention of
journalists and censorship of private media, and it recognizes the
right of journalists to form professional associations. However, the
law allows only incorporated entities to publish print media, requires
all previously licensed press to reregister, bars foreign and cross
media (involving more than one form of media, i.e. print and radio)
ownership, grants the Government the unlimited right to prosecute the
media, criminalizes defamation of public officials, increases
defamation fines to 100,000 birr ($6,105), establishes ``national
security'' as grounds for impounding materials prior to publication,
provides government information officials exclusive discretion to
withhold ``sensitive'' information without judicial review, and
maintains the Communication Affairs Office's authority to regulate the
media.
The Ministry of Information was dissolved in 2008. The new
Communication Affairs Office reports directly to the prime minister.
The EBA took over responsibility for press registration and oversight
from the dissolved ministry. All existing newspapers and magazines were
required to reregister with the EBA in 2009.
In February 2009 the EBA issued a regulation barring newspaper and
magazine publishers and those owning more than a 2 percent stake in a
media house from holding the position of editor or deputy editor in
their media houses.
The Government used its licensing authority to censor the media
indirectly. In June 2009 the Federal High Court denied an appeal and
ruled that Sisay Agena, Serkalem Fasil, and Eskinder Nega could not be
granted press licenses due to a 2005 court ruling that called for the
dissolution of their former publishing companies. While the defendants
had been acquitted of all charges and their former companies remained
defunct, the court found that granting licenses to these individuals
would be tantamount to circumventing the 2005 court ruling ordering the
dissolution of the former companies.
In February 2009 the Federal High Court dropped the fines levied
against the same three publishers in 2008 for a combined amount of
300,000 birr ($18,315), in connection with their newspapers' coverage
of the 2005 elections. They appeared in court in 2008 and delivered a
written petition citing the pardon law, which stipulates that pardons
granted to persons automatically pertain to monetary penalties against
them.
In 2008 Ayele Chamisso, chairman of the CUD, filed charges against
three private newspapers: Addis Neger, the Awramba Times, and the now-
defunct Soressa. Ayele claimed that the newspapers used his party's
name for other groups. The editor of the Awramba Times, Dawit Kebede,
appeared in court in 2008 on defamation charges and was released on
bail of 2,000 birr ($122.10). In December 2009 Ayele Chamisso asked the
court to drop the charges against the three newspapers.

Internet Freedom.--The Government restricted access to the Internet
and blocked opposition Web sites, including the sites of insurgent
groups advocating violent overthrow of the Government (OLF, ONLF,
Ginbot 7) and several news blogs and Web sites run by opposition
diaspora groups, such as Addis Neger, Nazret, Ethiopian Review,
CyberEthiopia, Quatero Amharic Magazine, Tensae Ethiopia, and the
Ethiopian Media Forum. The news Web site for VOA was inaccessible from
March to October.
In early March 2009, the Government lifted Internet restrictions on
all domestic news Web sites and opposition Web sites for a short time.
However, some Web sites, including Nazret.com, reported being blocked
again soon after.
In 2008 a press release by the CPJ stated that, according to
reliable sources, its servers were inaccessible to users in the country
and that e-mails from the country were not coming through to the CPJ.
These reports emerged at the same time that the CPJ was investigating
the detention of The Reporter editor in chief Amare Aregawi. The
Reporter also alleged that its Web site was blocked for four days
during this time. The CPJ's Web site was also inaccessible at other
times during the year. The CPJ continued to report matters with e-mails
and domestic access to its Web site.
As of March 2009, the ETC reported 42,707 Internet subscribers.
Citizens in urban areas had ready access to Internet cafes; however,
rural access remained extremely limited. According to International
Telecommunication Union statistics for 2008, approximately 0.45 percent
of the country's inhabitants used the Internet. Mobile telephone text
messaging was available countrywide. The number of mobile telephone
subscribers was 6.1 million, according to the Ministry of Communication
and Information.

Academic Freedom and Cultural Events.--The Government restricted
academic freedom during the year. Authorities did not permit teachers
at any level to deviate from official lesson plans and actively
prohibited partisan political activity and association of any kind on
university campuses. Innumerable anecdotal reports suggest that non-
EPRDF members were reportedly more likely to be transferred to
undesirable posts and to be bypassed for promotions. There was a lack
of transparency in academic staffing decisions, with numerous
complaints from individuals in the academic community of bias based on
party membership, ethnicity, or religion. Speech, expression, and
assembly were frequently restricted on university and high school
campuses. Several teachers who were members of, or were perceived to
support, opposition parties--particularly in Oromia, Tigray, Amhara,
and the SNNPR--reported being harassed by local officials and
threatened with the loss of their jobs or transfers to distant
locations.
Some college students reportedly were pressured to pledge
allegiance to the EPRDF to secure enrollment in universities or
postgraduation government jobs. According to multiple credible sources,
teachers and high school students in grade 10 and above were required
to attend training at their schools on the subject of revolutionary
democracy and EPRDF policies on economic development, land, and
education. After the training attendees reportedly were routinely
provided with EPRDF membership forms; as a result, some students were
under the impression that they needed EPRDF membership to gain
admission to university in the future.
In August the Ministry of Education (MOE) disseminated a directive
banning distance learning programs offered by both public and private
universities and prohibiting private universities from offering degree
programs in law and teacher education. The directive also required
private universities to align their curriculum offerings with the
previously announced MOE policy of a 70-to-30 ratio between science and
social science academic programs. The directive permitted universities
to complete ongoing courses, but no new enrollments were permitted. The
directive disproportionately affected private universities, which were
the primary purveyors of distance learning programs. Private university
curricula also were heavily focused in the social sciences. MOE
officials cited a need to maintain quality standards as the reason for
the directive. In October the Government lifted the ban.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, the Government restricted this right. Organizers of large
public meetings or demonstrations must notify the Government 48 hours
in advance and obtain a permit. Local government officials, invariably
associated with the EPRDF, controlled access to municipal halls, and
there were many complaints from opposition parties that local officials
would deny or otherwise obstruct the scheduling of opposition parties
to use halls for lawful political rallies.
Regional governments, including the Addis Ababa regional
administration, were reluctant to grant permits or provide security for
large meetings.
Multiple opposition political parties reported EPRDF partisans with
cameras at the entryway of campaign rallies who would film opposition
activists while they were entering, leaving, or participating in
meetings. After a meeting the individuals pictured reportedly were
harassed and intimidated to discontinue their support for the
opposition party; sometimes they were detained.
Opposition parties also often reported difficulty in obtaining use
of local municipal halls, controlled by local officials who invariably
were affiliated with the EPRDF, to hold public campaign events.
In August 2009 the UDJ attempted to hold a town hall meeting in
Adama after receiving permission from local authorities. Prior to the
meeting, local authorities prevented the UDJ from displaying posters
and announcing the meeting to the public. The meeting was disrupted by
the shouts of several participants. Security guards did not attempt to
stop the disruption. The meeting adjourned 15 minutes after it began.
The Minister of Communications announced that the disruptions were
illegal and that the Government would launch an investigation; however,
at year's end there was no information reported on the conclusions.
There were credible reports from Shakiso woreda of mass arrests and
rough treatment of students and elderly citizens while they were
attempting to protest the practices of the Laga Dembi mine in December
2009. Residents claimed that the mine was releasing toxic waste into a
nearby river. The Ministry of Mines and Energy and regional
administration officials carried out a study to attempt to dispel
rumors of environmental damage leading to miscarriages and still
births, finding that such damages had never occurred. In December 2009
police arrested more than 100 persons at a demonstration in
anticipation of a response from local officials to their petition.
Among those arrested were two political figures, Assefa Arure and
Dulecha Robe. According to press reports, as well as a former member of
parliament, Demboba Boku, on January 5-6, police arrested three
students at Awassa University in connection with the riots.
There were no developments in the 2008 beatings of Dejen town
residents who were protesting the stalling by local officials of the
residents' application for use of nearby farmland.

Freedom of Association.--Although the law provides for freedom of
association and the right to engage in unrestricted peaceful political
activity, the Government limited this right in practice.
In accordance with the Charities and Societies Proclamation (CSO
law), adopted in February 2009, which entered into force in February,
charities and civil society organizations (CSOs) were required to
reregister by February with the recently established Charities and
Societies Agency (CSA). The CSA was originally under the authority of
the MOJ but was moved to the Ministry of Federal Affairs before the end
of the year. According to the MOJ, there were 3,522 organizations
registered before the CSO law was adopted, and, after the law, 1,655
organizations reregistered.
The Ministry of Foreign Affairs screens applications for
international NGOs and submits a recommendation on whether to approve
or deny registration.
The Ethiopian Teachers' Association (ETA) has operated since 1967,
but after the EPRDF took power in 1993, an alternate, pro-EPRDF ETA was
established. In 1993 the original ETA and the Government-supported ETA
began a prolonged legal battle over the organization's name and
property rights. In 2008 the Court of Cassation ruled against the
original ETA and awarded its name and property to the pro-EPRDF ETA
(see section 7.a.). In 2008 the original ETA applied to the MOJ for
registration as the National Teachers' Association but was denied
registration.

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

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--Although the law provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, the Government restricted some of these rights in
practice.
The Government severely restricted the movement of persons into and
within the Ogaden area of the Somali region, arguing that the ONLF
armed insurgency posed a security threat (see section 1.g.).
The law prohibits forced exile, and the Government did not employ
it. Several citizens sought political asylum or remained abroad in
self-imposed exile, including prominent human rights advocates.
In October the Government announced a new policy that allows exiled
Eritreans living in Ethiopia to become permanent legal residents of
Ethiopia with full entitlement to public services.

Internally Displaced Persons (IDPs).--The Federal Disaster Risk
Management and Food Security Sector (DRMFSS), under the authority of
the Ministry of Agriculture and Rural Development, is the main
government actor responsible for the emergency needs of IDPs, in
collaboration with the Ministry of Health, Agriculture, and Water
Resources. However, there was no coordination mechanism and no
government policy dedicated particularly to IDPs and related matters.
The DRMFSS mandate includes only assistance and not protection, return,
resettlement, or finding durable solutions, and IDP matters are dealt
with mostly on an ad hoc basis.
The relationship between conflict and natural disaster-induced
displacement in Ethiopia was complex. In some cases conflict has
arguably exacerbated displacements caused by drought conditions (e.g.,
those in the Somali region), resulting in mixed causes of displacement.
The UN Office for the Coordination of Humanitarian Affairs estimated
there were between 300,000 and 350,000 natural disaster and conflict-
induced IDPs, including an estimated 62,259 from Gambella and 184,239
from the Somali region and Oromia.
In Gambella intercommunal conflict and cross-border conflict with
residents of Sudan over resources continued to exacerbate
vulnerabilities and lead to displacement. The regional government
stated that the number of persons affected by conflict between clans
was not available but acknowledged it was a concern. In addition the
impact of raids by Murle and Lou Nuer Sudanese led to the displacement
of residents from the woredas of Akobo, Jor, Jikawa, and Wantawa. A
joint government and humanitarian partners' assessment, completed in
March, indicated that approximately 11,460 households--57,300 persons--
were displaced from the woredas of Mathar, Lare Itang, and Jor.
In July 2009 Menit Goldia and Menit Shasha (Amhara region) woreda
officials forced an estimated 5,500 Bench Maji persons from their homes
for unknown reasons. Many fled to Addis and appealed to several
government officials. Some also filed a complaint with the Office of
the Ombudsman. Following a joint investigation by regional and zonal
government authorities, a decision was made to allow those who settled
in Menit Goldia and Menit Shasha woredas prior to August 1997 to
resettle in their respective woredas. At the end of 2009, woreda
officials continued discussions as to the process of resettlement.
Those who arrived after August 1997 were sent back to the Amhara
region. Vehicles were provided by the Amhara regional government, but
most of the victims chose not to go because they considered themselves
to be from the Welkite and Gojeb areas in the SNNPR.

Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 Convention
relating to the Status of Refugees, its 1967 Protocol, and the 1969
Organization of African Unity Convention Governing the Specific Aspects
of the Refugee Problem in Africa. The Government has established a
system for providing protection to refugees. In practice the Government
provided protection against the expulsion or return of refugees to
countries where their lives or freedom would be threatened on account
of their race, religion, nationality, membership in a particular social
group, or political opinion, and it granted refugee status and asylum.
The Government generally cooperated with the UN Office for the High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in assisting refugees and returning citizens. There were continued
anecdotal reports that Ethiopian asylum seekers deported from Yemen
were detained upon return to the country.
In February, in cooperation with the UNHCR, the Government opened a
new refugee camp, Melkadida, northwest of the town of Dolo Odo, near
the border with Kenya and Somalia, to accommodate new Somali refugees,
since Bokolmayo camp, which opened in April 2009, had reached its
20,000-person capacity. The capacity of the new camp was 30,000
refugees, and it held more than 22,659 refugees as of year's end. The
UNHCR and the Government also planned to increase the population
capacity of Bokolmayo to 30,000 to deal with the continued influx of
Somali asylum seekers. Registration of new arrivals in the transit
center in Dolo Odo averaged 1,700 per month.
The number of Eritrean asylum seekers increased, with approximately
1,000 to 1,500 new arrivals per month, according to the International
Organization for Migration (IOM), compared with 800 to 1,000 in 2009.
As in the previous year, approximately half, an estimated 500 to 750
Eritrean refugees a month, departed monthly on secondary migration
through Egypt and Sudan to go to Europe and other final destinations.
In April the Government opened a new refugee camp for Eritreans,
Adi Harush, located less than nine miles from My Ayni camp. The UNHCR
continued to assist in the reception and transportation back to My Ayni
or Adi Harushof more than 150 Eritrean refugees who had been detained
in Egypt and deported by the Egyptian authorities. Overall, the UNHCR
reported 44,823 Eritrean refugees living in Ethiopia at year's end. The
UNHCR and the Government also reported a significant increase in the
number of unaccompanied minors fleeing Eritrea. The population of such
minors grew from 336, in December 2009, to 1,100 as of year's end.
Unaccompanied minors in the 15- to17-year age group represented more
than 75 percent of the total population of such minors, consisting of
those individuals who stated that they fled Eritrea to avoid military
conscription.
In August the Government announced an out-of-camp policy for
Eritrean refugees, a change to its previous requirement that all
refugees remain in designated camps, most of which were located near
the borders with Eritrea, Somalia, and Sudan, unless granted permission
to live elsewhere in the country. Prior to this new policy, such
permission was given primarily to attend higher education institutions,
undergo medical treatment, or avoid security threats at the camps. The
policy permitted Eritrean refugees to live outside the three camps
located in the north of the country. The policy provided more freedom
of movement to Eritrean refugees and eased the burden of providing
services within the camps. There were more than 1,700 urban refugees
registered with the UNHCR and the Government, most of them from
Somalia, Eritrea, and the Democratic Republic of the Congo.
The Government, in cooperation with the UNHCR, continued to provide
temporary protection to individuals from Sudan, Eritrea, and Somalia
who may not qualify as refugees under the 1951 convention and the 1967
protocol.
During the year the IOM processed 4,606 refugees who departed for
resettlement abroad. While still ongoing, interest in Sudanese
repatriation waned, and the UNHCR and the Government did not assist the
return of any Sudanese refugees to their homes during the year.
On January 18, police outside of My Ayni camp fired upon a car that
failed to stop at a police checkpoint, killing one female refugee and
seriously wounding two others. On June 12, police shot three Eritrean
refugees, one fatally, at a police checkpoint outside My Ayni. In both
instances the refugees were seeking to leave My Ayni for secondary
migration to Sudan and Egypt. In response the UNHCR officially wrote to
the Government to request an investigation.
On April 28, nine Somali refugees from Kebrebeyah refugee camp were
arrested on suspicion of affiliation with the ONLF. All were released
later without charge. On June 30, one refugee from Kebrebeyah was
sentenced to eight years in prison for having links to the ONLF.
At years' end four of the refugees arrested in December 2009
remained in prison without charge. The Administration of Refugee and
Returnee Affairs, an Ethiopian government agency, but not the UNHCR,
had access to the prisoners.
As in 2009 there were no allegations of government cooperation with
the Government of Sudan in the forcible repatriation of Ethiopian
refugees. In 2009 there were instances of refoulement, in which
Ethiopian refugees from Somaliland and Puntland were turned over to
government security forces.
There were no developments in the ongoing investigation of the
December 2009 arrest of eight Kebrebeya camp refugees by police and the
subsequent killing of three of them by the military. The Government
asserted that the individuals were IDPs, not refugees. When shown proof
from the UNHCR database that the individuals were indeed registered
refugees, authorities alleged the individuals were Ethiopians posing as
refugees. The UNHCR transferred two of the families of the refugees
involved in the incident away from Kebrebeyah due to continued
harassment by security forces. At year's end the Government continued
to investigate the incident.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully. In practice the country has never had a peaceful
change of government, and the ruling EPRDF and its allies dominated the
Government. In simultaneous national and regional parliamentary
elections in May, the EPRDF received approximately 79 percent of the
total votes cast but won more than 99 percent of all legislative seats.
Election day was peaceful, as 93 percent of registered voters cast
ballots, but independent observation of the vote was severely limited.
Accredited diplomats were restricted to the capital and barred from
proximity to polling places. Although those few independent observers
allowed access to the process did not question the EPRDF victory, there
was ample evidence that unfair government tactics--including
intimidation of opposition candidates and supporters--influenced the
extent of that victory. International observation was limited to 60
observers from the African Union (AU), who arrived on May 16 for the
May 23 vote, and 120 observers from the EU, some of whom arrived as
early as February. In preliminary comments following the elections, the
AU pronounced them free and fair. The EU concluded that the elections
fell short of international standards for transparency and failed to
provide a level playing field for opposition parties. Overall the EU
observed a ``climate of apprehension and insecurity,'' noting that the
volume and consistency of complaints of harassment and intimidation by
opposition parties was ``a matter of concern'' and had to be taken into
consideration ``in the overall assessment of the electoral process.''

Elections and Political Participation.--The constitution provides
citizens the right to freely join political organizations of their
choice; however, in practice these rights were restricted through
bureaucratic obstacles and government and ruling party intimidation,
harassment, and arrests, with physical threats and violence used by
local officials and EPRDF operatives, local police, and shadowy local
militias under the control of local EPRDF operatives.
In the May national and regional parliamentary elections, the EPRDF
and its affiliates won 2,450 of 2,453 seats. Coupled with the 2008
local elections, in which the EPRDF and its affiliates took all but
four of 3.4 million seats after a boycott by most of the opposition,
the May electoral cycle solidified the EPRDF's political domination at
every level of government.
An environment conducive to free and fair elections was not in
place in the two years prior to the May elections. The EPRDF employed
advantages of incumbency to restrict political space for opposition
candidates and activists. On the federal level, a series of reforms
passed by the EPRDF-dominated parliament allowed the EPRDF to
progressively narrow the freedom of opposition parties and civil
society organizations to participate in the elections process. The
parliament enacted a code of conduct that created a system of ``joint
councils'' through which political parties could present all manner of
complaints for peer review and arbitration. In practice only 16 of the
637 joint councils envisioned for the country were in fact formed, and
only the Addis Ababa Joint Council took up cases in earnest. In an
April speech, Prime Minister Meles threatened opposition leaders with
postelection criminal prosecution for unspecified violations of the
electoral code of conduct; however, there were no prosecutions by
year's end. At the local level, thousands of opposition activists
complained of EPRDF-sponsored mistreatment, ranging from harassment in
submitting candidacy forms to beatings by local militia members, and
complained further that there was no non-EPRDF dominated forum to which
to present those complaints. Although the law provides for partial
public funding of campaigns, in practice opposition parties received
very little public funding, since funding was allocated on the basis of
the number of seats held by each party in the parliament. The law also
permits private citizens and companies to contribute to campaigns, but
recently enacted disclosure rules likely limited contributions to
opposition parties. The EPRDF entered the election season with millions
of dollars, whereas major opposition parties were virtually bankrupt.
The parliament also enacted the CSO law, which prohibited NGOs with
greater than 10 percent foreign funding from participating in the
elections process. This essentially eliminated independent civil
society participation in the elections.
Voter education efforts, previously undertaken by civil society,
were taken over exclusively by the NEBE, which launched its voter
education campaign only days before the election and limited it to
instruction on finding polling stations and completing ballots. The
major educational effort that would have been required to explain to
voters, the majority of whom were illiterate, that they were free to
vote for whomever and whichever party they chose was not undertaken.
The EPRDF controlled all 112 seats in the House of Federation, the
upper house of parliament, whose members were appointed by regional
governments and by the federal government. The primary role of the
Upper House is to judge, as necessary, the constitutionality of the
laws passed by the lower house and to allocate financial resources from
the federal government to the regions.
An opposition candidate for the federal parliament, Aregawi
Gebreyohannes, was killed on March 2, in western Tigray. He was a
member of the Arena Tigray Party, which belonged to the Forum
opposition coalition. The party chief, Gebru Asrat, said that the
killing came after weeks of harassment and multiple politically
motivated arrests of Aregawi. The Government stated that the death
stemmed from a personal dispute and confrontation between Aregawi and
Tsige Berhane, a customer in Aregawi's restaurant. Tsige was convicted
of murder on March 10 and sentenced to 15 years in prison.
On April 16, Biyansa Daba died in an Addis Ababa hospital. Members
of Biyansa's family and Forum coalition leaders claimed that Biyansa
was a Forum activist who had been repeatedly harassed and physically
abused by local officials, police, and militia in his home village of
Balemi, in Oromia. Biyansa's family and neighbors said that he had been
severely beaten by local police and militia outside his home
approximately two weeks before his death and had sought medical
treatment in Balemi and Ambo before being transferred to an Addis Ababa
hospital. Local officials and police insisted that Biyansa was an EPRDF
supporter, denied that any beating took place, and did not investigate
the allegations. EPRDF leaders in Addis Ababa insisted that Biyansa
died of natural causes and produced an autopsy report to that effect.
Dergis Merera, a close friend of Biyansa's who said he witnessed the
beating and saw the medical records, stated that Biyansa's death was
the result of trauma from the beatings. Dergis was arrested in May and
convicted of ``organizing an uprising to disrupt the constitutional
order.'' He was released from Ambo prison in September.
The Government policy of ethnic federalism led to the creation of
individual constituencies to provide for representation of all major
ethnic groups in the House of People's Representatives. There were more
than 80 ethnic groups, and small groups lacked representation in the
legislature. There were 24 nationality groups in six regional states
(Tigray, Amhara, Beneshangul, SNNPR, Gambella, and Harar) that did not
have a sufficient population to qualify for constituency seats based on
the 2007 census result; however, in the May elections, individuals from
these nationality groups competed for 24 special seats in the House of
People's Representatives. Additionally these 24 nationality groups have
one seat each in the unelected, largely ceremonial House of Federation.
During the year the United Ethiopian Democratic Forces, UDJ, OFDM,
Arena Tigray for Democracy and Sovereignty, and OPC reported arrests of
members and the forced closure of political party offices throughout
the country, as well as intimidation of landlords to force them to
evict the political groups (see section 1.d.).
During the year some opposition political leaders, including
federal and regional members of parliament (MPs), were discouraged or
physically blocked from traveling to their constituencies to meet with
supporters, although others visited constituents without incident. In
January police and militia in the Oromia region, as well as civilians,
allegedly physically harassed two senior leaders of OPC when they tried
to register candidates.
Reporting from Human Rights Watch further documented preelection
intimidation and harassment of opposition candidates and activists by
the Government and the EPRDF. In the period prior to the election, the
Government jammed both VOA and Deutsche Welle Ethiopian-language
broadcasts and blocked their Web sites, a state of affairs that lasted
until October.
There were 152 women in the House of People's Representatives, two
female judges on the 11-seat Supreme Court, and three women among the
39 state ministers.
Membership in the EPRDF conferred advantages upon its members; the
party directly owned many businesses and was broadly perceived to award
jobs and business contracts to loyal supporters. There were frequent
reports that local authorities told opposition members to renounce
their party membership and become EPRDF members if they wanted access
to subsidized seeds and fertilizer; food relief; civil service job
assignment, promotion, or retention; student university assignment and
postgraduate employment; and other benefits controlled by the
Government.
During the year there were credible reports that teachers and other
government workers had their employment terminated if they belonged to
opposition political parties. According to opposition groups such as
the OFDM and the OPC, the Oromia regional government continued to
threaten to dismiss opposition party members--particularly teachers--
from their jobs.
Registered political parties must receive permission from regional
governments to open and occupy local offices. There were, however,
reports of opposition parties closing offices due to coercion by local
officials. A common tactic reported was to intimidate landlords into
evicting their political party tenants. Another factor that influenced
the closing of offices was a decrease in the availability of funding.
For example, the OPC had no more than seven offices, down from more
than 100 in 2005.
The political leaders of the OPC, Major Mekonnen Geleta and Colonel
Asrat Tekalegne, alleged that supporters of the ruling party, including
EPRDF woreda officials, beat and intimidated them as they tried to
register their party's candidates for the May election. They did not
pursue legal action, stating that appeal to the EPRDF-dominated local
institutions would be pointless and potentially dangerous.
Merera Gudina, the chairman of the OPC, stated that he was unable
to register candidates in five woredas; that security forces attacked
and damaged an OPC vehicle, stole party documents, and beat
representatives traveling to East Wallega to register candidates; that
the police in the Somali region prevented him from holding a rally by
dispersing the crowd; and that of 38 events planned at the woreda
level, he was able to hold only six.
There were no developments in the 2008 beating of federal MP Gutu
Mulisa and suspected CUD supporter Bilisuma Shuge.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption.
Corruption remained a problem, particularly among traffic police who
routinely solicited bribes. The World Bank's 2009 Worldwide Governance
Indicators made it clear that corruption remained a serious problem.
The MOJ has primary responsibility for combating corruption,
largely through the Federal Ethics and Anti-Corruption Commission
(Ethics Commission). A combination of social pressure, cultural norms,
and legal restrictions limited corruption. However, some government
officials appeared to manipulate the privatization process, and state-
and party-owned businesses received preferential access to land leases
and credit.
In March parliament passed the Disclosure and Registration of
Assets Proclamation, requiring that all government officials and
employees officially register their wealth and personal property. The
registration of assets of government officials began in December. At
year's end the president, prime minister, and all the cabinet-level
ministers registered their assets.
On April 22, the Federal High Court handed down sentences of two to
15 years, in addition to fines, for seven defendants accused of
corruption in connection with a scheme to sell land in Addis Ababa
illegally. Behailu Lemma Dinku, a former technician in the Land and
Housing Department, created two front companies to appropriate 205
million birr ($12.5 million) worth of city land illegally; two
employees of the land-leasing company acted as his chief accomplices,
formalizing the fake associations.
The Federal Ethics and Anti Corruption Commission released a
statement claiming that from March through May, 110 persons convicted
of corruption were sentenced to prison terms ranging from one to 21
years and fined amounts ranging from 3,000 to 5,000 birr ($183 to
$305). The statement said that the individuals were found guilty of
abusing power, embezzling public property, receiving bribes, and
administrative mismanagement. Among the individuals sentenced to 21
years was the previous finance section head of the Federal Courts Law
Enforcement Division, Goshu Andualem, and the former manager of the
land development office of the Kolfe subcity in Addis Ababa, Wondwosen
Alemu. Nineteen of the 110 individuals convicted were reported to be
women.
Government tenders were occasionally discontinued after bids were
received, rereleased several times without being filled, or awarded to
bidders with strong links to the Government and ruling party with
little to no transparency in these processes or reviews.
In February 2009 the Ethics Commission reported that it conducted
investigations on and arrested 203 corruption suspects from August 2008
to January 2009. The Ethics Commission also reported it held a training
session for 553 persons on the concept of ethics, the anticorruption
law, and corruption-prevention strategies.
In October 2009 federal MP Belete Etana Disassa published
allegations of several instances of serious corruption within the
federal government, including illegal procurement, unlawful payments,
and unaccounted spending amounting to more than 2.5 billion birr ($152
million).
In December 2009 the Federal High Court sentenced nine army
officers and Kolfe-Keranyo subcity officials of Addis Ababa to from
seven to 10 years' imprisonment and fines of 5,000 to 10,000 birr ($305
to $620) for illegally possessing land worth more than 6.7 million birr
($409,000) for personal gain.
In 2008 the Ethics Commission arrested Tesfaye Birru, former ETC
managing director, and 12 other senior management staff and accused
them of approving an equipment and technology contract that violated
government bid regulations and cost 1.52 billion birr ($92.7 million).
In August the ETC found that the evidence against Tesfaye and the
others presented a prima facie case of corruption and ordered the 12
defendants to present their cases, which were pending at year's end.
In 2008 the Ethics Commission accused eight high-ranking National
Bank officials of involvement in a gold scandal worth 158 million birr
($9.7 million). The Federal High Court ordered the defendants to
present their cases. The cases were pending at year's end.
Police and judicial corruption continued to be problems.
The law provides for public access to government information, but
access was largely restricted in practice. The Press Law, passed in
2008, included freedom of information provisions.
The Government publishes its laws and regulations in the national
gazette prior to their taking effect. The Communication Affairs Office
managed contacts between the Government, the press, and the public;
however, the private press reported that the Government routinely
refused to respond to queries from the private press.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A few domestic human rights groups generally operated, although
with significant government restriction. The Government was generally
distrustful and wary of domestic human rights groups and international
observers. Particularly in the period prior to the May national
elections, continuing through the immediate postelection environment,
the national media were critical of international human rights groups
such as Human Rights Watch (HRW), which they accused of promoting
subversive ``neoliberal'' and ``rent-seeking'' agendas, and the
Government restricted diplomatic movements in the country around the
time of the election.
Both before and after the May national elections, small
demonstrations were instigated against HRW. HRW was strongly criticized
for interference in internal country affairs. On November 8, the EU
Election Observer Mission issued its final report on the elections,
criticizing what it described as an electoral process that ``fell short
of international commitments for elections, notably regarding the
transparency of the process and the lack of a level playing field for
all contesting parties.'' It described ``the blurring of the
distinction between the ruling party and the local administration'' at
the kebele level, and it found discrepancies between the final results
from polling stations and the previously recorded vote counts in 27
percent of observed cases.
On February 13, the CSO law entered into force following a one-year
grace period. During the grace period, NGOs and CSOs had to complete
new registration processes. The law prohibits charities, societies, and
associations (NGOs or CSOs) that receive more than 10 percent of their
funding from foreign sources from engaging in activities that promote
human rights and democracy; the rights of children and persons with
disabilities; equality among nations, nationalities, people, genders,
and religions; conflict resolution or reconciliation; and the promotion
of justice. During the grace period, leading human rights defender
organizations adjusted by registering either as local charities,
meaning that they could not raise more than 10 percent of their funds
from foreign donors, or as ``Resident Charities,'' which allowed
donations but prohibited activities in the enumerated areas.
Two prominent human rights defender organizations--EHRCO and the
Ethiopian Women Lawyers' Association (EWLA)--registered as local
charities to preserve their mission and adjust to the law. For EHRCO
the only organization in the country doing actual investigation and
reporting on alleged human rights abuses, the readjustment also
included dropping its ``Ethiopian'' designation, since it could not
afford to retain offices in at least five regions, as required by the
CSO law. Therefore, it eliminated ``Ethiopian'' from its name and
registered as HRCO. The CSA set up by the Government to oversee NGOs
froze the accounts of these two and four other organizations, claiming
that funds raised in 2009 would have to be cross-checked against the
annual work plan for the year. Donors demanded that the seized assets
be returned to the organizations, or at least to donors, but the matter
remained unresolved at year's end.
EWLA was the prominent women's rights advocacy NGO providing
support services to disadvantaged women in three major areas: research
and advocacy to find gender gaps and suggest amendments to the national
laws, legal aid to support victims of violence and resolve civil
problems in marriage relations as well as employment, and public
education to influence aspects of the traditional outlook that are
harmful to women and girls. Due to financial cutbacks, EWLA
significantly reduced its public education program, decreased its staff
by 70 percent, and closed its hotline.
Other prominent organizations, such as the Ethiopian Bar
Association were compelled to seek reregistration under new names,
since their names were appropriated by new, identical associations
organized by the EPRDF.
There were 3,522 organizations registered before the CSO law was
adopted, and, after the law 1,655 organizations reregistered. The
Government maintained that the majority of the organizations that did
not reregister had not functioned organizations prior to the
reregistration process.
The Government harassed individuals who worked for domestic human
rights organizations. For example, in June 2009 Werebabo woreda
officials in South Wollo zone arrested EHRCO investigator Mulugeta
Fentaw in Bistima town. He was charged with stealing 200 birr ($12.21)
and sentenced to eight months in prison. In July 2009 the zonal high
court dismissed the case (see section 1.d.).
The Government generally cooperated with international
organizations such as the UN. In 2009 with the assistance of the Office
of the High Commissioner for Human Rights, East Africa Regional Office,
the Government undertook a project to prepare all of its overdue
initial, combined, and periodic reports required under various
international and regional human rights instruments, and by year's end
all reports were completed, with the process of review in various
committees underway.
The Government continued to restrict Somali region access to the
MSF and other NGOs (see section 1.g.).
The Government denied NGOs access to federal prisons, police
stations, and political prisoners. There were credible reports that
security officials continued to intimidate or detain local individuals
to prevent them from meeting with NGOs and foreign government officials
investigating allegations of abuse.
In May 2009 state-owned Ethiopian Television broadcast a three-part
documentary claiming to refute cases of human rights abuses documented
by foreign observers. The Ministry of Foreign Affairs initiated an
ostensible ``investigation'' conducted by the Ethiopian News Agency
(ENA), a part of the Government Communication Affairs Office. Human
rights abuse victims and their families, neighbors, and friends were
questioned by ENA officials, sometimes while being recorded on video
and escorted by armed security officers. The testimony by individuals
confirming their stories of abuse to these investigators was excised
from the final documentary report. The Government-established Ethiopian
Human Rights Commission, which is funded by the parliament and subject
to parliamentary review, investigates human rights complaints and
produces both annual and thematic reports, although it did not release
any reports during the year. The Office of the Ombudsman has the
authority to receive and investigate complaints with respect to
administrative mismanagement by executive branch offices. The office
received hundreds of complaints during the year, mainly focused on
delays or denials in services, improper institutional decisions,
promotions or demotions, and pension matters. It was not known which
complaints were investigated or acted upon.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides all persons equal protection without
discrimination based on race, nation, nationality, or other social
origin, color, gender, language, religion, political or other opinion,
property, birth, or status; however, in practice the Government did not
fully promote and protect these rights.

Women.--The constitution provides women the same rights and
protections as men. Harmful Traditional Practices (HTPs) such as FGM,
abduction, and rape are explicitly criminalized; however, enforcement
of these laws was inconsistent. To address this, the Government
established a National Commission for Children's and Women's Affairs in
2005, as part of the EHRC, to investigate alleged human rights
violations against women and children.
Women and girls experienced gender-based violence daily, but it was
underreported due to cultural acceptance, shame, fear, or a victim's
ignorance of legal protections. The National Committee for Traditional
Practices in Ethiopia identified 120 HTPs. One of the most prevalent
HTPs, FGM, was still widespread but declining. In 2000 the Ethiopian
Demographic and Health Survey found that FGM was practiced on 80
percent of all women surveyed, while the total dropped to 74 percent of
all women surveyed in 2005. Furthermore, the number of younger women
subjected to FGM was declining more rapidly; in 2005, 81 percent of
women ages 35-39 had been subjected to FGM, compared with 62.1 percent
of women ages 15-19. The same survey found that four in five women who
had been subjected to FGM in the Somali region, and three in five in
the Afar region, underwent infibulation, the most severe form of FGM.
In the context of gender-based violence, significant gender gaps in the
justice system remained, due to poor documentation, inadequate
investigation, and lack of special handling of cases involving women
and children.
The law criminalizes rape and provides penalties of five to 20
years' imprisonment, depending on the severity of the case; however,
the law does not expressly address spousal rape. The Government did not
fully enforce the law, partially due to widespread underreporting. The
Addis Ababa 2006 annual police report listed 736 rape cases in an
estimated population of 3.5 million persons; the true incidence may
have been much higher. More recent statistics on the number of abusers
prosecuted, convicted, or punished were not available. However, EWLA
reported that in 2006, 558 rape cases were reported and 281 offenders
were punished. Additionally, in 2005, 938 incidents of rape were
reported; however, only 103 offenders were punished. The length of
imprisonment for offenders in both years was unknown.
Domestic violence, including spousal abuse, was a pervasive social
problem. The 2005 Demographic and Health Survey (DHS) found that 81
percent of women believed a husband had a right to beat his wife. A
2005 World Health Organization study found that in two rural districts
in SNNPR, Meskan and Mareko, 71 percent of women were subject to
physical or sexual violence, or both, by an intimate partner during
their lifetime. Although women had recourse to the police and the
courts, societal norms and limited infrastructure prevented many women
from seeking legal redress, particularly in rural areas. The Government
prosecuted offenders on a limited scale. Domestic violence is illegal
under the criminal code. Depending on the severity of damage inflicted,
punishment varies from small fines to imprisonment for up to 10 to 15
years. During the year the Government expanded its efforts to combat
domestic violence by setting up a hotline run by the Federal Police,
under the Ministry of Federal Affairs; another domestic violence
hotline established by EWLA was closed due to budget constraints. In
addition police officers were required to receive domestic violence
training from domestic NGOs and the Ministry of the Women's Affairs.
There is a deputy commissioner of women's and children's rights in the
EHRC.
Sexual harassment was widespread. The penal code prescribes 18 to
24 months' imprisonment; however, harassment-related laws were not
enforced.
The law sets the legal marriage age for girls and boys at 18;
however, this law was not uniformly enforced. The 2005 DHS found that
among women ages 25-49, 66 percent were married by age 18 and 79
percent were married by age 20. The median age at first marriage among
women ages 25-49 was 16.1 years of age, with a range of 14.2 years in
Amhara to 21.9 years in Addis Ababa. There was little change in these
numbers between the 2000 and 2005 studies, although it appeared that
there was a small decline in marriages at the earliest ages.
In 2004 the Ministry of Health launched an ambitious Health Sector
Development Program that significantly increased access to health care,
especially in rural areas. The Health Extension Program (HEP) supports
a paid health extension worker at a health post in every area with a
population of at least 5,000; health posts feed into a health center
that provides limited services. The HEP contributed significantly to
increases in access to improved water and sanitation, family planning,
and immunization, which in turn have drastically improved health
indicators. For example, according to the 2000 DHS, the contraceptive
prevalence rate among married women was 8 percent, of which 6.3 percent
used modern methods. This increased to 14.7 percent in 2005, with 13.9
percent of that due to modern methods. The DHS's 2009 Last Ten
Kilometers Project baseline survey reported a contraceptive prevalence
of 32 percent in the four most populous agrarian regions (accounting
for 80 percent of the country's population). Similarly, under-five
mortality declined from 166 deaths per 1,000 live births in 2000 to 123
deaths per 1,000 live births in 2005 (DHS). Infant mortality declined
from 97 to 77 per 1,000 live births. Maternal mortality rates declined
from 871 in 2000 to 673 in 2005.
Discrimination against women was most acute in rural areas, where
85 percent of the population was located. The law contains
discriminatory regulations, such as the recognition of the husband as
the legal head of the family and the sole guardian of children over
five years old. Courts generally did not consider domestic violence a
justification for granting a divorce. There was limited legal
recognition of common law marriage. Irrespective of the number of years
the marriage existed, the number of children raised, and joint
property, the law entitled women to only three months' financial
support if a relationship ended. A common-law husband had no obligation
to provide financial assistance to his family, and as a result, women
and children sometimes faced abandonment. Notwithstanding progressive
provisions in the formal law, such as the family law passed in 2000,
traditional courts continued to apply customary law in economic and
social relationships.
According to the constitution, all land belongs to the Government.
However, both men and women have land-use rights, which they can pass
on as an inheritance as long as their offspring are also engaged in
farming. Those who use the land may rent all or a portion of their land
according to regional land laws, which vary from region to region. In
Amhara one may rent up to 100 percent of one's land for a maximum of 25
years; in Tigray and SNNPR, up to 50 percent of land may be rented for
a maximum of 20 years; in Oromia the maximum duration of the lease is
15 years. All recently passed federal and regional land laws empower
women to access government land. Inheritance laws also enable widowed
women to inherit joint property they acquire during marriage. At year's
end Gambella and Benishangul-Gumuz had not passed regional land
policies.
In urban areas women had fewer employment opportunities than men,
and the jobs available did not provide equal pay for equal work.
Women's access to gainful employment, credit, and the opportunity to
own and/or manage a business was further limited by their low level of
education and training, traditional attitudes, and limited access to
information.
The MOE reported that female participation in undergraduate and
postgraduate programs had increased to 90,938 in 2008-09 from 33,146 in
2004-05, due to the expansion of higher-learning institutions,
awareness training, and the establishment of gender offices in
universities.

Children.--The constitution provides a comprehensive list of rights
for children. Citizenship is derived from one's parents.
The Government supported efforts by domestic and international NGOs
that focused on children's social, health, and legal issues, despite
its limited ability to provide improved health care, basic education,
or child protection. As a policy primary education was universal,
tuition-free, and compulsory; however, there were not enough schools to
accommodate the country's youth, particularly in rural areas. The cost
of school supplies was prohibitive for many families, and there was no
legislation to enforce compulsory primary education.
Child abuse was widespread. Unlike in previous years there was no
training of police officers on procedures for handling cases of child
abuse. One NGO that assisted in the training lost foreign funding
because of the CSO law and had ceased its operations.
A 2009 study conducted by the African Child Policy Forum revealed
that prosecuting offenders for sexual violence against children was
difficult due to inconsistent interpretation of laws among legal bodies
and the offender's right to bail, which often resulted in the offender
fleeing or coercing the victim or the victim's family to drop the
charges.
Societal abuse of young girls continued to be a problem. HTPs
included FGM, early marriage, marriage by abduction, and food and work
prohibitions. A 2006 African Child Policy Forum retrospective survey
indicated that 68.5 percent of girls surveyed had been sexually abused
and 84 percent had been physically abused.
The majority of girls and women in the country had undergone some
form of FGM. Girls typically experienced clitoridectomies seven days
after birth (consisting of an excision of the clitoris, often with
partial labial excision) and faced infibulation (the most extreme and
dangerous form of FGM) at the onset of puberty. A 2008 study funded by
Save the Children Norway reported a 24 percent national reduction in
FGM cases over the past 10 years, due in part to a strong anti-FGM
campaign. The penal code criminalizes practitioners of clitoridectomy,
with imprisonment of at least three months or a fine of at least 500
birr ($30.53). Likewise, infibulation of the genitals is punishable
with imprisonment of five to 10 years. However, no criminal charges
have ever been brought for FGM. The Government discouraged the practice
of FGM through education in public schools and broader mass media
campaigns.
In the Afar region older men continued to marry young girls, but
this traditional practice continued to face greater scrutiny and
criticism. Local NGOs, such as the Kembatta Women's Self-Help Center
and the Tigray Women's Association, also influenced societal attitudes
toward HTPs and early marriage in their areas. Child marriage was a
problem particularly in Amhara and Tigray, where girls were routinely
married as early as age seven, despite the legal minimum age of 18 for
marriage. Regional governments in Amhara and Tigray ran programs to
educate young women on issues associated with early marriage. There
were some signs of growing public awareness in communities of the
problem of abuse of women and girls, including early marriage.
Marriage by abduction is officially illegal, although it continued
in some regions, including the Amhara, Oromia, and SNNPR, despite the
Government's attempts to combat the practice. Forced sexual
relationships accompanied most marriages by abduction, and women often
experienced physical abuse during the abduction. Abductions led to
conflicts among families, communities, and ethnic groups. In cases of
marriage by abduction, the perpetrator did not face punishment if the
victim agreed to marry the perpetrator. EGLDAM (Ethiopia Goji Limadawi
Dirgitoch Aswogaj Mahibar), the former National Committee for
Traditional Practices in Ethiopia, reported in June that there were
significant decreases in this practice in all regions over the past
decade. Overall, 25 percent of women ages 60 and above reported
marriage by abduction, but only 8 percent of women under age 30
reported this practice.
The commercial sexual exploitation of children continued during the
year, particularly in urban areas. Girls as young as age 11 reportedly
were recruited to work in brothels, often sought by customers who
believed them to be free of sexually transmitted diseases. Girls were
also exploited as prostitutes in hotels, bars, resort towns, and rural
truck stops. Reports indicated that some young girls were forced into
prostitution by their family members. Within the country children were
trafficked from rural to urban areas for domestic service, commercial
sexual exploitation, and forced labor in street vending and other
activities. Reports indicated that children were trafficked from Oromia
and SNNPR to other regions of the country for forced or bonded labor in
domestic service.
According to a Ministry of Labor and Social Affairs (MOLSA) report,
approximately 150,000 children lived on the streets, and 60,000 of
these children lived in the capital. The MOLSA report stated that the
problem was exacerbated because of families' inability to support
children, due to parental illness and insufficient household income.
These children begged, sometimes as part of a gang, or worked in the
informal sector. Government and privately run orphanages were unable to
handle the number of street children, and older children often abused
younger ones. ``Handlers'' sometimes maimed or blinded children to
raise their earnings from begging.
There were reports during the year of recruitment of child soldiers
in connection with the Somali region conflict (see section 1.g.).
There were an estimated 5.4 million orphans in the country,
according to the report of Central Statistics Authority. Government-run
orphanages were overcrowded, and conditions were often unsanitary. Due
to severe resource constraints, hospitals and orphanages often
overlooked or neglected abandoned infants. Children did not receive
adequate health care, and several infants died due to lack of adequate
medical attention. There were multiple international press reports that
parents received payment from some adoption agencies to relinquish
their children for international adoption, and that some agencies
concealed the age or health history of children from their adoptive
parents. The Government was slow to investigate these allegations.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction.

Anti-Semitism.--The Jewish community numbered approximately 2,000;
there were no reports of anti-Semitic acts.

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

Persons With Disabilities.--The constitution does not mandate equal
rights for persons with disabilities. However, two laws prohibit
discrimination against persons with physical and mental disabilities in
employment and mandate access to buildings.
The Right to Employment of Persons with Disabilities Proclamation,
gazetted in 2008, prohibits employment discrimination on the basis of
disability. It also states that employers are responsible for providing
appropriate working or training conditions and materials to persons
with disabilities. The law specifically recognizes the additional
burden on women with disabilities. The Government took limited measures
to enforce the law. For example, the Government assigned interpreters
for hearing-impaired civil service employees.
The Ethiopian Building Proclamation, gazetted in May 2009, contains
an article that mandates building accessibility and accessible toilet
facilities for persons with physical disabilities. In addition
landlords are required to give persons with disabilities preference for
ground-floor apartments, and this was respected in practice.
Women with disabilities were more disadvantaged than men in
education and employment. An Addis Ababa University study showed that
female students with disabilities were subjected to a heavier burden of
domestic work than their male peers. The enrollment rate for girls with
disabilities was lower than for boys at the primary school level, and
this gap increased at higher levels of education. Girls with
disabilities also were much more likely to suffer physical and sexual
abuse than able-bodied girls.
There were approximately seven million persons with disabilities,
according to the Ethiopian Federation of Persons with Disabilities.
There was one mental hospital and an estimated 10 psychiatrists in the
country. There were several schools for hearing and visually impaired
persons and several training centers for children and young persons
with intellectual disabilities. There was a network of prosthetic and
orthopedic centers in five of the nine regional states.
The CSO law that went into effect in February prohibits
organizations receiving more than 10 percent of their funding from
foreign sources from promoting the rights of persons with disabilities.
Several domestic associations, such as the Ethiopian National
Association of the Blind, Ethiopian National Association of the Deaf,
and Ethiopian National Association of the Physically Handicapped, were
negatively affected by the legislation.

National/Racial/Ethnic Minorities.--There are more than 80 ethnic
groups, of which the Oromo, at 40 percent of the population, is the
largest. The federal system drew boundaries roughly along major ethnic
group lines, and regional states had much greater control over their
affairs than previously. Most political parties remained primarily
ethnically based.
In late January and early February, press reports alleged and
credible sources confirmed that some students in Addis Ababa who
originated from the Ogaden province of the Somali regional state were
being arrested. In a criminal trial, the Government charged Mohamed
Muse, Ahmed Nure Abdi Ali, Meryamo Moalin Abdu, Faysel Abdiquadir, and
Siyad Sheekh with undermining the political and territorial integrity
of the country, including membership in the ONLF, and raising finances
for the ONLF. Codefendants Mohammed Muse, Ahmed Nure, and Meryamo
Moalin Abdu were found guilty and sentenced to 11 years in prison. The
other three defendants were acquitted and released.
In March press reports alleged that ethnic Oromos fled to Yemen due
to fear of political persecution and systematic abuse. However, the IOM
reported that a significant portion of the migrants returning from
Yemen were from Oromia.
In June 2009 several minority ethnic groups in SNNPR (composed of
more than 50 minority ethnic groups) complained the Government took
measures to silence indigenous persons who protested the exploitation
of natural resources. The regional State Justice Bureau of SNNPR
revoked the licenses and suspended the activities of 42 community-based
organizations (CBOs) for engaging in activities outside their mandate.
Alleged infractions included mobilizing communities against the use of
fertilizers, setting up a parallel government, promoting harmful
traditional practices, nontransparent remuneration and accounting
practices, producing no visible development projects for the perceived
amount of money the associations were receiving, and practicing
traditional rites that offended Christians. All of the CBOs were
cultural and environmental preservation associations. The associations
denied some or all of the allegations and lodged appeals with the
Office of the Prime Minister, the ombudsman, the House of People's
Representatives, and the House of Federation. The case continued at
year's end.
Government and ONLF forces were responsible for human rights abuses
in the Somali region (see section 1.g.).
There were no developments in the following 2008 ethnic conflict
incidents: the Holte-Keyama kebele conflict that resulted in the
killing of 18 persons and the injury of 26; the Borena and Gheri ethnic
conflict that resulted in the death of 600 persons and the displacement
of thousands; the Oromo, Afar, and Argoba conflict that resulted in the
killing of 14 persons and severe injury to 18; and the killing of Zewdu
Abate.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Homosexuality is illegal and
punishable by imprisonment under the criminal code. Instances of
homosexual activity involving coercion or involving a minor (ages 13 to
16) are punishable by imprisonment prison term of anywhere from three
months to five years. Where children under 13 years of age are
involved, the law provides for imprisonment of five to 25 years. There
were some reports of violence against lesbian, gay, bisexual, and
transgender individuals; however, reporting was limited due to fears of
retribution, discrimination, or stigmatization.
The AIDS Resource Center in Addis Ababa reported that the majority
of self-identified gay and lesbian callers, 75 percent of whom were
male, requested assistance in changing their behavior to avoid
discrimination. Many gay men reported anxiety, confusion, identity
crises, depression, self-ostracizing, religious conflict, and suicide
attempts.
In 2008 nearly a dozen religious figures adopted a resolution
against homosexuality, urging lawmakers to endorse a ban on homosexual
activity in the constitution. The group also encouraged the Government
to place strict controls on the distribution of pornographic materials.
At year's end no action had been taken on the resolution.

Other Societal Violence or Discrimination.--Societal stigma and
discrimination against persons living with or affected by HIV/AIDS
continued in the areas of education, employment, and community
integration. Despite the abundance of anecdotal information, there were
no statistics on the scale of this problem.
Section 7. Worker Rights

a. The Right of Association.--The law provides most workers with
the right to form and join unions, and the Government permits unions in
practice. However, the law specifically excludes managerial employees,
teachers, and civil servants (including judges, prosecutors, and
security service workers) from organizing unions. Approximately two-
thirds of union members belong to organizations affiliated with the
Confederation of Ethiopian Trade Unions, which is under the influence
of the Government. There was no reported government interference in
trade union activities during the year, because the major trade unions
were government-established entities.
A minimum of 10 workers is required to form a union. While the law
provides all unions with the right to register, the Government may
refuse to register trade unions that do not meet its registration
requirements. There were no reports that the Government used this
authority during the year. The law stipulates that a trade organization
may not act in an overtly political manner. Approximately 400,000
workers were union members.
Seasonal and part-time agricultural workers cannot organize into
labor unions. Compensation, benefits, and working conditions of
seasonal agricultural workers were far below those of unionized
permanent agricultural employees.
Under a regulation passed in 2008, the Ethiopian Revenue and
Customs Authority's director general has the sole power to dismiss
government workers suspected of corruption. Courts have no authority to
reinstate workers cleared of such charges.
Based on a 2008 Council of Ministers' regulation, the Government
sued the Workers' Association of the National Bank of Ethiopia (central
bank) in the Federal High Court, claiming that the bank was a nonprofit
government agency and that the labor union should be dissolved. In
February 2009 the High Court ruled that the association could not be
dissolved by a regulation while the rights of workers of the bank were
protected by law. The Government appealed to the Supreme Court, and at
year's end the case was pending.
In 2008 the Supreme Court ruled that the independent ETA be shut
down and forfeit its name, property, and bank assets to the Government-
controlled ETA. The decision capped 15 years of lengthy legal
proceedings and appeals. Subsequently, the original ETA applied for
registration with the MOJ as the National Teachers' Association but was
denied registration. Leaders of the organization sued the MOJ for
refusing to register their association but lost in the Federal First
Instance Court. They appealed to the Federal High Court in June 2009
and reapplied for registration with the CSA. On April 19, the High
Court ruled that the case could be referred to the CSA. The agency
refused to register the National Teachers' Association, explaining to
its leaders that their organization was superfluous given the existence
of the Government-controlled ETA. The original ETA leaders planned to
appeal the decision to the CSA board, a body that began operations in
August.
Although the constitution and law provide workers with the right to
strike to protect their interests, it contains detailed provisions that
make legal strike actions difficult to carry out, such as a minimum of
30 days' advance notice before striking when the case is referred to a
court or labor relations board. The law requires aggrieved workers to
attempt reconciliation with employers before striking and includes a
lengthy dispute settlement process. These provisions applied equally to
an employer's right to lock workers out. Two-thirds of the workers
involved must support a strike for it to occur.
If a case has not already been referred to a court or labor
relations board, workers retain the right to strike without resorting
to either of these options, provided they give at least 10 days' notice
to the other party and to the Ministry of Labor and Social Affairs and
make efforts at reconciliation.
The law also prohibits strikes by workers who provide essential
services, including air transport and urban bus service workers,
electric power suppliers, gas station personnel, hospital and pharmacy
personnel, firefighters, telecommunications personnel, and urban
sanitary workers.
The law prohibits retribution against strikers, but labor leaders
stated that most workers were not convinced that the Government would
enforce this protection. Labor officials reported that, due to high
unemployment and long delays in the hearing of labor cases, some
workers were afraid to participate in strikes or other labor actions.
Fourteen employees of Roto PLC were fired for arriving late on July
9. Another 20 employees went on strike in support of their 14
colleagues on July 30, claiming that the company had failed to respect
the agreement it had signed with the employees' labor union. These 20
employees were also dismissed by Roto PLC. The Addis Ababa city
administration Social and Labour Issues Office and the National
Federation of Energy, Chemical, and Mine Trade Unions (NFECMTU)
attempted to reconcile both sides, but the company refused to reinstate
the 14 it had dismissed, as well as the 20 employees who went on strike
as a result of the action taken against the 14. The company instead
hired and trained 20 new employees and decided not to bring back the 34
employees. On August 4, the company stated that it was willing to pay
compensation, but the employees wanted to negotiate for a return to
work, not compensation. At year's end the NFECMTU was trying to
intervene and reconcile both sides, but the dismissed employees stated
that their intent was to take the matter to court if Roto PLC refused
to negotiate a return to work.

b. The Right to Organize and Bargain Collectively.--The law
protects the right of collective bargaining for most workers, and in
practice the Government allowed citizens to exercise this right freely.
Labor experts estimated that collective bargaining agreements covered
more than 90 percent of unionized workers. Representatives negotiated
wages at the plant level. Unions in the formal industrial sector made
some efforts to enforce labor regulations.
Although the law prohibits antiunion discrimination by employers
against union members and organizers, unions reported that employers
frequently fired union activists. Lawsuits alleging unlawful dismissal
often take years to resolve because of case backlogs in the courts.
Employers found guilty of antiunion discrimination were required to
reinstate workers fired for union activities and generally did so in
practice.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, such
practices occurred (see sections 6 and 7.d.).
Courts could order forced labor as a punitive measure.
Additionally, both adults and children were forced to engage in street
vending, begging, traditional weaving, or agriculture work. Situations
of debt bondage also occurred in traditional weaving, pottery, cattle
herding, and other agricultural activities, mostly in rural areas.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
There were laws against child labor; however, the Government did not
effectively implement these laws in practice, and child labor remained
a serious problem, both in urban and rural areas. By law the minimum
age for wage or salary employment is 14 years; however, the minimum age
for employment was not effectively enforced. Special provisions cover
children between the ages of 14 and 18, including the prohibition of
hazardous or night work. By law children between the ages of 14 and 18
are not permitted to work more than seven hours per day, between 10
p.m. and 6 a.m., on public holidays or rest days, or overtime. The law
defines hazardous work as work in factories or involving machinery with
moving parts or any work that could jeopardize a child's health.
Prohibited work sectors include transporting passengers, electric
generation plants, underground work, street cleaning, and many other
sectors.
A 2001 survey conducted by the Central Statistics Agency found that
approximately 58 percent of boys and 42 percent of girls ages five to
14 were working. These figures were supported by a 2006 UNHCR study on
the worst forms of child labor. The great majority of working children
were found in the agricultural sector (95 percent), followed by
services, manufacturing, and other sectors. The number of working
children was higher in Amhara, Oromia, SNNPR, and Tigray than in other
regions. During the year the Government increased investments in
modernizing agricultural practices as well as in the construction of
schools in efforts to combat the problem of children in agricultural
sectors. The Government claimed a 94 percent rate of initial school
enrollment for children of primary school age.
According to the MOLSA, many children worked for their families
without pay. In both rural and urban areas, children often began
working at young ages. The MOLSA reported that two of five working
children were below the age of six. In rural areas children worked in
agriculture on commercial and family farms and in domestic service.
Children in rural areas, especially boys, also engaged in activities
such as cattle herding, petty trading, plowing, harvesting, and
weeding, while other children, mostly girls, collected firewood and
fetched water. In urban areas many children, including orphans, worked
in domestic services, often working long hours, which may prevent them
from attending school regularly. Anecdotal evidence suggests that some
children in urban areas also worked in construction, manufacturing,
shining shoes, making clothes, portering, directing customers to taxis,
petty trading, and herding animals. According to social welfare
activists and civic organizers, who cited anecdotal evidence, forced
child labor was poorly documented, and child laborers often faced
physical, sexual, and emotional abuse at the hands of their employers.
Also see the Department of State's annual Trafficking in Persons Report
at www.state.gov/g/tip.
Estimates of the population of street children varied, with
government estimates of approximately 100,000. In Addis Ababa alone,
there were an estimated 50,000 to 60,000 street children, according to
the MOLSA. Some of these children worked in the informal sector to
survive.
Child labor issues are covered by the MOLSA, with limited support
from the Ministry of Women's Affairs and the Ministry of Youth and
Sports. Cooperation, information sharing, and coordination between and
among the ministries were poor. Courts are responsible for enforcing
children's rights, and criminal and civil penalties may be levied in
child rights violation cases. In the absence of a national strategy,
investigation and disposition in cases of the violation of children's
rights was minimal.
To prevent children from being exploited for labor purposes, a
joint police-NGO child victim identification and referral mechanism
operated in the capital. Child Protection Units (CPUs) operated out of
each Addis Ababa police station but were sponsored by an NGO, Forum for
Street Children; the CPUs rescued and collected information on
trafficked children that facilitated their return to their families.
The CPUs referred 240 trafficked children to the IOM and local NGOs for
care in 2006, 843 in 2007, 761 in 2008, and 723 in 2009. The CPUs also
collected data on rescued children to facilitate their reunification
with their families. At year's end the CPUs stopped child protection
activities because the new CSO law prevents Forum for Street Children
from conducting advocacy work in the area of children's rights.
Previously, internationally funded centers in Addis Ababa provided
shelter, medical care, counseling, and reintegration assistance to
girls victimized by trafficking. Other international NGOs provided
assistance to child victims of commercial sexual exploitation,
including such services as a drop-in center, shelter, educational
services, skills training, guidance, assistance with income-generating
and employment activities, and family reunification services.

e. Acceptable Conditions of Work.--There is no national minimum
wage. Some government institutions and public enterprises, however, set
their own minimum wages. Public sector employees, the largest group of
wage earners, earned a monthly minimum wage of approximately 320 birr
($20); employees in the banking and insurance sector had a minimum
monthly wage of 336 birr ($21). According to the Office for the Study
of Wages and Other Remuneration, these wages did not provide a decent
standard of living for a worker and family. Consequently, most families
in the wage sector required at least two wage earners to survive, which
forced many children to leave school early. Only a small percentage of
the population was involved in wage labor employment, which is
concentrated in urban areas. Young girls continued to migrate, often
illegally, to the Gulf States in search of housekeeping work in order
to assist families back home and often fell victim to exploitation or
were trafficked. Many of these girls were subjected to inhumane living
and working conditions, and some lost their lives. In an effort to
prevent these situations, the MOLSA continued to encourage illegal
employment agencies to register as legal organizations.
The labor law provides for a 48-hour maximum legal workweek with a
24-hour rest period, premium pay for overtime, and prohibition of
excessive compulsory overtime. Although the Government did little to
enforce the law, in practice most employees in the formal sector worked
a 39-hour workweek. However, many foreign, migrant, and informal sector
workers worked more than 48 hours per week.
The Government, industries, and unions negotiated occupational
health and safety standards; however, the MOLSA inspection department
did not effectively enforce these standards, due to lack of resources.
Lack of detailed, sector-specific health and safety guidelines also
precluded enforcement. Workers had the right to remove themselves from
dangerous situations without jeopardizing their employment; however,
most workers feared losing their jobs if they were to do so.

__________

GABON

Gabon, population approximately 1.4 million, is a republic
dominated by a strong presidency and the Democratic Party of Gabon
(PDG), which has held power since 1968. In August 2009 President Ali
Bongo Ondimba was elected in a poll characterized by international
observers as generally free and fair, although irregularities and post-
election violence occurred. Security forces reported to civilian
authorities.
The following human rights problems were reported: ritualistic
killings; use of excessive force by police; harsh prison conditions and
lengthy pretrial detention; an inefficient judiciary subject to
government influence; restrictions on privacy and press; harassment and
extortion of African immigrants and refugees; widespread government
corruption; violence against women; societal discrimination against
women, noncitizen Africans, Pygmies, and persons with HIV/AIDS; and
trafficking in persons, particularly children.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--Unlike in the
previous year, there were no reports that the Government or its agents
committed arbitrary or unlawful killings.
An inquiry into civilian deaths perpetrated by security force
members following the August 2009 presidential election had not been
released by year's end. The Government claimed four persons were killed
during post-election riots, while l'Union newspaper claimed there were
at least six deaths. Opposition reports claimed security forces were
responsible for a much higher number of civilian deaths.
Ritualistic killings occurred and generally went unpunished.
Authorities condemned the killings; however, no investigations or
arrests were made during the year. The local nongovernmental
organization (NGO) Association to Fight Ritual Crimes (ALCR) reported
that 34 persons were identified as victims of ritual crimes during the
year. The ALCR estimated that at least double that number of ritual
crimes occurred but either were not reported or incorrectly identified.

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

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution and law prohibit such practices,
credible reports persisted that security forces beat prisoners and
detainees to extract confessions.
Unlike in the previous year, there were no reports that security
forces were responsible for injuring civilians while dispersing crowds.
Unconfirmed reports from the African immigrant community asserted
that police and soldiers occasionally beat noncitizen Africans during
operations to round up and deport illegal immigrants. Refugees
continued to complain of harassment and extortion by security forces.
Children were injured and killed by practitioners of ritual crimes
(see section 1.a.).

Prison and Detention Center Conditions.--Prisons were overcrowded,
and conditions were harsh. Food, sanitation, and ventilation were poor,
although basic medical care was provided. Prisons had adequate lighting
and access to potable water; however, there were no air conditioners in
prisons or jails, and temperatures often exceeded 95 degrees
Fahrenheit. On-site nurses provided medical care, and prisoners needing
emergency medical care were transported to hospitals. NGOs, family
members, and private citizens occasionally made contributions to
augment prisoners' poor food rations.
Ten or more prisoners died during the year due to poor hygiene or
malnourishment.
Prison authorities did not keep records, and it was unknown how
many prisoners were being held in the country. Pretrial detainees were
held with convicted prisoners.
Prisoners and detainees were allowed to worship without hindrance,
and Catholic, Protestant, and Muslim services were regularly held in
the prisons. Family visits were permitted in both prisons and jails.
Authorities permitted prisoners and detainees to submit written
complaints to judicial authorities without censorship and to request
investigation of credible allegations of inhumane conditions; however,
no reports were submitted during the year.
The Government investigated and monitored prison and detention
center conditions through an office in the Ministry of Justice. After
visiting Libreville's central prison in November, First Lady Sylvia
Bongo and the minister of justice reported that conditions were harsh;
their findings resulted in the signing of a contract to build a new
modern prison facility.
The Government permitted independent monitoring of prison
conditions by human rights organizations and NGOs. The International
Committee of the Red Cross and the NGO Cri de Femmes visited prisons
during the year.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, the Government did
not always observe these prohibitions.

Role of the Police and Security Apparatus.--The national police,
under the Ministry of Interior, and the gendarmerie, under the Ministry
of Defense, were responsible for domestic law enforcement and public
security. Elements of the armed forces and the Republican Guard, an
elite unit that protects the president, sometimes performed internal
security functions. The Inspector General's Office was responsible for
investigating police abuse. Police were inefficient and corrupt, and
impunity was a problem. Security forces often sought bribes to
supplement their salaries. During the year the Government conducted a
comprehensive review of the police and security forces; however,
results of the review had not been released by year's end.

Arrest Procedures and Treatment While in Detention.--The law
requires arrest warrants based on sufficient evidence and issued by a
duly authorized official; however, security forces frequently
disregarded this provision. The law allows authorities up to 48 hours
to initially detain a suspect without charge, but police often failed
to respect this time limit. Detainees were usually promptly informed of
charges against them; however, authorities often did not file charges
expeditiously. Conditional release was possible after charges had been
announced if further investigation was required. Detainees were allowed
prompt access to family members and a lawyer or, if indigent, to one
provided by the state. There was a functioning bail system.
Members of the security forces continued to stop individuals at
roadblocks under the guise of checking vehicle registration and
identity papers. Security forces frequently used such operations to
extort money.
All persons arbitrarily detained by security forces in Port Gentil
following the 2009 presidential election had been released by year's
end.
The law limits pretrial detention to six months for a misdemeanor
and one year for a felony charge, with six-month extensions if
authorized by the examining magistrate; however, prolonged pretrial
detention was common as a result of overburdened dockets. Approximately
one-third of detainees were held in pretrial detention, which sometimes
lasted up to three years.

e. Denial of Fair Public Trial.--Although the law provides for an
independent judiciary, the judiciary was inefficient and remained
susceptible to government influence. The president appoints and can
dismiss judges through the Ministry of Justice, to which the judiciary
is accountable. Corruption was a problem.
The military court is appointed each year by the Office of the
Presidency and is composed of selected magistrates and military
personnel. The court provides the same basic legal rights as a civilian
court.
Minor disputes may be taken to a local chief, particularly in rural
areas, but the Government did not always recognize such decisions.

Trial Procedures.--The constitution provides the right to a public
trial and to legal counsel, and the Government generally respected
these rights. Nevertheless, a judge may deliver an immediate verdict of
guilt at the initial hearing in a state security trial if the
Government presents sufficient evidence. Defendants are presumed
innocent and have the right to be present. Indigent defendants were
provided an attorney at state expense. Defendants have the right to
confront witnesses against them, present witnesses or evidence on their
behalf, have access to government-held evidence against them through
their lawyer, and appeal. The Government generally respected these
rights, which were extended to all citizens.

Political Prisoners and Detainees.--During the year President Ali
Bongo Ondimba announced the release of 500 nonviolent prisoners
arrested and detained under the previous government, some of whom may
have been arrested for political reasons. With their release, there
were no political prisoners or detainees in the country.
International NGOs have not requested formal visits or reviews of
political prisoners in the last four years, but they were, in
principle, allowed access.

Civil Judicial Procedures and Remedies.--There is an independent
civil judiciary, but it was susceptible to government influence and
corruption. Persons seeking damages for, or cessation of, a human
rights violation could seek relief in the civil court system.
Corruption was also a problem in the enforcement of domestic court
orders. Administrative remedies were not generally available.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions;
however, the Government did not respect these prohibitions in practice.
As part of criminal investigations, police requested and easily
obtained search warrants from judges, sometimes after the fact.
Security forces conducted warrantless searches for illegal
immigrants and criminals, using street stops and identity checks.
Authorities reportedly routinely monitored private telephone
conversations, personal mail, and the movement of citizens.
Unlike in the previous year, the Telecommunications Regulation
Agency (ARTEL) did not impede cell phone texting. In September 2009
ARTEL suspended texting after prominent persons and journalists
reported receiving text messages containing death threats. Texting was
again suspended with no explanation in October 2009 in advance of the
presidential inauguration; the suspension was lifted in November 2009.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and unlike in the previous
year, the Government generally respected these rights. After the June
2009 death of former president Omar Bongo Ondimba, the media engaged in
a more open debate on the country's leaders and its future; however,
some journalists continued to practice occasional self-censorship.
Unlike in the past, when citizens risked losing their jobs if they
criticized the former president, individuals could criticize the
Government, including the president, publicly or privately, without
reprisal.
The only major daily newspapers were the Government-affiliated
l'Union and Gabon Matin. Approximately nine privately owned weekly or
monthly newspapers represented independent views and those of various
political parties, but most appeared irregularly due to financial
constraints, or in some cases, government suspension of their
publication licenses. All newspapers, including l'Union, criticized the
Government and political leaders of all parties. Following the death of
Omar Bongo, privately owned newspapers appeared more regularly.
The Government owned and operated two radio stations that broadcast
throughout the country. Much of their news coverage concerned the
activities of government officials, and editorials sometimes criticized
specific government policies or ministers. Seven privately owned radio
stations were operating at year's end. International radio stations
broadcast locally.
Unlike in the previous year, no journalists were assaulted.
No action was taken in the following 2009 assaults on media
employees: the September assault by opposition supporters on Patrick
Bibang, a reporter at Radio Africa No.1; or the September attacks by
opposition supporters on employees of Radio-Television Nazareth.
The Government owned and operated two television stations. Four
privately owned television stations transmitted 24 hours a day.
Satellite television reception was available.
Unlike in the previous year, the Government did not close media
outlets. On election day in August 2009, authorities cut broadcasts by
TVPlus, a television station owned by opposition presidential candidate
Andre Mba Obame. The following day, masked gunmen opened fire on the
transmitter of the satellite television station Go Africa, which had
been carrying TVPlus content.
Libel can be either a criminal offense or a civil matter. Editors
and authors of libelous articles can be jailed for two to six months
and fined 500,000 to five million CFA francs ($1,040 to $10,400).
Penalties for libel and other offenses also include a one- to three-
month publishing suspension for a first offense and a three- to six-
month suspension for repeat offenses.
On June 7, a court in Libreville convicted Jonas Moulenda, a
reporter with the state-owned daily l'Union, on charges of criminal
defamation and ordered a suspended three-month prison sentence and a
fine of 500,000 CFA francs ($900), according to the Committee to
Protect Journalists (CPJ). The charges were connected with a November
2009 article in which Moulenda accused Alfred Nguia Banda, the former
director of the Gabonese Import/Export Council, of having orchestrated
the killing of Rene Ziza, who was credited with fighting corruption
while in charge of the country's maritime transport agency. According
to the CPJ, Moulenda was being punished for raising questions about
official corruption. The Government claimed that the issue was a
private court case that did not involve governmental influence or
official organs. In September 2009 Moulenda went into hiding after his
house was raided by unknown assailants.
On October 29, CPJ called on the Government to free Jean-Yves
Ntoutoume, editor of the independent bimonthly Le Temps, who was
arrested and detained on October 26 after his newspaper failed to pay
10 million CFA francs ($20,800) in damages to Albert Meye, a former PDG
treasurer. Meye sued the newspaper after it published an article about
Meye's possible involvement in a 2004 armed robbery at PDG
headquarters, which resulted in the death of a courier and the theft of
more than 80 million CFA francs ($166,000). CPJ charged that the heavy
civil damages imposed on Ntoutoume did not appear to be based on any
actual losses suffered by Meye.

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

b. Freedom of Peaceful Assembly and Association.--The constitution
and the law provide for freedom of assembly and association, and unlike
in the previous year, there were no reports that the Government denied
opposition groups permits to demonstrate or forcibly dispersed
demonstrators.

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

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and unlike in the previous year, the Government generally
respected these rights in practice.
The Government cooperated with the UN High Commissioner for
Refugees (UNHCR) and other humanitarian organizations in assisting
refugees and asylum seekers.
There were no legally mandated restrictions on internal movement;
however, the military, police, and gendarmes continued to stop
travelers at random checkpoints to check identity, residence, or
registration documents and to solicit bribes.
Security force members harassed expatriate Africans working legally
as merchants, service sector employees, and manual laborers. Some
members of the security forces extorted bribes by threatening
imprisonment or the confiscation of residency documents. Residency
permits cost 150,000 CFA francs ($312) per year, and first-time
applicants were required to provide the cost of a one-way air ticket to
their country of origin. In principle but usually not in practice, the
Government refunded the cost of the air ticket when the individual
departed the country permanently.
Unlike in the previous year, the Government imposed no restrictions
on the foreign travel of opposition members. In September 2009 after
the riots in Port-Gentil, the minister of interior prevented all
opposition candidates from leaving the country pending an investigation
into post-election violence. The restriction was lifted in October
2009.
The law prohibits forced exile, and the Government did not use it
during the year.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees. In practice
the Government provided protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened
on account of their race, religion, nationality, membership in a
particular social group, or political opinion.
Refugees complained about widespread harassment, extortion, and
detentions by security forces. To reduce such mistreatment, the
Government initiated a program to replace UNHCR-issued identity cards
with government-issued ones. By year's end approximately 90 percent of
refugees in the country who qualified had been issued new cards. Card
holders enjoyed the same rights as citizens, including the right to
work, travel, and access public services. Although the cards--along
with a UNHCR-led information campaign--helped reduce discrimination
against refugees, approximately 3,000 refugees remained without cards
at year's end, either because they could not be reached by government
or UNHCR officials or because they chose not to regularize their status
in the country. During the year a trilateral agreement between the UN
and the Governments of Gabon and the Republic of the Congo to ensure
that refugees can either return home or regularize their status in
Gabon was signed and implemented.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens partially exercised this right in
practice through periodic and generally fair elections.

Elections and Political Participation.--President Ali Bongo Ondimba
was elected in August 2009 with 41 percent of the vote; the president
succeeded his father, former president Omar Bongo, who died in June
2009 after a 41-year rule. The two leading opposition candidates each
received approximately 25 percent of the vote. International observers
characterized the election as largely free and fair; however, the
election was marred by post-election violence, significant restrictions
on human rights, and accusations of political tampering with the
electoral process. Authorities censored news coverage and harassed the
press. Irregularities included problems with voter lists and
registration, polls that opened late, improperly secured ballot boxes,
and armed security personnel in or near voting sites. Numerous
opposition candidates contested the election results, but the
Constitutional Court in October 2009 validated President Bongo
Ondimba's victory.
The Government is dominated by a strong presidency. When the
legislature is not in session, the president can veto legislation,
dissolve the national legislature, call new elections, and issue
decrees that have the force of law. The legislature generally approved
legislation presented by the president, who appoints ministers of
government and heads of parastatal companies.
A single party, the PDG, has remained in power since its creation
by former president Omar Bongo in 1968. Opposition parties routinely
complained of restricted access to the media.
Women held governmental positions from the ministerial level on
down and in all branches. In a 30-member cabinet, there were six women.
The president of the Senate and the head of the Constitutional Court
also were women.
Members of the president's Bateke ethnic group and other
southerners held a disproportionately large number of key positions in
the security forces, although members of all major ethnic groups
continued to occupy prominent government positions. Indigenous Pygmies
rarely participated in the political process.
Section 4. Official Corruption and GovernmentTransparency
The law provides criminal penalties, including fines and
imprisonment, for official corruption; however, officials often engaged
in corrupt practices with impunity. During the year the Government
initiated major reforms to curb corruption. The most recent World Bank
Worldwide Governance Indicators reflected that corruption was a severe
problem.
Among the major anticorruption measures taken by the Government was
an audit, completed in January, of all civil service positions,
including those of the president and cabinet ministers. The audit
resulted in the elimination of 5,600 ``ghost workers,'' government
officials who collected illegal second or third incomes. The audit also
uncovered the use of fake educational credentials to obtain higher pay.
The Commission Against Illegal Enrichment is the primary body
responsible for combating official corruption. During the year the
commission conducted 50 investigations, including 12 cases that started
in 2009; the investigations were ongoing at year's end. During the year
the commission fined a local bank 960,000 CFA francs ($2,000) after an
investigation revealed corrupt practices.
In October 2009 the president recalled and ordered the arrest of
Philibert Andzembe, the governor of the Bank of Central African States,
on corruption charges. The Government arrested two other officials on
the same charges, one of whom remained under house arrest at year's
end; the other official was released with all charges dropped.
Andzembe, who was removed from his position, was awaiting trial at
year's end. The president's chief of staff resigned amid corruption
charges associated with the scandal, although he was eventually cleared
of all charges after a French court, which had jurisdiction, dismissed
the case.
The law provides that civil servants disclose their financial
assets within three months of assuming office to the Commission Against
Illegal Enrichment; however, this requirement was not always followed
due to loopholes in the law. The Government has since eliminated the
loopholes.
The law does not provide for public access to government
information, and the Government generally did not allow such access.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Local human rights NGOs and activists generally operated without
government restriction, investigating and publishing their findings.
Government officials took no known actions on their recommendations.
Local human rights NGOs and their missions included ALCR (ritual
crime), Cri de Femmes (women's rights), EBANDO (pygmy rights), AVOGAB
(women's and orphan's rights), Groupe Consience (victims of sexual
exploitation), and Reseau de Defense des Droits Humains du Gabon (an
association of human rights NGOs).
The Government worked closely and effectively with representatives
from the UN, including the UN Children's Fund (UNICEF) and UNHCR.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Although the constitution and law prohibit discrimination based on
national origin, race, gender, disability, language, or social status,
the Government did not enforce these provisions consistently.

Women.--The law criminalizes rape and provides penalties of between
five and 10 years' imprisonment for convicted rapists; however, rape
cases were seldom prosecuted. The law does not address spousal rape. In
recent years rape was believed to be widespread. During the year,
however, there continued to be a lack of information on the prevalence
of rape. According to the UN Committee on the Elimination of All Forms
of Discrimination against Women, it was difficult to obtain information
on domestic violence against women, including marital rape, in the
country. Discussing rape remained taboo and women often opted not to
report rape out of fear, shame, or submission. Only limited medical and
legal assistance for rape victims was available.
The law prohibits domestic violence; however, it was believed to be
common, especially in rural areas. Penalties for domestic violence
range from two months to 15 years in prison. Police rarely intervened
in such incidents, and women virtually never filed complaints with
civil authorities, although the Government operated a counseling group
to provide support for abuse victims.
There is no law that prohibits sexual harassment, but it was not a
widespread problem. The Government and NGOs reported cases of female
domestic workers (often victims of child trafficking) who were sexually
molested by employers.
The Government recognizes the basic right of couples and
individuals to decide freely the number and spacing of their children
and the nature of the family. In 2009 authorities repealed a
parliamentary decree prohibiting the use of contraceptives; however,
women continued to have difficulty acquiring reliable contraceptives.
Health clinics and local health NGOs operated freely in disseminating
information on the use of contraceptives and family planning.
The Government provided free childbirth services, including
prenatal care and obstetric care. According to local NGOs, such as the
Mouvement Gabonais Pour le Bien Etre Familial, the infant mortality
rate was approximately 99 out of 1,000 births. The maternal mortality
rate was 260 deaths for every 100,000 live births. Men and women
received equal access to diagnosis and treatment for sexually
transmitted infections, including HIV/AIDS.
The law provides that women have rights to equal access in
education, business, investment, employment, credit, and pay for
similar work; however, women continued to face considerable societal
and legal discrimination, especially in rural areas. Women owned
businesses and property, participated in politics, and worked
throughout the Government and in the private sector. The law requires
that a woman obtain her husband's permission to travel abroad, although
this was rarely enforced.

Children.--Citizenship is conferred through one's parents and not
by birth in the country. At least one parent must be a citizen to
transmit citizenship. Registration of all births is mandatory, and
children without birth certificates cannot attend school or participate
in most government-sponsored programs. Many mothers could not obtain
birth certificates for their children due to isolation, poverty, or
lack of understanding of the law.
Education is compulsory and free until age 16, although students
were required to pay for their supplies, including school uniforms. The
country had a shortage of classrooms and teachers, and education was
often unavailable after sixth grade. Unlike in the previous year, there
were no teacher strikes that reduced educational access.
Child abuse occurred. When reports of abuse surfaced, the accused
abusers were generally arrested and tried; however, many such cases
went unreported.
Although illegal, female genital mutilation was believed to occur
among the resident population of noncitizen Africans.
Ritual killings of children, in which limbs and/or genitals were
amputated, occurred. No prosecutions of such cases were conducted
during the year.
The minimum age for consensual sex and marriage is 15 for girls and
18 for boys. Child marriage was rare.
Children under the age of 18 were engaged in prostitution, although
no statistics were available.
The law prohibits lewd pictures and photographs ``against the
morals of society.'' The penalty for possession of pornography includes
possible jail time from six months to one year and/or fines up to
222,000 CFA francs ($462).
Gabon is not a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

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

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

Persons With Disabilities.--There are no laws that prohibit
discrimination against persons with disabilities or provide for access
to buildings or services; however, there were no reports of official
discrimination against persons with disabilities. Societal
discrimination against persons with disabilities occurred, and
employment opportunities and treatment facilities for persons with
disabilities were limited.

Indigenous People.--Pygmies are the earliest known inhabitants of
the country. Small numbers of Pygmies continued to live in large tracts
of rainforest in the northeast. Most Pygmies, however, were relocated
to communities along the major roads during the late colonial and early
post-independence period. The law grants them the same civil rights as
other citizens, but Pygmies remained largely outside of formal
authority, keeping their own traditions, independent communities, and
local decision-making structures. Pygmies suffered societal
discrimination, often lived in extreme poverty, and did not have easy
access to public services. Their Bantu neighbors often exploited their
labor by paying them much less than the minimum wage. Despite their
equal status under the law, Pygmies generally believed they had little
recourse if mistreated by Bantu. There were no specific government
programs or policies to assist Pygmies.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Discrimination and violence
against lesbian, gay, bisexual, and transgender (LGBT) persons was a
problem, and LGBT individuals often kept their status secret from the
community for fear of being harassed or discriminated against.

Other Societal Violence or Discrimination.--There was considerable
discrimination against persons with HIV/AIDS. Local NGOs worked closely
with the Ministry of Health to combat both the associated stigma and
the spread of the disease.
Section 7. Worker Rights

a. The Right of Association.--The law places no restrictions on the
right of association and recognizes the right of citizens to form and
join trade and labor unions; workers exercised these rights in
practice. The small private sector industrial workforce was generally
unionized. Unions must register with the Government to be recognized
officially, and registration was granted routinely.
According to the Ministry of Labor, there were more than 136
unions. The Ministry of Labor estimated there were 40,000 union members
in total, 10,000 in the public sector and 30,000 in the private sector.
The law provides workers the right to strike; however, they may do
so only after eight days' advance notification and only after
arbitration fails. The right of public sector employees to strike was
limited if a strike could jeopardize public safety. The law prohibits
government action against individual strikers who abide by the
notification and arbitration provisions.

b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without government interference, and
the Government protected this right. The law provides for collective
bargaining by industry, not by firm. Collectively bargained agreements
set wages for whole industries. Labor and management met to negotiate
differences, with observers from the Ministry of Labor. Agreements
negotiated by unions also applied to nonunion workers. Unions are
politically active and influential in Gabonese politics.
Discrimination on the basis of union membership is illegal.
Employers who are found guilty by civil courts of having engaged in
such discrimination may be required to compensate employees. Trade
unions in both the public and private sectors often faced
discrimination. Their demands or requests for negotiations were
sometimes ignored or denied. Workers did not face termination due to
trade union activity.
There are no special laws or exemptions from regular labor laws in
the country's two export processing zones.

c. Prohibition of Forced or Compulsory Labor.--Although the law
prohibits forced or compulsory labor, including by children, there
continued to be media reports that farm workers, including some
children on communal farms, and domestic workers, including some
children in private households, were subjected to forced labor,
including conditions of inadequate compensation for their labor and
mandated long hours by employers. Boys were forced to work in local
handicraft workshops while girls were primarily trafficked for forced
domestic servitude, market vending, restaurant labor, and commercial
sexual exploitation. The Ministry of Labor's lack of sufficient
vehicles, budget, and personnel, as well as difficulty in gaining
access to some large communal and family-owned commercial farms and
private households, impeded the ability of labor inspectors to
investigate possible labor code violations, including allegations of
forced labor.
See also the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
Although children below the age of 16 may not work without the
expressed consent of the ministries of labor, education, and public
health, child labor was a serious problem. The law provides for fines
between 290,000 and 480,000 CFA francs ($604 to $1,000) and prison
sentences of up to two years for violations of the minimum age for
work. The ministries rigorously enforced this law in urban areas with
respect to citizen children, and few citizens under the age of 18
worked in the formal wage sector; however, child labor occurred in
rural areas, where the law was seldom enforced. Noncitizen children
were more likely to work in informal or illegal sectors of the economy,
where laws against child labor were less rigorously enforced.
In December the Government undertook a joint operation with
INTERPOL, which resulted in the rescue of 165 children and the arrest
of 38 traffickers from 10 African countries. The children were placed
in reception centers while the Government, UNICEF, and countries of
origin worked on repatriation and prosecution of the traffickers.
An unknown number of children, primarily noncitizens, worked in
marketplaces or performed domestic work; many of these children were
reportedly the victims of child trafficking. Such children generally
did not attend school, received only limited medical attention, and
were often exploited by employers or foster families. In an effort to
curb the problem, the police often fined the parents of children who
were not in school. Laws forbidding child labor covered these children,
but abuses often were not reported.
The constitution and labor code protect children against
exploitation. The Ministry of Justice is responsible for implementing
and enforcing child labor laws and regulations. Inspectors from the
Ministry of Labor are responsible for receiving, investigating, and
addressing child labor complaints. However, violations were not
systematically addressed because the inspection force was inadequate,
and complaints were routinely not investigated. The Government viewed
child labor and child trafficking as closely linked.
During the year the Government worked closely with a foreign
embassy on a media campaign to educate the populace about trafficking
in persons and child labor. In conjunction with the media outreach, the
Government also initiated a door-to-door program to educate citizens in
isolated communities about trafficking and child labor.
See also the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

e. Acceptable Conditions of Work.--The national monthly minimum
wage is 80,000 CFA francs ($166); government workers received an
additional monthly allowance of 20,000 CFA francs ($41) per child.
Government workers also received transportation, housing, and family
benefits. The law does not mandate housing or family benefits for
private sector workers. The minimum wage did not provide a decent
standard of living for a worker and family. The Ministry of Labor was
responsible for enforcing the minimum wage standards and, in general,
it did so effectively.
The labor code governs working conditions and benefits for all
formal sectors and provides a broad range of protection to workers;
however, the Government sometimes did not respect these protections.
There are various minimum wage rates depending on occupation or
industry, but they have not been changed since 1994. There is no
minimum wage applied to the informal sector.
The labor code stipulates a 40-hour workweek with a minimum rest
period of 48 consecutive hours. Employers must compensate workers for
overtime work. According to the labor code and related decrees, the
daily limit can be extended to perform specified preparatory or
complementary work, including work necessary to start machines in a
factory and by supervisors whose presence at the workplace is
indispensable. The additional hours range from 30 minutes to two hours,
depending on the type of work.
The daily limit does not apply to establishments in which work is
performed on a continuous basis and those providing services that
cannot be subject to a daily limit, including in retail, transport,
dock work, hotels and catering, housekeeping, guarding, security,
medical establishments, domestic work, and the press. The daily limit
can be extended for urgent work to prevent or repair accidents.
Overtime compensation varies, as it is determined by collective
agreements or government regulations.
Companies in the formal sector generally paid competitive wages and
granted the fringe benefits required by law, including maternity leave
and six weeks of annual paid vacation.
The Ministry of Health established occupational health and safety
standards but did not enforce or regulate them. The application of
labor standards varied from company to company and between industries.
In the formal sector, workers may remove themselves from dangerous work
situations without fear of retribution.
The Government reportedly did not enforce labor code provisions in
sectors where the majority of the labor force was foreign. Foreign
workers, both documented and undocumented, were obliged to work under
substandard conditions, were dismissed without notice or recourse, and
were often physically mistreated. Employers frequently paid noncitizens
less and required them to work longer hours, often hiring them on a
short-term, casual basis to avoid paying taxes, social security
contributions, and other benefits.

__________

GAMBIA, THE

The Gambia is a multiparty democratic republic with an estimated
population of 1.7 million. In 2006 President Alhaji Yahya Jammeh was
reelected for a third five-year term in an election considered
partially free and fair. President Jammeh's party, the Alliance for
Patriotic Reorientation and Construction (APRC), continued to dominate
the National Assembly after its 2007 elections, which were also
considered partially free and fair. There were instances in which
elements of the security forces acted independently of civilian
control.
Human rights problems included government complicity in the
abduction of citizens; torture and abuse of detainees and prisoners,
including political prisoners; poor prison conditions; arbitrary arrest
and detention of citizens, including incommunicado detention; denial of
due process and prolonged pretrial detention; restrictions on freedom
of speech and press; violence against women and girls, including female
genital mutilation (FGM); forced child marriage; trafficking in
persons; child prostitution; discrimination against homosexual
activity; and child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings during the year.
In March 2009 Dodou Janneh, a police volunteer attached to the
national drug enforcement agency, appealed the 2008 death sentence he
received for the 2007 killing of Sheriff Minteh during a police raid in
Serrekunda; the appeal was before the courts at year's end.
In April 2009 the joint fact-finding team created by the UN and the
Economic Community of West African States (ECOWAS) to investigate the
2005 deaths of more than 50 Ghanaians and other West African nationals
in the country submitted a report of its findings. The report stated
that ``rogue elements'' in the security services were responsible for
the deaths and disappearance of the Ghanaians and recommended that the
Government pay compensation to the Government of Ghana for the killings
and exhume and return the bodies of six Ghanaians found buried in the
Tanji forest. In October 2009 the six bodies were returned to Ghana,
according to Ghanaian media reports. While the Government did not
provide compensation, it paid for exhumation of the bodies and provided
some funds to families of the victims.

b. Disappearance.--There were no reports of politically motivated
disappearances; however, the Government was complicit in the abduction
of citizens suspected of witchcraft.
Between January and June 2009, the BBC and newspaper Foroyaa
carried a series of reports about so-called ``witchdoctors'' from
Guinea, who abducted up to 1,000 villagers in the country during the
same period, held them for several days, and forced them to drink an
herbal concoction that resulted in illness and two deaths. There were
unconfirmed reports that some villagers were subsequently forced to
confess to being witches. According to Amnesty International (AI), the
Guineans were invited into the country after the death of the
president's aunt, which was attributed to witchcraft. Officials in the
police, army, and the president's personal protection guard reportedly
accompanied the Guineans. The Guineans, who were driven around in
government vehicles, also conducted ``cleansing rituals'' in several
government offices in Banjul as well as in several other towns and
villages. In May 2009 in Brefet, President Jammeh said he had to
``bring in witchdoctors to identify and eradicate witches,'' who, he
said, were responsible for underdevelopment in the districts of Foni,
according to the Government newspaper The Gambia Daily.
During an address to the National Assembly in April 2009, the
former attorney general and justice minister denied that journalist
``Chief'' Ebrima Manneh, who was arrested by security forces in 2006
and subsequently disappeared, was in state custody. This was the
Government's first statement regarding the June 2008 ruling by the
ECOWAS Community Court of Justice that Manneh's detention had been
illegal and that the Government should release him and pay compensation
of 2.7 million dalasi ($100,000) to Manneh's family. The ruling
followed a lawsuit filed in 2007 by the Media Foundation for West
Africa (MFWA), based in Ghana. In 2007 Manneh was reportedly sighted
seeking medical treatment under police supervision at a hospital in
Banjul, but his whereabouts remained unknown at year's end. c. Torture
and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution and law prohibit such practices; however, there
were reports that security forces tortured, beat, and mistreated
persons in custody.
On August 5, former inspector general of police Ensa Badjie and
former commander of the military police unit of the army Lieutenant-
Colonel Mam Matarr Secka, who were on trial for corruption, abuse of
office, and drug-related offenses, told their lawyer state security
agents severely tortured them.
There were no developments in the following 2008 cases of torture
and abuse by security forces: the March stabbing of Amadou Sanyang by
members of the police intervention unit; the June torture and beating
of five residents of Lamin Daranka during their arrest and transfer to
Yundum Police Station; and the torture of Abdoulie Faye over an 18-day
period in September by members of the police criminal investigation
division.
In April 2009 former National Assembly member Musa Suso, while
being tried on charges of giving false information to a public officer,
alleged that while serving an earlier prison sentence (from 2000 to
2007) he was denied food and was tied and beaten for three days after a
telephone calling card was discovered in his cell. In December 2009
Suso was acquitted of some of the charges against him, but he was
convicted of others and sentenced to 18 months in prison.
On June 3, former editor in chief of the Independent newspaper,
Musa Saidykhan, testified before the ECOWAS Community Court of Justice
in Abuja in his case against the Government of the Gambia for his
illegal detention and torture in 2006. The case was filed on
Saidykhan's behalf by the MFWA in 2007. Saidykhan, who lives abroad in
self-imposed exile, claimed that security forces applied electric
shocks to his naked body during his 22-day detention; Saidykhan
subsequently was released without charge. In June 2009 the court's
three-member panel rejected the Government's claim that plaintiffs
first had to exhaust legal remedies at the national level before
appealing to ECOWAS. On December 16, the court ruled that Saidykhan was
indeed tortured by state security agents while in detention in 2006.
The three-member panel awarded him damages of 5.4 million dalasi
($200,000).
The indemnity act continued to prevent victims from seeking redress
in torture cases related to official actions taken by military
personnel during military rule from 1994-96. The army requires victims
to file formal complaints with the courts regarding alleged torture
that occurred at other times. However, during the year there were no
known prosecutions in civil or military courts of security force
members accused of mistreating individuals.

Prison and Detention Center Conditions.--Prison conditions were
poor, and cells were overcrowded, damp, and poorly ventilated. Inmates
complained of poor sanitation and food. Unlike in previous years, there
were no reports that guards were reluctant to intervene in fights
between prisoners. Local prisons were overcrowded, and inmates
occasionally slept on the floor. Prior to conviction, detainees were
allowed to receive food from outside, but not after conviction. Medical
facilities in prisons were poor; inmates who fell ill often were taken
to the Royal Victoria Teaching Hospital in Banjul or nearby health
centers for examination and treatment. Water supply was adequate but
lighting in some cells was poor. During the summer months temperatures
are extremely high and there were no ceiling fans to reduce the heat.
Unlike during the prior year, no prisoners at the Mile 2 Central
Prison died during the year as a result of poor food or inadequate
medical care. In March 2009 Benedict Jammeh, former police inspector
general and current director at the National Drug Enforcement Agency
(NDEA), testified at Musa Suso's trial that inmates at Mile 2 Central
Prison were fed tainted meat that resulted in the deaths of several
prisoners; a committee of senior police officers subsequently confirmed
the report. In May 2009 David Colley, the director general of prison
services, testified in the same trial that 23 inmates in 2006 and 40 in
2007 died in prison, primarily as a result of chronic anemia, abdominal
infection, and food poisoning.
Pretrial detainees occasionally were held with convicted prisoners.
At year's end, there were more than 800 inmates in the country's
prisons. Women and men were held in separate wings, as were juveniles
and adults.
There were occasional reports of lawyers' and family members being
denied access to detainees at Mile 2 Central Prison, but generally all
prisoners had access to visitors. Prisoners were free to observe any
religion. Prisoners and detainees who had complaints could transmit
them through their lawyers or relatives, who could take up the
complaints with judicial authorities.
Authorities sometimes investigated credible allegations of inhumane
conditions, as was the case in the reports of prisoners in Mile 2 being
fed tainted beef in 2006. A Prisons Visiting Committee, which comprises
several government agencies, is empowered to monitor detention center
conditions, but it was thought to be inactive during the year.
The Office of the Ombudsman can investigate all reports brought
before it, including bail conditions, pretrial detention, and
confinement of juvenile offenders. However, it is not involved in
negotiating alternatives for suspects facing the law. The Office of the
Ombudsman did not publish findings of any investigations it conducted
during the year.
The Government permitted limited independent monitoring of prison
conditions by some local and international human rights groups and
diplomatic missions; however, neither the media nor the International
Committee of the Red Cross (ICRC) was granted access to detainees or
prisoners during the year.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, there were numerous
instances of police and other security forces arbitrarily arresting and
detaining citizens.

Role of the Police and Security Apparatus.--The armed forces are
responsible for external defense and report to the minister of defense,
a position held by the president. The police, under the interior
minister, are responsible for public security. The National
Intelligence Agency (NIA) is responsible for protecting state security,
collecting intelligence, and conducting covert investigations; it
reports directly to the president. The NIA is not authorized to
investigate police abuses, but during the year, the NIA often assumed
police functions such as detaining and questioning criminal suspects.
Security forces frequently were corrupt and ineffective. On occasion
security forces acted with impunity and defied court orders.
The police human rights and complaints unit receives and addresses
complaints of human rights abuses committed by police officers from
both civilians and other police officers. During the year, the unit
received several complaints, and some police officers faced
disciplinary action as a result.

Arrest Procedures and Treatment While in Detention.--The law
requires that authorities obtain a warrant before arresting a person;
however, in practice individuals often were arrested without a warrant.
Periods of detention generally ranged from a few to 72 hours, the legal
limit after which detainees must be charged or released; however, there
were numerous instances of detention surpassing the 72-hour limit.
Detainees generally were not informed promptly of charges against them.
There was a functioning bail system; however, the courts occasionally
released accused offenders on bail only to have police or other law
enforcement personnel rearrest them as they were leaving the court.
Detainees were not allowed prompt access to a lawyer or family members;
convicted prisoners were generally permitted to meet privately with
their attorneys. Indigent persons accused of murder or manslaughter
were provided a lawyer at public expense.
Military decrees enacted prior to the adoption of the constitution
give the NIA and the interior minister broad powers to detain
individuals indefinitely without charge ``in the interest of national
security.'' These detention decrees were inconsistent with the
constitution, but have not been subject to judicial challenge. The
Government claimed it no longer enforced the decrees; however, there
were numerous detentions during the year that exceeded the 72-hour
limit.
Security forces arbitrarily arrested journalists during the year
(see section 2.a.).
Security forces arbitrarily arrested and detained civilians and
members of the military during the year. For example, on March 5, the
former minister of fisheries and water resources, retired Major
Antouman Saho, was arrested and detained at Mile 2 Central Prison for
several weeks without charge. He was released and rearrested several
times, spending a total of more than four months in detention without
charge, well beyond the 72-hour legal limit. He was finally pardoned by
the president and released without charge in July.
On July 15, eight men accused of plotting to overthrow the
Government were convicted of treason and conspiracy and sentenced to
death. The eight men are former chief of defense staff (CDS) of the
Gambia Armed Forces (GAF) Lieutenant General Lang Tombong Tamba; former
director of operations and training of the GAF Brigadier General Omar
Bun Mbye; the commander of the army unit in the president's home
village, Lieutenant Colonel Kawsu Camara; the head of military
intelligence in the GAF, Major Momodou Lamin Bo Badjie; former deputy
inspector general of police Momodou Gaye; former diplomat Ngorr Secka;
real estate dealer Abdoulie Joof; and businessman Yusuf Ezziden. The
men were arrested in November 2009 but were not charged until March
2010--well beyond the 72-hour legal limit. They were accused of
plotting to overthrow the Government, procuring weapons, and recruiting
and training mercenaries in Guinea-Bissau to help them stage a coup.
They vehemently denied all the charges and filed an appeal, which was
before the Court of Appeal at year's end.
On June 18, former CDS General Tamba and former chief of naval
staff Rear Admiral Sarjo Fofana were charged with concealment of
treason in relation to the foiled coup plot in 2006 masterminded by
former CDS Colonel Ndure Cham. Tamba, who was deputy CDS at the time,
was credited with foiling the plot when he telephoned President Jammeh
in Mauritania to inform him of the plan and mobilized loyal forces to
arrest officers said to be involved.
In December 2009 NIA director Ousman Sowe was dismissed, arrested,
and held incommunicado for several days. There were reports that he was
accused of ``delaying a document of national security interest.'' Sowe
was being held without access to his family or lawyers at year's end.
On May 13, Bakary Gassama, former financial director of the NIA,
was released after more than a year in detention on charges of abuse of
office. He was later appointed as Financial Director at the National
Drug Enforcement Agency (NDEA).
In June 2009 information surfaced on the lengthy incommunicado
detention of four citizens. Kemo Conteh, army Staff Sergeant Sam
Kambai, NIA officer Kebba Seckan, and Samsudeen Jammeh were brought
before a magistrate in Brikama, along with 12 Senegalese nationals from
the southern Casamance region; the four citizens had been held for two
to three years incommunicado on terrorism charges in an unknown
location. Their trial, which began on August 27, continued at year's
end.
Two of the detainees held after the disclosure of the 2006 abortive
coup plot--Alieu Lowe, nephew of the fugitive coup leader, and Abdoulie
Njie--were still being held at Mile 2 Central Prison without charge,
but their families were allowed access to them during the year. The
trial of a third detainee, Hamadi Sowe, who was charged with
concealment of treason, continued at year's end.
Backlogs and inefficiency in the justice system resulted in lengthy
pretrial detention. Approximately 40 inmates in the prison system were
in pretrial detention, and some had been incarcerated for several years
awaiting trial. Several long-term detainees were released without
charge or pardoned during the year.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the courts, particularly at the
lower levels, were corrupt and subject to executive pressure. AI noted
that the presidential power to remove a judge, nominally in
consultation with the Judicial Service Commission (JSC), impeded
judicial independence. During the year the president removed two high
court judges without consulting the JSC.
Judges presiding over ``sensitive'' cases who made decisions not
considered favorable to the Government risked being fired. For example,
on June 8, the president dismissed Chief Justice Abdoukarim Savage
without explanation. In June 2009 the president also terminated the
appointment of Justice Haddy Roche, regarded as an independent thinker
in legal circles; Roche had been dismissed from the bench twice
previously. Several judges were dismissed under similar circumstances
in 2008.
Government and security forces often disregarded court orders to
release suspects and rearrested them to provide the prosecution more
time to prepare its case.
Islamic, or Cadi, courts have jurisdiction over Islamic matters of
marriage, divorce, and inheritance when Muslim parties are involved.
District chiefs preside over local tribunals that administer customary
law at the district level. Cadi courts and district tribunals do not
offer standard legal representation to the parties involved, since
lawyers are not trained in Islamic or customary law. Military tribunals
cannot try civilians.

Trial Procedures.--The constitution and law provide for a fair and
public trial, and the judiciary generally enforced this right, although
frequent delays and missing or unavailable witnesses, judges, and
lawyers often impeded the process. Many cases also were delayed because
of adjournments designed to allow the police or NIA time to continue
their investigations.
Defendants are presumed innocent. Both civilian trials and courts-
martial are held in public, but occasionally closed-court sessions are
held to protect the identity of a witness. No juries are used in the
civilian courts, but court-martial proceedings are presided over by a
judge advocate assisted by a panel of senior military officers.
Defendants can consult with an attorney and have the right to confront
witnesses and evidence against them, present witnesses and evidence on
their own behalf, and appeal judgment to a higher court. Indigent
defendants charged with murder or manslaughter have the right to
attorneys provided at public expense. The law extends the above rights
to all citizens, and no groups were denied these rights during the
year; however, detainees were rarely informed of their rights or the
reasons for their arrest or detention, according to AI.
The judicial system suffered from inefficiency at all levels. Cases
continued to be delayed because the court system was overburdened. To
alleviate the backlog, the Government continued to recruit judges and
magistrates from other commonwealth countries that have similar legal
systems. The attorney general oversees the hiring of foreign judges on
contract. The Government reserves the right not to renew a judge's
contract.
The judicial system recognizes customary, Sharia (Islamic), and
general law. Customary law covers marriage and divorce for non-Muslims,
inheritance, land tenure, tribal and clan leadership, and other
traditional and social relations. Customary law recognizes the rights
of all citizens regardless of age, gender, and religion. It does not
call for discrimination, but women are expected to show respect for
their husbands and children for their parents.
Sharia was employed primarily in Muslim marriage and divorce
matters; it favored men in its provisions. General Law, following the
British model, applied to felonies and misdemeanors and to the formal
business sector.

Political Prisoners and Detainees.--During the year there were
credible reports that the Government held civilians based on their
political views or associations, and some were held incommunicado for
prolonged periods. There were about 20 political prisoners in detention
at year's end.
For example, United Democratic Party (UDP) supporter Kanyiba Kanyi,
who was arrested by men believed to be state security agents and held
without charge shortly before the 2006 presidential elections, remained
in prison at year's end. The Government has not permitted access to
Kanyi by international humanitarian organizations or his lawyer. In
2008 Kanyi's lawyer, who maintained Kanyi was being held by the NIA,
filed an application to force the state to comply with the 2006 high
court rulings to free him. In July 2009 the judge presiding over the
case returned the case file to the Office of the Chief Justice in an
apparent attempt to recuse himself from the trial; the judge provided
no explanation for the return of the case file. Kanyi reportedly was
sighted by a relative in March 2008 at the Royal Victoria Hospital,
where he was being escorted by wardens from Mile 2 Central Prison.
The whereabouts of Chief Ebrima Manneh, who also was arrested
without charge in 2006, remained unknown at year's end. The Government
denied Manneh was in its custody (see section 1.b.).

Civil Judicial Procedures and Remedies.--The high court has
jurisdiction to hear cases for civil and human rights violations,
although it may decline to exercise its powers if it is satisfied that
adequate means of redress are available under other laws. The Indemnity
Act continued to prevent victims from seeking redress in some cases.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, but
the Government did not always respect these prohibitions in practice.
The Government did generally enforce Decree 45, which applies
constitutional safeguards against arbitrary searches and the seizure of
property without due process.
Observers believed the Government monitored citizens engaged in
activities that it deemed objectionable.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the Government limited
these rights by intimidation, detention, and restrictive legislation.
In a July 2009 television interview, President Jammeh warned that
journalists who tarnished the country's image would be ``severely dealt
with.'' Although the independent press practiced self-censorship,
opposition views regularly appeared in the independent press, and there
was frequent criticism of the Government in the private media.
The Government published one newspaper, The Gambia Info. The
privately owned Daily Observer favored the Government in its coverage.
There were seven other independent newspapers, including one published
by an opposition political party that remained highly critical of the
Government. There was one independent biweekly magazine.
One government-owned and nine private radio stations broadcast
throughout the country. During most of the year, the Government-owned
Gambia Radio and Television Services (GRTS) gave limited coverage to
opposition activities. GRTS television rebroadcast CNN, while local
radio stations rebroadcast the BBC, Radio France Internationale, Voice
of America, and other foreign news sources, all of which were also
available via shortwave radio. GRTS television, foreign cable, and
satellite television channels broadcasting independent news coverage
were available in many parts of the country, and the Government allowed
unrestricted access to such networks.
The deterioration of the country's media environment continued
during the year. The Government harassed journalists who wrote articles
it considered inaccurate and investigated cases it considered
sensitive. Several journalists reportedly went into hiding from fear of
government retaliation.
Security forces arbitrarily arrested and detained numerous
journalists during the year. For example, on August 9, The Point
newspaper deputy editor in chief Abba Gibba and reporter Sainey Marenah
were summoned by a high court judge presiding over the trial of former
inspector general of police Ensa Badjie following publication in The
Point of a report headlined ``My Client Was Tortured to Obtain
Statement.'' The article quoted defense lawyer Borry Touray as saying
in court that his client had told him he was tortured severely by his
interrogators before they took his ``voluntary'' statement. Justice
Emmanuel Amadi questioned the journalists over the source of the
article, saying no such statement was made in court. However, Touray
immediately came to their defense, saying he indeed made the statement
in court. They were released immediately.
In February 2009 Pap Saine, coproprietor and managing editor of The
Point, was arrested and subsequently charged with publishing false
information; Saine reported on the transfer of diplomat Lamin Sabi
Sanyang from NIA headquarters to Mile 2 Central Prison and on the
appointment of former minister Neneh Macdouall-Gaye to an
ambassadorship. The high court withdrew the charge in July.
In March 2009 police arrested Halifa Sallah, a former presidential
candidate and the publisher of the newspaper Foroyaa, for allegedly
trying to incite citizens to challenge ``a lawful order of the
president to screen witches''; Sallah had criticized the Government-
backed abduction of alleged witches during the year (see section 1.b.).
In March 2009 the director of public prosecution announced that all
charges were dropped ``in the interest of peace and justice.''
In June 2009 seven journalists were arrested for their role in the
publication of a statement by the Gambia Press Union (GPU) responding
to remarks by President Jammeh on the 2004 killing of newspaper
publisher Deyda Hydara; the GPU characterized the president's remarks
as un-Islamic, inappropriate, and provocative. They added that such
statements would not exonerate the Government from involvement in the
killing. In June 2009 the court charged the journalists with three
counts of sedition and seditious publication. In July 2009 the court
discharged one of the journalists for lack of evidence. On August 5,
the remaining six journalists were convicted on all six counts and
sentenced to two years in prison plus a fine of one million dalasi
($35,714); failure to pay the fine would result in an additional two
years' imprisonment. On September 3, the six journalists were released
following a pardon by President Jammeh, who said the gesture was in
honor of the Muslim month of Ramadan.
In June 2009 reporter Augustine Kanjia of The Point was arrested at
Kanifing court for allegedly taking pictures of the six journalists
charged with sedition and defamation. He was released on bail after
spending two days in detention and thereafter left the country.
In August 2009 authorities arrested Abdoulie John, the deputy
editor in chief and French language columnist of the progovernment
Daily Observer, on charges of refusing to recognize the appointment of
a new managing director of the paper. John was cautioned and released
without charge on the same day.
The trial of Today proprietor and editor Abdul Hamid Adiamoh,
arrested in 2008 following the publication of a story about
schoolchildren who skipped classes to salvage scrap metal, continued at
year's end; he was charged with publication with seditious intent.
Political activist Fatou Jaw Manneh, a foreign-based Gambian
journalist who was convicted in 2008 of sedition, departed the country
after her family paid the 250,000 dalasi ($9,260) fine.
Foreign missionaries David and Rachel Fulton, who in 2008 pled
guilty in a magistrate court in Banjul to advocating the violent
overthrow of the Government, were released from prison during the
course of the year after serving a year's sentence in Mile 2 Central
Prison. They also paid a fine of 250,000 dalasi ($9,260) each. Both
returned to the United Kingdom. The Fultons were arrested in 2008 for
publishing ``negative articles'' and sending ``negative letters'' about
the country and its government to individuals and organizations.
In some cases journalists from certain independent newspapers were
denied access to state-sponsored events and press conferences due to
official disapproval of their editorial stances.

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

b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
Government generally respected these rights in practice. However,
police sometimes refused to issue permits to opposition parties wishing
to hold political rallies.
The opposition UDP reported that police did not issue permits for a
July 2009 meeting in Serrekunda or an August 2009 meeting in Bakau; the
August meeting, however, proceeded without police permission.
For example, on April 1, leading opposition activist Femi Peters
was sentenced to one year in prison and fined 10,000 dalasi ($360) for
organizing a political rally and using a loudspeaker without a police
permit as required under the Public Order Act. Peters, who was the
campaign manager of the UDP, was arrested in October 2009 after the UDP
held a rally in Serrekunda without prior police authorization. The
opposition said the police were using the issue of a permit to stifle
their legitimate right to hold meetings. Peters appealed his
conviction; it was dismissed by the court of appeal on August 5.

c. Freedom of Religion.--For a discussion of religious freedom, see
the Department of State's 2010 International Religious Freedom Report
at http://www.state.gov/g/drl/rls/irf/2010/index.htm.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, but allow for ``reasonable restrictions.'' Restrictions
were imposed on foreign travel for many persons released from
detention, often because their travel documents were temporarily
confiscated at the time of their arrest or soon afterwards. As a rule,
all government employees were required to obtain permission from the
office of the president before traveling abroad.
The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
to assist internally displaced persons, refugees, asylum seekers,
stateless persons, and other persons of concern. The UNHCR coordinated
government efforts with the International Organization for Migration,
the Gambia Red Cross Society, and other agencies to provide this
protection and assistance.
The law prohibits forced exile, and the Government did not use it.

Protection of Refugees.--Neither the constitution nor the law
provides for the granting of asylum or refugee status, but the
Government has established a system for providing such protection to
refugees and granted refugee status during the year. In practice the
Government provided protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened.
In 2008, consistent with international agreements, the UNHCR
terminated the refugee status of Sierra Leoneans who fled during that
country's civil war. During the year, the Government and UNHCR provided
local integration opportunities to the remaining 130 Sierra Leoneans in
the country. In 2009 the Government also facilitated the voluntary
repatriation of 27 Liberian refugees, and another 15 refugees in 2010,
leaving an estimated 585 others in the country at year's end.
UNHCR reported 9,100 refugees in the country, of whom approximately
8,300 are Senegalese who fled the Casamance conflict in Senegal. UNHCR
provided assistance with basic needs and services and implemented
livelihood programs. The country also hosted smaller numbers of
refugees from Liberia, Cote d'Ivoire, Togo, and the Democratic Republic
of Congo.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic elections held on the basis of universal suffrage.

Elections and Political Participation.--In 2006 Alhaji Yahya Jammeh
was reelected to a third term as president, winning approximately 67
percent of the vote. The main opposition political party, the UDP,
challenged the election results; however, the courts upheld the
results. In the 2007 National Assembly elections, the ruling APRC won
42 of the 48 elected seats, and President Jammeh appointed five
nominated members, including the speaker. The presidential and National
Assembly elections were declared partially free and fair;
irregularities included underage voting, voting by noncitizens, and
biased media coverage.
Individuals representing political parties or running as
independents could freely declare their candidacy, if their nominations
were approved according to the rules of the independent electoral
commission.
Political parties generally operated without restriction; however,
police sometimes refused to issue permits for opposition parties to
hold public meetings (see section 2.b.).
There were four women in the 53-seat National Assembly; two were
elected and two were nominated by the president. At year's end, there
were three women in the 16-member cabinet, including the vice
president.
No statistics were available on the percentage of minorities
included in the legislature or the cabinet. However, President Jammeh
and many members of his administration are from the previously
marginalized minority Jola ethnic group.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively. The
World Bank's Worldwide Governance Indicators reflected that corruption
was a serious problem.
The president spoke against corruption on numerous occasions during
the year, and on July 22 formally enunciated a policy of ``zero
tolerance for drugs and corruption.'' The financial intelligence unit,
which was established in 2009, is responsible for combating corruption.
During the year the Government prosecuted several senior police,
military, and civilian officials for corruption. For example, on March
2, former inspector general of police Ensa Badjie, former commander of
the military police unit of the army Lieutenant-Colonel Mam Matarr
Secka, and Major Kuluteh Manneh were dismissed from their positions;
they had been detained on numerous criminal charges including
corruption, abuse of office, involvement in drug related crimes and
armed robbery. Their trial continued at year's end.
On March 5, another group of four senior officers from the NDEA,
including Director General Ebrahim Bun Sanneh; his deputy, Karamo
Bojang; and former director of operations Ousman Sanneh, were dismissed
and charged with drug-related offenses, corruption, and abuse of
office. Their trial continued at year's end.
In November 2009 Lieutenant Colonel Gibril Bojang, former commander
of the presidential guard, was convicted on charges of theft and
sentenced to two years' imprisonment and a fine of 1,110,086 dalasis
($41,100). Bojang, who pled as charged, said the money was not used for
personal gain but for the welfare of his unit.
In November 2009 six judiciary officials, including judicial
secretary Haruna Jaiteh and high court judges Nguie Mboob-Janneh, Amie
Saho-Ceesay, and Saffie Njie, were suspended without pay due to
allegations of embezzlement of court fines, forfeitures, and auctions.
The officials, who also included junior clerks Pa Modou Njie and
Momodou L. Sonko, were charged with embezzlement totaling 4,232,000
dalasis ($157,000). The trial continued at year's end.
Public officials were subject to financial disclosure laws.
The constitution and law do not provide for public access to
government information. Under the official secrets act, civil servants
are not allowed to divulge information about their departments or to
speak to the press without prior clearance from their department heads.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were somewhat cooperative and responsive to their views. Some members
of domestic human rights groups reportedly practiced self-censorship in
matters related to the Government. Several groups expressed concern
over detainees held incommunicado, but the Government did not respond.
The Government allowed visits during the year by the UN and other
international governmental organizations, such as ECOWAS and the
Commonwealth Secretariat; however, the Government offered no response
to reports issued after the visits. The Government denied prison access
to the ICRC during the year.
The Office of the Ombudsman operated a national human rights unit
(NHRU) to promote and protect human rights and to support vulnerable
groups. The office was established by the Government and receives
government funding. During the year the unit received complaints
regarding unlawful dismissals, termination of employment, unfair
treatment, and illegal arrest and detention.
On October 3, two prominent gender activists and anti-FGM
campaigners were arrested and charged with stealing 30,000 euros
($40,200) granted by the Spanish nongovernmental organization (NGO)
Yolocamba Solidaridad. Dr. Isatou Touray, Executive Director of the NGO
Gambia Committee on Traditional Practices Affecting the Lives and
Circumstances of Women and Children (GAMCOTRAP), and the agency's
Program Coordinator, Mrs. Amie Bojang Sissoho, were denied bail and
spent eight days in prison custody before their trial could proceed.
The charges of theft were reportedly based on the findings of an
investigation panel that looked into GAMCOTRAP's management of the
Yolocamba grant. A previous panel set up by the Office of the President
in May concluded that the allegations of mismanagement were unfounded.
A number of women circumcisers who worked with GAMCOTRAP in its
campaign to end FGM were brought in by the authorities to testify. The
case was still before the courts at year's end.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, religion,
gender, disability, language, or social status, and the Government
generally enforced these prohibitions.

Women.--The law prohibits rape, but the problem remained despite
the stiff penalties imposed by the Government. The penalty for rape of
an adult is life in prison, and the maximum penalty for attempted rape
is seven years' imprisonment.
No statistics are available on the number of rape cases but all
incidents reported to the police were diligently prosecuted and in the
majority of cases the culprits were convicted. About 10 rape cases were
brought to the courts during the year. The law against spousal rape was
difficult to enforce effectively, as many did not consider spousal rape
a crime and failed to report it.
Domestic violence, including spousal abuse, was a widespread
problem; however, it was underreported due to the stigma surrounding
such violence. There was no law prohibiting domestic violence; however,
cases of domestic violence could be prosecuted under laws prohibiting
rape, spousal rape, and assault. There have been no prosecutions
because cases of domestic violence are often settled through counseling
and dialogue with family elders. There are no shelters or hotlines for
victims. One of the leading women's rights NGOs in the country,
GAMCOTRAP, has included gender-based violence in its training modules
for combating FGM. Police generally considered reports of spousal rape
to be domestic issues outside of their jurisdiction.
Prostitution is illegal; however, it was a major problem,
particularly in tourist areas. Women were forcibly trafficked for
commercial sexual exploitation. The tourism offenses act prohibits sex
tourism, which reportedly increased significantly during the year.
The law prohibits sexual harassment and provides for a one-year
mandatory prison sentence for offenders; however, sexual harassment
remained a problem, although no cases were reported during the year.
The Government did not interfere with the basic right of couples
and individuals to decide freely and responsibly the number, spacing,
and timing of their children, and to have the information and means to
do so free from discrimination, coercion, and violence. Couples and
individuals had access to contraception and skilled attendance during
childbirth, including essential obstetric and postpartum care. Women
were equally diagnosed and treated for sexually transmitted infections,
including HIV. The maternal mortality rate in 2008 was 281 per 100,000
live births.
During the year the national reproductive and child health unit of
the department of health and social welfare continued to implement a
reproductive health campaign launched in 2007. The campaign, which was
funded by the World Health Organization, was designed to encourage men
to become involved with sexual and reproductive health issues. All
maternal health care services were provided free of charge in
government-run hospitals.
Traditional views of women's roles resulted in limited societal
discrimination in education; however, employment in the formal sector
was open to women at the same salary rates as men. No statutory
discrimination existed in other kinds of employment, access to credit,
or owning and managing a business; however, limited societal
discrimination still lingers, and women generally were employed in such
pursuits as food vending or subsistence farming. Women's ability to own
land was hampered by their low earning power rather than any
traditional or cultural practices that prohibit such ownership. Women
who own land have the same opportunities to access loans or credit as
long as they are willing to offer such property as collateral.
Sharia is applied in marriage, divorce, and inheritance cases for
Muslims, who make up more than 90 percent of the population. Women
normally received a lower proportion of assets distributed through
inheritance than males. The churches concerned and the office of the
attorney general settled Christian and civil marriage and divorce
issues.
Marriages often were arranged and, depending on the ethnic group,
polygyny was practiced. Women in polygynous unions had problems with
property and other rights arising from the marriage. They also had the
option to divorce, but no legal right to disapprove or be notified in
advance of subsequent marriages by their husbands. The women's bureau
under the Office of the Vice President oversees programs to ensure the
legal rights of women. Active women's rights groups existed.

Children.--Citizenship is derived by birth within the country's
territory and from one's parents; however, not all births were
registered. To access health care and treatment at public health
centers, children were required to have a clinic card, which was
available without birth registration. Birth certificates are often
required at enrollment in schools, but they could easily be obtained.
The constitution and law mandate free, compulsory primary education
from ages six to 12, but the inadequate infrastructure prevented
effective compulsory education, and children paid fees to attend
school. During the year the Government estimated that 75 percent of
children were enrolled in primary schools. Another 15 percent were
enrolled in Islamic schools, called madrassas. Girls constituted
approximately 51 percent of primary school students and an estimated
one-third of high school students. The enrollment of girls was low in
rural areas, where poverty and cultural factors often led parents to
decide against sending their daughters to school. As part of the
Government's ongoing initiative to increase the numbers of girls in
school, the Government continued a countrywide program to pay basic
school fees for all girls; however, in many regions, both girls and
boys were still required to pay for books, lunch, school fund
contributions, and exam fees.
The penalty for raping a minor, as with adults, is life
imprisonment. However, because of the difficulty of proving rape of
minors, particularly very young children, the charge is mostly
defilement or having carnal knowledge, both of which carry a prison
sentence of 14 years. There were two convictions for rape of a minor
during the year: Nfamara Saidykhan and Omar Kittan were both sentenced
to life imprisonment. There were several other convictions for
defilement or having carnal knowledge of a minor: Samba Baldeh,
sentenced to 25 years; Abdoulie Bahoum, sentenced to 14 years and
ordered to pay compensation of one million dalasi ($35,714) to the
victim; Musa Ceesay, sentenced to 14 years and ordered to pay 100,000
dalasi ($3,571) compensation; and Davidson Jones and Landing Mboob,
both sentenced to 14 years. In Mboob's case, his accomplice, Mansour
Manneh, was also sent to prison for 14 years for aiding and abetting a
rapist. In August 2009 Musa Sarr was sentenced to life imprisonment for
raping a girl.
Authorities generally enforced laws when cases of child abuse or
mistreatment were brought to their attention. Carnal knowledge of a
girl under the age of 16 is a felony except in the case of marriage,
which can be as early as 12 years of age. Incest also is illegal.
Serious cases of abuse and violence against children were subject to
criminal penalties.
In March 2009 Anthony Michael Dobson, a 61-year-old New Zealand
national, was convicted of child pornography and sentenced to one year
in prison. Dobson was arrested in 2008 and charged with child
pornography and defilement of a girl under the age of 16; he was
acquitted of the defilement charge. His Gambian accomplice, who was
standing trial for procurement, was also acquitted.
Peter Paul Hornberger, a German national who was arrested in 2008
for ``indecent assault'' on an 11-year-old boy, remained in prison
awaiting sentencing at year's end.
The law does not prohibit female genital mutilation (FGM), and the
practice remained widespread. A survey by the United Nations Children's
Fund conducted in 2005/06 found that approximately 78 percent of girls
and women have undergone FGM, and seven of the nine major ethnic groups
reportedly practiced it at ages varying from shortly after birth until
age 16. FGM was less frequent among educated and urban groups. Some
religious leaders publicly defended the practice. There were reports of
health complications, including deaths, associated with FGM; however,
no accurate statistics were available. Several NGOs conducted public
education programs to discourage the practice and spoke out against FGM
in the media.
In 2009 more than 30 National Assembly members attended a seminar
organized by GAMCOTRAP on the harmful effects of FGM. GAMCOTRAP was
campaigning for a law banning FGM.
In May 2009 Vice President Isatou Njie-Saidy chaired an
international conference calling for an end to FGM.
There are no laws against forced marriage, and in many villages,
especially Bajakunda, young girls were forced to marry at a young age.
Children in prostitution worked in some brothels, often to support
their families or because they were orphans. The tourist industry
stimulated a high level of child prostitution without third party
involvement. Children were also trafficked for forced commercial sexual
exploitation. Some NGOs also believed that tourists living in remote
guesthouses and motels were involved in the sexual exploitation of
children. Security forces in the tourism development area were
instructed to turn away all minors who approached the main resort areas
without an acceptable reason, although they seldom turned away such
children.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international child abduction, please see the Department of State's
annual Report on Compliance with the Hague Convention on the Civil
Aspects of International Child Abduction at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

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

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

Persons With Disabilities.--The constitution protects persons with
disabilities--specifically stating ``disabled or handicapped''
persons--against exploitation and discrimination, in particular as
regards access to health services, education, and employment. The law
also provides that in any judicial proceedings in which a disabled
person is a party, the procedure shall take into account his or her
condition. The Department of Social Welfare is responsible for ensuring
that persons with disabilities are not denied these rights. There were
no reports of persons with disabilities being involved in any judicial
proceedings. The department also worked with international donors to
supply wheelchairs to some persons with disabilities. However, there
was some societal discrimination. Persons with severe disabilities
subsisted primarily through private charity. Persons with less severe
disabilities were accepted fully in society, and they encountered
little discrimination in employment for which they were physically
capable. There were no laws to ensure access to buildings for persons
with disabilities, and very few buildings in the country were
accessible to them. The Department of Social Welfare worked with the
Gambia Organization for the Visually Impaired and the School for the
Deaf and Blind to help educate handicapped children and to promote
relevant skills. There are no laws or specific programs to ensure that
persons with disabilities have access to information and
communications.
On June 18, police arrested an unknown number of beggars and
mentally disabled persons loitering the streets of Banjul. They were
loaded onto a police truck and driven away. The Government issued no
statement; the action is assumed to be a continuation of the
Government's efforts to end street begging, which it views as a public
nuisance. Leaders of the Gambia Federation of the Disabled urged
authorities to review their policy regarding persons with disabilities.
They were instrumental in obtaining the release of several detained
beggars with disabilities.
The media continued to report on the rights of persons with
disabilities, and several NGOs sought to improve awareness of these
rights, including by encouraging the participation of persons with
disabilities in sports and physical activities. The NHRU specifically
sought to promote the rights of women with disabilities. Persons with
disabilities were given priority access to polling booths on election
days.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law establishes prison
terms ranging from five to 14 years for any male that commits in public
or private any act of gross indecency, procures another male, or has
actual sexual contact with another male; however, to date, no one has
been prosecuted. There is no similar law targeting women. Many citizens
shunned lesbian, gay, bisexual, and transgender (LGBT) individuals.
In a March 2009 speech before the National Assembly, President
Jammeh called homosexual conduct ``strange behavior that even God will
not tolerate.'' The president previously described homosexual conduct
as a criminal practice and told police to arrest persons practicing
homosexual activity and to close motels and hotels that accommodated
them. In 2008 the president ordered all LGBT persons to leave the
country within 24 hours and threatened to cut off their heads. Despite
this statement, there were no reported incidents of physical violence
against LGBT individuals. There were no LGBT organizations in the
country.
There is strong societal discrimination against LGBT individuals,
but officially there are no laws that deny such individuals access to
citizenship, employment, housing, education, or healthcare.

Other Societal Violence or Discrimination.--Societal discrimination
against persons infected with HIV/AIDS hindered disclosure and resulted
in rejection by partners and relatives. The Government took a
multisectoral approach to fighting HIV/AIDS through its national
strategic plan, which provided for care, treatment, and support to
persons living with or affected by HIV/AIDS. The plan also protected
the rights of those at risk of infection. In 2007 the national AIDS
secretariat collaborated with the Chamber of Commerce and Industry to
develop a business coalition response to HIV/AIDS, using workplace
policies to destigmatize it and allow workers to feel comfortable
seeking information. Public discourse about HIV/AIDS continued during
the year as President Jammeh continued his controversial herbal
treatment program for the disease. Throughout the year the Ministry of
Health urged persons to undergo voluntary HIV/AIDS counseling and
testing.
Section 7. Worker Rights

a. The Right of Association.--The law provides that workers are
free to form associations, including trade unions, without previous
authorization or excessive requirements, and workers exercised this
right in practice. Military personnel, police officers, and other civil
service employees are prohibited from forming unions. Unions must
register to be recognized, but there were no cases in which
registration was denied to a union that applied. Approximately 20
percent of the work force was employed in the formal wage sector, where
unions were most active.
The law allows the right to strike; however, the Government
interfered with unions' right to strike. The Government places
restrictions on the right by requiring unions to give the commissioner
of labor written notice 14 days before beginning an industrial action
(28 days for essential services). The law specifically prohibits
military personnel, police officers, and other civil service employees
from striking. Police and military personnel had access to a complaints
unit, and civil servants could take their complaints to the public
service commission or the personnel management office.

b. The Right to Organize and Bargain Collectively.--The law permits
unions to conduct their activities without interference. Unions were
able to negotiate without government interference; however, in practice
they lacked experience, organization, and professionalism and often
turned to the Government for assistance in negotiations. The law allows
workers to organize and bargain collectively, and although trade unions
were small and fragmented, collective bargaining took place. Union
members' wages, which generally exceeded legal minimums, were
determined by collective bargaining, arbitration, or agreements reached
between unions and management. Most collective agreements are
registered with the Department of Labor and remain valid for a period
of three years before being renewed. The law also sets minimum contract
standards for hiring, training, and terms of employment and provides
that contracts may not prohibit union membership.
An employer may apply to a court for an injunction to prohibit
industrial action that is deemed to be in pursuit of a political
objective. The court also may forbid action judged to be in breach of a
collectively agreed procedure for settlement of industrial disputes.
The law prohibits retribution against strikers who comply with the law
regulating strikes.
Employers may not fire or discriminate against members of
registered unions for engaging in legal union activities, and the
Government intervened to assist workers whose employers fired them or
discriminated against them.
There is a government-established export processing zone (EPZ) at
the port of Banjul and the adjacent bonded warehouses. There are no
special laws or exemptions from regular labor laws in the EPZ.

c. Prohibition of Forced or Compulsory Labor.--The constitution and
law prohibit forced or compulsory labor, including by children;
however, there were reports that forced labor occurred (see section 6).
See also the Department of State's annual Trafficking in Persons Report
at http://www.state.gov/g/tip

d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor was a problem, although the constitution prohibits economic
exploitation of children under 16 years of age, and the law prohibits
exploitative labor or hazardous employment of children under the age of
18. The Children's Act also sets the minimum age for light work at 16
years and for apprenticeship in the informal sector at 12 years. Most
children completed their formal education by the age of 14 and then
began work. Child labor protection does not extend to the performance
of customary chores on family farms or petty trading. Child labor in
informal sectors is difficult to regulate, and laws implicitly apply
only to the formal sector. Rising school fees prohibited many families
from sending their children to school, resulting in an increase in
child labor. In urban areas some children worked as street vendors, or
taxi and bus assistants. There were a few instances of children begging
on the street. Other sectors where children between the ages of 14 and
17 were known to work include carpentry, masonry, plumbing, tailoring,
and auto repair. Children in rural areas worked on family farms. Unlike
in previous years, there were almost no reports of Koranic students,
known as ``almudus,'' being forced to beg in the streets; teachers who
demanded this type of behavior were usually summoned by police and
ordered to stop. Children between these ages were also involved in
street vending and served as housemaids.
The Department of Labor is responsible for enforcing child labor
laws and conventions on the worst forms of child labor. Employee labor
cards, which include a person's age, were registered with the labor
commissioner, who was authorized to enforce child labor laws; however,
enforcement inspections rarely took place. The law incorporates
International Labor Organization provisions outlawing child
prostitution and pornography. There were no specific actions by the
Government to prevent or combat child labor during the year.

e. Acceptable Conditions of Work.--The lowest national minimum wage
according to law was 19.55 dalasi ($0.72) per day for unskilled labor,
but in practice the minimum wage was 50 dalasi ($1.85) per day. The
national minimum wage did not provide a decent standard of living for a
worker and family. The minimum wage law covered only 20 percent of the
labor force, essentially those in the formal economic sector, although
most such laborers were paid above the minimum wage. Minimum wage laws
also covered foreign and migrant workers. A majority of workers were
employed privately or were self-employed, often in agriculture. Most
citizens did not live on a single worker's earnings and shared
resources within extended families. The Department of Labor is
responsible for enforcing the minimum wage, and it did so when cases of
underpayment were brought to its attention.
The basic legal workweek is 48 hours within a period not to exceed
six consecutive days. Nationwide, the workweek included four eight-hour
workdays and two four-hour workdays (Friday and Saturday). There are no
limits on hours worked per week and no prohibition of excessive
compulsory overtime. A 30-minute lunch break is mandated. Government
employees are entitled to one month of paid annual leave after one year
of service. Most government employees were not paid overtime. However,
government workers holding temporary positions and private sector
workers received overtime pay calculated per hour. Private sector
employees received between 14 and 30 days of paid annual leave,
depending on length of service. There was no exception for foreign or
migrant workers.
The law specifies the safety equipment that an employer must
provide to employees working in designated occupations. The law also
authorizes the Department of Labor to regulate factory health and
safety, accident prevention, and dangerous trades, and to appoint
inspectors to ensure compliance with safety standards. Enforcement was
inconsistent due to insufficient and inadequately trained staff.
Workers may demand protective equipment and clothing for hazardous
workplaces and have recourse to the labor department. The law provides
that workers may refuse to work in dangerous situations without risking
loss of employment; however, in practice authorities did not
effectively enforce this right.
The law protects foreign workers employed by the Government;
however, it only provides protection for privately employed foreigners
if they have a currently valid work permit. On April 3, the National
Assembly passed an amendment to the payroll tax act which requires that
employers not hire noncitizens in excess of 20 percent of their
workforce except in the specialized professional category. The move was
designed to encourage employers to train and employ more local
citizens.

__________

GHANA

Ghana, with a population of 24 million, is a constitutional
democracy with a strong presidency and a unicameral 230-seat
parliament. In 2008 the opposition National Democratic Congress (NDC)
won both the presidency and a small majority in parliament in an
election deemed generally free and fair by domestic and international
observers; John Evans Atta Mills was inaugurated president in January
2009. There were instances in which elements of the security forces
acted independently of government authorities.
Human rights problems included the following: use of excessive
force by police, which resulted in deaths and injuries; ethnic killings
and vigilante violence; harsh and life-threatening prison conditions;
police impunity; prolonged pretrial detention; arbitrary arrest of
journalists; corruption in all branches of government; violence against
women and children, including female genital mutilation (FGM); societal
discrimination against women, persons with disabilities, gays and
lesbians, and persons with HIV/AIDS; trafficking in women and children;
ethnic discrimination and politically motivated violence; and child
labor, including forced child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed politically
motivated killings; however, use of excessive force by security forces
resulted in the deaths of several armed criminal suspects and other
persons during the year.
On April 28, an inmate in Koforidua Prison, Eastern Region, died en
route to the hospital. According to the Criminal Records Office at the
Ghana Prisons Service, the inmate died of illness; however, one local
newspaper charged that the prisoner died from injuries inflicted during
torture. No postmortem exam was conducted because the Ghana Police
Service (GPS) denied requests by hospital staff to conduct one,
alleging that the staff had not followed proper procedures to request a
postmortem.
Ethnic violence resulted in deaths. For example, on January 23,
three persons were killed in clashes between Fulani herdsmen and
residents in Aboboa, a farming community in the Atebubu Amantin
district of Brong-Ahafo Region. Authorities arrested six suspects in
the neighboring village of Duabone. The suspects remained in prison,
and an investigation continued at year's end.
Chieftaincy disputes, which frequently resulted from a lack of
clear succession, competing claims over lands and other natural
resources, and internal rivalries and feuds continued to result in
deaths, injuries, and destruction of property.
On January 31, one person was killed, and 36 houses and a medical
facility were burned following the installation of a rival chief in
Tema, a village in the Bunkpurugu-Yunyoo district of the Northern
Region. On March 7, in the same region, three persons were killed and
101 houses were burned during a renewed dispute between sympathizers of
the newly appointed chief and community leaders. Police and military
personnel were called to restore order. In April two persons were
killed in renewed ethnic clashes in the region.
On March 5, in Tuobodom, Brong-Ahafo Region, three persons were
killed and more than 500 persons displaced because of fighting between
ethnic factions after the kidnapping of a rival chief. Eight persons
were arrested in connection with the incident. An investigation
conducted by the Criminal Investigations Division (CID) continued at
year's end.
On March 22, a newly appointed chief in Garihegu, Northern Region,
was attacked and killed by unidentified assailants while riding his
motorbike to a nearby village. The assailants allegedly tortured the
chief to death, ignited his motorbike, and placed the burning motorbike
on top of him. Five persons were arrested and awaiting trial at year's
end.
On March 22, in Dankyira, Greater Accra Region, a clash between
supporters of two rival chiefs resulted in three deaths. Police
arrested 10 suspects, and the trial continued at year's end.
Throughout the year an ongoing chieftaincy and ethnic dispute in
Bawku, Upper East Region, resulted in an estimated five deaths; a
polling station chairman of the opposition New Patriotic Party (NPP)
was among the dead. Military and police personnel were deployed to the
region, and the municipality remained under a curfew that was imposed
several years ago. The violence occurred despite the establishment in
February of a military barracks in the Binduri constituency of Bawku to
assist with peacekeeping efforts.
There were no developments in the following 2009 societal or ethnic
killings: the February killings of two persons in the Northern Region
as a result of a land dispute between rival clans; the February killing
of one person over ownership of a parcel of land; the July death of one
arsonist in a chieftaincy dispute in the Volta Region; and the August
deaths of two men and the September deaths of three other persons as a
result of clashes between rival ethnic groups in the Agbogbloshie
section of Accra.
Vigilante and societal violence continued to result in deaths
during the year. Police took action in cases in which perpetrators were
identified; however, witnesses were often reluctant to come forward,
and many cases remained unsolved.
On January 19, a mob lynched a suspected thief in Ashaiman, Greater
Accra Region.
In February a 21-year-old student was lynched in Birim central
municipality, Eastern Region, by a mob that suspected his involvement
in two alleged ritual killings in the area.
On April 11, two suspected armed robbers were lynched by a mob in
Sakaman, Greater Accra Region.
On June 11, a man was lynched by a group of unidentified students
at the University of Cape Coast, Central Region, for alleged theft. An
investigation conducted by the Cape Coast Metropolitan Police continued
at year's end.
At year's end there was no new information in the following 2009
cases of vigilante violence: the March beating death in Accra of a man
who allegedly stole a mobile phone; the May beating death in the Volta
Region of a woman who was accused of stealing a piece of cloth; the
July lynching of two suspected armed robbers in an Accra suburb, and
the July lynching of a man in Adisadel Estate, Cape Coast area.
Persons suspected of witchcraft were killed during the year. For
example, on November 20, in Tema, Greater Accra Region, persons
including an evangelist pastor allegedly set fire to a 72-year-old
woman after accusing her of being a witch. The woman died the following
day from her injuries. Police arrested six persons; two were charged
with murder, and four were released on bail. At year's end the trial
continued.
Ritual killings occurred during the year. For example, on December
4, in Assin Gangan, Central Region, a man allegedly beheaded his three-
year-old son for ritual purposes. A buyer in Kumasi reportedly offered
the man 35,000 cedis ($24,000) to produce a human head that he could
use for ritual purposes. The father was arrested, and an investigation
continued at year's end.

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

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were credible reports that police beat and abused suspects,
prisoners, and other citizens. Severe beatings of suspects in police
custody reportedly occurred throughout the country but generally were
unreported in official channels. Police generally denied allegations or
claimed that force was justified. Military officials also reportedly
mistreated persons during the year. During the year several
nongovernmental organizations (NGOs), lawyers, and civil society
organizations publicly criticized police use of excessive force. A 2009
call by such organizations for the Inspector General of Police (IGP) to
take action against security force members involved in abuse resulted
in campaigns to raise awareness and in disciplinary actions against
such officials during the year.
In August a police officer in Juaso, Ashanti Region, shot and
injured a man who made a derogatory comment. Police were investigating
the incident at year's end.
On October 21, in Aflao, Volta Region, an immigration official
allegedly shot and injured a taxi driver when he refused to stop at the
border crossing. A mob subsequently burned tires and vandalized the
offices of the Ghana Immigration Service. The border was temporarily
closed, and the military was called to restore order. Two immigration
officers were arrested pending further investigation, which continued
at year's end.
On October 27, police and security personnel in Nakpanduri,
Northern Region, allegedly ransacked and burned homes, injured
civilians, and repeatedly fired their guns during an operation to
arrest an escaped convict; the interior minister subsequently issued an
apology on behalf of the Government. The Commission on Human Rights and
Justice (CHRAJ) noted that investigations to determine the culpability
of individual police personnel continued at year's end.
Violence between soldiers and police, often due to internal
rivalries, resulted in injuries during the year. For example, on June
4, in Kumasi, soldiers from the Fourth Garrison attacked and beat 12
police officers stationed at various duty posts throughout the city.
One officer was hit in the head with a hammer and was hospitalized.
Soldiers also vandalized property at police stations and forced
officers to flee their duty posts. In July a committee composed of
three top-ranking military officers and three senior police officers,
and chaired by a retired appeals court judge opened an investigation
into the incidents.
At year's end there was no new information in the following 2009
cases of security force abuse: the January shooting and injuring by
military police of a man on a motorcycle; the August police shooting
and injuring of an 18-year-old man; the filmed abuse of two suspects
being interrogated by military personnel in Bawku.
Chieftaincy disputes during the year resulted in injuries.
For example, on March 28, in the Ashanti Region, an unknown
assailant shot and injured the village chief of the Ofoase traditional
area.
On April 11, youth from the Abudu faction of the Dagbon ethnic
group attacked 11 traders at a market in Yendi, Northern Region. The
attack was in response to the arrest of some of their leaders as a
result of an ongoing chieftaincy dispute.
On May 21, two persons were injured in Kaneshie, Greater Accra
Region, when approximately 25 persons armed with machetes, axes, and
locally manufactured pistols invaded the Ga Mantse palace in an attempt
to remove the king. Four persons were arrested. At year's end the trial
continued.
On August 9, in Salaga, Northern Region, two persons were shot and
injured in a chieftaincy dispute.
In August in Achiaman, Greater Accra Region, nine persons were
injured when fighting erupted between two factions in a chieftaincy
dispute.
On September 28, in Akuapem Mampong, Eastern Region, seven persons
including a 10-year-old child were injured after fighting erupted
between two factions in a chieftaincy dispute.
There were no developments in the following violence stemming from
chieftaincy disputes in 2009: the March incident in which police
refused to intervene after the paramount chief of the Goaso traditional
area, Brong-Ahafo Region, ordered his men to beat a woman for not
kneeling before him; and the May incident in which nine persons were
injured in the Central Region.
Vigilante violence against suspected criminals and persons accused
of witchcraft resulted in deaths and injuries (see sections 1.a., 1.d.,
and 6).
Mob violence during the year resulted in injuries and property
damage.
On August 31, residents of Navrongo, Upper East Region, attacked
construction workers who were building a school in the community; the
attack reportedly was due to the hiring of workers from outside the
community.
On September 16, in Tema, Greater Accra Region, approximately 200
fishermen and fishmongers attacked construction workers who attempted
to clear land that was slated for a construction project. The fishermen
used the land to dry and smoke fish. The mob burned vehicles and
buildings, threw stones, and fired at police officers. Police and
military were called in to restore order, and 32 persons were arrested,
of whom 28 were granted bail. An investigation continued at year's end.
On November 8, in Gowrie, Upper East Region, students at the Gowrie
Senior High and Technical School allegedly attacked two police officers
during a protest against the temporary closure of the school. School
officials closed the school after students boycotted classes and
refused meals to protest the suspension of 18 classmates earlier in the
year.
There were no developments in the February 2009 attack in Greater
Accra Region by youths who robbed and beat workers at a building site
before burning the building because it was on their playing field.

Prison and Detention Center Conditions.--Prison conditions
generally were harsh and sometimes life threatening. Police beat
suspects in custody. Much of the prison population was held in
buildings that were originally colonial forts or abandoned public or
military buildings with poor ventilation and sanitation, substandard
construction, and limited space and light. Many prisoners slept on bare
floors or took turns using beds. As many as 55 inmates commonly shared
a cell intended for 12. According to the 2009 Prisons Service Annual
Report, 13,778 prisoners (average daily lockup) were held in prisons
designed to hold approximately one-third that number. The CHRAJ noted
that the most common ailments affecting prisoners stemmed from
overcrowding, poor nutrition, and a lack of ventilation. Medical
facilities were inadequate, and the prisons supplied only the most
basic medicines. Prisoners relied on families or outside organizations
for additional food, medicine, and other necessities. According to the
CHRAJ, the daily food stipend for prisoners was 60 pesewas ($.40),
which the CHRAJ deemed too low. Shortages of food, bedding, clean
water, and clothing for prisoners persisted.
In 2009, 84 prisoners died in custody. The most common causes of
death were tuberculosis, HIV/AIDS, and cardiovascular distress,
although severe overcrowding sometimes also resulted in death.
For example, in February two inmates in a police cell in Ashaiman,
Greater Accra Region, allegedly suffocated to death. The cell in which
the two were incarcerated was built to accommodate 10 persons, but held
43 at the time of their deaths.
No investigation was conducted in the May 2009 death of a detainee
during a police raid on a police holding facility in Tesano District,
Accra. In May 2009 the IGP suspended two officers in connection with
the death and promised an investigation.
There were 189 female and 121 juvenile inmates in the country's 42
prisons. Juvenile detainees were not housed separately from adults, and
pretrial detainees were held with convicted prisoners.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. Authorities permitted prisoners and
detainees to submit complaints to judicial authorities without
censorship and to request investigation of credible allegations of
inhumane conditions and treatment; however, submission of complaints by
prisoners was not common practice. Authorities investigated credible
allegations of inhumane conditions and treatment and documented the
results. Whenever allegations of inhumane treatment are made, the
accused officer is asked to respond. If prison authorities are
unsatisfied with the response of the officer, an internal inquiry is
launched and recommendations for disciplinary action are submitted to
the director general of the Prisons Service.
The Government permitted independent monitoring of prison
conditions by the CHRAJ, which served as the official ombudsman, and
the Welfare Unit of the Prisons Service. During the year the CHRAJ
monitored 28 of the total 42 prisons and prison camps in the country.
The CHRAJ and other NGOs worked on behalf of prisoners and detainees to
help alleviate inhumane overcrowding; to address the status and
circumstances of confinement of juvenile offenders; and to improve
pretrial detention, bail, and recordkeeping procedures to ensure
prisoners did not serve beyond the maximum sentence for charged
offenses.
The Government also permitted independent monitoring of prison
conditions by international human rights groups, including the
International Committee of the Red Cross; however, no such visits were
conducted during the year.
During the year 204 inmates in Nsawam Medium Security Prison,
Eastern Region, were discharged under the ``Justice for All'' program,
which began in 2008 to ease prison overcrowding and to accelerate
judicial processes; another 251 inmates in the country were released on
bail.

d. Arbitrary Arrest or Detention.--The constitution and law provide
for protection against arbitrary arrest and detention; however, the
Government frequently violated these prohibitions.

Role of the Police and Security Apparatus.--The GPS, under the
Ministry of Interior, was responsible for maintaining law and order.
The military continued to participate in law enforcement activities
during the year. A separate entity, the Bureau of National
Investigations, handled cases considered critical to state security and
answered directly to the Ministry of National Security. Police
maintained specialized units in Accra for homicide, forensics, domestic
violence, trafficking in persons, visa fraud, narcotics, and
cybercrimes. Such services were unavailable nationwide, however, due to
a lack of office space, vehicles, and other equipment outside of the
capital. In May the GPS unveiled a five-year strategic plan to increase
police personnel, housing, vehicles, and equipment, as well as to
establish new training academies.
Police brutality, corruption, negligence, and impunity were
problems. Delays in prosecuting suspects, rumors of police
collaboration with criminals, and a widespread perception of police
ineptitude contributed to vigilante violence during the year. There
were also credible reports that police extorted money by acting as
private debt collectors, setting up illegal checkpoints, and arresting
citizens in exchange for bribes from disgruntled business associates of
those detained (see section 4). Low salaries, which were sometimes not
paid on time, contributed to police corruption. On July 1, the
Government implemented the Single Spine Salary Structure, which
increased the salaries of all police officers.
The 33-person Police Intelligence and Professional Standards Unit
(PIPS) investigated human rights abuses and police misconduct. During
the year PIPS received 1034 new cases; of those, 430 cases were closed,
and 604 remained under investigation at year's end. Among the 604 cases
being investigated at year's end, 100 involved complaints of
harassment, 37 involved unlawful arrest, and 46 involved alleged police
brutality with human rights violations.

Arrest Procedures and Treatment While in Detention.--The law
requires judicial warrants for arrest and provides for arraignment
within 48 hours; however, persons were frequently arrested without
warrants, and detention without charge for periods longer than 48 hours
occurred. Police detained some prisoners for indefinite periods by
renewing warrants or by simply allowing them to lapse while an
investigation was conducted. The constitution provides that a detained
individual be informed immediately, in a language that the person
understands, of the reasons for the detention and of his or her right
to a lawyer at state expense if unemployed or indigent. The Government
did not always observe these rights. With some exceptions, lawyers were
generally assigned promptly. Authorities routinely failed to notify
prisoners' families of their incarceration. The law requires that a
detainee who has not been tried within a ``reasonable time'' as
determined by the court be released either unconditionally or subject
to conditions necessary to ensure that the person will appear in court
at a later date; however, in practice, this provision was rarely
observed.
The law provides for bail, and the court has unlimited discretion
to set bail, which was often prohibitively high. The court may refuse
to release prisoners on bail and instead detain them without charge for
an indefinite period, subject to weekly review by judicial authorities.
In September a man was granted bail after spending 10 years in
detention. On occasion, police also demanded money from suspects as a
precondition for their release on bail.
Lengthy pretrial detention remained a serious problem. According to
the Prisons Service's 2009 Annual Report, 28 percent of the prison
population was in pretrial status, a decrease from 30.5 percent in
2008. Detainees sometimes served more time in detention awaiting trial
than the sentence for the crime required. In 2009 the CHRAJ reported
that one inmate at Nsawam Prison had been in pretrial detention for 17
years.
During the year prison officials, courts, and police continued
efforts to reconstruct the files of at least 300 pretrial inmates; the
files had been missing since at least 2007. Once files are
reconstructed, trials of the detainees may begin. At year's end, 136
inmates had been released.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the judiciary was inefficient
and subject to influence and corruption (see section 4).
Members of the military were tried separately under the criminal
code in a military court. Military courts, which provide the same
rights as civil courts, were not permitted to try civilians. Despite
alternate dispute resolution (ADR) procedures to decongest the courts
and to address judicial inefficiency, court delays persisted. Mediators
have been trained throughout the country to implement ADR, mediation
desks have been established in some district courts, and an ADR
secretariat was established within the Judicial Service. Nevertheless,
even in fast-track courts, which were established to hear cases to
conclusion within six months, trials could last for years.
The Chieftaincy Act gives village and other traditional chiefs the
power to mediate local matters and to enforce customary tribal laws
dealing with such matters as divorce, child custody, and property
disputes. However, the authority of traditional rulers has steadily
eroded because of a commensurate increase in the power of civil
institutions, such as courts and district assemblies.
A judicial complaints unit, headed by a retired Supreme Court
justice, addressed public complaints, such as unfair treatment by a
court or judge, unlawful arrest or detention, missing dockets, delayed
trials and delivery of judgments, and alleged bribery of judges. During
2009 the unit received 345 complaints, of which 294 were resolved and
51 remained under investigation at year's end.

Trial Procedures.--The constitution and law provide for the right
to a fair trial, and the judiciary generally enforced this right;
however, the judiciary was sometimes inefficient and subject to
influence and corruption. Defendants are presumed innocent, trials are
public, and defendants have a right to be present, to be represented by
an attorney (at public expense if necessary), and to cross-examine
witnesses. Defendants and their attorneys have access to government-
held evidence relevant to their cases and have a right to appeal.
Defendants have the right also to present witnesses and evidence.
Juries are used in murder trials. The law extends the above rights to
all citizens. In practice, authorities generally respected these
safeguards.

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

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, and citizens had access to a
court to bring lawsuits seeking damages for, or cessation of, a human
rights violation.
Fast-track courts and automated commercial courts continued efforts
to streamline resolution of disputes, although delays were common. A
growing number of automated courts, whose proceedings were expedited
through electronic data management, were established across the
country.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions;
however, the Government sometimes infringed on privacy rights. Although
the law requires judicial search warrants, police seldom obtained them
in practice.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the Government
sometimes restricted those rights during the year. Journalists were
arbitrarily arrested and detained during the year, and some practiced
self-censorship.
Individuals generally could criticize the Government publicly or
privately without reprisal; however, local authorities sometimes
arrested or harassed its critics.
For example, on May 24, in Kumasi, Ashanti Region, opposition NPP
activist Adu Gyamfi was arrested for referring to President Mills as a
chimpanzee during a radio program on Fox FM. Gyamfi was released after
48 hours when President Mills said he was not interested in pressing
charges against the radio commentator.
The independent media were active and expressed a wide variety of
views without restriction. There were reports that the Government paid
journalists ``time and transportation'' costs to facilitate coverage.
There were an estimated 1,200 newspapers and magazines registered
with the National Media Commission, approximately 200 FM radio
stations, and 17 television stations across the country. The most wide-
reaching print outlets were owned by the state; the majority of
television and radio stations were privately owned.
On January 26, a photographer with the Daily Guide, an Accra-based
privately owned newspaper, was arrested and detained on orders of the
Accra High Court. Police claimed that the photographer, who was
covering the trial of four criminals convicted of murder, did not have
permission to photograph the convicts.
Opposition NPP activist and radio commentator Nana Darkwa Baafi,
who alleged during a February 18 radio discussion that former president
Rawlings deliberately set a fire at his residence, was arrested and
charged with publication of false news with the intent to cause fear
and alarm to the public. Baafi was initially refused bail by an Accra
Circuit Court; however, his case was dismissed, and he was released.
On September 16, police in Tamale, Northern Region, forced the
temporary closure of privately owned North Star Radio for airing an
inflammatory press conference during which a chief voiced his
displeasure about the behavior of some of his fellow chiefs. Observers
believed, however, that the temporary closure resulted from broadcasts
that allegedly inflamed local tensions over a longstanding conflict
between two ethnic groups in the Upper East Region.
On March 24, a former national security operative forced a reporter
of the independent JOY FM radio station to delete a recording of an
interview with national security officials after the interview was
played for the officials; the interview focused on grievances of former
employees of the security services.
On July 19, police charged Ato Kwamena Dadzie, acting news editor
of JOY FM radio, with ``publishing false news with intent to cause fear
or harm to the public or to disturb the public peace'' in violation of
Section 208 of the criminal code. Police subsequently forwarded
Dadzie's case to the Attorney General's Department for advice.
On July 21, the CID summoned Enimil Ashon, the editor of the state-
owned Ghanaian Times newspaper, after the newspaper published an
article alleging that police were susceptible to bribery and government
influence.
Following the two incidents in July, the National Executive
Committee of the Ghana Journalists Association (GJA) called on the GPS
to refer grievances to the National Media Commission (NMC), which is
responsible for ensuring press freedom and accountability. The NMC
subsequently intervened with police on Ashon's behalf, and no charges
were filed.
On September 16, prison officers in Kumasi reportedly stormed the
premises of privately owned OTEC FM and attacked two staff members,
including the program manager; the prison officers reportedly objected
to the radio station's coverage of a prison guard strike. An
investigation continued.
According to information that surfaced during the year from the
GJA's Upper West Regional Branch, in October 2009 a journalist was
physically assaulted, subjected to a rigorous body search, handcuffed,
and detained in a police cell for two and one-half hours. The
journalist, who worked with the community station Radio Progress, was
accused of ``disrespecting'' police when he photographed a man they had
allegedly tied to a power pole.
No action was taken against police officers who in February 2009
assaulted two female sports journalists who were trying to gain access
to the players' dressing room following a football match.
No action was taken against supporters of the ruling NDC party who
assaulted an Upper East Regional correspondent for The Chronicle
newspaper after the newspaper photographed an NDC party activity.
Unlike in the previous year, there were no reports that NDC supporters
attacked independent journalists and vandalized their radio stations.
In previous years journalists received threatening cell phone
messages; however, there were no known reports of such calls during the
year.

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

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of peaceful
assembly, and, unlike in the previous year, the Government generally
respected this right. The Government does not require permits for
demonstrations, but police can deny use of a particular route.
Unlike in the previous year, there were no reports that police
denied demonstration permits to antigovernment groups.
The ban on campus demonstrations at Takoradi Polytechnic Institute,
where 64 students were arrested in 2007, remained in effect.

Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right in practice. Security force members were prohibited from joining
political assemblies or groups within the security services, but they
were allowed to participate in political activities outside police or
military compounds.

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

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the Government did not use it.
In May approximately 1,000 persons left the Bunkpurugu/Yungoo
District in the Northern Region for Togo to escape violence stemming
from an ongoing chieftaincy dispute; however, most returned to their
homes by year's end, according to the UNHCR.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees. In practice
the Government provided protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened
on account of their race, religion, nationality, membership in a
particular social group, or political opinion.
The Government established the Ghana Refugee Board (GRB) to
adjudicate claims for refugee status and to ensure that refugees
received all appropriate protections; the UNHCR participated as an
observer on the board. Following the January 2009 presidential
election, the incoming administration appointed new board members.
However, because the Government had not appointed a GRB board chairman
by year's end, the board was unable to function. While the GRB
secretariat continued some functions such as conducting refugee
interviews, there were no board meetings to adjudicate claims or to
confer refugee status during the year.
The law allows rejected asylum seekers to appeal and to remain in
the country until an appeal is adjudicated. There were delays in the
appeal process, however. The law also accords the right of protection
to refugees who entered the country illegally without documentation.
Refugee status for Sierra Leoneans who fled during that country's
civil war was terminated as of the end of 2008 in accordance with
international agreements. In December 2008 the GRB and UNHCR conducted
interviews to determine if any of the Sierra Leoneans remaining in the
country qualified as refugees based on an individual need for
international protection. Of the 135 individuals who went through the
process, 65 were rejected; of these rejections, 51 subsequently filed
appeals with the interior minister. During the year 15 of the appeal
cases had been granted exemption, qualifying the 15 as refugees.
The UNHCR estimated that approximately 14,800 refugees resided in
the country during the year: 81 percent were Liberians in the Buduburam
Camp near Accra; 12 percent were Togolese in various communities in the
Volta Region; 3.5 percent were refugees of various nationalities in
Krisan Camp in the Western Region; and 3.5 percent were urban refugees
and asylum seekers in the Greater Accra Region. Since 2008 the UNHCR
has assisted the voluntary return of nearly 10,000 Liberians and 4,383
Togolese refugees. Sexual and gender-based violence remained a problem
among refugee populations. In the Buduburam settlement, three cases of
defilement, one case of child abduction, and one case of child abuse
were reported to the UNHCR and police during the year. With the support
of the UNHCR, police opened a police post in the settlement in July
2009.
Refugees had freedom of movement within the country and were not
required to carry identification at all times. Refugees were allowed to
apply for work permits through the same process applicable to other
foreigners. However, work permits generally were issued only for
employment in the formal sector, and the majority of refugees worked in
the informal sector. Refugee children had access to public primary
schools. Refugees in Krisan Camp, the Buduburam Settlement, and the
Volta Region were enrolled in the national health insurance system with
funding from the UNHCR. Urban refugees had access to health care on a
fee-for-service basis.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right through
periodic, free, and fair elections held on the basis of universal
suffrage.

Elections and Political Participation.--Following a narrow victory
in 2008 over opposition NPP candidate Nana Akufo-Addo, ruling NDC
candidate John Evans Atta Mills was inaugurated as president in January
2009. There were reports in some areas of voter intimidation and
election irregularities; however, the consensus of observers and the
independent Electoral Commission was that these irregularities were
insufficient to have altered the outcome of the election.
During an August by-election in Atiwa, Eastern Region, members of
opposing parties blocked roads limiting access to polling stations, and
fighting sometimes broke out near polling stations between opposing
party members. On August 31, NDC and the NPP party leaders complained
about voter intimidation and the use of violence, noting that police
response to the violence was inadequate.
Political parties could operate without restriction or outside
interference. The NDC held 116 seats in the parliament, the NPP 107,
minor parties three, and independents four.
There are no laws preventing women from voting or participating in
political life on the same basis as men, but women traditionally had
less access to leadership positions than men. There were 19 women in
the 230-seat parliament, four women in the cabinet, and five women on
the Supreme Court. Eight of 38 ministers were women.
No laws or practices prevent minorities from equal participation in
political life. According to the 2000 census, the country had more than
80 ethnic groups, none of which constituted a majority. For example,
the Ashanti were the largest ethnic group with 14.8 percent of the
total population.
Section 4. Official Corruption and Government Transparency
Corruption was present in all branches of government. The law
provides criminal penalties for official corruption; however, the
Government did not implement the law effectively, and some officials
frequently engaged in corrupt practices. Police set up barriers to
extort money from motorists, and judicial officials accepted bribes to
expedite or postpone cases or to ``lose'' records. The World Bank's
most recent Worldwide Governance Indicators (2008) reflected that
corruption was a problem.
On September 7, the Serious Fraud Office was replaced by the
Economic and Organized Crime Office (EOCO), which was granted expanded
powers to investigate and prosecute corruption in economic crimes such
as money laundering, human trafficking, and cyber crime. The EOCO hired
new employees during the year, the majority of which were slated to be
investigators.
The CHRAJ investigates human rights abuses, public corruption, and
abuse of power and is empowered to recommend punitive actions against
proven violators. The attorney general, the minister of justice, the
EOCO, and the Public Prosecutor's Office are responsible for combating
corruption. Parliament's Public Accounts Committee is also responsible
for auditing government spending. An auditor general reviews public-
sector accounts.
In hearings in May and August, the Public Accounts Committee
uncovered numerous cases of embezzlement and misuse of funds by
government ministries, departments, agencies, and district assemblies.
The committee ruled that failure to refund funds or to reconcile
accounts would result in prosecution. The committee forwarded all cases
to the attorney general; however, no prosecutions had been reported at
year's end.
In January an undercover reporter filmed members of the Customs,
Excise and Preventive Service and the Ghana Immigration Service
allegedly extorting money and harassing travelers at the Ghana-Togo
border crossing in Aflao, Volta Region. The officers were removed from
the post, and an investigation continued at year's end.
Security force members were arrested for corruption during the
year.
In March, in Accra, three soldiers and two policemen were arrested
for extorting two men they had falsely accused of drug charges. Also in
March, in Accra, a policeman and a former policeman were charged with
extorting money from a man they framed on drug charges.
On March 19 in Accra four policemen were accused of attacking and
robbing a foreign national of more than 7,207 cedis ($5,000). Two
officers were arrested and in December were each sentenced to 10 years'
imprisonment. Two officers remained at large in connection with the
case.
In May three police officers in the Greater Accra Region were
arrested for stealing 500,000 CFA francs ($970) from a deceased
accident victim. The police officers were indicted, and an
investigation continued at year's end.
Officials were subject to a financial-disclosure process, but their
responses were not available for public review.
In July 2009 a presidential commission was established to
investigate allegations of corruption and financial mismanagement by
the former government's Ghana@50 Secretariat. The attorney general
subsequently charged Kwadwo Mpiani, chairman of the National Planning
Committee, and Charles Wereko-Brobby, CEO of the Ghana@50 Secretariat,
with four counts of willfully causing financial loss to the state. On
May 24, the defendants filed pretrial motions to dismiss the case for
lack of jurisdiction, pending appeal of the commission's adverse
findings. The High Court agreed and dismissed the case for lack of
jurisdiction.
The constitution provides for public access to government
information; however, obtaining such access was difficult in practice.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were generally cooperative and responsive to their views.
The CHRAJ, which mediated and settled cases brought by individuals
against government agencies and private companies, operated with no
overt interference from the Government; however, some critics
questioned its ability to investigate high-level corruption
independently. Its biggest obstacle was a lack of adequate resources,
which resulted in low salaries, poor working conditions, and the loss
of many of its staff to other government and nongovernmental agencies.
However, public confidence in the CHRAJ was high, resulting in an
increased workload for its staff, whose salaries were often delayed due
to a chronic lack of resources and administrative issues.
Human rights issues were addressed in parliament by the Committee
on the Constitution, Legal Issues, and Parliamentary Affairs.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination on the basis of race,
gender, disability, language, or social status; however, enforcement
was generally inadequate. Limited financial resources and a generally
permissive societal attitude toward such discrimination contributed to
its perpetuation. Courts were empowered specifically to order
enforcement of these prohibitions.

Women.--The law criminalizes rape but not marital rape. Rape was
underreported and remained a significant problem. When cases of rape
were reported, perpetrators were often arrested and prosecuted. During
the year the police service's Domestic Violence and Victim Support Unit
(DOVVSU) worked closely with the Department of Social Welfare, the
national chapter of the International Federation of Women Lawyers, the
Legal Aid Board, and several other human rights NGOs to combat domestic
violence. During the year DOVVSU received 318 reports of rape and
reported 158 arrests, 101 prosecutions, and three convictions; 224
cases remained uninvestigated at year's end. Convicted rapists may be
punished with prison sentences ranging from five to 25 years.
Although the law prohibits domestic violence, it continued to be a
problem. The law stipulates that a person in a domestic relationship
who engages in misdemeanor domestic violence is liable on summary
conviction to a fine, a term of imprisonment of not more than two
years, or both. The court also may order the offender to pay
compensation directly to the victim. However, inadequate resources and
logistical capacity in DOVVSU and other agencies, as well as only
partial implementation of the Domestic Violence Act, hindered the full
application of the law during the year. Unless specifically called upon
by DOVVSU, police seldom intervened in cases of domestic violence, in
part due to a lack of counseling skills, shelters, and other resources
to assist victims. In many cases, victims were discouraged from
reporting abuse and from cooperating with prosecutors because of long
delays in bringing such cases to trial. Victims frequently did not
complete their formal complaints because they could not afford the fees
that doctors charged to document the abuse in police medical forms.
Although the law waived these medical fees, doctors continued to
require them in exchange for signing medical reports. There were
credible reports that doctors sometimes charged more than the rate set
by the hospital administration to sign medical forms. Statistics were
not available on prosecutions of domestic violence cases during the
year.
In the Northern, Upper East, and Upper West regions of the country,
where belief in witchcraft remained strong, rural women and men
suspected of witchcraft were banished by their families or traditional
village authorities to ``witch camps.'' Such camps were separate from
the ``prayer camps'' to which persons with mental illness were
sometimes sent by their families. Most accused witches were older
women, often widows, whom fellow villagers identified as the cause of
illness, crop failure, or financial misfortune. Some suspected witches
in the camps were accompanied by their families. NGOs provided food,
medical care, and other support to residents of the camps. During the
year the CHRAJ monitored three camps in the Northern Region and
reported that the camps contained 175 females and eight males; media
sources reported far higher numbers of men, women, and children in the
camps.
There were no laws specifically to protect women from sexual
harassment; however, some sexual harassment cases were prosecuted under
the existing criminal code. Women's advocacy groups reported that
sexual harassment remained a widespread problem.
Couples and individuals have the right to decide freely on the
number, spacing, and timing of pregnancies. According to the 2008
Demographic and Health Survey, 98 percent of all women surveyed were
able to cite at least one birth control method. According to a foreign
aid agency, 17 percent of married women of reproductive age used a
modern contraceptive method. More than 75 percent of pregnant women had
four or more prenatal visits. Approximately 60 percent of women
delivered with a skilled attendant. Maternal mortality was estimated in
a recent study at 451 per 100,000 live births, with the most common
causes of death being hemorrhage and infection. More than two-thirds of
women reported receiving medical care within two days of delivery.
Women were more likely than men to accept HIV testing, particularly
since it was offered as a standard component of prenatal care. An
estimated 10 percent of the population knew their HIV status;
approximately 30 percent of HIV-positive pregnant mothers received
antiretroviral medications to prevent mother-to-child transmission.
The constitution provides for all persons to be treated equally
under the law; however, women continued to experience discrimination in
access to employment. Women in urban centers and those with skills and
training encountered little overt bias, but resistance to women's
entering nontraditional fields persisted. Women, especially in rural
areas, remained subject to burdensome labor conditions, performing
physically difficult manual labor such as farming, transporting goods,
and manual household chores, while often carrying a child on their
backs. Women also were subjected to traditional male dominance.
Traditional practices and social norms often denied women their
statutory entitlements to inheritance and property, a legally
registered marriage with the associated legal rights, and the
maintenance and custody of children. There were female entrepreneurs,
but poor access to credit remained a serious barrier for women who
wanted to start or expand a business.
Women's rights groups were active in educational campaigns and in
programs to provide vocational training, legal aid, and other support
to women. The Government was involved in educational programs, and many
officials were advocates of women's rights.

Children.--Citizenship is derived by birth within the country or
parentage, but not all births were registered with the Government. Some
children were reportedly denied education because their births were not
registered, although a birth certificate is not a legal precondition to
attend school.
The constitution provides for free, compulsory, and universal basic
education for all children from kindergarten through junior high
school; however, parents were required to purchase uniforms and writing
materials. During the year the Government launched a program to provide
uniforms to 1.6 million children in deprived areas, although
contracting delays prevented most of the targeted children from
receiving their uniforms. The Government also operated a school feeding
program for more than 670,000 children, which covered incidental costs
as well as meals, and a nationwide capitation grant program, which
covered other school fees for all children attending public schools.
According to the Ministry of Education, girls attending primary school
during the 2009-10 school year constituted 48 percent of all students;
at the junior high school level, the proportion was 47 percent. During
the year the Ghana Education Service (GES) actively campaigned to
expand education for girls by providing scholarships at the junior and
senior high school levels and by offering financial incentives and free
housing to female teachers to work in the ``deprived'' areas. The GES
placed girls' education officers at regional and district levels, and
there were community participation coordinators in every district
office to mobilize communities to increase school enrollment of girls.
The law prohibits defilement, incest, and sexual abuse of minors,
but such abuses remained serious problems. During the year DOVVSU
received 1,080 cases of suspected child defilement and 11 cases of
attempted defilement. There were frequent press reports that male
teachers sexually assaulted and harassed female students. Girls often
were reluctant to report these incidents to their parents, and social
pressure often prevented parents from going to authorities. Press
reports of teachers, coaches, and headmasters/headmistresses either
being arrested for sexual harassment of female students or dismissed
for ignoring reported problems continued during the year.
The law prohibits FGM, but it remained a serious problem in the
Upper West Region of the country, and to a lesser extent in Upper East
and Northern regions. Type II FGM--defined by the World Health
Organization as the excision of the clitoris with partial or total
excision of the labia minora--was more commonly performed than any
other type. A girl was typically excised between 4 and 14 years of age.
According to a 2008 study conducted by the Ghana Statistical Service
with support from the UN Children's Fund, approximately 49 percent of
girls and women between 15 and 49 years old in Upper West Region--where
the practice was most common--had experienced some form of FGM, 20
percent in Upper East Region, and 5 percent in Northern Region.
Intervention programs were somewhat successful in reducing the
prevalence of FGM, particularly in the northern regions. Officials at
all levels, including traditional chiefs, continued to speak out
against the practice, and local NGOs continued educational campaigns to
encourage abandonment of FGM and to train practitioners in new skills
so they could seek alternate sources of income.
In a 2009 survey of girls and women between 15 and 49 years old in
Upper West Region, 85 percent stated that the practice should be
discontinued, 10 percent were unsure, and only 5 percent supported its
continuation. Lower prevalence of FGM among women in Upper East Region
was highly correlated with increased education. There were no
prosecutions of practitioners during the year.
Forced child marriage, which was illegal, remained a problem with
no improvement during the year, according to the CHRAJ and NGOs.
The migration of children to urban areas increased due to economic
hardship in rural areas. Children were often forced to support
themselves to survive, increasing both the occurrence of child labor
and the school dropout rate. Girls under 18 were among the most
vulnerable child laborers, as many also engaged in prostitution or were
sexually exploited in exchange for protection while living on the
streets.
The minimum age of consensual sex is 16 years. Defilement of a
child younger than 16 years, with or without the child's consent,
constitutes an offense and is punishable by imprisonment for between
seven and 25 years. There is no specific legislation against child
pornography; however, it can be prosecuted as an ``offence against
public morals'' and is punishable by a fine ranging from 120 to 600
cedis ($80-$400) and/or imprisonment for a period not to exceed three
years.
Unlike in the previous year, there were no reports that children
participated in the ongoing ethnic and chieftaincy conflict in Bawku.
In 2009 there were media reports that children participated in the
ongoing ethnic and chieftaincy conflict in Bawku in the Upper West
Region. Children were reported to have burned houses, and a group of
Mamprusi children were alleged to have ambushed a Kusasi woman near
Bawku hospital.
Local and international NGOs worked with the Government to promote
children's rights and were somewhat successful in sensitizing
communities about protecting the welfare of children.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international child abduction, please see the Department of State's
annual report on compliance at http://travel.state.gov/abduction/
resources/congressreport/congressreport--4308.html.

Anti-Semitism.--The Jewish community had a few hundred members.
There were no reports of anti-Semitic acts.

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

Persons With Disabilities.--The law provides for the rights of
persons with disabilities, including protection against exploitation
and discrimination in employment, health care, and other domains. The
National Council on Disability, mandated by law, was inaugurated in
April 2009. While the Government did not systematically or overtly
discriminate against persons with disabilities, such persons often
experienced societal discrimination. The law provides persons with
disabilities access to public buildings ``as far as is practical.''
Activists supporting the rights of persons with disabilities complained
of the slow implementation of the Persons with Disability Act,
especially the lack of legislative instruments to implement the new
law. Despite the legal protection provided in the law, discrimination
against disabled persons in employment and the inaccessibility of
public buildings continued to be problems.
Persons with mental and physical disabilities were frequently
subjected to abuse and intolerance; however, unlike in the previous
year, there were no reports of persons with disabilities being killed
for ritual purposes.
In March 2009 four persons appeared in court on murder charges in
connection with the July 2008 killing of Yakubu Busanga, a hunchback.
The attack may have been motivated by a desire to obtain body parts for
use in ritual practices. At year's end there was no new information on
this case.
In July 2009 a two-year-old albino boy was stolen from his mother
for ritual purposes. An 18-year-old woman was arrested for the
kidnapping and detained in prison custody. She claimed that she was
hired to steal the child. At year's end there was no new information on
the case.
Some religious groups believed that persons with mental
disabilities were afflicted by demons that should be exorcised. The
abuse of children with disabilities was common. In previous years there
were reports that children with disabilities were tied to trees or
under market stalls and caned regularly and of family members killing
children with disabilities.
Human rights activists expressed concerns about ``prayer camps'' in
which individuals believed to be possessed by evil spirits were chained
for weeks, physically assaulted, and denied food and water. The camps
targeted persons with mental illnesses. Camp supervisors diagnosed
mental illness as a ``demonic affliction'' and prevented patients from
consuming food or water, often for seven consecutive days, to cleanse
victims of their evil spirits. Some victims were estimated to be as
young as six years old. Families sent these victims to be exorcised of
evil spirits or cured of their physical or mental illnesses. Victims
were held at the camps until they were considered healed. Reports
indicated that these practices occurred in the Greater Accra, Eastern,
Central, Western, Ashanti, and Brong-Ahafo regions. The Commonwealth
Human Rights Initiative (CHRI) released a report in May 2009 on prayer
camps based on interviews with current and former inmates. The report
found that some families caring for mentally ill members had
insufficient financial resources and viewed prayer camps as an
available option. The CHRI urged regulation of prayer camps; however,
no regulations were implemented by year's end.
Several government agencies and NGOs were involved in addressing
discrimination against persons with disabilities, including the
Ministry of Health, the Ministry of Employment and Social (MESW), the
Ministry of Education, and the Center for Democratic Development.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law makes consenting
homosexual acts a misdemeanor, and strong sociocultural beliefs
discriminated against and stigmatized same-gender sex. There were no
registered Lesbian, Gay, Bisexual, and Transgender (LGBT)
organizations. LGBT persons faced widespread discrimination, as well as
police harassment and extortion attempts. Gay men in prison often were
subjected to sexual and other physical abuse.
On June 4, more than one thousand protesters in Takoradi, Western
Region, participated in a peaceful rally against reports of gay and
lesbian activities in their city. This was reportedly the first antigay
protest in the country.
On December 22, the acting head of the CHRAJ spoke against
discrimination during a radio interview on Accra-based CITI FM. She
stressed that gays and lesbians should not be condemned based on
societal attitudes and that the constitution provides for freedom from
discrimination.

Other Societal Violence or Discrimination.--Discrimination against
persons with HIV/AIDS was a problem, and the fear of being stigmatized
continued to discourage persons from being tested for HIV infection.
The Government and NGOs subsidized many centers that provided free
HIV testing to citizens, although there were reports that
confidentiality was not consistently respected.
Section 7. Worker Rights

a. The Right of Association.--The law allows workers, except for
the armed forces, police, the prison service, and other security and
intelligence agency personnel, to form and join unions of their choice
without previous authorization or excessive requirements, and workers
exercised this right in practice. While unions no longer must seek
government approval before registering, the law requires that trade
unions or employers' organizations must register, be authorized by the
chief labor officer, and obtain a certificate of registration to be
considered legal. The percentage of workers belonging to unions
decreased in recent years, in part because of a relative lack of
employment opportunities in the formal, unionized sectors. Moreover,
some workers previously employed in the formal sector lost their jobs.
The law recognizes the right to strike but restricts that right for
workers who provide essential services, including ``areas in an
establishment where an action could result in a particular or total
loss of life or pose a danger to public health and safety and such
other services as the minister may by legislative instrument
determine.'' The minister of employment and social welfare designated a
list of essential services. The list included services carried out by
utility companies (water, electricity, etc.), ports and harbors,
medical centers, and the Bank of Ghana. In these essential services the
parties to any labor disputes are required to resolve their differences
within 72 hours; the deadline was meant to pressure employers and
employees to operate efficiently with limited interruptions. The right
to strike can also be restricted for workers in private enterprise
whose services a union and an employer deemed essential to the survival
of the enterprise by. A union may call a legal strike if the parties
fail to agree to refer the dispute to voluntary arbitration or if the
dispute remains unresolved at the end of arbitration proceedings. No
union ever went through the complete dispute resolution process, and
there were numerous unsanctioned strikes during the year.
On September 15, prison officers at both the Kumasi Central Prison
in the Ashanti region and the Sekondi Central Prison in the Western
Region demonstrated against perceived inequalities in the
implementation of the Single Spine Salary Structure. The initiative
aimed to unify differing salary structures of the national government.

b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference, and the
Government protected this right in practice. However, the armed forces,
police, prison service, security, intelligence personnel, and workers
with policymaking and managerial functions cannot bargain collectively.
The law provides a framework for collective bargaining, and trade
unions engaged in collective bargaining for wages and benefits with
both private and state-owned enterprises without government
interference. However, only unions that represented the majority of
workers in a given company can obtain a Collective Bargaining
Certificate, which was required to engage in collective bargaining.
The labor law prohibits antiunion discrimination by employers;
however, some employers continued to fire employees for union activity.
The Labor Act protects trade union members and their officers against
discrimination if they organize within the free zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor; however, there were reports that such
practices occurred. Local NGOs cited the presence of compulsory labor
affecting both children and adults in the fishing sector and illegal
mining. Local NGOs claimed victims forced to work on boats as children
were sometimes unable to leave their employers and continued to work
without pay as adults. In the illegal mining industry (galamsey), NGOs
cited debt bondage as a problem. Please see the Department of State's
annual Trafficking in Persons Report at www.state.gov/g/tip for more
information.
The law provides for employers found guilty of using forced labor
to be fined no more than 250 penalty units (each unit was assigned a
monetary value adjusted for the fluctuating exchange rate); however,
limited resources inhibited the Government's implementation of the law,
and no fines were levied during the year. During the year the
International Labor Organization (ILO) continued to urge the Government
to revise various legal provisions that permit imprisonment with an
obligation to perform labor.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets the minimum employment age at 15 years and 13 years for light
work not likely to be harmful to the child or to affect the child's
attendance at or capacity to benefit from school. The law prohibits
night work and certain types of hazardous labor for those under 18, and
provides for fines and imprisonment for violators; however, child labor
remained a serious problem in the informal sector.
The law allows children 15 years of age and above to have an
apprenticeship under which craftsmen and employers have the obligation
to provide a safe and healthy work environment along with training and
tools. However, child labor laws were not always enforced effectively
or consistently, and law-enforcement officials, including judges,
police, and labor officials, were sometimes unfamiliar with the
provisions of the law that protected children. Local custom and poverty
also contributed to child labor and eroded societal observance of child
labor laws.
Children as young as seven worked in agriculture and as domestic
laborers, porters, hawkers, miners, quarry workers, and fare
collectors. Children also engaged in herding livestock, fetching
firewood, and bricklaying.
The fishing industry in the Lake Volta region had a particularly
high number of child laborers engaged in potentially hazardous work,
such as diving into deep waters to untangle fishing nets caught on
submerged tree roots. Girls in the region also engaged in work as
domestic servants, cooks, servers, and porters.
Child laborers were poorly paid and physically abused, received
little or no health care, and generally did not attend school.
According to government labor officials and the Ghana Employers
Association, child labor problems were infrequent in the formal labor
sector.
The law prohibits forced and compulsory labor by children; however,
during the year children were forced to work or were reportedly sold,
leased, or given away by parents to work in fishing villages, shops, or
homes. It was difficult to determine the extent to which forced and
bonded labor by children was practiced.
There were newspaper reports of children being sold into
involuntary servitude for either sexual exploitation or labor, such as
10- to 12-year-old boys working for fishermen in exchange for a yearly
remittance to their families. The practice often involved the consent
of their generally impoverished parents. The media run regular stories
about children in involuntary servitude, particularly as street hawkers
and porters. Also see the Department of State's annual Trafficking in
Persons Report at www.state.gov/g/tip.
Inspectors from the Ministry of Employment and Social Welfare are
responsible for enforcement of child labor regulations, and district
labor officers and the social services subcommittees of district
assemblies are charged with seeing that the relevant provisions of the
law are observed by annually visiting each workplace and making spot
checks whenever they receive allegations of violations. Inspectors are
required to provide employers with information about child labor
violations and effective means to comply with provisions of the Labor
Act. However, the Government did not provide sufficient resources to
law enforcement and judicial authorities to carry out these efforts.
On September 13, the minister of employment and social welfare
signed the Joint Declaration and Framework of Action with Senator
Harkin, Representative Engel, and representatives from the U.S.
Department of Labor, the Government of Cote d'Ivoire, and the cocoa and
chocolate industry to reaffirm and further extend implementation of the
Harkin-Engel Protocol. The protocol requires governments to prohibit
the worst forms of child labor and to take immediate action towards
eliminating it.
In October the cabinet approved the 2009-2015 National Plan of
Action for the Elimination of the Worst Forms of Child Labor. The
Government worked closely with NGOs, labor unions, and the cocoa
industry to eliminate the worst forms of child labor in the cocoa
industry.
During the year the Ministry of Women and Children's Affairs
conducted seminars on child labor to educate the media, police, civil
servants, and the general public.
The ILO's International Program on the Elimination of Child Labor,
government representatives, the Trade Union Congress, the media,
international organizations, and NGOs continued to build upon the
National Plan of Action for the Elimination of Child Labor in Ghana by
increasing institutional capacity to combat child labor. In October the
MESW relaunched the National Steering Community on Child Labor,
consisting of over 40 representatives from government, the ILO, labor
unions, and development partners. In November the MESW unveiled a new,
integrated child labor monitoring system. Education and sensitization
workshops were conducted with police, labor inspectors, local
governments, and communities.

e. Acceptable Conditions of Work.--A National Tripartite Committee
composed of representatives of the Government, labor, and employers
sets daily minimum wages. The daily minimum wage of 3.11 cedis ($2.19)
during the year did not provide a decent standard of living for a
worker and family. Furthermore, there was widespread violation of the
minimum wage law in the formal sector, and there was no official
minimum wage for the growing informal labor force. In most cases
households had multiple wage earners, and family members often engaged
in family farming or other family-based commercial activities. The
Ministry of Employment and Social Welfare was unable to enforce this
law effectively.
The Fair Wages and Salaries Commission was charged with ensuring
fair, transparent, and systematic implementation of the public service
pay policy; advising the Government on matters related to salaries,
wages, grading, classification, job analysis, and job evaluation; and
ensuring that decisions on those issues are implemented.
The law sets the maximum workweek at 40 hours, with a break of at
least 48 consecutive hours every seven days. Workers were entitled to
at least 15 working days' leave with full pay in a calendar year of
continuous service or after having worked at least 200 days in a
particular year. However, such provisions apply neither to task workers
or domestic workers in private homes, nor elsewhere in the informal
sector.
Occupational safety and health regulations exist, and the Factories
Department within the MESW was responsible for imposing sanctions on
violators. Employers who failed to comply were liable to a fine not
exceeding 1,000 penalty units, to imprisonment for a term not exceeding
three years, or both. The law requires that employers report, no later
than seven days from the date of occurrence, occupational accidents,
and diseases. In practice safety inspectors were few and poorly
trained, and they lacked the resources to respond effectively to
violations. Inspectors did not impose sanctions or otherwise respond to
violations during the year.
In September 2008 the CHRAJ issued a report entitled The State of
Human Rights in Mining Communities in Ghana, which provided evidence of
widespread violations of human rights in mining areas of the country.
The report documented abuses by the security services in mining areas,
particularly of galamseys, independent, artisanal miners whose
operations sometimes conflict with larger, concessionary miners. The
report also notes that environmental damage from mining, especially to
water resources, has affected public health and caused loss of
livelihoods. Blasting at mine sites also caused damage to private
property.
The report cited examples of private and government security forces
abusing small-scale miners. In the Obuasi area in the western region,
independent miners suspected of stealing equipment from a nearby mine
were arrested and beaten by security service members.

__________

GUINEA

Guinea is a republic with a population of approximately 10 million.
In June and November the country held two rounds of presidential
elections which resulted in the election of longtime opposition leader
Alpha Conde, the candidate of the Rally of the Guinean People Party
(RPG). In December, Conde was inaugurated as the country's first
democratically elected president since independence from France in
1958. While the elections were generally regarded as free and fair, the
second round was accompanied by widespread violence. Prior to Conde's
inauguration, Guinea was headed by a transition government led by
interim president General Sekouba Konate, the former defense minister
in military junta that seized control of the country in 2008 after the
death of former president Lansana Conte. The military junta, under the
leadership of Captain Moussa Dadis Camara, suspended the constitution
and dismissed the National Assembly. In December 2009 a failed
assassination attempt rendered Camara medically unable to lead the
country. Camara's sudden departure led to the installation of a
transition government on January 15, pursuant to the Ouagadougou
Accord, which called for a return to civilian rule by mid-2010. The
Accord was signed by Burkinabe President Blaise Campaore (mediator from
the Economic Community of West African States), former interim
president Konate, and Captain Dadis Camara, who was recuperating in
Burkina Faso. In late January, Konate appointed opposition leader Jean
Marie Dore prime minister. On February 16, Dore appointed a National
Transitional Council (CNT) as the country's legislative body. The CNT,
which had equal representation from civil society, political parties,
and the former junta regime, promulgated a new constitution on May 7.
Security forces did not report to civilian authorities under the rule
of the transition government.
Human rights problems included: the use of excessive force by
security forces resulting in civilian deaths and injuries; vigilante
killings and ethno-religious violence; torture and abuse of prisoners,
including rape; inhumane and life-threatening prison conditions;
arbitrary arrests; prolonged pretrial detention; incommunicado
detention; lack of judicial independence; official corruption;
restrictions on freedom of speech, press, assembly, association, and
movement; attacks on human rights workers; sexual violence against
women and girls; societal discrimination against women; and female
genital mutilation (FGM). Ethnically based harassment by civilian
supporters of opposition political parties was also a problem.
Trafficking in persons, ethnic discrimination, and forced labor,
including by children, occurred.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--Security forces,
including the Special Force for a Safe Electoral Process (FOSSEPEL), an
election security force consisting of police and gendarmes, generally
acted with restraint in quelling violent demonstrations before and
after the second round of presidential elections on November 7;
however, use of excessive force, including live ammunition, resulted in
deaths and injuries.
On October 22 and 23, FOSSEPEL's efforts to quell violent clashes
between supporters of RPG presidential candidate Alpha Conde, and
Cellou Dalein Diallo, the candidate of the Union of Democratic Forces
of Guinea (UFDG), resulted in one death and 26 injuries. Doctors told
Amnesty International that some of the dead bodies examined from the
October 22 and 23 clashes showed that ``people had been hit in the
head, the abdomen, the thorax, and the back of the head,'' indicating
security forces sometimes used lethal force to disperse demonstrators.
On November 17, a member of FOSSEPEL shot and killed a 20-year-old
student, Mamadou Abdoulaye Bah, who was visiting friends in a Cosa
neighborhood, according to the international nongovernmental
organization (NGO) Human Rights Watch (HRW).
Deaths in custody also occurred.
On November 15, the body of Michel Lazare Loua was delivered to a
hospital morgue in Conakry, according to HRW. Loua had been arrested on
October 26 by gendarmes from Matoto Gendarmerie for alleged coup-
plotting. In an October 28 letter, judicial authorities reminded the
commander of the Matoto Gendarmerie of the 48-hour limit for pretrial
detention, but were warned by the gendarmes to desist from pursuing the
case, according to HRW. Despite subsequent efforts by judges with
jurisdiction over the case and Loua's own lawyers to have Loua's
dossier transferred from the gendarme squadron to the relevant judicial
authority, Loua remained in custody of the gendarmes until his death.
HRW stated that Loua's medical report noted signs of severe
mistreatment, including bruising and swelling of the head, back, and
wrists.
While the transition government began an investigation into the
September 2009 massacre of prodemocracy protestors in Conakry's main
soccer stadium, no perpetrators were arrested or prosecuted by year's
end. At least 157 demonstrators were killed when members of the elite
Presidential Guard surrounded the stadium, blocked entrances, and used
guns and bayonets on the demonstrators. Nearly 100 women and girls were
raped during the attack. None of the bodies reportedly buried by
security forces in mass graves was exhumed during the transition
government's tenure.
No investigation was conducted or action taken against military
personnel responsible for civilian and military killings following the
December 2009 attempted assassination of former junta leader Dadis
Camara. Killings resulted from a military crackdown during its search
for suspected attempted assassin Lieutenant Aboubacar ``Toumba''
Diakite, who remained at large at year's end. Eyewitnesses told
journalists that persons were shot in the streets as they fled from
patrols; an unconfirmed number of persons died as a result.
Unlike in the previous year, there were no reports that transition
government officials endorsed or encouraged vigilante killings. In
February 2009 Dadis Camara issued a proclamation authorizing the use of
lethal force against anyone engaged in drug trafficking, money
laundering, armed robbery, or trafficking in children. In June 2009
Moussa Tiegboro Camara, the former junta minister of high crimes and
antidrugs, stated that armed robbers should be burned alive to avoid
overcrowding the prisons.
From February 6 to 8, ethno-religious conflict in the Forest Region
city of N'Zerekore resulted in the deaths of three persons: Joseph
Balamou, who was beaten to death, Yakouba Keita, who was burned to
death in his home, and Djefadima Kante, who died of unknown causes. At
least 38 persons were injured. Local NGOs and media sources claimed the
violence was primarily between Christian Guerze and Muslim Malinke
youth. Security forces in N'Zerekore were unresponsive during the first
day of the violence. On February 7, the head of the gendarmerie sent
reinforcements who arrested an unknown number of civilians, all of whom
were released within 24 hours, according to local NGOs. Unlike in
previous years, there were no reports of abuse by security forces
during the operation.
Violence between political party members resulted in deaths (see
section 3).
Vigilante violence occurred. For example, on November 3, a mob in
the Hafia-Commandaya neighborhood in Conakry beat to death a suspected
burglar.
No action was taken against the perpetrators of vigilante violence
in previous years.

b. Disappearance.--Unlike in the previous year, there were no
reports of politically motivated disappearances under the transition
government.
There were no developments in the disappearance of dozens of
prodemocracy demonstrators following the September 2009 stadium
massacre in Conakry. HRW reported that bodies from the massacre were
buried in mass graves. During the year victims' families formed groups
to demand that the transition government investigate these
disappearances; however, no action was taken by security forces or the
transition government by year's end.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The new constitution and law prohibit such practices;
however, security forces' use of excessive force, including live
ammunition, to quell demonstrations resulted in deaths and injuries
(see sections 1.a. and 3). According to Amnesty International, persons
detained during violent election-related demonstrations faced a high
risk of torture. The transition government seldom took action against
alleged torturers; however, it arrested 22 military and police
personnel for use of excessive force, looting, and inciting violence
during street clashes on November 16, the day after election results
were announced.
Prison guards tortured, beat, raped, and otherwise abused citizens
and detainees. In 2008 the local NGO Terres des Hommes Minors reported
that detainees, including children, were tortured before being
incarcerated.
No investigation was conducted or action taken against the
perpetrators of the September 2009 attacks against prodemocracy
protestors in Conakry's main soccer stadium (see section 1.a.).
No action was taken against security forces responsible for torture
at the military prison on Kassa Island, where security forces used
torture, including possible castration, on inmates. Approximately 100
military personnel were reportedly detained in inhumane conditions in
the prison following the September 2009 stadium attack. In January
former interim president Konate closed the military prison on Kassa
Island; however, detainees were still being held in the facility at
year's end, according to HRW.
Unlike in the previous year, there were no reports that soldiers
ambushed, beat, and kidnapped any foreign ambassadors.
Prison guards used sexual violence to intimidate and brutalize
detainees, although reports of such conduct decreased during the year.
During the September 2009 stadium massacre, members of the Presidential
Guard publicly raped and sexually assaulted with weapons an estimated
100 women. According to human rights organizations and survivors,
approximately 20 women were also kidnapped and raped for several days.
By year's end no perpetrators were punished for these crimes. The
Government made no efforts to rehabilitate rape victims, some of whom
were subsequently shunned by their families and forced to live on the
streets.
Vigilante violence was common, in part due to lack of confidence in
security forces and the judiciary. However, unlike in the previous
year, there were no reports of citizens in N'Zerekore waiting outside
the local prison to attack and burn to death released convicts.
Ethno-religious violence resulted in deaths and injuries,
particularly in the months leading up to the November 7 presidential
election (see sections 1.a. and 3).

Prison and Detention Center Conditions.--Conditions in civilian
prisons, which were under the Ministry of Justice, remained inhumane
and life threatening. Poor sanitation, malnutrition, disease, lack of
medical attention, and poor conditions resulted in dozens of deaths.
Prisoners, including children, were reportedly routinely tortured to
extract confessions or to extort money. Prisoners claimed that guards
routinely threatened, beat, and otherwise harassed them, according to
NGOs.
All prisons were overcrowded. Conakry Prison, which was built to
hold 300, held 1,055 prisoners at the beginning of October. Some
Conakry prisoners reported sleeping on their knees because their cells
were so small. During the year a new prison with greater capacity than
the old one was completed in N'Zerekore. In 2009 approximately 60
prisoners in the old N'Zerekore Prison were squeezed into two small
cells with no access to fresh air or daylight.
Reports from NGOs indicated that prison guards routinely harassed
and sexually assaulted female inmates. A local NGO reported that half
of the female prisoners in Conakry Prison had been beaten or abused
during the year. One NGO reported that prison guards regularly
subjected girls under the age of 18 to sexual exploitation and
harassment in exchange for favors, especially provision of additional
food or water.
Neglect, mismanagement, and lack of resources were prevalent.
Toilets did not function, and prisoners slept and ate in the same space
used for sanitation purposes. Access to drinking and bathing water was
inadequate. Wells ran dry in the dry season, and electric pumps, such
as the one in Conakry Prison, did not function. In 2009 a foreign
observer reported that inmates in Siguiri Prison in the northeast of
the country lacked access to medical care, adequate food and water, and
legal representation--a situation that was common in prisons throughout
the country.
NGOs reported endemic malnutrition throughout the prison system,
which did not deliver food or medicine to inmates. Prison directors
relied on charities, the International Committee of the Red Cross
(ICRC), and NGOs to provide food for inmates. Due to the efforts of
such groups, no prisoners in Conakry Prison died of malnutrition during
the year. Prisoners reported eating one small meal a day consisting
primarily of rice and sauce. Some inmates relied on assistance from
families or friends to maintain their health, but relatives often
abandoned prisoners due to the difficulty and cost of travel to the
prisons. Guards often demanded bribes in exchange for delivering food
to inmates and routinely confiscated food.
Inmates were not tested for HIV/AIDS upon entry into the prisons,
and no statistics on HIV/AIDS infection rates were kept; however, local
NGOs estimated that 15 percent of the prison population was infected.
Lack of medicine in prisons, combined with endemic malnutrition and
dehydration, made infection or illness life threatening. In several
regions prisoners with tuberculosis were held together with uninfected
inmates.
Although there was no data on prisons in the interior of the
country, a prisoner advocacy NGO in Conakry estimated that 18 prisoners
died from poor prison conditions during the year.
Although the Ministry of Justice administered civilian prisons,
military officers and guards managed and staffed the facilities. There
were reports that some prison administrators followed directives from
their military superiors, even when they were in conflict with orders
from the Ministry of Justice. Due to limited funds and personnel
shortages, prisons were largely staffed by untrained and unpaid
``volunteers'' who hoped for permanent entry into the military. This
system was difficult to manage and particularly vulnerable to
corruption and abuse. Some prisoners exercised more power than the
guards, controlling conditions and cell assignments, giving better
conditions to prisoners who were able to pay.
NGOs estimated that 3,800 prisoners (including between 47 and 100
women) were incarcerated in 32 civilian prison facilities nationwide.
Statistics on incarcerated minors held nationwide were unavailable, but
a local NGO reported that 130 minors were incarcerated at Conakry
Prison, of which 14 had never been formally charged or tried, several
had been imprisoned for more than six years, and others had grown up in
the prison. No information was available on the number of children
incarcerated with their mothers nationwide. The transition government
did not provide for children's food, clothing, education, or medical
care in prison.
In most prisons men and women were held separately, but juveniles
generally were held with adults in prisons outside the capital.
Children in Siguiri Prison were housed with adult men and women. Local
NGOs reported that male juveniles were held separately from male adults
at Conakry Prison; however, women and girls were confined together and
not given the same freedoms, including access to fresh air, as their
male counterparts. Pretrial detainees were not separated from convicted
prisoners, and the prison system often was unable to track pretrial
detainees after arrest.
Conditions in military prisons, which were under the Ministry of
Defense, could not be verified since the transition government denied
access to prison advocacy groups and international organizations;
however, unlike in the previous year, international organizations and
NGOs were permitted access to prisons run by the gendarmerie. In 2009
local media reported the use of torture at the military prison on Kassa
Island. While the majority of prisoners detained in the Kassa Island
facility were released after its closure in January, there were reports
that some prisoners still remained, one of whom was reportedly beaten
during the year.
Gendarmerie prisons were commonly used to hold civilian detainees
while they were being processed for transfer to civilian facilities;
however, such temporary detentions could last anywhere from a few days
to several months.
Prisoners and detainees were not permitted reasonable access to
visitors or granted religious observance. Authorities did not permit
prisoners and detainees to submit complaints to judicial authorities
without censorship or request investigation of credible allegations of
inhumane conditions. Prisoners and detainees have the right to submit
complaints, but seldom exercised that right due to fear of reprisals by
prison guards and the gendarmerie. Prison authorities did not
investigate credible allegations of inhumane prison conditions, nor has
the Government investigated or monitored prison or detention center
conditions.
The country has no ombudsman to serve on behalf of prisoners and
detainees to consider alternatives to incarceration for nonviolent
offenders, monitor the status and circumstances of confinement of
juvenile offenders, or improve pretrial detention, bail, and
recordkeeping procedures to ensure prisoners are not held beyond their
maximum sentences. However, the Association for the Support of Refugees
and Displaced Persons in Detention, a local NGO that maintained offices
in all prison facilities, regularly interceded with the Justice
Ministry and prison officials to alleviate overcrowding, improve
pretrial detention, and keep judicial processes moving without the
commonly used tactic of bribery.
The transition government permitted prison visits by local
humanitarian and religious organizations that offered medical care and
food for those in severe need.
The ICRC was allowed regular access to all civilian detention
facilities; however, no international or local organization was
permitted access to military detention facilities. The ICRC continued
partnership programs with prison and security authorities to improve
civilian prison conditions.

d. Arbitrary Arrest or Detention.--The new constitution and law
prohibit arbitrary arrest and detention, but the transition government
did not observe these prohibitions.

Role of the Police and Security Apparatus.--The gendarmerie, a part
of the Ministry of Defense, and the National Police, under the Ministry
of Security, share responsibility for internal security. The army is
responsible for external security but also plays a role in domestic
security. FOSSEPEL, a 16,000-member unit composed of police and
gendarmes, was created in May to ensure security during the elections
and was under the Ministry of Security. The code of penal procedures
permits the military, FOSSEPEL, the gendarmerie, and police forces to
make arrests; however, only the gendarmerie can arrest members of the
military and police forces.
The police force was inadequately staffed and lacked training. In
addition, some police officers were part of a ``volunteer'' corps that
did not receive salaries. Administrative controls over the police were
ineffective, and security forces rarely followed the penal code.
Corruption was widespread, and security forces generally were not held
accountable for abuses of power or criminal activities (see section 4).
Many citizens viewed all the security forces as corrupt, ineffective,
and dangerous.
FOSSEPEL was effective in quelling violence during the first round
of presidential elections in June, and there were no reports of
excessive use of force; however, before and after the November 7
presidential runoff, there were reports of lack of discipline,
excessive force, criminality, and ethnic partisanship by some FOSSEPEL
members (see section 3).
According to the African Organization for the Defense of Human
Rights-Guinea Section (RADDHO-Guinea), 22 military and police personnel
were arrested for use of excessive force, looting, and inciting
violence (see section 1.a.).
During the year the transition government took steps to train and
reform security forces. In July the chief of the gendarmerie signed a
use of force policy that complied with international standards and was
successfully implemented during the electoral period.
There were instances in which security forces failed to prevent or
respond to societal violence. Police did not intervene during February
ethno-religious violence in N'Zerekore. During October 18-19 violent
demonstrations in Conakry, FOSSEPEL did not intervene initially, due in
part to being overwhelmed until police and gendarmerie reinforcements
arrived.

Arrest Procedures and Treatment While in Detention.--The law
requires warrants before an arrest and provides that detainees be
charged before a magistrate within 72 hours; however, many detainees
were arrested without warrants and incarcerated for longer periods
before being charged. The law precludes arrest of persons in their
homes between 4:30 p.m. and 6:00 a.m.; however, night arrests occurred.
After being charged, the accused may be held until the conclusion of
the case, including a period of appeal. Authorities routinely ignored
the legal provision that provides client access to attorneys. Indigent
defendants were not provided attorneys at state expense. Although the
law prohibits incommunicado detention, it occurred in practice. Release
on bail was at the discretion of the magistrate who had jurisdiction.
The law allows detainees prompt access to family members, but such
access was sometimes denied or occurred in the presence of a government
official.
Security forces arbitrarily arrested numerous persons during the
year.
On March 30, at military barracks in Caleah and Forecariah,
military personnel arrested approximately 300 soldiers for suspected
participation in a revolt at the barracks. A majority of the detainees
were released 48 hours after the incident, but 16 remained in detention
in Conakry's main prison without formal charge at year's end.
On June 12, police arrested and detained for 24 hours eight
military officers closely identified with the Dadis Camara regime. No
formal charges were brought against the individuals.
Numerous persons were arrested during violent civilian clashes
before and after the second round of presidential elections on November
7; however, it was difficult to ascertain how many of those were
arbitrarily arrested on the basis their ethnicity and how many were
detained on the basis of credible allegations of criminal acts.
On September 11 and 12, during fighting between UFDG and RPG
supporters in Conakry, numerous persons were arrested and subsequently
released.
During violent demonstrations on October 18 and 19, FOSSEPEL
members arrested 327 protesters, all of whom were released by year's
end. During electoral violence in November, numerous persons were
arrested and subsequently released.
A journalist was arbitrarily arrested during the year (see section
2.a.).
Unlike in the previous year, there were no reports that gendarmes
routinely arrested civilians and detained them at Kassa Island military
prison until they paid bribes for their release (see section 1.c.).
How many of the hundreds of persons who disappeared in the
September 2009 stadium massacre and subsequent government crackdown had
been arrested and detained was unclear. While some detainees arrested
in 2009 were released, an undetermined number remained in detention at
year's end.
The following persons arrested in 2009 were believed to have been
released: 11 detainees held with a journalist at Camp Koundara; 12
military officers arrested in January; three military personnel
detained in April for alleged coup-plotting; and Kader Doumbouya.
On February 5, human rights activist Mouctar Diallo was released
(see section 5).
On February 23, Sadou Diallo and Toussaint Tichissambou, detained
in July 2009 by the then-minister of high crimes and antidrugs Tiegboro
Camara, were released and all charges dropped.
On March 3, Ahmed Kante, a former minister of mines accused of
misappropriation of state funds, was released after being detained one
year without formal charge.
During the year Ousmane Conte and three associates, all of whom
were arrested in November 2009, were released.
On May 15, Prime Minister Dore announced that nearly 200 prisoners
detained without charge would be released. Among those released were
women and children as well as several military officials arrested by
the former military junta. It was unclear how many detainees were
released as a result of the prime minister's declaration.
Judicial inefficiency, corruption, and lack of political will
contributed to prolonged pretrial detention. Local and international
NGOs estimated that 85 percent of all prisoners were awaiting trial.
Many detainees remained in prison for more than 10 years without trial.

e. Denial of Fair Public Trial.--The new constitution and law
provide for an independent judiciary; however, the judicial system
lacked independence and was underfunded, inefficient, and overtly
corrupt (see section 4). Budget shortfalls, a shortage of qualified
lawyers and magistrates, and an outdated and restrictive penal code
limited the judiciary's effectiveness. The Government largely ignored
the judiciary.
A military tribunal prepares and adjudicates charges against
accused military personnel, to whom the penal code does not apply,
although military courts provide the same rights as civil courts.
Civilians were not subject to military tribunals.
Many citizens wary of judicial corruption preferred to rely on
traditional systems of justice at the village or urban neighborhood
level. Litigants presented their civil cases before a village chief, a
neighborhood leader, or a council of ``wise men.'' The dividing line
between the formal and informal justice systems was vague, and
authorities sometimes referred a case from the formal to the
traditional system to ensure compliance by all parties. Similarly, if a
case was not resolved to the satisfaction of all parties in the
traditional system, it could be referred to the formal system for
adjudication. In the traditional system evidence given by women carried
less weight.

Trial Procedures.--Trials are public, and juries are used for
criminal cases. Defendants have the right to be present and to consult
with an attorney in a timely manner. Defendants have the right to
confront and question prosecution witnesses and to present witnesses
and evidence on their behalf. The prosecution prepares a case file,
including testimonies and evidence, and provides a copy for the
defense. The law provides for the presumption of innocence of accused
persons, the independence of judges, the equality of citizens before
the law, the right of the accused to counsel, and the right to appeal a
judicial decision; however, these rights were not consistently observed
in practice. Although the transition government was responsible for
funding legal defense costs in serious criminal cases, in practice it
rarely disbursed funds for this purpose. The attorney for the defense
frequently received no payment.
Lack of due process sometimes resulted in unenforceable judgments.
For example, in September the president of the Dixin Court found two
members of the Independent National Electoral Commission (CENI) guilty
of fraud and sentenced them to one year in prison and a fine of two
million Guinean Francs ($434) (see section 3). Since the proceedings
did not comply with the law, the judgment was not legally enforceable,
and neither of the CENI members had been arrested by year's end.

Political Prisoners and Detainees.--The transition government
denied the existence of political prisoners or detainees during the
year. According to HRW, however, the Kassa Island facility still held
detainees at year's end, including civilian Souape Kourouma and
military officers Colonel David Sylla, Colonel Sekou Fadiga, and
Captain Issa Camara; all were being detained without charge for alleged
coup-plotting. According to witnesses who saw the men in detention,
none was granted access to a lawyer or had been brought before a judge,
and Kourouma claimed to have been beaten.
Under the junta government in 2009, political prisoners were
reportedly held either at the Kassa Island military prison or at
Conakry Prison, where they were separated from the general population.
Following the September 2009 massacre and subsequent government
crackdown, there also were reports of an unknown number of political
detainees being held at Camp Alpha Yaya.

Civil Judicial Procedures and Remedies.--The law provides for a
judicial procedure in civil matters, including lawsuits seeking damages
for human rights violations; however, it was neither independent nor
impartial, and decisions were often influenced by bribes and based on
political and social status. There were no lawsuits seeking damages for
human rights violations during the year. In practice domestic court
orders were often not enforced.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The new constitution and law provide for the
inviolability of the home and require judicial search warrants;
however, police reportedly ignored legal procedures in the pursuit of
criminals or when it served their personal interests. Unlike in the
previous year, there were no reports that soldiers entered private
residences and businesses to extort money and rob or threaten
civilians.
Following the state of emergency imposed on February 17, the
transitional government ordered cellular companies to block text
messaging, which had been used to coordinate demonstrations. In 2009
the junta government blocked text-messaging capabilities during
political unrest.
Unlike in the previous year, there were no reports that security
forces arrested the family members of detainees or persons it sought to
detain.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The new constitution and law
provide for freedom of expression and of press; however, the transition
government sometimes restricted these rights. Some journalists
continued to practice self-censorship, although less so than in
previous years.
During the year the transitional government enacted a new law that
replaces prison terms for journalists with the following fines: between
one million and five million Guinea francs ($217 and $1,086) for
defamation, slander, and seditious talk against government officials;
between 500,000 to 20 million Guinea francs ($108 to $4,347) for
defamation relating to the nationality, race, or religion of a person
or group; and between 500,000 to two million Guinea francs ($108 to
$434) for incitement, condoning murder, or disseminating material
against public modesty and morals. According to Boubacar Algassimou
Diallo, political editor of the private weekly Le Lynx, ``the fines are
so high that journalists think they prefer prison.''
Citizens could generally criticize the Government publicly and
privately without fear of reprisal.
Despite the limited reach of the print media due to low literacy
rates and high prices of newspapers, the independent media were active
and expressed a wide variety of views without official restrictions.
The National Communications Council (CNC) provided financial subsidies
to independent media organizations.
There were 13 private newspapers published weekly in Conakry, and
approximately 100 other publications appeared sporadically; technical
difficulties and high operating costs impeded regular publication. Two
private newspapers were published irregularly in the regions of Labe
and Kankan. Foreign publications, some of which criticized the
Government on a regular basis, were available both in print and
electronic format.
Unlike in the previous year, there were no reports that security
forces beat and tortured journalists who criticized the Government.
There also were no reports that the transitional government excluded
independent media from government meetings or that security forces
assaulted independent journalists who tried to attend.
No action was taken against members of the Presidential Guard who
in March 2009 whipped, kicked, and robbed an independent reporter who
was covering a clash between soldiers and youth protestors over the
sale of a soccer field.
On May 10, a journalist from The Independent newspaper was arrested
and detained for two days without formal charge. He was released on May
12.
On February 5, the transition government released human rights
activist Mouctar Diallo, whom the military junta had arrested in
November 2009 for criticizing the junta (see section 5).
Media sources admitted self-censorship during the country's
transition period and collectively signed a ``code of good conduct''
that highlighted the importance of national unity during the fragile
transition period. For several months after the assassination attempt
on junta leader Dadis Camara and the creation of the transition
government, journalists continued to prefer to publish human-interest
pieces and other innocuous stories, although the press became far more
vigorous once presidential campaigning began in earnest.
Radio remained the most important source of information for the
public, and numerous private stations broadcast throughout the country.
Unlike in the previous year, the transitional government permitted
political parties and religious institutions to own media outlets and
did not restrict programming on political and religious subjects. The
CNC did not suspend political discussion on the radio, and state media
provided equal coverage of all 24 political parties during the
election.
During the first round of presidential elections, the media was
allowed access to all polling stations. However, during both rounds of
presidential elections, the transition government forbade the private
media from reporting election results, claiming that reporting voting
percentages could upset national unity.

Internet Freedom.--There generally were no government restrictions
on access to the Internet or reports that the transition government
monitored e-mail or Internet chat rooms. Individuals and groups could
engage in the peaceful expression of views via the Internet, including
by e-mail. The Internet was available in the capital city and in a few
larger towns, but less than 1 percent of the country's inhabitants used
it, according to 2009 International Telecommunication Union statistics.
Cost, illiteracy, and lack of availability remained major constraints
to Internet use.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The new constitution provides for freedom of assembly and
association; however, the law imposes restrictions, and the
transitional government restricted these rights during the year.
The law restricts freedom of assembly and bans any meeting that has
an ethnic or racial character or any gathering ``whose nature threatens
national unity.'' The transition government required 72-working-hour
advance notification for public gatherings. The law permits local
authorities to cancel a demonstration or meeting if they believe it
poses a threat to public order. Authorities may also hold event
organizers criminally liable if violence or destruction of property
ensues.
On six occasions during the year the transition government banned
public protests in the wake of election violence, claiming that public
gatherings threatened national security. All political parties agreed
to the bans, which the population generally respected.
During the year security forces used tear gas, batons, and live
ammunition to disperse violent demonstrations, resulting in deaths and
injuries (see sections 1.a. and 3).

Freedom of Association.--The new constitution and law provide for
freedom of association, and, unlike in previous years, the Government
generally respected this right in practice. Requirements to obtain
official recognition for public, social, cultural, religious, or
political associations were not cumbersome, although bureaucratic
delays sometimes impeded the registration of new associations.

c. Freedom of Religion.--For a discussion of religious freedom, see
the 2010 International Religious Freedom Report at www.state.gov/g/drl/
irf/rpt.

Internally Displaced Persons (IDPs).--Hundreds of persons were
displaced during the year as a result of election-related violence or
fear of such violence.
In early November a suspected poisoning of dozens of RPG supporters
during a meeting in Conakry spurred ethnically motivated attacks
against members of the Peuhl ethnicity in at least four towns,
according to HRW (see section 3). According to the ICRC, the violence
resulted in the displacement of at least 2,800 persons. In response the
Government dispatched additional security forces to protect those who
had been displaced and their property; the transitional government also
allowed those who were displaced to vote away from their assigned
polling station during the second round of presidential elections. None
of the IDPs returned to their homes by year's end.
Following the November 15 announcement of provisional election
results by CENI, hundreds of Malinke in Middle Guinea left their homes,
although most returned by year's end.

Protection of Refugees.--There is a government-established system
providing protection to refugees through an advisor on territorial
issues within the Ministry of Territorial Administration. In practice
the transition government generally provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened.
The country was a place of refuge for asylum seekers from
neighboring countries, including Liberia, Sierra Leone, Cote d'Ivoire,
and Guinea Bissau. At year's end the UNHCR and the National Bureau for
Refugee Coordination estimated that the total refugee population was
15,325, the majority of whom were Liberians. At year's end the UNHCR
reported that only two refugee camps remained operational.
The transition government, in coordination with the UNHCR, assisted
the safe, voluntary return of Liberian refugees to Liberia and
facilitated local integration for Liberian refugees unwilling or unable
to return to their homes. Most of the aid for local integration
consisted of a small plot of land in the Forest Guinea Region near
N'Zerekore, as well as a written letter of introduction from the
national government soliciting local businesses to hire integrated
former refugees. However, many refugees viewed the assistance as
inadequate.
During the year the transition government, with the UNHCR,
continued to facilitate the local integration of approximately 1,500
Sierra Leonean refugees whose refugee status had been revoked by a
panel chaired by the UNHCR.
During the year the transition government continued to provide
temporary protection to approximately 66 individuals of various African
nationalities who may not qualify as refugees under the 1951 Convention
relating to the Status of Refugees or its 1967 Protocol.
Tension continued between host communities and refugee populations
because of disparities in living standards and tribal conflicts,
although these tensions were less apparent than in previous years.
Economic decline in the country continued to exacerbate situations
where refugees received basic services and opportunities unavailable to
citizens. The UNHCR continued to offer financial support for the
rehabilitation of communities severely affected after 18 years of
hosting refugees.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The new constitution provides citizens the right to change their
government peacefully, and citizens partially exercised this right
during the year in two rounds of presidential elections, from which
UFDG candidate Alpha Conde emerged as the victor; however,
irregularities, political and ethnic violence, and incidents of
excessive force by security forces responding to the violence marred
the election's credibility.
In accordance with the Ouagadougou Accord, the CNT was formed in
February to act as the legislative body until legislative elections
were held. Composed of representatives from civil society, political
parties, security forces, unions, youth groups, and educators, the CNT
during the year rewrote the constitution, the electoral code, and the
media code to define a new government with significantly less power for
the president.

Elections and Political Participation.--On June 27, UFDG candidate
Cellou Diallo and RPG candidate Alpha Conde emerged as the front-
runners in the first round of presidential elections, which
international observers characterized as credible and free. FOSSEPEL
defused a few clashes between supporters of different political parties
quickly and with minimum force. Political party candidates could freely
declare their candidacy and stand for elections, and there were no
government restrictions focused on any one party. Each of the 24
candidates was allotted equal access to the media, and several observer
groups stated that media coverage leading up to the first round of
elections was neutral. The 24 candidates represented all of the
country's major ethnic groups and many of its smaller ethnic groups as
well.
The second round of presidential elections, originally scheduled
for September 19, was repeatedly postponed until November 7, due to a
dispute over alleged bias in CENI leadership, inadequate preparation
for the elections, and the theft of laptops provided by the European
Union to tabulate results from polling stations. International donors
quickly replaced the laptops.
On November 7, the second round of presidential elections,
originally scheduled for September 19 and postponed to October 10 and
October 24, was held. On November 14, before election results were
announced, Diallo declared that he would not accept the outcome of the
vote. This was largely because the CENI refused to disqualify ballots
from two contested prefectures where minority Peuhls were unable to
vote due to ethnically motivated attacks against them in October; one
Peuhl was killed, and Peuhl residents fled (see section 2.d.). On
November 15, CENI announced the provisional results of the election,
which gave Alpha Conde the victory with 52.52 percent of the vote.
International observers characterized the election as generally free
and fair. Diallo subsequently challenged the results in the Supreme
Court, and two days of violence between UFDG and RPG supporters ensued.
On November 17, the transitional government declared a state of
emergency and a dusk-to-dawn curfew; the curfew was withdrawn on
December 3, when the Supreme Court validated the election results.
Election-related violence, which occurred sporadically during the
year, was largely drawn along ethnic lines between Diallo's Peuhl
supporters and Conde's supporters--mostly Malinke, Soussou, and
residents of the Forestier Region. Deaths and injuries resulted from
the violence.
On June 25, in Coyah, fighting between UFDG and RPG resulted in two
deaths. On September 11 and 12, in Conakry, two youths were killed
during fighting between UFDG and RPG supporters. One youth was killed
by a rock and the other by a bullet shot by an unidentified
perpetrator.
Beginning in October some members of FOSSEPEL, which was dominated
by ethnic groups that supported the RPG and Alpha Conde, were drawn
into the violence.
On October 18 and 19, gendarmerie and FOSSEPEL personnel used tear
gas and batons to disperse thousands of predominantly UFDG youth who
were protesting CENI leadership. The demonstrators, who numbered in the
thousands, blocked traffic with burning tires and threw stones at
passing vehicles. Numerous persons were injured, and approximately 100
of the 327 persons arrested during the two-day clash remained in prison
without formal charge at year's end.
In late October violence again erupted between UFDG and RPG
supporters. According to HRW, some FOSSEPEL members beat and assaulted
party supporters, chased some into their homes and workplaces, and used
the unrest as a pretext to loot shops and commit criminal acts,
including theft of mobile phones, money, and other goods. Approximately
30 persons detained by security forces described being slapped, kicked,
whipped, burned, and beaten with batons and rifle butts as they were
being detained by security force members on the street, at their home
or jobs, or in one of several gendarme and police facilities. HRW also
documented the rape of six women by soldiers in the town of Labe; the
transition government did not take action against these soldiers by
year's end.
Witnesses described how some FOSSEPEL officers targeted individuals
for abuse and theft on the basis of their ethnicity, using racial
threats and warning them not to vote for a particular party.
On November 16 and 17, following the November 15 announcement of
Conde's victory, violence again erupted between supporters of Diallo
and Conde. Mobs of youths and men armed with rocks, sticks, iron bars,
knives, machetes, and, in a few cases, small swords and hammers
attacked supporters on both sides of the ethnic-political divide.
However, in Conaky, HRW documented considerably more attacks by Peuhl
youths on members of communities they believed supported Conde than the
reverse. Conakry residents described being attacked in their homes,
dragged out of their cars and beaten, singled out for abuse due to
their ethnicity at informal checkpoints, and, in at least three cases,
raped. Witnesses described how mobs vandalized and sometimes burned
houses, cars, or furniture. Those who suffered the most serious
violence were from ethnic groups that were a clear minority in a given
neighborhood. Many families fled their homes.
While security forces sought to quell the violence in the cities of
Conakry, Dalaba, and Labe, they failed to provide equal protection to
all citizens, according to HRW. In some cases FOSSEPEL used lethal
force to suppress violence by members of the Peuhl ethnic group. There
were reports that security force members used ethnic slurs against
members of the Peuhl ethnic group, collaborated with civilian mobs from
ethnic groups that largely supported Conde, and in several cases looted
and stole property from persons who were perceived to have supported
Diallo.
In November, HRW took in-depth statements from 16 victims of
gunshot wounds, 12 of whom described seeing security force members
either shooting directly at them, or near them; the other four were
injured by stray bullets fired by security forces. The local hospital
where the vast majority of victims were taken informed HRW that it
treated 84 individuals for gunshot wounds. Some of the injured admitted
that they had engaged in violence and thrown rocks at the security
forces, but the majority denied involvement in violence and said they
had been shot in or near their homes by security forces members who
stormed houses and compounds looking for youths who had fled after
being dispersed by tear gas. Some of the youths also described being
shot by security forces conducting foot or vehicular patrols after the
violence had calmed down. Several men were shot, including two who
died, during periods of relative calm when the men had ventured out to
buy water or supplies or to visit family members.
There were also unconfirmed reports that military personnel
attempted to impersonate FOSSEPEL officers and disrupt political
rallies. There were also unconfirmed reports that ethnic partisans
masqueraded as FOSSEPEL officers to inflict harm on members of opposing
groups.
There were 36 women in the 155-seat CNT, including the CNT
president. Six of 13 cabinet ministers were women, and there were two
female justices on the Supreme Court. Minority ethnic groups were
represented in CENI, the CNT, and the cabinet.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the transition government did not implement the law
effectively, and officials frequently engaged in corrupt practices with
impunity. Corruption remained widespread throughout all branches of
government. The World Bank's most recent Worldwide Governance
Indicators reflected that corruption was a severe problem. Public funds
were diverted for private use or for illegitimate public uses, such as
buying expensive vehicles for government workers. Land sales and
business contracts generally lacked transparency.
Security force corruption was endemic. Members of the military
targeted and robbed business owners and coerced others into paying
bribes. Police ignored legal procedures and extorted money from
citizens at roadblocks.
The judicial system was endemically corrupt. Magistrates were civil
servants with no assurance of tenure, and judicial authorities
routinely accepted bribes in exchange for favorable rulings.
During the year no high-profile corruption cases were prosecuted,
and officials arrested in 2009 and charged with corruption were
released.
On March 24, seven persons arrested in May 2009 for allegedly
trafficking narcotics were released without formal charge, including a
former chief of the armed forces staff, former director general of the
National Committee of Antidrugs, the former secretary general of the
committee, and two other high-ranking military officials. Court
proceedings against the individuals started in February, but all
charges were eventually dropped when the court proceedings turned into
a public spectacle against the junta regime and Tiegboro Camara, who
arrested the individuals in May 2009.
Public officials were not subject to public disclosure laws.
There is no law providing free access to government information.
Unlike in the previous year; however, the transition government
routinely publicized the deliberations of cabinet meetings and
presidential activities.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. During the year the
transition government created an Independent National Institution for
Human Rights, which was charged with promoting human rights throughout
the country. The transition government met with domestic NGO monitors,
but seldom responded to their inquiries, reports, or recommendations
during the year. Security forces attacked a prominent human rights
worker during the year.
Independent human rights NGOs included RADDHO-Guinea and the
Association for the Support for Refugees and Displaced Persons in
Detention.
On October 23, human rights defender Mamadou Aliou Barry was
attacked and beaten while trying to stop members of the security forces
from attacking a group of youths in Hamdalaye, a suburb of Conakry.
Barry had traveled to the area after hearing reports that gendarmes and
members of the presidential guard were beating residents and ransacking
homes and stores. Barry, who was detained with approximately 15 men,
suffered a broken arm and numerous contusions. According to Barry,
security force members told him, ``You, the Peuhl, will not be allowed
to vote. We will detain you and keep you here.you will not be in power,
we will crush you.''
On February 5, Mouctar Diallo, the president of a local human
rights organization, was released and all charges dropped. Diallo, who
was arrested in November 2009, was reportedly being held for
criticizing the junta.
The transition government facilitated visits by a number of
international human rights NGOs and generally cooperated with such
organizations; however, none were permitted access to military prisons.
The transition government generally cooperated with international
governmental organizations and permitted visits by UN representatives.
Authorities permitted and facilitated visits by members of the
International Criminal Court, who were investigating human rights
abuses committed by government officials in 2009. The transition
government also cooperated in the creation of a UN office for human
rights in Conakry, as suggested by the UN Commission of Inquiry Report
on the September 2009 violence.
Despite promises, however, the transition government did not allow
an independent investigation into the September 2009 stadium massacre.
Due to lack of funds and political will, an independent commission
of inquiry, established in 2007 to investigate human rights abuses
committed by security forces during the 2007 general strike, had not
begun its investigation by year's end.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law states that all persons are equal before the law regardless
of gender, race, ethnicity, language, beliefs, political opinions,
philosophy, or creed; however, the transition government did not
enforce these provisions uniformly.

Women.--Rape is a criminal offense but was rarely prosecuted.
Authorities were reluctant to pursue criminal investigations of alleged
sexual crimes, and there were no reports of prosecutions of rapists,
although police records indicated 50 persons were arrested for rape
during the year. Spousal rape is neither punished nor regarded as a
criminal offense. Social beliefs and fear of being ostracized prevented
most victims from reporting incidents of rape. According to a 2003
study, victims of sexual assault constituted more than 20 percent of
women treated in a local hospital. Experts reported that the situation
had not changed significantly. Many of these assaults were perpetrated
by a person the victim knew, and often took place at school; more than
half the victims were young girls. Several local NGOs worked to
increase public awareness and the reporting of such crimes.
Domestic violence against women was common, although estimates of
its prevalence were unavailable. Due to fear of stigmatization and
reprisal, women rarely reported abuse. Wife beating is not addressed
specifically within the law, although charges can be filed under
general assault, which carries penalties ranging from two to five years
in prison and fines ranging from 50,000 to 300,000 Guinea francs ($11
to $65). Assault constitutes grounds for divorce under civil law;
however, police rarely intervened in domestic disputes, and there were
no reports of perpetrators being punished. Local NGOs assisted victims
of domestic violence.
Sexual harassment is not against the law. Women working in the
formal sector in urban areas complained of frequent sexual harassment,
and it was not penalized by employers.
Couples and individuals have the right to decide freely on the
number, spacing, and timing of their children and generally had access
to information on how to do so without fear of discrimination,
coercion, or violence. In 2008 the maternal mortality ratio was 680
deaths per 100,000 live births. Nine percent of women of reproductive
age used a modern method of contraception. Women generally had equal
access to diagnoses and treatment for sexually transmitted infections,
including HIV. However, cultural norms and taboos reportedly dissuaded
individuals from taking advantage of opportunities to learn about
reproductive health or seeking health services for sexually transmitted
infections.
The law generally provides for equal treatment of men and women;
however, traditional law discriminates against women and sometimes took
precedence over formal law, particularly in rural areas. Formal law
regarding inheritance also discriminates against women. The Ministry of
Social Affairs and Women's and Children's Issues worked to advance
legal equality for women; however, women faced discrimination
throughout society, particularly in rural areas, where opportunities
were limited. According to the Organization for Economic Cooperation
and Development (OECD), women under traditional law are entitled to
hold land only on a usufruct basis, which authorizes them to work
family-owned land and draw a wage, but not to own the land. Women also
had difficulty obtaining loans, according to the OECD.
Government officials acknowledged that polygyny was a common
practice. Divorce laws generally tend to favor men in awarding custody
and dividing communal assets. Legal evidence given by women carried
less weight than testimony by men, in accordance with Islamic precepts
and customary law. Although the principle of equal pay for equal work
exists, in practice women received lower pay than men. No steps were
taken to implement the 2007-2011 action plan on women's empowerment.

Children.--Citizenship can be derived by birth, marriage,
naturalization, or parental heritage. The transition government did not
systematically register births and issue birth certificates, leaving a
significant number of children without official documentation and
thereby impeding their access to school and health care.
Government policy provides for tuition-free, compulsory primary
school education for six years; however, enrollment rates were
generally low by international standards. While girls had equal access
to all levels of primary and secondary education, social norms and
practices resulted in significantly lower attendance rates at the
secondary level.
Child abuse was a problem. Ritual murders occurred, although the
extent of the practice was unknown due to cultural taboos and a general
unwillingness to speak on the subject. Unlike in previous years, there
were no arrests in connection with ritual killings.
On March 16, a three-year-old child was abducted from his Conakry
home and killed. His throat was cut, his eyes removed, and his abdomen
slit open in a manner reportedly consistent with ritualistic ceremonies
involving human sacrifice. The alleged killer and accomplice were being
held in Conakry Prison and were awaiting trial at year's end.
FGM was practiced widely in all regions among all religious and
ethnic groups, primarily on girls between the ages of four and 17;
infibulation, the most dangerous form of FGM, was rarely performed. The
Coordinating Committee on Traditional Practices Affecting Women's and
Children's Health (CPTAFE), a local NGO dedicated to eradicating FGM
and ritual scarring, reported high rates of infant mortality and
maternal mortality due to FGM. According to a 2005 Demographic and
Health Survey, 96 percent of women in the country had undergone the
procedure. FGM is illegal, and practitioners faced a penalty of three
months in prison and a fine of approximately 100,000 Guinea francs
($21); however, there were no prosecutions during the year.
The transition government cooperated with NGOs in their efforts to
eradicate FGM and educate health workers on the dangers of the
practice. A study conducted by a local NGO during the year reported
that 33 percent of women and 45 percent of men were opposed to FGM,
compared to 19 percent of women and 41 percent of men in 2005. The NGO
TOSTAN was successful in bringing together many communities to declare
their intention to abandon FGM and early or forced marriage.
Recognizing traditional practices that encouraged FGM, TOSTAN helped
establish binding social contracts in which families agreed to accept a
woman who had not undergone FGM to marry one of their sons. Continued
efforts by NGOs to persuade communities to abandon FGM resulted in
thousands of families ending the practice. Urban, educated families
increasingly opted to perform only a slight, symbolic incision on a
girl's genitals rather than the complete procedure.
The legal age for marriage is 21 years for men and 17 years for
women. Although there were no official reports of underage marriage, it
was a problem. Parents contracted marriages for girls as young as 11
years of age in Middle Guinea and the Forest Region. The CPTAFE, in
conjunction with the transition government, local journalists, and
international NGOs, continued to run an education campaign to
discourage underage marriage and reported lower rates than in previous
years. According to the CPTAFE, some families that sanctioned early
marriages nevertheless kept their married daughters in the family home
until they had at least completed secondary school.
Sexual assault of children, including rape, was a serious problem.
Girls between the ages of 11 and 15 years were most vulnerable and
represented more than half of all rape victims. The law prohibits child
pornography, and the country has a statutory rape law.
Street children were pervasive in urban areas, although there were
no official statistics. Many were forced to beg in mosques and markets.
Guinea is not a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--The Jewish community is very small, and there were
no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law does not prohibit
discrimination against persons with disabilities in employment,
education, access to health care, or in the provision of other state
services. There were no official reports of societal or governmental
discrimination against persons with disabilities. The transition
government had not mandated accessibility for persons with
disabilities, and buildings and vehicles remained inaccessible. Few
persons with disabilities worked in the formal sector; some worked in
the informal sector in small family businesses, and many lived by
begging on the streets. The Ministry of Social Affairs is responsible
for protecting the rights of persons with disabilities, but it was
ineffective.

National/Racial/Ethnic Minorities.--The country's population was
ethnically diverse, with three main ethnic groups and several smaller
ethnic groups identifying with specific regions. Three major
ethnicities form the majority of the population: the Soussou in Lower
Guinea, the Peuhl in Middle Guinea, and the Malinke in Upper Guinea.
There were smaller ethnic groups throughout the country. Conakry, other
large urban areas such as Kankan, and the Forest Region were ethnically
heterogeneous.
While the law prohibits racial or ethnic discrimination, ethnic
identification was strong. Mutual suspicion, both inside and outside
the transitional government, affected relations across ethnic lines.
Widespread societal ethnic discrimination by members of all major
ethnic groups was evident in private-sector hiring patterns, in the
ethnic segregation of urban neighborhoods, and in the relatively low
levels of interethnic marriage. Political campaigns capitalized on
ethnic divisions, and divisive ethnic rhetoric spurred civilian clashes
in N'Zerekore, Coyah, and Conakry that resulted in the deaths of at
least seven persons during the year. The transition government and the
CNT implemented several sensitization programs throughout the year to
highlight the importance of peace and unity among ethnic groups. It
also held conferences and purchased radio and television programming to
combat ethnic tensions and to encourage political leaders to avoid
using divisive ethnic rhetoric.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There were no laws
criminalizing sexual orientation, although there were deep social,
religious, and cultural taboos against homosexual conduct. There were
no official or NGO reports of discrimination against individuals based
on their sexual orientation. However, during the opening of the UN
Human Rights office in Conakry, the prime minister announced his belief
that homosexuality is wrong and should be forbidden by law. He also
said that sexual orientation should not be regarded as a basic human
right. There were no lesbian, gay, bisexual, or transgender
organizations active during the year, but there were no legal
impediments to the operation of such groups.

Other Societal Discrimination.--National organizations worked to
end the stigma associated with HIV/AIDS. Most victims of stigmatization
were women, who were frequently abandoned by their families after their
husbands died of AIDS.
Doctors and health workers routinely disregarded medical
confidentiality standards resulting in widespread distrust of testing.
Section 7. Worker Rights

a. The Right of Association.--The law and constitution provide for
the right of employees, except for military and paramilitary personnel,
to form and join independent labor unions, and the transitional
government enforced this right. The labor code requires elected worker
representatives for any enterprise employing 25 or more salaried
workers. Although labor statistics were inadequate, at least 167,000
workers were reportedly unionized.
The law grants salaried workers, including public sector civilian
employees, the right to strike 10 days after their representative union
makes known its intention to strike, and workers exercised this right a
few times over the year. By law arbitration is by consensus and
executed through the Office of the Inspector General of Work within the
Ministry of Labor. In practice, however, employers could impose binding
arbitration. The law prohibits strikes in essential services, including
hospitals, police, the military, transport, radio and television, and
communications.
Unlike in the previous year, the transitional government did not
break up strikes during the year. No investigation was made into the
violent dispersal of a June 2008 police strike, which resulted in the
deaths of 14 police officers.

b. The Right to Organize and Bargain Collectively.--The law
provides that representative workers' unions or union groups may
organize in the workplace and negotiate with employers or employer
organizations, and workers exercised this right in practice. The law
protects the right to bargain collectively for wages and salaries
without government interference. Employers established rules and hours
of work in consultation with union delegates, and this law was
generally respected in practice.
There were no reports of antiunion discrimination during the year.
Employers generally did not interfere in or prohibit labor union
activities. There were no reports of workers being fired because of
labor activity. During a strike in March at a mining company's alumina
refinery in Fria, the transition government sent protective forces to
the area to ensure workers' ability to strike and also to protect the
refinery workers who chose to report to work despite the strike.
There were no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law specifically
prohibits forced or compulsory labor, including by children; however,
there were reports that such practices occurred.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits child labor and the exploitation of vulnerable persons
for unpaid or underpaid labor; however, child labor was a serious
problem. Violators of child labor laws face penalties between six
months to five years in prison and fines between 50,000 to 382,500
Guinea francs ($11 to $82); however, the Government did not enforce the
law.
The minimum age for employment is 16 years, although apprentices
may start to work at 14 years of age. Workers and apprentices under the
age of 18 are not permitted to work at night, for more than 10
consecutive hours, for more than 12 consecutive days, or on Sundays.
The Ministry of Labor maintained a list of occupations in which women
and youth under the age of 18 cannot be employed; however, enforcement
was limited to large firms in the modern sector of the economy.
Child labor occurred most frequently in the informal sectors of
subsistence farming, small-scale commerce, and mining. Many children
were exploited as domestics in the urban sector, as miners, or as farm
or plantation workers. A 2007 HRW report stated that tens of thousands
of girls worked as domestics, many of them for up to 18 hours a day
with little or no compensation. Some girls allegedly suffered beatings,
sexual harassment, and rape. Family members or employers allegedly
forced some to prostitute themselves to earn enough money to survive.
The transition government did not take action when prostitution of
minors was brought to its attention, and it did not monitor child or
adult prostitution.
According to both official and NGO sources, many children between
the ages of five and 16 worked 10 to 15 hours a day in the diamond and
gold mines for minimal compensation and little food. Child laborers
extracted, transported, and cleaned the minerals. Children were
described as living in extreme conditions without access to water or
electricity and exposed to constant threat of disease and sickness.
According to NGOs, the children did not attend school and reportedly
were prevented from contacting their parents. A 2006 study by the NGO
AGRAAD reported that 45 percent of workers at the Dandano gold mine
were children ranging in age from seven to 16, approximately 30 percent
of whom were working with an adult relative in the mine.
Many young Muslim children sent to live with a Koranic teacher
(marabout) for instruction in Arabic and the Qur'an worked for the
teacher as payment. Rural families often sent children to Conakry to
live with family members while they attended school. If the host family
was unwilling or unable to pay school fees, the children sold water or
shined shoes on the streets, and the host family took the money in
exchange for their room and board or simply used the child as a cheap
source of domestic labor.
Although statistical data was unavailable, there were reports that
children were sold into exploitative labor through child trafficking.
The Ministry of Labor is responsible for enforcing child labor
laws, but it conducted no child labor inspections or investigations and
prosecuted no court cases during the year.
The Government continued a public ad campaign against child labor
throughout the country.

e. Acceptable Conditions of Work.--The labor code allows the
transitional government to set a minimum hourly wage enforced by the
Ministry of Labor; however, the Government neither exercised this
provision nor promoted a standard wage. Prevailing wages routinely did
not provide a decent standard of living for a worker and family.
The law mandates that regular work should not exceed 10-hour days
or 48-hour weeks, and it mandates a period of at least 24 consecutive
hours of rest each week, usually on Sunday. Every salaried worker has
the legal right to an annual paid vacation, accumulated at the rate of
at least two workdays per month of work. There also are provisions in
the law for overtime and night wages, which are fixed percentages of
the regular wage. In practice authorities rarely monitored work
practices or enforced these rules.
Teachers' wages were extremely low, and teachers sometimes went six
months or more without pay. Salary arrears were not paid, and some
teachers lived in abject poverty.
The law contains general provisions regarding occupational safety
and health, but the Government did not establish a set of practical
workplace health and safety standards. Moreover, it did not issue any
orders laying out the specific safety requirements for certain
occupations or for certain methods of work that are called for in the
labor code. The Ministry of Labor is responsible for enforcing labor
standards, and its inspectors are empowered to suspend work immediately
in situations hazardous to health; however, enforcement efforts were
sporadic.
All workers, including foreign and migrant ones, have the right to
refuse to work in unsafe conditions without penalty; however, many
workers feared retaliation and did not exercise this right.

__________

GUINEA-BISSAU

Guinea-Bissau* is a multiparty republic with a population of
approximately 1.7 million. In July 2009 Malam Bacai Sanha of the
African Party for the Independence of Guinea and Cape Verde (PAIGC) was
elected president in elections following the assassination of former
president Joao Bernardo Vieira by the military. International observers
declared the holding of the 2009 presidential elections to be free and
fair despite election-related violence preceding the polls. As in the
previous year, there were multiple instances in which elements of the
security forces acted independently of civilian control.
Human rights abuses included beatings and torture; poor conditions
of detention; arbitrary arrest and detention; lack of judicial
independence and due process; interference with privacy; intimidation
of journalists; widespread official corruption, exacerbated by
government officials' impunity and suspected involvement in drug
trafficking; violence and discrimination against women; female genital
mutilation (FGM); child trafficking; and child labor, including some
forced labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--Unlike the previous
year, there were no reports that the Government or its agents committed
arbitrary or unlawful killings, including killings that were
politically motivated.
There were no developments in the cases of the 2009 killings of
former president Vieira and former armed forces chief of staff General
Jose Batista Tagme Na Waie. In March 2009, Na Waie was killed by a bomb
outside his office in military headquarters. Following Na Waie's
assassination, soldiers under the command of Colonel Antonio Indjai
tortured and then hacked Vieira to death with machetes in what was
widely considered retaliation for the killing of Na Waie. Observers
noted that the longstanding tension between Vieira and Na Waie had
increased due to Na Waie's 2008 accusation that Vieira was involved in
the drug trade. It was unclear whether the killings were linked to the
growing cocaine trade through West Africa, but Vieira and senior
military officers had been accused of profiting from it. The national
commission of inquiry, established in 2009 to investigate the killings,
did not identify or charge anyone during the year.
There were no developments in the case of former national assembly
deputy Helder Proenca, whom military personnel beat, shot, and killed,
along with his bodyguard and driver, in June 2009 on the outskirts of
Bissau. Proenca, who had been accused of plotting to overthrow the
Government on June 5 by Colonel Samba Djalo, chief of the Military
Information and Security Service, reportedly was killed while resisting
arrest. In November 2009 the state attorney general filed a criminal
complaint against Djalo; however, the case remained pending at year's
end.
No perpetrators had been identified or punished by year's end for
the June 2009 death of former presidential candidate and assemblyman
Baciro Dabo. Soldiers shot and killed Dabo after accusing him of
plotting with Proenca to overthrow the Government.
There were no developments in the 2008 killing of a judicial police
officer by security forces.
During the year Alexandre Tchama Yala, the suspected leader of a
2008 coup attempt in which two presidential guards were killed,
remained at large following his 2009 escape from detention.
Unlike in 2009, there were no reported injuries or deaths as a
result of unexploded ordinance during the year.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
armed forces and police did not always respect this prohibition. The
Government did not punish members of the security forces who committed
such abuses.
During his brief detention on April 1 (see section 1.d.), Prime
Minister Carlos Gomes was robbed, beaten, and reportedly pistol-whipped
by soldiers loyal to then deputy armed forces chief of staff Antonio
Indjai. Gomes was released after several hours.
In July a civilian named Fernando Te was reportedly tortured to
death while in custody at the 5th Esquadra police station. At year's
end, an investigation was ongoing with no individuals identified or
charged with his death.
During the year no military personnel were identified or charged
for the reported torture of former president Vieira before his death
(see section 1.a.).
No action was taken during the year against those responsible for
the torture and abuse of lawyer Pedro Infanda, whom military personnel
reportedly beat and tortured for four days and then denied medical
treatment prior to his release. Infanda had stated in a March 2009
press conference that the appointment of Jose Zamora Induta as armed
forces chief of staff following Na Waie's death was not in accordance
with the proper order of succession.
No action was taken during the year against soldiers who beat
former prime minister Francisco Jose Fadul during his June 2009
detention at armed forces headquarters.
There were no developments in the case of journalist Mario de
Oliveira, who was verbally abused and beaten in October 2009 during his
detention following a Donos da Bola newspaper publication of an
interview with the minister of the interior, Major Samba Djalo.

Prison and Detention Center Conditions.--In December the Ministry
of Justice, with the assistance of the UN Office on Drugs and Crime,
completed construction of the country's first secure prison facilities
in the towns of Bafata and Mansoa. The prisons have a total capacity
for 90 prisoners, including cells for up to six women in Mansoa and
eight in Bafata. The prisons have electricity and potable water. No
inmates were transferred to the new prisons by the end of the year due
to a lack of equipment.
The Government continued to detain most prisoners in makeshift
detention facilities at the Judicial Police headquarters, on military
bases, in Bissau, and neighboring towns. Conditions of confinement were
poor. Detention facilities generally lacked secure cells, running
water, and adequate sanitation. Detainees' diets were poor and medical
care was virtually nonexistent. Pretrial detainees were held together
with convicted prisoners, and juveniles were held with adults.
The Government permitted some independent monitoring of detention
conditions by local and international human rights groups. During the
year representatives from the UN Peacebuilding Support Office in
Guinea-Bissau (UNOGBIS) and the International Committee of the Red
Cross (ICRC) conducted visits. The Government also permitted visits to
detention locations by the Human Rights League of Guinea-Bissau (LGDH).
The Government required advance scheduling of visits and did not permit
regular repeat visits.
Following his April 1 detention (see section 1.d.), former armed
forces chief of staff Jose Zamora Induta was reportedly in poor health
and was denied access to medical treatment at the military barracks in
Mansoa. Induta was allowed to receive visitors, including diplomatic
representatives and UNOGBIS and ICRC representatives, but not without
third parties present.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions; however, security forces arbitrarily
arrested persons and were involved in settling personal disputes,
sometimes detaining persons upon request without full due process.

Role of the Police and Security Apparatus.--The country is divided
into 37 police districts, and there were an estimated 3,500 police
personnel in nine different police forces reporting to seven different
ministries. The approximately 100 officers of the Judicial Police,
under the Ministry of Justice, have primary responsibility for
investigating drug trafficking, terrorism, and other transnational
crime, while the 1,300 members of the Public Order Police, under the
Ministry of Interior, are responsible for preventive patrols, crowd
control, and conventional maintenance of law and order. Other police
forces include the State Information Service, the Border Service, the
Rapid Intervention Force, and the Maritime Police.
Police were generally ineffective, poorly and irregularly paid, and
corrupt. They could not afford fuel for the few vehicles they had, and
there was a severe lack of training.
During the year the Director General of the Judicial Police
received formal police training in Ghana facilitated by the Economic
Community of West African States. Also, in preparation for the opening
of the new prisons in Mansoa and Bafata, a group of 78 prison guards
and five directors completed a ten-week basic training course led by
the Portuguese Ministry of Justice and UNODC. The training included
instruction in prison management and contained a human rights module.
Transit police were particularly corrupt and demanded bribes from
vehicle drivers, whether their documents and vehicles were in order or
not. Impunity was a problem. Corruption and a lack of police detention
facilities and vehicles frequently resulted in prisoners simply walking
out of custody in the middle of investigations. The attorney general
was responsible for investigating police abuses; however, employees of
the attorney general were also poorly paid and susceptible to threats,
corruption and coercion.
According to the constitution, the armed forces are responsible for
external security and can be called upon to assist the police in
internal emergencies.
During a military mutiny on April 1, the former navy chief of
staff, Jose Americo Bubo Na Tchuto and soldiers loyal to then deputy
armed forces chief Antonio Indjai beat, robbed, and detained Prime
Minister Carlos Gomes, armed forces chief of staff Jose Zamora Induta,
and other military personnel. Gomes was released several hours later
and departed the country on April 23 to receive medical treatment
abroad. He returned in June. Induta remained in detention without
charge until December 23.
During the mutiny, soldiers also released several officials being
held on charges of embezzling government funds; however, the officials
were suspended from their jobs, and charges against them were pending
at year's end.
On July 6, a group of soldiers assaulted several police officers,
including at least two women, near the parliament building. According
to media reports, the incident occurred following a dispute between a
relative of recently appointed armed forces chief of staff Indjai and a
traffic police officer. No soldiers were charged or punished for the
assault by year's end.

Arrest Procedures and Treatment While in Detention.--The law
requires arrest warrants, although warrantless arrests often occurred.
The law requires that detainees be brought before a magistrate within
48 hours after arrest and that prisoners be released if no timely
indictment is filed; however, authorities did not always respect these
rights in practice. In general, detainees were informed promptly of
charges against them, but some military detentions involved no
notification of charges. The law provides for the right to counsel and
to counsel at state expense for indigent clients; however, lawyers did
not receive compensation for their part-time public defense work and
often ignored state directives to represent indigent clients. There was
a functioning bail system, and pretrial detainees were allowed prompt
access to family members.
At times authorities arrested criminal suspects, particularly
immigrants, without warrants.
No actions were taken against military personnel who illegally
arrested and beat Pedro Infanda in March 2009 (see section 1.c.).
No actions were taken against soldiers who illegally arrested and
beat Francisco Jose Fadul, the former president prime minister and
former chief justice of the Audit Court (see section 1.c.).
The vast majority of the prison population consisted of detainees
awaiting the conclusion of their trials; however, few detainees
remained in custody for longer than one year. Most left detention
before the conclusion of their trials as a result of inadequate
detention facilities, lack of security, and rampant corruption. The few
prisoners who were convicted seldom remained in custody for more than
two years. Prisoners remanded to their homes due to space constraints
in detention facilities often failed to return to prison.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the largely nonfunctional
judicial branch had little independence. Judges were poorly trained,
inadequately and irregularly paid, and subject to corruption. Courts
and judicial authorities were also frequently accused of bias and
passivity, according to a 2008 report published by the International
Federation for Human Rights. The attorney general had little protection
from political pressure since the president can independently replace
the incumbent. Trials were often delayed by lack of materials or
infrastructure, and convictions were extremely rare.
In addition to the civil judicial structure, there is a military
court. The Supreme Military Court is the final court of appeal for
military cases. In theory, military courts do not try civilians;
however, civilian courts try all cases involving state security, even
if the accused are members of the military.
Traditional systems of justice prevailed in most rural areas, and
persons who lived in urban areas often brought judicial disputes to
traditional counselors to avoid the costs and bureaucratic impediments
of the official system. Police also often resolved disputes.

Trial Procedures.--There is no trial by jury. For all citizens, the
law provides for a presumption of innocence, the right to have timely
access to an attorney, to question witnesses, to have access to
evidence held by the Government, and to appeal. Trials in civilian
courts are open to the public. Defendants have the right to be present
and to present witnesses and evidence on their behalf. For those few
defendants whose cases went to trial, these rights were respected in a
majority of cases and despite the otherwise dysfunctional judiciary.
Citizens who cannot afford an attorney have the right to a court-
appointed lawyer; however, court-appointed attorneys received no
compensation from the state for representing indigent clients, were not
punished for failing to do so, and generally ignored such
responsibilities.

Political Prisoners and Detainees.--There were no other reports of
political prisoners or detainees during the year.

Civil Judicial Procedures and Remedies.--The judicial system
handles civil as well as criminal matters, but it was neither
independent nor impartial. There was no administrative mechanism to
address human rights violations. Domestic court orders often were not
enforced.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government partially respected these prohibitions in practice.
Police routinely ignored privacy rights and protections against
unreasonable search and seizure.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the Government did not
always respect these rights in practice. During the year security
forces detained persons for exercising their right to free speech,
particularly when they spoke out against military officials or
arbitrary killings. Journalists practiced self-censorship.
On May 14, the private daily newspaper Diary Bissau published an
editorial entitled ``Guinea-Bissau is a Narco-state'' with photographs
of former armed forces chief of staff Na Waie, former president Vieira,
former deputy assembly leader Proenca, and former presidential
candidate Dabo captioned ``victims of drug trafficking in Guinea-
Bissau.'' Unknown assailants subsequently beat Joao de Barros, the
director of the paper and former minister of media affairs under
Vieira. In addition the paper's headquarters was ransacked and all
publishing equipment destroyed. One man, Armando Correia Dias, was
briefly detained but later released without charge. The investigation
remained open at the end of the year.
There were no developments in the case of Francisco Jose Fadul,
former prime minister and chief justice of the Audit Court. Soldiers
beat and stole possessions from Fadul following a March 2009 press
conference in which he called on the Government to hold the armed
forces responsible for corruption and other criminal activities.
In addition to the Government-owned newspaper No Pintcha, several
private newspapers published without restriction. All newspapers were
published through the state-owned printing house. The national printing
press often lacked raw materials, and salaries were not always paid,
resulting in publication delays.
There were several independent radio stations, a national radio
station, and a national television station. International radio
broadcasts could be received.
Journalists reported receiving telephone threats and summons to
government premises to explain their activities or statements, while
others reported prolonged court proceedings that impeded their work.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
and the Government usually respected this right in practice. Permits
were required for all assemblies and demonstrations.
Following the April 1 military mutiny, numerous citizens protested
in Bissau against the detention of Prime Minister Gomes and Armed
Forces Chief of Staff Induta in the streets of Bissau. Deputy Armed
Forces Chief of Staff Antonio Indjai and former navy chief of staff Na
Tchuto threatened to kill civilians and Gomes if the crowds did not
disperse, but the threats were not carried out prior to Gomes' release.

Freedom of Association.--The constitution and law provide for the
right of association, and the Government generally respected this right
in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to internally displaced persons
(IDPs), refugees, asylum seekers, stateless persons, and other persons
of concern.
The law did not specifically prohibit forced exile; however, the
Government did not use it.

Internally Displaced Persons (IDPs).--IDPs moved back and forth
over the border with Senegal, depending on the status of the ongoing
armed conflict in Senegal's Casamance region. With ethnic and family
ties on both sides of the poorly marked border, the nationality of IDPs
was not always clear.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status and the Government has established
a system for providing protection to refugees. In practice, the
Government provided protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened.
The Government did not grant refugee status or asylum during the year.
There were no restrictions on refugees' ability to work provided
they had a valid refugee card. Persons holding official refugee status
were allowed access to public services, including education, health
care, and land. The UNHCR opened an office in Bissau in February and
facilitated the issuance of refugee cards. As in previous years, local
communities in northern Guinea-Bissau lent land to long-term refugees
from the Casamance region of southern Senegal, thus allowing the
refugees to cultivate the land. Rather than utilizing local schools,
most refugees sent children to nearby Senegalese schools in the
Casamance, which were perceived as being higher quality.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to
peacefully change their government.

Elections and Political Participation.--Following the March 2009
military assassination of President Vieira, interim president Raimundo
Pereira postponed the first round of the presidential election until
June 2009, citing lack of resources, although the constitution provides
that an election be held within 60 days of a president's death. The
PAIGC candidate, Malam Bacai Sanha, won the June 2009 first round with
39 percent of the vote, and the July 2009 second round with 63 percent.
International observers characterized the polling process as free
and fair.
Formal membership in the dominant party conferred some informal
advantages. The Balanta ethnic group, mainly through its predominance
in the armed forces, controlled the political system.
During the year the ruling PAIGC party attempted to restrict
opposition political activity. Unlike previous years, the political
opposition was not subjected to overt violence such as torture or
killings.
The 98-member National Assembly had 10 female members. The Supreme
Court president, three of the 19 government ministers, and one of nine
state secretaries were also women.
All ethnic groups were represented in the Government. The minority
Balanta group dominated the army.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties of one month to 10 years in
prison for official corruption. However the Government did not
implement the law effectively, and officials frequently engaged in
corrupt practices with impunity.
Official corruption and lack of transparency were endemic at all
levels of government. The World Bank's Worldwide Governance Indicators
reflected that corruption was a severe problem. Members of the military
and civilian administration reportedly trafficked in drugs and assisted
international drug cartels by providing access to the country and its
transportation infrastructure. Customs officers frequently accepted
bribes not to collect import duties, which greatly reduced government
revenues. The largely nonfunctional and corrupt judiciary was unable
and unwilling to enforce the law and investigate corruption cases.
Unlike the previous year, there were no new investigations of
corruption by the attorney general.
During the year the Government imprisoned and charged officials
with collecting salary payments of former and deceased government
employees, but soldiers released the officials during the April 1
mutiny. The officials remained free at the end of the year, although
the charges against them were pending in court.
On June 25, deputy armed forces chief of staff Antonio Indjai was
promoted to armed forces chief of staff, despite having led the April 1
mutiny in which Prime Minister Gomes and former armed forces chief of
staff Induta were illegally detained (see Section 1.d.).
On October 15, former treasury secretary Maria Paula Costa was
found guilty of fraud and negligence. He was sentenced to three years
in prison and fined 3.5 million CFA ($7,000). The charges stemmed from
a 2006 case in which forged signatures were used to steal 75 million
CFA ($150,000) from the treasury.
According to media reports, the head of the country's football
federation remained free at year's end despite receiving a three-year
prison sentence in 2009 for stealing millions of CFA from the
federation that had been intended to build the organization's local
headquarters.
Unlike the previous year, no officials were arrested or charged for
embezzlement.
According to a 2008 UN report on the country and the activities of
the UN Peacebuilding Support Office, the country was rapidly moving
from being a transit hub to a major market place in the drug trade.
According to the UNODC, the volume of drugs transiting the country
increased during the year. The failure to interdict or investigate
suspected narcotics traffickers contributed to the perception of
government and military involvement in narcotics trafficking.
Systemic failure to act throughout the police, military, and
judiciary resulted in the absence of prosecutions of drug traffickers.
Drug traffickers usually had official protection at some level. The
Judicial Police had no resources to conduct investigations, limited
ability to detain suspects, and no means of transporting detainees to
court. Judges and guards were highly susceptible to corruption and
often released suspected traffickers who subsequently disappeared.
Judicial officials who displayed independence, resisted corruption, or
attempted to investigate or prosecute narcotics traffickers were
threatened.
On October 8, former navy chief of staff Na Tchuto was reappointed
to his old position, despite being involved in the April 1 mutiny (see
section 1.d.) and his known involvement in narcotics trafficking.
There were no developments in the 2008 case of the military's
protection of the crew of an airplane impounded at Bissau airport and
the off-loading of a suspected shipment of cocaine.
Public officials are legally required to disclose their personal
finances before the Court of Audits, but the court's authority was
weak. No public officials disclosed their personal finances during the
year.
As in the previous year, the National Assembly's anticorruption
committee was inactive.
The law provides that ``everyone has the right to information and
judicial protection''; however, such access was seldom provided.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were somewhat cooperative and responsive to their views.
There were reports that NGO workers were harassed during the year.
For example, in June the president of the Bissau Civil Society Movement
reported receiving death threats following a press conference in which
the organization noted problems between the president and prime
minister and the ``insubordination'' of the military to civilian
authorities and expressed uncertainty about the future of the
Government.
There were no developments in the case of Luis Vas Martins,
president of the LGDH, who reported in April 2009 that an armed man
came to his office and threatened to kill him due to an LGDH statement
condemning the beating of Francisco Jose Fadul (see section 1.c.).
The Government permitted visits by UN representatives, including
UNOGBIS personnel and the ICRC.
There was no government response by year's end to the October 2009
UN Report of the Secretary-General on Developments in Guinea-Bissau and
on the Activities of the United Nations, which was critical of the
country's human rights record.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination but does not designate the bases
of discrimination; the Government did not enforce prohibitions against
discrimination.

Women.--The law prohibits rape, including spousal rape, but
government enforcement was limited. Based on anecdotal evidence, rape
was not a frequent problem. The law only permits prosecution of rape
when the victim has reported it, which observers noted was rare due to
the cultural stigmatization of rape victims. This problem was
exacerbated in the Muslim eastern regions of Gabu and Bafata, where a
cultural practice known as ``djokorenda'' dictated that the issue be
resolved at home within a family. There were no statistics available on
the number of abusers who were prosecuted, convicted, or punished for
rape.
Domestic violence, including wife beating, was an accepted means of
settling domestic disputes and was reportedly widespread. There is no
law that prohibits domestic violence, and politicians reportedly were
reluctant to address the subject for fear of alienating more
traditional voters or particular ethnic groups. Although police
intervened in domestic disputes if requested, the Government did not
undertake specific measures to counter social pressure against
reporting domestic violence, rape, incest, and other mistreatment of
women.
There is no law prohibiting sexual harassment and it was a problem.
Couples and individuals have the right to decide freely and
responsibly the number, spacing, and timing of their children and to
have the information and means to do so free from discrimination,
coercion, and violence. There is access to birth control and limited
access to HIV testing. Women and men were equally diagnosed and treated
for sexually transmitted infections, including HIV. The UN Population
Fund reported that 98 of 114 health centers offered family planning
services and that approximately 10 percent of women used contraception.
The Catholic Church and other religious groups discouraged condom use,
which also was not widespread due to lack of education. According to
the most recent data available from the UN Population Fund, 78 percent
of women were attended to by a skilled health provider during
pregnancy; however, only 39 percent of live births were attended by a
skilled health worker. Estimates for the maternal mortality rate ranged
from 800 to 1,100 per 100,000 live births.
The law treats men and women equally and prohibits discrimination;
however, discrimination against women was a problem, particularly in
rural areas where traditional and Islamic laws were dominant. Women
were responsible for most work on subsistence farms and had limited
access to education like the majority of citizens, especially in rural
areas. Women did not have equal access to employment. Among certain
ethnic groups, women cannot manage land or inherit property. Although
no data was available, women reportedly experienced discrimination in
employment, pay for similar work, and owning a business.

Children.--Citizenship is derived by birth within the country and
from one's parents. Child registration does not occur automatically at
hospitals. Parents must register their child's birth with a notary. The
Government conducts yearly campaigns to register children in the
countryside. Lack of registration resulted in the denial of education,
since school registration requires a birth certificate. Lack of
registration did not result in the denial of health services.
Public schooling was free and universal through high school. In
March the national assembly passed a law increasing compulsory
attendance from the sixth grade to the ninth grade and lowering the
enrollment age from seven years to six. The gap of enrollment rates
between girls and boys was fairly small: 65.4 percent for girls and
69.3 percent for boys. Teachers were poorly trained and paid. Schools
closed twice during the year due to strikes by teachers protesting
nonpayment of salaries.
Children often were required to help their families in the fields,
which conflicted with schooling. In general there was no difference in
the treatment and attendance of boys and girls, but Islamic schools
banned girls from attending.
Violence against children was widespread, but was seldom reported
to the authorities.
During the year an 85-year-old man in Gabu was charged with
sexually abusing two of his granddaughters, aged 15 and 16, which
resulted in their pregnancies. His trial had not begun by year's end.
There is no law prohibiting FGM, and certain ethnic groups,
especially the Fulas and the Mandinkas, practiced it, not only on
adolescent girls but also on babies as young as four months. There was
no government effort to combat FGM during the year, but NGOs worked to
limit the practice. In June there was one reported death of a baby girl
in Bissau due to the practice.
Child marriage occurred among all ethnic groups, but no reliable
data existed to quantify the problem. Girls who fled arranged marriages
often were forced into prostitution to support themselves. The practice
of buying and selling child brides also reportedly occurred on
occasion. Local NGOs worked to protect the rights of women and children
and operated programs to fight child marriage and protect the victims
of child marriage. Observers noted during the year that NGO efforts to
enroll more girls in school had a negative side effect on child
marriages: more girls were forced to marry at a younger age because
parents feared the social opportunities of school would increase the
risk of their daughters losing their virginity before marriage.
There are no explicit penalties for child prostitution, but there
is a statutory rape law against having sex with a person less than 16
years old. The rape law carries a penalty of two to six years in
prison. There is no law against child pornography.
The Child Protection Office of the Bissau Police Department
estimated that approximately 1,000 children were living on the streets
of Bissau, with a growing number of boys engaged in gangs and petty
crime. The Government provided no services to street children.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--There were no reports of anti-Semitism.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law does not specifically prohibit
discrimination against persons with disabilities, mandate building
access for them, or provide for equal access to employment and
education. There were no government efforts to mitigate discrimination
against persons with disabilities or ensure their access to buildings
or streets. However, there were no reports of overt societal
discrimination. The Government made some efforts to assist military
veterans with disabilities through pension programs, but these programs
did not adequately address health, housing, or food needs.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There are no laws that
criminalize sexual orientation; however, social taboos against
homosexuality restricted freedom of sexual orientation. There were no
reported violent incidents or human rights abuses targeting individuals
based on their sexual orientation or identity. There was no official
discrimination based on sexual orientation or gender identity in
employment or access to education and health care. However, the law
only recognized heterosexual married couples as entitled to larger
government housing.

Other Societal Violence and Discrimination.--There was open
discussion of HIV/AIDS and no societal violence or discrimination
against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law provides all workers with the
freedom to form and join independent trade unions without previous
authorization or excessive requirements, and workers exercised this
right in practice.
Most of the population, 90 percent, worked in the agricultural
sector. Other employment sectors included fisheries and extractive
industries. A significant majority of the population worked in
subsistence agriculture, and only a small percentage of workers were in
the wage sector and organized. Approximately 85 percent of union
members were government or parastatal employees who belonged primarily
to independent unions. Further statistics pertaining to the country's
workforce were unavailable.
The law allows unions to conduct their activities without
government interference; trade union delegates are protected under
union laws, while laborers' rights to free speech and assembly are
protected by the constitution. However, only trade union delegates are
protected against antiunion discrimination, with limited sanctions.
The law provides for the right to strike, but the Government did
not always protect this right. The only legal restriction on strike
activity was a prior notice requirement. The law also prohibits
retaliation against strikers.
Unlike the previous year, there were no reports that security
personnel forcibly dispersed legal strike participants.

b. The Right to Organize and Bargain Collectively.--The law does
not provide for or protect the right to bargain collectively; however,
the tripartite National Council for Social Consultation conducted
collective consultations on salary issues. Most wages were established
in bilateral negotiations between workers and employers.
The law does not prohibit employer antiunion discrimination against
workers; however, no workers alleged antiunion discrimination during
the year, and the practice was not believed to be widespread.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, but there were
reports that such practices occurred. Boys were routinely sent abroad
(often to Senegal) to receive religious education, but then often were
forced by their marabouts (Koranic teachers) to beg in the streets and
were subjected to harsh treatment. Some observers believed girls were
also subjected to forced domestic labor within country or in Senegal.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
There are no specific laws that protect children from exploitation in
the workplace, and child labor occurred. The legal minimum age is 14
for general factory labor and 18 for heavy or dangerous labor,
including labor in mines. Minors are prohibited from working overtime.
The small formal sector generally adhered to these minimum age
requirements; however, the Ministry of Justice and the Ministry of
Civil Service and Labor did not enforce these requirements in informal
work settings.
Most child labor occurred in the informal sector. As in previous
years, types of forced child labor included domestic servitude, shoe
shining, and selling food in urban streets. Children in rural
communities performed domestic and fieldwork without pay to help
support their families or because of a lack of educational
opportunities. Some children were partially or completely withdrawn
from school to work in the fields during the annual cashew harvest. The
Government had not taken action to combat such practices by year's end.
The Institute of Women and Children and the ministries of labor and
justice are responsible for protecting children from labor
exploitation; however, there was no effective enforcement. The
Government took little action to prevent child labor during the year.
The local NGO Association of the Friends of Children (AMIC), in
collaboration with the NGO International Cooperation and Development,
succeeded in rescuing approximately 48 child workers. AMIC estimated
that approximately 50 children per month returned home of their own
volition. The NGO Network of Youth was also involved in removing child
workers.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

e. Acceptable Conditions of Work.--The Council of Ministers
annually establishes minimum wage rates for all categories of work, but
it did not enforce them. The lowest monthly wage was approximately
19,030 CFA ($38) per month plus a bag of rice. This wage did not
provide a decent standard of living for a worker and family, and
workers had to supplement their incomes through other work, reliance on
the extended family, and subsistence agriculture.
Unlike in the previous year, the Government paid back wages and
kept current on civil servant salaries.
The law provides for a maximum 45-hour workweek; however, many
employees were forced to work longer hours. The law also provides for
overtime pay, as long as overtime does not exceed 200 hours per year,
and a mandatory 12-hour rest period between workdays; however, these
provisions were not enforced.
With the cooperation of the unions, the Ministries of Justice and
Labor establish legal health and safety standards for workers, which
the national assembly then adopts into law; however, these standards
were not enforced, and many persons worked under conditions that
endangered their health and safety. Workers, including foreign workers,
do not have the right to remove themselves from unsafe working
conditions without losing their jobs.
*In 1998 the U.S. Embassy suspended operations in the midst of
heavy fighting during a civil war in Guinea-Bissau, and all official
personnel in the country were evacuated. This report is based on
information obtained from U.S. embassies in neighboring countries,
especially Senegal, from other independent sources, and from regular
visits by diplomatic personnel to Guinea-Bissau.

__________

KENYA

Kenya is a republic with a population of approximately 40 million.
It currently has a strong president and a prime minister with unclearly
defined executive powers. There is a unicameral national assembly. In
2007 the Government held local, parliamentary, and presidential
elections. Observers judged the parliamentary and local elections to be
generally free and fair. In the presidential election, the incumbent,
President Mwai Kibaki, was proclaimed the winner by a narrow margin
under controversial circumstances. Serious irregularities undermined
the integrity of the presidential election results. Raila Odinga, the
main opposition candidate, disputed the results, and violence erupted
in sections of Nairobi and opposition strongholds in Nyanza, Rift
Valley, and Coast provinces; approximately 1,133 persons were killed
and more than 350,000 displaced between December 2007 and February
2008. The violence ended in February 2008 when, as the result of an
international mediation process, the two sides agreed to form a
coalition government. Under the terms of the agreement, incumbent
Kibaki retained his office, and Odinga was appointed to a newly created
prime ministerial position. The parties also agreed to undertake a
series of constitutional, electoral, and land reforms to address
underlying causes of the crisis. On August 4, citizens approved a new
constitution in a national referendum, widely considered to be free and
fair. Some of its elements entered into force immediately, but full
implementation was expected to take several years. It was expected that
if fully implemented, it would result in significant changes to the
Government's structure, including greater checks on executive power,
the elimination of a prime minister, greater devolution of power to the
counties, and creation of a second legislative chamber. There were
instances in which elements of the security forces acted independently
of civilian control.
The following human rights problems were reported: abridgement of
citizens' right to change their government in the last national
election; unlawful killings, torture, rape, and use of excessive force
by security forces; mob violence; police corruption and impunity; harsh
and life-threatening prison conditions; arbitrary arrest and detention;
arbitrary interference with the home and infringement on citizens'
privacy; prolonged pretrial detention; executive influence on the
judiciary and judicial corruption; restrictions on freedom of speech,
press, and assembly; forced return and abuse of refugees, including
killing and rape; official corruption; violence and discrimination
against women; violence against children, including female genital
mutilation (FGM); child prostitution; trafficking in persons;
interethnic violence; discrimination based on ethnicity, sexual
orientation, and HIV/AIDS status; lack of enforcement of workers'
rights; forced and bonded labor; and child labor, including forced
child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were several
reports that the Government or its agents committed arbitrary and
unlawful killings, included politically motivated killings, during the
year. The Government took only limited action in enforcing the law
against security forces suspected of unlawfully killing citizens.
On March 11, seven administration police executed seven taxi
drivers in the Kawangware slums west of Nairobi. The seven men were
arrested, appeared in court on March 31, and were charged on December
11. A trial had not begun by year's end.
In July, according to Amnesty International, a 74-year-old unarmed
man was shot and killed by police after verbally protesting the beating
of a woman during a forced evacuation of a Nairobi settlement. There
were no developments in the case by year's end.
In September administration police killed 14 persons and dumped
their bodies in Kinale Forest. Police made no statement about the
killings although there were reports that three of the victims were
known criminals. Members of Parliament (MP) tasked the Minister of
Security with issuing a report on the murders although no report had
been produced by year's end.
On November 6, a police officer shot and killed 10 persons,
including two fellow officers, while allegedly looking for a woman who
infected him with HIV. There were no developments in this case by
year's end.
In February 2009 Philip Alston, the UN special rapporteur on
extrajudicial, summary, or arbitrary executions, released a report that
found ``that police in Kenya frequently execute individuals and that a
climate of impunity prevails.'' The rapporteur also reported ``the
existence of police death squads operating on the orders of senior
police officials and charged with eliminating suspected leaders and
members of criminal organizations.'' The Government rejected the
findings of the Alston report and filed a protest with the UN.
According to media reports, however, the Ministry of Internal Security
acknowledged in a February 2009 letter to the Kenya National Commission
on Human Rights (KNCHR) that police had killed 308 youths in 2008.
In 2008 the Government formed the Commission of Inquiry into
Postelection Violence (CIPEV) as part of the internationally mediated
political settlement. The CIPEV documented 405 gunshot deaths during
the postelection period; it attributed the vast majority of these to
police. The final CIPEV report recommended that the Government
establish a special tribunal to investigate individuals suspected of
such violence; however, no local tribunal was established, and the
Government still had not systematically investigated or prosecuted
individuals suspected of postelection violence through other means by
year's end. However, on December 15, the chief prosecutor of the
International Criminal Court (ICC) announced that he had asked a
pretrial chamber to issue summonses for six Kenyan nationals on charges
of crimes against humanity for their alleged role in the 2007-08
postelection violence.
In March 2009 unidentified gunmen, reportedly acting on orders from
the former commissioner of police, shot and killed Oscar Kamau
King'ara, the executive director of the local nongovernmental
organization (NGO) Oscar Foundation Free Legal Aid Clinic Kenya
(OFFLACK), and Paul Oulu, OFFLACK's program coordinator. In 2008
OFFLACK reported that police were linked with the continued
disappearance and deaths of suspected members of the banned Mungiki
criminal organization. Police threatened and intimidated witnesses to
the killings, and four witnesses went into exile. The prime minister
requested international assistance to investigate the murders, but the
minister for foreign affairs subsequently rejected such assistance. No
credible investigation had been conducted by year's end, and none was
expected.
Security forces continued to claim that police must shoot to kill
to defend themselves when confronted by armed suspects. For example, in
September 2009, the media reported that the district commissioner for
Murang'a East District issued a ``shoot to kill'' order against
suspected Mungiki members, and in October 2009 a district commissioner
in Marakwet announced a ``shoot to kill'' policy against suspected
armed bandits. The policy first was enunciated in 2005 and later
reiterated in 2007, after armed criminals killed 43 police officers in
the line of duty.
On March 10, police reportedly killed seven suspected members of
the Mungiki in a police operation in Nairobi. Police claimed that a gun
battle had started after police shot at a mob that was attacking
motorcyclists to extort motorcycle taxi drivers.
During the year there were reports that persons died while in
police custody or shortly thereafter, some as a result of torture.
For example, the Daily Nation reported in January that a 24-year-
old man was tortured to death while undergoing police interrogation
regarding a livestock theft at the Ngomeni Police Station. No further
information was available at year's end.
In November the Standard newspaper reported that a man, arrested at
a bar for an altercation with a police officer, was dragged to a police
station by the officer and chained and beaten to death. No further
information was available at year's end.
In 2008 the Independent Medico-Legal Unit (IMLU), a leading and
credible human rights NGO, reported one death in police custody but
noted that the actual number was likely higher; police often did not
enter suspects into police custody records, impeding the ability to
track such cases.
Police killed numerous criminal suspects during the year, often
claiming that the suspects violently resisted arrest or were armed.
During the year security forces killed 16 suspected Mungiki members as
compared to killing 25 in 2009.
In 2009 the IMLU documented 33 alleged extrajudicial killings by
police officers from January to October: the majority were criminal
suspects whom police killed during apprehension.
No action was taken during the year against police who killed five
persons traveling in a ``matatu'' minibus in the Githurai area of
Nairobi in October 2009; police claimed that the five were armed
members of Mungiki. Residents of the area stated that the five were
matatu operators fleeing police harassment and that police planted the
gun after the killing.
No action was taken against security force members in the following
2008 killings of criminal suspects: the killing of six suspected car
thieves in Nairobi; the police shooting deaths of 21 robbery suspects
in and around Nairobi, and the shooting deaths of three suspects and
two workers in a Nairobi casino.
There also were no reported developments in the October 2009
killing of the police officer who provided evidence to the KNCHR on
extrajudicial killings of Mungiki members.
A journalist was abducted and killed in 2009, reportedly at police
instigation.
No action was taken against security force members responsible for
the 2008 extrajudicial killings of Mungiki members or the 2008 killing
of a police officer who had cooperated with the KNCHR investigation of
Mungiki killings.
Unlike in 2008, police use of excessive force to disperse
demonstrators did not result in deaths.
There were no developments in the following 2008 cases of deaths of
demonstrators, and none were expected: the arrest of a police officer
in Kisumu for the shooting death of two unarmed protesters, and the
killing of at least 83 persons during postelection violence in Kisumu.
Mob violence and vigilante action resulted in numerous deaths. The
great majority of victims killed by mobs were suspected of criminal
activities, including theft, robbery, killings, cattle rustling, and
membership in criminal or terrorist gangs. In April 2009 villagers near
the town of Karatina clashed with suspected members of the Mungiki
criminal organization, killing 29 persons. Police arrested 48 suspects
in connection with the clashes. The case continued at year's end.
There were no developments in the August 2009 case in which an
armed gang killed internationally renowned gemologist Campbell Bridges
when he confronted the group for trespassing on a mine near Voi. Police
arrested and quickly released six suspects in the case, but Bridges'
family alleged that senior government officials involved in the killing
were not investigated.
There were no developments in the following 2008 cases of death by
mob violence: the death by burning of two men in Meru who allegedly
robbed a matatu driver, the stoning of one man in Imenti South, or the
lynching of a village chief in Mikumbune in Imenti South.
Human rights observers attributed vigilante violence to a lack of
public confidence in police and the criminal justice system; allegedly,
assailants often bribed their way out of jail or were not arrested. The
social acceptability of mob violence also provided cover for acts of
personal vengeance, including settling land disputes.
Mobs committed violence against persons suspected of witchcraft,
particularly in Kisii District and Nyanza and Western provinces.
Although local officials spoke out against witch burning and increased
police patrols to discourage the practice, human rights NGOs noted
public reluctance to report such cases due to fear of retribution.
In February 2009 five persons were burned to death in Kitutu
Chache, Kisii, after being accused of abducting and placing a spell on
a young boy. In March 2009 six suspected witches were burned to death
in Pokot District, and six others were killed in Kisii. No action was
taken by year's end.

b. Disappearance.--Unlike in the previous year, there were no
reports of disappearances or politically motivated abductions.
There were no developments in the January 2009 case in which a
journalist was abducted and killed.
There were no developments in the September 2009 case in which the
Muslim Human Rights Forum alleged that five Muslims suspected by the
Government of involvement in terrorist activity were abducted by the
Antiterrorism Police Unit (ATPU) and subsequently disappeared. The ATPU
denied the allegations.
The KNCHR, the IMLU, and Western Kenya Human Rights Watch (WKHRW)
reported that the Government failed to investigate disappearances in
connection with the 2008 security force operation in Mount Elgon and
the crackdown on the Mungiki criminal organization in 2008.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
the legal code does not define torture and provides no sentencing
guidelines, which functionally bars prosecution for torture. Police
frequently used violence and torture during interrogations and as
punishment of pretrial detainees and convicted prisoners. According to
the IMLU, physical battery was the most common method of torture used
by the police.
Human rights organizations, churches, and the press reported
numerous cases of torture and indiscriminate police beatings.
In 2008 the IMLU received 772 cases alleging torture by security
officers, compared with 397 in 2005, although it noted that the number
of torture cases was likely higher.
There were allegations of rape by security forces, including the
rape of women in prisons, as well as in camps for internally displaced
persons (IDPs) and refugees and among asylum seekers crossing into the
country from Somalia.
For example, in March Human Rights Watch (HRW) conducted 102
interviews regarding sexual violence in the Dadaab refugee camps. In 46
of the cases, police were accused of gang-raping women in the camps or
on their way to the camps. The Center for Rights Education Awareness
alleged in 2008 that policemen raped women in the Kibera slum in
Nairobi and those seeking refuge in police stations.
Police use of excessive force to disperse demonstrators resulted in
injuries (see section 2.b.).
Due to a shortage of civilian state prosecutors in the legal system
(72 civilian prosecutors nationwide compared to 315 police
prosecutors), police were responsible for investigating and prosecuting
all crimes at the magistrate court level; civilian prosecutors handled
cases at the high court level. Police routinely ignored evidence of
security force torture provided by the IMLU and other human rights
organizations. In most cases allegations of torture were not fully
investigated and the perpetrators not charged.
As part of reforms agreed to in the National Accord in July 2009
the Government established the Truth, Justice, and Reconciliation
Commission (TJRC), whose mandate included the investigation of alleged
cases of torture since independence. The TJRC had collected statements
but had not conducted any hearings by year's end.
The Government did not investigate alleged cases of torture by
security forces that were documented by the IMLU and HRW from the Mount
Elgon and El Wake security operations in 2008. The Government denied
that security forces engaged in torture and refused to prosecute
individuals alleged to have participated in torture during the two
operations.
There were numerous instances of mob violence and vigilante action
resulting in serious injury. On February 12, near Mombasa, an armed mob
of between 200 and 300 persons surrounded the Kenya Medical Research
Institute (KEMRI), a government health center that provides HIV/AIDS
services. Police arrived, took two KEMRI employees into custody for
their protection but did not arrest members of the mob. On the same day
the mob beat a man who had come to the health care center and were
about to set fire to him when the police took the beaten man into
custody. The mob then gathered outside the police station. The
following day, a mob severely beat a KEMRI volunteer, who was also
taken into protective custody. Over the next week, mobs in the same
area attacked and beat other persons suspected of being gay (see
section 1.d. and 6).

Prison and Detention Center Conditions.--Prison and detention
center conditions continued to be harsh and life threatening. A KNCHR
prison assessment during 2009 concluded that torture, degrading and
inhuman treatment, unsanitary conditions, and extreme overcrowding were
endemic in prisons. The commissioner of prisons reported that prisons
were filled to 200 percent capacity during the year. According to the
Legal Resources Foundation Trust (LRF), there were 49,757 prisoners on
the last day of the year, held in prisons with a recommended capacity
of 22,000. Approximately 36 percent of the prisoners were in remand,
awaiting trial due to the judicial backlog. The Daily Nation reported
that in February the Kakamega Remand Prison held 900 inmates awaiting
trial in an institution built to accommodate 500.
Civil society organizations began visiting prisons in 2003, and
these visits continued to reveal harsh conditions, as well as
allegations by prisoners of inhumane treatment, including torture. For
example, in February 2009 the KNCHR documented beatings and assault by
prison staff of prisoners at Nairobi Remand and Meru Women's Prisons,
and in April 2009 at Kisumu Women's Prison.
In 2008 wardens in Kamiti Prison scalded prisoners with hot water
and beat them during an operation to interdict contraband items. One
person died, and 20 were hospitalized. Three wardens were suspended. At
year's end a police investigation of the incident continued.
Prisoners generally received three meals per day, but portions were
inadequate, and sometimes they were given half rations as punishment.
During the year LRF reported that prison conditions were poor due to
lack of funding, overcrowding, and poor management. Water shortages, an
issue outside prisons as well, continued to be a problem, although the
Government built one well and improved two water treatment plants.
Medical care for those with tuberculosis was poor, and patients with
tuberculosis or HIV/AIDS were not given supplemental food to assist in
the digestion of their medication. Medical care in prisons for the
general population was poor, although courts generally granted requests
for referral to hospitals in serious cases. However, administrative
delays, such as transport, often delayed court-ordered hospital
attention. Shikusa Prison gained electricity during the year, but in
general many prisoners spend most of their time indoors in poorly lit,
poorly ventilated cell blocks. This was especially true for the one
third of prisoners who were awaiting trial, as they were not engaged in
any work programs that would allow them to leave their cell. Sanitary
facilities had not been built to match the rise in prison populations.
In 2009 prison personnel stated that the rape of male and female
inmates, primarily by fellow inmates, continued. Media reports
indicated that it was also common for prison officials to rape female
inmates. In September 2009 a transgender person alleged abuse by male
prisoners and wardens in Nairobi's Kamiti Prison. In December the High
Court awarded him 511,252 shillings ($6,250) for the inhumane
treatment, and he remained in solitary confinement at year's end.
Hundreds of prisoners died annually from infectious diseases spread
by overcrowding, unhygienic conditions, and inadequate medical
treatment. During the year, according to the commissioner of prisons,
218 prisoners died from diseases while incarcerated. In August 2009 18
prisoners died of suspected tuberculosis and pneumonia in Kodiaga
Prison in Kisumu.
Prisoners were sometimes kept in solitary confinement far longer
than the legal maximum of 90 days. Prisoners and detainees sometimes
were denied the right to contact relatives or lawyers. Family members
who wanted to visit prisoners faced numerous bureaucratic and physical
obstacles, each often requiring a bribe to overcome. According to LRF
during the year, prisoners had reasonable access to visitors including
lawyers, although privacy space was lacking. However, on May 25, the
Daily Nation reported that the Kitale branch of the Kenya Law Society
stated that 35 lawyers were denied access to prisoners by court order
as punishment for a lawyers' strike.
LRF also reported during the year that prisoners were able to make
complaints to the courts and had the ability to send paralegal-written
letters to the court without appearing personally. Some prisons had
paralegal clinics. Some magistrates and judges also made prison visits
during the year, providing another avenue for prisoners to raise
grievances. KNHRC had a mandate to visit prisons and investigate
allegations of inhumane conditions. According to the commissioner of
prisons, human rights trainings took place in prisons during the year.
The department of prisons had imbedded intelligence officers in the
prisons to report on conditions and any abuse.
There were no separate facilities for minors in pretrial detention.
Civil society activists witnessed young children, women, and men
sharing the same cells. In 2008 IMLU reported that underage boys were
detained in Bungoma Prison. Additionally a 2008 government report on
prison conditions noted that underage female offenders, who were
ineligible for diversion to a lesser security training school, were
housed with adult female prisoners. According to the commissioner of
prisons, there were 338 children, all under the age of four, living
with their mothers in prisons. LRF reported the prisons did not have
facilities, lessons, beds, or special food for the children nor did
they have access to medical care.
The Government permitted visits to prisons by local human rights
groups during the year.
Following the 2009 release of the Madoka Committee report on prison
conditions, the Government increased investment in the prison system.
New prison facilities and housing for prison staff were built, and
bedding and meals for inmates improved, although they were still
considered inadequate by rights groups.

d. Arbitrary Arrest or Detention.--The law prohibits arrest or
detention without a court order unless there are reasonable grounds for
believing a suspect has committed or is about to commit a criminal
offense; however, police frequently arrested and detained citizens
arbitrarily.

Role of the Police and Security Apparatus.--There was a large
internal security apparatus that included the Kenyan National Police
Service (KNPS) and its Criminal Investigation Department, responsible
for criminal investigations, and the ATPU; the Kenya Administration
Police (KAP), which has a strong rural presence throughout the country,
constitutes the security arm of the civilian provincial administration
structure, and has the mandate for border security; the Kenya Wildlife
Service, responsible for security and counterpoaching operations within
the national parks; the paramilitary General Services Unit (GSU),
responsible for countering uprisings and guarding high-security
facilities; and the National Security Intelligence Service (NSIS),
which collects intelligence. The KNPS, KAP, and GSU are under the
authority of the Ministry of State for Provincial Administration and
Internal Security. The NSIS is under the direct authority of the
president. There was a public perception that police often were
complicit in criminal activity.
Police were ineffective and corrupt, and impunity was a problem. In
2008 OFFLACK noted that bribery in police recruitment was a problem.
The police often recruited unqualified candidates who had political
connections or who paid bribes, which contributed to poorly conducted
investigations.
Press and civil society reported that police continued to resort to
illegal confinement, extortion, physical abuse, and fabrication of
charges to accomplish law enforcement objectives, as well as to
facilitate illegal activities.
Impunity was a major problem. Police officers rarely were arrested
and prosecuted for criminal activities, corruption, or for using
excessive force. In March 2009 police reportedly brutalized citizens
during disarmament campaigns in Turkana and Samburu after promising
amnesty. Authorities sometimes attributed the absence of an
investigation into corruption or an unlawful killing to the failure of
citizens to file official complaints. However, the required complaint
form was available only at police stations, and there was considerable
public skepticism regarding a process that assigned the investigation
of police abuse to the police themselves.
Police also often did not enter suspects into police custody
records, making it difficult to locate detainees. For example, in 2009
the civil society organization Bunge la Mwananchi reported that when
members were arrested following political forums, they often were not
booked at police stations.
According to NGOs, the police practice of requiring an examination
and testimony by a single police physician in the case of victims of
sexual assault resulted in substantial barriers to the investigation
and prosecution of sexual violence cases (see section 6). In 2009 the
Government established a witness protection unit pursuant to the 2007
witness protection law; however, the unit was not operational by year's
end. Witness insecurity and harassment of witnesses continued to
inhibit severely the investigation and prosecution of major crimes.
The Government took some steps to curb police abuse during the
year. For example, in January President Kibaki established the Police
Reforms Implementation Committee to monitor progress of reforms
required by the new constitution, including an independent police
oversight board. The media also reported that several dozen police
officers were arrested for petty corruption in the last quarter of the
year.
In September 2009 in response to an interim report by the National
Task Force on Police Reforms, the president replaced police
commissioner Hussein Ali and the senior police leadership. The final
task force report was released in November 2009; a Police Reform
Implementation Commission charged with overseeing the implementation of
the recommended reforms began its work during the year. A 15-member
committee headed by the CEO of Kenya Airways was established to
undertake police reforms. It was given a one year mandate (which was
extended) and tasked with undertaking 200 recommendations proposed by
Justice Ransley's taskforce on police reforms, with minimal success at
year's end.
There were no developments, and none were expected, in the
following 2008 cases: the trial of a police officer allegedly
responsible for the shooting deaths of two unarmed, peaceful
demonstrators in Kisumu; and the trial of a police officer for the
shooting death of an MP in Kericho.
There were numerous instances in which police failed to prevent
societal violence. In February near Mombasa, an armed mob of between
200 and 300 persons surrounded the KEMRI (see section 1.c.). Police did
not arrest any members of the mob.
In February and March 2009, police failed to prevent the burning
deaths of suspected witches in Pokot and Kisii. In April 2009, police
failed to prevent a mob from beating to death suspected Mungiki members
in Karatina. Police attempted to investigate these incidents of
societal violence but were hampered by the communities' unwillingness
to provide information about the cases.

Arrest Procedures and Treatment While in Detention.--Under the
criminal procedure code, police have broad powers of arrest. Police may
make arrests without a warrant if they suspect a crime has occurred, is
happening, or is imminent. Detainees in noncapital cases must be
brought before a judge within 24 hours. Detainees in capital cases must
be brought before a judge within 14 days; however, the Government did
not respect this law in practice. The courts dealt with this
shortcoming by considering whether the constitutional rights of the
accused had been breached. In many cases accused persons, including
some charged with murder, were released because they had been held
longer than the prescribed period.
The right to prompt judicial determination of the legality of
detention frequently was not respected in practice. The law provides
pretrial detainees the right of access to family members and attorneys.
When detainees could afford counsel, police generally permitted access;
however, there were cases in which police refused access to lawyers.
Family members of detainees frequently complained that access was only
permitted on payment of bribes. There is a functioning bail system;
however, many suspects remained in jail for months pending trial
because of their inability to post bail. Individuals charged with
offenses that were deemed serious and capital offenses are not eligible
for bail pending trial.
Police often stopped and arrested citizens to extort bribes. For
example, during the year police in Eastleigh routinely targeted Somali
youths, threatening to send them to refugee camps if they did not pay a
bribe. Since few could afford even a modest bribe, many languished in
jail unless family or friends raised the bribe money demanded by
police.
Muslim leaders claimed that police indiscriminately arrested
Muslims on suspicion of terrorism and that some suspects subsequently
disappeared, but the police denied this.
Muslim MPs and clerics also continued to claim that Muslims were
being unfairly targeted during the year. For example, the arrest and
renditions of suspects of the July 7 Kampala bombings were thought to
be religiously based. The Ugandan government arrested several dozen
individuals in connection with the bombings including, on September 15,
including Kenyan human rights activist al-Amin Kimathi and Kenyan
attorney Mbuga Mureithi. On September 18, authorities released Mureithi
without charge and deported him back to Kenya. On December 1,
authorities charged 17 persons, including Kimathi, with terrorism,
murder and attempted murder in relation to the bombings and released 18
others. Hearing of the cases was pending at year's end.
There were no reports during the year that police arbitrarily
arrested persons demonstrating against the Government.
In August authorities arrested 13 civil society demonstrators for
demanding a reason for the invitation to Sudanese President Omar al-
Bashir to attend the promulgation ceremony.
Lengthy pretrial detention continued to be a serious problem that
contributed to overcrowding in prisons. The Government claimed the
average time spent in pretrial detention on capital charges was 16
months; however, there were reports that many detainees spent more than
three years in prison before their trials were completed. Police from
the arresting location are responsible for serving court summonses and
picking up detainees from the prison each time a court schedules a
hearing on a case. A shortage of manpower and resources meant that
police often failed to appear or lacked the means to transport
detainees, who then were forced to await the next hearing of their
cases. According to the judiciary, the backlog numbered approximately
800,000 cases, including both civil and criminal. During the year there
were more than 17,000 persons incarcerated awaiting trials.

Amnesty.--The president releases petty offenders periodically, with
the largest amnesty occurring on December 12, Independence Day;
however, the release is not automatic. During the year the president
pardoned approximately 4,000 persons. In August 2009 the president
commuted all death row sentences to life imprisonment.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the executive branch sometimes
exercised political influence over the judiciary. The judiciary was
corrupt at all levels. In 2008 after the controversial announcement of
the presidential results, the opposition leader refused to file a court
challenge to the announcement because he did not expect a fair hearing.
The president has extensive powers over appointments, including of
the attorney general, chief justice, and appellate and high court
judges; however, this will be reduced some under the new constitution.
Key judicial appointments, including Chief Justice and Attorney
General, now require the approval of parliament. A Judicial Services
Commission is responsible for making recommendations for appointment of
judges.
The constitution provides for Kadhi's courts and states that the
``jurisdiction of a Kadhi's court shall be limited to. questions of
Muslim law relating to personal status, marriage, divorce, or
inheritance in proceedings in which all the parties profess the Muslim
religion and submit to the jurisdiction of the Kadhi's court.'' There
are no other traditional courts. The national courts used the
traditional law of an ethnic group as a guide in personal matters, as
long as it did not conflict with statutory law. Use of traditional law
occurred most often in cases of marriage, death, and inheritance in
which there was an original contract based on traditional law. Citizens
may choose between national and traditional law when they enter into
marriage or other contracts; however, the courts determine which kind
of law governs the enforcement of the contract. Some women's
organizations sought to eliminate traditional law, through a number of
proposed marriage laws, because in practice the current laws were
interpreted and applied in favor of men.
The Government occasionally used the legal system to harass
critics. Local authorities continued to prosecute a 2008 case against a
physician who helped document allegations of human rights abuses in the
Mount Elgon region but dropped a case against a second witness.
In May 2009 prosecutors dropped charges from a 2008 case against
the director of the seafarer's welfare organization for issuing a
statement that military cargo on a hijacked ship was bound for South
Sudan and not Kenya, as the Government claimed.
There were no developments and none were expected in the 2008 case
of the former MPs charged with incitement for statements about human
rights abuses in El Wak.

Trial Procedures.--Civilians are tried publicly, although some
testimony may be given in closed session. The law provides for a
presumption of innocence, and defendants have the right to attend their
trials, confront witnesses, and present witnesses and evidence in their
defense. A defendant's right to consult with an attorney in a timely
manner was generally respected. However, the vast majority of
defendants could not afford representation and were tried without legal
counsel. Indigent defendants do not have the right to government-
provided legal counsel except in capital cases. The lack of a formal
legal aid system seriously hampered the ability of many poor defendants
to mount an adequate defense. Legal aid was available only in major
cities where some human rights organizations, notably the Federation of
Women Lawyers (FIDA), provided it.
Discovery laws are not defined clearly, further handicapping
defense lawyers. Implementation of the High Court ruling that written
statements be provided to the defense before trial was slow. Often
defense lawyers did not have access to government-held evidence before
a trial. The Government sometimes invoked the Official Secrets Act as a
basis for withholding evidence. Defendants can appeal a verdict to the
High Court and ultimately to the Court of Appeals. The legal system
does not provide for trial by jury; judges try all cases.
In treason and murder cases, the deputy registrar of the High Court
can appoint three assessors, who are lay citizens, to sit with a high
court judge. Although assessors render verdicts, their judgments are
not binding, and the practice was being phased out, starting in 2009.
Defendants' lawyers can object to the appointment of individual
assessors. A shortage of appropriate assessors frequently led to long
delays in hearing cases.
According to NGOs the police practice of requiring an exam and
testimony by a single police physician in cases of victims of sexual
assault resulted in substantial barriers to the investigation and
prosecution of sexual violence cases (see section 6).

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees during the year.

Civil Procedures and Remedies.--The KNCHR has some powers of a
court, including the issuance of summonses and ordering the release of
a prisoner or detainee, payment of compensation, or other lawful
remedy; however, the Government continued to ignore such summonses and
orders. The police routinely refused to release suspects when ordered
to do so by the KNCHR.
In 2009 the attorney general filed a brief with the High Court
arguing that the KNCHR should be stripped of judicial powers; the court
had not issued a final ruling but did issue an injunction barring the
KNCHR from convening investigatory panels. As a result, the KNCHR was
barred from intervening in cases of police and judicial misconduct.
The civil court system can be used to seek damages for victims of
human rights violations. However, corruption, political influence over
the civil court system, and chronic backlogs of cases limited access by
victims to this remedy.
Widespread corruption existed at all levels of the civil legal
system. Bribes, extortion, and political considerations influenced the
outcomes in large numbers of civil cases.
Court fees for filing and hearing cases--a daily rate of at least
2,040 shillings ($28) for arguing a civil case before a judge--
effectively barred many citizens from gaining access to the courts.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, except
``to promote public benefit''; however, authorities sometimes infringed
on citizens' privacy rights. The law permits police to enter a home
without a search warrant if the time required to obtain a warrant would
prejudice an investigation. Although security officers generally
obtained search warrants, they occasionally conducted searches without
warrants to apprehend suspected criminals or to seize property believed
stolen.
During the year police raided dozens of homes in the Nairobi slums
in search of suspected Mungiki members.
City council officers and police officers also frequently raided,
evicted, or destroyed the homes and businesses of citizens in slums or
other areas who did not hold proper legal title. Residents complained
that these actions were often intended to extort bribes from residents
and small business owners.
In September 2009 parliament accepted an amended version of the Mau
Forest Task Force report, authorizing the eviction of all 2,000
residents in the Mau Forest; evictions were carried out in November and
December 2009. Evictees alleged that security forces destroyed property
and that the Government failed to provide adequate emergency shelter or
promised compensation. Residents holding title deeds are entitled to
compensation.
By year's end Mau Forest evictees had not been resettled and still
were living in extremely poor conditions.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, but the Government sometimes
restricted these rights. Unlike the previous year, there were no
reports that security forces killed members of the media. However,
during the year security forces harassed members of the media, and
journalists practiced self-censorship.
The Government occasionally interpreted laws in such a way as to
restrict freedom of expression. The prohibition on discussion of issues
under court consideration limited deliberation on a number of political
issues, although this restriction was relaxed in September 2009. The
Government monitored many types of civil society meetings, and
individuals were not always allowed to criticize the Government
publicly without reprisal. In September 2009, the speaker of parliament
issued a ruling that the long-standing ``sub judice'' practice that
prohibited parliamentary discussion of issues under judicial
consideration could not be used to bar parliament from debating matters
of public interest as it had in the past.
The Government cited national or public security as grounds to
suppress views that were politically embarrassing. The Kenya National
Dialogue and Reconciliation Monitoring Project (KNDR) reported that two
journalists for the Star newspaper were charged in court in 2009 for
threatening national security. In October 2009, the KNDR reported that
journalists reporting on the security sector often were intimidated by
government officials and requested to reveal sources.
The Government occasionally interpreted laws to restrict press
freedom, and officials regularly accused the media of being
irresponsible and disseminating misinformation. There were also reports
of politicians paying journalists to avoid negative coverage or to
plant negative coverage of a political opponent.
Officials used libel laws to suppress criticism.
In 2009 Minister of Finance Uhuru Kenyatta sued the Nation Media
Group over its coverage of discrepancies in the national budget. Aaron
Ringera, the former chairman of the Kenya Anti-Corruption Commission
(KACC), initiated a libel case against the Standard Daily newspaper. No
new details were available on these cases by year's end.
In 2009 journalist Francis Kainda Nyaruri was abducted and killed
near Nyamira, Kisii. NGOs reported that a credible investigation did
not take place. There were no further developments in this case by
year's end.
In September 2009 the Communications Commission of Kenya (CCK), the
media licensing body, circulated new regulations related to the
controversial 2008 amendments to the Communications Act, which
President Kibaki signed in January 2009.
According to the new CCK regulations, ``all licensees, except the
public broadcaster shall not be assigned more than one broadcast
frequency for radio or television broadcasting in the same coverage
area.'' A license will be granted to only those who offer broadcasting
services for at least eight continuous hours per day. No frequency is
transferrable to another entity without the CCK's permission.
Generally the mainstream print media remained independent despite
attempts at intimidation by officials and security forces. The
mainstream print media included five daily newspapers, one business-
focused daily, and numerous regional weekly newspapers with national
distribution. There also were numerous independent tabloid periodicals
that appeared irregularly and were highly critical of the Government.
Of the several television stations operating in Nairobi, the
Government-owned Kenya Broadcasting Corporation (KBC) was the only
station with a national network of broadcast and cable television, AM
and FM radio, and short-wave transmission. Although KBC coverage was
generally viewed as balanced, its monopoly on national broadcasting
limited the ability of critics of the Government to communicate with
the electorate. The disadvantage to government critics posed by the KBC
monopoly on national broadcasting was particularly pronounced in the
period prior to the 2007 general elections.
The international media operated freely.

Internet Freedom.--There were no government restrictions on access
to the Internet. Individuals and groups could engage in the peaceful
expression of views via the Internet, including by e-mail. Internet
service was limited in rural areas due to lack of infrastructure.
According to International Telecommunication Union statistics for 2008,
approximately 8.6 percent of the country's inhabitants used the
Internet.
In July 2009 the Government announced that all cell phone users had
to provide the Government with their name and identification number for
each line owned; this announcement also affected citizens who accessed
the Internet through cell phone-based modems, potentially enabling the
Government to monitor Internet use.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
A number of publications remained banned, including the Quotations
of Chairman Mao Zedong and Salman Rushdie's Satanic Verses. The
Prohibited Publications Review Board reviewed publication bans.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
but the Government frequently restricted this right in practice.
Organizers must notify local police in advance of public meetings,
which may proceed unless police notify organizers that the meeting is
prohibited. According to the law, authorities may prohibit such
gatherings only if there are simultaneous meetings previously scheduled
for the same venue or if there is a perceived, specific security
threat. However, police routinely denied requests for meetings filed by
human rights activists and dispersed meetings for which no prohibition
had been issued. Civil society groups noted that when they tried to
comply with the licensing policy, police often refused to issue permits
in a timely manner.
Police forcibly dispersed demonstrators.

Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right. The Societies Act requires that every association be registered
or exempted from registration by the registrar of societies.
The 2002 ban on membership in the Mungiki criminal organization
remained in effect. The Mungiki espoused political views and cultural
practices that were controversial in mainstream society. Also in 2002
the Government declared the group a criminal organization because it
ran protection rackets, particularly in the public transportation
sector, and harassed and intimidated residents. The Mungiki had a
significant following among the poor and unemployed. Other prohibited
criminal organizations with political or cultural trappings included
the Kamjesh, Chinkororo, Baghdad Boys, Jeshi la Embakasi, Jeshi la
Mzee, Amachuma, Sungu Sungu, and a local group called ``the Taliban.''

c. Freedom of Religion.--For a description of religious freedom,
please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights. The
Government largely cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
Police routinely stopped vehicles throughout the country and often
engaged in solicitation of bribes at such checkpoints. Ethnic Somalis
are frequently required to provide additional identification. HRW
stated during the year that the Government continued to illegally
deport hundreds of Somali asylum seekers back to Somalia. HRW also
stated that the Government detained and deported ethnic Somalis and
Ethiopians on the assumption they were economic migrants or potential
security risks; the NGO believed that some of these deportees were
Kenyan citizens and legal residents.
Refugee freedom of movement was severely restricted, and the
Government tightened its restriction on travel outside of refugee camps
unless approved by the Government and the UNHCR. There were instances
in which refugees outside of the camps were detained despite holding
valid travel passes.
Civil servants and MPs must obtain government permission for
international travel, which generally was granted.
The law prohibits forced exile, and the Government did not use it.
However, in 2009 four witnesses to the OFFLACK killings went into self-
imposed exile after being intimidated by the police (see section 1.a.).

Internally Displaced Persons (IDPs).--In September 2009 President
Kibaki stated that approximately 7,000 of the 350,000 persons who fled
their homes in Rift Valley Province, Central Province, Nairobi, and
other sections of the country as a result of 2008 postelection
interethnic violence, still had not been resettled in their home
regions. In 2008 the Government announced ``Operation Rudi Nyumbani''
(Operation Return Home) to return IDPs in camps to their homes;
however, the majority of IDPs chose to relocate to transit sites near
to their homes. By the end of 2008 the Government had closed or ceased
providing services to IDP camps; however, in 2009 the Kenya Red Cross
Society reported that 99,198 IDPs resided in transit sites. IDP camp
residents complained that police used force and did not offer adequate
compensation during the resettlement.
Rapes allegedly perpetrated by residents of camps, local residents,
and sometimes by police personnel occurred in IDP camps. In 2008 the
representative of the UN secretary general on the human rights of IDPs
visited the country and concluded that the returns of some IDPs were
not voluntary and based on informed choices. In a 2008 report the KNCHR
found that the Government had used intimidation and force to remove
IDPs from camps and had failed to provide housing, food, and clean
water to resettled camp residents. The KNCHR also found that resettled
residents were exposed to sexual violence and harassment.
In 2009 government eviction and destruction of homes in low income
areas resulted in IDPs. For example, in July of that year police
bulldozed homes in Githogoro Village, Nairobi, displacing 3,000
residents.
There were also many other causes of displacement in 2009,
including land disputes and flash floods. NGOs reported that hundreds
of pastoralists were displaced in conflicts over pasture and watering
holes in semiarid regions of North Eastern, Eastern, and Rift Valley
Provinces. Karamojong from Uganda engaged in cross-border cattle raids
in Western Rift Valley Province, resulting in death and displacement
among the Pokot and Turkana tribes.
An unknown proportion of the several thousand persons displaced by
ethnic clashes from the 1990s had not returned to their homes due to
fear of renewed violence.

Protection of Refugees.--The law provides for the granting of
asylum or refugee status for those claiming asylum, and the Government
coordinates with UNHCR to provide refugees protection. During the year
the Department of Refugee Affairs (DRA) hired a consultant to develop a
refugee policy to provide implementing guidelines for the 2006 Refugee
Act. By year's end, however, the Government fired the consultant and
was in the process of searching for a replacement consultant.
Additionally the commissioner of refugee affairs stepped aside due to
corruption allegations and was replaced by an acting commissioner until
the allegations were investigated.
The Government and UNHCR registered more than 90,000 new refugees
during the year, with some 65,000 new arrivals registered in Dadaab
refugee camp. The Dadaab refugee camps were severely overcrowded. UNHCR
had received county authorization to transfer 20,000 refugees to land
adjacent to an existing refugee camp but was blocked from implementing
the transfer by local government officials. The Government provided
some protection against the expulsion or return of refugees to
countries where their lives or freedom would be threatened on account
of their race, religion, nationality, membership in a particular social
group, or political opinion. However, there were credible reports of
the forcible return of Somali asylum seekers throughout the year; the
Kenya-Somalia border remained officially closed, limiting asylum
seekers from legally entering the country. A planned reopening of the
Liboi Registration Center for Somali asylum seekers had yet to be
formally authorized by the Government. Somali asylum seekers reportedly
paid approximately 7,500-15,000 shillings ($100-$200) per family in
bribes and transportation costs to travel from the Kenya-Somalia border
to the Dadaab refugee camps. HRW reported a ``systematic extortion
network'' of police officers along the Kenya-Somalia border who
committed serious human rights violations of Somali asylum seekers.
In 2009 international donors initiated a program to transfer the
responsibility of registering asylum seekers and completing refugee
status determinations from the UNHCR to the Government. However, the
plan had stalled and UNHCR still performed asylee registration and
refugee status determination. The Government also registered refugees
in Dadaab camps, located in the northeastern part of the country;
however, many refugees report they had not received their
identification documents by year's end.
The Government permitted the UNHCR to register and assist new
arrivals who successfully made their way to one of the three Dadaab
refugee camps. The UNHCR registered 65, 207 new arrivals in the Dadaab
camps during the year, increasing the camp size to more than 300,000
refugees (the three camps were designed to accommodate 90,000
refugees). In January the Garissa County Council approved the UNHCR's
request to extend the Ifo refugee camp in Dadaab to accommodate an
additional 90,000 refugees. However, due to disagreements with local
officials and UNHCR, the Ifo extension had not been opened. The UNHCR
began improvements to the land, as well as relocated 40,000 refugees to
the site. New arrivals to Kakuma refugee camp in the northwest also
continued to increase during the year, with 11, 387 new arrivals
documented during the year bringing the camp population to 81,000.
UNHCR reported that the host community had agreed to provide land for
the Kakuma Camp expansion, which would accommodate 5,000 additional
refugees. UNHCR was also in the process of negotiating the acquisition
of land at Kalobeyei for an additional camp during the year.
The UNHCR remained unable to provide newly arrived refugees with
plots in the Dadaab camps, restricting assistance to limited nonfood
items (sometimes only soap) and instructions to find their own
accommodations either with their clan members or outside the Dadaab
refugee camp complex. Cholera, meningitis, H1N1, and measles outbreaks
were all reported in Dadaab. Many new refugees reportedly bypassed
Dadaab camps because of the conditions and continued directly to Kakuma
camp or Nairobi.
Despite the policy that all refugees must reside in camps (the
Government has a de facto encampment policy), 11,387 newly arriving
refugees were registered in Nairobi during the year, bringing the
officially registered Nairobi refugee population to slightly more than
46,000 refugees. Unofficially, the UNHCR and NGOs estimated that more
than 100,000 refugees resided in Nairobi. In June the DRA began a 100-
day Rapid Results Initiative (RRI) to register urban refugees in
Nairobi and provide them with government refugee identity cards. The
DRA only targeted refugees previously registered with the UNHCR.
Despite a goal of registering and issuing government refugee identity
cards to 17,000 refugees, the DRA reportedly issued only 6,273 cards.
Following the RRI in August, the DRA stated that registration of new
asylum seekers would only take place in Dadaab and Kakuma refugee
camps, and that any refugee detained in Nairobi without a government-
issued refugee card would be subject to relocation to Dadaab or
possible deportation. The UNHCR continued to register refugees in
Nairobi at year's end. By year's end 11,813 asylum seekers were
registered with UNHCR in Nairobi pending refugee status determinations.
Security concerns, including rape, banditry, and shooting, remained
problems at both Dadaab and Kakuma refugee camps. Health and social
workers at the camps reported that due to strong rape awareness
programs, victims increasingly reported such incidents, resulting in
improved access to counseling, particularly in Kakuma refugee camp.
Capital FM, a local radio station, reported that during the year
approximately 300 crimes in Dadaab were reported to UNHCR authorities,
of which almost two-thirds were gender-based crimes, including 107
cases of reported sexual violence (rape, attempted rape, sodomy, and
defilement). Fifteen relief agencies followed a code of conduct for
humanitarian workers to further reduce incidents of sexual abuse by
agency staff in refugee camps.
Other security and human rights problems affecting refugees
included persecution of Muslim converts to Christianity; community
pressure against opponents of FGM; forced marriage, particularly of
young Sudanese and Somali girls; and family objections to out-of-clan
marriage. At times these resulted in the kidnapping of spouses and
children and domestic abuse. The UNHCR, Ministry of Internal Security,
and the Ministry of Immigration reached an agreement to increase the
police presence at all refugee camps, but the agreement remained
unsigned at year's end.
There were isolated incidents of ethnic-based violence at the
Dadaab refugee camps. In August a 13-year-old Somali youth was found
murdered in Dagahaley camp. In response to the gruesomeness of the
murder, a group of Somali refugees attacked and seriously injured
several Sudanese refugees. NGO staff and property was also attacked
with some damage to property and minor injuries reported. The UNCHR
removed all the Sudanese from Dagahaley to Ifo camp while tensions
cooled. According to the UNHCR, the violence against international
humanitarian agencies in Dadaab frequently revolved around staff
management disputes.
The Government required all refugees to remain at UNHCR camps,
which were located near the country's borders with Somalia and Sudan,
unless refugees had been granted permission to attend higher education
institutions, receive specialized medical care outside the camp, or
leave to avoid security threats. During the year the Garissa provincial
commissioner began implementing a strict adherence to the rules that
resulted in several delays in transporting refugees needing urgent
medical attention to Nairobi for treatment.
In 2009 the Government introduced mobile courts to serve the camp
populations, which were fully fledged judicial courts and instrumental
in curbing crime and violence.
In October 2009 HRW reported the recruitment of citizens as well as
refugees in Dadaab refugee camps by militias participating in the
Somalia conflict. The UN Children's Fund (UNICEF) confirmed the
reports, and the UNHCR launched an investigation. In response to its
findings, the UNHCR distributed bulletins in the camp warning refugees
who joined armed groups that they would be at risk of losing their
refugee status if they left the camp to join a militia. Additionally
the UNHCR initiated discussions with the Government to stop recruitment
in the camps. No incidents were reported during the year.

Stateless Persons.--In 2009 the UNHCR estimated that 100,000
stateless Sudanese Nubians, reportedly the descendants of Sudanese
forcibly conscripted by the British in the early 1900s, lived in the
country. The Sudanese Nubians were not granted citizenship or
identification documents, despite the UNHCR's conclusion that the
Nubians qualified for citizenship under prevailing nationality law. In
2003 the Nubians sought judicial relief from the Constitutional Court
to be declared citizens by birth. Citizenship is determined by
parentage, but the law also provides citizenship for Africans brought
to the country by colonial authorities. In 2005 the Nubians filed a
memorandum of admissibility with the African Commission on Human and
Peoples' Rights under the African Charter on Human Rights. In 2007 the
commission heard arguments on the admissibility of the case. The
Government presented its arguments and filed a brief on the merits of
the case. No further information on the case was available at year's
end.
According to the UNHCR, an unknown number of descendants of mixed
Eritrean-Ethiopian marriages also were stateless. They were unable to
obtain citizenship in either of those countries due to strong
nationalist prejudices. Their lack of proper documentation resulted in
difficulties in finding employment.
In March the International Rescue Committee (IRC), the Humanitarian
Policy Group (HPG) at the Overseas Development Institute, and the
Refugee Consortium of Kenya released their study, Hidden and Exposed:
Urban Refugees in Nairobi, Kenya, highlighting the vulnerability of
urban refugees in Nairobi. The report provided a critical assessment of
the Government's implementation of the 2006 Refugee Act, the
ineffective roles of the DRA and the UNHCR in protecting urban
refugees, the scarcity of assistance programs to urban refugees, and
the lack of possibility for local integration. In recognition of the
challenges faced by refugees in Nairobi, the UNHCR chose Nairobi as one
of five pilot cities to implement its Global Policy on Refugees in
Urban Areas.
In August the Government and two foreign governments released the
study, In Search of Protection and Livelihoods: Socio-economic and
Environmental Impacts of Dadaab Refugee Camps on Host Communities. The
study found that the impacts of the camps on the host communities were
significant. They were mainly positive from an economic standpoint
(although illicit), and resulted in a marked increase in the host
community population from 15,000 in 1989 to 148,000 in 2010. However,
host and refugee communities were found to overlap so closely that an
estimated 40,500 host community members within 30 miles of the camp
were thought to hold refugee ration cards.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government through free and fair multiparty elections, and citizens
exercised this right through generally free and fair local and
legislative elections held on the basis of universal suffrage. However,
the manner in which the 2007 presidential election results were tallied
raised serious doubts as to whether this right was respected in
practice on the presidential level.

Elections and Political Participation.--In 2007 the country held
local, parliamentary, and presidential elections. A total of 117
parties contested local elections, presenting 15,332 candidates, and
138 parties contested parliamentary elections, putting forth 2,548
candidates. Nine parties nominated presidential candidates.
Voting and counting at polling stations for the 2007 elections
generally were conducted in accordance with democratic standards,
although there were irregularities in both opposition and progovernment
strongholds. International observers concluded that the tallying
irregularities by the Election Commission of Kenya (ECK) in Nairobi
undermined the credibility of the ECK. In December 2007 the ECK
announced that President Kibaki won the election; violent protests
ensued.
A mixed Kenyan-international commission appointed in 2008 to
evaluate the elections found that the election results were
``irretrievably polluted.'' The commission also reported that the
election results, and especially the presidential election results,
lacked integrity.
International and local monitors reported that the election
campaign for the 2007 elections was generally free and fair, although
there were instances of violence between supporters of rival parties,
especially among progovernment parties. Although the Government
required parties to register prior to political rallies, the Government
by and large did not interfere with party campaign activities. Police
generally reacted professionally to instances of campaign violence.
Text messages, pamphlets, and Web logs sometimes were used to
disseminate hate speech that was banned under the election code of
conduct. The KNCHR and other civil society organizations accused the
Government of misusing state resources by providing transport and
funding rallies and election materials for some candidates in the
election campaign. While nearly 14.3 million citizens registered to
vote, an independent review commission concluded that voter rolls
contained the names of approximately 1.3 million deceased persons.
In accordance with the National Accord, the ECK was abolished in
2008 and an Interim Independent Electoral Commission (IIEC) was
established in May 2009. In August 2009, the IIEC conducted two
parliamentary by-elections, in Shinyalu and Bomachoge constituencies.
The by-elections were deemed free and fair by domestic and
international observers, although there were problems with the voter
registry, and several political parties bribed voters in exchange for
votes.
Women's participation in electoral politics remained low; however,
a record number of female candidates ran for parliament and for local
office in 2007, despite harassment and attacks. Women constituted 10
percent of all parliamentary candidates and held 21 of the 222 seats in
parliament. Women also held seven of 40 ministerial portfolios. Six of
the 12 nominated MPs were women.
The new constitution provides for the representation in parliament
of women, youth, persons with disabilities, ethnic minorities, and
marginalized communities.
During the year several by-elections were held, all of which were
peaceful and undisputed.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement these laws effectively, and
officials often engaged in corrupt practices with impunity. The World
Bank's 2009 Worldwide Governance Indicators reflected that control of
corruption and rule of law were severe problems.
Frequent press reports of government corruption fueled a widespread
public perception that massive corruption persisted up to the highest
levels of the Government and in parliament and that the Government took
little official action against the most corrupt. The media also
reported that several dozen police officers were arrested for petty
corruption in the last quarter of the year.
In September a report by the auditor general revealed that a total
of 7.6 billion shillings ($95 million) was unaccounted for within the
Government's ministries. The Mars Group Kenya, a local anticorruption
NGO, teamed up with the KACC during the year to assist in the
investigation regarding revenue leakages in government's budget.
In October the foreign minister and his permanent secretary chose
to step down (albeit with pay) while an investigation into the
fraudulent sale of embassy land in Japan worth more than 1.54 billion
shillings ($19.3 million) moved forward.
During the year the Ministry of Local Government and City of
Nairobi conspired to purchase a worthless plot of land, intended to be
a cemetery, for 283 million shillings ($3.5 million). The scandal
affected the deputy prime minister, his permanent secretary, and the
mayor of Nairobi. The mayor was arrested in October, but the deputy
prime minister was exonerated.
The Public Officer Ethics Act requires office holders to disclose
their income, assets, and liabilities, as well as that of their spouses
and children under the age of 18. The Act, however, does not require
public disclosure of this information, under the guise of protecting
the office holder's privacy. The new constitution provides citizens
with access to information held by the state and further requires that
the state publish and publicize any important information affecting the
nation; however, many elements of the new constitution remained
unimplemented. In practice, important reports regarding major
corruption scandals from the last decade have never been released to
the public.
In 2009 the media reported on three major corruption cases linked
to the Government: one involving oil; one involving education; and one
involving maize. A KACC report exonerated all of the alleged
participants. No one had been prosecuted in any of these cases by
year's end.
In 2008 the KACC sued seven current and former MPs for making
fraudulent reimbursement claims for allowances totaling 20 million
shillings ($250,000). The case was pending at year's end.
In 2003 the Government created the KACC and in 2004 appointed a
director and other staff. The KACC lacks prosecutorial powers and can
only recommend cases for prosecution to the attorney general. At the
end of 2009/2010 fiscal year, according to the KACC, it had recommended
461 cases for prosecution to the attorney general, including cases
involving nine ministers, four MPs, 12 permanent secretaries, seven
chairpersons of boards of public institutions, 67 directors and chief
executive officers of top public institutions, and 96 other senior
level management officers of public institutions. The attorney general
accepted the prosecution recommendations in 391of the cases and won
convictions in 74 of the cases, all involving low- and mid-level
officials.
Local anticorruption NGOs claimed that the KACC accomplished
little, despite significant financial support provided by the
Government. Some civil society organizations reported that the
Government also used the commission to harass critics. Since President
Kibaki assumed office in 2002, despite numerous scandals, no top
officials have been prosecuted successfully for corruption.
In August 2009 President Kibaki unilaterally reappointed Aaron
Ringera as the head of the KACC. This action led to widespread
criticism from parliament, society in general, the NGO community, and
international observers, since the appointment bypassed rules that
require a recommendation by the KACC advisory board and approval from
parliament. Parliament subsequently passed a motion nullifying
Ringera's reappointment, which the executive argued was not binding.
Ringera, who was the head of the KACC since its inception and was
widely viewed as ineffective, voluntarily resigned in September 2009.
In July PLO Lumumba took over as head of KACC. The reinvigorated
agency, which had begun to show signs of life in the months preceding
his assumption of duties, continued to engage actively on corruption
issues. In addition to prosecuting new cases of corruption, Lumumba
promised to reopen the mega-corruption scandals of the last decade,
including Anglo Leasing and Goldenberg.
Widespread corruption existed at all levels of the civil legal
system. Bribes, extortion, and political considerations influenced the
outcomes in large numbers of civil cases.
The chief justice dealt with complaints against specific judges and
magistrates; most complaints were related to court management. The
August 2009 report of a multidisciplinary task force that examined
judicial reform recommended introduction of a permanent mechanism to
handle complaints against the judiciary. No law was passed to establish
such a mechanism by year's end.
In 2008 OFFLACK noted endemic bribery in police recruitment. The
police often recruited unqualified candidates who had political
connections or who paid bribes, which contributed to poorly conducted
investigations.
Impunity was a major problem. Police officers rarely were arrested
and prosecuted for criminal activities and corruption, or for using
excessive force. Authorities sometimes attributed the absence of an
investigation into corruption or an unlawful killing to the failure of
citizens to file official complaints. However, the required complaint
form was available only at police stations, and the public was rather
skeptical regarding a process that assigned the investigation of police
abuse to the police themselves.
The Government took some steps in 2009 to curb police abuse. In May
2009, Internal Security Minister George Saitoti inaugurated the
National Task Force on Police Reform, an 18-member team. The task force
was guided by the Waki and Kriegler reports and the Vision 2030 plan.
The report was completed in October 2009, following five months of
gathering and analyzing views from the public and security experts.
In September 2009, President Kibaki removed Hussein Ali as police
commissioner. Ali was identified in official reports as one of the key
officials blocking reforms in the police force. His tenure was marred
by extrajudicial killings of more than 500 Mungiki members in 2007 and
brutal police killings and human rights violations during the 2008
postelection violence. His removal was widely hailed as a positive step
by society, the NGO community, and international observers.
In 2008 the Ministry of Provincial Administration and Internal
Security established a police oversight board to hear public complaints
and recommend disciplinary actions. At year's end, the board still was
not functional, due to a lack of political will and police concerns
that they were not represented.
There is no freedom of information law; however, access to
government information, particularly through the Internet, continued to
improve. The Government spokesman's briefings were televised, and
updates of many government Web sites were prompt. Parliamentary debate
continued to be televised live and broadcast via radio to the general
public.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. With the exception of
the police, government officials were usually cooperative and
responsive to the queries of these groups. However, there were reports
that officials also intimidated NGOs and threatened to disrupt their
activities, and that provincial administrators and security forces
interfered with less-established NGOs, particularly in rural areas. For
example, in 2008 local authorities filed criminal charges against two
persons who helped document allegations of human rights abuses against
security forces in the Mount Elgon region. WKHRW officers fled the
country following intimidation from local officials in 2008; however,
they returned to the country during 2009. Human rights activists also
claimed that security agencies conducted surveillance of their
activities.
In February 2009 the UN special rapporteur on extrajudicial,
summary, or arbitrary executions visited the country to investigate
extrajudicial killings. He released a report documenting hundreds of
extrajudicial killings by the security forces and the existence of
death squads. The Government rejected the report and its
recommendations and filed a protest with the UN.
During the year unknown persons threatened to kill the commandant
for administration at the police training college if he cooperated with
the ICC investigation into responsibility for the postelection
violence. The Government initially provided him with adequate security
but it was later withdrawn. Other potential witnesses for the ICC
investigations also were harassed, threatened, and beaten during the
year.
For example, in Eldoret the spouse of a witness received 3,000
shillings ($37.50) with a note informing her to keep the money to buy
her husband a coffin since he was a potential witness. Some witnesses
were bribed and promised a lavish lifestyle, while two were paid by
politicians to confess that they were coached by KNHRC to frame William
Ruto as one of the key organizers of postelection violence.
In 2009 cabinet ministers, political leaders, and businessmen
suspected of orchestrating the 2008 postelection violence allegedly
directed gangs and security agents working on their behalf to
intimidate and beat witnesses to the postelection violence who
testified before the CIPEV. Although the minister of justice
acknowledged that witnesses had been intimidated, beaten, and in some
instances forced into hiding, neither the Ministry of Justice nor the
Attorney General's Office took effective steps to protect the
witnesses.
Approximately 15 domestic organizations advocated for human rights
in the country; 14 were independent of the Government. Several NGOs
maintained comprehensive files on local human rights abuses. A number
of attorneys represented the indigent and human rights advocates
without compensation, although they could handle only a small
percentage of those who needed assistance and were concentrated in
Nairobi and other large cities. The Government sometimes allowed human
rights organizations to witness autopsies of persons who died in police
custody. The Government also permitted NGOs to provide paralegal
services to prisoners; the KNCHR noted that reports of human rights
abuses decreased in prisons with resident paralegals.
NGOs monitored the 2009 and 2010 by-elections and the August 4
constitutional referendum, in cooperation with the KNCHR and foreign
diplomatic missions.
A number of human rights organizations, including the Kenya Human
Rights Commission, the IMLU, and the KNCHR, produced reports
cataloguing human rights abuses. The KNCHR has the status of an appeals
court and can issue summonses, order the release of prisoners, and
require compensation for human rights abuses. However, the Government
routinely ignored the KNCHR's summonses and orders (see section 1.e.).
As required by the National Accord, in July 2009 the Government
established the TJRC to investigate politically and ethnically
motivated human rights abuses since independence. The TJRC had not held
any hearings by year's end.
During the year Chairman Bethwel Kiplagat was forced to step down
for investigation for his role in the 1984 Wagalla Massacre when he was
the permanent secretary of foreign affairs. It was alleged that he
lacked credibility and needed to be investigated. Vice Chair Betty
Murungi also resigned. During the year the TJRC carried out visits to
the Mount Elgon region where members of the Saboat Land Defence Force
were executed and beaten by the military personnel deployed to
undertake the exercise. The TJRC also carried out visits in other parts
of the country to discuss issues on historical injustice.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
sex, pregnancy, marital status, health status, ethnic or social origin,
color, age, disability, religion,
conscience, belief, culture, dress, language or birth. Government
authorities did not enforce effectively many of these provisions. There
was also evidence that some government and opposition officials
tolerated, and in some instances instigated, ethnic violence. The law
criminalizes homosexual activity.

Women.--The law criminalizes rape, defilement, sex tourism, and
sexual harassment; however, implementation remained limited, and as
many as 95 percent of sexual offenses were not reported to the police.
The law does not specifically prohibit spousal rape.
The law provides a maximum penalty of life imprisonment for rape,
although sentences usually were no longer than the minimum of 10 years.
NGO activists complained that a provision in the law that criminalized
false claims of sexual assault deterred the reporting of sexual
offenses.
In 2008 official police statistics indicated 627 rapes during the
year, but human rights groups estimated that more than 21,000 rapes
were perpetrated annually. The rate of reporting and prosecution of
rape remained low because of the police practice requiring that
survivors be examined by a police physician; cultural inhibitions
against publicly discussing sex; survivors' fear of retribution; police
reluctance to intervene, especially in case cases where family members,
friends, or acquaintances were accused of committing the rape; poor
training of prosecutors; and the unavailability of doctors who might
provide the evidence necessary for conviction.
According to NGOs police procedures in handling cases of rape and
sexual assault created substantial barriers to the investigation and
prosecution of suspected perpetrators of rape and sexual assault.
Police prosecutors required survivors of sexual assault to be examined
by a police physician prior to the initiation of an investigation and
required the same physician to testify during trial. As of the end of
2009, there was only one police physician in Nairobi, and police
physicians were generally not present in rural areas. The police
physician in Nairobi frequently issued examination reports that
conflicted with the findings of other medical professionals, was often
not available to conduct exams, and frequently failed to appear in
court. As a result numerous alleged cases of sexual violence were not
investigated by the police, and numerous cases were dismissed from
court due to the absence of the police physician.
The Government did not investigate or prosecute reported incidents
of widespread sexual violence following the disputed election in 2008.
There were national guidelines on the management of sexual violence
under the Ministry of Public Health, but the implementation mechanisms
remained weak. The police lacked the capacity to handle most cases
including handling specimens from victims.
Domestic violence against women was a serious and widespread
problem but often was condoned by society and the courts. The penal
code does not contain specific provisions against domestic violence but
treats it as assault. Police generally refrained from investigating
cases of domestic violence, which they considered a private family
matter. The 2008-09 Kenya Demographic and Health Survey found that 39
percent of women had been the victims of domestic physical or sexual
abuse. NGOs, including the Law Society of Kenya and FIDA, provided free
legal assistance to some victims of domestic violence. FIDA research
undertaken during the year indicated that 83 percent of women and girls
in the country reported one or more episodes of physical abuse.
The law prohibits sexual harassment; however, sexual harassment
continued to be a problem. It was often not reported and rarely
resulted in charges being filed.
Subsidized contraception options, including condoms and birth
control pills, were widely available to both men and women throughout
the country, although access was more difficult in rural areas. Skilled
obstetric and postpartum care was available in major hospitals, but
many women were unable to access or afford these services. According to
UN estimates, the maternal mortality ratio in 2008 was 530 deaths per
100,000 live births.
The Government and private organizations supported a network of
more than 8,000 counseling and testing centers providing free HIV/AIDS
diagnosis. Diagnosis of other sexually transmitted infections was
available through hospitals and clinics throughout the country. HIV/
AIDS carried social stigma, and many citizens avoided testing due to
social pressure.
The law provides equal rights to men and women and specifically
prohibits discrimination on grounds of gender; however, women
experienced a wide range of discrimination in matrimonial rights,
property ownership, and inheritance rights. Women constituted an
estimated 75 percent of the agricultural work force and were active in
urban small businesses. The average monthly income of women was
approximately two-thirds that of men. Women held only 6 percent of land
titles; under traditional law, women in many ethnic groups could not
own land. Women had difficulty moving into nontraditional fields, were
promoted more slowly, and were more likely to be laid off. Societal
discrimination was most apparent in rural areas. Women also faced
discrimination in access to employment and to credit. The justice
system--particularly customary law--often discriminated against women,
limiting their political and economic rights and relegating them to
second-class citizenship.
The Law of Succession, which governs inheritance rights, provides
for equal consideration of male and female children but terminates the
inheritance rights of widows if they remarry. Moreover, a widow cannot
be the sole administrator of her husband's estate unless she has her
children's consent. The law also allows the Ministry of Justice to
exempt certain communities from the law in deference to tradition,
which in some cases, provides for equal distribution of a man's
property only among his sons. The law allows only males to transmit
citizenship automatically to their spouses and children.
Certain communities commonly practiced wife inheritance, in which a
man inherits the widow of his brother or other close relative,
regardless of her wishes. Other forced marriages were also common.
Although poor and uneducated women were more likely to be inherited or
suffer from property and inheritance discrimination, prominent and
educated women sometimes were victims.

Children.--Citizenship is determined by parentage. Lack of official
birth certificates resulted in discrimination in delivery of public
services such as education and health care.
Primary and secondary education was tuition-free (although
secondary enrollment was limited to students who obtained high scores
on standardized primary exams); however, classes were overcrowded due
to insufficient teachers and an inadequate budget. Rural families were
more reluctant to invest in educating girls than boys, particularly at
higher levels.
During the year more than 500 teachers were fired following reports
of professional misconduct, including sexual acts with students that
resulted in pregnancy in some cases. However, only approximately 30
cases appeared before the courts due to bribery.
A report released in November 2009 by the Teachers Service
Commission found that 12,660 female students were sexually abused by
teachers from 2003 to 2007.
In 2008 the Centre for the Study of Adolescence reported that
between 10,000 and 13,000 girls dropped out of school annually due to
pregnancy. While the Education Act gave pregnant girls the right to
continue their education until and after giving birth, NGOs reported
that schools often did not respect this right and that schoolmasters
sometimes expelled pregnant girls.
In 2008 the Ministry of Education estimated that 80,000 children
dropped out of school annually due to forced marriages and child labor.
Cherish Others, a local NGO, reported 30 cases of child marriage in
TransMara District in 2009 but also noted that local officials had
managed to prevent many more child marriages. In 2008 UNICEF reported
that nine out of 10 children from poor households failed to complete
primary education.
The Government ordered provincial administrators to arrest parents
who did not take or send their children to school. However, this law
was not enforced uniformly.
The Government banned corporal punishment in schools; however,
there were reports that corporal punishment occurred throughout the
year.
The law prohibits FGM under the age of 18 but it was practiced,
particularly in rural areas. FGM usually was performed at an early age.
According to UNICEF, one-third of women between the ages of 15 and 49
had undergone FGM, and in June 2009 an obstetrician estimated that 32
percent of women had suffered from the procedure. Of the country's 42
ethnic groups, only four (the Luo, Luhya, Teso, and Turkana, who
together constituted approximately 25 percent of the population) did
not traditionally practice FGM. According to the Ministry of Gender and
Children Affairs, in 2008 90 percent of girls among Somali, Kisii,
Kuria, and Maasai communities had undergone the procedure. The rates
among other communities were: Taita Taveta (62 percent); Kalenjin (48
percent); Embu (44 percent); Meru (42 percent); Kamba (37 percent); and
Kikuyu (34 percent). There were public awareness programs to prevent
the practice, in which government officials often participated.
Some churches and NGOs provided shelter to girls who fled their
homes to avoid FGM, but community elders frequently interfered with
attempts to stop the practice. Various communities and NGOs instituted
``no cut'' initiation rites for girls as an alternative to FGM.
In August 2009 two girls were forcibly circumcised against their
will in Narok, after previously fleeing threats of FGM by their
families.
Child rape and molestation continued to be serious problems. Police
reported that 1,626 children were defiled in 2008. The law establishes
a minimum sentence for defilement--defined as a sexual act with a child
involving penetration--of life imprisonment if the child is under 11
years old, of 20 years if the child is between 11 and 16 years old, and
of 10 years if the child is between 16 and 18 years old; a child is any
person under 18 years of age. Newspapers contained frequent reports of
molestation or rape of children by relatives, neighbors, teachers,
police, and clergy. NGOs The CRADLE and Care Kenya released a 2006
report entitled Robbing the Cradle that indicated an increase in child
sexual abuse and a decrease in the age of the youngest victims. The
most vulnerable victims were girls under age 18 and boys aged three to
eight. Most child abusers were neighbors, fathers, and other relatives.
Teachers were the worst perpetrators in the professional category, with
pastors and police officers following closely.
There were no developments in the following 2008 cases: the alleged
impregnation of four primary school students in Homa Bay by a teacher,
and a Nairobi teacher arrested for defiling a two-year-old boy.
Media reported discrimination against uncircumcised boys.
Newspapers frequently highlighted the problem of child marriages,
which was commonly practiced among certain ethnic groups. According to
UNICEF, 25 percent of young women had been married as children. The
Marriage Act forbids marriage under the age of 16, but the Mohammedan
Marriage and Divorce Act allows Muslim girls to marry at puberty. If a
marriage is entered into under the provisions of the act, any court
hearing matters related to the marriage applies the provisions of that
act when deciding the case.
Child prostitution increased in recent years due to both poverty
and the increase in the number of children orphaned by HIV/AIDS. Strong
growth in the tourism industry also led to a large increase in foreign
and domestic tourists seeking sex with underage girls and boys.
Political leaders expressed concern that minors in drought-affected
communities were leaving school and being lured to prostitution to
address their basic needs.
There were reports of children joining gangs and militia and of the
Mungiki gang recruiting young boys from schools. In 2009 armed groups
operating in Somalia, particularly the Al Shabaab militia and militias
supporting the Transitional Federal Government, allegedly recruited
minors from North Eastern Province and refugee camps in the country to
fight in Somalia.
Poverty and the spread of HIV/AIDS continued to intensify the
problem of child homelessness. In 2007 the Government began a pilot
program to place two million AIDS orphans with families in 20
districts. In 2007 the program placed 5,000 children in homes. Street
children faced harassment and physical and sexual abuse from police and
others, and within the juvenile justice system.
The Government operated programs to place street children in
shelters and assisted NGOs in providing education, skills training,
counseling, legal advice, and medical care to girls abused in, and
street children exploited in the commercial sex industry.

International Child Parental Abductions.--Kenya is not a party to
the 1980 Hague Convention on the Civil Aspects of International Child
Abduction. For information on international parental child abduction,
please see the Department of State's annual Report on Compliance with
the Hague Convention on the Civil Aspects of International Child
Abduction at http://travel.state.gov/abduction/resources/
congressreport/congressreport--4308.html as well as country-specific
information at http://travel.state.gov/abduction/country/country--
3781.html

Anti-Semitism.--The Jewish community was very small, and there were
no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the State Department's annual Trafficking in Persons Report
at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with physical or mental disabilities in employment,
education, access to health care, or the provision of other state
services; however, the Government did not effectively enforce these
provisions. The Ministry of Health is the lead ministry responsible for
implementing the law, but implementation was slow. The Government
equipped some public buildings with wheelchair ramps, and wheelchair-
accessible elevators and sanitary facilities. The Government assigned
each region a sign-language interpreter for court proceedings.
Provisions for persons with disability existed but not in all
polling stations. During the most recent by-elections the Kenya Society
for the Mentally Handicapped (KSMH) and the Disabled Voters of Kenya
Alliance worked closely with the IIEC to ensure that all persons were
able to cast their votes.
In 2008 the KNCHR ordered the Kenya Commercial Bank (KCB) to
reinstate an employee who had been terminated due to mental illness.
The KCB filed a suit objecting to the judicial powers held by the
KNCHR; the Attorney General's Office supported the KCB's claims. The
court issued an injunction against further intervention which barred
future action from the KNCHR in employee rights matters.
NGOs reported that persons with disabilities were affected
disproportionately by postelection violence, especially in IDP camps.
However, NGOs reported that camp administrators often failed to
recognize those with mental disabilities.
The education ministry permanent secretary stated that only 35,000
of the 147,000 children with special needs were enrolled in school,
while the KNCHR commissioner contended that fewer than 10 percent of
children with special needs were enrolled in school.
The KNCHR also stated that the Kenya National Examination Council
(KNEC) failed to provide adequate testing facilities and resources for
students with disabilities. The KNEC claimed that it provided special
accommodations, such as exams in Braille and in large print for
visually impaired candidates, and extra time to complete exams. The
Government was developing disability-specific curricula, but the
process was slow because the Government failed to allocate sufficient
resources and staff.

National/Racial/Ethnic Minorities.--The population is divided into
approximately 42 ethnic groups, among which discrimination and
occasional violence were frequent. The 2009 census released in August
revealed that the top ethnic communities were: Kikuyu at 6.6 million,
Luhya at 5.3 million, the Kalenjin at 5 million, Luo at 4 million,
Kamba, at 3.9 million, Kenyan Somali at 2.3 million, Kisii at 2.2
million, and Mijikenda at 1.9 million. The Kikuyu and related groups
dominated much of private commerce and industry and often purchased
land outside their traditional home areas, which sometimes resulted in
fierce resentment from other ethnic groups. The numerically small and
shrinking South Asian community controlled a disproportionate share of
commerce.
There was frequent conflict, banditry, and cattle rustling among
Somali, Turkana, Gabbra, Borana, Samburu, Rendille, and Pokot ethnic
groups in arid regions located in North Eastern, Eastern, and Rift
Valley provinces. In 2009 intervention by security forces to reclaim
stolen cattle resulted in police expropriating cattle that had not been
stolen, which inflamed ethnic tension.
The Government did not investigate alleged abuses committed in 2008
by security forces searching for illegal weapons in El Wak, Garri, and
Mandera.
During the year some of the communities, especially the Turkhana
and the Pokot, felt that the Government applied selective disarmament.
There were general complaints that the neighboring communities were
rearming while others were being disarmed. Cattle rustling was rampant,
and during the year several people were killed in Turkhana and Samburu.
In 2008 the Government established the CIPEV; it issued a report
that called for the establishment of a special tribunal to try
suspected organizers of postelection violence. On December 15, the ICC
prosecutor announced he was asking a pretrial chamber to issue
summonses to six persons who allegedly committed crimes against
humanity during in the postelection violence. The six named were:
former minister of higher education William Ruto; former minister of
industrialization Henry Kosgey; Head of Operations KASS FM radio
station Joshua Sang; Secretary to the Cabinet Francis Muthaura, Deputy
Prime Minister and Finance Minister Uhuru Kenyatta, and former police
commissioner Mohamed Ali.
Through the provincial administrations, the Government held public
meetings to promote reconciliation in communities affected by the
postelection violence and to establish a forum for dialogue and
peaceful resolution of conflicts. NGOs reported that implementation of
reconciliation efforts was not uniform.
Many factors contributed to interethnic conflicts: long-standing
grievances over land tenure policies and competition for scarce
agricultural land, the proliferation of guns, the commercialization of
traditional cattle rustling, the growth of a modern warrior/bandit
culture (distinct from traditional culture), ineffective local
political leadership, diminished economic prospects for groups affected
by a severe regional drought, political rivalries, and the inability of
security forces to adequately quell violence. Conflict between land
owners and squatters was particularly severe in Rift Valley and Coast
provinces, while competition for water and pasturage was especially
serious in the northern districts of Rift Valley and Eastern provinces
and in North Eastern Province.
In private business and in the public sector, members of nearly all
ethnic groups commonly discriminated in favor of other members of the
same group. Some neighborhoods, particularly in slum areas of the
capital, tended to be segregated ethnically, although interethnic
marriage had become fairly common in urban areas.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The penal code criminalizes
``carnal knowledge against the order of nature,'' which is interpreted
to prohibit homosexual activity and specifies a maximum penalty of 14
years' imprisonment. A further statute specifically criminalizes male-
to-male sex and specifies a maximum penalty of 21 years' imprisonment.
However, there were no reported prosecutions of individuals for sexual
orientation or homosexual activity during the year.
Lesbian, gay, bisexual, and transgender (LGBT) advocacy
organizations, such as the Gay and Lesbian Coalition of Kenya (GALCK),
were permitted to register and conduct activities. There was frequent
and widespread societal discrimination based on sexual orientation
during the year.
For example, during the year persons put up ``not wanted'' posters
of the GALCK president and other LGBT activists around Nairobi. The
posters also had bible verses depicting homosexuality as a sin.
On February 12, near Mombasa, an armed mob of between 200 and 300
persons surrounded KEMRI. Police arrived, took two KEMRI employees into
custody for their protection but did not arrest members of the mob (see
section 1.c.). Over the next week, mobs in the same area attacked and
beat other persons suspected of being gay.

Other Societal Discrimination.--There was societal discrimination
against persons with HIV/AIDS during the year. Stigmatization of HIV/
AIDS made it difficult for many families to acknowledge that a member
was HIV-positive, and no socially or politically prominent individual
admitted being HIV-positive. However, there were fewer reports of
violence against persons with HIV/AIDS.
The Ministry of Defense arranged for uniformed personnel, their
families, and some local persons to have access to HIV counseling and
testing, prevention programs, and antiretroviral treatment during the
year.
The Government worked in cooperation with international donors on
programs for HIV/AIDS prevention and treatment. This cooperation
enabled a continued expansion of counseling and testing as well as care
and treatment. These developments were seen as key to reducing stigma
and discrimination.
Organizations representing persons with albinism claimed that they
suffered widespread discrimination. There were no reported developments
in the 2008 case in which a child with albinism was killed in Namanga.
Section 7. Worker Rights

a. The Right of Association.--The law provides that all workers,
including those in the export processing zones (EPZs), are free to form
and join unions of their choice, and workers exercised this right in
practice. Workers numbering seven or more in an enterprise have the
right to form a union by registering with the trade union registrar. If
the registrar denies registration, a union may appeal to the courts.
The armed forces, police, prisons service, and the administration
police are explicitly prohibited from forming or joining unions. There
were 33 unions affiliated with the Central Organization of Trade Unions
(COTU) and four unions that were not COTU affiliates. These unions
represented an estimated 1.5 million workers, reflecting a steady
increase over the past two years. After the postelection violence,
worker displacement and other barriers that kept workers away from
their places of employment and union membership declined. The increase
in membership was a result of concentrated organizing efforts and
outreach to women, youth, and nontraditional sectors. The law allows
unions to conduct their activities without government interference,
including the right to strike, but this right was not always protected.
The law permits workers to strike, but requires formal conciliation
procedures to have been exhausted and seven days' notice to both the
Government and the employer. The law permits the Government to deny
workers the right to strike under certain conditions. For example,
members of the military, police, prison guards, and the National Youth
Service are prohibited from striking. Other civil servants are allowed
to strike following the seven-day notice period.
During the year union leaders were arrested and threatened for
defending the rights of workers on tea plantations. On October 18,
approximately 80,000 workers went on strike over the use of tea
plucking machines by six multinational companies which they claimed
could cost them their jobs. Workers from the Kenya Plantation and
Agricultural Worker's Union, who initiated industrial actions, were
arrested and some reported being tortured. Workers ended their two-week
strike after a court order which urged workers to negotiate with tea
firms to resolve concerns over the use of tea plucking machines.
The Ministry of Labor typically referred disputes to mediation,
fact-finding, or binding arbitration at the Industrial Court; during
mediation any strike is illegal, thus removing legal prohibitions on
employer retaliation against strikers. In practice a Ministry of Labor
referral to dispute resolution nullifies the right to strike.

b. The Right to Organize and Bargain Collectively.--While not
having the force of law, the Industrial Relations Charter (IRC),
implemented by the Government, the COTU, and the Federation of Kenya
Employers, gives workers the right to engage in legitimate trade union
organizational activities, and the Government protected these rights.
Both the Trade Disputes Act and the IRC authorize collective bargaining
between unions and employers, and unions and management establish
negotiated wages and conditions of employment.
Security forces cannot bargain collectively but have an internal
board that reviews salaries. Other groups that cannot bargain
collectively, such as health sector workers, have associations, not
unions, which negotiate wages and conditions that match the
Government's minimum wage guidelines; however, these agreements were
not legally enforceable. Workers in the military, prisons, the National
Youth Service, and teachers under the Teachers' Service Commission do
not have the right to bargain collectively. The law allows employers in
some industries to dismiss workers regardless of the provisions of
their collective bargaining agreements.
During the year NGOs and trade unionists reported a growing trend
towards the elimination of permanent positions in favor of casual or
contract labor, especially in the EPZ, agricultural, and manufacturing
sectors. In many cases the job was permanent, but an employer staffed
the position with rotating contract workers. This practice held at the
management level as well where employers hired individuals as
management trainees and kept them in this position for the maximum time
of three years. At the end of this time, instead of converting this
worker to permanent staff, the person was then replaced by another
trainee. In the banking sector and other commercial industries, there
were reports that casual workers were replaced when they expressed
interest in joining a union. One report stated that casual employment
grew by 13 percent in 2009, accounting for 32 percent of total wage
employment.
Except for the Factories Act, all labor laws apply in the EPZs;
however, the EPZ Authority and the Government granted many exemptions
to applicable laws. For example, the Government waived a provision of
the law that prevents women from working in industrial activities at
night. The Tailors and Textiles Workers Union claimed that a number of
garment producers in the EPZs refused to recognize the union and
resisted its efforts to organize their workers. The law prohibits
employers from intimidating workers; however, some antiunion
discrimination occurred, including in garment plants in the EPZs. The
Industrial Court, a body of up to five judges appointed by the
president, can order reinstatement and damages in the form of back pay
for employees wrongfully dismissed for union activities. Workers have
been fired for participating in trade union activities, especially in
export processing zones. COTU reported more than 1,000 cases where
workers were fired for participating in union activities across various
sectors. In addition to the EPZ, there were many reports that workers
in Nairobi's industrial zone were also dismissed. This practice
appeared to be more common in the urban areas, although there were also
reports that workers were fired on flower farms where managers insisted
that workers do not join unions.
The Government voiced its support for union rights but did not
protect them fully. Some unions complained that employers resisted
efforts to establish unions in their factories, even where most workers
indicated a desire for union membership, and that the Industrial Court
and Ministry of Labor and Human Resources Development were ineffective
in compelling employers to comply with the law.
In 2008 the Government strengthened the labor dispute system by
giving the Industrial Court the ability to enforce its decisions.
However, during the year union leaders reported that employers often
did not comply with reinstatement orders, and workers often accepted
payment in lieu of reinstatement. Most employers did not comply with
the reinstatement orders. In several cases, employers took the
industrial court decision to the High Court which reversed the
decision. The enforcement mechanisms of the industrial court remain
weak.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
slavery, indentured servitude, and forced and bonded labor, including
by children, but such practices reportedly occurred. Women, children,
and men were trafficked for commercial sexual exploitation and labor.
During the year there were reports of forced labor and child labor in
domestic service, street vending, child prostitution, subsistence and
commercial agriculture, and mining. Children primarily work in the
informal sector. Commercial sexual exploitation was widespread,
particularly in the coastal areas.
Forced child labor occurred. See also the Department of State s
annual Trafficking in Persons Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits all forms of child labor that are exploitive, hazardous,
or would prevent children under age 16 from attending school. However,
child labor was widespread, particularly in the informal sector, and
children were trafficked for commercial sexual exploitation and labor.
An estimated one million children between five and 17 years of age--
most between 13 and 17 years old--worked.
The 2005 Kenya Integrated Household Budget survey indicated that
951,273 children below the age of 18 were employed: 79.9 percent worked
in agriculture and 11.6 percent worked in domestic services. While
there were no recent official statistics, the Ministry of Gender,
Children Affairs and Social Development and NGOs focused on child labor
problems where the number of children engaged in child labor had
sharply risen to an estimated 2 million children. The increase was
attributed to increasing economic hardship where families relied more
on children to earn wages to support the households. The employment of
children in the formal industrial wage sector in violation of the
Employment Act was rare. Children worked primarily in the informal
sector, which was difficult to monitor and control. The Ministry of
Labor and Human Resources Development nominally enforced the minimum
age statute. The ministry remained committed to enforcing minimum age
statutes, but implementation remained problematic due to resource
constraints.
Children under age 13 are prohibited from working, and children
between 13 and 16 years of age may perform only ``light work'' that is
not harmful to their health or development and does not interfere with
their schooling. However, the law does not apply minimum age
restrictions to children serving as apprentices under the terms of the
Industrial Training Act. Persons under age 18 may not be employed in
any industrial undertaking at night, employment should not cause
children to reside away from parents without their approval, and
permission to work in a bar, hotel, or restaurant requires annually
renewed consent from the labor commissioner.
The law prohibits the employment of a child (defined as a person
under the age of 18) in any activity that constitutes a worst form of
child labor and provides fines for employing children in such
activities of up to 200,000 shillings ($25,000) and/or imprisonment for
up to 12 months. The penal code prohibits procurement of a girl under
age 21 for unlawful sexual relations and criminalizes child commercial
sexual exploitation, child labor, and the transport of children for
sale.
Many children worked on family plots or in family units on tea,
coffee, sugar, and rice plantations. Children also worked in mining,
including abandoned gold mines and small quarries, breaking rocks and
sifting through tailings. Children often worked long hours as domestic
servants in private homes for little or no pay, and there were reports
of physical and sexual abuse of child domestics. The Ministry of
Gender, Children Affairs and Social Development and the NGO Eradicate
Child Prostitution in Kenya estimated that 30,000 of these children
were exploited in the sex industry every day. Forced or compulsory
labor by children, such as agricultural labor, prostitution, and
domestic servitude sometimes were initiated by their parents. During
the year, there were reports that children participated in ethnic-based
militia activity.
The Government worked closely with the COTU and the International
Labor Organization to eliminate child labor. In 2004 the Government
prepared a practical guide to labor inspection and trained labor
inspectors and occupational health and safety officers to report on
child labor. The National Steering Committee on the Elimination of
Child Labor, which includes the attorney general, eight ministries,
representatives of child welfare organizations, other NGOs, unions, and
employers continued to operate and met quarterly. An Interministerial
Coordination Committee on Child Labor, chaired by the minister for
gender, children's affairs, and social development, was responsible for
setting general policy.
Many NGOs were active on child labor issues and assisted in the
return to school of child laborers. During the year the Government
continued to implement a multitude of programs for the elimination of
child labor with dozens of partner agencies. The partners placed the
children in schools, vocational training institutions, and
apprenticeships and supported income-generating activities for
thousands of parents. Partners also provided support to schools for
income-generating activities to help keep children from poor families
in school.
UNICEF, the Ministry of Tourism and Wildlife, the World Tourism
Organization, and NGOs continued to work with the Kenya Association of
Hotelkeepers and Caterers, a representative body of hotels and tour
operators, to increase their awareness of child prostitution and sex
tourism. The association encouraged all hospitality-sector businesses
to adopt and implement the code of conduct developed by the NGO End
Child Prostitution and Child Pornography and Trafficking of Children
for Sexual Purposes. During the year the majority of hotels on the
coast had signed the NGO's code of conduct and continued to self-
regulate through the Kenya Association of Hotelkeepers and Caterers.
The Ministry of Tourism and Wildlife continued to register villas and
cottages and impose the same requirements as on hotels. During the year
the cabinet approved a new tourism bill that would establish a
regulatory authority to oversee all hotels, villas and cottages,
including their adherence to the code of conduct. At year's end, the
bill remained in parliament.
During the year the Child Protection Department employed a total of
450 children's officers, an increase in the number of officers. Also
during the year the Government's cash transfer program for orphans and
vulnerable children expanded to cover 47 districts and to reach an
estimated 100,000 beneficiaries. It was cofunded by the Government and
development partners. The beneficiaries each received 3000 shillings ($
39) per month, a 50 percent increase in the cash payment received by
each family since last year. There were an average of three orphans and
vulnerable children in each beneficiary household who directly
benefitted from the program.

e. Acceptable Conditions of Work.--Regulation of wages is part of
the Labor Institutions Act, and the Government established basic
minimum wages by occupation and location, setting a minimum bar for
monthly, daily, and hourly work in each category. In many industries,
workers were paid the legal minimum wage; however, in most cases these
wages were far outpaced by the cost of living. The lowest legal urban
minimum wage was 6,743 shillings (approximately $85) per month, and the
lowest agricultural minimum wage for unskilled employees was 2,536
shillings ($35) per month, excluding housing allowance. During the year
the Productivity Center of Kenya, a tripartite institution including
the Ministry of Labor, the Federation of Kenyan Employers, and the
COTU, continued to set wage guidelines for various sectors based on
productivity, inflation, and cost of living indices. While the center
continued to set guidelines, it did not have the personnel with
sufficient expertise to gain the respect of industry. Many employers
did not obey the center's recommendations. The minimum wage did not
provide a decent standard of living for a worker and family. Most
workers relied on second jobs, subsistence farming, other informal
work, or the extended family for additional support. A large percentage
of the labor force worked in the informal sector and was not covered by
these provisions.
The law limits the normal workweek to 52 hours (60 hours for night
workers); some categories of workers had lower limits. The law
specifically excludes agricultural workers. An employee in the
nonagricultural sector is entitled to one rest day per week, and there
are provisions for 21 days of combined annual and sick leave. The law
also requires that total hours worked (regular time plus overtime) in
any two-week period not exceed 120 hours (144 hours for night workers).
The Ministry of Labor and Human Resources Development was responsible
for enforcing these regulations. Violations were reported during the
year. Workers in some enterprises, particularly in the EPZs and road
construction, claimed that employers forced them to work extra hours
without overtime pay to meet production targets. In addition employers
often did not provide nighttime transport, leaving workers vulnerable
to assault, robbery, and sexual harassment. During the year trade
unionists complained that some government labor inspectors were bribed
by employers to avoid penalties for labor violations. The extremely low
salaries and the lack of vehicles, fuel, and other resources made it
very difficult for labor inspectors to do their work and left them
vulnerable to bribes and other forms of corruption. Employers in all
sectors routinely bribed labor inspectors to prevent them from
reporting infractions, especially in the area of child labor.
Labor laws require two weeks' paternity leave, three months'
maternity leave with full pay, and compensate both public and private
employees for work-related injuries and diseases contracted at work.
However, in 2008 employers challenged the workers' compensation
provisions in court. At year's end, the case continued.
The law detailed environmental, health, and safety standards;
however, the Government did not effectively enforce the law. Fines
generally were too low to serve as a deterrent to unsafe practices.
EPZs are excluded from the Factory Act's provisions. The Ministry of
Labor's Directorate of Occupational Health and Safety Services (DOHSS)
has the authority to inspect factories and work sites, except in the
EPZs; it employed 79 inspectors, far short of the 168 reportedly needed
to inspect factories adequately and enforce its safety and health
orders. No new inspectors were hired since 2007. During the year the
DOHSS had a target of 4,840 inspections, carried out 4,000 inspections
and prosecuted 100 companies for violating occupational health and
safety regulations. There continued to be widespread hazards, such as
lack of basic safety equipment and emergency escape routes in many
companies. During the year labor unions and NGOs continued to criticize
health and safety conditions in the EPZs and other sectors, such as
small horticultural producers.
DOHSS health and safety inspectors can issue notices against
employers for practices or activities that involve a risk of serious
personal injury. Such notices can be appealed to the Factories Appeals
Court, a body of four members, one of whom must be a high court judge.
The law stipulates that factories employing 20 or more persons should
have an internal health and safety committee with representation from
workers. The DOHSS developed a program to help factories establish the
committees and trained them to conduct safety audits and submit
compliance reports to the DOHSS. According to the Government, most of
the largest factories had instituted health and safety committees by
year's end.
Workers, including foreigners and immigrants, theoretically have
the right to remove themselves from situations that endanger health or
safety without jeopardy to their employment; however, this right was
not enforced effectively, and workers were reluctant to do so due to
risk of losing their jobs.

__________

LESOTHO

Lesotho is a constitutional monarchy with a population of 1.88
million. Under the constitution, the king is head of state but does not
actively participate in political activities. The prime minister is
head of government and has executive authority. In the 2007 election,
the governing Lesotho Congress for Democracy (LCD) party retained a
majority of seats in the legislature; domestic and international
observers characterized the election as free and peaceful. Other
observers, including members of the leading opposition parties and some
nongovernmental organizations (NGOs), stated it was not entirely fair.
Issues from the 2007 election were still contested and remained the
greatest source of political conflict between the ruling and opposition
parties. Security forces reported to civilian authorities, but there
were instances in which elements of the security forces acted
independently of civilian control.
The following human rights abuses were reported: killings, torture,
and abuse by police; mob violence; poor prison conditions; lengthy
pretrial detention, and long trial delays. Societal abuses included
abuse of spouses and children; sexual abuse; restrictions on women's
rights; discrimination against women; stigmatization of persons with
disabilities and HIV/AIDS; and child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings during the
year; however, security forces killed persons during the year.
According to the Inspectorate for Complaints and Discipline (ICD),
which monitors and investigates reports of police abuse, three persons
died in police custody during the year.
For example, in July a 25-year-old prisoner was found dead in his
cell at Leribe police station. According to police spokesperson Masupha
Masupha, police ``suspect that some police officers could have
contributed to the man's death through torture.'' Investigation results
were not disclosed.
According to the Police Complaints Authority (PCA), an independent
oversight body that monitors police behavior and addresses grievances
against police, there were six alleged murder cases during the year
involving police. Investigations continued at year's end.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution and law expressly prohibit such
practices, there were reports of police torture and abuse.
Between January and September, the PCA received a total of 10
reports of torture/assault by police. These included allegations that
police assaulted Ha Tsae villagers, unlawfully arrested and assaulted a
suspect, tortured a suspect, received a bribe, unlawfully confiscated
and then damaged two vehicles, delivered services poorly at Morija, and
damaged property. Two of the 10 cases were sent to court, and eight
were under investigation at year's end. The process of enforcing police
accountability was slow, but internal affairs organs prosecuted some
members of the security forces. More serious offenses, such as murder,
were sent to the High Court via the Office of the Director of Public
Prosecutions.
In February Maseru police reportedly handcuffed and repeatedly
asphyxiated post office manager Taele Mohale with a plastic bag. Mohale
was suspected of aiding thieves that stole from the post office.
Constable Ntepe, Sergeant Masela, and Constable Khotso were accused of
repeatedly beating Mohale's buttocks with a knobkerrie (club) outside
the police station in the presence of a crowd. In September Mohale
filed a 200,000 maloti ($28,571) lawsuit against police for torture,
unlawful arrest and detention, and humiliation. According to the
victim, the actual thieves were caught at a later stage, and the case
was pending in the High Court at year's end.
On March 19, Tukula Makhakhe stated he was tortured by Maseru
police and forced to confess to charges of armed robbery. Members of
the Police Vehicle Theft Detection and Counter-Robbery Crime Unit
assaulted him with knobkerries, an iron rod, and a tire tube. He later
retracted his confession to the magistrate, claiming it was made under
duress. Makhakhe last appeared in court in September and was remanded
out of custody; however, he failed to attend monthly remands, and there
was a warrant for his arrest at year's end. The case was pending in the
Magistrate Court at year's end.
In the early hours of April 12, police raided the village of Thota-
Peli, Berea District, according to the Sunday Express newspaper. Police
searched for the illegal firearms used in a clash over grazing land
that had killed two local residents. Police allegedly whipped, kicked,
and struck people with the butts of their guns, ordering some of them
to ``roll in the morning dew naked.'' Although targeted mainly at men,
the raid also victimized some women, the elderly, and children. One
victim stated that police choked her husband while pulling his genitals
when he protested that he did not have a gun. The next morning
villagers marched to Teyateyaneng Police Station to report the
incident; police reportedly intercepted the villagers and beat them
again. Former minister of agriculture Lesole Mokoma subsequently held a
rally in the village. He warned that any member of the LCD who lodged a
formal complaint against the police would be viewed as fighting the
Government. Forty-eight villagers led by their chief, Molomo Mopeli,
filed a lawsuit demanding compensation of 24 million maloti
(approximately $3.4 million). Acting on instructions of the 48
residents and their chief, advocate Zwelakhe Mda issued a civil claim
against the attorney general, Tsokolo Makhethe, and commissioner of
police, Malejaka Letooane, on September 4. Receiving no response from
the state, Mda filed a summons on December 31.
On May 23, a soldier stationed at the entrance of the residence of
the minister of public works and transport allegedly shot an
unidentified person. According to police forensic investigations,
evidence found at the scene did not match the guard's version of the
story. He was charged with attempted murder and was waiting to appear
in court at year's end.
On June 17, police in Ha-Lekhobanyane arrested and assaulted
villagers suspected of stoning and burning a woman to death. The woman
was presumed to have been mentally ill, but villagers suspected her of
witchcraft. One victim, Nthejane Lelimo, stated that police beat his
ribs and back with a knobkerrie, while Malefetsane Mokhele alleged that
police beat the soles of his feet. Mantsoti Khutlang sustained a
fractured jaw and swollen cheeks after she was repeatedly punched in
her face.
A local cab driver claimed that he was assaulted by a police
officer who demanded to see his license. The magistrate found him
guilty of reckless driving and failing to obey police instructions. The
case against the police officer was dropped after the prosecutor
rejected the cab driver's evidence.
In August 2009 local newspapers and private radio stations reported
that several male residents in the village of Nokong, Berea District,
accused police of torture and unlawful detention. They alleged that
police conducted a raid on the village searching for illegal guns at
selected homes. After failing to find any illegal weapons, police
allegedly took the men from their homes to a plateau overlooking the
village and beat them. The PCA investigated the case and issued a
report to the minister of home affairs and public safety. The report
was not made public. The ICD also investigated the torture allegations
of the Nokong villagers but did not release a report.
The media reported several incidents of ``mob justice'' in which
members of the society took the law into their own hands to punish
suspects.

Prison and Detention Center Conditions.--Prison conditions were
poor, and facilities were overcrowded and in disrepair. The country's
prisons had a combined capacity of 2,910, but sometimes held twice that
number. Maseru Central Prison had an estimated capacity of 600 inmates
but held up to 860 prisoners during the year. Berea and Butha-Buthe
prisons were constructed in 1886 and 1907. Sanitation and nutrition
were poor, although potable water was available. Prison facilities
lacked bedding, ventilation, and proper lighting. Heating and cooling
systems did not exist.
Prisoners received free medical care from government hospitals, and
all prisons had a nurse and a dispensary to attend to minor illnesses.
Some correctional facilities owned ambulances to transport inmates for
emergency medical care. The Lesotho Correctional Service (LCS) employed
a full-time HIV/AIDS coordinator who trained 90 peer educators during
the year.
The LCS reported a total prison population of 2,498, including 77
juveniles, 2,360 men, and 61 women. Pretrial detainees were held with
convicted prisoners. High-security prisoners and military prisoners
were held in a separate facility.
There were reports of prisoners brutalizing and raping other
prisoners, although statistics were unavailable.
From April 2009 to September (data is based on the fiscal year,
which runs from April to March), seven deaths were reported in prisons
countrywide. Six deaths were due to illness, primarily HIV/AIDS. One
death resulted from a fight between two inmates, both of whom had
histories of mental illness.
Prisoners had reasonable access to visitors and were permitted
religious observance. Authorities permitted prisoners and detainees to
submit complaints to judicial authorities without censorship and
allowed them to request investigations of credible allegations of
inhumane conditions. Authorities investigated credible allegations of
inhumane conditions, but reports were not made public. Individuals must
go through the Public Relations Office to obtain information about a
particular case. The Pardons Committee and Advising Committee have the
authority to inspect prisons. The Management Committee for Juveniles
monitors conditions of juvenile prisons.
Prison regulations provide for visiting committees made up of
principal chiefs, church ministers, representatives of the business
community, advocates of the High Court, and other citizens; however, no
such visits were conducted during the year. These committees were
authorized to visit any prison without the prior knowledge of the
prison director and generally were allowed to do so. The committees
reported their findings to the prison director as well as to the
general public.
International human rights groups were permitted to monitor prison
conditions, although there were no known visits during the year.
The Office of the Ombudsman can enter and inspect jails, prisons,
and military cells to assess conditions and make recommendations to
protect the rights of prisoners and detainees; however, the last
inspection was conducted in 2005. The Office of the Ombudsman did not
monitor the enforcement of pretrial detention restrictions and bail
provisions. Detailed recordkeeping procedures to ensure that prisoners
did not serve beyond the maximum sentence for offenses were not
available.
The renovation of the Maseru Central and Leribe District prisons
continued during the year.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.

Role of the Police and Security Apparatus.--The security forces
consist of the Lesotho Defense Force (LDF), Lesotho Mounted Police
Service (LMPS), National Security Service (NSS), and the LCS. The LMPS
is responsible for internal security. The LDF maintains all external
security and assists the police when requested by the LMPS
commissioner. The NSS is an intelligence service that provides
information on possible threats in support of internal and external
security.
The prime minister has direct authority over the LDF and NSS as
minister of defense and national security. The LCS is under the
Ministry of Justice, Human Rights, Correctional Services, Law, and
Constitutional Affairs. The LMPS is under the Ministry of Home Affairs
and Public Safety (MHA).
The country is divided into three police regions, which are
subdivided into districts. A shortage of human and financial resources
limited LMPS effectiveness.
The internal affairs organs that address corruption and other
offenses by police are the ICD and the PCA. Commonly imposed forms of
disciplinary action included fines, suspension, demotion, or dismissal
from service. Current legislation does not grant the PCA powers of
search and seizure or the authority to summon police officers. Local
NGOs complained that the PCA's inability to initiate cases based on
public complaints limited its effectiveness. Cases were initiated only
at the request of the minister of home affairs and public safety.
The LDF continued its 15-year plan for restructuring and reform
begun in 1998; however, high turnover rates and budget restrictions
resulted in delays.

Arrest Procedures and Treatment While in Detention.--The law
requires police to obtain a warrant from the magistrate prior to making
an arrest. Suspects are apprehended openly and informed about their
rights before they are brought before an independent judiciary.
Suspects must be informed of charges within 48 hours, and their
families must be notified of any detention. The law allows family
members to visit inmates. According to media reports and LMPS
officials, police did not always comply with these provisions. The law
provides for bail, which authorities granted regularly and, in general,
fairly. Defendants have the right to legal counsel. Detainees were
allowed prompt access to a lawyer, and lawyers were provided for
indigents. The Legal Aid Division, under the Ministry of Justice and
Human Rights, offered free legal assistance, but a severe lack of
resources hampered the division's effectiveness. NGOs maintained a few
legal aid clinics.
There were no reported cases of authorities resorting to false
charges to detain or try persons for criticizing the Government.
Eighteen percent of inmates were in pretrial detention, which could
last for months or even years. The backlog was due to lack of
resources, judicial staffing shortages, delay tactics by defense
counsel, and unavailability of legal counsel. The average length of
pretrial detention was 60 days, after which authorities usually
released pretrial detainees on bail pending trial. The Speedy Trial Act
of 2002 provides that a suspect cannot be held in custody more than 90
days before a trial except in exceptional circumstances.
To address trial delays, the High Court of Lesotho, with the
assistance of the Commonwealth, engaged an expert to address the
problem. The High Court established a Commercial Court with two judges
in February and introduced a new individual docket system to ensure
that one judge handles cases from start to finish. The new system
involved the compilation of a database of pending cases beginning in
2005 and was designed to deter delay tactics often used by defense
counsels. From February to August, 431 civil cases were completed, more
than the total number of cases completed in all of 2009. On December
30, the chief justice swore in Judge Lebohang Molete, the third judge
of the Commercial Court, bringing the number of Basotho judges to
three.

Amnesty.--The Government occasionally granted amnesties and early
releases on Moshoeshoe's Day, the King's Birthday, Independence Day, or
Christmas Day. On Moshoeshoe's day, March 11, 71 male inmates were
released early. On July 17, the King's Birthday, 64 inmates (62 men and
2 women) were released early. On October 4, Independence Day, 44
inmates were released early (40 men and four women). On Christmas Day,
46 male inmates were released early. A total of 225 inmates (219 men
and six women) were released during the year.

e. Denial of Fair Public Trial.--The constitution and law provide
for the right to a fair trial, and an independent judiciary generally
enforced this right. The country has a dual legal system consisting of
common law and customary law. Customary law is made up of the norms,
values, and practices of Basotho codified together under the Laws of
Lerotholi of 1903. Any norm, value, or practice not contained in that
book cannot be regarded as law and was not binding on any Mosotho. It
applied to every Mosotho, but there were instances in which one could
opt for common law instead of customary law, such as for marriage.
However, there were instances where one cannot opt for customary law,
but it may automatically apply depending on the merits of the case.
Customary law is equivalent to common law, that is, if no law is
superior to another, they apply equally.
The constitution and law provide for an independent judiciary, and
the Government generally respected judicial independence in practice.
There was a large case backlog, which resulted in delayed trials.

Trial Procedures.--Defendants are presumed innocent until proven
guilty. There is no trial by jury. Trials are public, but in civil and
criminal matters a single judge normally hears cases. It is only in
high-profile constitutional, commercial, and appeals cases that more
than one judge is appointed. Defendants have the right to be present at
their trials and to consult with an attorney in a timely manner;
however, there were instances in which authorities did not advise
accused persons of their right to legal representation. Free legal
counsel was available, either from the state or an NGO. Defendants may
confront and question witnesses against them and present witnesses on
their own behalf. A defendant may present evidence on his own behalf at
the Magistrate Court, but at the High Court legal representation was
required.
Defendants have the right to access unclassified government
evidence. The Government cannot classify evidence and use it against a
defendant. If evidence is going to be used in court, both the plaintiff
and the defendant must have access. Defendants have the right to
appeal. A defendant may either be held or released on bail until
sentenced. The law extends these rights to all citizens.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary with jurisdiction over civil matters. Citizens
can freely access the court system to file lawsuits seeking cessation
of human rights violations or a recovery of damages. Some
administrative remedies were available from the Labor Court, as
stipulated by the Public Services Act. Judicial remedies for such
wrongs are addressed in the constitution. However, in some cases, the
Government failed to produce evidence in court and sequestered
witnesses, which damaged the claims of plaintiffs and resulted in
dismissal of cases.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution provides that ``every person shall be
entitled to respect for his private and family life and his home.''
Although search warrants were required under normal circumstances, the
law provides police with the power to stop and search persons and
vehicles and enter homes and other places without a warrant if the
situation is considered life threatening, if there are security
concerns, or if it is an emergency. The general public reportedly was
unaware that police were required to have search warrants.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights in practice. An independent press, effective
judiciary, and a functioning democratic political system combined to
ensure freedom of speech and of the press. However, some journalists
practiced self-censorship because the Government employed libel suits
in previous years. Media outlets risked being sued by the Government
for slander or libel. Further, state-owned media outlets reflected
positions of the ruling party.
The constitution and law provide for freedom of speech and press;
however, the Government did not always respect these rights in
practice. Some journalists practiced self-censorship.
Journalists were threatened during the year. For example, Marafaele
Mohloboli, deputy chairperson of MISA-Lesotho, reported having received
a death threat. She reported the matter to police, but there were no
further developments at year's end.
Unlike in the previous year, no journalists were attacked.
The Government employed lawsuits against media outlets, editors,
and journalists for libel and slander. Reports indicated that on
December 9, the prime minister filed a lawsuit at the High Court
against a local newspaper claiming two million maloti (approximately
$286,000) for defamation. The newspaper had alleged that the prime
minister embezzled eight million maloti (approximately $1.1 million).
Further, state-owned media outlets reflected positions of the
Government. During the May celebration of World Media Freedom Day, the
deputy chairman of the Media Institute of Southern Africa's Lesotho
chapter (MISA-Lesotho) threatened a media blackout if the Government
did not revise sanctions against noncompliant media houses. The
minister of communications, science, and technology stated that the
journalists practiced sensational reporting and harsh criticism of high
government officials to raise sales. For the past 13 years, MISA-
Lesotho has advocated for a new media policy.
On April 23, the Court of Appeal upheld the judgment by the High
Court that Billy Macaefa, a leader of the Lesotho Workers Party, was
not guilty of sedition and subversion. It was alleged that Billy gave a
speech at a political rally following the 2007 elections inciting the
people to overthrow the Government.
On May 5, members of the Lesotho National Assembly verbally
attacked Bongiwe Zihlangu, political editor of a major local newspaper.
They accused her of ``spreading false information about gratuities''
(one-time end-of-service bonuses) for members of parliament (MPs).
Zihlangu had reported on a proposed bill that gave MPs who had been in
parliament for two years 25 percent of their gratuity early. According
to the report by MISA-Lesotho, Zihlangu was sitting in the media
gallery when Rantelai Shea of the opposition Lesotho Workers Party
demanded that the journalist be thrown out of the parliament building.
Shea reportedly stated that ``freedom of the media leads reporters to
report on things that strip us of our dignity.'' He called for the
newspaper to be sued for lies about their gratuities. He further urged
that Zihlangu be sued ``in broad daylight and be ordered by the courts
to pay us the 307,000 maloti ($44,000) she alleges that we are going to
get.'' Zihlangu reportedly then left the parliament media gallery. The
Members of Parliament Salaries (Amendment) Bill 2010 passed on May 27.
In October the media reported that Thomas Thabane, leader of the
All Basotho Convention (ABC), the largest opposition party, threatened
to shoot the chief reporter and editor of a local newspaper when he was
requested to comment on allegations of a domestic dispute.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
Government generally respected these rights in practice.
The parliament unanimously passed the Public Meetings and
Processions Bill in May. The bill stipulates that anyone who wishes to
hold a public meeting or procession in an urban area should first make
written application for permission to ``an officer in command of police
in the area where the public meeting or procession'' is to be held.
Additionally ``a person wishing to hold a public meeting or procession
in an area that is not urban shall at least within seven days before
holding the public meeting or procession, make a written application
for permission to hold the procession or meeting, either to the headman
or representative of the headman of the area the meeting or procession
is intended to be held.''
Twenty students of Limkokwing University were charged under the
bill following rioting that took place during their strike on November
20. The students appeared at the Magistrate Court on November 23, and
the case was scheduled to be heard in June 2011.
Local media reported that police denied protesters' request for
permission to picket during South African President Jacob Zuma's visit
in August. Media reports indicated that the request was denied due to
inadequate staffing; the police, however, denied receiving an
application for the demonstration.
The High Court's inquest into the student riots at the National
University of Lesotho and subsequent police shooting and death of a
student in October 2009 had not begun by year's end.

c. Freedom of Religion.--For a complete discussion of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
free movement within the country, foreign travel, emigration, and
repatriation. The Government generally respected these rights in
practice.
According to the MHA, the Government cooperated with the Office of
the UN High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in providing protection and assistance to refugees,
asylum seekers, stateless persons, and other persons of concern.
In June the Government of South Africa announced that Lesotho
citizens could no longer travel to South Africa using temporary travel
documents, and six- month border permits would no longer be issued or
renewed. The change in procedure resulted in long waits at the border.
The MHA scrambled to print new passports and cope with the rising
demand. A reported backlog of up to 350,000 passport applications
dating back to 2002 slowed efforts. A meeting between the ministers of
home affairs of the two countries failed to resolve the matter. Clashes
between passport applicants and passport office workers were reported
in Leribe and Mafeteng districts during public protests against poor
passport service. Police brought these under control, and no injuries
were reported.
The constitution and law prohibit forced exile, and the Government
did not use it in practice.

Protection of Refugees.--According to the MHA, the Government
cooperated with the UNHCR and other humanitarian organizations in
providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.
In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion. There is no restriction on the movement of asylees.
A committee chaired by the MHA's principal secretary interviews
asylum seekers, then makes a recommendation to the minister of home
affairs, who has the final say on the matter. The committee consists of
officials from the MHA Legal Division, MHA Passport Department, Office
of the Director of Immigration, the UN Development Program, the
Ministry of Foreign Affairs, and LMPS.
There were 40 asylum seekers in the country. Most of them were from
the Democratic Republic of Congo; others were from Sudan, Ethiopia, and
Zimbabwe. In July the UNHCR donated equipment to produce identity
documents to enhance their access to local services.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--During the most recent
national elections, in 2007, the LCD party maintained a legislative
majority, claiming 61 of 80 constituency-based seats in the National
Assembly. Domestic and international observers characterized the
election as free and peaceful. Other observers, including members of
the leading opposition parties and some NGOs, stated it was not
entirely fair. Their complaints initially centered on the complicated
manner of allocating proportional parliamentary seats but later
included the manner of appointment of the leader of opposition in
parliament and review of the constitution and electoral laws.
Through a preelection alliance with the National Independent Party,
the LCD controlled a further 21 of 40 proportional representation
seats, bringing its majority to 82 out of 120 seats. The largest
opposition party, the ABC, won 17 constituency-based seats and 10
proportional seats through its own preelection alliance with the
Lesotho Workers Party. Although both major political parties created
alliances in an attempt to gain more seats, the most contested were the
21 seats gained by the ruling LCD party. Mediation efforts began
shortly after the election.
Ketumile Masire, former president of Botswana, led the mediation
process until July 2009. Masire stated that the alliances entered into
by the LCD and ABC undermined the mixed-member proportional electoral
model, making it ineffectual. He added that the LCD's main position--
that the High Court had already decided the question of alliances--was
not actually true, that the High Court had ``decided not to decide,''
and that the court's judgment was unhelpful. His report led civil
society organizations to resume talks mediated by the Christian Council
of Lesotho (CCL), but in August 2009 they were postponed. On February
21-22, the Southern African Development Community (SADC) Organ Summit
Troika--Mozambican President Armando Guebuza, Swazi King Mswati III,
and Zambian Defense Minister Kalombo Mwanza--visited Lesotho to restart
the mediation. The troika concluded that the CCL should continue
mediating and pledged to provide a facilitation team to support it. On
March 11, political leaders signed the ``Thaba Bosiu'' declaration
affirming their commitment to work for peaceful resolution of the 2007
postelectoral disputes, but the matter was not resolved by year's end.
The August 16-17 SADC Summit urged stakeholders to find a solution to
the lengthy dispute, including finalizing the proposed electoral law
amendment bill.
By-elections to replace deceased members of parliament were held on
May 25 in three constituencies. The ruling LCD won the contested
constituencies. Following the by-elections, the leader of the ABC party
protested the results, citing ``a corrupt relationship between the
Independent Electoral Commission (IEC) and the ruling party''; however,
no formal complaints were filed. He subsequently withdrew from
participating in all IEC-related activities. In December the National
Executive Committee of the ABC decided to redeploy its members to the
various IEC committees and at year's end planned to fully participate
in the upcoming local government and national elections.
There were 29 women in the 120-seat National Assembly and seven
women in the 33-seat Senate. The speaker of the National Assembly,
seven of 19 government ministers, two of four assistant ministers, five
of 10 judges on the High Court, and the commissioner of police were
women.
Approximately 98.5 percent of the population is ethnic Basotho.
There were no members of minorities in the National Assembly, the
Senate, or the cabinet.
Local elections were scheduled to take place in May but were
postponed until 2011. Opposition parties had threatened to boycott the
election over the continued allotment of 30 percent of the wards to
female candidates.
The men accused in the April 2009 events surrounding the
assassination attempt on the prime minister were still awaiting
possible extradition from South Africa. Alleged mastermind Jessie
Ramakatane's extradition case was pending in Magistrate Court. On July
29, the seven accused gunmen were found eligible for extradition in
Magistrate Court; they appealed, and their extradition case was pending
in Bloemfontein, South Africa's High Court.
The Government established a commission of inquiry to investigate
the attacks on Makoanyane Barracks, the prime minister's residence, and
certain residents of Maseru. On January 20, the commission--chaired by
retired former president of the Court of Appeal Judge Hendrik Jan Stein
and with members from the country, South Africa, and Botswana--convened
and heard evidence from 40 witnesses. On April 16, Judge Stein released
a report acknowledging a few rogue members in the army, but claiming
that neither the army itself, nor any part thereof, orchestrated the
April 2009 attacks. Judge Stein blamed the late Makotoko Lerotholi, who
allegedly was financed by disgruntled businessman Jesse Ramakatane. The
report revealed pervasive laxity in the LDF and recommended structural
and other changes to widen the security network.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption. There
were isolated reports of government corruption during the year.
The Directorate on Corruption and Economic Offenses (DCEO) is the
primary anticorruption organ and investigates corruption complaints
against public sector officials. The DCEO is under the supervision of
the Ministry of Justice and Human Rights. The Amendment of Prevention
of Corruption and Economic Offences Act of 2006 first subjected public
officers to financial disclosure laws. However, the disclosure form to
be used has still not been established. The law may also be applied to
private citizens if deemed necessary by the DCEO. The DCEO's official
statistical report stated that from April to September, it received a
total of 70 reports on subjects including bribery, fraud, abuse of
power, embezzlement of public funds, and tender manipulation. Of these
reports, five were closed, 15 were under preliminary investigation,
seven were referred to the police, 18 were referred elsewhere (to the
Directorate of Dispute Prevention and Resolution or the Labor Court),
20 were pending preliminary investigation, and five were referred to
the DCEO investigatory division.
According to the DCEO, there is no baseline to measure the level of
corruption in any sector including the executive, legislative, or
judicial branches; the media occasionally raised allegations of
corruption in the branches. Corruption exists in all sectors, but its
extent was not known.
Individuals, both Basotho and foreign, who were ineligible to hold
passports continued to obtain them through forgery and
misrepresentation. The Passport Department's problem of corrupt
officers was exacerbated by the passport backlog as people paid bribes
to quickly obtain travel documents. Some passport officers embezzled
funds made as payment for passport applications. Five officers were
dismissed, while three remained under investigation.
Former clerk of the National Assembly Matlamukele Matete was
accused of inflating the price of a photocopier purchased by his
ministry. The High Court sentenced him to 10 years' imprisonment with
an option to pay a fine of 50,000 maloti ($7,140). He appealed the
sentence, and in October the Court of Appeal confirmed Matete's
conviction and imposed a four-year prison sentence, which Matete was
serving at year's end.
Former colonel Letsolo Kholoane was forced to retire, and former
captain Rakolitsoe Mahase was sentenced to six years, for forging
documents in a travel scandal.
Police corruption was a problem, as confirmed by LMPS authorities.
The internal affairs organs that address corruption and other offenses
by police are the LMPS's ICD and the PCA. Commonly imposed forms of
disciplinary action included fines, suspension, demotion, or dismissal
from service.
On August 2009 the country's first female police commissioner,
Malejaka Letooane, was sentenced to six months in jail for contempt of
court for authorizing the release of a vehicle from police custody
contrary to the order of the Magistrate Court and later failing to
appear in court when summoned to explain her actions. The chief justice
granted the commissioner the right to appeal to the High Court. In
October the chief justice overturned the sentence and reportedly
dismissed the case altogether. However, the case concerning the vehicle
release was proceeding in the Magistrate Court at year's end.
April and December press reports from the Lesotho Times indicated
that Police Commissioner Malejaka Letooane was under investigation at
year's end relating to a 24 million maloti (approximately $3.4 million)
tender awarded in 2008 to Ferrini USA, Inc. to supply police uniforms.
The firm was initially disqualified from the tender process because it
had failed to meet the stringent requirements.
``Theft of exhibits'' (theft or disappearance of evidence related
to a trial proceeding) was commonly reported. In addition, private
transport operators claimed that police solicited bribes from taxi and
bus drivers who violated traffic laws. However, no formal charges of
police corruption were filed during the year. According to the ICD,
from January to September there were 23 cases of corruption. One person
was convicted, six were sent to the courts, and 16 were pending
investigation.
Reports of corruption and fraud in the Government's Block Farming
Program appeared in February. After investigation, the Office of the
Ombudsman released a report in September alleging corruption by the
ministers of finance and forestry and the assistant minister of
agriculture and food security. Together, the three officials personally
owed more than 18.5 million maloti ($2.6 million) in loans guaranteed
by the Government and directly overseen by their ministries, which had
not been repaid at year's end.
On April 23, the Court of Appeal convicted former deputy
commissioner of police Motsotuoa Ntaote of fraud related to per diem
claims for two official trips to South Africa. Ntaote was acquitted by
the High Court in June 2009; however, the Court of Appeal reversed the
judgment and found him guilty on one count of fraud. He was sentenced
to a fine of 12,000 maloti ($1,715) or six months in prison. The
sentence, however, was suspended (no time served or fine levied if the
same or similar crime is not repeated within the suspension period) for
three years.
A police constable accused of soliciting a bribe appeared in court
on September 13. Constable Mokhitlinyane Mokiti allegedly solicited a
940 maloti ($134) bribe to drop car theft charges against Lebajoa
Qalabatsane. He was charged with contravention of section 22(1) of the
Prevention of Corruption and Economic Offence Act No. 5 of 1999. Mokiti
was granted bail and was awaiting trial at year's end.
Former police superintendent Ramoeletsi was convicted of extortion
and sentenced to two years' imprisonment or 2,000 maloti ($285). The
sentence was suspended.
The Integrated Financial Management Information System (IFMIS),
plagued by delays in 2009, was up and running during the year; IFMIS
was introduced to speed up payments, improve public accounting, and
impose greater control on government purchasing, accounting, and
reporting. It was also adopted to halt overexpenditure by government
departments and enable the Government to trace all transactions,
including those suspected of embezzling government money. Its
effectiveness was not yet determined.
In January the High Court sentenced the principal secretary for the
Ministry of Justice and Human Rights, Pontso Lebotsa, to five years in
prison or a fine of 10,000 maloti ($1,430) for contravening government
procurement regulations in 2007. The defendant appealed, the Court of
Appeal confirmed the High Court judgment, and Lebotsa paid the fine.
She was fired from her position.
There are no laws providing for public access to government
information, and access was limited; however, Web sites of government
ministries, parastatal companies, and private organizations provided
some information on governmental activities. The Government Gazette and
other publications could be requested from the Government Printers'
Office. There were also media releases from government ministry
information officers. Researchers at institutions such as the Institute
of Southern African Studies, NGOs such as MISA-Lesotho, and the media
complained about lack of access to government information.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
often were cooperative and responsive to their views.
The independent Office of the Ombudsman (see also section 1.c.,
Prison and Detention Center Conditions) appeared to function without
undue governmental or political interference. The office is considered
effective but was constrained by low publicity, high level of
centralization, shortage of staff, financing, and equipment. The
ombudsman intervened in response to requests for release of unlawfully
withheld salaries, reinstatement of employees illegally suspended from
their jobs, compensation for persons forced to relocate by the Lesotho
Highland Water Project, and compensation for and repairs to houses in
communities affected by large-scale development projects.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and the formal legal code prohibit discrimination
based on race, gender, disability, language, or social status. However,
the constitution recognizes customary law as a parallel legal system,
and under it women remained disadvantaged with regard to property
rights, inheritance, contracts, and succession rights.

Women.--The law prohibits rape, including spousal rape, and
mandates a minimum sentence of five years' imprisonment, with no option
for a fine. When reported, the Government generally enforced the law
effectively. Rape was reportedly commonplace. Accurate statistics were
unavailable, but an estimate based on the most recent available police
national crime statistics indicated that from April to December 2009,
there were 823 reported cases of sexual offenses against women. Courts
heard a number of rape and attempted rape cases, several of which
resulted in convictions. Up-to-date statistics on the number of
perpetrators prosecuted, convicted, and punished were not available.
Domestic violence against women was widespread. Although accurate
statistics were unavailable, an estimate based on the most recent
police national crime statistics indicated that from April to December
2009, there were 109 reported cases of assault against women. These
statistics greatly understated the extent of the problem, as domestic
violence is less likely to be reported than assault. Domestic violence
and spousal abuse are criminal offenses defined as assault; however,
few domestic violence cases were brought to trial. The law does not
mandate specific penalties, but an offender can be cautioned and
released, given a suspended sentence, fined, or imprisoned. Punishment
depends on the severity of the assault, and judges have a wide degree
of discretion in sentencing. Violence against women and children was
increasingly considered socially unacceptable due, in part, to the
Government advocacy and awareness programs by the Child and Gender
Protection Unit (CGPU) of the police, the Department of Social Welfare,
and the Ministry of Gender and Youth, Sports, and Recreation. This work
was bolstered by local and regional organizations, such as the Women
and Law in Southern Africa Trust, the Federation of Women Lawyers, the
Lesotho Child Counseling Unit, other NGOs, and broadcast and print
media campaigns. Activities include teaching young persons and parents
how to report such offenses and how to access victim services.
The law does not specifically prohibit sexual harassment, and
sexual harassment occurred in workplaces and was commonplace elsewhere.
According to the Law Office, complaints involving sexual harassment, if
reported at all, were not often reported through official channels and
tended to be handled internally.
The Legal Capacity of Married Persons Act gives couples and
individuals the right to decide freely and responsibly the number,
spacing, and timing of their children, and to have the information and
means to do so free from discrimination, coercion, and violence.
Government hospitals and clinics--in partnership with international and
local NGOs--provided equitable access for all, regardless of the
patient's background, to reproductive health services. There were no
legal, social, or cultural barriers limiting access to these services,
which include skilled attendance during childbirth, prenatal care, and
essential obstetric and postpartum care. The incidence of maternal
mortality was 1,155 per 100,000 live births. There was access to
contraception at minimal fee for oral pills, injectables, intrauterine
contraceptive devices, emergency contraception, and implants. Male and
female condoms were free and available. Women and men were equally
diagnosed and treated for sexually transmitted infections, including
HIV.
Women and men are accorded equal rights in civil and criminal
courts. The 2006 Legal Capacity of Married Persons Act effectively
eliminated de jure discrimination against women under formal (but not
customary) law except in the area of inheritance, which it does not
cover. The act further extends to traditional law and custom. It grants
women married under custom equal rights, similar to those married under
common law. The previous statutory and customary laws limited the
rights of women in areas such as property rights, inheritance, and
contracts.Under the dual legal system, women have the legal and
customary right to make a will and sue for divorce; however, under
customary (also referred to as traditional) law, a married woman was
considered a minor during the lifetime of her husband and could not
enter into legally binding contracts without his consent. Since passage
of the new law, the rights of women have substantially improved.
Married women can obtain loans without the consent of their husbands
and enjoy full economic rights under the law. However, the law does not
provide for women's inheritance and custody rights. A woman married
under customary law has no standing in civil court unless she has her
marriage registered in the civil system. Government officials publicly
criticized the discrimination of women under customary marriage.
Women's rights organizations took a leading role in educating women
about their rights under customary and formal law, highlighting the
importance of women's participation in the democratic process. The
Ministry of Gender, Youth, Sports, and Recreation is charged with
promoting the legal rights of women. It supported efforts by women's
groups to sensitize society to respect the status and rights of women.
Although polygamy is not recognized by the formal legal code, it
was practiced under customary law by a small minority.
Women were not discriminated against in access to employment or
credit; however, on average women did not receive equal pay for
substantially similar work. In some cases, women were encouraged to
have a sexual relationship with a male boss to get employment or
promotion. According to the Organization for Economic Cooperation and
Development's Gender Institutions and Development Database, women's
average earnings were approximately 53 percent of the wages that men
received for equal work. Nevertheless, some of the country's most
senior positions were held by women, including speaker of parliament,
cabinet ministers, judges, ambassadors, the commissioner of police,
government principal secretaries, the auditor general, and chief
executives of some public enterprises.

Children.--According to the MHA, citizenship is derived by birth
within the country's territory. According to the Office of the
Registrar of Births and Deaths in the District Administrator's Office,
all births were registered by hospitals and local clinics. Children
born in private homes were registered at the offices of local chiefs,
and the information was then transmitted to the District
Administrator's Office for issuance of birth certificates.
By law primary education is universal; since March, compulsory; and
since 2006, tuition-free for grades one through seven. Secondary
education is not free, but the Government has scholarships for orphans
and vulnerable children (OVCs). The education bill, making free primary
education compulsory for children in grades one through seven, was
passed by both houses of parliament in November 2009 and enacted into
law in March. The act states that children from age six shall be
enrolled in a primary school and that they should stay in school until
they reach the age yet to be determined by the minister of education. A
fine of not less than 1,000 maloti ($143) or imprisonment can be
imposed on a parent whose child fails to attend school regularly.
The UN Children's Fund (UNICEF) reported that a substantial number
of children did not attend school. The problem was particularly
prevalent in rural areas, where there were few schools. Attending
school regularly was most difficult for those involved in supporting
their families through subsistence activities or those whose families
could not afford fees for the purchase of uniforms, books, and other
school materials. According to UNICEF statistics for 2009, 80 percent
of boys and 88 percent of girls attended primary school. More boys
failed to attend school than girls due to the tradition of livestock
herding by young boys.
Child abuse was a problem, especially for OVCs. Accurate statistics
on the incidence of child abuse were not available; however, an
estimate based on the most recent available police national crime
statistics indicated that from April to December 2009 there were 57
reported cases of neglect of children and 23 cases of assault against
children. These cases included child neglect, common assault, abduction
(forced elopement), and sexual assault. The true number of child abuse
cases was thought to be much greater.
The CGPU was active in fighting child abuse, particularly
challenging the cultural norms that encouraged forced elopement. The
CGPU has branches in all 10 districts, but a lack of resources
restricted its effectiveness. The CGPU dealt with sexual and physical
abuse, neglected and abandoned children, and protection of the property
rights of orphans.
During the year the news media frequently published reports of
violence at traditional initiation schools. These schools use
traditional rituals to initiate teenage boys into manhood and are
attended mainly by rural youth. While the activities of these
initiation schools were kept secret, the media reported violence
against students, teachers, and members of surrounding communities.
According to media reports, child prostitution was a problem. Young
girls and boys, many of whom were orphans, moved to urban areas to
engage in prostitution and work as sex workers, as noted by Lesotho
Save the Children. A 2001 UNICEF assessment concluded that child
prostitution in the country was driven by poverty and undertaken only
as a last resort. The study also noted that prostituted children most
often acted on their own and were apparently not controlled by
organized criminal syndicates or any other third party. However, UNICEF
and the Government agreed that while the numbers remained small, the
trend toward the commercial sexual exploitation of children was a
growing problem. According to the 2000 and 2004 reports produced by the
Ministry of Labor and Employment in collaboration with UNICEF and other
partners, the worst forms of child labor included sex work and
prostitution. There were not enough resources within either the police
force or the Department of Social Welfare to address the needs of
children likely to engage in prostitution.
There is no legislation specifically addressing child prostitution
or child pornography, but the Child Protection Act of 1980 and the
Sexual Offenses Act of 2003 can be used to prosecute offenders. This
legislation also prohibits the employment of children and young persons
in commercial sex. The Sexual Offenses Act sets the minimum age for
consensual sex at 18. The Children's Protection and Welfare Bill,
enacted in March, specifically addresses child prostitution, child
pornography, child trafficking, and related issues.
The rapid rise in the number of created by HIV/AIDS contributed to
child prostitution, child homelessness, child-headed households, and
children at risk of exploitation for labor or other purposes. According
to UNICEF, there were an estimated 180,000 OVCs in the country. Street
children suffered from lack of access to government services, such as
medical care and schooling, and were not informed about their right to
receive such services...
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction.

Anti-Semitism.--There are a small number of Jews but no practicing
Jewish community. There were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with sensory and intellectual
disabilities in employment, education, access to healthcare, or the
provision of other state services. The Government enforced these laws
within its limited ability. Although societal discrimination was
common, the tradition of hiding children with disabilities from the
public was no longer commonly accepted. The Association of the Disabled
actively promoted the rights and needs of persons with disabilities.
Laws and regulations stipulate that persons with disabilities
should have access to public buildings. Buildings completed after 1995
generally complied with the law. According to John Motloko, executive
director of the Lesotho National Federation of Organizations of the
Disabled, government efforts to modify buildings were hampered by the
lack of a national disability and rehabilitation policy, which has been
in draft form since 2000. The Ministry of Health and Social Welfare is
responsible for the bill.
Information for the blind in the form of Braille and JAWS (a
computer software used by visually impaired persons) was not widely
available. Sign language was not provided by service providers in the
Government or private sector, so signing individuals could not access
many services. There were limited facilities for training deaf persons.
The Government did not effectively implement laws to ensure that
persons with disabilities had access to information and communications.
Media reports indicated that persons with disabilities experienced
societal abuse; however, there were no reports of such abuse in
prisons, educational facilities, or mental health facilities.
Election law provides for assisted voting for persons with
disabilities, which was respected in practice. They are allowed to have
anyone of their choosing assist them with voting, including the
presiding officer at a polling station; there should also be a third
person to verify that the voter's choices are respected.
The Ministry of Health and Social Welfare is responsible for
protecting the rights of persons with disabilities. In partnership with
the NGO Skillshare International, the Government provided leadership-
training workshops for persons with disabilities and community-based
rehabilitation (training community members to provide services to
persons with disabilities). The community-based training assisted
teachers in working with students with disabilities. The Skillshare-
government partnership supported 20 income-generating projects with a
minimum starting capital of 10,000 maloti ($1,428). There was also
advocacy and awareness training about the rights of persons with
disabilities. These events usually centered on international events,
such as Sign Language Day, White Cane Day, and Braille Day. The
partnership also provided aids such as prescription eyeglasses,
wheelchairs, and canes.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law does not address
sexual orientation. It was unknown whether lesbian, gay, bisexual, and
transgender (LGBT) persons faced discrimination in employment, housing,
access to health care, access to education, or other areas. Homosexual
conduct is taboo in society, and is not openly discussed. There were no
reports of violence against LGBT persons during the year.

Other Societal Violence or Discrimination.--There continued to be
media reports that children orphaned by HIV/AIDS, persons with HIV/
AIDS, and their immediate families were stigmatized.
The law prohibits discrimination in the workplace on the basis of
HIV/AIDS status. In 2006 the parliament amended the labor code to
include an HIV/AIDS workplace policy. Each government ministry or
department provided subsidized medicine to its employees with HIV/AIDS,
and some provided subsidized food. Medicine was available to all HIV-
positive citizens at subsidized prices at all government hospitals.
LDF policy states that a soldier found to be HIV-positive after
induction is not retired or separated and is provided counseling and
testing, and duties were adapted as appropriate.
Section 7. Worker Rights

a. The Right of Association.--Workers have the right to join and
form trade unions of their own choosing without prior authorization or
excessive bureaucratic requirements. Workers exercised this right in
practice, although a very large percentage of the labor force was not
unionized. Representatives from three major trade unions all
characterized the trade union movement as fledgling and unorganized.
Individual trade unions had limited contact with one another despite
similar goals. Union leaders suggested that political and leadership
differences and a lack of resources had kept unions small and
discouraged mergers or expansion.
The apparel industry was the largest employer in the country and
accounted for nearly 50 percent of formal employment. There were 45
factories with a total of 45,000 workers, making up about 80 percent of
all jobs in the manufacturing sector. The textile sector dominated the
country, and most unions were focused on organizing textile workers.
Union management estimated that 15,000 of the country's 36,000 textile
workers were unionized, and unions alleged that most factory owners in
the textile industry remained staunchly opposed to unionization. Both
locally and foreign-owned businesses still lacked a full understanding
of the labor code's provisions regarding the right to form labor
unions. The recently launched Better Work Lesotho program specifically
aims to improve both compliance with labor standards and
competitiveness in global supply chains. The program, supported by the
Ministry of Labor and Employment, factory owners, and labor unions,
also aims to increase understanding of labor rights.
The law allows unions to conduct their activities without
interference. Union officials said that the Government did not
interfere with their ability to organize but complained of an overall
lack of government support. All trade unions must register with the
Registrar of Trade Unions. The law prohibits civil servants and police
from joining or forming unions but allows them to form staff
associations for the purpose of collective bargaining and promoting
ethical conduct of their members; both police and civil servants have
established such associations. According to the Lesotho Public Servants
Association (LEPSA), approximately 34 percent of the civil service had
joined the association. This low rate of participation made it
difficult for them to engage with the Government on worker's rights
issues as the Government only recognizes staff associations
representing at least 50 percent of all civil servants. LEPSA reported
that some civil servants of higher grades intimidated those of lower
grades into not joining the civil service staff association.
Reportedly, the intimidation included threats of dismissal or transfer
for noncompliance.
The law provides for a limited right to strike, but this right was
not exercised in practice. In recent years very few strikes were
carried out. In the private sector, the labor code requires a series of
procedures workers and employers must follow before a strike is
authorized. However, civil servants are not allowed to strike, and
therefore all public sector strikes are unauthorized.
Under the law, the Public Service Joint Advisory Council ensures
due process and to protects civil servants' rights. The council
consists of an equal number of members appointed by the minister of
public service and members of any association representing at least 50
percent of civil servants. The council concludes and enforces
collective bargaining agreements, prevents and resolves disputes, and
provides machinery for dealing with general grievances. Further, the
Public Service Tribunal handles appeals instigated by civil servants or
their associations. No association represented at least 50 percent of
civil servants; therefore, neither the council nor the tribunal was
functioning.
The law does not address retaliation against striking workers but
the police were generally present during strikes to prevent violent
conduct by any party.

b. The Right to Organize and Bargain Collectively.--There are no
restrictions on collective bargaining, and unions were allowed to
bargain for wages above the minimum wage. However, a majority of
employers bargained only with unions that represented at least 50
percent of their staff, and the Labor Commissioner's Office reported
that unions were too weak to bargain effectively. Union leaders alleged
that the unstable nature of the economy discouraged them from lobbying
for increased wages and instead focused on organization and worker
protections. Because collective bargaining agreements were rare,
achieving job security from factory owners remained difficult. Factory
owners kept more than half of their workforce on temporary contracts
even if those contracts were renewed annually. Given the job insecurity
and reduced benefits of temporary contracts, gaining the 50-plus-one
majority required for collective bargaining was effectively impossible.
Government approval was not required for collective agreements to be
valid.
The law prohibits antiunion discrimination and other employer
interference in union functions; however, the Government did not always
implement the law. Textile and apparel unions claimed that members were
sometimes treated unfairly to compel them to leave. Unions complained
that the Labor Court and Labor Inspectorate were inefficient, onerous,
and bureaucratic. Workers claimed they were dismissed for union
involvement, but Ministry of Labor investigations often revealed they
were dismissed on other grounds. Unions reported that the country's
labor inspectors were usually intimidated by factory owners and unable
to enforce union rights. According to the International Trade Union
Confederation's 2010 Annual Survey of Violations of Trade Union Rights
in Lesotho, many employers stopped union organizers from entering
factory premises to organize workers or represent them in disputes. In
some cases employers intimidated union organizers and members,
threatening the latter with dismissal.
There are no export processing zones in the country. However,
certain industries, such as textile and apparel manufacturing, enjoyed
similar benefits.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor; however, there were reports
that such practices occurred. The country was a source and transit
point for women and children subjected to trafficking in persons,
specifically conditions of forced labor and forced prostitution, and
for men in forced labor. Women and children in the country were
subjected to involuntary domestic servitude and children, to a lesser
extent, to commercial sexual exploitation. Children who have lost at
least one parent to HIV/AIDS were more vulnerable to traffickers'
manipulations; older children trying to feed their siblings were most
likely to be lured by a trafficker's fraudulent job offer. Forced labor
for domestic work, crop farming, and herding animals were reported from
remote private homes, small farms, and herding outposts, respectively.
Each location was outside the scope of the labor code and all but
impossible to inspect.
According to Lesotho Save the Children, children often worked as
herd boys, street vendors, car washers, and domestic servants. The
organization reported parents were often the ones forcing children to
work.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip

d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws to protect children from exploitation in the formal
sector, and the Government generally enforced these laws; however, such
laws did not apply in the informal sector, where child labor was a
problem.
According to the Labor Inspectorate, the labor code contains
prohibitions against the employment of children and young persons in
commercial, industrial, or other nonfamily enterprises involving
hazardous or dangerous working conditions. The legal minimum age for
employment in commercial or industrial enterprises is 15 years, or 18
years for hazardous employment. Hazardous work included mining and
quarrying, carrying of heavy loads, manufacturing where chemicals were
produced or used, working in places where machines were used, herding,
producing or distributing tobacco, and working in places such as bars,
hotels, and places of entertainment where a person could be exposed to
immoral behavior. The law protects children from night work. Any
employer who breaches these provisions is liable to a fine not
exceeding 20,000 maloti ($2,857) or imprisonment for a period not
exceeding 20 months or both. Employers with second or subsequent
convictions are liable to imprisonment for a minimum period of two
years without the option of a fine. The Ministry of Labor reported no
trials or convictions during the year.
Although child labor is prohibited, the high unemployment rate,
increasing levels of poverty, and high prevalence of HIV/AIDS (23
percent) resulted in children working to support themselves and their
families. The Bureau of Statistics (BOS) estimated unemployment at 22.7
percent. The majority of trade unions, however, estimated unemployment
to be between 40 and 50 percent. They attributed it to jobs lost in the
textile and garments sector, the largest formal employer after the
Government.
The BOS stated that 3 percent of children ages 6-14 years
participated in economic activities; this statistic did not include
children aiding their families or others without compensation. UNICEF
estimated 23 percent of children between 5 and 14 were working. Two of
every three of these children were engaged in subsistence farming,
while the rest were engaged mainly in private households. Child labor
was higher among boys (86.6 percent of child workers) than girls (13.4
percent). This was true for all economic activities considered. Herd
boys were sometimes attacked by armed stock thieves, caught in fights
over ownership of animals, and subjected to harsh weather conditions.
In traditional rural society, these rigorous and occasionally dangerous
working conditions were considered a prerequisite to manhood, essential
to the livelihood of families, and beyond the reach of labor laws.
According to 2000 and 2004 reports produced by the Ministry of
Labor in collaboration with UNICEF and other partners, the worst forms
of child labor included herding, street work and domestic work. Most
jobs performed by children were often gender specific: boys were
livestock herders, carried packages for shoppers, washed cars, and
collected fares for minibus taxis; girls were domestic servants; and
both boys and girls worked as street vendors.
The labor survey indicates that children working in the streets
typically start at the age of 12. The most common work they do is
selling fruits and vegetables. Children worked more than eight hours a
day, which is the maximum stipulated in the law for an adult. They also
worked without breaks six or seven days a week. Domestic workers also
started as young as 12 years.
The Ministry of Labor, in collaboration with the police CGPU, is
responsible for investigating cases of working children. Child labor
inspections are conducted as part of general labor inspections.
Approximately 1,000 labor inspections were completed during the year.
No child labor cases have been reported, and hence no prosecutions,
convictions, or penalties have been imposed. Scarcity of resources
hindered labor inspections; the labor commissioner noted the difficulty
of tracking child labor because the Government had no child-labor-
specific strategy or program.
The commissioner indicated that the Ministry of Labor, the CGPU,
and the Ministry of Gender and Youth, Sports, and Recreation generally
disseminated information on prevention of child labor as part of their
other programs, but did no child-labor-specific outreach.

e. Acceptable Conditions of Work.--There is a sector-specific
national minimum wage and a general minimum wage. The general minimum
monthly wage varies from 878 to 958 maloti ($125 to $136). Examples of
minimum monthly wages for other job categories include textile workers,
778 maloti ($111); construction workers, 1,040 maloti ($148); security
guards, 1,181 maloti ($168); food service workers, 1,110 maloti ($158);
and domestic workers, 339 maloti ($48).
Minimum wages are updated every October 1 through the amended labor
code minimum wage schedule. The national minimum wage does not provide
a decent standard of living for a worker and family. Trade unions
continue to engage the Government on the matter. Since the Wage
Advisory Board started negotiations in July, there were deep divisions
between the Factory Workers Union (FAWU) and Lesotho Congress of
Apparel Workers Union (LECAWU), the two main textile and garments trade
unions; both of which are part of the board. FAWU proposed the board
increase the minimum wage for a textile worker to 1,300 maloti ($185),
while LECAWU proposed an increase to 816 maloti ($116). FAWU believed
that LECAWU's proposal does not provide a minimum ``living wage, but
rather a poor minimum wage,'' and accused the Wage Advisory Board of
serving the interests of employers and not workers.
The Ministry of Labor is responsible for enforcing the minimum
wage. However, budget resources impacted the enforcement of the law; in
practice, businesses operating in the formal sector, including the
apparel industry, were subject to more enforcement than businesses
operating in the informal sector. The Labor Inspectorate reported that
many locally owned businesses did not keep records of employees'
salaries to facilitate labor inspections as required by law. Minimum
wage provisions do not cover significant portions of the workforce. The
approximately 30,000 Basotho men working in South African mines and
workers in agriculture or other informal sectors were not covered by
Lesotho's labor laws.
The law stipulates standards for hours of work, including a maximum
45-hour work week, a weekly rest period of at least 24 hours, a daily
minimum rest period of one hour, at least 12 days of paid leave per
year, paid sick leave, and public holidays.
Required overtime is legal as long as overtime wages are paid for
work in excess of the standard 45-hour workweek. The maximum overtime
allowed is 11 hours per week; however, there were exemptions under
special circumstances. The laws require that the premium pay for
overtime be at a rate not less than one and one quarter times the
employee's normal wage; any employer who requires excessive compulsory
overtime shall liable to a fine not exceeding 600 maloti ($85) or to
imprisonment for a period not exceeding six months or both. Labor laws
do not cover the agricultural and other informal sectors, where most
workers were employed. The Labor Inspectorate stated that employers did
not always observe these standards. According to the labor
commissioner, employers in the retail sector were the worst violators.
The most common allegations involved ignoring labor regulations for
ordinary work hours, overtime, and public holidays.
The law requires employers to provide adequate light, ventilation,
and sanitary facilities for employees and to install and maintain
machinery in a manner to minimize injury. It also requires a registered
health and safety officer that promotes safe conduct. Employers must
provide first aid kits, safety equipment, and protective clothing.
However, the law does not specify the contents of first aid kits.
According to health and safety inspectors in the Ministry of Labor,
larger employers generally followed health and safety regulations, but
smaller employers failed to appoint or train registered health and
safety officers. With the exception of the mining industry, employers'
compliance with health and safety regulations was generally low.
Inspectors stated that employers in the retail sector were not fully
compliant with standards, as they had no registered health or safety
officers, complete first aid kits, or protective clothing.
Trade union representatives described textile-sector working
conditions as poor or even harsh but not dangerous. Unions said that
most textile factories were in prefabricated metal buildings with
improper ventilation and air conditioning. Unions stated, however, that
conditions were not detrimental to workers' health and could cite few
examples of serious safety violations. Third party auditors hired by
U.S. and European textile buyers conducted spot checks on most African
Growth and Opportunity Act exporting factories, customarily sought
union input, and briefed the unions on their findings. Unions believed
the third party auditors kept factory owners in line with health and
safety regulations.
The labor code empowers the Ministry of Labor to issue regulations
on work safety, and the ministry did so. The labor code does not
explicitly protect the right of workers to remove themselves from
hazardous situations without prejudice to employment; however, sections
of the code on safety in the workplace and dismissal imply that such a
dismissal would be illegal. The law also provides for a compensation
system for industrial injuries and diseases related to employment.
The commissioner of labor is charged with investigating allegations
of labor law violations. Labor inspectors generally conducted
unannounced inspections of a random sample of workplaces on a weekly
basis. Inspections in mountain districts, however, were conducted
quarterly.
The Labor Code Amendment Act of 2006 provides for the further
development of HIV/AIDS policies in the workplace. The Ministry of
Labor's HIV/AIDS Support Group was responsible for the rollout of the
code countrywide and the translation of the act into Sesotho. The
support group also provided testing and counseling services to
employees in the private sector living with HIV/AIDS through funding
support from the National Aids Commission. The Apparel Lesotho Alliance
to Fight AIDS (ALAFA) described HIV/AIDS as the primary occupational
health risk throughout the garment and textile factories. ALAFA
reported that 43 percent of textile workers were infected with HIV. A
total of 85 percent of textile workers were women. ALAFA characterized
its success in combating HIV to a partnership between the ministries of
health, trade, labor, and industry, donors, international companies,
employees, and employers. In addition to space for exams, employers
provided time off to see doctors, receive counseling, and participate
in educational and antistigma programs. As a result, ALAFA raised HIV
awareness with 90 percent of textile workers and also provided testing
and treatment, reduced stigma, and dramatically reduced mother to child
transmission.
Working conditions for foreign or migrant workers were similar to
those of residents.
The Government supported the implementation of Better Work Lesotho,
implemented by the International Labor Organization and the
International Finance Corporation, in cooperation with the factories,
unions, and Ministry of Labor. The Better Work program is designed to
help apparel factories in the country compete in global markets, where
many buyers demand compliance with international core labor standards.

__________

LIBERIA

Liberia is a constitutional republic with a population of
approximately 3.5 million. In 2005 Ellen Johnson Sirleaf won multiparty
presidential elections, which domestic and international observers
considered generally free and fair. Since the 2003 signing of the
Comprehensive Peace Agreement, which ended the 1989-2003 civil war, the
UN Mission in Liberia (UNMIL) peacekeepers and the UN international
police (UNPOL) have had primary responsibility for maintaining
security. Efforts to train personnel for the Liberia National Police
(LNP) and Armed Forces of Liberia (AFL) continued. While security
forces reported to civilian authority, there were instances in which
elements of the security forces acted independently.
Human rights abuses included one report of mob killing; reports of
ritualistic killings; reported incidents of trial by ordeal; police
abuse, harassment, and intimidation of detainees and others; harsh
prison conditions; arbitrary arrest and detention; judicial
inefficiency and corruption; lengthy pretrial detention and denial of
due process; official corruption and impunity; violence against women,
including rape, and widespread domestic violence; female genital
mutilation (FGM); child abuse and sexual violence against children;
human trafficking; continued racial and ethnic discrimination; and
child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
on February 27, an LNP officer shot and killed a man reportedly over a
personal dispute. The killing led to mob violence in which a crowd
doused the LNP officer with a flammable liquid and set him on fire. The
officer died of his injuries. An AFL soldier not involved in the
dispute but at the scene was also injured and died on March 10. Seven
persons were charged with murder and were on trial at year's end.
In April three AFL soldiers were accused of killing two civilians.
The case was dismissed due to lack of evidence, and the soldiers
returned to their unit.
In June eight security officers of the Liberian Agricultural
Company were acquitted of the July 2009 beating to death of a man in
Grand Bassa County.
There were reports of ritualistic killings in which body parts used
in indigenous rituals were removed from the victim. The total number of
such killings was difficult to ascertain since police sometimes
described such deaths as homicides, accidents, or suicides, even when
body parts were removed. Protests against such killings occurred and
sometimes resulted in riots, injuries, and deaths.
In March police arrested 18 suspects in connection with the
November 2009 suspected ritualistic killing of a pregnant woman
discovered in Harper. To lead the investigation, local authorities
hired a ``witch doctor'' who identified the suspects, including
prominent county citizens. The minister of justice intervened to bring
the investigation into the formal judicial system; nine of the suspects
were awaiting trial at year's end.
There were no developments in the July 2009 case of a high school
girl in Maryland County found dead with body parts missing.
There was one reported incidence of mob violence during the year.
In April a mob beat to death two men allegedly involved in an armed
robbery in Paynesville.
On February 26, the body of a missing Christian girl was found at
or near a mosque in Lofa County, which led to the belief that the
perpetrator was Muslim. Subsequent riots between members of the
predominantly Christian Lorma and Muslim Mandingo ethnic groups
resulted in four deaths and 18 injuries. Eight persons were arrested in
connection with the riots and were awaiting trial at year's end.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices, but there were
reports that police officers and other security officials employed
them. Police sometimes abused, harassed, and intimidated persons,
particularly during attempts to extort money on the streets. Cases of
reported police brutality were referred to the attention of police
commanders. The Professional Standards Division was responsible for
investigating allegations of police misconduct and referring cases for
prosecution. In June the LNP began conducting performance appraisals to
foster professional development among officers and to identify areas
for improvement.
On March 3, LNP officers beat a foreign citizen who was
photographing police conducting a search. The police also confiscated
her camera and took her to LNP headquarters where she was beaten again
but never arrested. The inspector general of police and diplomatic
representatives intervened, and the LNP returned her camera and
apologized.
In May Representative George W. Blamoh allegedly beat an LNP
officer who attempted to impound his vehicle for improper parking and
traffic violations. An investigation was completed and submitted to the
Ministry of Justice, and Blamoh was awaiting trial at year's end.
On July 10, Deputy Speaker of the House Togbah Mulbah allegedly
ordered the beating of LNP officer Lexington Beh for impounding a truck
belonging to the lawmaker. The incident became politicized when
partisans from the lawmaker's political party, the Congress for
Democratic Change, surrounded Mulbah's residence the next day as police
attempted to arrest him. Upon further investigation, an 11-count
indictment was issued in July, and Mulbah was awaiting trial at year's
end.
Despite being illegal, the practice of trial-by-ordeal, which
involves actions such as the placement of a heated metal object on a
suspect's body or the insertion of an extremity into hot oil to
determine whether the defendant is telling the truth, continued in
rural areas. In April the Government conducted a national conference
focusing on efforts to harmonize the traditional and formal justice
systems.
Mob violence and vigilantism--which resulted in part from the
public's lack of confidence in the police and judicial system--resulted
in deaths and injuries.

Prison and Detention Center Conditions.--Inadequate provisions for
food, sanitation, ventilation, temperature, lighting, basic and
emergency medical care, and access to potable water contributed to
harsh and in some cases life-threatening conditions in the country's 15
prisons and detention centers. While the Government provided some food,
many prisoners supplemented their daily meals by purchasing additional
food at the prison or receiving food from visitors. With the support of
the International Committee of the Red Cross (ICRC), the Bureau of
Corrections undertook rehabilitation activities to improve access to
clean water and sanitation facilities at Monrovia Central Prison, the
Zwedru Correctional Palace, and the Robertsport and Voinjama
facilities.
The UN and nongovernmental organizations (NGOs) continued to
provide medical services and improve basic sanitary conditions. The
ICRC also conducted an assessment on access to medical care in all 15
prisons and detention facilities.
The county prison in Voinjama, Lofa County, remained in a state of
disrepair following the prison break which occurred during the February
26 violence.
According to statistics from the Bureau of Corrections, half the
country's 1,524 prisoners were held at Monrovia Central Prison, which
operated at more than twice its capacity due to the large number of
pretrial detainees. The total prison population included 31 women and
69 juveniles. Prisons remained understaffed. Men and women were held in
separate cells in larger facilities, however they were held together in
some counties or cities that had only one prison cell. In many counties
juveniles and adults were held together, and pretrial detainees were
generally held with convicted prisoners. During the year some counties
without adequate prison facilities transferred their prisoners to
Monrovia.
Regular visitation hours and religious observances were generally
respected. Officials from the Human Rights Division of the Ministry of
Justice and Bureau of Corrections visited prisons to monitor conditions
during the year. Internal reports and investigations into inhumane
conditions were not publicly accessible.
The Government permitted the independent monitoring of prison
conditions by local human rights groups, international NGOs, the UN,
and the media. Some human rights groups, including national and
international organizations, made regular visits to detainees held in
police headquarters and to prisoners in Monrovia Central Prison. The
ICRC visited all of the 15 prisons and detention centers in the country
and ICRC visits were in accordance with standard modalities.
No ombudsman system was in place to serve on behalf of prisoners
and detainees.
During the year the Government and international partners continued
renovations at several county prisons. In July UNMIL, in collaboration
with the Ministry of Justice, completed construction of a modern prison
in Sanniquellie.

d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention; however, the Government did not always
observe these prohibitions.

Role of the Police and Security Apparatus.--The Ministry of Justice
has responsibility for enforcing laws, maintaining order within the
country, and overseeing the LNP and the National Bureau of
Investigation. An estimated 8,100 UNMIL peacekeepers and 1,300 UNPOL
officers had primary responsibility for maintaining security.
Approximately 460 UNPOL officers and 845 officers in the UN Formed
Police Units (armed foreign police detachments assigned to UNMIL)
assisted with monitoring, advising, and training the LNP. During the
year 293 LNP officers were recruited, screened, trained, and deployed,
primarily to Monrovia. As a result, a total of 4,039 LNP officers were
in country by year's end, with 1,233 deployed outside of Monrovia and
Montserrado County.
The LNP operated independently and retained arrest authority;
however, the Special Security Service, which is responsible for the
security of the president and other senior government officials, UNPOL,
and armed UN Formed Police Units, accompanied LNP officers in joint
patrols around Monrovia. There were 45 LNP Women's and Children's
Protection Section (WCPS) offices with 21 of them outside of
Montserrado County.
Officers of the Police Support Unit received additional training in
weapons and crowd and riot control. At the end of the year 150 new
officers were in training to join the 148-member unit.
Members of the Emergency Response Unit (ERU), which was established
in 2008, received specialized training and were armed, unlike most LNP
patrol officers. The ERU was charged with conducting special police
operations in antiterrorism, hostage rescue, internal security,
tactical anticrime, and search and rescue situations. The ERU increased
its membership from 288 officers at the end of 2009 to 331 by year's
end.
In October the LNP created an inspectorate responsible for ensuring
all officers received training in revised standards of procedure, duty
manuals, and policies.
The Liberian Coast Guard was commissioned in February and is
responsible for enforcement of the country's maritime laws. The guard
consisted of 50 members by year's end.
LNP officers were poorly equipped, ineffective, and slow to respond
to criminal activity, although the police foot patrol program showed
signs of improvement in strategic areas. LNP salaries were generally
paid on time, but were low, contributing to widespread corruption.
Police had limited transportation, logistics, communication, and
forensic capabilities, and did not have the capacity to investigate
adequately many crimes, including murders. Due to the lack of a crime
lab and other investigative tools, prosecutors blamed losing cases in
court on inadequate police investigation and evidence gathering.

Arrest Procedures and Treatment While in Detention.--The
constitution requires warrants to make arrests and provides that
detainees either be charged or released within 48 hours; however,
arrests were often made without warrants, or warrants were sometimes
issued without sufficient evidence, and detainees, particularly those
without the means to hire a lawyer, often were held for more than 48
hours without charge. Detainees generally were informed of the charges
against them upon arrest. Detainees have the right to prompt
determination of the legality of their arrest, but in practice, this
did not always occur. The law provides for bail for all offenses except
rape, murder, armed robbery, and treason. Detainees have the right to
prompt access to counsel, visits from family members, and if indigent,
to an attorney provided by the state, but the Government did not always
observe such rights.
Although the law provides for the right of a defendant to receive
an expeditious trial, lengthy pretrial and prearraignment detention
remained serious problems. An estimated 85 percent of prisoners were
pretrial detainees, 858 of whom were released during the year as a
result of actions by the Fast Track Court to reduce prison
overcrowding. Beginning in February the Ministry of Justice's
notifications to the court of its intention not to prosecute in cases
lacking sufficient evidence also resulted in the release of detainees.
However, with the incarceration of new detainees, prisons remained
overcrowded. In some cases the length of pretrial detention exceeded
the maximum length of sentence that could be imposed for the alleged
crime. Judicial inefficiency, corruption, and the lack of transport,
court facilities, attorneys, and qualified judges caused trial delays.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the judicial system was corrupt
and functioned slowly (see section 4). Judges were subject to
political, social, familial, and financial pressures. Uneven
application of the law and the unequal distribution of personnel and
resources remained problems throughout the judicial system. Some judges
were unable to hold court due to lack of security, supplies, equipment,
or a courthouse. The Professional Magistrates Training Program began in
March to train university graduates for entry into magisterial courts
throughout the country to improve judicial efficiency and access,
particularly in the counties.

Trial Procedures.--Trials are public, and juries are used in
circuit-court trials but not at the magistrate level. Under the
constitution defendants have the right to be present, to consult with
an attorney in a timely manner, and to have access to government-held
evidence relevant to their case; however, these rights were not always
observed. Defendants enjoy a presumption of innocence and have the
right to an attorney, to confront or question witnesses against them,
present evidence and witnesses on their behalf, and to appeal adverse
decisions, but many of these protections were not available to
defendants who could not pay bribes or afford an attorney. Some local
NGOs continued to provide legal services to indigents and others who
had no representation. There continued to be long delays in deciding
cases.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is an independent
civil law court in Monrovia, but circuit courts in each county function
as both criminal and civil courts. Specialty courts, such as the tax
court, probate court, and labor court, also address civil matters. NGOs
and the Government continued to establish mediation centers to reduce
court caseloads. There is no specialized court to address lawsuits
seeking damages for human rights violations. As with criminal courts,
specialized courts were inefficient and corrupt. On September 16,
legislation was passed to establish a commercial court with
jurisdiction over debts incurred from commercial transactions.

Property Restitution.--Violence arising from land disputes
decreased during the year. The Land Commission, established in August
2009, worked to resolve disputes and to harmonize traditional and
formal land ownership laws. On July 26, President Sirleaf declared that
the Government will exercise the right of eminent domain over disputed
land in Ganta, Nimba County, after failed efforts to implement a 2007
ruling that the disputed land occupied by Gio and Mano persons should
revert to the original Mandingo owners.

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice.
Individuals could generally criticize the Government publicly or
privately without reprisal; however, in August the senate summoned the
leaders of three civil society organizations, the Center for Democratic
Empowerment, the Liberia Democracy Watch, and the Institute for
Democracy and Development, for referring to the legislature's decision
on the electoral threshold bill as ``mentally impoverished'' and
``mischievous.'' The senate ordered the organizations to issue a letter
of apology published in at least 10 newspapers and read on local radio
stations for five consecutive days. The leaders were summoned once
again to appear on August 26 after the apologies were not issued as
directed. Although the leaders were once again ordered to issue the
apologies as mandated within 48 hours or face arrest, the senate
accepted the organizations' efforts to publish the apology in some of
the newspapers, and no further action was taken.
The media could generally criticize the Government publicly or
privately without reprisal. However, the Government did seek redress
for alleged libel in the courts.
The Supreme Court directed Rodney Sieh, editor of the newspaper
Front Page Africa, to appear before the court on November 1 to explain
an article the newspaper published that the court contended was
inaccurate. The case was pending at year's end.
On December 8, the senate leadership committee ordered Darius
Dillon, the chief of staff to a senator, to retract derogatory
statements made earlier against a senior senator from the ruling Unity
Party within 72 hours or face further disciplinary action. Dillon
defied the order, and the committee suspended him for 90 days without
pay.
The December 2009 case, involving charges against the publisher and
printer of The Plain Truth newspaper for sedition and libel of the
president, was dropped since it exceeded the statutory period of two
terms of court without being resolved.
In December 2009, the Ministry of Information allowed the New Broom
newspaper to resume publishing following its August 2009 closure for
failing to register properly. However, on November 2, the New Broom was
ordered to pay $5 million for damages in the September 2009 libel case
filed by President Sirleaf. The newspaper had reported that she had
accepted a bribe of 143 million Liberian dollars ($2.91 million). The
New Broom was absent during the proceedings and was ordered closed
until payment of damages was received; it remained closed at year's
end.
The independent media were active and expressed a wide variety of
views without restriction; however, journalists commonly accepted
payments to publish articles, and did not always fact check their
sources.
In Monrovia there were approximately a dozen newspapers that
published during the year with varying degrees of regularity; six were
independent dailies, and five were independent biweekly newspapers. The
Government published the New Liberian newspaper. Due to the price of
newspapers and transportation, the 55-75 percent illiteracy rate, and
road conditions, newspaper distribution was limited to Monrovia.
Radio remained the primary means of mass communication, and
stations operated without government restrictions.
During the year the radio journalist who alleged in May 2009 that
the senate president pro tempore struck him did not press charges, and
no action was taken.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for the right of peaceful
assembly, and the Government generally respected it in practice.
However, on August 18, LNP officers forcibly dispersed and arrested
seven residents of the Ducor Hotel area who were marching to the
Capitol Building to petition lawmakers regarding a government eviction
order. Those arrested were released, and no further action was taken.
There were no further developments in the March 2009 destruction of
property case involving several demonstrators in Gbarnga.

Freedom of Association.--The constitution provides for the right of
association, and the Government generally respected this right in
practice.

c. Freedom of Religion.--For a description of religious freedom,
please see the Department of State's 2010 International Religious
Freedom Report at www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. However, LNP and Bureau of Immigration officers occasionally
subjected travelers to arbitrary searches and petty extortion at
checkpoints.
The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the Government did not use it.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government had an
established system for providing protection to refugees and granted
refugee status and asylum during the year. In practice, the Government
provided protection against the expulsion or return of refugees to
countries where their lives or freedom would be threatened. The
Government also provided temporary protection to individuals who may
not qualify as refugees under the 1951 refugee convention or its 1967
protocol. The Government generally cooperated with the UNHCR and other
humanitarian organizations in assisting refugees and asylum seekers.
Due to fears arising from the contested presidential run-off
elections in Cote d'Ivoire, Ivoirian refugees began entering the
country on November 29. At year's end, the UNHCR had registered 20,804
new Ivoirian refugees, many of whom had ethnic or economic ties to
Liberians and were absorbed by local communities along the border.
During the year the UNHCR assisted in the voluntary repatriation of
1,278 Liberian refugees from other West African countries.
The Land Commission's review of land disputes between returning
landowners and internally displaced persons who took over their land
during the civil war and its review of disputes between villages trying
to accommodate returning refugees resulted in decreased violence during
the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through free
and fair elections based on universal suffrage.

Elections and Political Participation.--In 2005 Ellen Johnson
Sirleaf won the national presidential elections with 59.4 percent of
the vote in a runoff election; voters also selected 30 senators and 64
representatives.
The state is highly centralized, and the head of state appoints
county superintendents. Local governments had no independent revenue
base and relied entirely on the central government for funds. As a
result there were very limited government services outside of Monrovia.
Local officials were provided funds through the County Development
Fund, but in some cases these funds were allegedly misused by country
government officials.
In August the National Elections Commission publicized its schedule
for the conduct of national elections scheduled for October 2011.
Registration of political parties and independent candidates took place
during the year, and by year's end there were approximately 20
registered parties.
There were five female ministers and eight female deputy ministers.
There were five women in the 30-seat Senate and nine women in the 64-
seat House of Representatives. There were two female associate justices
on the five-seat Supreme Court. Women constituted 33 percent of local
government officials and 31 percent of senior and junior ministers.
Muslims occupied senior government positions, including one
minister, one deputy minister, three senators, six representatives, one
Supreme Court justice, and one county superintendent.
Section 4. Official Corruption and Government Transparency
The law does not provide criminal penalties for corruption, which
remained systemic throughout the Government, although criminal
penalties do exist for economic sabotage, mismanagement of funds and
other corruption-related acts. Official corruption and the sense of a
culture of impunity were exacerbated by low pay levels for the civil
service, lack of job training, and a lack of court convictions. The
Government dismissed officials for alleged corruption and recommended
others for prosecution. The Liberian Anti-Corruption Commission (LACC)
and the Ministry of Justice are responsible for exposing and combating
official corruption. The LACC is empowered to prosecute any case that
the Ministry of Justice declines to prosecute; however, the Ministry
had not declined to prosecute any such cases during the year.
The LACC, which had a minimal budget and insufficient staff,
investigated eight cases and recommended four for prosecution. Included
in the recommendations were former Inspector General of Police Beatrice
Munah Sieh for irregularities in the appropriation of uniforms and two
Ministry of Finance officials for their alleged roles in
misappropriating civil service salary checks. The LACC reported 21
additional corruption cases were pending investigation by year's end.
Former Liberia Telecommunications Authority chair Albert Bropleh
was acquitted on a technicality for alleged misuse of $71,022; however,
the case was under review by the Supreme Court at year's end.
Judges were susceptible to bribes from damages that they awarded in
civil cases. Judges sometimes requested bribes to try cases, release
detainees from prison, or find defendants not guilty in criminal cases.
Defense attorneys and prosecutors sometimes suggested that defendants
pay a gratuity to appease judges, prosecutors, jurors, and police
officers or to secure favorable rulings from them. Jurors were also
susceptible to bribes, and the Ministry of Justice increased its calls
to reform the jury system.
Despite her strong emphasis on decentralization, President Sirleaf
froze County Development Funds pending ongoing audits due to evidence
of frequent misuse; such funding was intended to support local projects
to reduce poverty. The move to recentralize administration of local
development projects was widely seen as a result of inadequate local
management, which often funneled development funds to support political
interests of legislators rather than to reduce poverty.
The Government dismissed or suspended a number of officials for
corruption. For example, in April the comptroller for the Ministry of
Foreign Affairs and a senior financial officer were dismissed for
allegedly stealing $4,500 intended for the country's embassy in
Nigeria.
In May the Bureau of Immigration and Naturalization recommended six
officers for prosecution for collusion in the escape of six Bangladeshi
detainees. The case was pending investigation at year's end.
In June the National Security Agency arrested three Ministry of
Finance officials for soliciting bribes of $10,000 each from the Cocopa
Rubber Plantation Company. The case was pending investigation at year's
end.
On September 24, the Government dropped the 2007 economic sabotage
case against former National Transitional Government of Liberia chair
Charles Gyude Bryant due to a lack of evidence.
On October 12, President Sirleaf recommended senior officials for
dismissal and referred others for further investigation for their
involvement in the Carbon Harvesting Corporation deal, a carbon-credit
agreement containing irregularities that would have resulted in
significant loss of government revenue.
The investigation of the former assistant superintendent for
development in Grand Cape Mount County was pending at year's end
following his October 2009 dismissal for involvement in the
disappearance of approximately $90,000 from the Grand Cape Mount County
Development Fund.
The March 2009 case against the former minister of information
Lawrence Bropleh was dismissed with prejudice on December 7. The
dismissal cited the prosecution's alleged failure to appear in court;
however, the Ministry of Justice contested the judge's claim. A writ of
prohibition to undo the judge's decision was before the Supreme Court
at year's end.
Police corruption was a problem. During the year the LNP
investigated reports of police misconduct or corruption, and
authorities suspended or dismissed several LNP officers. For example,
in August an LNP officer was charged with property theft and was
awaiting trial at the end of the year.
In June a senior LNP official was accused of assaulting an
individual over a personal misunderstanding. The official was suspended
and ordered to pay restitution; however, no restitution was made and he
remained suspended by the end of the year.
On October 9, the LNP director announced the implementation of
complaint forms to be submitted by the public to report incidents of
bribery or unethical practices.
In November an LNP officer was arrested for allegedly permitting
his acquaintances to use his police uniform to commit acts of armed
robbery. He was released and returned to duty due to a lack of
evidence.
There were no developments in the September 2009 case of the former
Monrovia chief of patrol indicted for looting the house of a private
prosecutor.
During the year the Government continued to take steps to improve
transparency.
The General Audit Commission continued its ministerial audits and
referred findings to the legislature. However, the legislature did not
recommend any cases to the Ministry of Justice for prosecution.
The Ministry of Finance published the national budget and quarterly
financial results, and state-owned enterprises published financial
statements. Periodic, short-term advisors continued to support the
Ministry of Finance and other government entities during the year.
Advisers helped improve financial management, purchasing, and
contracting practices, and instituted financial controls that increased
government revenues and helped to curb corrupt practices. However,
government ministries and agencies did not always adhere to public
procurement regulations, particularly with natural resource
concessions. The Government made strides in adhering to the principles
of the Liberia Extractive Industries Transparency Initiative.
The act establishing the LACC empowers it to create laws and
regulations to combat official corruption. One such law requires public
officials to disclose publicly their finances. By the end of the year,
79 officials had complied, bringing the total number since 2008 to 197
officials.
On September 2, the legislature passed the Freedom of Information
Act, which provides that the Government should release government
information not involving national security or military issues upon
citizens' requests.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups operated
without government restriction, investigating and publishing their
findings on human rights cases. Government officials were generally
cooperative and responsive to their views.
In September the legislature confirmed the seven commissioners to
the Government's Independent National Commission on Human Rights
(INCHR).
There were no developments in a Ministry of Justice investigation
into the April 2009 allegation of police abuse of an NGO official.
The case against former president Charles Taylor, whom the
Government in 2006 transferred to the Special Court for Sierra Leone in
The Hague to face war crimes charges, was ongoing at year's end.
The Truth and Reconciliation Commission (TRC) closed its office in
July.
President Sirleaf submitted two of four quarterly reports mandated
by the TRC Act on the Government's progress in implementing TRC
recommendations. In the first report submitted in March, the president
explained she was seeking the advice of the Ministry of Justice and the
Law Reform Commission regarding the report's recommendations for
prosecution.
The second report, due in June, was submitted to the legislature on
August 30. The delay was attributed to the convening of a
presidentially organized civil society task force charged with
formulating a road map on how to respond to and implement the TRC's
recommendations. The task force advised the president that, considering
the legal, political, and security implications of the TRC's
recommendations, which included the president for public sanction,
implementation should not be the exclusive responsibility of the
executive as the TRC act requires. The legislature delayed discussion
of the report until it reconvenes in 2011.
On November 30, Richelieu ``Archie'' Williams, the Director General
of the Liberia Civil Aviation Authority, filed a petition against the
minister of justice and the INCHR chair to nullify the TRC report's
recommended list of individuals to be publicly sanctioned. Williams,
who appears on the list, argued the imposition of the 30-year ban would
deny him due process and was therefore unconstitutional. The case was
pending at year's end.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on ethnic
background, sex, creed, place of origin, disability, ethnic origin, or
political opinion; however, the Government did not enforce these
provisions effectively.
The constitution, however, enshrines discrimination on the basis of
race, and only persons who are ``Negroes'' or of ``Negro descent'' can
become citizens or own land. Differences stemming from the country's
civil war continued to contribute to social and political tensions
among ethnic groups.

Women.--Rape continued to be a widespread problem. The 2006 rape
law legally defined rape; however, the Government did not always
effectively enforce the law. The Government worked during the year to
sensitize women and men on the prevention, treatment, and prosecution
of rape. The Government and NGOs attributed increased reporting of rape
due to an improved understanding of what constitutes rape. The Sexual
Pathways Referral program, a combined effort of the Government and
NGOs, improved access to medical, psychosocial, legal, and counseling
assistance for victims. The maximum sentence for first-degree rape is
life imprisonment and 10 years for second-degree rape, although
presiding judges had discretion to sentence less than the maximum.
Accused first-degree rapists were not eligible for bail. The law does
not specifically criminalize spousal rape. The WCPS unit of the LNP
stated that approximately 277 rape cases were reported to the unit, of
which 114 were prosecuted.
As mandated by the 2008 Gender and Sexually-Based Violence Bill,
the special court for rape and other violence has exclusive original
jurisdiction over cases of sexual assault including abuse of minors in
Montserrado County, which includes Monrovia. In the six cases
prosecuted during the year, the Government won two convictions. One
perpetrator was sentenced to jail for 10 years and the other for 15
years.
In August the Liberia Bar Association called for the removal or
revision of the 2006 rape law based on an argument that the provision
of making first-degree rape a nonbailable offense was a violation of
the rights of the accused.
The Sexual and Gender Based Violence Crimes Unit within the
Ministry of Justice continued to coordinate with the special court and
collaborate with NGOs to increase sensitization of sexual and gender
based violence issues.
Outside of Montserrado Country, the stigma of rape contributed to
the pervasiveness of out-of-court settlements and obstructed
prosecution of cases. Inefficiency in the justice system also
prohibited timely prosecution of cases, although local NGOs pushed for
prosecution and sometimes provided lawyers to indigent victims. The
Government raised awareness of the issue of rape through billboards,
radio broadcasts, and other publicity campaigns.
The law prohibits domestic violence; however, it remained a
widespread problem. The maximum penalty for domestic violence is six
months' imprisonment, but the Government did not enforce the law
effectively, and cases, if reported, were generally treated as either
simple or aggravated assault. The Government and the media made some
efforts to publicize the problem, and several NGOs continued programs
to treat abused women and girls, and to increase awareness of their
rights. LNP officers received training on sexual offenses as part of
their initial training. In September the Gender Based Violence
Secretariat began a review of the national action plan for domestic
violence.
During the year the Ministry of Gender and Development organized
workshops and seminars to combat domestic violence.
The law does not prohibit sexual harassment, and it was a major
problem, including in schools and places of work. Government billboards
warned against harassment in the workplace.
There are no laws restricting couples and individuals from deciding
freely and responsibly the number, spacing, and timing of their
children; however, information and assistance on family planning topics
relevant to these issues was difficult to obtain, particularly in rural
areas, where there were few health clinics. In Bong County, for
example, women had to walk from one to four hours to reach a clinic,
while in River Cess and Grand Kru counties, the walk could take one or
two days. In Bong County 86 percent of women surveyed reported knowing
about contraception, although only 35 percent reported using it, and
only 20 percent had requested information or treatment about sexually
transmitted diseases.
There was no indication of discrimination between men and women in
diagnosis or treatment of sexually transmitted infections, including
HIV. The maternal mortality rate was 994 deaths per 100,000 live
births.
Women have not recovered from the setbacks caused by the war, when
almost all schools were closed, and they were prevented from
maintaining their traditional roles in the production, allocation, and
sale of food. Thousands of women remained displaced, preventing them
from pursuing livelihoods or education.
Women and men enjoy the same legal status. Women can inherit land
and property, receive equal pay for equal work, and were allowed to own
and manage businesses.
While women experienced some economic discrimination based on
historic traditions, the Government worked to promote women in the
economic sector through programs and NGO partnerships to conduct
workshops and micro-credit lending programs. A number of businesses
were female-owned or operated.
The Government prohibits polygyny; however, traditional laws permit
men to have more than one wife. No specific office exists to ensure the
legal rights of women, but the Ministry of Gender and Development was
generally responsible for promoting women's rights.

Children.--Citizenship can be derived through parentage if at least
one parent is a Liberian citizen or by birth in the country if the
child is of ``African'' descent. If a child born in the country is not
of African descent, the child cannot acquire citizenship. As a result,
non-African residents, such as members of the large Lebanese community,
cannot acquire or transmit citizenship. The law requires parents to
register their infants within 14 days of birth; however, fewer than 5
percent of births were registered. In July the Government successfully
launched a new birth registration and certification program focused on
six counties.
While primary education is compulsory and tuition-free, many
schools still charged informal fees to pay unpaid teachers and to cover
operating costs that prevented many students from attending. Fees
continued for secondary school, and the Government was unable to
provide for the needs of the majority of children. In both public and
private schools, families of children were required to provide their
own uniforms, books, pencils, paper, and even desks.
Widespread child abuse continued, and reports of sexual violence
against children increased during the year. According to an August 11
UNMIL report, 70 percent of rape victims during the preceding six
months were under the age of 16. Civil society organizations reported
increased incidence of rape of girls under 12, and there were 53
reported cases of child endangerment during the year.
FGM was common and traditionally performed on young girls in
northern, western, and central ethnic groups, particularly in rural
areas. The most extreme form of FGM, infibulation, was not practiced.
The law does not specifically prohibit FGM. Traditional institutions,
such as the secret Sande Society, often performed FGM as an initiation
rite, making it difficult to ascertain the number of cases. To combat
harmful traditional practices like FGM, the Government trained
community leaders and women's groups during the year and provided
training in alternative income generating skills to FGM practitioners.
Young women and girls engaged in prostitution for money, food, and
school fees. The minimum age for consensual sex is 18, and 46 out of 95
reported cases of statutory rape were brought to court in the year.
Statutory rape is a first-degree rape offense and the maximum sentence
for perpetrators is life imprisonment. Child pornography is also
prohibited by law, with a penalty of up to five years imprisonment for
violators.
Despite international and government attempts to reunite children
separated from their families during the civil war, there were still
children who lived on the streets in Monrovia. It was difficult to tell
who were street children, former combatants, or internally displaced
persons. Nearly all children over 10 had witnessed atrocities during
the 14-year civil war, and some children had committed atrocities.
Regulation of orphanages continued to be very weak. Many unofficial
orphanages also served as transit points or informal group homes for
children, some of whom had living parents who had given up their
children for possible adoption. Orphanages had difficulty providing
basic sanitation, adequate medical care, and appropriate diet. They
relied primarily on private donations and support from international
organizations, such as the UN Children's Fund and the World Food
Program, which provided food and care throughout the year. Many orphans
lived outside these institutions. In September, 19 children were
reportedly starving due to having only one meal per day in an orphanage
in Maryland County. The Government closed the facility and it remained
closed at year's end.
Liberia is not a party of the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. To address issues of child
adoption and international child abduction, the moratorium on child
adoption imposed by the Government in January 2009 continued during the
year. For information on international parental child abduction, please
see the Department of State's annual Report on compliance at http://
travel.state.gov/abduction/resources/congressreport/congressreport--
4308.html.

Anti-Semitism.--There was no significant Jewish community in the
country, and there were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at http://www.state.gov/g/tip.

Persons With Disabilities.--Although it is illegal to discriminate
against persons with physical and mental disabilities, such persons did
not enjoy equal access to government services. No laws mandate access
to public buildings. Streets, schools, public buildings, and other
facilities were generally in poor condition and inaccessible to persons
with disabilities. Many citizens had permanent disabilities as a result
of the civil war. Persons with disabilities faced societal
discrimination, particularly in rural areas.
The National Commission on Disabilities and the Ministry of Health
and Social Welfare were responsible for protecting the rights of
persons with disabilities; however, they did not do so effectively.
During the year the commission and ministry conducted a series of
sensitization programs about persons with disabilities. NGOs provided
some services to persons with disabilities.

National/Racial/Ethnic Minorities.--Although the law prohibits
ethnic discrimination, racial discrimination is enshrined in the
constitution, which provides that only ``persons who are Negroes or of
Negro descent'' may be citizens or own land. Many persons of Lebanese
and Asian descent who were born or lived most of their lives in the
country were denied citizenship and property rights as a result of this
discrimination.
The country has 16 indigenous ethnic groups; each speaks a distinct
primary language and was concentrated regionally. Differences involving
ethnic groups continued to contribute to social and political tensions.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law prohibits sodomy, and
the culture is strongly opposed to homosexuality. ``Voluntary sodomy''
is a misdemeanor with a penalty of up to one year's imprisonment;
however, no convictions under the law occurred in recent years. There
were no reported instances of violence based on sexual orientation.
There were no lesbian, gay, bisexual, or transgender organizations in
the country.

Other Societal Violence or Discrimination.--There were no reports
of societal violence against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law allows workers to form or
join freely independent unions of their choice without prior
authorization or excessive requirements. The law also provides workers,
except members of the military, police, and civil service, the right to
associate in trade unions, and workers exercised this right in
practice. The law allows unions to conduct their activities without
interference, and the Government protected this right in practice. The
law prohibits unions from engaging in partisan political activity.
Workers, except members of the civil service, have the right to strike.
Union power increased during the year through increased membership at
major plantations; however, the country's largely illiterate workforce
engaged in few economic activities beyond the subsistence level.
The law does not prohibit retaliation against strikers. However,
the requirement to notify the Ministry of Labor of the intent to
strike, and the ministry's resulting involvement, were thought to
mitigate retaliation and there were no such incidents during the year.

b. The Right to Organize and Bargain Collectively.--Collective
bargaining is protected by law, and these laws were effectively
enforced. With the exception of civil servants, all workers have the
right to organize and bargain collectively.
The law prohibits antiunion discrimination, and there were no
reports of such discrimination during the year.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor; however, there were reports that such
practices occurred. Families living in the interior sometimes sent
young women and children to stay with relatives in Monrovia or other
larger cities with the promise that the relatives would assist the
women and children in pursuing educational or other opportunities.
However, in some instances, these women and children were forced to
work as street vendors or domestic servants.
When victims were identified, the WCPS unit of the LNP, along with
partnering NGOs, worked to reunite victims with their families in the
interior or referred them to safe homes.
Also see the Department of State's annual Trafficking in Persons
Report at http://www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment and apprenticeship of children under the
age of 16 during school hours; however, child labor was widespread in
almost every economic sector. The Government did not effectively
enforce child labor law, and there were inconsistencies between the
minimum employment age and compulsory educational requirements. For
example, the minimum age for children to work at sea is 15.
In urban areas children assisted their parents as vendors in
markets or hawked goods on the streets. During the year there were
reports that children tapped rubber on smaller plantations and private
farms. There were also reports that children worked in conditions that
were likely to harm their health and safety, such as stone cutting or
work that required carrying heavy loads. Some children were engaged in
hazardous labor in the alluvial diamond industry and in agriculture.
The Child Labor Commission is responsible for enforcing child labor
laws and policies; however, the commission was understaffed and
underfunded. The Child Labor Commission coordinated efforts to provide
scholarships for children to enroll in school. The Ministry of Labor's
Child Labor Secretariat, the Ministry of Justice's Human Rights
Division, the Ministry of Gender and Development's Human Rights
Division, the Ministry of Health and Social Welfare's Department of
Social Welfare, and the LNP's Women and Children Protection Section
were also charged with investigating and referring for prosecution
allegations of child labor. International NGOs continued to work to
eliminate the worst forms of child labor by withdrawing children from
hazardous work and putting at-risk children in school. Other local and
international NGOs worked to raise awareness of the worst forms of
child labor.
In September a special task force began confiscating goods from
children peddling on the streets in Monrovia to curb child labor during
school hours. The children received notes informing their parents that
their goods had been confiscated. The effort included a ``Back to
School'' rally to raise awareness of the exercise.

e. Acceptable Conditions of Work.--The national law requires a
minimum wage of 15 Liberian dollars ($0.30) per hour, not exceeding
eight hours per day, excluding benefits, for unskilled laborers. The
minimum wage laws apply only to the formal economic sector.
The law does not fix a minimum wage for agricultural workers but
requires that they be paid at the rate agreed to in the collective
bargaining agreement between workers' unions and their management,
excluding benefits. Skilled labor has no minimum fixed wage, and the
minimum wage for civil servants was 5,600 Liberian dollars ($114) per
month.
The national minimum wage did not provide a decent standard of
living for a worker and family. Families dependent on minimum wage
incomes also engaged in subsistence farming, small scale marketing, and
begging.
The law provides for a 48-hour, six-day regular workweek with a 30-
minute rest period for every five hours of work. The six-day workweek
may be extended to 56 hours for service occupations and to 72 hours for
miners, with overtime pay beyond 48 hours. The law also provides for
pay for overtime, and it prohibits excessive compulsory overtime.
The law provides for paid leave, severance benefits, and safety
standards.
The Ministry of Labor's Labor Inspection Department enforced
government-established health and safety standards. Officials conducted
unannounced visits of consistent violators to improve standards.
Enforcement of standards and inspection findings was not always
consistent. The law does not give workers the right to remove
themselves from dangerous situations without risking loss of
employment.
Due to the country's continued severe economic problems, most
citizens were forced to accept any work they could find regardless of
wages or working conditions.

__________

MADAGASCAR

Madagascar, with a population of more than 20 million, is ruled by
an unelected and illegal civilian regime that assumed power in a March
2009 coup with military support. Andry Nirina Rajoelina adopted the
title of president of the transition, at the head of a loose coalition
of former opposition politicians, and intends to remain in this
position until elections are held. Former president Marc Ravalomanana,
democratically elected in 2006 is in exile, and the parliament has
remained suspended since then. In defiance of a negotiated agreement
with the African Union (AU) and local political leaders, the regime
failed to establish a legitimate transitional administration that would
oversee free and open elections for the restoration of a legal
government. Military leaders continue to assert their autonomy from the
current political leadership, despite their tacit support of
Rajoelina's de facto government. On November 17, the de facto regime
held a unilateral and internationally unrecognized constitutional
referendum that sparked an attempted coup by a small group of military
leaders, which was resolved after almost three full days of
negotiations. There were instances in which elements of the security
forces acted independently of civilian control.
The following human rights problems were reported: unlawful
killings and other security force abuses; harsh prison conditions,
sometimes resulting in deaths; arbitrary arrest and detention; lengthy
pretrial detention; censorship; intimidation and arrest of and violence
against journalists; restrictions on freedoms of speech, press, and
assembly; curtailment of the right of citizens to choose their
government; official corruption and impunity; societal discrimination
and violence against women, and trafficking of women and children; and
child labor, including forced child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were several
reports that the Government or its agents committed arbitrary or
unlawful killings, under both the Ravalomanana government in 2009 and
Rajoelina's de facto government during the year. Police and gendarmes
continued to use unwarranted lethal force during pursuit and arrest.
For example, on May 20, during a Religious Leaders' Movement (HMF)
protest, an armed confrontation between dissident factions of the
gendarmerie's Intervention Force (FIGN) and the joint armed forces sent
with the Special Intervention Force (FIS) by the de facto regime
resulted in the death of a religious leader, the death of a member of
the FIS, and about a dozen injured among the armed forces and
civilians. There were no further developments by year's end.
On September 22, the Police Intervention Force in Toamasina shot
and killed two persons accused of armed attacks after they reportedly
opened fire on police. There were no further developments by year's
end.
On August 28, former president Ravalomanana was tried in absentia,
convicted, and sentenced to forced labor for life for the February 2009
killings by presidential guards of at least 30 protesters outside
Ambohitsorohitra Palace. Ravalomanana continued to claim his innocence
while exiled in South Africa.
There were no further developments in the following 2009 deaths
that resulted from actions by security forces: the January deaths of
150 to 300 persons nationwide during riots; the January death of at
least 44 persons trapped in a burning department store in Antananarivo;
the January killing of a boy outside the MBS television station; and
the April shooting deaths of two protesters by security forces.
There were no further developments in the series of small
explosions in the capital between April and August 2009, for which the
pro-Ravalomanana opposition was blamed.

b. Disappearance.--On November 11, Fetison Rakoto Adrianairina and
Zafilahy Stanislas, leaders of the opposition group supported by former
president Ravalomanana, and Pastor Edouard Tsarahame, a leader of the
opposition group supported by former president Zafy, were arrested on
charges of holding an unauthorized demonstration. Subsequently, they
were moved to different prisons and eventually to an undisclosed
location. Their lawyers and family were not permitted to see them or
know of their whereabouts from November 20 to 25. Their trial was
postponed to January 23, 2011, because the defendants did not appear
for the original November 23 trial date despite being held under
custody in an undisclosed location at the time.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law provide for the inviolability of
the person and prohibit such practices; however, security forces
subjected prisoners to physical and mental abuse.
For example, on November 20, proregime forces arrested a group of
military officers who had led an attempted coup that started on
November 17. A few days after their arrest, it was reported that most
of the attempted coup leaders showed signs of physical abuse and two of
them, General Raeolina and Colonel Coutiti, were in critical condition
after beatings. A November 21 medical report conducted by the chief
doctor at Tsiafahy prison on General Raeolina revealed that he had
severe deep bruising in the face and chest and had been in and out of
consciousness, likely as a result of physical abuse by the arresting
officers. Colonels Andriamihoatra and Jadifara, both involved in the
coup attempt and arrested on November 20, received medical exams on
November 21 also revealing potential physical abuse by arresting
officers.
On April 29, six persons were injured when Antsiranana police
opened fire on a funeral procession that passed in front of the central
police station. The funeral procession was protesting the death of
Ninjaka Olivier, who was allegedly beaten to death two days earlier by
police. There were no further developments by year's end.
There were no further developments in the following 2009 cases: the
March detention and harsh treatment of Pastor Lala Rasendrahasina; the
2009 arrest and pistol whipping of a member of parliament by Gendarme
Commanders Charles Andrianatsoavina and Lylison Rene Urbain; and the
September FIS shooting of a woman in the leg in Antananarivo.

Prison and Detention Center Conditions.--Prison conditions were
harsh and life threatening under both the Ravalomanana and Rajoelina
regimes. Severe overcrowding due to weaknesses in the judicial system
and inadequate prison infrastructure remained a serious problem;
pervasive pretrial detention continued.
On March 11, a presidential pardon released 1,424 prisoners over
the age of 70.
As of June the country's 83 prisons and detention centers held
approximately 18,647 prisoners. This total included approximately 736
women and girls and 424 juvenile males. Of those detained, 7,964 were
in pretrial detention.
Chronic malnutrition, which affected up to two-thirds of detainees
in some prisons, was the most common cause of death. The Ministry of
Justice's goal in 2008 to raise prisoners' daily food ration (typically
dry manioc, rice, or cassava) had not been implemented, and the
situation worsened due to budget shortfalls as a result of the ongoing
political crisis and the suspension of some foreign assistance.
Families and nongovernmental organizations (NGOs) supplemented the
daily rations of some prisoners.
For example, in June and July there were four reported deaths in
Taolagnaro prison due primarily to malnutrition. In 2009, 34 deaths
were recorded in the first 10 months. However, NGOs and media sources
indicated that there was substantial underreporting of prison deaths.
The total number of deaths in all prisons during the year was
unavailable.
Malnutrition and a lack of hygiene made detainees vulnerable to
disease, including epidemics. Deteriorating prison infrastructure--
including a lack of sanitary facilities and potable water--resulted in
skin disease, insect infestation, and other health risks. Access to
medical care was limited, although NGOs reported limited success in
targeted sanitation activities at several facilities in the north.
Ventilation, lighting, and temperature control in facilities were
inadequate, indeed hardly existed.
Church leaders and some NGOs reported that rape was commonplace in
prisons and often used by prison guards and other inmates to humiliate
prisoners. Other organizations stated that while rape cases were the
exception, prisoners often prostituted themselves in jail for food.
Male and female prisoners were separated. The central prison had a
separate quarter for women, and there was a women's facility in
Manjakandriana. Juveniles were not always held separately from the
adult prison population, and some preschool-age children shared cells
with their incarcerated mothers. There were at least two political
detainees held under house arrest instead of imprisonment with the
general prison population, but others were generally held in the same
facilities. Pretrial detainees were seldom kept separate from the
general prison population. Prisoners and detainees were authorized to
receive weekly visits from relatives and permitted religious
observance, although actual prison conditions were too harsh for
prisoners to actually receive visitors or engage in worship.
There was no provision for ombudsmen to serve on behalf of
prisoners and detainees.
There were no reports that the Government permitted prisoners and
detainees to submit complaints on inhumane conditions to judicial
authorities, or that the Government investigated or monitored prison
and detention center conditions or acted to improve them.
The Government generally permitted independent monitoring of prison
conditions by the International Committee of the Red Cross (ICRC),
several local NGOs, and some diplomatic missions, and such visits
occurred during the year. The ICRC conducted visits several times
during the year to each of 30 main penitentiary facilities; the ICRC
was able to hold private consultations in accordance with its standard
modalities. ICRC representatives were also permitted to visit detainees
in pretrial or temporary detention, as need arose.
Although the EU funded projects focused on improving prison
conditions, there were no known attempts by the Government itself to do
so during the year.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, the Government did
not always respect these provisions in practice. The Government
permitted arrest on vague charges and detained suspects for long
periods without trial. There was a sharp increase in politically
motivated detentions both before and after the March 2009 coup; the
actual number remained disputed, but several of those arrested since
then remained imprisoned (see sections 1.e. and 2.a.).
On November 23, regime forces arrested a former judge on the
International Court of Justice, Raymond Ranjeva, and his pregnant
daughter, accusing Ranjeva of being involved in the November 17 coup
attempt. Ranjeva was released on bail a few hours later, but his
daughter remained in custody for insulting regime forces and was
sentenced to a month of probation on November 30.
During March demonstrations in Analakely, political and religious
activists Charles and Kathy Hilaire were arrested for ``offense against
national security'' when brochures on the HMF were found in their car.
After investigations, they were released; however, approximately 50
lower-profile protestors were reportedly arrested in the same incident
and remained in prison awaiting trial at year's end.
On May 15, opposition politician Ambroise Ravonison was violently
arrested during a radio interview. Two other interviewees and three
members of the radio's staff were injured, and the radio station's
equipment vandalized. Ravonison, a French citizen, obtained a
provisional release and fled the country. No action had been taken
regarding the vandalism by year's end.
Journalists were arrested (see section 2.a.).
Senator Eliane, who was arrested in September 2009 for attending an
illegal gathering and damaging public property, left the country. At
year's end she reportedly remained abroad conducting an information
campaign on the de facto regime's lack of respect for human rights.

Role of the Police and Security Apparatus.--The minister for
internal security oversees the national police, the gendarmerie, and
the coast guard, with authority for law and order in both urban and
rural areas. The gendarmerie had previously been under the authority of
the Ministry of Defense.
Lack of training and equipment, low salaries, and rampant
corruption were problems in the national police and gendarmerie.
Chronic underfunding and unclear command structures severely diminished
the security forces' ability to respond effectively to the civil unrest
that began in January 2009. By April 2009 security forces under the
control of the de facto government began to assert effective control
over demonstrations in the capital, with an accompanying reduction in
violence. The creation in March 2009 of the Joint National
Investigation Committee (CNME), later renamed the Special Investigation
Force, (FIS), diluted the authority of the minister for internal
security, as it began to pursue high-profile targets under Commanders
Charles Andrianatsoavina and Lylison Rene Urbain and independently
outside regular judicial processes. Security forces routinely used
excessive force during arrests and while dispersing demonstrations,
employing tear gas, flash grenades, and live ammunition.
There is no systematic mechanism available for investigating
security force abuses. However, victims may lodge complaints in the
court of jurisdiction. This rarely, if ever, occurred.

Arrest Procedures and Treatment While in Detention.--Although the
law requires that authorities obtain arrest warrants in all cases
except those involving hot pursuit, often persons were detained and
jailed based on accusations or political affiliation. Defendants have a
general right to counsel and those who could not afford a lawyer were
entitled to one provided by the state; however, many citizens were not
aware of this right, and even if aware, most were too afraid to request
one. Defendants have the right to be informed of charges against them,
but this right was not always respected. A system of bail exists
depending on the crime; bail was frequently denied for more severe or
high-profile crimes. Magistrates often resorted to a ``mandat de
depot'' (retaining writ) under which defendants were held in detention
for the entire pretrial period. The law limits the duration of pretrial
detention and regulates the use of the mandat de depot, including
regulations that limit the duration of detention based on the type of
crime, with a theoretical maximum of eight months for criminal cases.
Family members of prisoners generally were allowed access to prisoners;
however, access was more limited to certain prisoners, such as those in
solitary confinement or those arrested for political reasons.
The Ministry of Justice reported that approximately 50 percent of
the prison population was in pretrial detention.
The law mandates that a criminal suspect be charged or released
within 48 hours of arrest; however, the Government often detained
individuals for significantly longer periods before charging or
releasing them. Poor record keeping, an outdated judicial system that
favored keeping the accused in detention until their trial, an
insufficient number of magistrates, lack of resources, and difficult
access in remote areas contributed to lengthy pretrial detention,
ranging from several days to several years. Many detainees spent a
longer period in investigative detention than they would have spent
incarcerated following a maximum sentence for the charges faced.

Amnesty.--On March 11, a presidential pardon released 1,424
prisoners over the age of 70.
As part of the August 2009 Charter of the Transition, the country's
four main political movements agreed to a tentative plan for an amnesty
covering political activities from 2002-09. However, in December 2009
Rajoelina formally abrogated the charter, and with it the existing
agreement on amnesty during the transition administration.
Shortly after taking power in March 2009, Rajoelina's de facto
government authorized the release and pardon of 48 individuals it
deemed ``political prisoners,'' who were imprisoned under the
Ravalomanana government. Twenty of these prisoners had not yet received
an official pardon, and remained under poorly enforced house arrest.
They included a number of nonpolitical criminals, guilty of murder and
other grave human rights violations during past conflicts. Most
prominent among them was Lieutenant Colonel Assolant Coutiti, who was
convicted in 2004 on two counts of torture during the 2002 political
conflict, in addition to prior convictions for politically motivated
abductions and murder in the same conflict. Following widespread
condemnation of the release, Rajoelina's government did not release any
further prisoners whose incarceration predates the current political
crisis. Several opposition figures arrested during the year were
released in August 2009 as a gesture of good faith in advance of
implementation of the Charter of the Transition. The release was
criticized, however, for requiring them to sign a letter promising not
to engage in further political activities.

e. Denial of Fair Public Trial.--Although the constitution and law
provide for an independent judiciary, the judiciary was susceptible to
executive influence at all levels, and corruption remained a serious
problem. This worsened under the de facto government, and the use or
threat of intimidation surrounded every major judicial decision since
March 2009. The absence of any legislative body permitted the de facto
government effectively to rule by decree, with no check on executive
power. The minister of justice routinely expressed an opinion on high-
profile judicial decisions to the media before the court announced
them.
Military courts are reserved for the trials of military personnel
and generally follow the procedures of the civil judicial system,
except that military officers are included on jury panels. Defendants
in military cases have access to an appeals process and generally
benefit from the same rights available to civilians, although their
trials are not public. A civilian magistrate, usually joined by a panel
of military officers, presides over military trials.
The law provides traditional village institutions the right to
protect property and public order. Some rural areas used an informal,
community-organized judicial system called ``dina'' to resolve civil
disputes between villagers over such issues as alleged cattle rustling.
This system was criticized for human rights abuses, particularly for
lack of due process before imposing harsh sentences well outside the
scope of formal law.

Trial Procedures.--The law provides for a presumption of innocence;
however, the presumption of innocence was often overlooked. The
constitution and law provide defendants with the right to a full
defense at every stage of the proceedings, and trials are public. While
the law provides that juries can be used in all cases, in practice,
juries were used only in labor disputes. Defendants have the right to
be present at their trials, to be informed of the charges against them,
to call and confront witnesses, and to present evidence. The Government
is required to provide counsel for all detainees on criminal charges
who cannot afford their own attorney; however, many citizens were not
aware of this right in practice. Attorneys have access to government-
held evidence, but this right does not extend to defendants without
attorneys. Defendants have the right to appeal convictions.
The law extends these rights to all citizens without exception;
however, in practice these rights were routinely denied, as the de
facto government prolonged incarceration of suspects for weeks without
charge and continually postponed hearings while denying bail. For
example, in June 2009 former president Ravalomanana was tried and
convicted in absentia for alleged abuse of power while in office; he
later asserted that he was unaware that the trial was taking place. In
August the Antananarivo Criminal Court convicted Ravalomanana in
absentia for his presumed involvement in the February 2009 presidential
palace shootings and sentenced him to a life sentence of hard labor. At
year's end Ravalomanana remained in exile in South Africa.

Political Prisoners and Detainees.--No definitive numbers were
available, but several well-known politicians were imprisoned under
Ravalomanana's government, most of whom were released in 2009
regardless of whether their incarceration had a criminal aspect
alongside their political affiliations. In July a Ministry of Justice
source stated that the de facto government had placed 102 ``political
prisoners'' in preventive detention since 2009, many with little or no
evidence of having committed criminal or civil offenses. Subsequently,
some were released conditionally or with no charges being filed.
Opposition leaders alleged that dozens of additional persons were
detained without due process for their role in political protests,
although the facts of their individual cases were unavailable.
In April 18 political detainees in the Tsiafahy top-security prison
reportedly went on a hunger strike, requesting review of their cases
and unconditional release. The authorities took no action.
On June 15, Manoela was arrested after speaking during opposition
movement protests at Magro. On July 12, the criminal court charged
Manoela with nine violations including ``insulting a police officer''
and sentenced him to three months' imprisonment. He was subsequently
released.
There were no further developments in the following 2009 cases of
political detainees: the April arrest of Ralitera Andrianandraina,
former head of security at the High Constitutional Court, for his
alleged role in an attempt on Rajoelina's life, and the August arrest
of lawyer Lalaharinoro Rabemananjara for alleged complicity in the June
and July bombings.
Some prisoners remained difficult to classify due to the effects of
corruption and intimidation in the judicial process. These prisoners
generally received equal treatment to that of other prisoners, and
international humanitarian organizations were permitted access to them.

Civil Judicial Procedures and Remedies.--The judiciary's
independence and impartiality were compromised by corruption and
political influence, according to Independent Anticorruption Bureau
(BIANCO) investigations and public perception. The judiciary deals with
all civil matters, including human rights cases. However, the courts
often encountered difficulty in enforcing judgments in civil cases.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, but homes and
workplaces of opposition groups were subjected to arbitrary searches
without warrants. On November 23, regime forces arrested Raymond
Ranjeva's pregnant daughter and searched his house, accusing Ranjeva of
being involved in the November 17 coup attempt. Ranjeva was allegedly
told to turn himself in if he wanted his daughter to be released.
Ranjeva obliged and was released a few hours later, but his daughter
remained in custody for insulting regime forces and on November 30 was
sentenced to a month -long probation (see section 1.d.).
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, but both government and
nongovernment groups actively impeded political criticism with threats
and violence against reporters, media owners, and media outlets.
Journalists were sent to jail, and government security forces attacked
residences of editors or owners. A September report by international
NGO Freedom House on the status of press freedom categorized the
country as ``not free,'' diminished from the previous year's rating of
``partially free.'' The report noted that ``both main parties routinely
ignored constitutional protections for media freedom while in power,
using harassment, intimidation, and censorship to restrict media
operations. As a result, news coverage became extremely partisan and
polarized, while diversity of views receded.''
On January 8, two journalists of the FJKM church's radio station
Radio Fahazavana--Didier Ravoahangison and Lolo Ratsimba--were arrested
and sent to prison for acts of political destabilization due to their
alleged complicity in a December 2009 mutiny attempt. They received
bail on February 15 and were awaiting trial at year's end.
On March 31, a Radio Feon'Imerina journalist was arrested after the
de facto regime's prime minister announced that persons who ``caused
trouble'' in Ambohijatovo on March 29 would be sanctioned. The
journalist was released the same day.
On May 20, Radio Fahazavana was closed down and 10 of its staff
members--six journalists and four technicians--were arrested for an
alleged attempt to endanger state security and incite a rebellion. They
were released under bail on September 8 and were awaiting trial at
year's end.
On August 8, officials from the Ministry of Communications and
local police forces ordered the suspension of Radio Mahafaly in
Antsirabe. The station was managed by a close ally of former president
Ravalomanana. At year's end the suspension remained in effect.
On September 30, based on a Ministry of Communication directive,
ministry officials and armed law enforcement elements closed Radio
Fototra, owned and operated by the Green Party Hasin'I Madagasikara.
After the coup attempt on November 17, the regime sent warning
letters to Ma-TV, TV Plus, and two other stations for airing statements
by the attempted coup leaders. The letters implied that airing anything
that could be seen as opposing the regime or calling for an end to it
and thus an end to the transition could be considered a threat to
public order and security and could lead to suspension and even
withdrawal of operating permits.
There were 13 privately owned major daily newspapers and many other
privately owned national and local news publications that were
published less frequently.
Before March 2009 Le Quotidien, which is owned by former president
Ravalomanana, was the newspaper most heavily influenced by the state;
since March 2009 La Verite has been most closely aligned with the de
facto government. The Government owned nationwide television and radio
networks. There were approximately 256 other radio stations and 39
other television stations nationwide, which provided more limited
geographic coverage.
The 2009 politically motivated closure of opposition media outlets,
such as Radio Mada, remained in effect at year's end.
To maintain access to sources and remain safe, journalists
practiced extensive self-censorship, and many private radio stations
shifted to live call-in shows to distance themselves from editorial
responsibility for content.

Internet Freedom.--There were generally no government restrictions
on access to the Internet or reports that the Government monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Public access to the Internet was limited mainly to urban areas; modern
technology and the necessary infrastructure were generally absent in
rural areas. According to International Telecommunication Union
statistics for 2009, approximately 1.63 percent of the country's
inhabitants used the Internet.
Political groups, parties, and activists used the Internet
extensively to advance their agendas, share news, and criticize other
parties. Although there were allegations of technical sabotage from
both sides of some Web sites during the year, the Internet was
considered among the more reliable sources of information as many of
the Web sites servers were outside the country and could not be
regulated by the Government.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
but this right was restricted extensively during the year. Government
officials and security forces regularly impeded opposition gatherings
in locations around the country. The de facto regime also forbade
protests during the holiday season (Christmas to New Year's Day) and
during election periods (from election day until election results were
official).
Opposition groups were repeatedly denied the right to hold
political rallies in Antananarivo. On October 26, opposition groups
sent a letter to the presidentially appointed mayor and the prefect of
Antananarivo requesting an explanation for the refusal to hold a rally
at three public areas in Antananarivo from October 28 to 30. Opposition
leaders confirmed these places were available for the requested dates
but were still not given permits. Opposition groups attempted to hold
meetings on November 10 and 12 at a public stadium, but the prefecture
of police denied their request. From December 1 to 3, opposition groups
tried to hold rallies in various public venues in Antananarivo and
applied for the proper permits, but all requests were denied.
On November 20, the Association of Mayors of Madagascar and
opposition groups held a protest in Analakely. Within five minutes of
the start of the protest, police forces broke up the group and arrested
Guy Mazime Ralaiseheno, the leader of the Association. Ralaiseheno
remained in prison at the end of the year.
Opposition groups were usually authorized to hold political rallies
in provincial cities. However, on August 27, a protest in Tulear lead
by Elimberaza Mandrikake turned into looting of the local affiliate of
the national radio. Seven opposition leaders were arrested; Mandrikake
reportedly escaped and went abroad.

Freedom of Association.--The constitution and law provide for the
right of association and permit citizens to organize political parties
and associations. The Government generally respected this right in
practice, although a law signed in January 2009 governing political
parties imposes stringent new requirements. Parties are required to
have representation in 12 regions within the first 30 months of their
creation, hold regular national meetings, and participate in at least
three consecutive elections, excluding the presidential election. Only
legally constituted political parties would be able to present
candidates. This law was not implemented before the March 2009 coup and
the de facto government did not present any plans to do so.

c. Freedom of Religion.--For a discussion of religious freedom,
please see the Department of State's 2010 International Religious
Freedom Report at www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The constitution does not explicitly prohibit forced exile,
and the Government utilized it selectively. Several opposition figures,
such as former deputy prime minister Pierrot Rajaonarivelo, returned to
the country during 2009 despite outstanding legal issues arising from
convictions handed down in their absence; at year's end, the de facto
government had not moved to arrest them.
The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian agencies in
providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.

Protection of Refugees.--The country is not a party to the 1967
Protocol relating to the Status of Refugees (although it is party to
the 1951 Convention) and has not ratified the 1969 African Union
Convention Governing the Specific Aspects of the Refugee Problem in
Africa. The law does not include provisions for the granting of asylum
or refugee status, but the Government has established a system for
providing protection to refugees. In practice the Government provided
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened on account of their
race, religion, nationality, membership in a particular social group,
or political opinion. The Government granted refugee status or asylum
and cooperated with the UNHCR and other humanitarian organizations in
assisting the small number of refugees in the country.

Stateless Persons.--An arcane system of citizenship laws and
procedures resulted in a large number of stateless persons in the
minority Muslim community, many of whom have lived in the country for
generations. Reliable figures remained unavailable, but Muslim leaders
estimated as many as 5 percent of the estimated two million Muslims
were affected. Citizenship is transmitted through ``blood''; birth in
the country does not transmit citizenship. Children born to a citizen
mother and noncitizen father must declare their desire for citizenship
by age 18 or risk losing eligibility for citizenship. Some members of
the Karana community of Indo-Pakistani origin, who failed to register
for Indian, Malagasy, or French citizenship following India's
independence in 1947 and Madagascar's independence in 1960, were no
longer eligible for any of the three; this applied to their descendants
as well. Members of the wider Muslim community suggested that a Muslim-
sounding name alone could delay one's citizenship application
indefinitely. Lack of citizenship precluded voting rights and
eligibility for a passport, which limited international travel.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens previously exercised this right in
practice by voting in presidential, legislative, and municipal
elections between 2006 and 2008. However, this right was effectively
curtailed when opposition protests led to a coup and the overthrow of
the elected government in March 2009. Following the December 2008
closure of his television station, VIVA TV, Andry Rajoelina, the former
mayor of Antananarivo, led a coup in opposition to President
Ravalomanana in March 2009. Unable to consolidate his rule in the face
of domestic and international condemnation, from August to December
2009 Rajoelina engaged in a negotiating process. In December, after the
negotiations failed to yield results acceptable to him, Rajoelina
unilaterally declared his intention to organize elections for as early
as March 2010. The opposition rejected this plan, pushing for a return
to dialogue and an inclusive transition government. Throughout the year
Rajoelina unilaterally announced roadmaps to elections that were
postponed multiple times. A constitutional referendum was held on
November 17 and countrywide mayoral elections, scheduled for December
20, have been postponed indefinitely. Legislative and presidential
election dates are proposed for the first part of 2011; however,
opposition groups and the international community have rejected the
results from the constitutional referendum and the election timeline as
unilateral and unrealistic.

Elections and Political Participation.--Indirect elections to the
33-member senate took place in 2008; then president Ravalomanana's I
Love Madagascar (TIM) party won all 22 elected seats, and the president
appointed the remaining 11 members. Allegations of campaign and voting
irregularities surfaced during and after the election, but no
conclusive legal action was taken.
The 2007 municipal elections were initially declared free, fair,
and peaceful, but local observers noted minor irregularities in some
elections advantaging ruling party candidates over others. The State
Council overturned results in several mayoral contests, citing
localized miscounting and improper involvement of TIM candidates. By
August 2008 TIM had lost 16 mayoral positions in court and gained six
others. TIM did not initially interfere when Rajoelina won the mayoral
race in Antananarivo, but the election marked the beginning of a
conflict with then president Ravalomanana, which culminated in the
March 2009 coup.
Political parties could not operate without restriction or outside
inference. Parties opposing the party of the regime leader often had
their individual rights, such as freedom of expression, violated. The
regime often denied opposition parties the right to organize and
publicize their opinions. Political parties were also heavily dominated
by the urban elites from the long-standing Malagasy tribes.
Until March 2009 there were four women in the cabinet, 10 women in
the 127-member national assembly, and five women in the 33-member
senate. Three of the 22 appointed regional administrators were women.
Under the de facto government, there are five women in the cabinet;
parliament was suspended after the March 2009 coup and has not been
reestablished, although a ``transition'' parliament has gradually been
appointed by Rajoelina after a September 2010 National Conference that
was seen as unilateral and remained unrecognized by the international
community at year's end.
Until March 2009 there were 11 Muslims and seven Chinese-Malagasy
members in the national assembly and eight Muslims in the senate.
Chinese-Malagasy and Muslims also held civil service positions.
Residents of Indo-Pakistani origin were not well represented in the
Government.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
corruption reportedly increased after the March 2009 coup. Corruption
was rampant in the national police and gendarmerie. The World Bank's
most recent Worldwide Governance Indicators reflected that corruption
was a problem, as was impunity. NGOs and the media reported that
anticorruption efforts in recent years were more effective in pursuing
low-level violators than in attacking corruption at the national
government level.
The general lack of rule of law created a permissive environment
for illegal logging and the export of rare endemic hardwoods, primarily
from the country's northern forests, which were perceived to have been
facilitated by bribery at several levels of government. Foreign NGOs
and media reports alleged that high-level corruption, ranging from
local security forces to the national government, permitted the illegal
cutting and export of rosewood and ebony trees, despite laws to protect
them. Chinese businessmen were caught on tape alleging that they paid
de facto leader Rajoelina directly for illegal logging rights.
The Independent Anticorruption Bureau (BIANCO) is a nominally
independent government agency, with a presidentially appointed director
and oversight from the Committee for the Safeguard of Integrity within
the presidency. BIANCO did not address the corruption and abuses of
power perpetrated by security forces and civilian officials and did not
play a visible role in addressing corruption problems associated with
the ongoing political crisis.
In 2008 the Government created an agency to combat money
laundering, SAMIFIN, and an ethics unit within each ministry. BIANCO
and the Ministry of Justice signed an agreement in 2008 for increased
cooperation concerning data collection and case referrals. However, the
implementation has been weak due to lack of financing and political
will, especially since the March 2009 coup.
Public officials at the director-general level and above, excluding
the president, were subject to financial disclosure laws. In practice
in 2008 only 33 percent of those required to disclose assets or income
did so. Disclosure laws have never been effectively enforced.
There are no laws providing for public access to government
information. Educational material on corruption, including statistics
updated every quarter, was available to citizens and noncitizens,
including foreign media.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Numerous domestic and international human rights groups generally
operated without government restriction, investigating and publishing
their findings on human rights cases. Government officials were
generally unresponsive to their views, particularly after the March
2009 coup, but international human rights groups were allowed to enter
the country, conduct their work, and consult freely with other groups.
Domestic groups reported intimidation following the coup.
There were several domestic NGOs in the country that work on human
rights, but very few have the capacity to work effectively and
independently. The National Council for Election Observation continued
to be a leader in the field of civic education, and provided technical
support and training in several past elections. Other key organizations
included the Observatory of Public Life, SOS aux Victimes du Non-droit,
and Actions by Christians for the Abolition of Torture, all of whom
worked to monitor human rights issues and actively participated in
public and private forums on the subject. Political movements have on
occasion attempted to co-opt these organizations, leading to
accusations of their increasing politicization, but they were not
routinely suppressed or subjected to harassment.
Following the March 2009 coup, the UN and other international
bodies widely criticized both the Ravalomanana government and the de
facto government for human rights abuses and for their continued
failure to resolve the ongoing crisis through dialogue and new
elections. The UN played an active role as part of the international
mediation team and the International Contact Group on Madagascar,
alongside the African Union, the International Organization of the
Francophonie, and the South African Development Community, which has
taken the lead role in mediation efforts since the middle of the year.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit all forms of discrimination,
including on the basis of race, gender, disability, language, and
social status; however, no specific government institutions were
designated to enforce these provisions.

Women.--The law prohibits rape in general but does not specifically
refer to spousal rape. Penalties range from five years to life in
prison, depending on factors such as the victim's age, the rapist's
relationship to the victim, and whether the rapist's occupation put the
individual in contact with children. Rape of a child or a pregnant
woman was punishable by hard labor. An additional two to five years'
imprisonment could be added in the case of rape with assault and
battery, although the Government did not always enforce these
penalties. In 2008 the Morals and Minors Brigade, a department in the
Ministry of Interior, reported receiving 10 to 12 rape-related
complaints a day countrywide. There were 217 cases of rape reported in
2008 in Antananarivo; 130 were investigated. All of these figures
probably underestimated the extent of rape nationwide, but there were
no reliable figures available.
The law prohibits domestic violence, but it remained a widespread
problem punishable with two to five years in prison and a fine of four
million ariary ($2,000), depending on the severity of injuries and
whether the victim was pregnant. In 2007 the Government's National
Institute for Public Health estimated that 55 percent of women were
victims of domestic violence. The UN Population Fund (UNFPA) estimated
in 2006 that one of three women in the southern and southeastern
section of the country would suffer from violence at some point. A 2007
Ministry of Health survey on conjugal violence, conducted in
collaboration with two NGOs, found that of 400 women surveyed in
Antananarivo, 45 percent were subjected to psychological violence and
35 percent to physical violence. Police and legal authorities generally
intervened when physical abuse was reported. The Ministry of Health
continued working with NGOs in Antananarivo and Fianarantsoa to provide
victims with legal advice. Statistics on the number of domestic abusers
prosecuted, convicted, or punished were unavailable. Anecdotal evidence
from NGO-run welcome centers indicated that the political crisis, and
its related social and economic impacts, correlated with a rise in the
incidence of domestic violence, with two- or three-fold increases in
cases reported.
Sex tourism was an increasing problem with the growth of the
tourism industry before the 2009 coup and the economic crisis and lack
of legitimate employment opportunities since the coup. The Government
continued its national awareness campaign by posting signs throughout
airports and hotels, including a full-page warning against engaging in
sex tourism in the customs booklet given to arriving international
passengers. In 2007 the Government adopted a law modifying the criminal
code to define child sexual exploitation, child sex tourism, child
pornography, and trafficking in persons, and stipulating penalties for
violations. NGOs reported that the law was used in court on several
occasions but had not yet resulted in a conviction. Law enforcement
officials noted that the law was often not uniformly interpreted or
applied.
Sexual harassment is against the law. Penalties vary from one to
three years' imprisonment plus a fine of one to four million ariary
($500 to $2,000). This penalty increases to two to five years'
imprisonment plus a fine of two to 10 million ariary ($1,000 to $5,000)
if the victim was forced or pressured into sexual acts or punished for
refusing such advances. However, the practice was widespread,
particularly in export processing zone (EPZ) factories. The UNFPA
estimated that 50 percent of women working in EPZs were victims of
sexual harassment. In past years, the Government enforced sexual
harassment laws when cases were brought to court; however, there were
no reported court cases during the year.
Couples and individuals freely exercised their reproductive rights
with no legal or policy discrimination or coercion. The Government
provided free access to contraceptives and family planning information
at public clinics, and services were also available in the private
sector. According to the UNFPA, the modern contraceptive prevalence
rate was 28 percent. Skilled attendance during childbirth was
infrequent, particularly in rural areas, where there were few trained
health workers. However, the Population Reference Bureau reports that
54 percent of births were attended by skilled personnel. All delivery
services, including caesarean sections, were free in government health
facilities. However, since much of the population lived more than two
miles away from public clinics over difficult terrain, many in rural
areas were unable to access reproductive health and maternity services;
the Government and donors have identified this as a critical
constraint, and a variety of programs were instituted to expand the
availability of quality care. However, there was a lack of resources to
address the issue comprehensively. The latest National Statistics
Institute (INSTAT) survey conducted between November 2008 and August
2009, and issued in June concluded that the maternal mortality ratio
(the ratio of the number of maternal deaths per 100,000 live births)
was 498, compared with 269 deaths in the 2004 report. Men and women had
equal access to diagnosis and treatment of sexually transmitted
infections, including HIV. While there were no legal barriers to access
these services, there were enormous infrastructure inconsistencies and
some social/cultural barriers and stigma based on ethnicity that
limited full access.
Women generally enjoyed the same legal status as men. Under the law
wives have an equal voice in selecting the location of the couple's
residence and generally received half the couple's assets if the
marriage ended. While widows with children inherit half of joint
marital property, a husband's surviving kin have priority over widows
without children--leaving them eighth in line for inheritance if there
is no prior agreement and potentially leaving them with none of the
estate or a very small portion of it. In practice these requirements
were not always observed.
A tradition known as ``the customary third,'' which provided the
wife with the right to only one-third of a couple's joint holdings, was
occasionally observed. There was no special government office to ensure
the legal rights of women.
There was relatively little societal discrimination against women
in urban areas, where many women owned or managed businesses and held
management positions in private businesses and state-owned companies.
In rural areas, where most of the population is engaged in subsistence
farming, more traditional social structures tended to favor entrenched
gender roles. While there is little discrimination in access to
employment and credit, women often did not receive equal pay for
substantially similar work. Women were not permitted to work in
positions that might endanger their health, safety, or morals.
According to the labor and social protection codes, such positions
include night shifts in the manufacturing sector and certain positions
in the mining, metallurgy, and chemical industries.
A number of NGOs focused on the civic education of women and girls
and publicized and explained their specific legal protections; however,
due to illiteracy, cultural traditions, societal intimidation, and a
lack of knowledge of their rights, few women lodged official complaints
or sought redress when their legal rights were violated or ignored.

Children.--Citizenship is derived from one's parents, although
children born to a citizen mother and a foreign father must declare
their desire for citizenship by age 18. The country has no uniformly
enforced birth registration system, and unregistered children have
historically not been eligible to attend school or obtain health care
services. The United Nations Children's Fund (UNICEF) worked with the
Government to provide birth certificates for both newborn children and
those who did not receive a certificate at birth. According to a UNICEF
study conducted during the year, 25 percent of children in the country
under the age of five were not registered.
The constitution provides for tuition-free public education for all
citizen children and makes primary education until age 14 compulsory.
Child abuse was a problem. Since the beginning of the political
crisis, cases of child rape increasingly appeared in the media.
In 2007 the Government adopted a 2008-12 national action plan on
violence against children, including child labor, sexual exploitation,
and trafficking. The Ministry of Health, in collaboration with UNICEF,
operated more than 14 multisector networks throughout the country to
protect children from abuse and exploitation. Several ministries worked
with UNICEF to develop training manuals on child rights and safeguards
for officials working in child protection networks. In June 2008 the
Government completed a one-year program to train and assist security
forces in the protection of children.
Government statistics in 2008 indicated that 33 percent of girls
and young women between the ages of 15 and 19 were married. Child
marriage was especially prevalent in rural areas, where most couples
were united in traditional local ceremonies outside the legal system.
The legal age for marriage without parental consent was 18 years for
both boys and girls.
Children engaged in prostitution for survival with or without
third-party involvement. Child prostitution constituted one of the
primary forms of child labor. A 2007 UNICEF study in the coastal cities
of Toamasina and Nosy Be found that between 30 and 50 percent of
females exploited in the commercial sex field were younger than 18
years old.
Although child abandonment is against the law, it was a significant
problem due to acute poverty and lack of family support. There were few
safe shelters for street children, and government agencies generally
tried to place abandoned children with parents or other relatives
first; orphanages and adoption were a last resort. A traditional
superstition in the southeast against giving birth to twins led some
parents in the region to abandon one or both of their twin children,
who sometimes were left to die. However, no changes to the legal
framework or enforcement policy had been adopted by year's end.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international child abduction, please see the Department of State's
annual report on compliance at http://travel.state.gov/abduction/
resources/congressreport/congressreport--4308.html.

Anti-Semitism.--The Jewish Community is very small, and there were
no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities, broadly defines
their rights, and provides for a national commission and regional
subcommissions to promote the rights of persons with disabilities. In
practice, however, these rights were rarely enforced, and the legal
framework for promoting accessibility remained perfunctory. A 2005
study conducted by the NGO Handicap International found that persons
with disabilities seldom had access to health care, education,
employment, or accommodation for communication or other basic services,
and women and girls with disabilities were often victims of physical
violence. The Association Sembana Mijoro, advocating for rights of
persons with disabilities, reported that children with disabilities
represent only 0.5 percent of children attending school. In general,
access to education for persons with disabilities was limited due to
lack of adequate infrastructure, specialized institutions, and
teachers.
The Ministry of Health is responsible for protecting the rights of
persons with disabilities. Isolated projects at the community level had
some success. In 2008 a public market in the city of Majunga gained
special handicapped access; a health and transportation benefits
program with identity cards was developed in the city of Fianarantsoa;
and persons with disabilities had been successfully integrated into
public schools in some areas where they previously had no access. With
international funding in 2008, the city of Antsiranana worked to make
city hall, health centers, and other administrative buildings
accessible. However, reports continued that schools often rejected
students with disabilities, claiming their facilities were not
adequate. Local NGOs also provided evidence that persons with
disabilities were routinely refused access and verbally abused by
teachers throughout the education system, from primary school to
university. In June 2009 a study on the integration of children with
disabilities in the educational system found that their attendance rate
was only 0.26 percent in 631 schools surveyed, due to the lack of
specialized programs, poor understanding of the children's needs, and
insufficient resources.

National/Racial/Ethnic Minorities.--None of the 18 tribes of the
country constituted a majority. There were also minorities of Indo-
Pakistani, Comoran, and Chinese heritage. Ethnicity, caste, and
regional solidarity often were factors in hiring and were exploited in
election campaigns. A long history of military conquest and political
dominance by highland ethnic groups of Asian origin, particularly the
Merina, over coastal groups of African ancestry contributed to tension
between citizens of highland and coastal descent, particularly in the
political sphere.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law does not prohibit
discrimination against lesbian, gay, bisexual, and transgender (LGBT)
activity, and there was general societal discrimination against the
LGBT community.
Sexual orientation and gender identity were not widely discussed in
the country, with public attitudes ranging from tacit acceptance to
outright physical violence, particularly against transvestite sex
workers. Local NGOs reported that most organizations that worked with
the LGBT community did so as health service providers, often in the
context of their work to combat the spread of HIV/AIDS. LGBT sex
workers were frequently targets of aggression, including verbal abuse,
stone throwing, and even murder. In recent years there has been an
increased awareness of ``gay pride'' through positive media exposure,
but general attitudes have not changed.
The penal code provides for a prison sentence of two to five years
and a fine of two to 10 million ariary ($1,000 to $5,000) for acts that
are ``indecent or against nature with an individual of the same sex
under the age of 21.'' There are reports of official abuses occurring
at the community level, such as administrative officials denying health
services to transvestite men or breaking confidentiality agreements,
although no cases have ever been pursued in court.

Other Societal Violence or Discrimination.--Although the national
HIV/AIDS rate was low at approximately 1 percent, there was stigma and
discrimination attached to having HIV/AIDS. In 2007 the Government
adopted a law protecting HIV/AIDS patients' rights to free and quality
health care and specifying sanctions against persons who discriminated
or marginalized persons with the disease. This has reportedly helped
reduce discrimination, following public testimony and greater awareness
of issues affecting those living with HIV/AIDS. The law was enforced by
the Ministries of Health and Justice and the National Committee for the
Fight Against AIDS in Madagascar.
Section 7. Worker Rights

a. The Right of Association.--The law provides that public and
private sector workers may establish and join labor unions of their
choice without prior authorization or excessive requirements. However,
those classified as essential workers, including police, military, and
firefighters, may not form unions. Ministry of Civil Services and Labor
statistics from 2007 indicated that 14 percent of workers in EPZ
companies and 10 percent of all workers were unionized. The Government
had no reliable statistics on the number of public employees
participating in unions, but it was generally believed that few public
employees were union members, despite the existence of several public
employees' unions.
The law provides most workers with the right to strike, including
in EPZs, and workers exercised this right; however, workers must first
exhaust the conciliation, mediation, and arbitration procedures, which
may take eight months to two and one-half years. Civil servants and
maritime workers have their own labor codes. Workers in other essential
services, such as magistrates, have a recognized but more restricted
right to strike and are required by law to give prior notice to their
employer.

b. The Right to Organize and Bargain Collectively.--The law
provides for unions to conduct their activities without interference,
and the Government generally respected this right. The law also
provides workers in the private sector the right to bargain
collectively; however, civil servants were not covered under such
agreements.
The law prohibits antiunion discrimination by employers; however,
the Ministry of Civil Services and Labor indicated that some employees
did not join unions due to fear of reprisal. In the event of antiunion
activity, unions or their members may file suit against the employer in
civil court.
Since passage of a new EPZ law in 2008, labor laws in the EPZ vary
somewhat from the country's standard labor code, notably reducing
worker rights. EPZ labor contracts may now differ in terms of contract
duration, restrictions on the employment of women during night shifts,
and the amount of overtime permitted.

c. Prohibition of Forced or Compulsory Labor.--The labor code
prohibits forced or compulsory labor, including by children, but at
times the Government did not enforce this prohibition. Many children
and women were forced into domestic servitude, commercial sexual
exploitation, and sometimes street vending and mining. While prisoners
and pretrial detainees can no longer be forcibly hired out to
government officials for private use, government offices can hire them
out for public use if the prisoners agree to the terms of employment
and monetary compensation stipulated in the labor code. In addition
under the Main d'oeuvre penale (MOP) system, prisoners could work
voluntarily in prison fields or penal camps or private facilities.
Except for those condemned to forced labor, they were entitled to
receive a salary. There were also reports that prisoners were sent, at
their own request and under state supervision, to perform remunerated
work for private individuals. The MOP system was suspended on August
26, as part of the security measures called ``Operation Coup de
Poing,'' part of an effort to lessen increasing nationwide insecurity.
Forced labor of children occurred almost exclusively in the
informal sector, which accounts for a large portion of the country's
economy. Forced labor also occurred in stone quarries, in the mining
sector, in the farming and fishing industries, and in domestic
servitude.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip

d. Prohibition of Child Labor and Minimum Age for Employment.--
There were laws to protect children from exploitation in the workplace
and prohibit forced or compulsory labor, but the Government did not
have sufficient resources or personnel to enforce these laws. Child
labor was a widespread problem.
The minimum age for employment was 15 years of age, consistent with
educational requirements. The law allows children to work a maximum of
eight hours per day and 40 hours per week with no overtime. The law
prohibits persons under the age of 18 years from working at night and
at sites where there is an imminent danger to health, safety, or
morals. Employers must observe a mandatory 12-hour rest period between
shifts. Occupational health and safety restrictions include parental
authorization and a medical visit before hiring.
The International Labor Organization's (ILO) 2007 National Survey
on Child Labor in Madagascar indicated that approximately 28 percent of
children between the ages of five and 17 (1.8 million children) were
working on a full- or part-time basis, with an estimated 438,000
children involved in dangerous work. Children in rural areas worked
mostly in agriculture, fishing, and livestock herding, while those in
urban areas worked in occupations such as domestic labor, transport of
goods by rickshaw, petty trading, stone quarrying, work in bars, and
begging. Children also were engaged in salt production, deep sea
diving, and the shrimp industry. The Ministry of Civil Services and
Labor estimated that more than 19,000 children were working in the
mining towns of Ilakaka in the south, mostly in the informal sector,
helping their families mine for gemstones or working as domestics. Some
children were trafficked internally for the purposes of forced labor.
The Ministry of Civil Services and Labor is responsible for
enforcing child labor laws and policies in the formal sector and
conducted general workplace inspections during the year in response to
a range of complaints. During the year the ministry had only 90
inspectors to carry out its responsibilities, making it difficult to
monitor and enforce child labor provisions effectively. There is no
enforcement in the much larger informal sector.
In 2007 the Government adopted a decree regulating the working
conditions of children, defining the worst forms of child labor,
identifying penalties for employers, and establishing the institutional
framework for its implementation. NGOs reported improved awareness of
the issue as a result; however, this had not been matched with more
effective pursuit of labor law violators. In 2009 there was a proposal
to amend the 2007 decree aimed at categorizing the types of sanctions
to apply to violators, but the political crisis ended this project.
During the year the Ministry of Labor organized a child labor workshop
for labor inspectors in Ansirabe and established an action plan for
regional child labor inspectors to use mass media and private sector
monitoring to combat child labor.
The Government continued to work with the Malagasy Soccer
Federation (FMF) to conduct awareness campaigns around the country to
combat child labor as part of the ``red card campaign,'' which
continued during the year with support from the FMF and the ILO
International Program on the Elimination of Child Labor.
NGO-run welcome centers in Antananarivo, Tamatave, and Tulear
continued to receive victims of trafficking and forced labor.
For information on child trafficking, see the Department of State's
annual Trafficking in Persons Report at www.state.gov/g/tip

e. Acceptable Conditions of Work.--The Ministry of Civil Services
and Labor was responsible for enforcing the working conditions and
minimum wages prescribed in the labor code, but it often encountered
trouble enforcing these laws due to inadequate resources and
insufficient personnel.
The monthly minimum wage was 70,025 ariary ($35) for
nonagricultural workers and 71,000 ariary ($36) for agricultural
workers. This did not provide a decent standard of living for a worker
and family, particularly in urban areas. Although most employees knew
what the legal minimum wages were, those rates were not always paid.
High unemployment and widespread poverty led workers to accept lower
wages.
The standard workweek was 40 hours in nonagricultural and service
industries and 42.5 hours in the agricultural sector. Legislation
limited workers to 20 hours of overtime per week, but employees often
were required to work until production targets were met. In some cases
this overtime was unrecorded and unpaid.
The Government sets occupational health and safety standards for
workers and workplaces. The National Fund for Social Welfare, the
country's social security agency, conducted inspections and published
reports on workplace conditions, occupational health hazards, and
workplace accident trends. The 90 labor inspectors in the Ministry of
Civil Services and Labor were sufficient to effectively monitor
conditions for workers only in the capital. Workers, including foreign
or migrant workers, have an explicit right to leave a dangerous
workplace without jeopardizing their employment as long as they inform
their supervisors. However, this right was not always respected in
practice.

__________

MALAWI

Malawi is a multiparty democracy with a population of approximately
15 million. In May 2009 Bingu wa Mutharika of the Democratic
Progressive Party (DPP) was reelected president in what international
observers characterized as a generally free and fair election.
Constitutional power is shared between the president and the 193
national assembly members. Security forces reported to civilian
authorities.
The following human rights problems were reported: police use of
excessive force, which resulted in deaths and injuries; security force
impunity, although the Government made some efforts to prosecute
abusers; occasional mob violence; harsh and life-threatening prison
conditions; arbitrary arrest and detention; lengthy pretrial detention;
limits on freedom of speech and the press; official corruption;
societal violence against women; trafficking in persons; and child
labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
security forces killed three persons during the year. Perpetrators of
past abuses were occasionally punished, but investigations often were
abandoned or remained inconclusive.
On July 27, while conducting a search for another individual, a
police officer shot and killed Silence Kapalamula at a video store in
the Majawira Trading Centre. Police claimed the shooting was in self-
defense. By year's end, no action had been taken against the officer.
On September 20, police officer Godfrey Salamba struck and killed a
woman and her child with his vehicle in the village of Balaka. Several
eyewitnesses stated that the officer was speeding. By year's end, no
action had been taken against Salamba.
On December 23, Detective Sergeant Pierson Msiska was convicted of
murder and sentenced to 11 years' imprisonment with hard labor for the
August 2009 beating death of Stumai Mwalwanda in Karonga.
Mobs sometimes beat, stoned, or burned suspected criminals to
death.
On September 27, a mob in the Ndirande suburb of Blantyre beat
Ulemu Sesani and Moses Kachala to death when they were caught breaking
into a private home. No arrests were made, and the investigation
continued at year's end.
No arrests had been made in the February 2009 case in which
villagers in the Nkhata Bay District beat to death village headman
Pegson M'nkhwakwata Chirwa and then burned his body.
There were no new developments in the February 2009 killing of
Laston Seunda by a mob in Tholo.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
police used excessive force and other unlawful techniques, including
sexual abuse, during the year. While senior officials publicly
condemned prisoner mistreatment, their subordinates continued to employ
unacceptable techniques. The Malawi Human Rights Commission (MHRC) and
local nongovernmental organizations (NGOs) criticized police for human
rights violations several times throughout the year.
On March 17, police allegedly beat Harry Mwandama of Limbe, who
suffered a broken leg as a result. Mwandama was accused of illegal
peddling. A police spokeswoman denied any knowledge of the beating.
On May 4, three police officers reportedly beat Mercy Lozani until
she was unconscious after Lozani refused to reveal the whereabouts of a
fugitive. The three officers allegedly then sexually molested Lozani's
teenage daughter (see section 1.f.). The case was under investigation
at year's end.
There were no developments in the July 2009 case in which police
fired into an unarmed crowd in Blantyre, injuring two persons.
Chrispin Ulemu Kam'mayani, a lawyer for the MHRC that a police
officer beat and arrested in August 2009, declined to press charges. It
was unclear why Kam'mayani dropped the case.
During the year the Limbe Magistrate Court found that Nthethiwa
Salamba, Charles Sadick, and Alexander Sadick should be charged with
assaulting a police officer; the three claimed they were beaten by
police after being arrested in September 2009. The police prosecutor's
investigation determined no charges needed to be filed against the
police officers involved. The case remained pending at year's end.
During the year police officers from the Kabula police station in
Blantyre were cleared of the alleged 2008 beating of Aubrey Kasten.

Prison and Detention Center Conditions.--Prison conditions remained
harsh and potentially life threatening. Overcrowding, inadequate
nutrition, substandard sanitation, poor health facilities, and
inadequate infrastructure remained serious problems. Prisons and
detention centers, while generally well ventilated, had no provisions
for temperature control other than wood fires. Basic emergency medical
care was generally available during daytime, but unavailable after
regular working hours. Referrals were made to district medical clinics
for more involved cases. Potable water was available.
The prison system's 30 facilities, built to accommodate
approximately 5,500 inmates, routinely held at least double that
number. According to Chief Prison Commissioner MacDonald Chaona, there
were 11,672 inmates in the prison system at year's end. Prison staffing
remained inadequate despite efforts to recruit more staff. Daily prison
rations were meager. Family members were allowed to bring other food
items and inmates were encouraged to grow vegetables and raise
livestock; however, malnutrition in the prison population remained a
problem.
While the exact number was not known, numerous inmates died in
prison each month, largely due to HIV/AIDS, diarrhea, pneumonia,
tuberculosis, and inadequate diet.
The 156 female prisoners were segregated within 16 prison compounds
and monitored by female guards. Pretrial detainees often were not held
separately from convicted prisoners.
At year's end, according to the Malawi Prison Service, there were
490 children in prison, either serving sentence or awaiting trial.
Prisoners were allowed to have visitors, to observe their
individual religions, and to submit complaints to prison authorities.
Community service programs were available as alternatives to prison
terms for first-time offenders with permanent addresses who were
convicted of less serious crimes.
During the year the Government permitted domestic and international
NGOs, such as Amnesty International, and the media to visit and monitor
prison conditions and to donate basic supplies. The International
Committee of the Red Cross (ICRC) did not visit any prisons during the
year.
During the year the Government doubled the budget allocation for
the Malawi Prison Service from 558.7 million Malawi kwacha (MWK) to 1.2
billion MWK ($3.7 million to $7.9 million). However, the bulk of the
increase is slated for the construction of a new prison in Lilongwe,
rather than improving current conditions.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, the Government did
not always observe these prohibitions in practice.

Role of the Police and Security Apparatus.--The Malawi Police
Service (MPS), controlled by the Ministry of Internal Affairs and
Public Security, has responsibility for law enforcement and maintenance
of order. Police occasionally called on the army for support to help
operate roadblocks and to assist in manhunts.
The police force was inefficient, poorly trained, and corrupt (see
section 4). Impunity was a problem. Inadequate resources and a lack of
qualified candidates from which to recruit hampered efforts to improve
MPS quality. The police service maintained a disciplinary committee
chaired by the inspector general of police to investigate abuses;
however, resources were limited, and it met only sporadically. Officers
were disciplined, but punishments often consisted of reassignment to
another post or dismissal rather than more stringent sanctions.
Police continued efforts to improve their investigative skills,
including training in internal investigations, victims' rights, sexual
abuse, domestic violence, and trafficking in persons. Police continued
to receive foreign assistance for training officials and procuring
equipment.

Arrest Procedures and Treatment While in Detention.--The law
provides the accused the right to challenge the legality of detention,
to have access to legal counsel, and to be released on bail or informed
of charges by a court within 48 hours; however, these rights were often
ignored in practice. Most suspects were apprehended without a warrant
if police had probable cause. While arrest warrants were normally
issued by a duly authorized official based on presented evidence in
cases involving corruption or white-collar crime, poorer citizens were
often arrested without warrants. The use of temporary remand warrants
to circumvent the 48-hour rule was widespread. Police frequently
demanded bribes to authorize police bail, which was frequently granted
to reduce prison overcrowding rather than on the merits of the case
(see section 4). The Government provided legal services to indigent
detainees; however, access was often delayed, since there were only 15
lawyers and seven paralegals working as public defenders in the
country. Relatives were regularly denied access to detainees.
The Government arbitrarily arrested persons, sometimes using
colonial-era antisedition and treason laws to stifle criticism.
For example, on August 20, police arrested Levi Nyondo, general
secretary of the Livingstonia Synod of the Church of Central Africa, on
charges of sedition. The arrest came after Nyondo made statements
critical of the Government at a funeral. Nyondo was released on bail,
and the case was pending at year's end.
During the year the MHRC received six complaints of arbitrary
detention related to overstay of remand, denial of bail, and unheard
appeals.
The November 2009 convictions of United Democratic Front (UDF)
Deputy Secretary General Hophmally Makande for ``proposing violence,''
and Malawi Democratic Party President Kamlepo Kalua for ``uttering
seditious words,'' were overturned on appeal on February 19.
There were no further developments in the 2008 treason cases
against former president Bakili Muluzi and nine other persons, most of
whom had close ties to the UDF.
A total of 1,267 persons, or 11 percent of the total prison
population of 11,672, were in pretrial detention. Most pretrial
homicide suspects were held in pretrial detention for two to three
years, but there is evidence that many detainees remained in prison
awaiting trial for much longer periods. Reliable data on the exact
number and situation of these long-term pretrial detainees was
unavailable.
The Center for Legal Assistance, an NGO that assists prisoners with
legal matters, continued to provide free legal assistance to expedite
the trials of detainees, with priority given to the sick, the young,
and those subjected to long trial delays.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
judicial independence in practice. However, the judicial system was
inefficient and handicapped by serious weaknesses, including poor
record keeping, a shortage of attorneys and other trained personnel,
heavy caseloads, and lack of resources.
The Malawi Defense Force (MDF) has courts martial but no military
or security tribunals. Military personnel accused and tried by courts
martial are afforded the same rights as persons accused in civil
criminal courts. MDF courts martial can try civilians in cases
concerning military operations; however, this has not occurred.

Trial Procedures.--Defendants are presumed innocent and have the
right to a public trial but not to a trial by jury. The Ministry of
Justice continued its indefinite suspension of jury trials in murder
cases, since murder suspects sometimes were incarcerated for years
awaiting trial by jury. Juries were used in other types of cases.
Defendants have the right to be present at their trial, are entitled to
an attorney, and, if indigent, to have an attorney provided at state
expense. Defendants have the right to present and challenge evidence
and witnesses and have access to government-held evidence relevant to
their cases. The law extends the above rights to all persons. All
persons have the right of appeal; however, in practice appeals were
often delayed for years and sometimes never addressed by the higher
court.
The judiciary's budgetary and administrative problems effectively
denied expeditious trials for most defendants. The Department of Public
Prosecutions had 27 prosecuting attorneys and 10 paralegals, who served
as lay prosecutors for minor cases in magistrate courts. Recruitment
and retention of government attorneys remained a problem.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, and citizens have access to a
court to bring lawsuits seeking damages for, or cessation of, human
rights violations. The law provides for administrative and judicial
remedies for alleged wrongs; however, a lack of resources and legal
professionals restricted the number of cases pursued and resulted in a
large backlog. During the year the MHRC received 83 complaints of
limited access to justice and 20 complaints of unfair administrative
procedures.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, but
the Government did not always respect these prohibitions in practice.
In 2009 parliament passed a law legalizing warrantless searches.
The MHRC reported that police regularly entered homes of poorer
citizens using special police search orders, which were issued by a
supervisory police officer rather than by a court.
The Government detained the family members of persons suspected of
criminal activity. For example, police regularly used ``bait arrests''
of relatives when a suspect could not be found to draw the wanted
individual from hiding. Police also sexually molested the teenage
daughter of a detainee during the year (see section 1.c.).
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press; however, at times the Government attempted to
limit these rights. Journalists sometimes practiced self-censorship,
especially at government-owned media outlets such as the Malawi
Broadcast Corporation and Television Malawi (TVM).
The Government sometimes threatened the use of colonial-era
antisedition and treason laws to stifle criticism.
The independent media were active and expressed a wide variety of
views; however, the Government imposed some restrictions, such as the
use of onerous licensing and registration provisions. A broad spectrum
of political opinion was available in the country's newspapers. There
were 10 independent newspapers, including two dailies, one triweekly,
and four weeklies.
There were 16 private radio stations that broadcast only in urban
areas. State-owned TVM was the sole television broadcaster.
Journalists were harassed, intimidated, and threatened with arrest
during the year. On August 26, while making a speech in Blantyre,
President Mutharika threatened to arrest journalists and to close
newspapers that ``print lies.'' The president was reacting to print
reports of food insecurity in the southern region of the country.
There were no developments in the February 2009 ``conduct likely to
cause a breach of the peace'' case against Mzimba Community Radio
Station Manager Sam Lwara.
The May 2009 case against Gilbert Tembo for the possession of
seditious materials was dropped for lack of evidence.
The July 2009 case against Gabriel Kamlomo remained pending at
year's end.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events; however, the
Government sporadically censored films that were deemed to contain
culturally sensitive or sexually explicit material.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
and the Government generally respected this right in practice.

Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right. The Government required all organizations, including political
parties, to register with the Ministry of Justice. Registrations for
new political parties were routinely delayed.

c. Freedom of Religion.--For a description of religious freedom,
please see the Department of State's 2010 International Religious
Freedom Report at www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and laws provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice.
The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, asylum seekers, and
other persons of concern.
The law prohibits forced exile, and the Government did not use it.

Protection of Refugees.--The law provides for the granting of
asylum or refugee status, and the Government has established a system
for providing protection to refugees.
The Government generally provided protection against the expulsion
or return of refugees to countries where their lives or freedom would
be threatened on account of their race, religion, nationality,
membership in a particular group, or political opinion. However, in
2009 the Government deported a recognized refugee from the Democratic
Republic of the Congo and an Ethiopian national with a pending asylum
application. UNHCR was unable to verify if the two individuals were
under threat in their respective countries of origin. No such
deportations occurred during the year.
By law the Government does not accept refugees for permanent
settlement. The Government cooperated with UNHCR in assisting refugees
and asylum seekers but restricted refugees' ability to move freely and
work outside of refugee camps.
The Government also provided temporary protection to individuals
who may not qualify as refugees under the 1951 Convention relating to
the Status of Refugees or the 1967 Protocol; however, no reliable
statistics were available.
While no legal framework existed, the Government allowed refugees
to seek both employment and educational opportunities, although it
restricted these activities outside the refugee camps. Refugees with
professional degrees, especially those with medical training, were
given work permits to pursue employment outside the camps. UNHCR, NGOs,
and the Government collaborated to provide basic assistance, including
education to children, in refugee camps.
Security forces sometimes intimidated refugees and asylum seekers.
Police routinely performed detained refugees found illegally outside of
camps and returned them to camps. Local citizens often accused refugees
of theft and demanded their deportation.
There were no developments or arrests in the July 2009 case of a
mob that reportedly killed an Ethiopian refugee accused of stealing
maize.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens exercised this right in
practice periodically through largely free and fair elections based on
universal suffrage.

Elections and Political Participation.--In May 2009 Bingu wa
Mutharika of the Democratic Progressive Party (DPP) was reelected
president in what international observers characterized as a generally
free and fair election, although there were shortcomings. Observers
criticized the inequitable access to the state-owned media granted to
opposition parties and candidates. Opposition parties accused the
Government of using public funds for campaign purposes.
The executive branch exerted considerable influence over the
unicameral national assembly, which followed a hybrid parliamentary
system loosely based on both the British model and a presidential-
parliamentary model; all cabinet ministers were also members of the
national assembly but are not required to be.
Although the Government did not prevent the activities of
opposition political parties, the parties alleged that the Government
encouraged opposition party divisions. Sporadic, minor violence
occurred between supporters of rival political parties.
The Government delayed the registration of new political parties,
which limited their ability to operate legally. Political parties were
forced to resort to the courts for judicial relief. For example, the
Peoples Development Movement applied for registration in May, but its
application was rejected. The party was finally registered November 2,
but only after a High Court ruling compelled the Government to accept
the application. The Government appealed the decision, and the case
remained in the court at year's end. While parties were generally
allowed to operate without restriction or outside interference, there
were instances of intimidation by the ruling DPP members.
There were 43 women in the 193-seat national assembly and 10 women
in the 42-member cabinet, including the country's first female vice
president. Women constituted approximately 25 percent of the civil
service. There were three female justices among the 27 Supreme and High
Court justices.
There were six members of minorities in the national assembly.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government had some success prosecuting cases; however, officials
frequently engaged in corrupt practices with impunity. The World Bank's
2009 Worldwide Governance Indicators reflected that corruption was a
serious problem. President Mutharika spoke publicly against corruption
and cautioned government officials to refrain from questionable
activities. Efforts to combat corruption and promote transparency
continued.
Police corruption continued to be a problem. On February 10, police
subinspector Charles Ngoleka, officer-in-charge of the Mkanda Police
Unit in Mchinji, was arrested for allegedly soliciting and receiving a
bribe to release an individual on police bail. The case was pending at
year's end.
Casper Chalera, the head of the Malawi Police Service Fiscal and
Fraud Section, who was charged for failing to account for 589,436 MWK
($4,040) in September 2009, was acquitted by the Blantyre Magistrate
Court on March 31.
The Malawi Anti-Corruption Bureau (ACB) investigated, indicted, and
prosecuted low-level corruption cases during the year; however, critics
charged that the bureau generally avoided indictments of high-level
government officials. The ACB was considered generally competent in its
handling of low-level cases. Indictments of former high-level
government officials proceeded slowly, often due to legal challenges
filed in court by the accused. Surveys indicated that while a majority
of citizens had been exposed to government anticorruption messages,
only 15 percent knew how to report corruption to the ACB. The ACB
reported that it completed 634 investigations during the year, which
resulted in 152 referrals to prosecutors. A total of 25 corruption
cases were prosecuted during the year, resulting in 10 convictions, 12
acquittals, and three withdrawals.
The ACB's appeal of the 2008 magistrate court acquittal of Kandi
Padambo, former head of the Electricity Supply Commission, was pending
at year's end.
There were no further developments in the 2008 case of Information
Minister Patricia Kaliati, who was accused of accepting vehicles from a
foreign company in return for a concession at a national park.
A final verdict in the 2007 corruption case against former
president Muluzi was pending at year's end.
The law provides for public access to government information, and
the Government granted access to citizens and noncitizens, including
foreign media.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, training civic
educators, advocating changes to existing laws and cultural practices,
and investigating and publishing their findings on human rights cases.
Government officials often were cooperative and responsive to their
views.
The MHRC, an independent government agency, is charged with
monitoring, auditing, promoting, and investigating violations of human
rights. Continued resource shortfalls resulted in a backlog of cases,
delayed production of reports, and hindered human rights monitoring.
The MHRC reported that it received 460 complaints of human rights
violations during the year.
UN agencies and international NGOs had offices in the country and
had access to investigate human rights abuses. The ICRC delegation for
southern Africa based in Harare, Zimbabwe, also covered the country.
The Office of the Ombudsman is mandated to investigate and take
legal action against government officials responsible for human rights
violations and other abuses. Between August 2009 and October 2010, when
the ombudsman position was unoccupied, the office continued
investigations of existing cases, but no new investigations were
authorized. The office continued to lack adequate resources and had
difficulty retaining staff. As a result, the office had only six staff
members to handle the investigations process for the country. Some
recommendations from the ombudsman were referred to parliament after
they were ignored or challenged by government departments and agencies.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law specifically provides for equal rights for women, forbids
discrimination based on language or culture, race, disability, or
social status, and provides for equality and recognition before the law
for every citizen. However, the capacity of government institutions to
ensure equal rights for all citizens was limited.

Women.--The law criminalizes rape with a maximum penalty of life
imprisonment. Spousal rape is not explicitly mentioned but could be
prosecuted under the same rape laws. The Government generally enforced
the law effectively, and convicted rapists routinely received prison
sentences. Data on the prevalence of rape or spousal rape and
conviction figures were unavailable; however, press reports of rape
arrests and convictions were an almost daily occurrence. The judiciary
continued to impose penalties on persons convicted of rape. Although
the maximum penalty for rape is death, the courts generally imposed the
maximum assault penalty of 14 years in prison for child rape and
assault.
The 2009 case against law professor Kandako Mhone for allegedly
raping a minor repeatedly since 2006 was pending at year's end.
Domestic violence, especially wife beating, was common, although
women seldom discussed the problem openly, and victims rarely sought
legal recourse. Legal experts and human rights workers attributed
victims' reluctance to report their abusers to economic dependence on
the abuser, lack of awareness of their legal rights, and fear of
retribution and ostracism. The law provides a maximum penalty of life
imprisonment for domestic violence. The law also recognizes that both
men and women can be perpetrators as well as victims of domestic
violence. Police regularly investigated cases of rape and sexual
assault but did not normally intervene in domestic disputes. Police
support units provided shelter to some abuse survivors and dealt with
human rights and gender-based violence, but officers' capacity to
assist and document cases was limited.
Sexual harassment is not specifically prohibited by law, but it can
be prosecuted under existing sections of the penal code, such as
indecent assault on a woman or girl, which carries up to a 14-year
prison sentence, or insulting the modesty of a woman, which is a
misdemeanor punishable by one year in jail. There was no available data
on the extent of sexual harassment or effectiveness of government
enforcement.
The Government recognized the right of couples and individuals to
decide freely and responsibly the number, spacing, and timing of their
children. Health clinics and local NGOs were permitted to operate
freely in disseminating information on family planning under the
guidance of the Ministry of Health. There were no restrictions on the
right to use contraceptives, but relatively few citizens had access to
them. The Government provided free childbirth services, but these
services were unevenly distributed due to limited access to hospitals
and other medical facilities in rural areas. Contraceptive use among
married women between the ages 15 and 49 years old was approximately 38
percent, according to the UN Population Fund (UNFPA). Due to a shortage
of doctors, nurses and midwives were a critical component of prenatal
and postnatal care. According to the Population Reference Bureau,
approximately 56 percent of births were attended by skilled personnel.
The UNFPA estimated the maternal mortality ratio to be 510 deaths per
100,000 live births in 2008. Men and women were entitled to equal
access to diagnosis and treatment of sexually transmitted infections,
including HIV.
Under the law, women have the right to full and equal protection
and may not be discriminated against on the basis of gender or marital
status, including in the workplace; however, discrimination against
women was pervasive, and women did not have opportunities equal to
those available to men. Women had significantly lower levels of
literacy, education, formal and nontraditional employment
opportunities, and access to resources to increase agricultural
productivity.
Women often had less access to legal and financial assistance, and
widows often were victims of discriminatory and illegal inheritance
practices in which most of an estate was taken by the deceased
husband's family. Women usually were at a disadvantage in marriage,
family, and property rights; however, awareness of women's legal rights
continued to increase, and women began to protest abuse and
discrimination. Households headed by women were represented
disproportionately in the lowest quarter of income distribution. A
total of 52 percent of full-time farmers were women; however, they had
limited access to agricultural extension services, training, and
credit. Gender training for agricultural extension workers and the
gradual introduction of rural credit programs for women increased;
however, few women participated in the limited formal labor market,
where they constituted less than 5 percent of managerial and
administrative staff.
The law provides for a minimum level of child support, widows'
rights, and maternity leave; however, only individuals who could use
the formal legal system benefited from these legal protections. In a
few isolated areas, widows were sometimes forced to have sex with in-
laws as part of a culturally mandated ``sexual cleansing'' ritual
following the death of the husband. In some cases, widows were
``inherited'' by a brother-in-law or other male relative. Although
there are no laws specifically prohibiting these practices, the
Government and civil society continued efforts to abolish them by
raising awareness concerning the inherent dangers of such behavior,
including the risk of HIV/AIDS transmission.
The Government addressed women's concerns through the Ministry of
Gender, Child Development, and Community Development. The Organization
for Economic Cooperation and Development's Gender, Institutions, and
Development data reflected the elevated discrimination in social
institutions and the high inequality to which women were subjected on a
daily basis.

Children.--Citizenship can be derived at birth within the country
or from one's parents. In 2007 the Government launched the pilot phase
of the national registration and identification system, the first step
in the creation of a national identification system to provide for
mandatory registration of births; however, the system had not been
fully implemented by year's end. There were no reports of
discrimination or denial of services due to lack of birth registration.
The Government provided free primary education for all children,
although education was not compulsory. However, families were
responsible for paying book fees and purchasing uniforms. Students from
poor families had access to a public book fund. Girls, especially in
rural areas, were unable to complete even a primary education due to
poverty, lack of schools, and cultural factors, and were at a serious
disadvantage in finding employment.
Child abuse remained a serious problem. The press regularly
reported cases of sexual abuse of children, including arrests for rape,
incest, sodomy, and defilement. A 2008 study by the safe schools
program in Machinga found that 90 percent of girls and 47 percent of
boys in primary schools experienced some form of violence, including
sexual touching by other students, sexual abuse by teachers, corporal
punishment, and verbal and psychological abuse.
During the year parliament passed the Child Care, Protection, and
Justice Act, which prohibits subjecting a child to any social or
customary practice that is harmful to the health or general development
of a child. Targeted practices included child trafficking, forced
labor, forced marriage or betrothal, and use of children as security
for debts or loans.
Despite the new law, many abusive practices, including the secret
initiation of girls into their future adult roles, continued. In a few
traditional communities, girls averaging 12 years of age were forced to
have sexual relations with older men as part of such initiation rites.
``Kupimbira,'' a practice that allows a poor family to receive a loan
or livestock in exchange for daughters of any age, existed in some
areas. The MHRC expressed concern over reports of parents forcing their
daughters into marriages for food.
The new law does not specifically prohibit female genital
mutilation (FGM), and it was practiced by a few small ethnic groups. In
most cases, FGM was performed on girls between 10 and 15 years of age.
The widespread belief that children were unlikely to be HIV
positive and that sexual intercourse with virgins can cleanse an
individual of sexually transmitted diseases, including HIV/AIDS,
contributed to the sexual exploitation of minors.
The Ministry of Gender, Child Development, and Community
Development undertook activities to enhance protection and support of
child victims. The ministry trained and paid small stipends to more
than 800 community child protection personnel, who worked nationally to
identify victims of child abuse, underage labor, and trafficking, and
referred cases to district social welfare offices or the police.
The trafficking of children for sexual purposes was a problem, and
child prostitution for survival without third-party involvement also
occurred. The new Child Care, Protection, and Justice Act stipulates
punishment up to and including life imprisonment for child traffickers.
The penal code outlaws carnal knowledge of females under the age of
16 years old and stipulates penalties up to and including the penalty
of death for offenders.
A few charitable organizations attempted to reduce the number of
child beggars in urban areas; however, the problem of street children
remained serious, as the number of orphans whose parents died from HIV/
AIDS increased. Extended family members normally cared for such
children and other orphans.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international child abduction, please see the Department of State's
annual report on compliance at http://www.travel.state.gov/abduction/
resources/congressreport/congressreport--4308.html.

Anti-Semitism.--The Jewish community was very small, and there were
no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The Employment Act prohibits
discrimination in employment; however, there is no comprehensive law
governing discrimination against persons with disabilities. The law
provides for the support of persons with disabilities through greater
access to public places, fair opportunities in employment, and full
participation in all spheres of society; however, extremely limited
resources prevented the Government from protecting these rights in
practice. Reported violations were taken seriously, and the president
publicly declared that students with disabilities should have equal
access to education and other government services. The Government had
not mandated accessibility to buildings and services for persons with
disabilities.
The Ministry of Persons with Disabilities and the Elderly is
responsible for protecting the rights of persons with disabilities.
There were both public and privately supported schools and training
centers that assisted persons with disabilities. There also were
several self-supporting businesses run by and for persons with
disabilities. The Malawi Rural Development Fund provided loans to
persons with disabilities to support these activities.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Homosexual activity is illegal
and is punishable by up to 14 years in prison in addition to corporal
punishment.
On May 20, Tiwonge Chimbalanga and Steve Monjeza were found guilty
of ``carnal knowledge against the order of nature'' and ``gross
indecency'' and were sentenced to the maximum penalty of 14 years in
prison with hard labor. On May 29, President Mutharika unconditionally
pardoned them. Mutharika stated that he granted the pardon for
humanitarian reasons only and stressed that homosexuality was still a
crime in the country.
Societal violence and discrimination based on sexual orientation
occurred. The Center for Development of the People (CEDEP) reported
that several cases of violence resulting in serious injury were
perpetrated against gay men during the year. These attacks were not
reported to police.
A 2008 study by CEDEP found that approximately 34 percent of gay
men in the country had been blackmailed or denied services such as
housing or healthcare due to their sexual orientation. Additionally, 8
percent of those surveyed said they had been beaten by police or other
security forces due to their sexual orientation.

Other Societal Violence or Discrimination.--Societal discrimination
against persons living with HIV/AIDS remained an issue. Many
individuals preferred to keep silent about their health rather than
seek help and risk being ostracized, but campaigns by the Government
and NGOs to combat the stigma had some success. The national AIDS
commission maintained that discrimination was a problem in both the
public and private sectors.
Section 7. Worker Rights

a. The Right of Association.--The law allows workers, except for
army personnel and police, to form and join trade unions of their
choice without previous authorization or excessive requirements, and
workers exercised this right in practice; however, union membership was
low due to the small percentage of the workforce in the formal sector,
the lack of awareness of worker rights, and resistance on the part of
many employees to joining unions due to fear of reprisals. Union
leaders estimated that 12 percent of the formal sector workforce
belonged to unions. There is no reliable data on employment in the
formal or informal sector. It is estimated that there are 1.1 million
persons actively working in the formal sector. An estimated 650,000 are
employed in the civil service. In 2008 the Malawi Congress of Trade
Unions (MCTU) calculated that approximately 18 percent of workers in
the formal sector were union members. Employers, labor unions, and the
Government lacked sufficient knowledge of their legitimate roles in
labor relations and disputes, which limited their effectiveness in
implementation and enforcement of the law. The law provides for unions
to conduct their activities without government interference; however,
in reality the law does not apply to the vast majority of workers in
the informal sectors.
Unions must register with the Registrar of Trade Unions and
Employers' Organizations in the Ministry of Labor, and registration was
granted routinely.
The law allows members of a registered union to strike or go
through a formal mediation process overseen by the Ministry of Labor,
and workers exercised this right. A strike can take place only after
all complex and time-consuming settlement procedures established in a
collective agreement and conciliation efforts have failed. Ambiguities
in the law regarding what services are considered to be ``essential''
could lead to unions having difficulties striking legally. There were,
however, no instances of strikes being declared illegal during the
year. Laws do not specifically prohibit retaliation against strikers.
There is no prohibition on actions against unions that are not
registered. Members of a registered union in ``essential services''
have a limited right to strike. Essential services are defined as
services whose interruption would endanger the life, health, or
personal safety of the whole or part of the population, as determined
by the Industrial Relations Court (IRC). While there is a definition of
``essential services,'' there is no defined list.
Arbitration rulings were legally enforceable; however, in practice,
due to lack of funding and a heavy case backlog, the IRC could not
monitor cases or adequately enforce the laws.

b. The Right to Organize and Bargain Collectively.--Workers in the
formal sector have the right to organize and bargain collectively, and
the Government protected this right. Informal sector workers organized
in the Malawi Union for the Informal Sector (MUFIS), which is
affiliated with the MCTU, were unable to obtain the same standard of
protection as formal sector workers. This inequity is the result of an
administrative Ministry of Labor decision that the MUFIS does not have
sufficient standing to bargain collectively. The law requires that at
least 20 percent of employees (excluding senior managerial staff)
belong to a union before it can engage in collective bargaining at the
enterprise level, and at least 15 percent union membership for
collective bargaining at the sector level. The law provides for the
establishment of industrial councils in the absence of collective
agreements for sector-level bargaining. Industrial council functions
included wage negotiation, dispute resolution, and industry-specific
labor policy development. The law was not effectively implemented due
to lack of human and financial resources.
The International Trade Union Confederation reported that ``many
workers are afraid to join unions because of prevalent antiunion
discrimination by employers.'' There were informal reports of employers
denying union access to their premises and resisting bargaining with
unions. There was also anecdotal evidence that union organizers were
dismissed or had their rights violated, which deterred unionization.
A total of 10 firms held licenses to operate under export
processing zone (EPZ) status, and all 10 were operational. There are no
special laws or exemptions from regular labor laws in export processing
zones; however, many companies in the EPZs resisted union activity, and
union organizers stated they had little access to workers in the EPZs.

c. Prohibition of Forced or Compulsory Labor.--The Government
prohibits forced or compulsory labor. Parliament passed a Child Care,
Protection, and Justice Bill that specifically outlawed forced child
labor. However, there were reports that such practices occurred,
particularly in tobacco farms. Forced labor is punishable by a maximum
fine of 10,000 MWK ($66) or two years' imprisonment. In practice
punishments were almost always limited to fines, and the modest fines
imposed were not effective in discouraging labor violations.
Although the Ministry of Labor reported no cases of forced labor,
forced and bonded labor involving entire families occurred under the
tenancy system. Tobacco plantation tenants had exclusive arrangements,
often unwritten, with the estate owners to sell their crop and to buy
inputs such as fertilizer, seed, and often food. These costs, in
addition to rent charges, often were greater than the amount of money
received from tobacco sales, systematically leading to a situation of
debt bondage to repay the inputs and other costs.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets the minimum age for employment at 14 years of age, and
children between the ages of 14 to 18 years old may not work in jobs
that are considered hazardous or that interfere with their education;
nevertheless, child labor remained a serious and widespread problem.
A June 2008 report from the Ministry of Labor stated that more than
1.4 million children, or one of every three children, were engaged in
child labor. A study in Thyolo found 41 percent of children under the
age of 15 engaged in at least part-time work. Seventy-eight percent of
children between the ages of 10 and 14 years old living on tenant farms
worked at least part-time with their parents on the farm.
Child labor was common on tobacco farms, subsistence farms, and in
domestic service. Many boys worked as vendors, and young girls in urban
areas often worked outside of their families as domestic servants,
receiving low or no wages. Child trafficking for agricultural work took
place both internally and across borders with Zambia and Mozambique;
there was also trafficking to Tanzania to work in the small-scale
fishing communities.
An August 2009 report issued by Plan International stated that
children working in the tobacco industry were being exposed to high
levels of nicotine poisoning, equivalent to smoking 50 cigarettes a
day. The Government disputed the report, arguing that Plan
International's claim that 78,000 children worked in the tobacco
industry was greatly inflated. Debate continued over the true extent of
the problem.
Regarding the 2008 case against Lilongwe restaurant owner Mohamed
Abed Ali and his employee Petro Kandindi for hiring four boys to clean
a septic tank, Ali and Kandindi were convicted and ordered to pay fines
and restitution to the victims.
Police and Ministry of Labor officials were responsible for
enforcing child labor laws and policies; however, labor inspectors do
not have law enforcement capabilities and must cooperate with the
police to pursue violators. The law specifies a maximum fine of 20,000
MWK ($132) or five years' imprisonment for violations.
The Labor Ministry continued to conduct child labor law enforcement
courses for district labor officers, district social welfare officers,
police, and district magistrate court officers. During the year the
ministry continued inspections, particularly on agricultural estates.
There were 29 district labor officers and an estimated 160 labor
inspectors at year's end. Approximately 1,400 inspections were carried
out during the year.
The Labor Ministry's youth committees in rural areas continued to
monitor and report on child labor. Despite these efforts, enforcement
by police and ministry inspectors of child labor laws was hindered by
lack of funding.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

e. Acceptable Conditions of Work.--The Ministry of Labor sets
separate urban and rural minimum wage rates based on recommendations of
the tripartite wage advisory board (TWAB), composed of representatives
of labor, government, and the private sector. However, poor functioning
of the TWAB resulted in delayed and inadequate wage rate revisions. The
urban minimum was 142 MWK ($0.94) per day; in all other areas, it was
105 MWK ($0.70) per day. Minimum wage rates did not provide a decent
standard of living for a worker and family. Official minimum wages
apply only to the formal sector. Wage earners often supplemented their
incomes through farming activities. The Ministry of Labor lacked the
resources to enforce the minimum wage effectively. However, the minimum
wage was irrelevant for most citizens, who earned their livelihood
outside the formal wage sector. There was no exception for foreign or
migrant workers.
The maximum legal workweek is 48 hours, with a mandatory weekly 24-
hour rest period. The law requires payment for overtime work and
prohibits compulsory overtime. In practice these standards were not
effectively enforced, and employers frequently violated statutory time
restrictions.
The law includes extensive occupational health and safety
standards; however, ministry enforcement of these standards was poor.
Workers, particularly in industrial jobs, often worked without
basic safety clothing and equipment. Workers dismissed for filing
complaints about workplace conditions have the right to file a
complaint at the labor office or sue the employer for wrongful
dismissal. Workers have the right to remove themselves from dangerous
work situations without jeopardy to continued employment; however,
given the low level of education of most workers and the high level of
unemployment, workers were unlikely to exercise this right.
The law protects foreign workers in correct legal status. Illegal
foreign workers were subject to deportation.

__________

MALI

Mali, with a population of approximately 14.5 million, is a
constitutional democracy. International and domestic observers
characterized the 2007 presidential election, which resulted in the
reelection of President Amadou Toumani Toure, and the 2007 legislative
elections as generally free and fair; however, there were some
administrative irregularities. Northern Mali experienced periodic
violence involving banditry, drug trafficking, ethnic violence, and the
terrorist organization al-Qaida in the Islamic Maghreb (AQIM). Security
forces reported to civilian authorities, although there were instances
in which elements of the security forces acted independently of
civilian control.
Principal human rights problems included arbitrary or unlawful
deprivation of life, police abuse of civilians, poor prison conditions,
arbitrary detention, lengthy pretrial detention, prolonged trial
delays, executive influence over the judiciary, lack of enforcement of
court orders, restrictions on freedom of speech and assembly, official
corruption and impunity, domestic violence and discrimination against
women, female genital mutilation (FGM), trafficking in persons,
societal discrimination against black Tamasheqs, discrimination based
on sexual orientation, societal discrimination against persons with
HIV/AIDS, slavery-like practices and hereditary servitude relationships
between ethnic groups, and child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
on February 22, police officers shot and killed Mamadou Coulibaly, a
minibus driver in Bamako who attempted to flee a police check. In
reaction to the incident, minibus drivers rioted, formed roadblocks,
burned tires, threatened police officers, and pillaged the police
station in the Bamako suburb of Senou. The Government did not pursue
disciplinary action against the police officers involved, who alleged
the first shots had been fired from the minibus.
There were no developments in the July 2009 case of minibus driver
Sountou Koumba Sissoko, shot and killed by National Guardsman Lassine
Goita allegedly for failing to stop at a checkpoint near the town of
Kita. At year's end Goita remained in prison awaiting trial. Of the 45
persons arrested for their roles in the subsequent rioting, 25 remained
in prison awaiting trial at year's end.

b. Disappearance.--There were no reports of politically motivated
disappearances.
The terrorist organization AQIM held persons hostage during the
year (see section 1.g.).

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were occasional reports that police abused civilians, including
using excessive force to disperse a demonstration.
On August 7, a group of up to 20 gendarmes arbitrarily rounded up
and physically assaulted residents in a neighborhood of Timbuktu.
Allegedly angered by an attack on one of their colleagues by a
neighborhood youth, the gendarmes brought residents to a local school,
doused them with gasoline, and threatened to set them ablaze if the
implicated youth was not turned over. Civil authorities intervened to
restore calm, but by year's end, no disciplinary action had been
pursued against the gendarmes.
An August 24 report stated police in Timbuktu had beaten with
batons a youth who refused to heed a police order to stop his
motorbike. When news of the incident spread, a large youth group
marched on police headquarters and pelted it with rocks. Although civil
authorities intervened to restore calm, no charges were brought against
the police, who alleged the victim had been injured in a motorbike
accident.
On November 12, police belonging to the Mobile Security Group (GMS)
allegedly used excessive force to disperse young demonstrators who had
gathered before the Court of Appeals in Bamako to protest the detention
of Mossa Ag Acharatmane and Aboubacrine Ag Fadil. The two detainees
were arrested on October 31 in connection with an allegedly treasonous
text they had written for the founding congress of a Tuareg
association, the National Movement for the Azawad. According to press
reports, the GMS police used batons to disperse the demonstrators,
injuring eight and arresting three, including a journalist.

Prison and Detention Center Conditions.--Overall prison conditions
remained poor. Prisons continued to be overcrowded. For example, as of
September 28, the central prison in Bamako housed 1,794 prisoners in a
facility designed to hold 400. The Sikasso Prison held close to 200
prisoners in a facility built for 50. In addition food was
insufficient, and medical facilities and sanitation were inadequate,
posing serious threats to health.
In Bamako men and women were placed in separate prisons, although
both male and female juvenile offenders were held in the women's
prison. Outside the capital, men, women, and juveniles were held in
separate cells within the same prison. Arrested individuals may be held
for up to 72 hours in police stations, where there are no separate
holding areas for men and women. Pretrial detainees were held with
convicted prisoners. Detainees had reasonable access to visitors and
were permitted religious observance. Authorities permitted prisoners
and detainees to submit complaints by themselves or through ombudsmen
to judicial authorities without censorship and to request
investigations of credible allegations of inhumane conditions, although
it was not known if any prisoner had done so. The Government's National
Penitentiary Administration investigated and monitored prison and
detention center conditions.
The Government permitted prison visits by human rights monitors,
and various human rights organizations conducted visits during the
year. However, nongovernmental organizations (NGOs) and other monitors
were required to submit a request to the prison director, who then
forwarded it to the Ministry of Justice. Approvals, which took up to
one week, were routinely granted, but the weeklong delay hindered the
ability of monitors to ascertain if there were human rights violations,
and some NGOs and the International Committee of the Red Cross (ICRC)
faced temporary resistance from prison authorities. ICRC visits were
conducted in accordance with its standard modalities. In some cases
prison officials did not allow NGOs to interview prisoners without
third parties present. Several NGOs, including the Malian Association
of Human Rights and the Malian Association of Women Lawyers, visited
prisoners and worked with female and juvenile prisoners to improve
their conditions.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
respected these prohibitions; however, there were reports that
arbitrary arrest and detention occurred.
There were no new developments in the case of Habitat Bank of Mali
Chief Executive Officer Mamadou Baba Diawara, whose conviction for
fraud was overturned by the Supreme Court in 2009 but whose release was
prevented by an order of the minister of justice. By year's end,
Diawara remained detained, as did prison warden Sekouba Doumbia, who
had released Diawara's codefendant Ismaila Haidara on the basis of the
Supreme Court order.

Role of the Police and Security Apparatus.--Security forces include
the army, air force, gendarmerie, national guard, police, and the
General Directorate of State Security (DGSE). The army and air force
are under the control of the civilian minister of defense. The national
guard is administratively under the minister of defense; however, it is
effectively under the control of the minister of internal security and
civil protection. Its responsibilities include maintaining order during
exceptional circumstances, such as disasters or riots. The guard also
has specialized border security units. The police and gendarmerie are
under the Ministry of Internal Security and Civil Protection. Police
have responsibility for law enforcement and maintaining order in urban
areas, while gendarmes have that responsibility in rural areas. The
DGSE has authority to investigate any case and temporarily detain
persons at the discretion of its director general; it usually did so
only in terrorism and national security cases.
The national police force is organized into districts. Each
district has a commissioner, who reports to the regional director at
national headquarters. The police force was moderately effective but
lacked resources and training.

Arrest Procedures and Treatment While in Detention.--Judicial
warrants are required for arrest. Bailiffs normally deliver warrants,
which stipulate when a person is scheduled to appear at a police
station. While persons were usually apprehended openly with warrants
based on sufficient evidence and issued by a duly authorized official,
there were occasions when warrants were not based on sufficient
evidence.
Detainees are brought before the judiciary and have the right to a
lawyer of their choice or a state-provided lawyer if they are indigent;
however, an insufficient number of lawyers--particularly outside the
cities of Bamako and Mopti--often prevented access to legal
representation. Detainees were granted prompt access to family members.
In cases involving a monetary debt, the arrested person frequently
resolved the case at the police precinct, and the police received a
portion of the recovered money.
The law provides that suspects must be charged or released within
48 hours and that they are entitled to counsel; however, in practice
detainees were not always charged within 48-hours. Suspects must be
transferred from a police station to a prison within 72 hours after
being arrested; however, in practice detainees were sometimes held
longer than 72 hours. Limited rights of bail and the granting of
conditional liberty exist, particularly for minor crimes and civil
matters. On occasion authorities released defendants on their own
recognizance.
The law stipulates charged prisoners must be tried within one year,
but this limit was frequently exceeded, and lengthy pretrial detention
was a problem. Lengthy trial procedures, large numbers of detainees,
judicial inefficiency, corruption, and staff shortages contributed to
lengthy pretrial detention. Individuals sometimes remained in prison
for several years before their cases came to trial. Many individuals
lacked the financial resources needed to make bail. Approximately 67
percent of the prison population consisted of persons awaiting trial.
For example, on September 28, of the 1,794 prisoners held at the
central prison of Bamako, a total of 1,218 were awaiting trial.
In September the judiciary extended its second ordinary session by
one month to reduce the case backlog and ease prison overcrowding. The
judiciary had approximately 240 cases on the docket for the session.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the executive branch continued
to exert influence over the judicial system. Corruption and limited
resources affected the fairness of trials. Domestic human rights groups
alleged bribery and influence peddling were widespread in the courts.
There were problems enforcing court orders.
Village chiefs and government-appointed justices of the peace
decided the majority of disputes in rural areas. Justices of the peace
had investigative, prosecutorial, and judicial functions. In practice
these systems did not provide the same rights as civil and criminal
courts.

Trial Procedures.--The constitution provides for the right to a
fair trial, and a mostly independent judiciary generally enforced this
right. Except in the case of minors, trials generally were public and
juries were used. Defendants have the right to be present and have an
attorney of their choice. Court-appointed attorneys are provided for
the indigent without charge. Defendants have the right to consult with
their attorney, but administrative backlogs and an insufficient number
of lawyers, particularly in rural areas, often prevented prompt access.
Many persons could not afford an attorney. Defendants and attorneys
have access to government evidence relevant to their cases. Defendants
are presumed innocent and have the right to confront witnesses, to
present witnesses and evidence on their behalf, and to appeal decisions
to the Supreme Court. These rights extend to all citizens and all
groups.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, although corruption in the
judicial branch was widespread and laws are biased against women. There
is no separate court system for lawsuits seeking damages for, or
cessation of, a human rights violation. There were reports that civil
court orders were sometimes difficult to enforce.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.

g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Northern Mali experienced periodic violence involving bandits,
smugglers, paramilitary forces, ethnic violence, and AQIM.
There were reports the paramilitary militia of Colonel Elhedji
Gamou committed abuses against civilians in Kidal Region. Allegations
concerned armed banditry, drug trafficking, arbitrary violence, and
reprisal attacks. On April 25, Intalla ag Attaher, the traditional
leader of Tuaregs in Kidal, wrote to President Amadou Toumani Toure and
threatened to exile himself if Gamou's militia was not withdrawn or
reined in. In response, a high-level delegation traveled to Kidal on
May 2 to speak with ag Attaher about the situation. Reports indicated a
moderate improvement in the militia's respect for civilians' rights in
Kidal since that time.
Sporadic violence between the Ganda-Izo militia, composed of ethnic
Peulh (nomadic) and Songhai (sedentary pastoralists), against
neighboring Tuareg (seminomadic) factions in the area of Ansongo (Gao
Region) continued. On August 2, the Government organized a ``Flame of
Peace'' disarmament ceremony in Fafa, a small village in the Ansongo
area. An estimated 400 militants from all three ethnic groups
participated in the disarmament, and 367 weapons were collected and
burned. Notwithstanding the new effort at peace, reports continued of
livestock theft and reprisal attacks between the communities.
No prosecutions were opened regarding the violent confrontations
between Peulh/Songhai and Tuaregs in June and July 2009.
During the year the terrorist organization AQIM killed persons and
took hostages.
On April 19, in Niger, bandits abducted French citizen Michel
Germaneau and later handed him over to AQIM. On July 25, AQIM claimed
it had executed Germaneau in reprisal for a French-supported
Mauritanian attack on AQIM camps in Mali on July 22, although
reportedly Germaneau may already have died by the time of the July 22
raid.
On September 17, elements believed to be part of AQIM abducted
seven employees--five French, one Togolese, and one Malagasy--of the
French firms Areva and Satom in Arlit, Niger, and transported them to
AQIM camps in northern Mali.
On February 23, AQIM released French citizen Pierre Camatte who was
taken hostage in Menaka in November 2009. The release occurred after
courts tried and sentenced to ``time served'' four AQIM operatives
authorities had taken into custody in April 2009.
There were developments in the case of three Spanish aid workers
kidnapped in Mauritania in November 2009 and held in northern Mali by
AQIM. On March 10, AQIM released Alicia Gamez. The remaining two
Spanish hostages, Albert Vilalta and Roque Pascual, were released on
August 22. According to media reports, the release was in exchange for
ransom payments as well as the release by Mauritanian authorities of
Malian AQIM member Omar Oul Sid Ahmed Ould Mama, also known as Omar the
Sahroui.
On April 16, AQIM released two Italian citizens, Sergio Cicala and
his wife Philomene Kaboure, who had been held hostage in Mali since
their kidnapping in December 2009 in Mauritania.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press. While the Government generally
respected these rights in practice, there was a report of a journalist
arrested.
The independent media were active and expressed a wide variety of
views.
On November 12, Diakaridia Yossi, a journalist for the daily
newspaper L'Independant, was taken into custody while covering the
police dispersal of a demonstration in front of the Court of Appeals
protesting the detention of Mossa Ag Acharatmane and Aboubacrine Ag
Fadil. Yossi was apparently mistaken for one of the protestors and
allegedly suffered several blows from police batons. According to press
reports, Yossi was released from custody, and the director of the
National Police, Niame Keita, in a meeting with journalist
associations, expressed regret for the incident and provided 25,000 CFA
francs ($50) to offset Yossi's medical expenses.
In December 2009 Noumouke Sidibe, a journalist for Radio Kayira, a
network of stations critical of the Government, was arrested in Kita
and charged with inciting the July 2009 Kita riots through his radio
broadcasts. Sidibe, who had been highly critical of local authorities
in his reporting, was released on January 6 after an investigative
judge determined he had not been on the air the day he was alleged to
have been inciting riots.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, at times the Government did not respect this right in
practice.
On March 9, police allegedly used excessive force and tear gas to
disperse a protest march organized by an association representing
persons dispossessed by land seizures. Local authorities attempted to
ban the demonstration on March 8, but this was not effectively
communicated to those involved in the demonstration. When police forces
attempted to disperse the protestors, a confrontation ensued, in which
six individuals were injured. Police arrested four demonstrators, who
were later released.
There were no developments in the February 2009 incident of police
using excessive force to disperse protesters in the Bamako neighborhood
of Banconi Salembougou.

Freedom of Association.--The constitution provides for freedom of
association, although the law prohibits associations deemed immoral.
The Government generally respected freedom of association during the
year.

c. Freedom of Religion.--For a description of religious freedom,
please see the Department of State's 2010 International Religious
Freedom Report at www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. Police routinely stopped and checked both citizens and
foreigners to restrict the movement of contraband and to verify vehicle
registrations.
The Government cooperated with the UN High Commissioner for
Refugees (UNHCR) and other humanitarian organizations in providing
protection and assistance to internally displaced persons, refugees,
asylum seekers, and other persons of concern.
The constitution and law specifically prohibit forced exile; the
Government did not use it.

Internally Displaced Persons (IDPs).--The Government provided some
assistance to IDPs, allowed the International Committee of the Red
Cross (ICRC) access to IDPs, and permitted IDPs to accept assistance
provided by humanitarian organizations. The distances involved,
difficult terrain, and land mine concerns hampered assistance efforts.
The Government did not attack or target IDPs or forcibly return or
resettle them. Most persons internally displaced by the Tuareg
rebellion in 2008-09 had returned home by the end of 2010, although few
reported receiving any assistance from authorities.

Elections and Political Participation.--In 2007 voters elected
President Amadou Toumani Toure to a second five-year term with 71
percent of the vote. Legislative elections were also held in 2007.
Domestic and international observers characterized these elections as
generally free, fair, and without evident fraud, but there were
administrative irregularities.
There were developments with respect to alleged irregularities and
fraud during the 2009 communal elections. An administrative tribunal
annulled the results in several communes, including Yelimane, Tessalit,
Bourem, and Bamako's Commune IV. The Government appointed special
delegations to govern the affected communes pending new elections.
Political parties generally operated without restrictions or
outside interference.
There were 15 women in the 147-member National Assembly. There were
six women in the 29-seat cabinet, five women--including the
chairperson--on the 33-member Supreme Court, and three women on the
nine-member Constitutional Court.
The National Assembly had 15 members from historically marginalized
pastoralist and nomadic ethnic minorities representing the eastern and
northern regions of Gao, Timbuktu, and Kidal. The cabinet also had two
members from these minorities.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
officials frequently engaged in corrupt practices with impunity.
Officials regularly extorted money. Corruption in the judiciary was
widespread. Impunity was a problem, and police were often not held
accountable for corruption. The gendarmerie conducted investigations of
police officers, although the number of officers disciplined for
infractions was not available. Police and gendarmes frequently extorted
bribes. There were reports of uniformed police directing stopped
motorists to drive to dark and isolated locations, where the officers
then forcibly robbed the victims.
The constitution requires the prime minister and other cabinet
members to annually submit a financial statement and written
declaration of their earnings to the Supreme Court. These documents
were not made public.
The Malian Anticorruption Agency (CASCA) and the independent Office
of the Auditor General (OAG) are responsible for combating corruption.
CASCA oversees a number of smaller anticorruption units within various
government ministries and reports directly to the presidency.
The OAG's report for 2009 (released in 2010) estimated that 112
billion CFA francs ($226 million) in revenue had been lost due to fraud
and mismanagement, including lost revenue in agricultural and health
programs.
During the year the OAG examined 10 entities that were discussed in
its 2007 report. The examination found these entities had implemented
61 percent of the auditor general's fraud prevention and financial
management recommendations. In addition there was one criminal
prosecution based on corruption found in a previous year's report. On
January 11, six men who had worked in the Government's Office du Niger
were tried in Bamako's Court of Appeals for embezzling fees paid by
farmers for irrigation water provided by the state. The court acquitted
two of the men, sentenced two to time served, and sentenced the
remaining two to five-year terms of imprisonment.
The law provides for public access to government information, and
the Government generally granted such access for citizens and
noncitizens, including foreign media. The national budget was available
to the public upon request. If an information request is refused, the
person who submitted the request can appeal to an administrative court,
which must address the appeal within three months.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were generally cooperative and responsive to their views.
The National Commission on Human Rights (CNDH) is part of the
Ministry of Justice. The CNDH is an independent institution under the
constitution, and was significantly restructured in November 2009.
During the year the Government provided the commission with a
headquarters, small staff, and budget increase. The commission began
work on two human rights reports, including one specifically devoted to
prison conditions.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on social
origin and status, color, language, gender, or race, but not
disability. In spite of relevant legislation, citizens were generally
reluctant to file complaints or press charges of discrimination, based
largely on cultural factors. Absent complaints or lawsuits, the
Government did not aggressively pursue violations of these laws.

Women.--The law criminalizes rape and provides a penalty of five to
20 years' imprisonment; however, the Government did not enforce the law
effectively. Only a small percentage of rape cases were prosecuted,
since most such cases were not reported, and victims felt social
pressure not to pursue charges against aggressors who were frequently
close relations. There is no law specifically prohibiting spousal rape,
but law enforcement officials stated the criminal laws against rape
apply to spousal rape. Police and judicial authorities were willing to
pursue rape cases, but stopped if parties reached an agreement prior to
trial. The Bamako Court of Appeals had 48 cases of rape on its docket
for the two ordinary sessions of the year; however, information on the
number of convictions was not available.
Domestic violence against women, including spousal abuse, was a
problem. Most cases went unreported. Spousal abuse is a crime, but the
law does not specifically prohibit domestic violence. Police were
reluctant to enforce laws against or intervene in cases of domestic
violence. Many women were reluctant to file complaints against their
husbands because they feared such allegations would be interpreted as
grounds for divorce, were unable to support themselves financially, or
sought to avoid social stigma. The Government's planning and statistics
unit, established to track prosecutions, was not operational. Assault
is punishable by prison terms of one to five years and fines of up to
500,000 CFA francs ($1,011) or, if premeditated, up to 10 years'
imprisonment.
The Ministry for the Promotion of Women, Children, and the Family
distributed a guide regarding violence against women for use by health-
care providers, police, lawyers, and judges.
The NGOs Action for the Defense and Promotion of Women Rights,
Action for the Promotion of Household Maids, and the Association for
Development and Youth operated six shelters, five in Bamako and one in
Segou, for abused female domestic laborers.
The law does not prohibit sexual harassment, and it occurred
frequently, including in educational establishments.
Women's ability to make decisions regarding reproduction was
limited. Women faced pressure to defer responsibility to their husbands
and family on reproductive issues including the number, spacing, and
timing of their children and often lacked sufficient information. Women
often did not have access to contraception and skilled attendance
during childbirth, including essential obstetric and postpartum care.
According to the UN Population Fund (UNFPA), the contraceptive
prevalence rate was 8 percent, with unmet need for family planning
estimated at 29 percent. Reportedly, 49 percent of births were attended
by skilled health personnel. Women were equally diagnosed and treated
for sexually transmitted infections, including HIV, but access to
health care for both men and women was limited. According to UNFPA
estimates, in 2008 the maternal mortality ratio was 830 deaths per
100,000 live births, and a woman's lifetime risk of maternal death was
one in 22.
Family law and traditional practices favor men. Women are legally
obligated to obey their husbands and are particularly vulnerable in
cases of divorce, child custody, and inheritance. Women had very
limited access to legal services due to their lack of education and
information as well as the prohibitive cost.
While the law provides for equal property rights, traditional
practices and ignorance of the law prevented women from taking full
advantage of their rights. A community property marriage must be
specified in the marriage contract. In addition if the type of marriage
was not specified on the marriage certificate, judges presumed the
marriage was polygynous. Traditional practice discriminated against
women in inheritance matters, and men inherited most of the family
wealth.
Women's access to employment and to economic and educational
opportunities was limited. According to the National Center for
Information on Women and Children, women constituted approximately 15.5
percent of the formal labor force. The Government, the country's major
formal sector employer, paid women the same as men for similar work.
The Ministry for the Promotion of Women, Children, and the Family was
charged with ensuring the legal rights of women. Women experienced
economic discrimination due to social norms that favor men.

Children.--Citizenship is derived from one's father. The Government
did not register all births immediately, particularly in rural areas.
However, during the year, the Government conducted an administrative
census to collect biometric data and assign a unique identifying number
to every citizen. The process allowed the registration of children who
had not been registered at birth, although the exact number of new
birth certificates assigned is unknown. Several local NGOs, including
Ladilikan and the Malian Association for the Promotion of the Sahel,
worked with foreign partners during the year to register children at
birth and to educate parents about the benefits of registration.
The constitution provides for tuition-free universal education, and
the law provides for compulsory schooling from ages seven to 16;
however, many children did not attend school, and parents often had to
pay for their children's education as well as provide their uniform and
supplies. Girls' enrollment in school was lower than boys' at all
levels due to poverty, cultural tendencies to emphasize boys'
education, and the early marriage of girls. According to government
statistics, 56.3 percent of girls ages six to 12 and 70.4 percent of
boys ages six to 12 were enrolled in primary schools in 2009. Other
factors affecting school enrollment included distance to the nearest
school, lack of transportation, and shortages of teachers and
instructional materials.
Members of the black Tamasheq community reported that some Tamasheq
children were denied educational opportunities due to slavery-like
practices.
Qur'anic masters often require students under age 10, known as
``garibouts,'' to beg for money on the streets or work as laborers in
agricultural settings (see section 7.d.).
There were no comprehensive statistics on child abuse. Most child
abuse cases went unreported. Sexual exploitation of children occurred.
The police and the social services department under the Ministry of
Social Development, Solidarity, and the Elderly investigated and
intervened in some reported cases of child abuse or neglect; however,
the Government provided few services for such children. The Court of
Appeals of Bamako heard 35 pedophilia cases during its second ordinary
session of the year; NGOs reported pedophilia cases were more likely to
go to trial than rape cases because charges could be pressed by the
child's guardian rather than the victim, and the anonymity of the child
could be preserved, reducing the social stigma.
Female genital mutilation (FGM) was very common, particularly in
rural areas, and was performed on girls between the ages of six months
and six years. Approximately 92 percent of all girls and women had been
subjected to FGM, although a Ministry of Health demographic study in
2006 reported that among girls and women ages 15 to 19, the rate was 85
percent. The practice was widespread in most regions with the exception
of certain northern areas, occurred among most ethnic groups, was not
subject to class boundaries, and was not religiously based. There are
no laws specifically prohibiting FGM; however, a government decree
prohibits FGM in government-funded health centers. Government
information campaigns regarding FGM reached citizens throughout the
country, and human rights organizations reported that FGM decreased
among children of educated parents. There were reports of Burkinabe
families crossing into Mali to evade stricter FGM laws in Burkina Faso.
The marriage code allows girls under the age of 15 to marry if they
have parental consent and special permission from a judge. The minimum
age for girls to marry without such consent is 15. Underage marriage
was a problem throughout the country, with parents in some cases
arranging marriages for girls as young as nine. According to local
human rights organizations, judicial officials frequently accepted
false documents claiming that girls under the age of 15 were old enough
to marry.
There were no developments in the case of Amadou Diallo, arrested
in August 2009 for planning to marry his 12-year-old daughter to her
50-year-old cousin.
The law does not specifically address child prostitution.
Authorities cited child pornography as a form of indecent assault
prohibited under the criminal code. Penalties for indecent assault
range from five to 20 years in prison. The country has a statutory rape
law that defines 18 as the minimum age for consensual sex. The law is
inconsistent with the legal minimum marriage age of 15 and was not
enforced.
The National Police's Division for Protection of Children and
Morals sometimes arrested child prostitutes. They were usually released
a few hours after their arrest.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international child abduction, please see the Department of State's
annual report on compliance at http://travel.state.gov/abduction/
resources/congressreport/congressreport--4308.html.

Anti-Semitism.--The Jewish population was estimated at fewer than
50, and there were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--There is no specific law protecting the
rights of persons with physical, sensory, intellectual, or mental
disabilities in employment, education, access to health care, or in the
provision of other state services. There is no law mandating
accessibility to public buildings. The Ministry of Social Development,
Solidarity, and the Elderly is charged with the protection of the
rights of persons with disabilities. The ministry sponsored activities
to promote opportunities for persons with disabilities to generate
income and also worked with NGOs, such as the Malian Federation of
Associations for Handicapped Persons, which provided basic services.
There was a school for the deaf in Bamako that ostensibly falls under
government responsibility, but support and resources were practically
nonexistent.

National/Racial/Ethnic Minorities.--Societal discrimination against
``black'' Tamasheqs, often referred to by the label Bellah, continued.
Some black Tamasheqs were deprived of civil liberties by other ethnic
groups due to traditional slavery-like practices and hereditary
servitude relationships between certain ethnic groups. Black Tamasheq
communities in Gao and Menaka also reported systematic discrimination
by local officials and others that hindered their ability to obtain
identity documents or voter registration cards, locate adequate
housing, protect their animals from theft, seek legal protections,
obtain education, or access development aid.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There were no publicly visible
lesbian, gay, bisexual, and transgender (LGBT) organizations in the
country. The free association of LGBT organizations was impeded by a
law prohibiting association ``for an immoral purpose''; in 2005 the
then governor of the District of Bamako cited this law to refuse
official recognition to a gay rights association. Although there was no
official discrimination on the basis of sexual orientation, in
practice, societal discrimination was widespread.

Other Societal Violence or Discrimination.--Societal discrimination
against persons with HIV/AIDS occurred. The Government implemented
campaigns to increase awareness of HIV/AIDS and reduce discrimination
against those with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law allows workers to form or
join independent unions of their choice without previous authorization
or excessive requirements, and workers exercised these rights. Only the
military, the gendarmerie, and the National Guard were prohibited from
forming unions. An estimated 95 percent of salaried employees were
organized, including teachers, magistrates, health workers, and senior
civil servants.
The law allows unions to conduct their activities without
interference, and the Government respected this right in practice.
Unions have the right to strike, and workers exercised this right.
However, the law allows the minister of labor to order arbitration for
disputes that may endanger lives, security or health, normal
functioning of the economy, or involves a vital professional sector.
Civil servants and workers in state-owned enterprises are required to
give two weeks' notice of a planned strike and to enter into mediation
and negotiations with the employer and a third party, usually the
Ministry of Labor and State Reforms. The labor code prohibits
retribution against strikers, and the Government generally enforced
these laws effectively.

b. The Right to Organize and Bargain Collectively.--The law
provides for the right to collective bargaining, and workers exercised
this right freely. The law does not prohibit antiunion discrimination,
but there were no reports of antiunion behavior or activities during
the year.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, such
practices occurred.
Most adult forced labor was found in the agricultural sector,
especially rice production, domestic services, gold mining, and the
informal economy. Forced child labor was seen in the same sectors, but
sometimes with different tasks. In informal surface mining, for
example, children were used for work in small holes where adults do not
fit. Some Qur'anic school masters also require children to work longer
hours than is socially acceptable.
The law prohibits the contractual use of persons without their
consent; penalties include a fine and hard labor. Penalties increase to
20 years' imprisonment if a person under age 15 is involved.
Many black Tamasheqs continued to be subjected to forced labor
practices and hereditary servitude relationships, particularly in the
eastern and northern regions of Gao, Timbuktu, and Kidal. According to
NGOs, the judiciary was reluctant to act in forced labor cases.
In January a black Tamasheq woman named Timizwaq fled to Menaka and
filed a legal complaint alleging she had been held as a hereditary
slave and subjected to forced labor for 15 years in Inbougaretane by
Hama Hama ag Adim. With the assistance of a local NGO, she obtained an
out-of-court settlement whereunder ag Adim agreed to return her two
children that were under his control and provide her with 20 lambs. At
year's end ag Adim had returned the two children but had not provided
any of the livestock.
There were developments in the cases of Nalewat, a black Tamasheq
woman in Bambara-Maounde who was held as a hereditary slave and
subjected to forced labor for 14 years, and Aboubakrine ag Kamotane,
who filed a legal forced labor-related complaint against a man named
Afna in Timbuktu. At year's end the man who had subjected Nalewat to
forced labor had only paid half of the one million CFA francs ($2,022)
out-of-court settlement agreed to in 2009 and was refusing to complete
the agreement. Aboubakrine ag Kamotane withdrew his legal complaint
under pressure from local authorities and the gendarmerie, who had been
solicited by Afna, the defendant.
There were no developments in the 2008 forced labor-related
lawsuits filed by Agiachatou walet Touka against Sagoudene ag Adime,
Iddar ag Ogazide against Erzaghi ag Bayes, and Tatche walet Ekadaye
against Ahmed Iknane ag Bakka.
Debt bondage occurred in the salt mines of Taoudenni, in the North.
Individuals, primarily of Songhai ethnicity, including some children,
worked as salt miners to pay off debts owed to businessmen in Timbuktu.
Please also see the Department of State's annual Trafficking in
Persons Report at www.state.gov/g/tip

d. Prohibition of Child Labor and Minimum Age for Employment.--The
labor code has provisions that pertain to child labor; however, these
were often ignored in practice. Child labor was a problem. Child labor
was concentrated in the agricultural sector, especially rice
production, domestic services, gold mining, Qur'anic schools, and the
informal economy.
While the labor code sets the minimum age for employment at 14,
with certain exceptions, an ordinance pertaining to children sets the
minimum employment age at 15. The labor code permits children between
the ages of 12 and 14 to engage in domestic or light seasonal work, and
limits the number of hours they may work. No child is permitted to be
employed for more than eight hours per day under any circumstances.
Girls who are 16 to 18 cannot be employed for more than six hours per
day. However, these regulations were not enforced in practice.
Approximately half of children between the ages of seven and 14
were economically active, and more than 40 percent of children in this
age group were subjected to the worst forms of child labor. Child
trafficking occurred. Children, especially girls, were used for forced
domestic labor. Child labor in the mining sector, including salt mining
in Taoudenni and gold mining, was also a problem. Black Tamasheq
children were forced to work as domestic and agricultural laborers.
An unknown number of primary school-aged children throughout the
country, mostly under age 10, attended part-time Qur'anic schools that
were funded by students and their parents and taught only the Qur'an.
As part of their work requirement, Qur'anic masters often required
students, known as ``garibouts,'' to beg for money on the streets or
work as laborers in agricultural settings.
Authorities enforced labor code provisions, including those related
to child labor, through inspectors from the Ministry of Labor and State
Reforms, which conducted surprise inspections and complaint-based
inspections; however, resource limitations restricted the frequency and
effectiveness of oversight by the Labor Inspection Service, which
operated only in the formal sector. The Ministry of Labor and State
Reforms employed approximately 50 labor inspectors, up from eight in
2007.
A 43-member national committee for child labor and trafficking
issues worked to develop a list of the worst forms of child labor. The
committee was composed of 13 ministries as well as NGOs, and was
chaired by the Ministry of Labor and State Reforms. In February 2009
the Government finalized a list of hazardous occupations in which
children are prohibited from working. In addition the Government
finished elaborating a National Action Plan to combat child labor,
although it has not yet been adopted by the Council of Ministers. The
Government regularly acts in a supporting role for donor projects
dealing with child labor.

e. Acceptable Conditions of Work.--The national minimum wage was
28,465 CFA francs ($58) per month, which did not provide a decent
standard of living for a worker and family. The minimum wage was
supplemented by a required package of benefits, including social
security and health care. Persons working in the informal and
subsistence sectors did not receive the minimum wage. The labor code
specifies conditions of employment, including hours, wages, and social
security; however, many employers either ignored or did not comply
completely with the regulations. The Ministry of Labor is also
responsible for enforcing the minimum wage, but it did not do so
effectively.
The legal workweek is 40 hours, except for work in the agricultural
sector. The legal workweek for agricultural employees ranges from 42 to
48 hours, depending on the season. The law requires a weekly 24-hour
rest period. Workers have to be paid overtime for additional hours. The
law limits overtime to eight hours per week. Labor inspectors usually
visited work sites only after complaints were filed by labor unions.
Legal standards pertaining to hours of work were not always enforced.
The law provides a broad range of legal protections against hazards
in the workplace; however, authorities did not effectively enforce
these standards. Workers' groups brought pressure on employers to
respect sections of the regulations. With high unemployment, however,
workers often were reluctant to report violations of occupational
safety regulations. The Labor Inspection Service oversees these
standards but limited enforcement to the formal sector. It was not
effective in investigating and enforcing workers' safety and was
insufficiently funded for its responsibilities. Workers had the right
to remove themselves from dangerous work situations and to request an
investigation by the Social Security Department, which is responsible
for recommending remedial action where deemed necessary; it was not
known if any worker had done so.

__________

MAURITANIA

Mauritania, with an estimated population of 3.2 million, is a
highly centralized Islamic republic governed by President Mohamed Ould
Abdel Aziz, whose election in July 2009 ended the 11-month political
crisis caused by the 2008 coup d'etat against former president Sidi
Ould Cheikh Abdallahi. The presidential election, declared generally
free and fair by international observers, followed the June 2009 Dakar
Accord, a consensual agreement brokered by Senegalese President Wade
and the international community to end the country's political
stalemate. Following the election, the political situation stabilized,
although the new authorities have been slow to respond to opposition
calls for an inclusive political dialogue agreed under the Dakar
Accord. The majority party Union for the Republic (UPR) overwhelmingly
won the November 2009 senatorial elections, which the opposition
denounced as tainted by political influence and tribal pressures.
Security forces reported to civilian authorities.
Human rights abuses included mistreatment of detainees and
prisoners; security force impunity; lengthy pretrial detention; harsh
prison conditions; arbitrary arrests; limits on freedom of the press
and assembly; corruption; discrimination against women; female genital
mutilation (FGM); child marriage; political marginalization of
southern-based ethnic groups; racial and ethnic discrimination; slavery
and slavery-related practices; and child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit torture; however,
security forces allegedly tortured detainees to extract confessions.
Torture methods reportedly included electric shocks, burnings,
beatings, pulling out of hair, and sexual violence. However, according
to the Mauritanian Human Rights Association, there were no documented
cases of torture this year.
There was no government response to the April 2009 alleged torture
of and denial of medical treatment for suspected terrorist Cheikhani
Ould Sidina. The allegation was made by a spokesman for the families of
imprisoned Islamists following Sidina's death in prison.
There was no government response to the August 2009 alleged torture
of Mohamed Ould Zeidane after he was arrested and detained for
questioning related to his brothers suicide bomb attack near the French
embassy.
There were no reports that the Government investigated the
September 2009 case in which Nouakchott Prison guards tortured
convicted terrorist suspect Khadim Ould Semane. Al Jazeera Television
had broadcast images of guards beating and water boarding Semane and
aired a telephone interview with Semane in which he stated that he was
subjected to electric shocks and degrading treatment.
There were no reports that authorities investigated the 2008 case
in which police tortured suspected terrorists Abdel Kerim Ben Veraz El
Baraoui, Ahmed El Moctar Ould Semane, and Cheikh Ould Salem. The
suspects' lawyers had claimed that police tortured their clients by
hanging them by their feet and using cigarettes to burn their bodies.
There were no further developments in the 2008 reported torture of
39 terrorist suspects involved in the 2007 killings of four French
citizens and the 2008 attack on the Israeli embassy.

Prison and Detention Center Conditions.--Prison conditions were
harsh, and the Government's capacity to administer detention facilities
remained poor. There were credible reports of torture, beatings, and
abuse in police detention centers, several prisons throughout the
country, and gendarmerie and military facilities.
Funds to improve prison conditions remained inadequate. The
situation of overcrowding, violence among inmates, and poor medical
care in prisons remained the same. Many prisoners were unable to leave
their extremely crowded cells or breathe fresh air for months or years
at a time.
Serious overcrowding contributed to the spread of diseases,
prisoners with health conditions received little or no care, and
medical supplies remained insufficient. For example, the Dar Naim
Prison held approximately 1,200 prisoners, although it was designed to
hold 300. Reports of malnutrition, poor health, and deficient hygiene
conditions at the Dar Naim Prison continued. There were reports of four
deaths due to illness and unsanitary conditions at the prison. There
was no reported investigation of the deaths by year's end.
Nongovernmental organizations (NGOs) such as the Association of
Female Heads of Family (AFCF) continued to denounce overcrowding and
long preventive detentions. Prison overcrowding was exacerbated by the
high number of pretrial detainees.
During the year the Government began construction in Nouadhibou of
a new prison with capacity for 300 prisoners. The prison was not
completed by year end.
Pretrial detainees were frequently held with convicted and
dangerous prisoners. Pretrial terrorist suspects were held in separate
areas from the general prison population in Nouakchott Central Prison.
Due to poor security conditions and the fact that dangerous
prisoners shared cells with nondangerous ones, prisoners also lived in
a climate of violence, and some had to pay bribes to other prisoners to
avoid being brutalized and harassed.
According to Ministry of Justice statistics, there was a total of
1,700 prisoners with 955 serving sentences and 700 in preventive
detention. There were 62 female prisoners with 13 serving sentences and
49 in preventive detention.
As in the previous year, there were reports on the poor prison
conditions of terrorist suspects. On April 5, Salafist prisoners issued
a press release stating they were giving up family visits for one day
to protest prison conditions and they also threatened to start a hunger
strike if their right to a speedy trial was not respected. The hunger
strike did not occur during the year.
According to media sources, prisoner Mohamed Ould Elhoudrami was
transferred from Dar Enaim prison to a hospital after commencing a
hunger strike on November 8. However, the Web site Tawary reported he
was transferred to the hospital because he was in critical condition
with cancer and needed daily treatment. Elhoudrami was arrested on
October 7 after being accused of fraud by President Aziz, who described
him as dangerous in a televised interview with the media.
In August 2009 local press reported that Amar Ould Saleh, a
terrorist suspect, was dying from tuberculosis and was not receiving
medical treatment or medication. Ould Saleh was tried and sentenced to
10 years in prison on October 22; subsequently, he received continuing
treatment at the prison health unit.
The Mauritanian Bar Association's (ONA) August 2009 report
criticized ``the nonrespect of human lives in prisons'' and highlighted
the April 2009 death of terrorist suspect Chikhani Ould Sidina,
reportedly due to negligence and denial of medical treatment. The
report also highlighted the August 2009 death, under mysterious
circumstances, of Dar Naim Prison inmate Sidi Ould Samba. There was no
government response to the report's findings or investigations of these
deaths by year's end.
The Government responded to the August 2009 denunciation of poor
prison conditions and long detention periods for Salafist prisoners by
terrorist suspect Taher Ould Biye, imprisoned in Nouakchott Central
Prison, by conducting terrorism trials in May. These trials led to the
conviction of 56 Salafist terrorist suspects, including Taher Ould Biye
who received an eight-year prison sentence.
In September 2009 families of Salafist detainees protested poor
detention conditions in front of the Nouakchott Central Prison. The
wife of detainee El Mami Ould Othman stated he was in declining health
with deficient medical attention. El Mami Ould Othman was tried and
received a sentence of five years on October 22, then received a
presidential pardon on November 16.
Women and minors under 18 years of age were held in two separate
facilities. Sexual violence reportedly occurred in the women's prison,
which employed both male and female guards. Children of female
prisoners remained with their mothers, or the Ministry of Justice gave
temporary custody of the children to another family member.
International NGOs, such as the Noura Foundation, Caritas, and Terre
des Hommes provided educational and economic opportunities for current
and former juvenile and female detainees.
The Government permitted prison visits by NGOs, diplomats, and
international human rights observers. The International Committee of
the Red Cross (ICRC) had access to prisons and conducted multiple
prison visits in accordance with its standard modalities, including
visits to terrorism suspects, and distributed hygiene items and books.
The Center for the Reeducation of Minors in Conflict with the Law,
whose goal is to provide a space for the social reintegration of
children and youth, held a total of 29 children during the year.
In response to widespread criticism and as a follow up to 2009
visits by the fourth district judge and the Ministry of Justice's
inspector general, Minister of Justice Abidine Ould El Kheir visited
all prisons in April and May and met with inmates to discuss their
grievances. On April 21, the Ministry of Justice issued a statement on
its commitment to improving prison conditions, particularly nutrition
and health, as well as assuring speedy trials. The statement included
the following measures: hiring of 18 health care professionals,
including a dermatologist, a dentist, and a psychiatrist; signing of an
agreement with a pharmaceutical distributor to provide medicine to
prisoners; and hiring of a company to clean septic tanks. During the
year the Ministry of Justice and the Commission for Human Rights,
Humanitarian Action, and Relations with Civil Society provided a
medical unit and ambulance, hired an agency responsible for sanitation,
and improved the quantity and the quality of food. The Ministry of
Justice also stated that new food stocks were acquired for prisoners
and would be renewed quarterly.
During the year the total number of detainees was reduced through
conditional release and parole.
In September 2009 the fourth district judge visited the Dar Naim
Prison to study the situation of incarcerated minors. No statements or
reports on the visit were issued during the year. Also in September
2009, the Ministry of Justice's inspector general and the prison
director visited the Central Prison and heard demands from Salafist
detainees in response to continuing protests by their families. The
Government made no statements or efforts to improve the detention
conditions during the year.
As in the previous year, the Commission of Human Rights,
Humanitarian Action, and Relations with Civil Society distributed food,
hygiene kits, and recreational items to detention centers in Nouadhibou
and Nouakchott.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, but the authorities did not
observe these prohibitions.
There were cases of arbitrary arrest and detention of journalists
(see section 2.a.). Under the previous military junta known as the High
State Council (HSC), the military arrested a number of political
figures and journalists without charge or hearings. These individuals
were released by the end of the year with the exception of Ahmed Ould
Khattri, former director of the Agency for the Promotion of Popular
Savings and Credit Accounts.
In response to the 2009 Mauritanian National Bar Association (ONA)
reports which highlighted multiple cases of arbitrary detentions and
individuals kept in prison without being charged, tried, or released
despite court orders for their release, three teams of inspectors from
the Ministry of Justice clarified the status of the detainees and
brought their cases to trial during the year. ONA stated that the
Government also formally responded to its report during the year.
The Al Qaeda in the Lands of the Islamic Maghreb (AQIM) members
responsible for the 2007 Aleg murders of French tourists were tried and
sentenced to death in May.
Police reportedly held suspects involved in the February 2008
attack against the Israeli Embassy in incommunicado military detention
for a period of time. These individuals had not been tried by year's
end.
The children's penal code states that a minor's preventive
detention cannot exceed six months. However, the ONA also reported a
high number of individuals, including minors, who remained in
preventive detention for extended periods of time due to judicial
ineptitude.

Role of the Police and Security Apparatus.--The National Police,
under the Ministry of the Interior, is responsible for law enforcement
and maintaining order in urban areas. The National Guard, also under
the Ministry of Interior, performs limited police functions in keeping
with their peacetime role as security support at government facilities.
The National Guard may also be called on by regional authorities to
restore civil order during large-scale disturbances such as rioting.
The gendarmerie, a specialized paramilitary group under the Ministry of
Defense, is responsible for maintaining civil order in and outside
metropolitan areas, as well as providing law enforcement services in
rural areas.
The police were poorly paid, trained, and ill-equipped. Corruption
and impunity were serious problems. Police regularly demanded bribes at
nightly roadblocks in Nouakchott and at checkpoints between cities.
While having a notable effect in increasing security, there were
numerous reports of police arbitrarily detaining individuals for a few
hours or overnight at roadblocks in Nouakchott or other towns.
According to these reports, police detained motorists or passengers
without asking for identity papers, vehicle registration, or without
searching the vehicles. Police in some regions arrested former
criminals and demanded bribes for their release, and some indicted
detainees were released before trial without explanation. The
Government rarely held security officials accountable or prosecuted
them for abuses.

Arrest Procedures and Treatment While in Detention.--The
application of constitutional safeguards continued to vary widely from
case to case. The law requires duly authorized arrest warrants, but
they were not commonly used. The law requires that courts review the
legality of a person's detention within 48 hours of arrest; however,
the police can extend the period for an additional 48 hours, and a
prosecutor or court can detain persons for up to 15 days in national
security cases. Authorities generally respected the two-week detention
period for terrorism suspects to be formally arraigned or released in
national security cases. Only after the prosecutor submits charges does
a suspect have the right to contact an attorney. By law attorneys for
the indigent are provided at state expense, but in practice this did
not occur. Lawyers highlighted the lengthy incarceration of detainees
and delays in organizing court hearings. There was a bail system, but
sometimes judges refused lawyers' requests for bail or set inordinately
high bail amounts.
Preventive detention continued to be a problem. According to a
November 2009 ONA report, 60 percent of detainees in the Dar Naim
Prison were held in preventive detention under judicial order to
prevent them from fleeing from prosecution or committing crimes. The
ONA reported that most preventive detentions were in violation of the
penal code since individual cases have never been tried. The Dar Naim
Prison director regularly informed court authorities of the number of
prisoners in preventive detention, but judicial actions were rarely
taken. The ONA's August 2009 report stated that some detainees had been
in preventive detention since 2002 and highlighted six detainees in
preventive detention since 2006, two since 2007, and eight since 2008.
Some were detained for minor offenses such as stealing cell phones or
complicity in theft. According to the Ministry of Justice, all these
cases were sent to trial following the report produced by ministry
inspection teams. The ONA also reported that the Government did respond
to their report.
On July 18, police arrested Arabic daily Al Hayat journalist
Mohamed Ould Abdel Latif when he was interviewing merchants for an
article. Latif remained in custody for two weeks without charges and
was released without explanation.

Amnesty.--On September 9 and November 16, President Aziz pardoned a
total of 52 prisoners who were accused of collusion with AQIM.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, it was not independent in
practice. The executive branch continued to exercise significant
influence over the judiciary through its ability to appoint and
pressure judges. In addition poorly educated and trained judges were
susceptible to social, financial, and tribal pressures, which limited
judicial fairness. International donors funded training for prosecutors
and judges during the year to increase judicial efficiency. The ONA
released reports in February and March criticizing the lack of
independent judges and the court system. On September 8, the Government
announced an overhaul of judges and the justice system; however, this
initiative was not implemented by year's end.

Trial Procedures.--The law provides for due process. Defendants
enjoy a presumption of innocence. They have a right to a public trial,
but juries are not used. Defendants have the right to consult with an
attorney and to be present during their trial. However, the ONA's
February report stated that lawyers had been denied access to their
clients. By law, all defendants, regardless of the court or their
ability to pay, have the legal right to representation by counsel
during proceedings. If defendants lack the ability to pay for counsel,
the court should appoint an attorney from a list prepared by ONA, which
provides a defense free of charge. However, this measure was rarely
enforced during the year. Defendants have the right to appeal.
Defendants can confront or question witnesses and present witnesses and
evidence in both civil and criminal cases. In theory defendants have
access to government-held evidence, but access was difficult in
practice. These rights were also extended to minorities. The foregoing
rights generally were observed in practice, but did not extend equally
to women.
Sharia provides the legal principles upon which the law and legal
procedure are based; the courts did not treat women equally in all
cases. Lawyers also reported that, in some cases, the unequal treatment
of women was based on considerations such as a woman's caste or
nationality.
A special court hears cases involving minors under the age of 18.
Children who appeared before the court received more lenient sentences
than adults, and extenuating circumstances received greater
consideration in juvenile cases. The minimum age for children to be
tried is 12 years old. Those between the ages of 12 and 18 are tried
and, if convicted, sentenced to detention centers for minors.
During the year there was no government response to the ONA's 2009
findings that denounced violations of the legal code and procedural
rules for political purposes, particularly in high-profile cases.
There were no developments in the case of Ahmed Ould Khattri,
former director of the Agency for the Promotion of Popular Savings and
Credit Accounts, who was arrested in January 2009 for alleged
mismanagement before the Mauritanian Central bank launched an
investigation and before a judge reviewed the case. Ould Khattri was
not charged or tried by year's end.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--The Administrative Court
has the jurisdiction to hear complaints of human rights violations. NGO
representatives stated they collaborated with the court, but the court
was not impartial in practice. There are administrative and judiciary
remedies through the social chamber of the Court of Appeals and through
the Supreme Court.

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice. Individuals could criticize the
Government publicly or privately, and independent media were active and
generally expressed a wide variety of views with limited restrictions.
There were no reports of police questioning and detaining journalists
during the year. However, some journalists practiced self-censorship in
covering areas deemed sensitive, including the military, corruption,
and Sharia, and there were reports of intimidation of journalists who
covered sensitive issues. Government media--including TV Mauritania,
Radio Mauritania, and daily newspapers Horizons (in French) and Chaab
(in Arabic)-- mostly focused on official news, but provided limited
coverage of opposition activities and views through the year. TV
Mauritania occasionally broadcast programs covering some opposition
activities.
On February 25, Ahmed Ould Cheikh, president of the Rally of Press
Editors and editor of the weekly newspaper Le Calame stated that the
independent press refused to participate in the TV Mauritania program
Press Club to protest previous censorship. According to the Mauritanian
Press Association, which represents the journalists' union, TV
Mauritania censored statements on national unity, toxic waste generated
by foreign companies, and other sensitive topics by journalist Kissima
Diagana, editor of weekly newspaper La Tribune.
On February 26, Hanevy Ould Dehah, director of the news Web site
Taqadoumy, received a presidential pardon after being detained since
December 2009 despite having served his sentence for crimes against
Islam and paying all imposed fines and legal fees. Dehah, who was
originally arrested in June 2009 on charges of defamation of
presidential candidate Ibrahima Sarr for publishing an article stating
that Sarr bought a house with campaign money from General Aziz. Dehah,
was sentenced in August 2009 to six months in prison and fined 30,000
ouguiya ($111) for committing acts contrary to Islam and decency. The
sentencing judge accused Dehah of creating a space allowing individuals
to express anti-Islamic and indecent views, based on a female reader's
comments made on the Taqadoumy site calling for increased sexual
freedom.
On April 24, gendarmes confiscated a video filmed by Al Jazeera in
the Tagant Region. According to Al Jazeera, the video contained images
of alleged toxic waste landfills. Sources close to the Government
argued these landfills contained chemicals used as pesticides in the
1970s by the African Agriculture Organization.
On July 2, the National Assembly passed a law to liberalize the
audiovisual sector, which has been traditionally state-owned. The law
allows for the creation of private radio stations and television
channels. There were no private stations or channels launched during
the year.
On September 15, the Mauritanian Press Rally (RPM) announced there
would be a press blackout on September 19 to protest ``the deplorable
situation of the press sector.'' However, the blackout did not occur.
The RPM was protesting the rise in the cost of printing newspapers, the
lack of government support, and the press' exclusion from coverage of
some major events.
Unlike the previous year, journalists for the Web site Taqadoumy
were not arrested or detained due to their online articles or comments.
The 2008 suspension of privately owned Radio Citoyenne's broadcasts
and other radio and television programs devoted to civic education
continued during the year.
The charges against journalists Mohamed Nema Oumar and Mohamed Ould
Abdellatif were dropped during the year. Oumar and Abdellatif were
detained and charged with defamation in 2008 following the publication
of an AL-hurriya newspaper article accusing three judges of corruption.
There were no developments in the 2008 case of trade union
activists' assault on Al Jazeera cameraman Mohamed Ould Moustafa due to
his film coverage of postcoup opposition activities.

Internet Freedom.--Unlike the previous year, there were no reports
of government restrictions on Internet access.
Individuals and groups could generally engage in the peaceful
expression of views via the Internet, including by e-mail.
Internet access was available in urban areas throughout the
country, with home access common among the affluent, and cyber cafes
serving the remainder of the population. According to International
Telecommunication Union statistics for 2009, approximately 2.28 percent
of the country's inhabitants used the Internet.

Academic Freedom and Cultural Events.--Unlike the previous year,
there were no government restrictions on academic freedom or cultural
events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly. The law
requires that organizers apply to the local prefect (hakim) for
permission to hold large meetings or assemblies. Permission was
generally approved, but on some occasions the authorities denied
permission to hold demonstrations.
Unlike the previous year, numerous incidents of security forces
forcefully dispersing opposition demonstrations did not occur. However,
on May 5, antiriot police brutally repressed a demonstration by
employees of the municipality of Ksar. The event was led by the local
collectivities National Union to demand payment of wage arrears and
contributions to the national social security system.

Freedom of Association.--The law provides for freedom of
association, and the Government generally respected this right.
All political parties and local NGOs must register with the
Ministry of the Interior. The Government encouraged local NGOs to join
the Government-sponsored Civil Society Platform during the year. NGOs
that are members of the platform do not receive government funding.
The country has approximately 77 registered political parties and
numerous NGOs, which generally functioned openly, issued public
statements, and chose their own leadership. The Government generally
did not prevent unrecognized political parties or NGOs from
functioning. However, on July 5, the Ministry of the Interior ordered
the international NGO National Democratic Institute (NDI) to suspend
its operations because it lacked formal accreditation, although NDI had
attempted to obtain accreditation since 2005. The ministry stated NDI
had been operating illegally for years. There were no developments, and
NDI remained suspended at year's end.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the Department of State's 2010 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation. The Government generally respected these rights, but
persons lacking identity cards could not travel freely in some regions.
Unlike the previous year, authorities did not restrict international
travel of some opposition members.
During the year the Government, in response to an increased
terrorist threat, set up mobile roadblocks where gendarmerie, police,
or customs officials checked the papers of travelers and often demanded
bribes.
The law does not prohibit forced exile, and there were no reports
that the Government used it.
The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR), the International Organization for
Migration, and other humanitarian organizations in providing protection
and assistance to internally displaced persons, refugees, returning
refugees, asylum seekers, stateless persons, and other persons of
concern; however, the Government lacked resources to support these
persons effectively. The National Agency for the Welcome and
Reintegration of Refugees (ANAIR) oversees the reintegration of
repatriated refugees, provides administration and identification
support, and contributes to social and economic development of
resettlement areas. However, reintegration of returnees into
communities was challenging due to deficient sanitation, health, and
education infrastructure, as well as land disputes. The majority of
Afro-Mauritanian returnees were unable to obtain identity cards, and
birth certificates.
During the year ANAIR offered reintegration programs such as summer
camps for refugee children and training sessions for women. President
Aziz's government also conducted a census of former teachers among
returnees to reinstate them in their positions with the Ministry of
Education. However, returnee associations complained that reintegration
efforts as well as settlement of land disputes were slow.
There were 19,000 Afro-Mauritanian refugees returned from Senegal
as part of the official repatriation program that ended in December
2009. However some 7,000 repatriation requests were stalled at various
stages of processing and not completed by the program's end. On July
13, the Government, UNHCR, and Senegal agreed to resume the limited
repatriation of up to 2,400 individuals whose cases had been approved
previously, but not acted upon. According to ANAIR, 1,385 refugees were
repatriated during the year.

Protection of Refugees.--Decree 2005/022, which sets forth the
procedures for implementation of International Refugee Conventions,
adopts the principles set forth in the 1951 Convention relating to the
Status of Refugees and the 1969 African Union Convention Governing the
Specific Aspects of the Refugee Problem in Africa. However, according
to the National Forum of Organizations for Human Rights, legal
implementation of the conventions did not occur during the year.
The country's laws provide for the granting of asylum or refugee
status and the Government has established a system for providing
protection to refugees. The National Consultative Commission for
Refugees (CNCR) is the national body for the determination of refugee
status. UNHCR carries out refugee status determinations under its
mandate and presents cases to the CNCR for recognition. The Government
granted refugee status and accepted refugees recognized by UNHCR. In
practice the Government provided protection against the expulsion or
return of refugees to countries where their lives or freedoms would be
threatened on account of their race, religion, nationality, membership
in a particular social group, or political opinion. The Government
provided protection to approximately 717 refugees during the year.
During the year the Government worked with the European Commission
and the Government of Spain to return migrants to their countries of
origin after attempts to reach the Canary Islands by sea. The
Government operated a migrant reception center in the Nouadhibou region
with the assistance of the Mauritanian Red Crescent and Spanish Red
Cross to process returned migrants and to provide nutritional and
medical care. International NGOs criticized overcrowding and poor
detention conditions at the Nouadhibou migrant reception center. During
the year there was no government response to a Spanish NGO's 2008
report that recommended the center's closure based on its alleged
operations outside of legal frameworks.
The Government gave UNHCR access to returned migrants to determine
if they were eligible for refugee status. In view of freedom of
movement agreements with the Economic Community of West African States,
the Government allowed West African migrants to remain, deporting only
those found illegally seeking to reach the Canary Islands.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic generally free and fair elections based on universal
suffrage.

Elections and Political Participation.--The country returned to
constitutional rule in June 2009 following the voluntary resignation of
then president Abdallahi and the formation of a Transitional Government
of National Unity.
The country enjoyed a peaceful transition from military rule under
the HSC to a democratically elected government with the July 2009
presidential election in which former HSC leader General Aziz won 53
percent of the vote. Although some opposition groups claimed the
election was fraudulent and requested an investigation, other national
and international observers judged the election to be generally free
and fair, and the Constitutional Council certified the election.
The 95-person National Assembly includes representatives from 12 of
the 25 parties that contested the 2006 legislative elections as well as
41 independents. Senate elections held in November 2009 resulted in the
ruling UPR party winning 13 of 16 seats. The Islamic party Tawassoul
and independent candidates won the remaining seats. The opposition
Rally of Democratic Forces party lost a seat. The opposition and
independent candidates denounced strong pressures from the authorities
on municipal advisors to vote for majority party candidates and to
convince independent candidates to step down. No investigations were
launched by year's end.
Political parties operated without restrictions, and there were no
reports of restrictions on opposition opponents.
There were 15 women in the National Assembly and nine women in the
56-seat Senate. The 28-member cabinet included five women, three Black
Moors, and six Afro-Mauritanians.
The electoral law requires that women make up at least 20 percent
of candidates on legislative candidate lists.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not enforce the law effectively, and
officials often engaged in corrupt practices with impunity. Corrupt
practices were widely believed to exist at all levels of government,
and the World Bank's most recent Worldwide Governance Indicators
reflected that corruption was a severe problem. Government officials
reportedly received frequent favors from authorities, such as
unauthorized exemption from taxes, special grants of land, and
preferential treatment during bidding on government projects.
Corruption was most pervasive in government procurement, bank loans,
fishing license distribution, land distribution, and tax payments. The
Ministry of the Interior's Economic Crimes Brigade and the Office of
the Inspector General were responsible for investigating corruption.
President Aziz's government placed fighting corruption at the top of
its agenda and made high-profile arrests during the year. Corruption
and impunity were also serious problems in the police force, and the
Government rarely held security officials accountable or prosecuted
them for abuses. Judicial corruption was also a problem.
The Government implemented anticorruption measures such as a census
of government officials that resulted in the identification of 5,000
``ghost'' employees. Additionally, it enforced laws prohibiting the use
of government vehicles outside working hours and eliminated benefits
such as free housing for high-level government officials.
On April 28, the Accounts Court ordered the former minister of
finance during the 2009 Transitional Government, Sidi Ould Salem, to
reimburse 417 million ouguiya ($1.6 million) to the state treasury. The
court accused Salem of making unjustified expenditures while he was
general manager of The Society of Construction and Real Estate
Management.
On May 13, former prime minister Yahya Ould Ahmed El Waghef was
summoned to court to answer charges related to the ``tainted rice
scandal'' for which he was held in jail for a few weeks after the 2008
coup d'etat. Waghef allegedly approved the purchase of tainted rice
that was planned for free distribution. His court appearance was later
postponed, without a new appearance date specified, and there was no
development in the case by year's end.
On May 15, the Economic Crimes Brigade arrested three Mauritanian
Gas Company managers for alleged invoice falsification totaling 35
million ouguiya ($132,000). The managers were ordered to repay the
money, which they reportedly did during the year.
On June 14, Nouakchott Port Tax Inspector Cheikh Ould Maouloud was
arrested for misappropriating approximately two billion ouguiya (seven
million dollars). His case remained pending at year's end.
In June the Internal Revenue Office launched a tax collection
campaign and ordered the main banks to pay back taxes totaling between
400 million and 1.8 billion ouguiya each ($1.4 to $6.2 million). The
banks contested the amounts and contacted the Ministry of Finance to
resolve the crisis, which threatened the solvency of the national bank
system. The issue was resolved through an agreement between the Central
Bank and the primary banks.
On June 6, former wali (governor) of Nouakchott, Sidi Brahim Ould
Maouloud, was arrested for illegally transfering 1,700 plots of land in
Toujounine to Oumar Ould M'Haiham, a former government official.
Maouloud was released the same day. M'Haiham and 12 other persons
accused of selling the illegally acquired plots were arrested June 7
and later convicted. Their sentences were pending at year's end.
On August 26, Human Rights Commissioner Mohamed Lemine Ould Daddeh
was fired for mismanagement, following an audit by the Office of the
Inspector General, and ordered to reimburse 271 million ouguiya
($934,482) within 15 days or face incarceration. Daddeh requested an
extension of the payment deadline, but failed to submit reimbursement
and was arrested on September 20. He was awaiting trial at year's end.
In September 2009 a Global Fund to Fight Aids, Tuberculosis, and
Malaria investigation uncovered widespread corruption in the management
of the fund's grant to the country. In October 2009 the Economic Crimes
Brigade arrested the country program coordinator, his executive
secretary, and two other individuals; however, their trial had not
begun by year's end.
The former central bank governor, Sidel Mokhtar Ould Nagi, and his
deputy, Mahomed Ould Oumarou, were released without trial during the
year. They were charged in December 2009 with treason, forgery,
mismanagement, and diversion of approximately 24 billion ouguiya ($88
million) in 2000-01.
On January 4, Mohamed Ould Noueiguedh, former chairman and chief
executive officer of the National Bank of Mauritania; Crif Ould
Abdallahi, chairman of the board of the Islamic Bank of Mauritania; and
businessman Abdou Maham were released after a mediation effort led by
El Hacen Ould Dedew. The public prosecutor had charged them in December
2009 with conspiracy to defraud the Central Bank of 14 billion ouguiya
($52 million).
The Government did not enforce the requirement for senior
officials, including the president, to file a declaration of their
personal assets. However, President Aziz publicly declared his assets
in October due to public pressure.
The law provides for public access to government information, and
the Government granted such access to citizens and noncitizens,
including foreign media during the year.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Several domestic and international human rights groups generally
operated without government restriction, investigating and publishing
their findings on human rights cases. Government officials were
somewhat cooperative and responsive to their views.
The Government met with local NGO monitors during the year and
cooperated during visits by the UN, ICRC, and Amnesty International. UN
Special Rapporteur on Contemporary Forms of Slavery, Gulnara Shahinian,
visited the country from October to November 2009 to study actions
taken by the Government to end slavery. The special rapporteur's report
was released in August, and the Government provided its response during
the September Human Rights Council session in Geneva.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law provide for equality for all citizens
regardless of race, national origin, sex, or social status, and
prohibits racial or ethnic propaganda; however, the Government often
favored individuals on the basis of racial and tribal affiliation,
social status, and political ties. Societal discrimination against
women, trafficking in persons, and racial and ethnic discrimination
were problems.

Women.--According to NGOs, the incidence of both reported and
unreported rape continued to be high, and rape was considered a serious
problem. Rape, including spousal rape, is illegal; however, the
Government did not enforce the law effectively. According to the penal
code, rapists who are single men faced penalties of forced labor and
flagellation. Married rapists could be subject to the death penalty.
However, rape cases rarely went to trial. Several cases were reported
of wealthy rape suspects avoiding prosecution or, if prosecuted,
avoiding prison. Families of the victim commonly reached an agreement
with the rapist for monetary compensation. National statistics on
arrests, prosecutions, and convictions for rape were unavailable. Human
rights activists and lawyers reported that rape victims were
stigmatized, persecuted, and even imprisoned. Since rape was tied to
the concept of ``Zina'' or sinful sexual relations outside marriage,
judges may hold the victim responsible for the rape.
Domestic violence was considered a serious problem. Spousal abuse
and domestic violence are illegal; however, the Government did not
enforce the law effectively, and most cases went unreported. There are
no specific penalties for domestic violence, and convictions were very
rare. There were no reliable government statistics on prosecutions,
convictions, and sentences for domestic violence. According to 2009
statistics, the AFCF provided legal assistance to 1,152 domestic
violence victims.
Police and the judiciary occasionally intervened in domestic abuse
cases, but women rarely sought legal redress, relying instead on
family, NGOs, and community leaders to resolve domestic disputes. NGOs
reported that in certain cases they had sought help from the police for
victims of domestic violence, but the police declined to intervene.
AFCF and other women's NGOs provided psychologists and shelter to some
victims.
Traditional forms of mistreatment of women appeared to decline
during the year. One form of such mistreatment was the forced feeding
of adolescent girls (gavage) prior to marriage, which was practiced
only among White Moor tribal groups. Increased government, media, and
civil society attention to the problem led to a marked decline in
traditional views encouraging female obesity despite the health risks.
Nevertheless, overeating to conform to cultural standards remained an
issue, mostly in rural areas. Many urban women endangered their health
by taking pills to gain weight or increase their appetite.
Women's NGOs reported sexual harassment was a common problem at the
workplace, but there are no laws or penalties against it.
Men and women had equal access to diagnosis and treatment for
sexually transmitted infections, including HIV. The Government
recognized the right of individuals and couples to decide freely and
responsibly the number, spacing, and timing of their children and to
have the information and means to do so free from discrimination,
violence or coercion. However, reproductive issues were a sensitive
topic. Some women's NGOs, such as the Mauritanian Association for the
Health of Women and Child (AMSME) and AFCF, focused on reproductive
rights. The incidence of infant mortality under five years old is 122
deaths per 1,000 live births.
AFCF stressed that poor women and women from traditionally lower
castes such as slaves and former slaves had insufficient access to
contraception, obstetric and postpartum care, skilled attendance during
childbirth, and treatment for sexually transmitted infections,
including HIV. AMSME, which operated a center for rape victims,
provided emergency contraception to victims.
Women have legal rights to property and child custody and, among
the more modern and urbanized population, these rights were recognized.
Nevertheless, divorced women could potentially lose child custody if
they remarried. By local tradition, a woman's first marriage requires
parental consent. In accordance with the personal status code, men can
marry up to four women but are required to request spousal consent
before marrying again. Women were encouraged by government awareness
programs to obtain a contractual agreement at the time of marriage
stipulating that the marriage ends if the husband marries a second
wife. This practice was common in Moor society. Nevertheless, women who
did not establish a solid contract remained unprotected. In addition
the validity of and right to establish prenuptial agreements was not
always respected.
In practice polygamy continued to be rare among Moors but was
gaining in popularity. It was common among other ethnic groups.
Arranged marriages were increasingly rare, particularly among the Moor
population. Also there was cultural resistance to marriages among
members of different castes, and NGOs reported powerful individuals
used the judicial system to intimidate and persecute members of their
families who married below their social rank.
Women still faced legal discrimination, and they were considered
minors in the eyes of the law. According to Sharia, the testimony of
two women was necessary to equal that of one man. The courts granted
only half as large an indemnity to the family of a woman who was killed
as was awarded for a man's death. Formulas applied to property
distribution varied widely from case to case. The personal status code
provides a framework for the consistent application of secular law and
Sharia-based family law, but the code had yet to be implemented. Human
rights lawyers reported that judges treated differently cases
concerning White Moor women, slave, or lower-caste women, and foreign
women.
Women did not face legal discrimination in areas not addressed
specifically by Sharia. The law provides that men and women should
receive equal pay for equal work. The two largest employers, the civil
service and the state mining company, observed this law, although it
was not universally applied in practice. In the modern wage sector,
women also received family benefits, including three months of
maternity leave.
The Government sought to open new employment opportunities for
women in areas that were traditionally filled by men, such as
diplomacy, health care, communications, police, and customs services.
Women continued to become more involved in the fishing industry and
established several women's fishing cooperatives.
The Ministry of Social, Child, and Family Affairs (MASEF) continued
its two-year program in cooperation with the UN Population Fund to
promote a sociocultural and legislative environment that favors gender
equality and reduces gender violence. The Secretariat for Women's
Affairs worked with many NGOs and cooperatives to improve the status of
women. Women's groups and national and international NGOs organized
meetings, seminars, and workshops throughout the year to publicize
women's rights. The secretariat, in collaboration with the German
Society for Technical Development (GTZ), publicized women's rights and
organized workshops regarding their rights.

Children.--By law citizenship is derived from one's father.
Citizenship can be derived from one's mother under the following two
conditions: if the mother is a citizen and the father's nationality is
unknown and if the child was born in country to a citizen mother and
repudiates the father's nationality a year before reaching majority.
Children born abroad to citizen parents can acquire the country's
citizenship one year before reaching majority. Minor children of
parents who have become naturalized citizens are also eligible for
citizenship.
In general the Government registered births immediately; however,
in the South, many citizens reported not having birth certificates or
national identity papers. In addition some slaves did not have birth
certificates. There was no official data on the number of births that
went unregistered.
The law makes special provision for children's welfare, and there
were government programs to care for abandoned children; however,
inadequate funding hampered these programs' effectiveness.
School attendance is mandatory for six years of universal primary
education. However, the law was not effectively enforced.
Public education was free through university level. Classes were
fully integrated, including boys and girls from all social and ethnic
groups. Children of slave caste families were allowed to attend school,
but many did not receive an education. There were no legal restrictions
on the education of girls. Almost all children, regardless of gender or
ethnic group, attended Koranic school between the ages of five and
seven years old and gained at least rudimentary skills in reading and
writing Arabic.
FGM was practiced by all ethnic groups and performed on young
girls, often on the seventh day after birth and almost always before
the age of six months. The child protection penal code states that any
act or attempt to damage a female child's sexual organs is punishable
by imprisonment and a 120,000 to 300,000 ouguiya ($460 to $1,153)
penalty. The most recent statistics on FGM indicated a decrease in
incidence from 71 percent in 2001 to 65 percent in 2007, mainly due to
a decrease in the urban sector. Infibulation, the most severe form of
excision, was not practiced.
The Government and international NGOs continued to coordinate anti-
FGM efforts focused on eradicating the practice in hospitals,
discouraging midwives from practicing FGM, and educating the
population. The Government, the UN Population Fund, the UN Children's
Fund (UNICEF), and the national Imams' Association joined other civil
society members to emphasize the serious health risks of FGM and that
FGM was not a religious requirement. Government hospitals and licensed
medical practitioners were barred from performing FGM, and several
government agencies worked to prevent others from perpetrating it.
According to several women's rights experts, the campaign against FGM
appeared to be changing attitudes towards the practice. On January 11,
30 religious leaders declared a fatwa (Islamic ruling) against FGM
following a two-day round table organized by the Forum of Islamic
Thought and Dialogue Between Cultures. The Government and civil society
organized a Zero Tolerance Day on February 6 to raise awareness about
FGM.
Events focusing on raising women's awareness of FGM were organized
in Hodh El Ghabri on February 2 by MASEF and the GTZ. On May 24,
communities in the Brakna region renounced FGM at events organized by
UNICEF, the NGO Tostan, and the MASEF.
In theory the legal marriage age is 18 years old, but the law
rarely was enforced, and there were widespread reports of child
marriages. Since consensual sex outside of marriage is illegal, a
``weli'' (tutor) can present a case to local authorities requesting
permission be granted to a woman younger than 18 years old to marry. In
practice this permission is granted frequently.
There is a law prohibiting adult sexual relations with a child with
penalties of six months to two years of imprisonment and a 120,000
to180,000 ouguiya ($414 to $620) fine.
There is a law prohibiting child pornography with penalties of two
months to one year imprisonment and a 160,000 to 300,000 ouguiya ($550
to $1,034) fine.
Local NGOs estimated that there were 1,000 street children, largely
as a result of poverty and the urbanization of formerly nomadic
families. There was limited government assistance to street children.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--A very small number of expatriates practiced
Judaism.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with physical disabilities in education, employment, or
the provision of other state services, and there were no reports of
governmental or societal discrimination against persons with
disabilities. Persons with disabilities generally did not have access
to buildings, and there were no government programs to provide such
access. The Government did not mandate preference in employment,
education, or public accessibility for persons with disabilities,
although it did provide some rehabilitation and other assistance for
such persons. The MASEF oversees social reinsertion programs for
persons with disabilities. On June 10, the Council of Ministers
approved a decree on the organization and function of the National
Multisectored Commission for the Promotion of Handicapped People. The
commission was not operational by year's end.

National/Racial/Ethnic Minorities.--Ethnic minorities faced
governmental discrimination. The inconsistent issuance of national
identification cards, which were required for voting, effectively
disenfranchised many members of southern minority groups. Racial and
cultural tension and discrimination also arose from the geographic and
cultural divides between Moors and Afro-Mauritanians. The Moors are
divided among numerous ethno-linguistic tribal and clan groups and
further distinguished as either White Moor or Black Moor, although it
was often difficult to distinguish between the two by skin color. White
Moor tribes and clans, many of whom are dark-skinned after centuries of
intermarriage with Berbers and sub-Saharan African groups, dominated
positions in government and business. The Black Moors (also called
Haratines or freed slaves) remain politically and economically weaker
than White Moors. Afro-Mauritanian ethnic groups, which include the
Halpulaar (the largest non-Moor group), Wolof, and Soninke, are
concentrated in the south and urban areas. Afro-Mauritanians were
underrepresented in the Government and military.
The constitution designates Arabic as the official language and
Arabic, Pulaar, Soninke, and Wolof as the country's national languages.
The Government continued to encourage French and Arabic bilingualism
within the school system, as opposed to previous efforts at
``Arabization.'' Neither the Afro-Mauritanian national languages nor
the local Hassaniya Arabic dialect were used as languages of
instruction. In February university riots between French-speaking Afro-
Mauritanian and Arabic-speaking Moor students broke out after Prime
Minister Laghdaf and the minister of culture made public comments
stressing that Arabic is the state's official language. The controversy
came to an end after government officials met with students to dispel
fears about the ``Arabization'' of the educational system.
Ethnic rivalry contributed to political divisions and tensions.
Some political parties tended to have readily identifiable ethnic
bases, although political coalitions among parties were increasingly
important. Black Moors and Afro-Mauritanians continued to be
underrepresented in mid- to high-level public and private sector jobs.
There were numerous reports of land disputes between former slaves,
Afro-Mauritanians, and Moors. According to human rights activists and
press reports, local authorities allowed Moors to expropriate land
occupied by former slaves and Afro-Mauritanians or obstruct access to
water and pastures.
The perpetrators in Kifa, who physically attacked the former slave
family Ehel Brahim and wounded Fatimetou Mint Brahim and her children
following a land dispute in August 2009, remained unpunished by year's
end.
Human rights NGOs reported numerous cases of heritage disputes
between slaves or former slaves and their masters. Traditionally, slave
masters inherited their slaves' possessions. There were no developments
in the case of Salma Mint Jiddou, a Nouakchott widow, whose inheritance
was claimed by her husband's owners in March 2009.
There were no developments regarding the family of Zeinabou Mint
Brahim, which was deprived of its inheritance by Cheikh Mohamedou Ould
Cheikh Hamadoullah, who claimed Mint Brahim was his slave. Despite a
2009 court ruling establishing Mint Brahim's brothers and sister as the
rightful heirs, the authorities did not enforce the ruling by year's
end.
The Government's 2009 Program to Eradicate the Effects of Slavery
continued during the year. The program's goals were to reduce poverty
among 44,750 former slaves in the Assaba, Brakna, Gorgol, and Hodh
Chargui regions and improve access to water, health, education, and
income-generating opportunities. The Government also continued its
collaborative program with the UN and a foreign donor on conflict
prevention program aimed at promoting democratic values and the rights
of marginalized populations, including former slaves. According to the
NGO SOS Esclaves, these programs focused on fighting poverty and the
effects of slavery rather than the practice of slavery itself.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Under Sharia homosexual acts
between males are punishable by death if witnessed by four individuals;
however, there was no evidence of either societal violence or
systematic government discrimination based on sexual orientation, and
there were no criminal prosecutions during the year. There were no
organizations advocating for sexual orientation or gender-identity
rights, but there were no legal impediments to the operation of such
groups.

Other Societal Violence or Discrimination.--There was no evidence
of systematic discrimination by either society or the Government
against persons with HIV/AIDS; however, taboos and beliefs associated
with the disease caused victims in some areas to face isolation or
exclusion.
Section 7. Worker Rights

a. The Right of Association.--The law allows workers to form and
join unions of their choice without authorization or excessive
requirements, and workers exercised this right. The law also provides
for freedom of association, and workers exercised this right in
practice. All workers except members of the armed forces and police
were free to associate in and establish unions at the local and
national levels. The majority of the labor force was in the informal
sector, with most workers engaged in subsistence agriculture and animal
husbandry; only 25 percent were employed in regularly paid positions.
Nearly 90 percent of industrial and commercial workers, however, were
unionized.
To be legally recognized, a union must have the authorization of
the public prosecutor, who can provisionally suspend a trade union at
the request of the Ministry of the Interior if it believes that the
union has not complied with the law. The Government has the discretion
to decide whether to recognize a trade union.
The law provides workers with the right to strike, and workers
exercised this right during the year. However, long and complex
procedures must be followed before a legal strike can be called. The
General Confederation of Mauritanian Workers (CGTM) led a strike of
government employees for three days in March. According to the CGTM,
neither the Ministry of Health nor the Ministry of Education referred
the matter to the Ministry for the Civil Service and Labor for
negotiation. Therefore, the CGTM grievance remained unresolved at
year's end.
According to the CGTM, the Government funded the participation of
several trade union participants at the International Labor
Organization (ILO) conference in June, but refused to fund the
participation of CGTM and did not provide a reason for this action.
CGTM submitted a complaint to the ILO citing discrimination due to the
fact that the confederation was against the 2008 August coup.
The Government can dissolve a union for what it considered an
illegal or politically motivated strike; however, no unions were
disbanded during the year. Workers must provide advance notice of at
least 10 working days for any strike. Workers are not allowed to hold
sit-ins or to block nonstriking workers from entering work premises.

b. The Right to Organize and Bargain Collectively.--The law
provides that unions may organize workers freely without government or
employer interference, and workers generally exercised this right in
practice. However, the head of government decides how negotiations are
conducted once the Ministry for the Civil Service agrees on
negotiations.
Laws provide workers with protection against antiunion
discrimination; however, national human rights groups reported that
authorities did not actively investigate alleged antiunion practices in
some private firms owned by very wealthy citizens.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, men, women,
and children were trafficked for domestic service, street begging for
unscrupulous religious teachers, and slave-like relationships as a
domestic servant or herder. The antislavery law criminalizes the
practice of slavery and imposes penalties on government officials who
do not take action on reported cases; however, no cases were prosecuted
during the year. The Government organized training workshops about the
law for administrative authorities and judges. Also the Program to
Eradicate the Consequences of Slavery provides one billion ouguiya
($3.4 million) in development assistance to communities of former
slaves. However, this is economically focused development assistance
rather than social and legal enforcement of the anti-slavery law.
Government efforts were not sufficient to enforce the antislavery
law. No cases have been successfully prosecuted under the antislavery
law despite the fact that de facto slavery exists in Mauritania.
The labor code also includes criminal penalties for contracting to
benefit from forced labor and for exploiting forced labor as part of an
organized criminal network. Slavery-like practices, typically flowing
from ancestral master-slave relationships and involving adults and
children, continued in rural areas where education levels were
generally low and a need existed for herding livestock, tending fields,
and other manual labor.
Forced labor also occurred in urban centers where young children,
often girls, were retained as unpaid household servants. Some
individuals self-identified as slaves or masters and were unaware that
slavery had been abolished. Human rights groups reported that persons
in slave-like relationships were persuaded by their masters to deny the
relationship to activists.
Voluntary servitude continued with some former slaves and
descendants of slaves, who were victims of social discrimination and
lacked professional skills needed for economic advancement, continued
to work for former masters in exchange for some combination of money,
lodging, food, or medical care. The reasons for the persistence of such
practices varied widely among the different ethnic groups; however, a
barter economy, poverty, and persistent drought provided few economic
alternatives for many and left some former slaves and descendants of
slaves vulnerable to exploitation by former masters. Adult females with
children faced greater difficulties and could be compelled to remain in
a condition of servitude, performing domestic duties, tending fields,
or herding animals.
There were reports that some former slaves continued to work for
their former masters or others without remuneration to retain access to
land they traditionally farmed. Although the law provides for
distribution of land to the landless, including to former slaves, it
has been enforced in only a few cases. NGO observers suggest that
deeply embedded psychological and tribal bonds also made it difficult
for many individuals, who had generations of forebearers who were
slaves, to break their bonds with former masters or their tribes. Some
persons continued to link themselves to former masters because they
believed their slave status had been divinely ordained and they feared
religious sanction if that bond were broken. Former slaves were
subjected often to social discrimination and were limited
professionally to performing manual labor in markets, airports, and
water ports.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law provides that children under the age of 12 cannot be employed for
light work; cannot be employed in the nonagricultural sector if under
the age of 14; and cannot be employed if under the age of 13 in the
agricultural sector unless the minister of labor grants an exception
due to local circumstances. However, child labor in the informal sector
was common and a significant problem, particularly within poorer inner
city areas. The law states that employed children between the ages of
14 and 16 should receive 70 percent of the minimum wage and that those
between the ages of 17 and 18 should receive 90 percent of the minimum
wage. They should not work over eight hours a day and should have one
or several one-hour breaks. Children are also prohibited from engaging
in night work.
Several reports suggested that young girls from remote regions, and
possibly from western Mali, were forced to work as unpaid housemaids in
some wealthy urban homes.
An unknown number of ``talibes'' (young students), nearly all from
Halpulaar tribes, begged in the streets as part of an arrangement with
their ``marabouts'' (religious teachers) for receiving religious
instruction. There were reliable reports that a small number of
marabouts forced their talibes to beg for over 12 hours a day and
provided them with insufficient food and shelter. The Government
continued a program to reduce the number of talibes and partnered with
NGOs to provide talibes with basic medical and nutritional care.
Street gang leaders forced children to steal, beg, and sell drugs.
There were reports that children were forced to work in agriculture,
construction, fishing, and cattle herding. NGOs reported that slavery-
related practices and slavery itself persisted in isolated areas of the
country where a barter economy still prevailed and also in urban
centers including Nouakchott.
Young children in the countryside were commonly employed in
herding; cultivation of subsistence crops, such as rice, millet, and
sorghum; fishing; and other significant labor in support of their
families' activities. Young children in urban areas often drove donkey
carts and delivered water and building materials. In keeping with
longstanding tradition, many children served apprenticeships in small
industries, such as metalworking, carpentry, vehicle repair, masonry,
and in the informal sector. Reporting by some human rights NGOs,
including SOS Esclaves, strongly suggested that domestic employment of
girls as young as the age of seven, often unpaid, continued to be a
problem. There was no child labor in the modern industrial sector.
According to the joint report for the year by the Ministry of
Social Affairs and UNICEF, the greatest obstacle to the national
strategy and three-year plan of action for the protection of children
was the absence of coordination mechanisms and the lack of human and
technical resources in the Ministry of Social Affairs, which is the
principal agency in charge of the promotion and protection of
children's rights.
In addition according to the evaluation report of the National
Poverty Reduction Strategy, the protection of children was not
explicitly addressed within the general strategy to fight poverty, and
a lack of financial resources hampered significant efforts.
There was a labor inspectorate with the authority to refer
violations directly to the appropriate judicial authorities, but the
eight regional inspectors and 30 inspector/controllers lacked the basic
resources, such as transport and office equipment, needed to enforce
existing child labor and other labor laws.
See also the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

e. Acceptable Conditions of Work.--The nationally mandated minimum
monthly wage for adults, which was not enforced, was 21,150 ouguiya
($81), and it did not provide a decent standard of living for a worker
and family. All workers are covered by the minimum wage law. Many labor
unions denounced modern slavery conditions in several formal sectors
such as the food-processing industry. In these sectors, workers do not
have contracts or pay stubs. Their salaries were below the official
minimum wage, and they worked in very unfavorable conditions. Sometimes
they were not paid for several months. The CGTM reported that the
Government did not give aid or compensation to these workers during the
year.
The standard legal nonagricultural workweek could not exceed either
40 hours or six days without overtime compensation, which was paid at
rates that were graduated according to the number of supplemental hours
worked. Domestic workers and certain other categories could work 56
hours per week. All employees must be given at least one 24-hour period
of rest per week. There are no legal provisions regarding compulsory
overtime.
The Labor Directorate of the Ministry of Labor was responsible for
enforcement of the labor laws, but there was a lack of effective
enforcement due to inadequate funding.
The Government set health and safety standards. The Ministry of
Labor was responsible for enforcing these standards, but did so
inconsistently due to inadequate funding. In principle workers could
remove themselves from hazardous conditions without risking loss of
employment, but in practice they could not.

__________

MAURITIUS

Mauritius is a constitutional parliamentary democracy of
approximately 1.3 million citizens governed by a prime minister, a
council of ministers, and a National Assembly. The Alliance of the
Future, a coalition led by Prime Minister Navinchandra Ramgoolam, won
the majority of National Assembly seats in the May 5 election, which
was judged by international and local observers to be generally free
and fair. Security forces reported to civilian authorities.
The following human rights problems were reported: security force
abuse of suspects and detainees; prison overcrowding; restrictions on
media freedom; official corruption; violence and societal
discrimination against women; abuse and sexual exploitation of
children; some abuse based on sexual orientation; discrimination
against persons living with HIV/AIDS; restrictions on labor rights,
antiunion discrimination, and child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings during the year.
There were no further developments regarding the lower court's May
2009 exoneration for lack of evidence of four police officers involved
in the 2006 death in custody of Rajesh Ramlugon; the officers were
initially accused of abuse of authority and concealing evidence. In
June 2009 the L'Express newspaper reported that the director of public
prosecutions (DPP) appealed the exoneration to the Supreme Court. The
officers remained free on bail.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there continued to be reports of police abuses.
According to media reports, on December 29, motorcyclist Wesley
Agathe narrowly avoided hitting a plainclothes police officer, who
allegedly had been pushed in front of Agathe's bike by five other
plainclothes officers. Agathe stopped his motorbike to reproach the six
plainclothes officers for the near collision and reported the incident
to uniformed police officers who drove towards him. During the incident
one of the six plainclothes police officers accused him of stealing a
mobile phone and 7,000 rupees ($229). The six officers then took Agathe
to the Pamplemousses police station and, in view of two other uniformed
police officers at the station, beat Agathe so severely that he lost
consciousness and sustained bruises on his face and neck. Agathe was
subsequently released without charge. The police officers involved in
the beating retained their positions pending an investigation.
According to July 4 media reports, some of the 34 inmates who
escaped from Grand River North West Prison on June 27 were observed
with bruises and facial swelling after they were recaptured and
transferred to the Beau Bassin Central Prison. A detainee's relative
reported that prison guards had beaten some of the inmates.
There were no developments in the September 2009 case of a man whom
the police allegedly beat and sexually assaulted. The police
investigation of the case continued during the year.

Prison and Detention Center Conditions.--The media reported cases
of prisoner abuse, overcrowding, and drug abuse in the country's five
prisons. Unlike in the previous year, no data was available on the
number of abuse complaints filed by prisoners.
As of November 30, the Central Prison, which has a capacity of
1,064, held 1,476 prisoners, including 138 female prisoners and 1,338
male prisoners. Three boys and three girls were held in juvenile
prisons. Pretrial detainees were held together with convicted
prisoners.
There were no developments in the February 2009 death of an inmate
in Central Prison who died after being stabbed by another prisoner. A
police investigation was still ongoing at year's end.
Prisoners and detainees had access to visitors and were permitted
religious observance. Authorities permitted prisoners and detainees to
submit complaints to judicial authorities without censorship and to
request investigation of credible allegations of inhumane conditions.
Authorities investigated credible allegations of inhumane conditions
and documented the results of such investigations in a publicly
accessible manner. The Government investigated and monitored prison and
detention center conditions.
The Government permitted prison visits by independent observers,
including the press, the National Human Rights Commission (NHRC), local
nongovernmental organizations (NGOs), and the UN. The local NGO
Association Kinouete also ran programs to rehabilitate prisoners.
The country had no ombudsman to serve on behalf of prisoners and
detainees to consider such matters as alternatives to incarceration for
nonviolent offenders, circumstances of confinement for juvenile
offenders, or improving pretrial detention, bail, and recordkeeping
procedures to ensure prisoners did not serve beyond the maximum
sentence for the charged offense.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.

Role of the Police and Security Apparatus.--The police force is
headed by a police commissioner who has authority over all police and
other security forces, including the Coast Guard and Special Mobile
Forces, a paramilitary unit that shares responsibility with police for
internal security. The police commissioner reports directly to the
Prime Minister's Office. Police corruption and abuse of detainees were
problems. The Office of the Ombudsperson, the NHRC, and the Police
Complaints Bureau investigated security force abuses.
By October 31, the NHRC had received 26 complaints of physical or
verbal abuse by police: nine complaints were withdrawn or dismissed for
lack of evidence, and 17 cases remained under investigation. The NHRC
may report cases of police abuse to the Office of the DPP.
Orientation training for all new police recruits included a segment
on human rights. Management-level officers were required to take a
refresher course every five years. More than 200 police officers who
qualified on the basis of years of experience participated in human
rights courses during the year.

Arrest Procedures and Treatment While in Detention.--The
constitution and law require that arrest warrants be based on
sufficient evidence and issued by a duly authorized official and that
the accused be read his or her rights, including the right to remain
silent and the right to an attorney. The law requires that suspects be
brought before the local district magistrate within 48 hours. Police
generally respected these rights, although police sometimes delayed
suspects' access to defense counsel. Detainees generally had prompt
access to family members, although minors and those who did not know
their rights were less likely to be provided such access. Indigent
detainees facing serious criminal charges were provided an attorney at
state expense. A suspect can be detained for up to a week, after which
the suspect may bring the issue of bail before a magistrate.
Alternatively, a suspect may be released on bail the same day as an
arrest, if police concur. Individuals charged with drug trafficking may
be detained for up to 36 hours without access to legal counsel or bail.
Due to a backlogged court system, approximately 20 percent of the
prison population was in pretrial detention. Pretrial detainees
generally remained in remand for one to two years before being tried.
In practice judges applied time served in remand to subsequent
sentences.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
judicial independence in practice.

Trial Procedures.--Defendants enjoy a presumption of innocence, and
trials are public. Juries are only used in murder trials. Defendants
have the right to be present and to consult an attorney in a timely
manner. An attorney is provided at public expense when indigent
defendants face serious criminal charges. Defendants can confront or
question witnesses against them and present witnesses and evidence on
their own behalf. Defendants and attorneys have access to government-
held evidence relevant to their cases, and defendants have the right of
appeal. These rights were respected in practice, although an extensive
case backlog delayed the process, particularly for obtaining
government-held evidence. The law extends the above rights to all
citizens.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary for civil matters. The law provides access to a
court to bring lawsuits seeking damages for human rights violations.
The constitution provides for an ombudsman to investigate complaints
from the public and members of parliament against government
institutions and to seek redress for injustices committed by a public
officer or authority in official duties as an alternative to the court
system. The ombudsman has the authority to make recommendations but
cannot impose penalties on a government agency.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, at times the
Government did not respect these rights in practice.
Individuals could criticize the Government publicly or privately
without reprisal.
The independent media were active and expressed a wide variety of
views.
The Government owned the sole domestic television network,
Mauritius Broadcasting Corporation (MBC) TV, and opposition parties and
media experts regularly criticized the station for its progovernment
bias and unfair coverage of National Assembly debates. International
television networks were available by subscription or via a cable box.
During the year La Sentinelle group, a media conglomerate, noted
that since 2005 government agencies had gradually stopped buying
advertising space in its publications after newspapers it owned
criticized the Government. In May various government agencies cancelled
their subscriptions to L'Express newspaper, a member of La Sentinelle
group. At year's end the boycott was still ongoing.
On May 27, police prevented journalists from L'Express and 5-Plus
Dimanche newspaper, also operated by La Sentinelle group, from
attending a news conference given by the finance minister. On May 31,
La Sentinelle requested a Supreme Court injunction to prevent such
action. The court heard both parties and on June 14, the attorney
general and La Sentinelle Group signed before a Supreme Court judge an
agreement that terminated the boycott of the group's journalists and
photographers.
The prime minister regularly warned the press about tougher media
laws that were being developed.
The Satanic Verses continued to be banned, as it has been since
1989; however, authorities did not fine bookstores for carrying the
book during the year.
Officials used libel laws to suppress media criticism of political
leaders.
For example, on July 1, police arrested chief editor Ananda Rajoo
of the weekly Le Nouveau Militant for libel for an August 2009 article
questioning the Government's official statistics on the H1N1 flu
outbreak; Rajoo was released on bail the same day. On October 7, the
DPP dropped charges against the chief editor.
On October 4, police arrested chief editor Dharmanand Dooharika of
the weekly Samedi Plus for libel for a September 2009 article
questioning the appointment of a manager in the national aviation
company. Dooharikao was brought to court and released on bail the same
day.
On September 16 and 17, the University of Mauritius and the UN
Educational, Scientific, and Cultural Organization sponsored a
conference on press freedom.

Internet Freedom.--There were no government restrictions on the
Internet or reports that the Government monitored e-mail or Internet
chat rooms. Individuals and groups could engage in the peaceful
expression of views via the Internet, including by e-mail. According to
International Telecommunication Union statistics for 2009,
approximately 23 percent of the country's inhabitants used the
Internet.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
Government generally respected these rights in practice.

c. Freedom of Religion.--For a description of religious freedom,
please see the Department of State's 2010 International Religious
Freedom Report at www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice.
The law prohibits forced exile, and the Government did not use it.
The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.

Protection of Refugees.--The country is not a party to the 1951
Convention relating to the Status of Refugees, its 1967 Protocol, or
the 1969 African Union Convention Governing the Specific Aspects of the
Refugee Problem in Africa, nor do its laws provide for the granting of
asylum or refugee status. The Government has not established a system
for providing protection to refugees. However, in practice, the
Government has not expelled or returned refugees to countries where
their lives or freedom would be threatened on account of their race,
religion, nationality, membership in a particular social group, or
political opinion.
The six Iraqis who in 2008 were detained for entering the country
with fraudulent documents, granted refugee status by the UNHCR, and
released on bail in March 2009 departed the country on January 19 for
an evacuation transit center in Romania; the six were assisted by
Amnesty International and the UN Development Program.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens exercised this right in
practice through periodic, free, and fair elections based on universal
suffrage.

Elections and Political Participation.--International and local
observers characterized the May 5 national election as generally free
and fair. The constitution provides for 62 National Assembly seats to
be filled by election. It also provides for the Electoral Supervisory
Commission to allocate up to eight additional seats to unsuccessful
candidates from minority communities through a ``best loser system''
(BLS). In the May 5 election, the ruling Alliance of the Future (AF),
led by the Labor Party, won 41 parliamentary seats; the Alliance of the
Heart (AH), led by the Mauritian Militant Movement (MMM), won 18; the
Mouvement Rodriguais (MR) won two; and the Mauritian Solidarity Front
won one seat. Under the BLS, the AF subsequently obtained four
additional seats, the AH two, and the Organization for the Rodriguan
People one seat.
Problems noted by international observers in the May 5 election
included unequal representation due to electoral constituencies not
being redrawn; inability of persons who turned 18 between January 2009
and May 2010 to vote due to use of the 2009 voters roll; lack of
accommodation to facilitate voting for persons with disabilities; and
lack of legal authority to provide domestic election observers. Various
candidates also claimed that some politicians distributed gifts in
their constituencies prior to the election and that some polling
materials were not available in Creole, a language spoken by more than
90 percent of the population.
Opposition parties stated that the Government-owned television
station MBC TV favored the ruling party. Opposition and MMM leader Paul
Berenger claimed that MBC TV provided more airtime to and better
picture quality of the prime minister. On April 13, MMM filed a
complaint with the Independent Broadcasting Authority (IBA), an
independent regulatory body, regarding airtime provided to the ruling
party on March 31, when Prime Minister Ramgoolam announced the
dissolution of the Government and presented the new government
alliance. On April 15, the IBA ruled in favor of the MBC.
The constitution requires all candidates to declare themselves as
belonging to one of the following four ``communities'': Hindu, Muslim,
Sino-Mauritian, or general population (all persons who do not belong to
one of the other three categories). The BLS is based on the demographic
makeup of the country as found in the 1972 census. However, there were
concerns that the 1972 census results no longer reflected the country's
demographic composition. Various political observers charged that the
BLS undermined national unity and promoted discrimination.
Political parties operated without restriction or outside
interference.
There were 13 women in the 70-seat National Assembly. Following the
May 5 National Assembly elections, there were three female ministers in
the 25-member cabinet. Of the 17 Supreme Court judges, seven were
women.
Although historically the Hindu majority dominated politics, no
groups were excluded from the political system. In the National
Assembly there were 37 Hindus, 21 members of the general population, 11
Muslims, and one Sino-Mauritian. In the cabinet there were 17 Hindus,
four Muslims, three members of the general population, and one Sino-
Mauritian.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, but
the Government did not implement these laws effectively. There was a
widespread public perception of corruption in the legislative and
executive branches. The World Bank's Worldwide Governance Indicators
reflected that corruption was a problem.
On December 17, police arrested Johnson Roussety, the leader of the
Rodrigues Regional Assembly and an MR member, for traffic of influence
in forcing a civil servant to employ 200 workers who were allegedly MR
partisans.
During the year the Governmental Independent Commission Against
Corruption (ICAC) registered 73 complaints of corruption against police
officers: 35 cases were rejected for irrelevancy, 15 cases remained
under investigation, one case was referred to the DPP, and 22 were
discontinued for lack of substantiation.
The ICAC continued to investigate the following 2009 cases: the
overpayment by the District Council of Pamplemousses-Riviere du Rempart
of a cleaning contract and the alleged bribery by the former director
of the National Art Gallery.
The case of the former chairman of the Mauritius Ports Authority
who allegedly accepted a bribe in 2006 from a Dutch dredging company
was heard before the court on September 9 and December 9. No further
information was available at year's end.
Ministers of Mauritius and commissioners of the Rodrigues Island
Regional Assembly are required to publicly disclose the assets of
spouses, children, and grandchildren upon taking office and at the
dissolution of the National Assembly or of the Rodrigues Regional
Assembly.
There is no law that provides public access to government
information; however, members of the public may request information by
writing to the permanent secretary of the appropriate ministry. The
Government generally complied with requests from citizens and
noncitizens, including foreign media.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were often cooperative and responsive to their views. In contrast to
the previous year, there were no reports that police harassed any NGO
staff.
The Government cooperated with international governmental
organizations and permitted visits by UN representatives and other
international organizations.
The president appoints an ombudsman to investigate complaints
against public servants, police officers, and prison guards. Individual
citizens, council ministers, or members of the National Assembly may
request that the ombudsman initiate an investigation. The ombudsman
makes recommendations to the appropriate government office for
injustices committed by a public officer or authority carrying out
official duties as an alternative to filing charges in the court
system.
The NHRC enjoyed the Government's cooperation and operated without
government or party interference. The NHRC had adequate resources and
was considered effective. The Commission did not issue a report during
the year.
In January, as called for by a February 2009 act of parliament, the
Truth and Justice Commission (TJC) became operational. The TJC is
mandated to conduct inquiries into slavery and indentured labor during
the colonial period, determine appropriate measures to be extended to
descendants of slaves and indentured laborers, inquire into complaints
by persons aggrieved by dispossession or prescription of land in which
they claimed to have an interest, and prepare a comprehensive report of
its findings. The commission did not issue a report during the year.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law specifically prohibit discrimination on
the basis of race, caste, place of origin, political opinion, color,
gender, disability, or language. While the Government generally
enforced these provisions, some societal discrimination occurred.

Women.--The law prohibits rape, including spousal rape, and police
and the judicial system enforced the law; however, rape was widespread.
The penalty for rape is 20 years' imprisonment with a fine not to
exceed 200,000 rupees ($6,557). As of November 1, the police Family
Support Bureau had received six reports of rape cases; no statistics on
prosecutions were available at year's end. Many victims chose not to
report or file charges against their attackers due to cultural
pressures and fear of retaliation.
The law criminalizes domestic violence; however, it was a major
problem. Domestic violence activists stated that police did not
effectively enforce the law. Penalties for domestic violence ranged
from 10 years' imprisonment to 20 years' imprisonment with a fine not
to exceed 200,000 rupees ($6,557) if aggravating circumstances were
involved. Anyone found guilty of violating a protection order may be
fined up to 25,000 rupees ($819) or imprisoned for up to two years. The
local NGO SOS Femmes reported that women remained in abusive situations
for fear of losing financial support and that few filed complaints
against their abusers. The Ministry of Gender Equality, Child
Development, and Family Welfare maintained an abuse hotline and a Web
site on legal protections for victims.
Sexual harassment was a problem, and the Government was not
effective at enforcing prohibitions against it. The law prohibits
sexual harassment, which is punishable by up to two years'
imprisonment. During the year the Sex Discrimination Division of the
NHRC received 20 complaints, of which two involved sex discrimination,
four involved sexual harassment, and 14 involved moral harassment, a
term used to refer to nonsexual harassment. At year's end four cases
remained under investigation, authorities dismissed three for lack of
evidence, plaintiffs withdrew one case, five cases were referred to
other authorities for appropriate action, and the commission completed
seven investigations.
The law provides for the basic right of couples and individuals to
decide freely and responsibly the number, spacing, and timing of their
children, and to have the information and means to do so free from
discrimination, coercion, and violence. Couples and individuals were
able to access contraception and skilled attendance during childbirth,
including essential obstetric and postpartum care. The maternal
mortality ratio was 36 per 100,000 live births. Women were equally
treated for sexually transmitted infections, including HIV.
Men and women enjoy the same rights under the constitution and the
law, and these rights were upheld in the courts. The Ministry of Gender
Equality, Child Development and Family Welfare is mandated to promote
the rights of women. The National Women Entrepreneur Council, a
semiautonomous government body under the ministry, is responsible for
promoting the economic empowerment of women.
Women played subordinate roles in society, and societal
discrimination continued; however, women had equal access to education,
employment, and government services. Women had equal access to credit
and could own or manage businesses; however, in the private sector,
women were paid less than men for substantially similar work. The law
criminalizes the abandonment of one's family or pregnant spouse for
more than two months and the nonpayment of court-ordered food support.
The law affords women broadly defined wage protections, and authorities
generally respected the law in practice. The law protects women from
being forced to carry loads above certain weight limits.

Children.--Citizenship is derived by birth within the country's
territory. All births were registered, and the law provides for late
registration. Failure to register births resulted in denial of some
public services.
Child abuse was more widespread than was acknowledged publicly,
according to NGOs. The law criminalizes certain acts compromising the
health, security, or morality of a child. The state-funded National
Children's Council, the Ministry of Gender Equality, Child Development,
and Family Welfare, and the Office of the Ombudsperson for Children
provided counseling, investigated reports of child abuse, and took
remedial action to protect affected children. The Police Unit for the
Protection of Minors conducted public education programs on the sexual
abuse of minors.
On September 13, in Richelieu, the body of seven-year-old Patricia
Martin was found. The postmortem examination revealed that she was
raped and burned alive. Police arrested her uncle, Marie Jose Tristan
Casimir, on the same day. He remained in police detention at year's
end.
The police completed their investigation into the January 2009 case
of a 15-year-old boy from Rodrigues Island who filed a complaint of an
indecent act against a foreign citizen with permanent resident status.
The case was referred to the DPP.
There were no updates available in the following 2008 cases of
child abuse: the January arrest of a foreign resident for sexually
exploiting a 12-year-old girl with the consent of her aunt and uncle;
the June arrest of a woman for sexually exploiting a 13-year-old girl;
and the July arrest of three men for sexually exploiting a 12-year-old
girl.
Child prostitution was a problem, and the Government targeted the
practice as a law enforcement and prevention priority. The law
prohibits child prostitution and child pornography and provides for a
maximum penalty of 15 years' imprisonment for child trafficking. The
minimum age for consensual sex is 16 years. Any person found guilty of
statutory rape may face a sentence of up to 20 years' imprisonment and
a fine not exceeding 100,000 rupees ($3,278).
The Government assisted victims of child abuse by offering
counseling at a drop-in center in Port Louis and referring victims to
government-supported NGO shelters. Both medical treatment and
psychological support were available at public clinics and NGO centers.
For example, the national Children's Council operated a daycare center
in Baie du Tombeau to help single mothers and abused children find
employment.
Mauritius is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--Approximately 120 Jews resided in the country.
There were no reports of anti-Semitic acts during the year.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at http://www.state.gov/g/tip

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law does not criminalize
homosexuality; however, it criminalizes the act of sodomy, and this
prohibition is equally applied to gay, lesbian and heterosexual
couples.
Lesbian, gay, bisexual, and transgender victims of verbal abuse or
violence within the family reported such incidents to local NGO
Collectif Arc en Ciel; however, victims refused to file complaints with
police for fear of reprisal.
On September 14, the daily L'Express reported that a group of young
men assaulted a gay man by throwing a rock at him. The victim, who
suffered a leg fracture, filed a complaint against his assailants. A
police investigation was ongoing at year's end.
At year's end there were no reports of governmental or societal
discrimination based on sexual orientation in employment and
occupation, housing, statelessness, or access to education or heath
care.

Other Societal Violence or Discrimination.--The law provides that
persons living with HIV/AIDS be free from stigmatization and
discrimination; however, there were reports of discrimination against
such persons and their relatives.
Unlike in the previous year, there were no reports that HIV-
positive detainees at the Central Prison were forced to wear yellow
badges so that they could be easily identified during routine medical
checkups.
During the year the local NGO PILS recorded six cases of
discrimination against HIV/AIDS patients and their relatives. Unlike in
the previous year, there were no reports of denial of access to public
health care services; however, PILS reported that breach of
confidentiality regarding HIV/AIDS patients' medical records in public
hospitals remained a problem.
In August 2009 Le Mauricien newspaper reported that four police
officers verbally and physically abused a Vivre+ social worker
collecting for charity on the streets. During the incident the officers
also revealed the NGO worker's HIV status to onlookers. The NGO worker
filed a complaint with the Police Complaints Investigation Bureau;
however, no action was taken against the four police officers.
Section 7. Worker Rights

a. The Right of Association.--The constitution and law provide for
the right of workers, including foreign workers, to form and join
unions of their choice without previous authorization or excessive
requirements, and workers exercised this right in practice. With the
exception of police, the Special Mobile Force, and persons in
government services who were not executive officials, workers were free
to form and join unions and to organize in all sectors, including in
the Export Oriented Enterprises (EOE), formerly known as the Export
Processing Zone; however, the law grants authorities the right to
cancel a union's registration if it fails to comply with certain legal
obligations. The law provides for a commission to investigate and
mediate labor disputes and a program to provide unemployment benefits
and job training.
The law allows unions to conduct their activities without
government interference and provides for the right to strike; however,
it also establishes a required process for declaring a legal strike.
This process calls for labor disputes to be reported to the Commission
for Conciliation and Mediation (CCM) only after meaningful negotiations
have occurred and a deadlock has been reached between the parties
involved, a process that is not to exceed 90 days unless the parties
involved agree. Once deadlock has been reported to the CCM, the
commission has 30 days to resolve the dispute, or longer if both
parties agree. If the dispute is not resolved at the commission level,
parties can take the dispute to the Tribunal for Voluntary Arbitration
(TVA) for settlement or go on strike within 45 days, provided the union
has given the labor minister 10 days notice of the upcoming strike. The
prime minister may petition the Supreme Court to prohibit the
continuation of a strike deemed a danger to the life, health, or
personal safety of the population. The prime minister may also apply to
the TVA for the establishment of a minimum service if such service does
not exist.
Worker participation in an unlawful strike is sufficient grounds
for dismissal, but workers may seek remedy in court if they believe
that their dismissals were unjustified. On January 14, authorities
reportedly deported 62 foreign workers who participated in illegal
strikes.

b. The Right to Organize and Bargain Collectively.--The law
protects collective bargaining, and workers exercised this right. The
National Remuneration Board (NRB), whose chairman is appointed by the
minister of labor, set minimum wages for nonmanagerial workers,
although most unions collectively negotiated wages higher than those
set by the NRB.
The law prohibits antiunion discrimination; however, the Government
did not always respect this right.
On August 25, the Government-owned MBC suspended trade unionist
Rehana Ameer for allegedly sending an anonymous letter to MBC employees
criticizing management practices. On December 3, MBC dismissed Ameer
for allegedly authoring the letter and for speaking to the media about
her suspension. Ameer claimed that she was suspended as a result of her
trade union activities. Since 2008 four MBC trade union activists were
suspended or dismissed.
The law does not provide for the reinstatement of dismissed
employees; however, employees can resort to the Industrial Relations
Court to seek redress.
National labor laws cover workers in the EOE; however, EOE-specific
labor laws authorize longer working hours, including 10 hours per week
of mandatory paid overtime at a higher wage than for ordinary working
hours. Some employers reportedly established employer-controlled work
councils for EOE workers, effectively blocking union efforts to
organize at the enterprise level. Approximately 59,000 persons worked
in the EOE; only 10 percent belonged to unions.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, child labor
occurred in the informal sector or in shops. There was no report of
forced child labor during the year.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment of children below 16 years of age and
prohibits the employment of children between 16 and 18 years old in
work that is dangerous, unhealthy, or otherwise unsuitable for young
persons. While the Government generally respected this law, child labor
occurred. According to the law, the penalties for employing a child are
a fine of no more than 10,000 rupees ($328) and imprisonment not to
exceed one year.
Children worked in the informal sector as street traders, in small
businesses, in restaurants, in agriculture, and in small apparel
workshops.
The Ministry of Labor, Industrial Relations, and Employment (MOL)
is responsible for the enforcement of child labor laws and employed 45
inspectors to conduct frequent inspections.
The MOL developed vocational training programs to prevent
employment of underage children and conducted programs to identify
street children.

e. Acceptable Conditions of Work.--The Government established
minimum wages, which varied by sector, and mandated that the minimum
wage rise each year based on the inflation rate. The minimum wage for
an unskilled domestic worker in the EOE was approximately 607 rupees
($20) per week, while the minimum wage for an unskilled domestic
factory worker outside the EOE was approximately 794 rupees ($26) per
week. Although these wages did not provide a decent standard of living
for a worker and family, the actual market wage for most workers was
much higher due to a labor shortage and collective bargaining. The MOL
effectively enforced the minimum wage law.
The standard legal workweek in the EOE was 45 hours. According to
the Mauritius Labor Congress, 10 hours of overtime a week is mandatory
at certain textile factories in the EOE. By law no worker can be forced
to work more than eight hours a day, six days a week. Those who work
more than their stipulated hours must be remunerated at one and a half
times the normal salary. Those who work during their stipulated hours
on public holidays are remunerated at double their normal salary. For
industrial positions, workers are not permitted to work more than 10
hours a day. If the worker has worked until or past 10 p.m., the
employer cannot require work to resume until at least 11 hours have
elapsed. These standards were generally enforced for both foreign and
domestic workers. Unions have reported cases of underpayment for
overtime in the textile and apparel industries due to differences in
existing legislation and remuneration orders for the calculation of
overtime hours. The law provides that in such cases the MOL is required
to investigate, and employers are encouraged to take remedial actions,
failing which a court action is initiated.
On February 22, police reportedly freed three Bangladeshi workers
who alleged that their employer had confined them to their dormitories
for a few hours following an argument regarding unsanitary conditions
in their dormitory. One of the workers alleged that the employer beat
him daily.
The Government set health and safety standards, and MOL officials
inspected working conditions; however, the inadequate number of
inspectors limited the Government's enforcement ability. Voluntary
employer compliance with safety regulations helped reduce the number of
occupational accidents. There were reports of foreign workers living in
dormitories with unsanitary conditions. Workers had the right to remove
themselves from dangerous situations without jeopardizing their
continued employment, and they did so in practice.

__________

MOZAMBIQUE

Mozambique has a democratic constitution and an estimated
population of 22.4 million. President Armando Guebuza was reelected in
October 2009 in a contest criticized by several national and
international observers, including the EU and the Commonwealth, as
lacking a ``level playing field'' and faulted for lacking transparency,
integrity, impartiality, and independence. Domestic and foreign
observer groups and local civil society expressed concern over the
electoral procedures that preceded the balloting, particularly the
exclusion of six of nine presidential candidates and disqualification
of one opposition party's parliamentary candidates from seven of 11
provinces. Freedom House has since removed the country from its list of
electoral democracies. There were instances in which elements of the
security forces acted independently of civilian control.
Incidents of serious human rights abuses, including vigilante
killings, occurred during the year. Security forces continued to commit
unlawful killings. Prison conditions remained harsh and life
threatening, resulting in several deaths. Arbitrary arrest and
detention, as well as lengthy pretrial detention, were problems. An
understaffed and inadequately trained judiciary was inefficient and
influenced by the ruling party. Political and judicial decisions
involving independent media outlets constrained press freedom. Societal
problems including domestic violence, discrimination against women,
abuse, exploitation, and forced labor of children, trafficking in women
and children, and discrimination against persons with HIV/AIDS remained
widespread.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
human rights activists and domestic media sources reported that
security forces arbitrarily killed some persons during the year,
including at least 13 during the violent protests on September 1 and 2.
According to a 2010 report by international nongovernmental
organization (NGO) Amnesty International (AI), police were responsible
for a number of human rights violations, including extrajudicial
executions, excessive use of force sometimes resulting in death,
arbitrary arrests and detentions, as well as torture and other cruel,
inhuman and degrading treatment and deaths in custody. In the majority
of cases no investigations were carried out, and police officers were
not disciplined. AI noted that victims and/or their families did not
receive any information and were left without remedies or justice.
Examples of arbitrary or unlawful killing by police included:
On March 29, a Maputo police officer shot and killed a citizen
after a verbal altercation. There were no further developments by
year's end.
On April 9, a police officer in Beira was detained for killing a
civilian. The investigation was ongoing at year's end.
On September 7, a Matola police officer shot and killed an unarmed
person alleged to have stolen a chicken. There were no further
developments by year's end.
There were no further developments in the September 2009 killing of
a man by police for stealing a vehicle's side mirror.
High levels of crime in and around Maputo City and continued
violence against police by criminal gangs were likely factors in the
number of unlawful killings committed by security forces. During the
year 10 police officers in Maputo City were killed; gangs were
suspected in each case.
There was no further information available in the following 2008
cases: the February killing of five persons in Maputo and at least one
other person in Chokwe who were protesting increases in the cost of
living, and the August shooting death of a person in Maputo by a police
officer during a personal dispute.
There were a few reports of death resulting from police abuse. For
example, in May eight prison guards in Gaza Province tied up and beat
to death a prisoner in Mabalane Prison. The Ministry of Justice
conducted an investigation, and the guards were suspended. No charges
had been filed by year's end.
Killings by vigilante groups continued to be a problem. For
example, there were 14 reported lynchings in the city of Beira and nine
lynchings in the city of Manica during the year. While the Government
strongly condemned the killings, it was unable to identify the
perpetrators and bring them to justice. The League of Human Rights
(LDH) and other civil society groups claimed these killings were
related to the increased cost of living, high unemployment rates,
sustained high levels of crime, lack of police presence in outlying
metropolitan neighborhoods, and an ineffective justice system. Most
targets of such killings were suspected muggers, thieves, sexual
abusers, and drug dealers.
There were no developments in the 2009 and 2008 deaths of several
persons at the hands of vigilante groups in Chimoio, Maputo, Matola,
and Chokwe districts, including the death of three Mozambican Red Cross
volunteers in Quinga accused of causing an outbreak of cholera (whose
teams were using chlorine to purify water; cholera and chlorine are
similar words in Portuguese) and the burning to death of a 13-year-old
boy in Beira for stealing ducks.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--While the constitution and law prohibit such practices,
police frequently used excessive force and harsh physical abuse when
apprehending, interrogating, and detaining criminal suspects and
prisoners. During the year human rights advocates and the media
reported occurrences of torture and other cruel treatment, including
several cases involving sexual abuse of women, beatings, and prolonged
detention.
In March an LDH visit to Maputo's maximum security prison (Machava)
confirmed numerous incidents of guards physically abusing prisoners.
The LDH found that guards handcuffed prisoners to trees and then
flogged them. The prison authorities later confirmed nine prisoners had
been abused in this manner. Two prison guards were suspended and
criminally charged for the abuse. In May the minister of justice
suspended both the management and the guard commander of the prison. As
a result of LDH's report, the minister of justice ordered a full
inquiry into the Machava Prison incident and personally made visits to
several of the region's prisons to assess the conditions. After finding
abuses, the ministry and the LDH created a joint declaration on prison
reform and established a Prison Reform Group responsible for making
changes to the prison system.
There were also reports of similar severe beatings at several other
prisons; in May, one death resulted from these beatings at Mabalane
Prison in Gaza Province. After an investigation by the Ministry of
Justice, one prison guard was suspended but not criminally charged.
There were no further developments in the March 2009 suffocation
deaths of 13 prisoners in an overcrowded cell in Mogincual.
Unlike the previous year, there were no reports that excessive use
of force by police resulted in death and injuries to strikers.

Prison and Detention Center Conditions.--Prison conditions remained
harsh and potentially life threatening; overcrowding, inadequate
nutrition, substandard sanitation, poor health facilities, and prisons
in poor physical condition remained serious problems.
The Administration for Prison Services, under the Ministry of
Justice, operated 184 prisons in 10 provinces. The Ministry of Interior
and the police are responsible for jails at police stations. During the
year there were 14,936 prisoners, approximately 66 percent of whom had
been convicted and the rest awaiting trial. The National Prisons
Service spends approximately 3,600 meticais ($105) per month to house,
feed, clothe, educate, and provide medical care for each prisoner.
Overcrowding remained the most serious problem. During the year the
LDH noted once again that many prisons held more than three times the
number of prisoners for which they were built and that often prisoners
slept in bathrooms, standing up, or in shifts.
For example, as of August Maputo Central Prison held 2,695
prisoners in a facility designed to hold 800, and the Nampula
Provincial Jail held 401 prisoners in a facility for 100.
In August the director general of prisons was replaced due to his
failure to alleviate the overcrowding problem in the prisons.
During the year the LDH made numerous visits to prisons and
detention facilities. Based on those visits, the LDH continued to note
the following conditions in the prisons: harsh detention, inadequate
food, poor hygiene, overcrowding, adults and juveniles held together,
prisoners kept beyond their sentences, and the LDH stated that many
facilities were ``physically inadequate.''
Reports continued that most prisoners received only one meal a day.
In many cases prison officials were not able to provide even basic food
to the prison population. In the prisons visited, the LDH characterized
the provision of food as ``poor,'' consisting mainly of corn meal and
beans. It was customary for families to bring food to prisoners;
however, there continued to be occasional reports that guards demanded
bribes in exchange for delivering food to prisoners. In several prisons
inmates engaged in prostitution in exchange for food, according to the
LDH. According to the UN Interregional Crime and Justice Research
Institute (UNICRI), 10 percent of juvenile offenders were women, and
some juveniles had been held with adult populations in pretrial
detention for as long as nine months. Juveniles were also intermixed
with adults in the general prison population.
The LDH found malaria, tuberculosis, and HIV/AIDS to be commonplace
among prisoners in nearly all prisons. The LDH also found other
illnesses caused by malnutrition, including paralysis and blindness.
Both healthy and sick prisoners regularly were kept in the same cells.
Provisions for sanitation, ventilation, temperature, lighting, basic
and emergency medical care and access to potable water were inadequate.
In July an inmate gave birth inside the Ndlavela Jail, in the city
of Matola in Maputo Province, because the prison had no vehicle for the
transportation of personnel or inmates to health facilities.
According to the LDH and confirmed by a report issued by the
UNICRI, pretrial detainees were held with convicted prisoners.
There continued to be many reported deaths in prison, the vast
majority due to illness and disease, at rates much higher than the
general population. During the first four months of the year, at least
nine prisoners in Nampula's jail had died of tuberculosis.
International and domestic human rights groups had access to
prisoners, although at the discretion of Ministries of Justice and
Interior. The LDH reported no problems obtaining credentials to visit
prisons. Moreover LDH president and founder Maria Alice Mabota
announced in 2009 that the LDH had entered into a memorandum of
understanding with the Ministry of Justice allowing it to visit prisons
unannounced. The LDH confirmed these visitation rights continued during
the year. The LDH agreed to provide to the ministry any reports it
planned to issue but would be free to publish its own independent
findings.
Prisoners generally were allowed access to visitors and permitted
religious observances. On several occasions during the year, prisoners
and detainees submitted complaints about their treatment to
authorities; such complaints were also reported in the local press. The
Ministry of Justice investigated a number of these complaints in
Machava and Gaza prisons, resulting in changes in procedures and
disciplining of personnel.
Following reports of beatings and killings of prisoners at Machava
Prison in March, Ministry of Justice officials announced investigations
of conditions, and publicly criticized prison officials and prison
conditions. The officials acknowledged serious mistreatment of
prisoners had occurred, and several senior officials in the prison
service were either administratively disciplined or dismissed.
The Ministry of Justice and prison service acknowledged during the
year that pretrial detention, bail, and recordkeeping procedures were
inadequate and announced efforts to improve their systems and lessen
the possibility of prisoners serving time in excess of their sentences
or maximum legal detention periods.

d. Arbitrary Arrest or Detention.--While the constitution and law
prohibit arbitrary arrest and detention, both practices continued to
occur.

Role of the Police and Security Apparatus.--Forces under the
Ministry of Interior, including the Criminal Investigative Police
(PIC), the national police (PRM), and the Rapid Intervention Force
(FIR), are responsible for internal security. An additional security
body, the State Information and Security Service, reports directly to
the president. The Casa Militar (Presidential Guard) provides security
for the president. The armed forces are responsible for external
security.
Police routinely removed their identification at checkpoints after
dark and refused to identify themselves or their police precincts.
For example, the following incidents involving police occurred: (1)
on January 15, two police officers in Nampula robbed an armored car;
(2) on April 11, eight police officers in Zambezia were dismissed after
being convicted of crimes; (3) on February 3, a total of 16 police
officers in Sofala were dismissed due to criminal acts; and (4) on
March 30, three recent police graduates in Manica were arrested for
breaking and entering a local residence.
The most common reasons for disciplinary action, according to
Maputo's police chief, were collaboration with criminals, extortion of
goods and money, excessive alcohol consumption, and abandonment of
post. In May 2009 police officials told AI that 356 police officers had
been disciplined since 2005 for breaching disciplinary regulations. Of
these, 108 were expelled from the police force, and 37 were convicted
of criminal offenses. AI stated, however, police discipline was
inadequate and prosecution rare.
Implementation of the 2003-12 strategic plan of action and
modernization for the PRM continued; seven of its nine ``guiding
principles'' reflected respect for human rights. While the plan
acknowledged the problem of abuse of police powers, it made no specific
provision for ensuring greater accountability for such abuses.

Arrest Procedures and Treatment While in Detention.--Although the
law provides that persons be arrested with warrants issued by a judge
or prosecutor (except persons caught in the act of committing a crime),
police continued to arrest and detain citizens arbitrarily. By law the
maximum length of investigative detention without a warrant is 48
hours, during which time a detainee has the right to judicial review of
the case. The individual may be detained another 90 days while the PIC
continues its investigation. When a person is accused of a crime
carrying a sentence of more than eight years, the individual may be
detained up to an additional 84 days without being charged formally.
With court approval, such detainees may be held for two more periods of
84 days each without charge while the police complete their
investigation. The law provides that when the prescribed period for
investigation has been completed and no charges have been brought, the
detainee must be released. In many cases the authorities either were
unaware of these regulations or ignored them, often also ignoring a
detainee's constitutional right to counsel and to contact relatives or
friends. The law provides that citizens have access to the courts as
well as the right to representation, regardless of ability to pay for
such services. However, due to a shortage of legal professionals,
indigent defendants frequently had no legal representation.
The bail system remained poorly defined. Prisoners, their families,
and NGOs continued to complain that police and prison officials
demanded bribes for releasing prisoners.
Excessively long pretrial detention continued to be a serious
problem, due in part to an inadequate number of judges and prosecutors
and poor communication among authorities. Approximately 34 percent of
the inmates were in pretrial detention. In many cases authorities held
inmates in the prison system for more than three years before their
trials began. Media reported a case of one pretrial detainee in a
Maputo prison who had been waiting for more than five years for his
trial to begin.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, according to civil society
groups, the executive branch and the ruling Front for the Liberation of
Mozambique (Frelimo) heavily influenced an understaffed and
inadequately trained judiciary, particularly in the lower tiers. The
judicial system continued to suffer from a lack of transparency and
often did not comply with the principles of promotion and protection of
human rights.
Intermediate appeals court and district court judges may rule on
criminal cases with penalties ranging between eight and 12 years'
imprisonment. Alternative measures such as work brigades, conditional
release for prisoners who have completed half of their sentences, and
traveling tribunals continued to be employed.

Trial Procedures.--Persons accused of crimes against the Government
are tried publicly in regular civilian courts under standard criminal
judicial procedures. Members of the media may attend trials, although
space limitations excluded the general public. A judge may order a
trial closed to the media in the interest of national security or to
protect the privacy of the plaintiff in a sexual assault case. Article
12 of the judicial organization law ``prohibits the production and
public transmission of images and sounds at trials.'' There is no trial
by jury.
In regular courts accused persons are presumed innocent and have
the right to legal counsel and appeal; however, authorities did not
always respect these rights. Although the law specifically provides for
public defenders for the accused, such assistance generally was not
available in practice, particularly in rural areas. In some instances
prisoners were required to pay their legal aid attorneys to persuade
them to provide ``free'' legal assistance.
The Mozambican Legal Aid Institute, an organization under the
Ministry of Justice, worked to ensure that accused persons were
provided with court-appointed legal counsel if requested. However, due
to a lack of trained lawyers, this was rarely possible. The LDH
reported that most citizens remained unaware of this right, and many
had no access to legal counsel. Some NGOs offered limited legal counsel
at little or no cost to both defendants and prisoners. Only judges or
lawyers may confront or question witnesses, although all citizens have
a right to self-defense. As such, they are allowed to present witnesses
and evidence on their own behalf and have access to government-held
evidence.
Outside the formal court system, local customary courts and
traditional authority figures often adjudicated matters such as estate
and divorce cases. Local arbiters with no formal training presided at
customary courts.

Political Prisoners and Detainees.--Unlike the previous year, there
were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies.--While the law provides for
an independent and impartial judiciary in civil matters, in practice
the judiciary was subject to political interference. Although in theory
citizens have access to courts to bring lawsuits seeking damages for,
or cessation of, human rights violations, in practice this did not
occur.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.
However, opposition party members alleged that government intelligence
services and ruling party activists continued without warrants to
monitor telephone calls and e-mails, conduct surveillance of their
offices, follow opposition members, use informants, and disrupt party
activities in certain areas, including in Gaza and Zambezia provinces.
By law police are required to be in possession of a warrant to
enter homes and businesses, but this practice was not always followed.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and statutes
provide for freedom of speech and of the press and the Government
generally respected these rights in practice. Individuals can generally
criticize the Government publicly or privately without reprisal;
however, some persons expressed fear that the Government monitored
their private telephone and e-mail communications. Some journalists
reported receiving anonymous threats. In response to the violent
protests which occurred on September 1 and 2, the Government disabled
the local cell phone-texting system, the protesters' primary method of
communication, and subsequently required that all purchasers and owners
of prepaid cell phones register with cell service providers.
On February 10, the Media Institute for Southern Africa (MISA)
reported that despite the press freedom guarantees in the constitution
and the 1991 Press Law, other legislation inhibits the media. For
example, a clause in the law on crimes against state security treats
libel against the president, prime minister, and other senior political
and judicial figures as a security offense.
On February 10 and other occasions, the press reported that
journalists attempting to interview opposition leader Afonso Dhlakama
were threatened, harassed, and intimidated by members of the national
police (PRM) stationed outside his residence.
On March 15, Escorpiao reported the Gondola district police
commander in Manica Province threatened the local MISA president and
other journalists for printing unflattering reports about him.
On May 20, Salomao Moyana, editor of Magazine Independente (MI),
reported receiving death threats. Also in May a MISA-Mozambique report
cited frequent anonymous threats to journalists.
During the civil unrest of September 1-2, some officials accused
local independent television station STV of giving the demonstrators
excessive coverage. For several hours, SOICO Televisao (STV) and the
Government station Televisao de Mocambique (TVM) halted coverage of the
demonstrations, reportedly at the behest of government officials.
By some estimates newspapers reached approximately one million of
the country's 22.4 million citizens. The print media was published
exclusively in the Portuguese language and was thus not accessible to a
majority of the population. The Government maintained majority
ownership of Noticias, the main newspaper and one of three dailies with
nationwide distribution. Noticias, Diario de Mocambique, and the weekly
Domingo largely mirrored the views of the ruling party. O Pais and
Savana, among others, reported news items critical of government
policies.
Some journalists reported self-censorship amongst media
practitioners and were hesitant to report on sensitive topics. Some
media officials believed a connection existed between critical
reporting and cancellation of government and ruling party advertising
contracts. The largest advertising revenue streams for local media come
from government ministries and state-controlled businesses.
International media were allowed to operate freely.
Numerous private community and regional radio stations operated
throughout the country. Radio Mocambique, which received 60 percent of
its operating budget from the Government, was the most influential
media service with the largest audience. Although it broadcast debates
on important issues, Radio Mocambique tended to invite participants who
were less critical of the Government.
The Government supplied more than half of the operating budget of
TVM, the television station that contends with STV for the largest
viewership. TVM's news coverage demonstrated a bias favoring the
incumbent government and ruling party Frelimo.

Internet Freedom.--Internet access was modest, and online
communications did not play a significant role. Although there were no
government restrictions on access to the Internet, opposition party
members reported that government intelligence agents monitored e-mail.
There were no confirmed instances of the Government attempting to
collect personally identifiable information of a person. Individuals
and groups could engage in the peaceful expression of views via the
Internet, including by e-mail and through political blogs, as well as
small-scale use of social media. While public access to the Internet
continued to expand, particularly in the larger cities, lack of
infrastructure in rural areas and installation costs limited overall
use. Cell phones were widely available and frequently used, including
for text messaging. According to International Telecommunication Union
statistics for 2008, approximately 1.5 percent of the country's
inhabitants used the Internet.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly.
Although the Government generally respected this right in practice, in
August police stopped a demonstration called by war veterans demanding
better living conditions and jailed its leader, whom they subsequently
released.
In September demonstrators in several cities protested price
increases on basic foodstuffs, water, and energy. Some erected
barricades, burned tires, set cars on fire, threw stones at passing
motorists, looted stores, and vandalized government offices, including
power purchase outlets. Police used tear gas, rubber bullets, and live
ammunition, and shot and killed between 13 and 18 persons in Maputo and
Matola; several hundred others were also injured. Several dead and
wounded were also reported in the central provinces of Manica and
Sofala. AI called upon the Government to cease the use of live
ammunition, and several local human rights groups criticized the
Government for improper use of deadly force, as well as poor tactics,
untrained personnel, and lack of preparation. The Center for Public
Integrity (CIP) called the police ``unprepared, ill-trained and
corrupt.'' There were no further developments by year's end. However,
on October 12, President Guebuza announced the transfer of Interior
Minister Pacheco to the post of minister of agriculture.

Freedom of Association.--The constitution and law generally provide
for freedom of association, and the Government generally respected this
right in practice.

c. Freedom of Religion.--For a description of religious freedom,
please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/rls/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--While the law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, the Government sometimes infringed upon these rights in
practice.
Traffic checkpoints are under the jurisdiction of traffic police.
Checkpoints occasionally affected freedom of movement, and according to
press reports, authorities often abused and demanded bribes from
citizens at them. Police sometimes stopped foreigners and ordered them
to present original passports or resident papers, refused to accept
notarized copies, and fined or detained those who failed to show proper
documents. Police also routinely harassed, detained, and extorted
bribes from local citizens for failure to carry identity papers.
The Government respected the law forbidding forced exile.

Elections and Political Participation.--In November 2009 the
National Elections Commission (CNE) announced that Armando Guebuza of
the ruling Frelimo party had been elected president in the October
multiparty general elections. While domestic and international
observers noted that voting day procedures generally followed
international norms, they also documented irregularities during voter
registration, the campaign, and in the vote count. Frelimo used
significant state funds and resources for campaign purposes, in
violation of electoral law.
The main opposition parties, Renamo and Democratic Movement of
Mozambique (MDM), complained of election fraud and noted Frelimo
agitators and provocateurs routinely disrupted campaign stops, drowning
out speakers and candidates by revving motors, playing instruments,
shouting, and occasionally throwing stones. They alleged local
authorities failed to respond to such provocative acts and that Frelimo
candidates suffered no such impediments during their campaigns.
Opposition parties also accused Frelimo of using state funds and
resources for campaign purposes, in violation of electoral law, as was
corroborated by independent reporting.
The Electoral Institute for Southern Africa (EISA) questioned the
transparency, integrity, impartiality, and independence of the CNE.
EISA noted that improvements were required to ``level the playing
field, afford equal opportunity to all, and improve the transparency of
the electoral process.'' The CNE disqualified several political parties
and candidates from participating in legislative elections. The MDM,
for example, was stricken from nine of 13 legislative districts. The
CNE's action, which included backdating documents and other
questionable acts, provoked protests from the diplomatic community,
objections by civil society, and extensive commentary in the media.
Also the Constitutional Council (CC) disqualified six of nine
presidential candidates for application irregularities. In
contravention of law and its own past practice, the CC did not provide
the rejected candidates with notice or an opportunity to respond.
In response to these various actions by the CC and the CNE, the CIP
called for an independent audit of electoral processes and highlighted
several significant flaws in the electoral process. Under an agreed-
upon set of governance initiatives reached in March, the Government
granted MDM formal status in the National Assembly, which entitled its
eight members of parliament to certain financial and logistical
support, and the Government committed to enacting a new electoral law.
The Government announced a two-year legislative process to achieve this
electoral reform.
Frelimo and the executive branch continue to dominate the political
process and their influence continued to grow. In the October 2009
elections, Frelimo secured approximately 75 percent of the presidential
vote and more than 75 percent of the seats in parliament. Frelimo
mayors were elected in 42 of 43 municipalities, and it was the largest
party in municipal assemblies, controlling 79.8 percent of all seats.
Frelimo gained a sufficient majority in the National Assembly to amend
the constitution without the support of other parties.
During the year opposition political parties were permitted to
operate but were sometimes subject to some restrictions including
unlawful arrest, and other interference by the ruling party and the
Government. In September, following violent protests in Maputo, police
arrested several Renamo members in Nampula, accusing them of making
further preparations for violent protests. Renamo sources said the
members had been organizing local party meetings unconnected to the
protests. All those detained were subsequently released.
Women, such as the former prime minister and members of many ethnic
groups, held key positions in both the legislative and executive
branches. There was no evidence that women or specific ethnic groups
were excluded from participation in the political process. Eight of the
29 ministers were women. Women held 91 of 250 seats in the National
Assembly. The National Assembly also had an office dedicated to raising
awareness of women's issues, including family law, domestic violence,
and antitrafficking in persons measures. There were no women on the
Supreme Court.
Section 4. Official Corruption and Government Transparency
While the law provides criminal penalties for official corruption,
the Government often did not implement the law effectively, and
officials engaged in corrupt practices with impunity. Corruption in the
executive and legislative branches was generally perceived to be
widespread. The World Bank's Worldwide Governance Indicators reflected
that corruption was a serious problem. Petty corruption by low-level
government officials to supplement low salaries and high-level
corruption by a small group of politically and economically connected
elites continued to be the norm. In some cases high-level bribery was
related to narcotics trafficking.
On April 23, Noticias reported that in the district of Muanze in
Sofala Province, a local administrator lamented the losses attributable
to nonexistent teachers and civil servants.
On May 4, Ministry of Education spokesperson Manuel Rego,
acknowledged that ministry functionaries engaged in sexual harassment
of students and demanded from students illegal payments to matriculate,
to pass, and to receive better grades, among other matters.
On May 10, the daily Escorpiao reported that Customs Director
Orlando Jose, widely regarded as active in combating corruption, was
murdered by unknown assailants suspected of links to organized crime
and corrupt officials. There were no further developments by year's
end.
On November 30, the Maputo Provincial Court, sitting in nearby
Matola, sentenced 16 civil servants to prison terms between three and
21 years for corrupt schemes that resulted in the theft of about 2.8
million meticais ($82,000).
On December 7, two senior executives of the national data
processing center were convicted of embezzling approximately 3.3
million meticais ($97,000) and sentenced to jail terms of 12 years.
On December 9, former interior minister Almerino Manhenje and two
associates were tried for stealing approximately 1.2 million meticais
($35,000). The verdict was pending at year's end.
There were no further developments in any of the following cases of
corruption from 2009: the chairperson and others associated with the
Mozambican Airports Company charged with diversion of state funds; four
officials from Tete's Provincial Directorate of Planning and Finance
charged with embezzlement; five employees of the Manica Provincial
Department of Finance charged with illegally obtaining state funds; and
the 2007 and 2008 corruption investigations of the deputy director of
Maputo Central Prison and six health services administrators in Cabo
Delgado Province.
Corruption and extortion by police were widespread, and impunity
remained a serious problem. Police regularly detained persons for
arbitrary reasons and demanded identification documents solely to
extort payments. Many crime victims reportedly declined to seek police
assistance because of expected demands for bribes and a lack of
confidence that the police would help. Corruption largely resulted from
a lack of checks and balances, minimal accountability, and a culture of
impunity. Local NGOs, such as the CIP, and media groups continued to be
the main civic forces fighting corruption, reporting on and
investigating numerous corruption cases.
The law requires that all members of the Government declare and
report their assets with the Constitutional Council, but it does not
require that such information be made available to the general public.
Consequently, the general public does not know whether the required
declarations and reports have been submitted.
The Central Office for the Combat of Corruption functions as an
autonomous unit under the Attorney General's Office with its own state
budget. It investigates theft of state funds in the central government
and in provincial administrations.
There are no laws providing for public access to government
information, and in practice the Government failed to respond to
citizens' requests for or restricted citizens' access to government
information.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Although at times
slow, government officials often were cooperative and responsive to the
views of domestic and international human rights groups. The
registration and activities of foreign NGOs are subject to governmental
regulation. Some foreign NGOs and religious groups reported that such
registration regularly required several months.
In August 2009 the Ministry of Justice agreed to work with the UN
to draft and issue in 2011 its own human rights report. There were no
progress reports issued during the year.
Despite a 2005 constitutional amendment creating an independent
ombudsman position to investigate allegations of abuses, including
human rights violations, no person had been named to the position by
year's end.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, disability, language, or social status, but in practice
discrimination persisted against women and persons with HIV/AIDS.

Women.--The law prohibits rape, including spousal rape, but it was
not effectively enforced. Penalties range from two to eight years'
imprisonment if the victim is 12 years of age or older and eight to 12
years' imprisonment if the victim is under the age of 12. While there
were no official estimates as to the extent of spousal rape, it was
regarded as a common problem. According to NGO reports, many families
preferred to settle such matters privately through financial
remuneration rather than through the formal judicial system. There were
no reports of rape cases prosecuted during the year.
In July 2009 parliament passed a domestic violence law that
prohibits violence against women and nonconsensual sex, including
between married individuals. The law also provides penalties of up to
12 years' imprisonment for engaging in sexual activity while knowingly
infected with a contagious disease. No cases were brought to trial
during the year.
Domestic violence against women, particularly spousal rape and
beatings, remained widespread, and despite the new domestic violence
law, NGOs reported that many women believed it was acceptable for their
husbands to beat them. Cultural pressures discouraged women from taking
legal action against abusive spouses. On April 20, the Ministry of
Women and Social Action (MIMAS) acknowledged that a national plan
approved in 2008 to combat violence against women had been announced
but not yet implemented in five provinces--Niassa, Tete, Sofala,
Inhambane, and Gaza, and in Maputo City--and was altogether unknown in
the rest of the country. MIMAS Minister Yolanda Cintura suggested that
the plan would be implemented in ``a few years.'' A survey indicated
that 21 percent of female respondents reported an act of physical or
sexual violence perpetrated by a man during the past year.
On June 25, O Pais reported that violence against women and
children was increasing. During the first quarter of the year, more
than 1,700 cases were reported.
The Government and NGOs often worked together to combat domestic
violence. The PRM operated special women's and children's units in
police squadrons that received high numbers of cases of domestic
violence, sexual assault, and violence against children; the units
provided assistance to victims and their families. All of the 30 police
squadrons in Maputo had women's and children's centers. In addition,
all police squadrons in the country are in the process of installing a
``green line'' (a free telephone line) to receive complaints of
violence against women and children. The lines were not fully
operational by year's end.
Sexual harassment is illegal; however, it was pervasive in
business, government, and schools. Although no formal data existed, the
media reported numerous instances of harassment during the year. The
relevant sexual harassment law is based on the 1920s Portuguese penal
code; sexual harassment charges are usually regarded as acts of
``indecency'' with a maximum penalty of two years' imprisonment.
The Government generally recognized the right of couples and
individuals to decide the number and timing of their children. Health
clinics and local NGOs were permitted to operate freely in
disseminating information on family planning under the guidance of
MIMAS. There were no restrictions on the right to contraceptives, but
the continued high rate of HIV/AIDS suggested that they were not
sufficiently used. The UN Population Fund (UNFPA) estimated that
approximately 17 percent of married women between the ages of 15 and 49
used some form of contraception. Because there were few doctors and
nurses in the country, most women gave birth at home and received
little or no prenatal and postnatal care, unless the mother or child
suffered health complications.
A May 5 Ministry of Health study concluded that more than 11 women
died daily due to pregnancy-related complications, and that three-
fourths of such deaths were preventable. The UNFPA estimated the
maternal mortality ratio (the ratio of the number of maternal deaths
per 100,000 live births) to be 550 in 2008. The Population Reference
Bureau estimated that approximately 44 percent of births were attended
by skilled personnel.
Men and women received equal access to diagnosis and treatment for
sexually transmitted infections, including HIV/AIDS.
``Purification,'' whereby a widow is obligated to have unprotected
sex with a member of her deceased husband's family, continued to be
practiced, particularly in rural areas. A Save the Children report on
inheritance practices noted that 60 percent of women cited
discrimination in the inheritance process and highlighted cases in
which women lost inheritance rights for not being ``purified''
following the death of their husbands.
With the exception of some ethnic and religious groups, the groom's
family provided a dowry to the bride's family, usually in the form of
money, livestock, or other goods. Among Muslims, the bride's family
usually paid for the wedding and provided gifts. Some believed that
these exchanges contributed to violence against women and other
inequalities, due to the perception that the women subsequently were
``owned'' by their husbands.
The Family Law, which took effect in 2005, sets the minimum age of
marriage for both genders at 18 for those with parental consent, and 21
for those without it. The law also eliminates husbands' de facto status
as heads of family, and legalizes civil, religious, and common-law
unions. While the law does not recognize new cases of polygamy, it
grants women already in polygamous marriages full marital and
inheritance rights. The law more precisely defines women's legal rights
with regard to property, child custody, and other issues. However,
nearly five years after taking effect, a survey conducted by the NGO
MULEIDE found that approximately 63 percent of women remained
uninformed about the law.
Customary law was practiced in many areas. In some regions,
particularly the northern provinces, women had limited access to the
formal judicial system for enforcement of rights provided under the
civil code and instead relied on customary law to settle disputes.
Under customary law women have no rights to inherit an interest in
land.
Women continued to experience economic discrimination, and they
were three times less likely than men to be represented in the public
and formal private employment sectors. They often received lower pay
than men for the same work and were less likely to have access to
credit.

Children.--Citizenship can be obtained by birth either in the
country or of a citizen parent. Particularly in rural areas, births
often were not registered immediately. Children who wish to start
school at age six must be registered. Failure to register can also
prevent one from obtaining health care and public documents, such as
identity cards or passports.
Education is compulsory through age 12, but enforcement was
inconsistent. Public education tuition is free, but most families paid
enrollment fees for each child and purchased books, uniforms, and other
school supplies. Children who have a certificate that testifies that
their parents' incomes are below a certain level are exempt from fees,
but for most families, fees and associated costs remained a significant
financial burden. Despite joint government-NGO initiatives in some
localities and districts to improve girls' school attendance, Save the
Children's May 5 Report on Mothers noted that school attendance for
girls continues to be significantly lower than for boys, especially at
the secondary and higher levels.
The UN Children's Fund noted that child abuse was a growing
concern. Most child abuse cases involved sexual abuse, physical abuse,
or negligence. Several cases of fathers sexually abusing their
daughters were reported. Sexual abuse in schools was a growing problem.
There were numerous press reports during the year focusing on the large
numbers of high school-age girls becoming pregnant as a result of being
coerced into having sex by their teachers.
Local custom, primarily in the northern provinces and in Muslim and
South Asian communities, allowed underage marriage. Without specifying
prison terms or fine amounts, the law prohibits pornography, child
prostitution, and sexual abuse of children under 16; however,
exploitation of children below the age of 15 and child prostitution
remained a problem. No instances of prosecution were reported. Child
prostitution appeared to be most prevalent in Maputo, Nampula, Beira,
at border towns, and at overnight stopping points along key
transportation routes. Child prostitution reportedly was growing in the
Maputo, Beira, Chimoio, and Nacala areas, which had highly mobile
populations and a large number of transport workers. Child prostitution
also was reported in Sofala and Zambezia provinces. Some NGOs provided
health care, counseling, and training in other vocations to children
engaged in prostitution.
Zimbabwean children, many of whom entered the country alone,
continued to face labor exploitation and discrimination. They lacked
protection due to inadequate documentation and had limited access to
schools and other social welfare institutions. Coercion, both physical
and economic, of Zimbabwean girls into the sex industry was common,
particularly in Manica Province.
Child beggars, who appeared to be living on the streets, were
visible in major urban areas, but no nationwide figures were available.
Several government agencies, including the Ministry of Health and
the Ministry of Women and Social Action, implemented programs to
provide health assistance and vocational education for HIV/AIDS
orphans, but as parents continued to die, the number of orphans
increased.
The Maputo City Office of Women and Social Action continued its
program to rescue abandoned orphans and assist single mothers who
headed families of three or more persons. It also offered special
classes in local schools to children of broken homes. NGOs sponsored
food, shelter, and education programs in all major cities.
While the Government continued to stress the importance of
children's rights and welfare, significant problems remained. In 2008
the National Assembly passed a law on child protection. The law
contains sections dealing with protection against physical and sexual
abuse; removal from parents who are unable to defend, assist, and
educate them; and the establishment of minors' courts to deal with
matters of adoption, maintenance, and regulating parental power. By
year's end no cases had been taken to court.
The Network against the Abuse of Minors (Rede Came) continued its
efforts to put into practice the child protection law's provisions. It
maintained a hotline call center and responded to hundreds of calls but
lacked the resources to deliver meaningful assistance on a large scale.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--There was a very small Jewish population, and there
were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The constitution and law stipulate that
citizens with disabilities shall fully enjoy the same rights as all
other citizens. However, the Government provided few resources to
implement this provision, and persons with disabilities frequently
could be seen begging at traffic intersections, often accompanied by
able-bodied persons. Discrimination was common against persons with
disabilities in employment, education, access to health care, and the
provision of other state services. The law does not mandate access to
buildings for persons with disabilities, but the Ministry of Public
Works and Habitation worked to ensure that public buildings in Maputo
city provided access for persons with disabilities. Electoral law
provides for the needs of voters with disabilities in the polling
booths.
Concerns of persons with disabilities included lack of access to
socioeconomic opportunities and employment, limited access to buildings
and transportation, and a lack of wheelchairs. Facilities with special
access were rare. There were few job opportunities for persons with
disabilities in the formal sector.
The country's only psychiatric hospital was overwhelmed with
patients and lacked the means to guarantee basic nutrition, medicine,
or shelter. Doctors at the hospital also reported that many families
abandoned members with disabilities.
Veterans with disabilities continued to complain about not
receiving pensions.
The Ministry of Women and Social Action is responsible for
protecting the rights of persons with disabilities. The four-year
National Action Plan in the Area of Disabilities announced in 2006 had
not received any financing for implementation by year's end.
The city of Maputo offered free bus passes to persons with
disabilities.

National/Racial/Ethnic Minorities.--There were reports of tension
between Chinese guest workers, often employed in construction, and
citizens in the cities of Maputo and Beira. There were reports also of
mistreatment by Chinese companies of local employees. For example, on
May 5, Noticias reported that Minister of Labor Helena Taipo had
cancelled the work permit of one Ding Zhengming for abusing domestic
employees at CCM Construction Ltd. in Maputo.
There were reports of discrimination by police against Zimbabwean
and Somali immigrants during the year.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There were occasional reports
of such discrimination, and the LDH reported cases of discrimination
against gay men and lesbians in the courts. The Workers Law includes an
article that prevents discrimination in the workplace based on a number
of factors, including sexual orientation.
The Government does not track and report discrimination or crimes
against individuals based on sexual orientation or gender identity, nor
were such abuses reported in the media.

Other Societal Violence or Discrimination.--The law prohibits
discrimination against workers on the basis of HIV/AIDS status, and the
Ministry of Labor generally intervened in cases of perceived
discrimination by employers. The Ministry of Labor reported receiving
more than 100 cases annually of workers being dismissed by their
employers for having HIV/AIDS. Often workers were obligated by the
employer to take HIV/AIDS tests. In response to these violations, the
ministry registered the complaints and confronted companies responsible
for dismissals.
Kukuyana, a national network of women with HIV/AIDS, reported that
many women were expelled from their homes and/or abandoned by their
husbands and relatives because they were HIV positive. It also reported
that some women who were widowed by HIV/AIDS were accused of being
witches who purposely killed their husbands to acquire belongings, and
in retribution they were deprived of all possessions.
Because some traditional healers assert that their body parts
contained special curative or sexual strength, persons with albinism
were the subject of violent attacks that resulted in mutilation or
death. LDH researchers reported that attacks had increased and that
children were frequent victims of these mutilations.
Section 7. Worker Rights

a. The Right of Association.--The constitution and law provide that
all workers are free to form and join a trade union of their choice
without previous authorization or excessive requirements, except for
firefighters, members of the judicial authorities, and prison guards;
workers exercised these rights in practice. Because the Mozambican
Workers Association rarely, if ever, takes action to defend workers'
rights, some unions alleged the Association was under the influence of
Frelimo and the Government. By law both private and public workers are
permitted to form unions and to strike. Concerted work actions, such as
strikes, were infrequent but did occur.
On June 6, workers went on strike for 24 days against their Chinese
employer at the site of new national stadium in the Maputo suburb of
Zimpeto. They did not receive the demanded pay increase of 20 percent,
but the employer did agree to make available bread and tea for work
days exceeding eight hours, and to pay wages for the days not worked
during the strike. Chinese counterparts of the local workers did not
participate in the strike.

b. The Right to Organize and Bargain Collectively.--Although the
law provides for the right of workers to organize and engage in
collective bargaining, such contracts covered less than 2 percent of
the work force. Unions were responsible for negotiating wage increases.
The law prohibits antiunion discrimination; however, there were
reports that many companies continued to engage in antiunion
discrimination by replacing persons at the end of contracts, dismissing
workers for striking, and not abiding by collective bargaining
agreements.
There are no special laws or exemption from regular labor laws in
the export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children. Nonetheless,
domestic servitude occurred. There were also numerous reports of
children forced to work as domestic workers and in the agricultural
sector.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits child labor; however, it remained a problem. In the
formal economy, the minimum working age without restrictions is 18
years of age. The law permits children between ages 15 and 18 to work,
but the employer is required to provide for their education and
professional training and to ensure that conditions of work are not
damaging to their physical and moral development. Children between the
ages of 12 and 15 are permitted to work under special conditions
authorized jointly by the Ministries of Labor, Health, and Education.
For children under the age of 18, the maximum workweek is 38 hours, the
maximum workday is seven hours, and they are not permitted to work in
occupations that are unhealthy or dangerous or require significant
physical effort. Children must undergo a medical examination before
beginning work. By law children must be paid at least the minimum wage
or a minimum of two-thirds of the adult salary, whichever is higher.
Although the law prohibits forced and bonded labor by children, it
was considered to be a common problem, especially in rural areas. Often
out of economic necessity, especially in rural areas, parents often
forced their children to work, particularly in commercial agriculture,
as domestic employees, or in prostitution. Children, including those
under age 15, commonly worked on family farms in seasonal harvests or
on commercial plantations, where they picked cotton or tea leaves and
were paid on a piecework basis for work completed rather than an hourly
minimum wage.
On June 14, Noticias reported that the International Labor
Organization, as part of its 98th annual conference in Geneva, pointed
to the country as ``one of the countries that has the highest rate of
child labor'' in the world.
The Ministry of Labor regulates child labor in both the informal
and formal sectors. Labor inspectors may obtain court orders and use
police to enforce compliance with child labor provisions. Violations of
child labor provisions are punishable with fines ranging from one to 40
months of salary at minimum wage. Enforcement mechanisms generally were
adequate in the formal sector but remained poor in the informal sector.
The labor inspectorate and police forces lacked adequate staff, funds,
and training to investigate child labor cases, especially in areas
outside the capital where a majority of the abuses occurred. Although
the Government provided training for police on child prostitution and
abuse, there was no specialized child labor training for the labor
inspectorate. The Government disseminated information and provided
education about the dangers of child labor to the general public.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip

e. Acceptable Conditions of Work.--Trade unions estimated that a
minimum livable monthly wage to provide for a family of five was
approximately 6,460 meticais ($189). There are 11 different minimum
wages averaging approximately 2,300 meticais ($68) across nine
employment sectors: agriculture; mining; fisheries; manufacturing;
electricity, gas and water; construction; financial; nonfinancial; and
state employees. The national minimum wage does not provide an adequate
standard of living for a worker and family.
Although the industrial sector frequently paid above minimum wage,
there were few industrial jobs outside of the Maputo area. In addition
less than 10 percent of workers held salaried positions, and the
majority of the labor force worked in subsistence farming. Many workers
used a variety of strategies to survive, including holding a second
job, maintaining their own gardens, or depending on the income of other
family members.
The Ministry of Labor is responsible for enforcing the minimum wage
rates in the private sector and the Ministry of Finance in the public
sector. Violations of minimum wage rates usually were investigated only
after workers registered a complaint. Workers generally received
benefits, such as transportation and food, in addition to wages. The
standard legal workweek is 40 hours but can be extended to 48 hours.
After 48 hours overtime must be paid at 50 percent over the base hourly
salary. Overtime is limited by law to two hours per day and 100 hours
per year. The law provides for one hour of rest per day. Foreign
workers are protected under the law.
On April 27, Minister of Labor Helena Taipo cancelled the work
permit of a Zimbabwean citizen, Stewart Goss, for abusing local workers
in Manica and Tete provinces, and for limiting trade union activity and
freedom of speech.
On May 28, the Mozambican News Agency reported that workers at the
Maputo International Airport accused their employer, Anhui Foreign
Economic Construction, of beatings, firing without cause, and failing
to enroll them in the social security system.
On June 28, the Ministry of Labor announced fines against 44
companies for requiring their employees to work on the Mozambican
Independence Day holiday.
On July 8, Noticias reported 150 workers on the National Highway 1
near Xai Xai in Gaza Province had gone on strike to protest a lack of
formal employment contracts, failure to pay overtime, failure to
provide medical care or medications, firing without cause, and physical
abuse.
Frequent worker complaints included failure by employers to deposit
social security contributions that had been deducted from wages,
inability to obtain social security benefits, unlawful firings, and
intimidation of union members.
In the small formal sector, health and environmental laws were in
place to protect workers; however, the Ministry of Labor did not
effectively enforce these laws, and the Government only occasionally
closed firms for noncompliance. There continued to be significant
violations of labor laws in many companies and services.
Foreign experts, including much-needed medical professionals,
continued to have difficulty obtaining work visas.
In theory workers have the right to remove themselves from
situations that endangered their health and safety without jeopardy to
their employment; in practice, however, threats of dismissal and peer
pressure restricted this right. There were no special provisions for
foreign and migrant workers.

__________

NAMIBIA

Namibia is a multiparty democracy with a population of
approximately 2.2 million. The presidential and parliamentary elections
held in November 2009 resulted in the reelection of President
Hifikepunye Pohamba and the retention by the ruling South West Africa
People's Organization (SWAPO) of its parliamentary majority. Despite
some irregularities, international observers characterized the election
as generally free and fair. In March the High Court dismissed a
challenge to the election outcome filed by nine opposition parties;
however, in September the Supreme Court overturned the decision and
sent the case back to the High Court, where the case remained pending
at year's end. Security forces reported to civilian authorities.
Human rights problems included police use of excessive force;
prison overcrowding and poor conditions in detention centers; arbitrary
arrest, prolonged pretrial detention, and long delays in trials;
criticism of nongovernmental organizations (NGOs); harassment and
political intimidation of opposition members; and official corruption.
Societal abuses included violence against women and children, including
rape and child abuse; discrimination against women, ethnic minorities,
and indigenous people; child trafficking; discrimination and violence
based on sexual orientation and gender identity; and child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
There were no developments in the 2008 case in which a police
officer shot and killed a demonstrator who stabbed a police constable
during a political rally.
On April 22, seven of the nine police officers accused of killing a
suspect during interrogation in 2006 were found guilty of culpable
homicide, assault with intent to do grievous bodily harm, and
obstructing the course of justice. Five of the officers were fined
10,000 Namibian dollars ($1,430) each; the other two were each fined
8,000 Namibian dollars ($1,144).
The Government took no action during the year to investigate five
of six mass graves discovered in 2008 along the country's border with
Angola. In 2008 the Government investigated the sixth grave, which
contained the remains of five political activists who were killed
without trial by South African security forces in 1972; government
officials claimed the site was well known and did not represent a new
finding. In 2008 the UN requested the Government confirm allegations
filed by the National Society for Human Rights--renamed Namibian Rights
and Responsibilities, Inc. (NAMRIGHTS) during the year--that the graves
could be linked to ``enforced disappearances'' in the Caprivi and
Kavango regions between 1994 and 2003.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
police sometimes used excessive force when apprehending, interrogating,
and detaining criminal suspects.
During the year NAMRIGHTS accused Windhoek City police of
mistreating suspects, some of whom allegedly had been held in a secret
cell to allow time for their injuries to heal before they were handed
over to the Namibian Police Force (NAMPOL). In 2009 local media
reported the same allegation. Police denied the accusations, and no
investigation had been conducted by year's end.
On March 21, NAMPOL officers allegedly attacked and arrested Kamati
Ndeyanele, a bystander in a vigilante attack. According to NAMRIGHTS,
the officers were told they had arrested the wrong suspect but they
warned those concerned not to interfere or else risk serious
consequences. Kamati was detained and released the next day.
In May David Shidinifa, a captain in the Namibia Defense Force
(NDF), filed charges of assault and robbery against Windhoek City
police officers, who allegedly kicked and robbed him on May 8 of 3,000
Namibia dollars ($429) and 900 euros ($1,252) when they arrested him
for driving under the influence of alcohol. The trial had not begun by
year's end.
On July 12, two NAMPOL officers shot in the leg Victor Tutangane,
whom they mistakenly suspected of illegally crossing the border with
Zambia. According to NAMRIGHTS, police waited several hours before
taking Tutangane to the Katima Mulilo State Hospital, where he was
discharged the next day. Even after realizing that Tutangane was
innocent, police retained Tutangane's identity card and border pass,
which remained in police possession at year's end.
According to NAMRIGHTS, on the night of September 10, Windhoek City
police assaulted and beat John Haufila until he lost consciousness. The
attack occurred at the Wanaheda Police Station in view of NAMPOL
officers, who did not intervene, according to Haufila. NAMPOL officers
subsequently instructed city police to take Haufila to the hospital,
where police allegedly told doctors his injuries resulted from a fall,
according to Haufila. Police later opened a case against Haufila,
claiming he had prevented them from executing their duties. On
September 13, police released Haufila on bail, and the case was pending
at year's end.
In September the Namibian Press Agency and NAMRIGHTS reported that
a woman from the town of Helao Nafidi suffered a miscarriage as a
result of a September 4 assault by NAMPOL officers. NAMRIGHTS claimed
that three police officers assaulted the woman after accusing her
boyfriend of reckless driving. No charges were filed against the
officers.
The trial of four police officers accused of assaulting two
residents of Kalkrand in 2009 continued at year's end.
Unlike in 2009 there were no reports that police use of force to
disperse demonstrators resulted in injuries.

Prison and Detention Center Conditions.--Prisons were generally
overcrowded, and some were poorly maintained and lacked basic
sanitation; however, the Government continued to make significant
improvements during the year. Unlike in previous years, all prisoners--
although not pretrial detainees--had access to water, toiletries,
washing facilities, and three daily meals, according to the Ombudsman's
Office, which previously criticized prison conditions throughout the
country. Conditions in detention centers and police holding cells--
sometimes located inside prisons--remained poor, and there were reports
that guards at detention centers sometimes abused prisoners.
In December a former inmate at the Ondagwa Prison instituted legal
action against the Ministry of Health and Social Services after his
health deteriorated as a result of taking expired medicine prescribed
by the prison hospital staff. The trial had not begun by year's end.
On December 1, the country had a total prison population of 4,251
inmates in its 13 prisons, according to the Windhoek Observer
newspaper; the country's prisons were built to hold 4,475 inmates.
Nevertheless, overcrowding remained a problem in some of the country's
largest prisons. For example, Oluno Prison in the north was designed to
accommodate 557 inmates, but in December it held 1,013 prisoners.
Conditions in police holding cells were poor. After a June visit to
police holding cells in the south, Margaret Mensah-Williams, the vice
chairperson of the National Council, characterized conditions as
inhumane. Mensah-Williams cited dirty and cold cells, insufficient
blankets, poor food, unhygienic kitchen utensils and pots, poor
lighting in cells, and improperly functioning toilets. In September
there were 3,152 suspects in holding cells.
The Government would not comment on the deaths during the year of
three Caprivi detainees; 18 detainees have died since the majority of
suspects were arrested in 1999 (see section 1.e.).
Unlike in past years, there were no reports that detainees were
held with convicted prisoners, but juveniles in rural facilities were
sometimes held with adults.
There were no developments in the investigation of the 2009 sexual
assault of a 15-year-old boy imprisoned with adult males; the boy had
been arrested for theft.
Prisoners and detainees had reasonable access to visitors and were
permitted to participate in religious observances. Victims of prison
abuse were able to pursue legal remedies, although lengthy delays were
common.
For example, the trial of five Keetmanshoop police officers and
their station commander for negligence in connection with the 2007
death of Noel Thompson continued at year's end.
The Ombudsman's Office investigated credible allegations of
inhumane conditions, documented results, and made written
recommendations; however, it was not authorized to intervene in
individual cases. The Government investigated and monitored prison and
detention center conditions.
The Government continued to grant both local and international NGOs
regular access to prisons and prisoners. The International Committee of
the Red Cross (ICRC) and the Southern African Development Community
(SADC) Lawyers Association visited prisons and detention centers. The
Government required that media representatives seeking to visit prisons
apply in writing to the commissioner for prisons; however, the
Government rarely acceded to such requests.
Government initiatives to improve prison conditions continued.
During the year the Office of the Ombudsman reported improved
conditions in several prisons as a result of renovations; a 2008
ombudsman's report cited police cells for poor sanitary conditions,
overcrowding, insufficient food, unsafe infrastructure, and lack of
access to medical care and potable water. Prisoners in Gobabis,
Luderitz, Keetmanshoop, Walvis Bay, Swakopmund, and Hardap were
reportedly less crowded, had access to potable water, and were provided
toiletries. Prisoners also received three meals a day, although the
ombudsman received prisoner complaints about insufficient quantity of
food. A nurse at each prison cared for sick inmates and dispensed basic
medication. Inmates with serious health problems were referred to state
hospitals.
All prisoners, but not pretrial detainees, had the opportunity to
take adult literacy classes and coursework leading to a high school
diploma. Some inmates took university-level classes through a distance
education program during the year and had access to lecturers from the
country's universities as well as library privileges on some campuses.
At Windhoek Central Prison and the Elizabeth Nepemba Rehabilitation
Center, during the year the Government introduced a case management
system that classifies inmates according to risk (nature of crime and
length of sentence) and assigns housing, training, and counseling based
on this model. The pilot project was used an incentive system to
encourage good behavior.
At Windhoek Central Prison, the country's second largest
penitentiary, inmates were transferred during the year to reduce
overcrowding, and additional staff was hired to provide better
services. In addition to educational courses, counseling, and cognitive
skills classes, the prison conducted skills training workshops in car
mechanics, tailoring, upholstery, welding, and wood working to provide
inmates with marketable skills and to reduce recidivism. However,
pretrial detainees were ineligible to participate in any of the
prison's counseling, skills training, or academic offerings. During the
year the prison also instituted a substance abuse program for inmates
battling addition.
A pilot program to place youths in shelters and foster homes as an
alternative to incarceration was formalized during the year and became
an integral part of the prisons and rehabilitation services. During the
year the Government's community service program, which provides an
alternative to incarceration for adults and juveniles convicted of
petty crimes, also became an integral part of the prisons and
rehabilitation services. The NGO CHANGE, led by a former deputy
minister for prisons, offered counseling, skills training, and job
placement to former inmates.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest or detention; however, the Government did not
always observe these prohibitions.

Role of the Police and Security Apparatus.--NAMPOL, which has
approximately 12,000 employees, is under the Ministry of Safety and
Security. The NDF, which has approximately 16,000 members, is under the
Ministry of Defense. Both NAMPOL and the NDF were responsible for
internal security. NAMPOL is highly centralized with regional commands
responsible to the inspector general of police. Approximately half of
NAMPOL's overall complement is assigned to the Special Field Force
(SFF), a paramilitary unit composed primarily of combatants from the
former People's Liberation Army of Namibia. SFF members were assigned
to guard duty, checkpoints, and the maintenance of public order. Police
corruption and impunity were problems (see section 4). NAMPOL lacked
the resources, training, and personnel to effectively deter or
investigate street crime.
Police continued to receive human rights training designed by the
Windhoek-based NGO Legal Assistance Center (LAC). Some officers
attended training programs with human rights components, including
human trafficking, at the International Law Enforcement Academy in
Gaborone, Botswana.
According to NAMRIGHTS, police officers continued to threaten
prostitutes with arrest if they did not provide free sex.
In August NAMRIGHTS and the media reported that a 17-year-old girl
filed criminal and incest charges against her father, a police officer
in the Very Important Persons Protection Unit, who allegedly raped her
in June. NAMRIGHTS claimed that the police obstructed investigations
into the girl's case. The trial had not begun at year's end.

Arrest Procedures and Treatment While in Detention.--Arrest
warrants are not required in all cases, such as when a suspect is
apprehended during the commission of a crime. Persons arrested must be
informed of the reason for their arrest and brought before a magistrate
within 48 hours of their detention, but the Government did not always
respect these provisions in practice. Detainees generally were promptly
informed of the charges against them. Those accused are entitled to
defense by the legal counsel of their choice, and those who cannot
afford a lawyer are entitled to state-provided counsel. However, many
prisoners could not afford counsel, and indigent persons were not
always provided counsel primarily due to an insufficient number of
public defenders. There is a functioning bail system, and detainees
generally were allowed prompt access to family members. Under a state
of emergency, however, the constitution permits detention without
trial, although the names of detainees must be published in the
Government's gazette within 14 days, and an advisory board appointed by
the president must review their cases.
The Government abused and arbitrarily arrested persons during the
year (see section 1.c.). NAMRIGHTS recorded 10 cases of arbitrary
arrest during the year.
No action was taken against Windhoek City police who in February
2009 allegedly assaulted, arrested, and detained without charge
Timoteus Amunyela.
There were no developments in the 2009 incident in which an
intoxicated police officer allegedly arbitrarily arrested and assaulted
Lukas Nekongo.
Lengthy pretrial detention was a problem. Approximately 8 percent
of the general prison population was awaiting trial. The lack of
qualified magistrates and other court officials, high cost of legal
aid, slow or incomplete police investigations, and continued
postponement of cases resulted in a serious backlog of criminal cases
and delays of years between arrest and trial. During the year the High
Court began to implement some proposals to improve the pace of
administering justice, including granting increased case management
powers to judges; litigants generally determined the pace of trials.
In August President Pohamba granted amnesty to prisoners convicted
of minor criminal offenses who fell into the following categories:
those serving sentences of two years or less; those who had served more
than half of their sentences; those who were age 60 and older and had a
record of good behavior; and those whose conditional release on parole
was approved on or before August 26. The Government did not release the
number of prisoners granted amnesty.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and, while the courts continued to act
independently and at times made judgments and rulings critical of the
Government, inefficiency and a lack of resources hampered the judicial
system.
Military courts try members of the military only and do not provide
the same rights as civil criminal courts. Customary courts heard most
civil and petty criminal cases in rural areas. The law delineates which
offenses may be dealt with under the customary system.
Most rural citizens first encountered the legal system through the
customary courts, which deal with infractions of local customs among
members of the same ethnic group. The law delineates the roles, duties,
and powers of traditional leaders and provides that customary law is
invalid if it is inconsistent with the constitution.

Trial Procedures.--The constitution and law provide for the right
to a fair trial, but this right was limited by long delays in hearing
cases in the regular courts and the uneven application of
constitutional protections in the customary system. The law provides
for public trials but not use of juries. Defendants have the right to
be present at trial, to consult with an attorney in a timely manner,
and, with their attorneys, to have access to government-held evidence.
Indigent defendants are entitled to a lawyer provided by the state;
however, this often did not occur due to an insufficient number of
public defenders. Defendants are presumed innocent, can confront
witnesses, can present witnesses and evidence on their behalf, and have
the right of appeal. The law extends these rights to all citizens.
More than a decade after Caprivi separatists attacked government
facilities in the contested region in 1999, 113 Caprivians accused of
treason had yet to have their cases resolved. The enormity of the
state's case, resource constraints, and legal wrangling continued to
delay the Caprivi trial, which consisted of five trials or hearings:
The main trial in which 113 detainees alleged to have participated
in the 1999 attacks were being charged with a total of 278 counts
related to treasonous activities; 18 of the accused have died in
prison, including three during the year; the Government did not release
the cause of those deaths that occurred during the year. The trial of
two ethnic Mafwe witnesses, who were part of the main trial and
appeared in court in 2006 on charges of perjury and obstruction of
justice for denying statements they had made to investigators in the
Caprivi treason trial, was scheduled to resumed in February 2011; the
two were released on bail during the year.
The trial of 10 secessionists, who were convicted of treason in
2007 and sentenced to more than 30 years. In July 2009 the judge ruled
that the 10 could appeal to the Supreme Court against the length of the
sentences they received.
The ``Trial Within a Trial,'' a hearing that began in April 2009 to
determine the admissibility of allegedly self-incriminating statements
made by 26 of the defendants before various magistrates. In September
the Supreme Court turned down a request by the state to appeal part of
a judgment in which presiding High Court Judge Elton Hoff ruled that
alleged confessions made by 26 of the men being prosecuted in the
treason trial could not be used as evidence against them. The Supreme
Court justices called for the speedy resolution of the trial, in its
seventh year.
The trial of Albius Moto Liseli, whose 2009 arrest made him the
last man arrested in connection with the Caprivi separatist plot.
Liseli's High Court trial began in June, was postponed to September,
and continued at year's end.
Civil suits by defendants who claimed to have been tortured at the
time of their arrests. During the year the High Court ruled in favor of
the ministers of home affairs and defense in three more civil suits. By
year's end the High Court had dismissed eight civil claims against the
ministers of home affairs and defense, 24 cases had been settled out of
court, and 90 cases remained pending. The LAC continued to represent
detainees.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There exists an
independent judiciary in civil matters, which is widely perceived as
impartial. The law provides for access to a court to bring lawsuits
seeking damages for, or cessation of, human rights violations. The
constitution provides for administrative justice as well as judicial
remedies for alleged wrongs. Civil court orders generally were
enforced.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
Government generally respected these prohibitions in practice. The
Communications Act, popularly known as the ``Spy Bill,'' which was
passed in November 2009, was not fully implemented during the year. The
act allows the intelligence services to monitor e-mails and Internet
usage with authorization from a magistrate. The legislation also
permits the interception of telephone calls and cell phone text
messages. Opponents of the law considered it an invasion of privacy and
a violation of the right to free expression.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and unlike in the preceding year,
the Government generally respected this right. Some independent and
government journalists practiced self-censorship.
Individuals could criticize the Government publicly or privately
without reprisal.
The clause of the 2009 Communications Act that provides for
interception centers to allow the Government to tap telephones,
intercept e-mails, and monitor Internet traffic had not been
implemented by year's end. Provisions regarding interconnection fees,
tariffs and allocation of frequencies, the promotion of competition,
and the establishment of the Communications Regulatory Authority of
Namibia were implemented during the year.
There were four daily national newspapers, three of which were
independent, and four independent weekly newspapers. The Government ran
one newspaper and a press agency, whose boards were appointed by the
minister of information and communication technology. The Government
shared equal ownership of a regional weekly newspaper with the
Government of Zimbabwe. The ruling SWAPO party owned one publication.
Unlike in the previous year, there were no reports that the SWAPO
Party Elders' Council pressured newspapers to stop publishing cell
phone text messages that criticized the Government. There also were no
reports that prominent politicians publicly criticized media outlets,
newspapers, or their staffs.
Unlike in the previous year, the Electoral Commission of Namibia
(ECN) provided independent newspaper The Namibian with election
information; in 2009 the ECN director refused to provide such
information, citing a cabinet resolution prohibiting the Government and
its agencies from advertising or buying copies of The Namibian.
The Government owned and operated the Namibian Broadcasting
Corporation (NBC) Radio and Television, which were the most widely
broadcast and influential media in the country. NBC's television and
nine radio services broadcast in English and indigenous languages.
There were 12 private radio stations and one private television
network, One Africa TV. SWAPO owned 51 percent of the country's sole
cable and satellite television provider.
Throughout the year NBC continued to exclude political topics from
its popular radio call-in programs. NBC Director Albertus Aochamub
required the host of morning radio program Keetute to address only
themes provided by the NBC central office; the program had previously
featured stories that sometimes criticized the Government and ruling
party.
Unlike in previous years, no foreign journalists were arrested.
No media alerts against the country were issued during the year by
the Media Institute of Southern Africa; the institute issued 12 alerts
between 2008 and 2009, including three in which the Government was
cited for banning journalists from covering events; two for passage of
the Communications Bill; and one for the 2008 arrest of journalist
Bonita Nuttall.
Unlike in previous years, no officials used libel charges to
suppress criticism by journalists and civil society activists.

Internet Freedom.--There were no government restrictions on access
to the Internet; however, the Communications Act provides that the
intelligence services can monitor e-mails and Internet usage with
authorization from any magistrate.
According to International Telecommunication Union statistics for
2009, approximately 5 percent of the country's inhabitants used the
Internet.

Academic Freedom and Cultural Events.--There were reports during
the year of government restrictions on academic freedom. Some academics
claimed they were discouraged by their institutions from speaking at
events hosted by organizations that criticized the Government or the
SWAPO party. Others claimed they were discouraged from publishing
materials critical of the Government or the SWAPO party. All
government-owned institutions of higher learning, including the
University of Namibia, Polytechnic of Namibia, and the Windhoek College
of Education, continued to ban holding of political events on their
campuses.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
and with some exceptions the Government generally respected this right.
In August police denied permits for protest marches by the
opposition Rally for Democracy and Progress (RDP) party and NGOs during
the week-long SADC Heads of State Summit. Police claimed insufficient
resources to protect marchers ``due to a heavy schedule.'' The local
NGO Forum challenged the prohibition, and the High Court overturned the
police ban as unconstitutional. However, the summit was near completion
when the judgment was handed down, and protesters could not reorganize
the marches.
SWAPO supporters continued to prohibit RDP members from campaigning
in some towns and villages.
No action was taken against police who forcibly dispersed
approximately 500 young members of the ``Children of the Liberation
Struggle,'' who in May 2009 had taken control of a bridge and demanded
to see the president; six of the demonstrators were hospitalized as a
result of their injuries.

Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right in practice.

c. Freedom of Religion.--For a description of religious freedom,
please see Department of State's 2010 International Religious Freedom
Report at www.state.gov/g/drl/irf/rpt.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees.
In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion.
According to the UNHCR, approximately 7,480 refugees and asylum
seekers resided in Osire Settlement, formerly called the Osire Refugee
Camp, while approximately 1,230 lived outside the settlement. Angolans
represented 75 percent of the population, with another 20 percent from
the Democratic Republic of Congo, Rwanda, and Burundi. The Government
continued to issue identification cards to all refugees to facilitate
travel outside the settlement. Nevertheless, some refugees complained
they still were prevented from working outside the settlement.
The 41 Congolese refugees who in 2009 voluntarily departed Osire
Settlement and sought asylum in Botswana were deported to the
Democratic Republic of Congo during the year by the Botswana
government.
The Government continued to maintain strict control over civilian
access to the Osire Settlement; however, the ICRC, UNHCR, and the
UNHCR's NGO partners had regular and unrestricted access to the camp.
The Government also provided temporary protection to certain
individuals who may not qualify as refugees under the 1951 refugee
convention or its 1967 protocol.
Section 3. Respect for Political Rights: The Right of Citizens to
Change their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens exercised this right in
practice through periodic and free elections held on the basis of
universal suffrage.

Elections and Political Participation.--In presidential and
parliamentary elections held in November 2009, SWAPO candidate
Hifikepunye Pohamba was reelected president with 76 percent of the
vote, and SWAPO candidates won 54 of 72 elected National Assembly
seats. International observers characterized the election as generally
free and fair, despite an inefficient vote tabulation system and
unequal access to media coverage and campaign financing. Nine
opposition parties, however, claimed the election was marred by
irregularities and petitioned the High Court either to annul the
results and order new elections or to order a recount. In March the
High Court dismissed the case on technical grounds, citing the
opposition's failure to submit the court application on time. The
opposition appealed the High Court's ruling, and on September 6, the
Supreme Court unanimously ruled that the opposition parties' court
application was properly filed. The Supreme Court ordered the High
Court to hear the merits of the opposition parties' case, and it
instructed SWAPO and the ECN to pay the legal costs of the appellants,
which were estimated to exceed one million Namibian dollars ($143,000).
In November the National Assembly passed an amendment to the
Special Advisors and Regional Representatives Appointment Act of 1990
allowing the president to appoint regional governors; in the past
regional counselors selected governors from among their peers. Critics
charged that the amendment would tighten SWAPO control over local
leaders.
Individuals and political party nominees could declare their
candidacies freely and stand for election in accordance with the law.
The Government did not officially restrict the right of political
opponents to organize, seek votes, or publicize their views, but SWAPO
supporters sometimes disrupted rallies and campaigns of opposition
parties, particularly the RDP. The majority Ovambo tribe dominated the
political system. There continued to be reports that individuals who
were not members of the majority SWAPO party had difficulty finding
civil service employment or obtaining government tenders.
Clashes between SWAPO and opposition members resulted in injuries
during the November regional and local authority elections.
For example, on November 20, a fight between supporters of SWAPO
and the Democratic Turnhalle Alliance (DTA) occurred after DTA
supporters drove a convoy through a largely SWAPO neighborhood in the
town of Opuwo; two SWAPO members were severely injured after the two
groups threw stones and bottles at each other. Three persons were
arrested, and their trial continued at year's end.
There were no developments in the 2009 incident in which a SWAPO
supporter armed with a pistol allegedly attacked RDP member Sam
Hamunyela.
Investigations into the 2008 incident in which opposition party
leaders were charged with advocating a boycott of a parliamentary by-
election were still pending at year's end.
Women held 24 seats in the 78-seat National Assembly, which
included six appointed seats and 72 elected ones. There were five
female ministers and four female deputy ministers among the 41
ministerial and deputy ministerial incumbents. There were three female
judges among the 11 permanent judges of the High Court.
Historic economic and educational disadvantages limited the
participation of the indigenous San ethnic group in politics. Following
the 2009 elections, the sole San representative in the National
Assembly, a SWAPO member, lost his seat. Virtually all of the country's
other ethnic minorities were represented in parliament and in senior
positions in the cabinet. Members of smaller ethnic groups held the
offices of deputy prime minister, speaker of the National Assembly, and
deputy chairperson of the National Council.
Section 4. Official Corruption and Government Transparency
Although the law prohibits corruption and the Government took steps
to address the problem, officials continued to engage in corrupt
practices. The World Bank's most recent Worldwide Governance Indicators
reflected that corruption was a problem. During the year the Anti-
Corruption Commission (ACC) organized awareness campaigns and held
workshops for government officials, politicians, civil society, church
leaders, and school children on the dangers of corruption. The ACC also
created a telephone line for the public to anonymously report suspected
corruption.
During the year the ACC conducted several investigations into
corruption.
For example, in March the ACC arrested businessman Antoine Mbok and
an unnamed employee of the Ministry of Finance for allegedly
intercepting checks worth four million Namibian dollars ($572,000) and
depositing them into Mbok's private bank account. Both the Finance
Ministry employee and Mbok were denied bail and remained in police
custody. The trial had not begun by year's end.
In June the courts sentenced Sackey Namugongo, a former deputy
director of the Ministry of Environment and Tourism, to eight years in
prison for accepting 332,500 Namibian dollars ($47,547) in exchange for
promising to issue illegal gambling licenses to prospective business
investors in 2006. Namugongo, who was convicted on 19 charges, was the
most senior government official to date to have been convicted under
the 2003 Anti-Corruption Act.
In June authorities arrested Dawid Boois, the governor of Karas
Region, on 24 counts of corruption. Boois was accused of pocketing a
monthly housing subsidy of 7,500 Namibian dollars ($1,072) over a 24-
month period while living in a rent-free house owned by the Karas
Regional Council. Boois' trial continued at year's end.
In July former NBC director general Gerry Munyama admitted in the
High Court that he was not authorized to open a bank account to channel
funds from NBC's overdraft account to cover operational expenditures.
The state responded that the admission did not constitute a guilty plea
and proceeded with the trial, which continued at year's end.
In July media sources reported that former State House deputy
director Abisai Shaningwa used his new position as Omusati regional
council director of planning to funnel nearly 1.5 million Namibian
dollars ($214,500) to build 27 public toilets in his region. The ACC
conducted an investigation into the possible involvement of Omusati
public officials in the high-priced toilet scam but had not released
the results by year's end.
In December Prime Minister Nahas Angula confirmed that five senior
managers of the Government Institutions Pension Fund had been asked to
take voluntary leave to facilitate a probe into the Development Capital
Portfolio (DCP), which had lent more than 661 million Namibian dollars
($9.5 million) to 21 Namibian companies through the DCP from the late
1990s to 2002. Many of the loans were never repaid, and a 2006 audit
revealed that the loans were fraught with problems.
There were no developments in the following 2009 corruption cases:
the investigation of the Bethanie Village Council for alleged
mismanagement of funds, tender irregularities, and abuse of power; the
court case against Public Service Commissioner Teckla Lameck,
businessman Kongo Mokaxwa, and Chinese national Yang Fan, who were
alleged to have received kickbacks of 42 million Namibian dollars
($6,006,000); and the investigation of Immanuel Mulunga, the country's
petroleum commissioner, regarding his role in a shareholding dispute
over an exclusive exploration license for methane gas.
Security force corruption and impunity were problems. Although some
security force members accused of abuse and corruption were arrested
and tried in military courts or the civilian criminal system, the
Government took no action against others.
There were no developments in the following 2009 corruption cases
involving security force personnel: the bribery case against traffic
officer Jacobus Coetzee, who resigned from his position and remained
free on bail at year's end; the case against police constables Chris
Garoeb and Paul Jarson, who allegedly impersonated immigration
officials and defrauded a foreign tourist; and the investigation of
Lieutenant General Martin Shalli, who was suspended from the NDF in
2009 on unspecified claims of corruption.
In February Lotti Uusiku, the suspended former commanding officer
of the special branch, and Joseph Kamati, the former head of the police
finance division, were found guilt of theft in 2006. Uusiku, who was
convicted on four counts of theft, was fined 25,800 Namibian dollars
($3,685), while Kamati was fined $1,800 Namibian dollars ($257).
In February Andrew Iyambo, the deputy commissioner of police for
Erongo Region, was found guilty of soliciting a personal donation under
an official guise in 2006. Iyambo, who was fined 8,000 Namibian dollars
($1,141), resigned in March. In 2009 Iyambo was acquitted of charges
related to his involvement in a car accident.
In March the ACC arrested NDF Lieutenant-Commander Simiran Elia
Ndiyaamena for allegedly demanding 10,000 Namibian dollars ($1,430)
from the owner of a lodge at Walvis Bay in exchange for booking
accommodations for members of the Chinese army during the year.
In July The Namibian newspaper reported that although former
assistant commissioner of prisons Nelzin Martin was suspended in 2005
on corruption charges--which were dropped in 2007 for lack of
evidence--he remained on the payroll despite not being reinstated due
to separate internal corruption charges.
Public officials were subject to financial disclosure laws.
However, civil society organizations charged that financial disclosure
laws did not preclude government officials from engaging in private
business that conflicted with their government duties. Government
institutions, including the ACC, the Office of the Ombudsman, and the
Office of the Auditor General, were responsible for combating public
corruption.
No laws provide for public access to government information, and
media outlets generally found the Government unwilling to provide
information, including salary scales, for public officials.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Unlike in previous
years, there were no reports that government officials publicly
disapproved of NGO criticism directed at government policies or SWAPO.
NAMRIGHTS and the LAC, both independent organizations, were the
primary human rights NGOs in the country, and the police regularly met
with both. The LAC often assisted police with human rights training,
while NAMRIGHTS reported incidents of police brutality and abuse of
power.
The suit filed by NAMRIGHTS Director Phil ya Nangoloh against SWAPO
newspaper Namibia Today continued at year's end; in August 2009 ya
Nangoloh sued the newspaper for 250,000 Namibian dollars ($35,750) for
calling him ``a noted twister of facts and pathological liar.''
The Government generally cooperated with international human rights
organizations, and the ICRC and other international bodies made visits
during the year.
There was an autonomous ombudsman, with whom the Government
cooperated; he was considered effective in addressing some corruption
and human rights problems.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
creed, gender, language, disability, social status, or religion, and
specifically prohibit ``the practice and ideology of apartheid'';
however, the Government did not effectively enforce these prohibitions.

Women.--The law defines rape in broad terms and allows for the
prosecution of spousal rape. Numerous cases of rape were prosecuted
during the year, and the Government generally enforced rape penalties,
which provide for sentences of between five and 45 years' imprisonment.
According to police statistics for 2009, 11,882 cases of gender-based
violence were reported, 1,036 of which involved rape. A number of
factors continued to hamper rape prosecutions, including lack of police
transport, poor communication between police stations, lack of
expertise in dealing with child rape complainants, and the withdrawal
of cases by rape complainants after they filed charges.
The law prohibits domestic violence; however, the problem was
widespread. Penalties for domestic violence, which includes physical
abuse, sexual abuse, economic abuse, intimidation, harassment and
serious emotional, verbal or psychological abuse, range from a fine of
300 Namibian dollars ($43) to 10 years' imprisonment and a fine for
assault with intent to cause grievous bodily harm. No information was
available on enforcement of the law. When reported, the Woman and Child
Protection Unit of the Namibian Police intervened in domestic violence
cases.
During the year the LAC produced comic book inserts in major
publications that addressed major social issues, including unwanted
pregnancies, corporal punishment, rape, and domestic violence.
There were 15 women's and children's shelters staffed with police
officers trained to assist victims of sexual assault. During the year
the People's Education, Assistance, and Counseling for Empowerment
Center and other NGOs continued to provide training to these units. In
some magistrates' courts, there were special courtrooms to protect
vulnerable witnesses from open testimony; the courtrooms featured a
cubicle made of one-way glass and child-friendly waiting rooms. During
the year the Government began renovating and converting houses in all
13 regions into shelters for victims of gender-based violence.
The Government does not keep statistics on sex tourism, and there
were no reliable estimates of its prevalence.
The law explicitly prohibits sexual harassment in the workplace and
requires employers to take reasonable steps to protect employees from
such harassment. Employees who leave their jobs due to sexual
harassment are entitled to reinstatement or compensation. No sexual
harassment cases have ever been filed.
There were no government restrictions on family planning. The
Government and NGOs provided for equitable access to contraception to
all citizens, although those who lived in urban areas had better access
to skilled attendance during childbirth and postpartum care than those
who lived in rural areas. According to statistics released during the
year by the Ministry of Health and Social Services, the country's
maternal mortality ratio in 2006 was 449 per 100,000 live births, a
near doubling of the rate in 1992; the high rate was attributed to the
general lack of access to effective health care. The Government and
NGOs continued to make a strong effort to educate men and women equally
in the diagnosis and treatment of sexually transmitted infections,
including HIV.
The Government has no policy to forcibly sterilize HIV-positive
women. However, during the year the 2008 forced sterilization case
filed by 15 women (now 16) reached the High Court. The case began in
2008, when 15 women filed suit against the Government after they were
allegedly sterilized against their will by doctors performing their
caesarean sections at state hospitals. Each of the 16 plaintiffs was
suing the Government for 1.2 million Namibian dollars ($171,000) in
damages for breach of duty by the medical staff employed in state-run
hospitals and for discrimination due to the women's HIV-positive
status. Attorneys for the Government claimed the women gave written
consent to be sterilized before the procedures were carried out. The
plaintiffs, who admit signing consent forms, charged that they were not
properly informed of the consequences.
The law prohibits discrimination, including employment
discrimination; however, men dominated positions in upper management in
both the private and the public sectors. The Ministry of Labor and
Social Welfare and the Employment Equity Commission, which report to
the minister of labor, were responsible for problems involving
discrimination in employment; however, neither was effective due to the
backlog of cases.
The law prohibits discriminatory practices against women married
under civil law, but women who married under customary law continued to
face legal and cultural discrimination. Traditional practices that
permitted family members to confiscate the property of deceased men
from their widows and children continued. The custom by which a widow
or widower married the brother or sister of the deceased to ensure that
the surviving spouse and children were cared for was still practiced in
some areas of the country. A University of Namibia study based on data
collected in 2002 found that the practice of widow inheritance
(levirate) and widower inheritance (sororate) were still common among
the Owambo, Herero, Lozi, and to a lesser extent the Kavango.
The Ministry of Gender Equality and Child Welfare was responsible
for advocating for women's rights. The Ministry of Justice's Law Reform
and Development Commission advocated for women's rights in legislation.

Children.--The constitution provides for citizenship by birth
within the country's territory or from one's parents. According to a
2006 survey conducted by the Government, approximately 40 percent of
children--many of whom were born at home in rural areas--did not
possess birth certificates, which are necessary to apply for social
grants. Although prohibited by law, teachers in regions bordering
Angola, Zambia, Zimbabwe, and Botswana reportedly often refused to
teach children who could not prove their citizenship. Mothers who
delayed registration often faced a difficult process and long delays,
particularly if parents had died and death certificates or other needed
documents had never been obtained.
Efforts by the Ministry of Home Affairs and Immigration, in
partnership with the UN Children's Fund (UNICEF), to provide birth
certificates for newborns at clinics and hospitals throughout the
country increased birth registration levels for children under five
years old from 67.4 percent in 2007 to 75 percent during the year.
During this period the Government, in conjunction with UNICEF, also
opened 21 hospital-based birth registration facilities at all large
hospitals and 22 subregional offices primarily in rural areas. The
Government also deployed mobile units to towns and villages countrywide
to facilitate the issuance of birth certificates and identity documents
and registered an additional 39,000 children between 2008 and 2009. The
project primarily focused on orphans and vulnerable children; however,
the mobile units also targeted San children, and NGOs reported a
decrease in San complaints of being unable to obtain proper
identification documents.
Although the constitution provides children until the age of 16
with the right to compulsory, free, and universal primary and junior
secondary education (grades one through 10), the numerous fees--
including for uniforms, books, boarding costs, and school improvement--
placed a heavy burden on poor families and precluded some children from
attending. For example, in September The Namibian reported that school
principals in the town of Okahandja refused to enroll first grade
students whose parents had not paid their school fees in full. The
schools were eventually instructed by the Ministry of Education to
register the students. In general, more girls than boys were enrolled
in secondary schools. Many San children and children from destitute
families did not attend school, but the Government continued to provide
mobile schools for children who lived in semi-permanent settlements.
Child abuse was a serious problem, and authorities vigorously
prosecuted crimes against children, particularly rape and incest.
According to police records and media reports, at least 800 children
and juveniles were killed, raped, or assaulted during the year.
The law protects children less than 18 years of age by
criminalizing the actions of the client or pimp in cases of sexual
exploitation, child pornography, and child prostitution. The minimum
legal age for consensual sex is 16, and the penalty for statutory rape
is a minimum of five years in prison. No law specifically prohibits
child pornography. The Government continued to provide training for
police officials to improve the handling of child sex abuse cases.
Centers for abused women and children worked to reduce the trauma
suffered by abused children.
Some child prostitution occurred without third-party involvement as
a means of survival among HIV/AIDS orphans and other vulnerable
children. The growing number of HIV/AIDS orphans increased the
vulnerability of children to sexual abuse and exploitation.
Female genital mutilation was rarely practiced. The women's rights
organizations Sister Namibia and the Women's Leadership Center
continued to condemn cultural practices of initiation sex for young
girls, dry sex (the practice of applying astringents to the vagina
before sexual intercourse to enhance male pleasure), the stretching of
the labia minora, widow inheritance, and marital rape.
During the year there were numerous cases in which parents, usually
young mothers, abandoned and sometimes killed newborns for whom they
believed they were not able to care.
The law prohibits marriage before the age of 18; however, child
marriage occurred.
During the year the Government continued to take several steps to
provide medical care, school fees, social grants, and other assistance
to HIV/AIDS orphans and other vulnerable children.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--There was a very small Jewish community and no
reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--While discrimination on the basis of
disability is not addressed in the constitution, the law prohibits
discrimination against persons with physical and mental disabilities in
employment, health care, education, or the provision of any state
services. Enforcement in this area was ineffective, and societal
discrimination persisted.
The Government does not require special access to public buildings,
and some ministries remained inaccessible. However, during the year the
Government continued to require that all new government buildings
include ramps. In addition, some street corners in the capital were
outfitted with special signal crossings for the visually impaired. In
September the chief executive officer of the City of Windhoek toured
the city in a wheelchair to test the city's accessibility for persons
with disabilities. While he found that most establishments catered
sufficiently to persons with special needs, he recommended some
changes, such as lowering the height of customer counters.
The Office of the Prime Minister's Disability Advisory Unit was
responsible for assisting persons with disabilities.
During the year there were reports that two albino persons were
killed and that their body parts were missing or mutilated, factors
consistent with ritual killings. No arrests had been made by year's
end.

National/Racial/Ethnic Minorities.--Despite constitutional
prohibitions, societal, racial, and ethnic discrimination persisted.
Some citizens continued to accuse the Government of providing more
development assistance and professional opportunities to the majority
Ovambo ethnic group. The media occasionally carried reports of farm
workers, mostly black, suffering discrimination in remote areas by
mostly white farm owners.

Indigenous People.--The San, the country's earliest known
inhabitants, historically have been exploited by other ethnic groups.
By law all indigenous groups participate equally in decisions affecting
their lands, cultures, traditions, and allocations of natural
resources; however, the San and other indigenous citizens, such as the
Ovatue, have been unable to exercise these rights fully as a result of
minimal access to education, limited economic opportunities, and their
relative isolation. Indigenous lands were effectively demarcated but
poorly managed. On August 9, the country observed for the first time
the International Day of the World's Indigenous People, to promote and
protect the rights of indigenous populations. NGOs such as the Working
Group of Indigenous Minorities and Southern Africa and the LAC helped
San communities assert their basic human rights during the year.
The Government has authority to confer recognition or withhold it
from traditional leaders even in opposition to local preference. This
authority was controversial because of local leaders' influence on
local issues, including local police powers. There were continued
allegations that the Government withheld recognition from traditional
leaders for political reasons.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law does not prohibit
homosexual conduct; however, sodomy between males is illegal, and the
practice of homosexual activity was discouraged.
Unlike in previous years, there were no reports that politicians
made derogatory public comments about the lesbian, gay, bisexual, and
transgender (LGBT) community.
In May the LGBT community held a march to protest the sentencing of
a gay couple in Malawi; police provided an escort. However, Out-right
Namibia, an organization that advocates for LGBT rights, reported that
police generally did not take complaints of violence against LGBT
persons seriously. Out-right Namibia claimed police often ridiculed
LGBT persons when they reported cases of abuse.
Societal discrimination against the LBGT community continued. In
July the company Cash Crusaders denied employment to Annanias ``Tingy''
Haufiku, a transvestite. The company manager allegedly told Haufiku the
company did not employ ``mofies'' (gays). The LAC filed a case on
Haufiku's behalf, and it continued at year's end.

Other Societal Violence or Discrimination.--Societal discrimination
against and stigmatization of persons living with HIV/AIDS remained a
problem. However, unlike in the previous year, there were no reports of
employment discrimination based on HIV/AIDS status. The Government
supported the work of the Namibia Business Coalition against HIV/AIDS
to eliminate discrimination in the work place.
In July the state lifted travel restrictions that barred persons
with HIV from entering, staying, or seeking residence in the country;
the statute had not been enforced.
The trial of 16 HIV-positive women who claimed they were sterilized
against their will by doctors performing their caesarean sections at
state hospitals continued at year's end (see section 6, Women).
Section 7. Worker Rights

a. The Right of Association.--The constitution provides for the
right to form and join trade unions without previous authorization or
excessive requirements, and the Government generally enforced this law;
however, workers in essential services were prohibited from joining
unions. Approximately 25 percent of employees in the formal sector
belonged to some form of union or employers' organization, while almost
4 percent of unemployed persons belonged to such organizations. Workers
were not required to join employers' organizations.
The labor code provides for the protection of all workers, but farm
workers and domestic servants working on rural and remote farms often
did not know their rights, and in attempting to organize these workers
unions experienced obstacles, such as being prohibited from entering
commercial farms. As a result, some farm workers reportedly suffered
abuse by employers such as poor access to health care. During the year
the Government continued efforts to train labor inspectors and educate
workers on their rights.
Except for workers in public health, safety, and other essential
services, workers have the right to strike once conciliation procedures
are exhausted and 48 hours' notice has been given to the employer and
labor commissioner. Strike action can be used only in disputes
involving specific worker interests, such as pay raises. Disputes over
worker rights, including dismissals, must first be submitted to
conciliation and are then referred to a labor court for arbitration if
conciliation is unsuccessful. The law protects workers engaged in legal
strikes from unfair dismissal. The law also specifically protects both
union organizers and striking workers from retaliation by employers;
however, the scarcity of judges and lack of expertise in labor law
caused lengthy and unnecessary delays in such cases.

b. The Right to Organize and Bargain Collectively.--The law
provides employees with the right to bargain individually or
collectively and to recognize the exclusive collective bargaining power
of the union when a majority of the workers are members of that union;
workers exercised these rights in practice. Collective bargaining was
not practiced widely outside the mining, construction, agriculture, and
public service sectors. Almost all collective bargaining was at the
workplace and company level. The Ministry of Labor continued to cite
lack of information and basic negotiation skills as factors hampering
workers' ability to bargain with employers successfully. The majority
of trade unions were officially affiliated with SWAPO, which many
argued limited their independence in promoting worker rights.
The law provides for arbitration and conciliation to resolve labor
disputes more quickly. In 2009 the Supreme Court declared
unconstitutional a provision in the 2007 Labor Act that prohibited
employers from hiring third-party temporary or contract workers
(``scabs''). During the year the Government began to make changes to
the law to regulate private employment agencies.
The law prohibits antiunion discrimination, and there were no
instances of companies failing to reinstate workers who were fired for
legal union activities.
There are export processing zones (EPZs) at the Walvis Bay and
Oshikango industrial parks and a number of single-factory EPZs outside
of these parks. The law applies to EPZs, and unions have been active in
the EPZs since their establishment.

c. Prohibition of Forced or Compulsory Labor.--Although the law
prohibits forced or compulsory labor, including by children, it
occurred. There continued to be media reports that farm workers on
communal farms and domestic workers often received inadequate
compensation for their labor and were subject to strict control by
employers, including physical punishment and prolonged work hours.
Given the Ministry of Labor's resource constraints in vehicles, budget,
and personnel, as well as difficulty in gaining access to some large
communal and family-owned commercial farms and private households,
labor inspectors sometimes found it difficult to investigate possible
labor code violations. Also see the Department of State's annual
Trafficking in Persons Report at www.state.gov/g/tip

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law provides that persons found guilty of employing children can face a
maximum fine of 20,000 Namibian dollars ($2,860) and/or up to four
years' imprisonment; however, child labor continued to be a problem.
The minimum age for employment is 14, with higher age requirements for
night work and in certain sectors such as mining and construction. The
minimum age was inconsistent with the age for completing education
requirements. Children worked mostly on private and commercial farms,
herded livestock, worked as child minders or domestic servants, and
worked in family businesses. Some children assisted parents working in
the charcoal industry. There continued to be media reports that
children on communal farms and domestic workers were subject to strict
control by employers, including physical punishment, excessive work
hours, and not being allowed to attend school.
Sectors in which children were involved in the worst forms of child
labor included agriculture and livestock, domestic service, charcoal
production, and the commercial sex industry sectors. In 2009 the
Ministry of Labor carried out investigations around the country of
suspected incidents of child labor in the agricultural sector. The
investigations exposed more than 111 child labor cases, and the guilty
employers were issued compliance orders. Those employers who failed to
comply within 30 days were expected to face criminal charges and
prosecution. Smaller-scale labor inspections continued on a regular
basis. There were no prosecutions by year's end.
The Ministry of Gender Equality and Child Welfare continued to
conduct several programs aimed at encouraging parents and guardians to
allow children to attend school.
The Government does not have a separate institution to implement
and enforce child labor laws, but it generally used regular labor
inspections as well as other monitoring mechanisms for orphans and
other vulnerable children. Enforcement was limited. There were 36 labor
inspectors, and all were trained in identifying the worst forms of
child labor; however, no inspector focused exclusively on children's
services.
The Government had several programs aimed at supporting children to
stay in school and away from the labor market. The Ministry of Gender
Equality and Child Welfare and the Ministry of Health and Social
Services coordinated welfare programs for orphans, including those
affected by HIV/AIDS, by providing grants and scholarships to keep them
in school. In partnership with the International Labor Organization,
the Government also participated in a four-year program to withdraw and
prevent children from exploitive labor in agriculture and adult-coerced
criminal activity. The Government continued to distribute a
comprehensive guide on the newly implemented labor law, which included
a section on child labor. The Government also continued to work with
NGOs such as Project Hope to assist victims of child labor.

e. Acceptable Conditions of Work.--There was no statutory minimum
wage law, but the mining, construction, security, and agricultural
sectors set basic levels of pay through collective bargaining. Average
wages for unskilled workers did not provide a decent standard of living
for a worker and family, especially since the average wage earner
supported an extended family. Wage levels for the less educated
majority remained very low.
The standard legal workweek is 45 hours with at least one 36-hour
rest period per week. An employer may require no more than 10 hours per
week of overtime, and the law requires premium pay for overtime work.
The law mandates 24 workdays of annual leave per year, at least 36
workdays of sick leave over a three-year period, and three months of
maternity leave paid by the employer and the Social Security
Commission. However, the Ministry of Labor did not always enforce these
provisions.
Concerns continued that Chinese firms failed to adhere to the labor
code, in part by allegedly hiring and firing workers at will, ignoring
occupational health and safety measures, failing to pay established
minimum wages and benefits in certain industries, failing to respect
work-hour regulations for public holidays and Sundays, and requiring
construction workers to sleep on site. Investigations into such
allegations continued at year's end.
The Ministry of Labor and Social Welfare mandates occupational
health and safety standards, and the Labor Act empowers the president
to enforce these standards through inspections and criminal penalties.
Inspections occurred proactively, reactively, and at random; however,
the Government did not always enforce labor laws effectively. The
Ministry of Labor lacked an adequate number of trained inspectors to
monitor adherence, especially in small family-owned operations. The law
requires employers to ensure the health, safety, and welfare of their
employees. It provides employees with the right to remove themselves
from dangerous work situations; however, some workers could not
exercise this right in practice. Migrant workers often did not enjoy
the same rights as citizens.

__________

NIGER

Niger, a republic with a population of approximately 15 million, is
in transition toward restoring a democratic government following the
February military seizure of power that deposed former president
Mamadou Tandja and his government. Tandja's presidential mandate ended
in December 2009 after serving two consecutive five-year terms;
however, he attempted during 2009 to manipulate political events to
prolong his rule. Tandja replaced the 1999 constitution, which he could
not amend legally, with one that gave more power to the presidency and
removed term limits. Disregarding the formal ruling of Niger's
Constitutional Court and prodemocracy complaints from the civil society
and political parties, Tandja conducted a costly referendum resulting
in a new constitution without term limits and a new Sixth Republic that
consolidated presidential powers. The Economic Community of West
African States (ECOWAS) designated a mediator to try to end the
political crisis; however, three rounds of discussions failed to break
the impasse. On February 18, a military junta deposed Tandja and
announced that a new provisional government would be led by the Supreme
Council for the Restoration of Democracy (CSRD). The CSRD invalidated
Tandja's constitution, dismissed his appointees, and stated its
intention to move promptly to restore democracy, through elections.
Under CSRD rule, security forces did not report to civilian
authorities.
Human rights abuses included extrajudicial killings and use of
excessive force by security forces, poor jail and prison conditions,
arbitrary arrest and detention, prolonged pretrial detention, executive
interference in the judiciary, restrictions on press freedom, forcible
dispersal of demonstrators, restrictions on freedom of movement,
official corruption and impunity, societal discrimination and violence
against women, female genital mutilation (FGM), trafficking in persons,
slavery, and child labor.
The armed conflict between the Government and the Tuareg in
northern Niger ended following a 2009 peace arrangement brokered by
Libya. The subsequent surrender of arms by Tuareg groups was followed
by the lifting of the state of alert in the North. During the year
there were reports of sporadic acts of ``banditry'' on main roads and
incursions by members of al-Qaida in the Lands of the Islamic Maghreb
(AQIM) into Nigerien territory. Between March 9 and 21, various
delegations from the Tuareg rebel groups including the Movement of
Nigeriens for Justice, the Nigerien Patriotic Front, and the Front of
Forces for Rectification met with the CSRD president; they reaffirmed
their commitment to work on sustaining peace, to follow through on
commitments made during negotiations, and to help strengthen national
unity. They urged the CSRD president and the Transition Government of
Niger (TGON) to complete the 2009 peace process.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the CSRD and the TGON or its agents committed any
arbitrary or unlawful killings; however, there were reports that three
security agents died during the February power seizure.
On November 8, the ECOWAS Court of Justice held hearings on the
TGON's investigation into the army's 2007 killing of six civilians and
an off-duty police officer near Tiguidit. At year's end, a verdict was
pending.
Disputes between herders and farmers over land rights and grazing
areas continued and resulted in several deaths. Additionally, armed
bandits and bands of AQIM militants attacked Nigerien and foreign
travelers in northern Niger.
On June 27, a group of armed individuals, reportedly from Mali,
attacked a herders' camp near Tirzawan. Four of the attackers were
killed. They returned on July 4, resulting in the death of one herder
and one attacker, several injuries, and stolen livestock.
On July 8, another group raided a camp near Tirzawen. They
slaughtered an estimated 10 cows and bulls and took away several
others. They also kidnapped three community members (Gordi, Moussa
Zouli, and Gagou Dali) who were released in August following the
intervention of Nigerien officials. On July 14, Daoudoua camp herders
(in the same area) reported that three of their peers (Ali Gueno,
Djimraou, and Djodi) had been kidnapped along with their animals.
Kidnappers killed all three hostages, and the bodies of two were found
near the Malian village of Deloumane.
On August 5, several armed bandits, reportedly coming from Mali on
motorcycles, attacked the nomad camp of Tintakaret and stole several
hundred head of livestock and other valuables.
There were no developments in the 2009 killings of seven passengers
near Bani Bangou, Tillabery, 13 herders in the same area, as well as
the death of one young man and three persons in a nomad camp.
On September 3, the Government announced that security forces
arrested a group of 15 bandits who attacked the village of Tafougue and
stole 12 camels. Security forces seized several weapons and ammunition
and recovered seven camels.
On March 8, the Government reported that a group of individuals
(later identified as AQIM members) attacked the military outpost of
Tiloa, near the border with Mali, in the Tillabery Region. Assailants
killed five government soldiers, destroyed one army vehicle, and stole
another. The army reported that it killed three assailants and
destroyed one of their vehicles.
On April 11, armed bandits attacked several trucks transporting
goods near Agadez, killing two passengers. Nine others suffered minor
injuries. The criminals stole a large sum of money. Security forces
were deployed to track the bandits, but there were no reports of
arrests.
On May 11, unidentified armed persons opened fire on a vehicle
transporting four employees of a mining company near the northern town
of Arlit. They killed one passenger, took a weapon, and stole the
vehicle.

b. Disappearance.--Although there were no reports of politically
motivated disappearances, on April 22, armed men later identified as
AQIM militants, kidnapped Michel Germaneau, a French national, and
Ouaghi Abidine, his Algerian aide, near the town of Tiguidan Tessoum,
near the borders with Algeria and Mali. Despite efforts to track the
assailants, the kidnappers were able to take the hostages to northern
Mali. AQIM released Abidine on April 29 but executed Germaneau on July
25.
On September 16, AQIM abducted five French, a Togolese, and a
Malagasy who worked for the French uranium mining company Areva in
Arlit, Agadez Region. The hostages were taken to northern Mali, where
they were presumed to be held at year's end.
Investigations continued into the December 2009 murder of Saudi
citizens by armed individuals near Tillabery. In addition to those
detained in Niamey, other individuals found in possession of the
victims' belongings were arrested and jailed in Agadez. In August the
investigating judge traveled to Saudi Arabia to record testimony from
the two Saudis who escaped the attack and from the families of the
deceased.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were reports that security forces beat civilians and that the
police forcibly dispersed and injured demonstrators.
On January 19, gendarmerie cadets stormed Koira Tegui village near
Niamey and beat at least 10 civilians following a brawl between one of
their colleagues and a villager. While there were reports that
gendarmerie officials tried to stop the incident, there was no
indication that villagers filed complaints or that any action had been
taken against the gendarmes.

Prison and Detention Center Conditions.--At year's end, there were
38 penitentiaries with a total of approximately 7,000 detainees with an
estimated 3.2 percent (224) of them female. Prison conditions were poor
and life threatening. Prisons were underfunded, understaffed, and
overcrowded. The Niamey Civil Prison, a facility built for 350, held
750 inmates, including 460 awaiting trial. Pretrial detainees were held
with convicted prisoners.
Although family visits were allowed and prisoners could receive
supplemental food, medicine, and other items, nutrition, sanitation,
and health conditions were poor, and deaths occurred from HIV/AIDS,
tuberculosis, and malaria. Prisoners and detainees had reasonable
access to visitors and were permitted religious observance; all
penitentiaries had places of worship. Authorities permitted prisoners
and detainees to submit complaints to judicial authorities without
censorship. Judicial authorities and the Government Observatory on
Human Rights and Fundamental Liberties (ONDHLF) investigated and
monitored prison and detention center conditions and credible
allegations of inhumane conditions; public and private media covered
their visits.
There were reports of corruption among prison staff (see section
4).
Human rights observers, including the International Committee of
the Red Cross (ICRC), the ONDHLF, human rights groups, and media
representatives were granted unrestricted access to prisons and
detention centers and conducted visits during the year. ICRC visits
were conducted in accordance with its standard modalities.
The ONDHLF and human rights groups make recommendations to the
Government on alternatives to incarceration for nonviolent offenders.
The Government established a law on the implementation of ``general
interest work'' programs in juvenile courts.
On April 19, the Ministry of Justice, in partnership with the
Project to Support Justice and the Rule of Law, chaired a training
session for prison wardens, bailiffs, and other penitentiary staff on
penitentiary regulations, budget management, human resources
management, security, and conflict management.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the law prohibits
detention without charge in excess of 48 hours; however, police
violated these provisions.

Role of the Police and Security Apparatus.--The armed forces, under
the Defense Ministry, are responsible for internal and external
security. The gendarmerie, also under the Defense Ministry, has primary
responsibility for rural security. The National Guard, under the
Interior Ministry, is responsible for domestic security and the
protection of high-level officials and government buildings. The
national police, also under the Interior Ministry, are responsible for
urban law enforcement.
The police were ineffective, largely due to a lack of basic
supplies such as vehicle fuel, radios, and other investigatory and law
enforcement equipment. Patrols were sporadic, and emergency response
time in Niamey could take 45 minutes. Police training was minimal, and
only specialized police units had basic weapons-handling skills.
Citizens complained that security forces did not adequately police
border regions and remote rural areas. Corruption remained an ongoing
problem. The gendarmerie is responsible for investigation of police
abuses; however, police impunity was a widespread problem.

Arrest Procedures and Treatment While in Detention.--The
constitution and law require a warrant for an arrest, and this
generally was observed in practice. Judges and prosecutors weigh
evidence and issue warrants accordingly. Although there is an
independent judiciary, there were reports of persons being detained
without clear charges. The law allows individuals to be detained for an
initial period of 48 hours without charges, and an additional 48 hours
if police need more time to gather evidence. Detainees have a right to
prompt judicial determination, and this generally occurred in practice.
Security forces usually informed detainees of the charges against them
promptly; however, detainees involved with sensitive cases were
sometimes held longer than legally permitted. There is a functioning
bail system for crimes carrying a sentence of less than 10 years. Those
arrested must be notified of their right to a lawyer within 24 hours,
and law enforcement officials generally observed this practice.
Indigents are usually provided a lawyer by the Government. Widespread
ignorance of the law and lack of financial means prevented many from
fully exercising their right to an attorney and the bail system.
Security forces arrested and detained a journalist and political
leaders during the year.
On February 18, former president Tandja and key members of his
cabinet were deposed and arrested following a military seizure of
power. Tandja was placed under house arrest and continued to be held in
a government guest house at year's end. The former prime minister and
the ministers of interior, justice, economy and finance, mining and
industry, and equipment were detained at military barracks for several
days, then released and placed under house arrest. The CSRD
subsequently lifted the house arrest measure for all except the former
minister of interior, Albade Abouba.
On March 15, police detained for questioning former minister of
communication and government spokesman Moctar Kassoum. On March 7,
Kassoum had stated that Tandja's detention could create ``hatred'' and
the junta ``could not deny certain citizens their freedoms, leave
others free, and talk of reconciliation.'' On March 14, a new pro-
Tandja organization led by Kassoum issued a public statement calling
for release of Tandja and Albade for the sake of ``national
reconciliation.'' Kassoum was released on March 18.
At the end of March, police held at least 17 former ministers and
general managers of state-owned enterprises for questioning. On March
30, police denied the detainees access to lawyers. On April 2, the
police released 14 of them, but kept many under house arrest and
surveillance for an additional five days. The other three were released
a few days later.
On March 29, the police jailed Rhissa Ag Boula, former minister and
rebel Tuareg leader. Reportedly, his arrest was based on a previous
final court decision (and therefore not related to other detentions
during the same period) concerning the killing of an Agadez regional
political leader. In 2008 the Niamey Court of Appeals sentenced Rhissa
to death in his absence for ordering the killing. Authorities released
Rhissa on July 5 and allowed him to leave the country. On December 4,
the Niamey Court of Appeals acquitted Rhissa.
On October 15, security forces arrested Colonel Abdoulaye Badie,
former CSRD permanent secretary; Colonel Abdou Sidikou Issa, National
Guard Commander; Colonel Amadou Diallo, minister of equipment; and
Colonel Aboubacar Amadou Sanda. On October 20, police arrested former
director of state intelligence Seyni Chekaraou. According to the CSRD,
all of those arrested had been involved in activities aimed at
destabilizing the regime. On November 17, security forces arrested
Colonel Hassane Mossi, air force chief of staff. On November 26, they
arrested Lieutenant Issaka Abdou, an aide to the CSRD president. While
Chekaraou and Abdou were released a few days after their detention, the
five other officers remained in detention at year's end.
The three former National Assembly deputies and two administrative
staff jailed in September 2009 were released following the February
military seizure of power. However, in October the Niamey Appeals Court
prosecutor-general annulled all existing proceedings against former
parliamentarians and referred the case to a lower court to restart
legal proceedings. The judge was expected to determine whether a new
prosecution of the former National Assembly deputies would take place.
A decision was pending at year's end.
Police occasionally conducted sweeps to detain suspected criminals.
There were serious backlogs in the judicial system. Although the
law provides for maximum pretrial confinement of 30 months for serious
crimes and 12 months for minor offenses (with special extensions in
certain sensitive cases), some detainees waited as long as six years to
be tried. During the year 60 percent of the prisoners in Niamey's Civil
Prison were awaiting trial. Trial delays were caused by lengthy legal
procedures, inadequate resources, staff shortages, and corruption.

Amnesty.--The constitution provides for an amnesty to cover the
``authors, coauthors, and accomplices'' of the February 18 military
seizure of power. It did not retain the previous constitution's
provision of amnesty for persons involved in the 1996 and 1999 coups.
As a consequence, family members of slain president Bare lodged a
complaint with the Tribunal of First Instance of Niamey in order to
bring to justice those involved in the murder.

e. Denial of Fair Public Trial.--Although the constitution and law
provide for an independent judiciary, the executive branch sometimes
interfered with the judicial process. Corruption and inefficiency were
problems. Judges sometimes feared reassignment to lower positions or to
remote areas of the country if they rendered a decision unfavorable to
the Government. In civil matters, there were reports that family and
business ties influenced lower court decisions. In some instances,
judges granted provisional release pending trial to high-profile
defendants, who were seldom called back for trial, had complete freedom
of movement, and could leave the country.
Customary courts and traditional mediation do not provide the same
legal protections as the formal court system. Traditional chiefs can
act as mediators and counselors. They have authority to arbitrate many
customary law matters, including marriage, inheritance, land, and
community disputes, but not all civil issues. Chiefs received
government stipends but had no police or judicial powers.
Customary courts, based largely on Islamic law and local tradition,
are located only in large towns and cities and try civil law cases. A
legal practitioner with basic legal training, advised by an assessor
with knowledge of the traditions, heads these courts. The judicial
actions of chiefs and customary courts are not regulated by formal law,
and defendants can appeal a verdict in the formal court system.

Trial Procedures.--The law affirms the presumption of innocence.
Trials are public, and juries are used. Defendants have the right to
counsel, which is at public expense for minors and indigent defendants
charged with crimes carrying a sentence of at least 10 years. Those
arrested must be notified of their right to a lawyer within 24 hours of
detention. Defendants also have the right to be present at trial,
confront witnesses, and present witnesses on their own behalf. The
Government has a legal obligation to inform defendants of all evidence
against them, and defendants have access to government-held evidence.
Defendants may appeal verdicts, first to the Court of Appeals and then
to the Supreme Court. However, widespread ignorance of the law
prevented many accused from taking full advantage of these rights.
On April 19, the minister of justice officially launched a national
campaign to disseminate information brochures on citizens' rights and
obligations. The project, with support from the EU, was expected to
disseminate 222,000 brochures covering 22 topics such as the court
system, criminal and civil procedure, child protection before the
court, divorce or repudiation, rape and sexual harassment,
administrative redress, labor disputes, and commerce and real estate.
Women do not have equal legal status with men in customary courts
and traditional mediation and do not enjoy the same access to legal
redress.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees. However, following the February 18
military seizure of power, Tandja and Abouba remained in detention. On
June 29, the CSRD president stated that ``the Nigerien people will
decide how to handle this case.'' International visitors, human rights
and humanitarian groups, and the families of the detainees were allowed
access and reported them to be healthy and well-treated. In November
the ECOWAS Court of Justice ordered Tandja's release. In December the
TGON lifted Tandja's legal immunity, paving the way for his prosecution
on embezzlement charges.

Civil Judicial Procedures and Remedies.--Courts of civil procedure
exist in each major city. These courts are generally independent and
impartial, and there is access to seek damages for and cessation of
human rights violations. These courts hear lawsuits related to civil
matters and can apply judicial remedies, while a single appellate court
is responsible for administrative remedies.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law generally prohibit such
actions, and the Government generally respected these prohibitions;
however, police may conduct searches without warrants when they have
strong suspicion that a house shelters criminals or stolen property.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--Before the military seizure of
power, the actual autocratic rule imposed by former president Tandja
included a tailor-made constitution, established a National Assembly,
judiciary, and a compliant media-regulation body; he restricted basic
freedoms and curtailed press freedom. After Tandja was deposed, the
constitution and law provide for freedom of speech and of the press,
and the Government generally respected these rights in practice.
Although individuals generally could criticize the Government publicly
or privately without reprisal, the Government attempted to impede
criticism.
Throughout the year, the Government published a daily newspaper.
There were approximately 45 private newspapers, some of which were
affiliated loosely with political parties. The private press criticized
government actions.
Radio was the most widely accessible medium. A government-owned
radio station provided news and other programs in French and local
languages. There were 15 private radio stations; eight were locally
owned and featured news in local languages. Private radio stations were
generally less critical of the Government than private newspapers.
The two government-owned television stations broadcast in French
and the major national languages. Three private television stations
broadcast local and foreign programming and also began a daily
newscast. A fourth private channel broadcast religious programming.
International channels were available in Niamey.
The Government did not allow international media to operate freely,
especially when covering events in the north. BBC World Service was
available in Niamey and Zinder. Private radio stations carried Voice of
America and Deutsche Welle.
On June17, the governor of Agadez summoned Raliou Hamed Assaleh,
director of Radio Sahara FM, to reprimand him for reopening his radio
station and starting broadcasts without the governor's authorization.
Raliou explained that he had received a notification from the National
Communication Institute (ONC), with a copy to the governor, but the
latter told him that he needed to inform authorities before proceeding.
Radio Sahara continued its programs unimpeded.
On September 19, police summoned Moussa Aksar, editor of the
independent newspaper L'Evenement regarding interviews he gave to
foreign press about the September 16 kidnappings from the Areva mining
site in Arlit. After being questioned and held several hours without
charge, he was released.
After Tandja was deposed, independent media were active and
expressed a wide variety of views without restriction.
On June 11, the ONC reopened Sahara FM, a private radio station in
Agadez, which the High Council on Communication closed in 2008 for
broadcasting interviews with alleged victims of abuse by government
troops.
On October 11, the ONC granted new operating licenses for three
private television stations, four commercial radio stations, and eight
community radio stations, in addition to six-month license extensions
for two private television stations and two community radio stations.
On March 11, the Tribunal of First Instance of Niamey cleared Ali
Soumana of Le Courrier on all charges in the August 2009 case regarding
a report that claimed that the National Human Rights and Fundamental
Liberties Commission misused 350 million CFA ($708,000) allocated for
oversight of the August 2009 constitutional referendum.
From March 29 to 31, the Government hosted a forum to discuss ways
to improve the media climate, including replacing jail sentences with
fines for press infractions and improving working conditions for
journalists. The prime minister announced that the CSRD president had
decided to reopen the ``Maison de la Presse,'' a media center and venue
for training and seminars, which Tandja's minister of communications
shut in 2008. On June 4, the Government adopted a new law on the
decriminalization of press offenses as recommended by the forum. In
addition to reopening the media center, this law resulted in the
emergence of a private radio station, allocation of new operating
licenses, and creation of a voluntary media ethics watchdog.
Journalists, in turn, created an independent organization to monitor
all broadcasts and publications to avoid possible abuses of press
freedom.

Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Although individuals and groups could engage in
the peaceful expression of views via the Internet, few residents have
access to it. According to International Telecommunication Union
statistics for 2008, only approximately 0.5 percent of the population
used the Internet.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, police forcibly dispersed demonstrators. The TGON retained
authority to prohibit gatherings under tense social conditions or if
organizers did not provide 48 hour advance notice.
On April 12, hundreds of middle and high school students clashed
with police in Niamey during a demonstration denouncing the
Government's failure to implement an agreement aimed at improving
conditions in schools. Several persons suffered minor injuries.
On August 22, police in Agadez clashed with ``mototaxi'' operators
who were demonstrating against the arrest of one of their peers.
Motorcycle operators demonstrated in the streets and burned tires. A
teargas fragment injured one of the demonstrators. The police arrested
an estimated 40 protesters but released them the following day.

Freedom of Association.--Although the law provides for freedom of
association, political parties based on ethnicity, religion, or region
are not permitted.
During the year the Government shut three civil society
associations.
In April the minister of interior dissolved the ``Refoundation,
Restoration, and Respectability'' association led by former minister of
communication Kassoum.
On May 10, the minister of interior dissolved the ``Magama
Foundation'' led by Laraba Tandja, the former first lady.
On November 2, the minister of interior dissolved the Organization
of Niger's Consumers led by Nouhou Arzika, a Tandja supporter.

c. Freedom of Religion.--For a description of religious freedom,
see the 2010 International Religious Freedom Report at www.state.gov/g/
drl/irf/rpt.

Internally Displaced Persons (IDPs).--Famine and floods during the
year displaced many persons.
International humanitarian organizations reported that community
conflict between farmers and herders, and rural communities and
bandits, especially in northern Tillabery Region, caused displacement.
In addition there have been reports of sporadic acts of ``banditry'' on
main roads and incursions by members of AQIM into Nigerien territory.
Because of the pressures of desertification and population growth on
subsistence farming and livestock herding, the main activities in this
region, competition among farmers and herders for limited natural
resources increased in recent years.
The Government and humanitarian organizations provided assistance
for IDPs. On March 5, the TGON appealed to the international community
for assistance to address the food crisis that affected over half of
the country's population. On April 2, the TGON announced that,
especially in the Zinder and Maradi regions, some primary schools were
totally or partially empty because children had left with their parents
in search of food.
In early August, persistent floods caused residents to evacuate
several districts in Niamey. At least 770 households and 500 hectares
of farmland were affected, leaving an estimated 6,000 individuals
without shelter. Local authorities, with the help of humanitarian
organizations, resettled displaced flood victims in public buildings
and other shelters. Heavy rains in Goure, Zinder, left approximately
11,000 residents homeless.

Protection of Refugees.--The laws do not provide for granting
asylum or refugee status in accordance with the 1951 Convention
relating to the Status of Refugees or the 1967 Protocol, and the
Government has not established a system for providing protection to
refugees. In practice the Government did not routinely grant refugee
status or asylum, but provided protection against the expulsion or
return of refugees to countries where their lives or freedom would be
threatened on account of their race, religion, nationality, membership
in a particular social group, or political opinion. During the year the
Government also provided temporary protection to approximately 350
individuals who may not qualify as refugees under the 1951 Convention
or the 1967 Protocol.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully. Following the February 18 military seizure of
power, the CSRD implemented a constitution under which citizens
exercised this right in free and fair elections based on universal
suffrage, beginning with the October 31 constitutional referendum.
National elections are scheduled for the first quarter of 2011.

Elections and Political Participation.--The CSRD, which assumed
executive and legislative powers after deposing Tandja and his cabinet
in February, established the TGON, which included a largely civilian
cabinet, a National Consultative Council in lieu of the dismissed
parliament, a Transition Constitutional Council in place of the
dissolved Constitutional Court, a State Court in lieu of the dissolved
Supreme Court, an Audit Court, a National Communication Observatory in
place of the High Council on Communication, and a Fundamental Texts
Committee charged with drafting a new constitution, electoral code,
political parties charter, statutes of the opposition, and other laws.
The new constitution and other relevant statutes, which were
drafted through a consultative process involving political parties,
civil society organizations, traditional and religious leaders, women
and youth groups, business representatives, academics, and other
resource persons, was designed to provide the country with new and
strengthened democratic institutions. Transition authorities also
revamped the Independent National Electoral Commission, which prepared
the timeline and budget for a constitutional referendum and a series of
elections.
On November 25, the CSRD president enacted the new constitution
that voters approved on October 31 via a referendum that international
observers described as generally free and fair, despite minor
difficulties on polling day. The only irregularities were logistical
problems delivering materials to polling places on time. Local
elections were scheduled for January 8, 2011, and first-round
presidential elections in conjunction with parliamentary elections for
January 31. Second-round runoff presidential elections (if required)
are scheduled for March 12, 2011, and inauguration of the new president
is scheduled to take place on April 6, 2011.
Political parties operated without restriction or outside
interference. Individuals and political parties could freely declare
candidacies and stand for election.
The law mandates that women fill at least a quarter of senior
government positions and at least a tenth of elected seats. There were
five female ministers in the 21-member transition cabinet and five of
the country's 20 ambassadors were women.
All major ethnic groups were represented at all levels of
government. There were eight seats in the dissolved National Assembly
designated for representatives of ``special constituencies,''
specifically ethnic minorities and nomadic populations.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
officials often engaged in corrupt practices with impunity. The World
Bank's most recent Worldwide Governance Indicators reflected that
corruption was a severe problem. The Government publicly acknowledged
corruption as a problem.
Civil servants sometimes demanded bribes to provide public
services. A poorly financed and trained law enforcement system and weak
administrative controls compounded corruption. Other underlying causes
were poverty; low salaries; the politicization of the public service;
the influence of traditional kinship, ethnic, and family ties on
decision making; a culture of impunity; and a lack of civic education.
There were reports of corruption among prison staff. Officials
demanded bribes to let prisoners leave prison for the day and serve
their sentences in the evenings or serve their sentences in the
national hospital in Niamey.
On April 15, the TGON created the State Audit Court to sanitize
public finances and to provide for transparency in the management of
public funds. The court oversees the management of all government
agencies and development projects funded by external resources, as well
as the implementation of the budget. It also oversees the accounts of
political parties and government officials' statements of personal
assets submitted to the Constitutional Court. If requested by the
National Assembly, the State Audit Court will conduct investigations
regarding the implementation of public revenues and expenses. The court
also has authority to sanction any fraud in the management of public
resources.
On May 11, the CSRD president signed a decree creating the
Commission on Economic, Financial, and Fiscal Crime. The commission,
which includes customs, treasury, and imports inspectors; military
officers; judges; labor union representatives; managers; and
accountants, was intended to combat economic, financial, and fiscal
delinquency and promote good governance through proper management of
public resources. It is responsible for processing administrative
investigations, reviewing economic and fiscal reports, processing
inspection reports from all levels of government, using audits to
recover money owed to the state and its agencies, and making
recommendations and proposing measures for ``cleansing'' and improving
the management of property of the state and its agents. The commission
was charged with investigating at least 50 high-profile, corrupt,
mismanaged, and delinquent accounts nationwide. By year's end, the
commission had determined that 64 billion CFA ($129 million) was owed
over the 2000-10 period, and had collected approximately five billion
CFA ($10 million). Of the missing funds, 57 billion CFA ($115 million)
was due to embezzlement and seven billion CFA ($14 million) was due to
unpaid taxes. The commission transferred 34 of the 50 cases to the
courts for further investigation, prosecution, and trial.
On June 15, police detained former president Mamadou Tandja's son
Hadia Toulaye Tandja, Manager of Multimedia Communications Ibrahim
Hamidou, former minister of mines Mohamed Abdoulahi, and former
Ministry of Mines secretary general Massalabi Oumarou in connection
with this case. On June 18, the Tribunal of First Instance of Niamey
arraigned Hadia Toulaye Tandja for influence peddling and money
laundering and the other three for complicity; the judge ordered their
transfer to prison. Hadia Toulaye Tandja and Abdoulahi were detained at
Say prison, Hamidou at Koutoukale, and Oumarou at Niamey. No trial date
had been set by year's end.
On July 8, the TGON created a National Committee for the
Coordination of Actions relating to Money Laundering and Terrorism
Financing, in compliance with the Intergovernmental Group for Action
against Money Laundering and Terrorism Financing in West Africa. The
committee was charged with formulating a national strategy for the
fight against money laundering and terrorism financing and to make
recommendations on improving national policy on these issues.
On September 11, the minister of justice chaired the installation
of the Center for Legal Assistance and Citizen Action, created by the
country's section of Transparency International, with support from the
EU. The center tries to educate the population on the fight against
corruption and to assist victims and witnesses of corrupt practices in
preparing legal complaints.
On July 29, police detained former prime minister and current
National Movement for a Development Society party leader and
presidential candidate Seini Oumarou, former minister of commerce Sala
Habi, and two other officials of the Ministry of Commerce on charges of
embezzlement of public funds. On August 2, a judge at the Tribunal of
First Instance of Niamey arraigned them and released them on bail. At
year's end, no date had been set for their trial.
On August 3, police detained former national treasury director
Siddo Elhadj on charges of illegally granting a waiver that allowed a
foreign businessman to abscond with two billion CFA ($4.1 million)
intended as a security deposit in the organization of the 2009 Hajj.
The judge ordered his transfer to Kollo prison pending his trial at a
date that had not been determined at year's end.
On November 23, police detained Amadou Dioffo, director general of
Sonidep (fuel importation and distribution company) for the
mismanagement of a government special account for the amount of 3.6
billion CFA ($7.2 million) opened by Sonidep. On November 28, Dioffo
appeared before the Tribunal of Niamey, where the judge arraigned him
and ordered his transfer to Tillabery Prison pending a trial at a date
that had not been determined at year's end.
There were no further developments in the July 2009 corruption case
involving a purported memorandum of agreement between Multimedia
Communications and one of then-president Tandja's sons, Hadia Toulaye
Tandja, on the one hand, and an Australian mining firm on the other,
detailing the creation of a company called ``Niger Uranium Ventures
SA.''
There were developments in the 2009 ``illicit enrichment'' and
money laundering case against former prime minister Hama Amadou. On
December 3, the Tribunal of Niamey discharged the defendant for lack of
evidence.
There were developments in the 2008 illicit enrichment and fraud
case against former justice minister Maty Elhadji Moussa. On December
2, the State Court discharged the defendant for lack of evidence.
Articles 51 and 52 of the constitution require the president of the
republic, presidents of other government institutions, and cabinet
members to submit written statements of their personal property and
other assets to the Constitutional Court upon assuming office. These
statements are to be updated annually and at the end of an individual's
tenure. Initial statements and updates are published in the National
Register and the press. Copies of the statements are forwarded to the
Government's fiscal services. Any discrepancies between the initial and
the updated statements must be explained. The Constitutional Court has
authority to assess discrepancies. The designated officials are not
allowed to purchase or rent, by themselves or through other parties,
any government-owned property, or to bid for public or private
government contracts.
The State Inspectorate and the country's courts are responsible for
combating government corruption.
There are no laws that provide for public access to government
information; however, many documents could be obtained from individual
ministries and the National Archives. The Commission on Fundamental
Text was charged with drafting a national policy on access to public
information, but had not completed the document at year's end. The TGON
granted access to government information to both citizens and
noncitizens, including foreign media.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were somewhat cooperative and responsive to their views, but insecurity
in the North limited the ability of human rights groups to investigate
human rights violations.
The TGON created the ONDHLF on May 20, and its members sworn in on
August 18. It was supposed to operate without government interference
but lacked resources to implement an action plan.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and statutes prohibit discrimination based on
race, gender, disability, language, or social status, and the
Government generally effectively enforced these prohibitions.

Women.--Rape is punishable by 10 to 30 years in prison, depending
on the circumstances and age of the victim. The law does not explicitly
recognize spousal rape, but appears to cover it in practice.
Authorities made efforts to enforce the law. Although statistics were
not available, the Court of Appeals tried several criminal rape cases
during the year. Rape is a widespread problem. Between October 18 and
22, the Tahoua Court of Assizes tried four rape cases and convicted all
defendants. On March 2, the Niamey Court of Assizes had 12 rape cases
on its calendar. On March 15, it sentenced one guilty party to 10
years' imprisonment and awarded 1.5 million CFA ($3,033) in damages to
the victim. On March 22, a defendant guilty of the rape of a 13-year-
old girl was sentenced to six years' imprisonment, and one million CFA
($2,022) in damages was awarded to the survivor. On November 22, the
Niamey court of Assizes announced 12 new rape cases to be tried during
its session. Spousal rape was not frequently prosecuted, as survivors
often sought to resolve the issue within the family or were pressured
to do so.
Domestic violence against women was widespread, although reliable
statistics were not available regarding numbers of occurrences,
prosecutions, or convictions. Husbands commonly beat their wives. The
law does not explicitly prohibit domestic violence; however, a woman
can sue her husband or lodge criminal charges for battery, penalties
for which ranged from two months in prison and a 10,000 CFA ($21) fine
to 30 years' imprisonment. The Government tried with limited success to
enforce these laws; courts prosecuted cases of domestic violence when
they received complaints. Charges stemming from family disputes were
often dropped in favor of traditional dispute resolution mechanisms.
While women have the right to seek redress for violence in the
customary or modern courts, few did so due to ignorance of the redress
offered by the legal system and fear of repudiation or being
stigmatized. The Ministry of Population, Women's Promotion, and
Children's Protection, international organizations, NGOs, and women's
organizations conducted public awareness campaigns on violence against
women through several events that received wide media coverage.
Sexual harassment is a crime punishable by prison sentences from
three to six months and fines of 10,000 to 100,000 CFA ($21 to $202).
If the violator is in a position of authority over the victim, the
prison sentence is three months to one year and the fine is increased
to 20,000 to 200,000 CFA ($42 to $404). Sexual harassment was common.
Courts enforced applicable laws as cases were reported.
The Government recognized the basic right of couples and
individuals to decide freely and responsibly the number, spacing, and
timing of their children. While the law protects reproductive rights,
information regarding reproductive rights was not readily available.
There were no restrictions on the right of access to contraceptives.
Health clinics and local health NGOs were permitted to disseminate
information on family planning freely under the guidance of the
Ministry of Public Health. According to the ministry, use of
contraceptives increased from 8.5 percent in 2006 to 16.5 percent
during the year.
Men and women received equal access to diagnosis and treatment for
sexually transmitted diseases, including HIV. Since 2007 the Government
has provided free health care for children up to five years of age,
which contributed to increased access to health centers for women's
general and essential obstetric and postpartum care, including
prevention of mother-to-child transmission of HIV. Due to a shortage of
skilled health professionals and limited resources, some women used
traditional midwives (matrones) during childbirth and were referred to
hospitals only when the mother or child suffered more serious health
complications. According to the Population Reference Bureau, in 2008
approximately 16 percent of births were attended by skilled personnel
and the UN Population Fund estimated the maternal mortality ratio (the
ratio of the number of maternal deaths per 100,000 live births) to be
820, and a woman's lifetime risk of maternal death was one in 16.
Although the constitution provides for equal rights regardless of
gender, women do not have the same rights as men under family law in
customary courts. Legal rights as head of household apply only to men;
a divorced or widowed woman, even with children, was not considered to
be a head of household. Traditional and religious beliefs resulted in
discrimination in education, employment, and property rights.
Discrimination was worse in rural areas, where women helped with
subsistence farming and did most of the childrearing, cooking, water-
and wood-gathering, and other work. Despite constituting 47 percent of
the formal sector work force, only 26 percent of the civil service and
22 percent of professionals were women in 2006. In the absence of a
formal will stating otherwise, women received one-third of a deceased
parent's property. In the East, there were reports that some husbands
cloistered their wives and prevented them from leaving their homes
unless escorted by a male relative and, even with an escort, they were
usually permitted to leave the house only after dark.
In the civil service and the formal sector, there was no indication
that women experienced discrimination in access to employment or pay
for similar work.
The country has adopted several laws and regulations for the
development of women. The law mandates that women fill at least one-
fourth of senior government positions and at least 10 percent of
elected seats to increase their presence in decision-making positions.
The Government also had programs to provide microcredit, access to
clean water, and access to health services for women.

Children.--Citizenship is derived from one's parents. Birth
registration, especially in remote rural areas and in nomadic
communities, did not take place promptly due to a lack of awareness,
remoteness of government services, or inadequate resources. With the
support of the UN Children's Fund (UNICEF), the Government worked to
address this problem. The Government's failure to register births did
not result in denial of public services, although it has complicated
the process of qualifying as a candidate for public office.In principle
the six years of elementary education was compulsory, tuition-free, and
universal from the age of six; in practice only a fraction of children
attended school. Boys constituted 56 percent of those who finished
primary school. In 2008 the Government estimated that 45.6 percent of
primary-school-age girls and only 12.46 percent of secondary-school-age
girls were enrolled; even fewer attended regularly. Most parents kept
young girls at home to work, and girls rarely attended school for more
than a few years.
Violence against and abuse of children was common. Each of the 10
district courts and 36 magistrate courts had at least one judge who
addressed children's issues, including child labor. All judicial police
sections at the regional and district levels may handle cases involving
juveniles and refer them to judges. The Government also collaborated
with UNICEF and the International Labor Organization (ILO) in programs
designed to improve enforcement of the law and to sensitize civil
servants, parents, traditional chiefs, and other key actors on
children's rights.
Female genital mutilation (FGM) is against the law and punishable
by six months to three years in prison. If an FGM victim dies, the
practitioner can be sentenced to 10 to 20 years' imprisonment. Certain
ethnic groups practiced FGM, predominantly the Fulani and Djerma in
western Niger. According to UNICEF, the FGM rate decreased from 5
percent in 1998 to 2.2 percent in 2006. However, a 2008 UN Office for
the Coordination of Humanitarian Affairs report stated that
circumcisers traveled from Burkina Faso to Niger to carry out FGM on
nomad Gourmantche girls as part of a rising trend of cross-border FGM.
FGM was practiced on young girls, with clitoridectomy the most common
form. The Government actively combated FGM, continuing its close
collaboration with local NGOs, community leaders, UNICEF, and other
donors to distribute educational materials at health centers and
participate in educational events.
On January 14, following a complaint lodged by the Nigerien
Committee against Harmful Traditional Practices (CONIPRAT), a women's
rights NGO, against three women practitioners of FGM, the lower court
in Kollo, Tillabery Region, sentenced each defendant to an eight-month
suspended sentence and a 40,000 CFA ($80) fine. On February 6, in
Tamou, Say District, the minister of population, women's promotion, and
child protection, chaired the celebration of the International Day of
``Zero Tolerance'' of FGM, during which the community issued a public
statement pledging to abandon the practice of FGM. On November 27,
authorities arrested a woman in a village near Niamey and charged her
with seven cases of FGM, performed on seven children between the ages
of two months to three years. They also arrested the children's
mothers. CONIPRAT called for the woman to be prosecuted to the full
extent of the law, given her history and the age of the victims. No
date was determined for hearings. In December the court and mental
health specialists determined that the FGM performer was mentally
impaired. Authorities removed her from custody and placed her under
medical care.
Child marriage was a problem, especially in rural areas. The law
allows a girl deemed to be ``sufficiently mature'' to marry at 15. Some
families entered into marriage agreements under which girls from rural
areas as young as 12 or even younger were sent to their husband's
families under the ``supervision'' of their mothers-in-law. The
Ministry of Population, Women's Promotion, and Child Protection
cooperated with women's associations to sensitize traditional chiefs
and religious leaders of rural communities to the problem of underage
marriage.
Child prostitution was a problem. The Penal Code criminalizes the
procurement of a minor for the purpose of prostitution. Although there
was no precise age of consent, the law prohibits ``indecent'' acts
toward minors. It was left to judges to determine what constituted an
indecent act. Such activity and a corollary statute against ``the
incitement of minors to wrongdoing'' were punishable by three to five
years in prison. This provision also applies to child pornography.
There were reports that some child prostitution existed along the main
East-West highway, particularly between the cities of Birni n'Konni and
Zinder along the Niger-Nigeria border. There was also evidence of young
girls working mainly as domestic servants and occasionally as
prostitutes, sometimes with the complicity of their families.The
constitution and law require the Government to promote children's
welfare; however, minimal financial resources were allotted for this
purpose. The Government continued its multifaceted public education
campaign on children's rights. This included forced labor issues,
efforts to improve girls' education, the dangers of child marriage,
improvements in birth registration, and efforts to withdraw children
from the labor force and reenroll them in schools and vocational
training programs.
Infanticide occurred, and at least half of the female prison
population was charged with this crime.
Many displaced boys from rural areas were indentured to Islamic
schools and begged on the streets of larger cities. Hundreds of
children were displaced by the famine and floods. Displaced children
had access to government services (see section 2.d., IDPs).
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--There was no significant Jewish community, and
there were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with physical and mental disabilities in
employment, education, and access to health care and other government
services, and the Government generally enforced these provisions. The
law mandates that the state provide for such individuals, but there
were no specific regulations mandating accessibility to buildings,
transportation, and education for persons with disabilities. The
Government provides limited health care to persons with disabilities.
Societal discrimination existed against persons with disabilities,
particularly mental disabilities and leprosy. The Ministry of
Population, Women's Promotion, and Children's Protection is responsible
for protecting the rights of persons with disabilities, including those
with sensory or intellectual disabilities.
There were no reports of abuse of persons with disabilities in
educational facilities. In May the country adopted a law determining
regulations for the social protection of persons with disabilities.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There are no laws
criminalizing sexual orientation. There were no known organizations of
lesbian, gay, bisexual, or transgender persons and no reports of
violence against individuals based on their sexual orientation or
gender identity. However, gay persons experienced societal
discrimination.

Other Societal Violence or Discrimination.--Persons with HIV/AIDS
experienced societal discrimination. There were strong government
efforts to discourage such discrimination. The Government continued its
antidiscrimination campaign in conjunction with several other
organizations working on HIV/AIDS issues.
Section 7. Worker Rights

a. The Right of Association.--The constitution and law allow all
workers to form and join trade unions without previous authorization or
excessive requirements, and workers exercised this right.
The country had a total workforce of 4.36 million in 2008. Only 20
percent of this number, mainly from the public sector (7 percent) and
the parastatal and formal private sectors (13 percent), belonged to
trade unions. Approximately 80 percent of the workforce worked in the
nonunionized subsistence agricultural and small trading sector.
The constitution and statutes provide for the right to strike,
except for police and other security forces, and workers exercised this
right. The labor code does not contain provisions that restrict the
right to strike. Workers need only give employers at least three days'
advance notice. On several occasions during the year, the TGON filed
lawsuits before the Tribunal of Niamey, which ruled some strikes
proposed by unions to be illegal on the grounds that they involved
political rather than labor issues. There were several strikes during
the year, mainly in the education sector. From late September until
November, the Syndicat National des Enseignants et Chercheurs du
Superieur (higher education teachers' union--SNECS) observed a series
of strikes to protest recent reforms proposed by the Government,
relating to the national university's bylaws including the appointment
of the university rector by the Government (as opposed to the current
practice of electing the rector from among faculty members); the
transformation of the regional University Institutes of Technology into
full-fledged universities; and the redeployment of teachers nationwide.
The SNECS demanded that the university's ``autonomy'' be maintained and
that any reform be discussed with all stakeholders of the higher
education system. It further demanded the resignation of the minister
of higher education. On one occasion, the TGON filed a lawsuit and won
when the court ruled that the strike was illegal. The TGON took no
further legal action until the resolution of the crisis via negotiation
in late November.

b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference, and unions
exercised their right to bargain collectively for wages above the legal
minimum and for more favorable working conditions. Collective
bargaining also existed in the public sector. There were several
collective agreements during the year, although the exact number is not
available. During Tandja's tenure, the Government often harassed labor
unions that opposed its actions. There were no reports of antiunion
activities or employer interference under the TGON.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, except for legally convicted prisoners, and
prohibits slavery. It does not, however, specifically prohibit forced
or compulsory labor by children, and such practices occurred. In
general the Government did not adequately enforce the antislavery laws.
A traditional form of caste-based servitude was still practiced by the
Tuareg, Djerma, and Arab ethnic minorities, particularly in remote
northern and western regions and along the border with Nigeria.
Persons born into a traditionally subordinate caste sometimes
worked without pay for those above them in the social order. Estimates
of numbers vary widely, from a 2004 estimate of 8,800 persons to a 2003
estimate of 43,000. Such persons are forced to work without pay for
their masters throughout their lives, primarily herding cattle, working
on farmland, or working as domestic servants. Children become the
property of their masters and can be passed from one owner to another
as gifts or as part of a dowry. Abusers force girls to start work as
domestic servants at a very young age. Girls may be sexually abused by
men in the household or forced to marry at a young age.
Although the Government publicly banned slavery in 2003, slaves
continued to be liberated and given manumission certificates.
Individuals had the legal right to change their situation, and it was
illegal for their masters to retain them; but most victims of slavery
did not act on their rights. Fear, physical or social coercion, and
lack of viable economic alternatives for freed slaves were factors in
maintaining the slave-master relationship.
On April 27 and 28, the Ministry of Labor, with support from
International Labor Organization's International Program for the
Elimination of Child Labor (ILO/IPEC), organized a workshop to educate
22 musicians, actors, and comedians about the worst forms of child
labor and how they can fight against it by raising public awareness
through songs, plays, skits, dances, and other action.
On June 8, upon a complaint lodged by the country's branch of the
Coalition of African NGOs Working with Children (CONAFE-Niger), the
tribunal of Madaoua arrested two suspected traffickers who used five
girls under the age of 15 in a prostitution ring. CONAFE-Niger retained
legal counsel for the girls and on June 29, each defendant received a
six-month suspended sentence and a 50,000 CFA ($100) fine. CONAFE-
Niger, gave the girls counseling, training, and material support to
start their own businesses.
On August 9 and 10, the Ministry of Labor, in conjunction with ILO/
IPEC, organized a capacity-building workshop in Niamey for labor
unions, employers' organizations, government agencies, implementing
agencies, and the media, based on results of a previous training
program entitled ``Understanding and Fighting Children's Use in
Domestic Labor in Francophone Africa,'' held in Morocco.
On September 2, the Nigerien Association for the Defense of Human
Rights, in collaboration with the Ministries of Defense and Justice,
organized a capacity-building workshop for police, gendarmes, and
national guard on the protection of human rights including gender
issues, child protection, and trafficking in persons.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment of children under the age of 14, except as
authorized by decree; however, child labor was a problem, and the
Government did not effectively enforce the law. A 1967 labor decree
also regulates child labor. Children under the age of 12 are prohibited
from working. Twelve- and 13-year-olds may perform nonindustrial light
work for a maximum of two hours per day outside of school hours with a
labor inspector's authorization, as long as such work does not impede
their schooling. Light work is defined as including some domestic work,
fruit picking and sorting, and other light, nonindustrial labor. Those
children 14 to 18 years of age may work a maximum of 4.5 hours per day.
Children may not perform work that requires force greater than their
strength, may damage their health or development, is risky, or is
likely to undermine their morality. The law requires employers to
provide minimum sanitary working conditions for children.
In 2008 the country's unions and women's associations stated that
46 percent of school-age children worked under difficult conditions,
performing work beyond their physical abilities in mines,
slaughterhouses, and domestic work.
Children worked in the agricultural, commercial, handicraft, and
domestic service sectors. The majority of rural children regularly
worked with their families from an early age helping in the fields,
pounding grain, tending animals, gathering firewood and water, and
doing similar tasks. Some boys were kept out of school to work as
beggars alongside blind relatives. Others were sent to Islamic schools
where their teachers made them beg and do manual labor. Child labor
also occurred in largely unregulated artisanal gold mining operations,
as well as in trona (a source of sodium carbonate compounds), salt, and
gypsum mines. Children working in gold mines were particularly
vulnerable to poor ventilation, collapse hazards, insufficient
lighting, and alcohol and substance abuse. Young boys from neighboring
countries were trafficked into the country to work in mines, in
quarries, on farms, as mechanics, or as welders.
Child trafficking, prostitution, forced labor, and traditional
caste-based servitude and slavery occurred. There were reports that
some child prostitution existed along the main East-West highway,
particularly between the towns of Birni, N'Konni, and Zinder along the
Niger-Nigeria border. In all regions, some local religious teachers and
loosely organized clandestine networks induced young boys to work as
beggars and manual laborers and young girls to work mainly as domestic
servants and occasionally as prostitutes, sometimes with the complicity
of their families. Children were also internally trafficked for work in
mines (see section 7.c.).
Inspectors of the Ministry of Labor are responsible for enforcing
child labor laws; however, resource constraints limited their ability
to do so, and there were no child labor inspections during the year.
The Ministry of Mining reportedly sought to make artisanal mining
licenses contingent upon agreements not to use child labor, but this
proposal was not adopted.
The Government also worked with international partners to provide
relevant education as an inducement to parents to keep their children
in school. The Ministry of Basic Education conducted training sessions
to help educators meet the special needs of child laborers. The
Government cooperated with a foreign government-funded project that was
implemented by ILO/IPEC to eliminate child labor in the mining
sector.The Government supported a 2006-10 foreign donor program with
funds of 1.5 billion CFA ($3.3 million) for the prevention and
elimination of child labor in mining in West Africa, implemented by
ILO/IPEC. The project was launched in 2006 and targeted approximately
3,000 children.On July 18 to 23, following an invitation by the
Ministry of Labor, officials from the ILO Dakar Regional Office visited
to initiate consultations for developing a ``decent work'' (acceptable
conditions of work) program for the country.
In December 2009 the Child Labor division of the Ministry of Labor,
in conjunction with ILO/IPEC, organized a session for its members and
local and international partners to approve Niger's report in line with
the ``Cross-Border Survey on Child Labor in Traditional Gold Mining in
Burkina Faso, Mali, and Niger.'' The study was completed during the
year and was awaiting adoption by the Government.
On January 21, the Child Labor division of the Ministry of Labor in
conjunction with ILO/IPEC organized a sensitization session for its
members and local and international partners in line with its policy of
``strengthening the institutional capacity of the national child labor
division and supporting the installation of a pilot system to monitor
child labor in the regions of Dosso, Maradi, Tillabery, Tahoua, Zinder,
and Niamey Commune V.'' The session provided participants with
information and training tools to address problems related to child
labor.
On June 7 to 9, Cameroon, the Central African Republic, Niger,
Nigeria, Sudan, and Chad, with support from UNICEF, held a regional
conference on the enrollment of children in armed groups and conflicts.
In a joint declaration, the six countries outlined their commitment to
child protection in line with global standards, including those in the
Optional Protocol to the Convention on the Rights of the Child on the
involvement of Children in Armed Conflict. The declaration also seeks
to enhance education and employment opportunities for children once
they have left armed groups. A committee has been established to
monitor implementation of the outcome. The country has neither ratified
nor signed the optional protocol. The Ministry of Women's Promotion and
Children's Protection is working with other government agencies, and
international organization and NGO partners are advocating ratification
of the protocol.
By year's end, the Government had not adopted the National Action
Plan on the Fight against the Worst Forms of Child Labor. With the
adoption of an antitrafficking law on December 16, the ECOWAS policy
will be effectively implemented.The Ministry of Labor had approximately
100 inspectors deployed nationwide.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

e. Acceptable Conditions of Work.--The labor code establishes a
minimum wage only for salaried workers in the formal sector with fixed
(contractual) terms of employment. Minimum wages are set for each class
and category within the formal sector; however, minimum wages did not
provide a decent standard of living for workers and their families. As
of 2006, the lowest minimum wage was 28,000 CFA ($57) per month, with
an additional 1,000 CFA ($2) added per child per month. The Ministry of
Labor effectively enforced minimum wages only in the regulated formal
sector.
The formal sector legal workweek was 40 hours with a minimum of one
24-hour rest period; however, the Ministry of Labor authorized longer
workweeks of up to 72 hours for certain occupations such as private
security guards, domestic workers, and drivers. Premium pay must be
paid for overtime, although the rate is not set by law; employees of
each enterprise or government agency negotiate with their employer to
set the rate. These formal sector standards were effectively enforced.
The labor code establishes occupational safety and health
standards. The Ministry of Labor is responsible for enforcing these
standards, although staff shortages caused inspectors to focus on
safety violations only in the most dangerous industries: mining,
building, and manufacturing. The Government effectively enforced
standards within these three industries, except that gold mining was
largely unregulated. Although generally satisfied with the safety
equipment provided by employers, citing in particular adequate
protection from radiation in the uranium mines, union workers in many
cases did not receive information about the risks posed by their jobs.
Workers have the right to remove themselves from hazardous conditions
without fear of losing their jobs. In practice, however, especially in
the nonunionized, informal sector, it was unlikely that they could
exercise this right without jeopardizing their employment. There are no
exceptions from such protections for migrant or foreign workers.

__________

NIGERIA

Nigeria is a federal republic of 36 states and a federal capital
territory, with a population of about 150 million. In 2007 Umaru Musa
Yar'Adua of the ruling People's Democratic Party (PDP) was elected to a
four-year term as president, along with Vice President Goodluck
Jonathan, also of the PDP. The election was marred by what
international and domestic observers characterized as massive fraud and
serious irregularities, including vote rigging and political violence.
Vice President Jonathan became acting president on February 9 after the
National Assembly conferred presidential authority on him during
President Yar'Adua's prolonged illness. On May 5, Jonathan assumed the
presidency following Yar'Adua's death. There were numerous instances in
which elements of the security forces acted independently of civilian
control.
Human rights problems during the year included the abridgement of
citizens' right to change their government; politically motivated and
extrajudicial killings by security forces, including summary
executions; torture, rape, and other cruel, inhuman or degrading
treatment of prisoners, detainees, and criminal suspects; harsh and
life-threatening prison and detention center conditions; arbitrary
arrest and detention; prolonged pretrial detention; denial of fair
public trial; executive influence on the judiciary and judicial
corruption; infringement on citizens' privacy rights; restrictions on
freedom of speech, press, assembly, religion, and movement; official
corruption and impunity; violence and discrimination against women; the
killing of children suspected of witchcraft; female genital mutilation
(FGM); child abuse and child sexual exploitation; societal violence;
ethnic, regional, and religious discrimination and violence; vigilante
killings; trafficking in persons for the purpose of prostitution and
forced labor; discrimination against persons with disabilities;
discrimination based on sexual orientation and gender identity; child
labor; forced and bonded labor; and abductions by militant groups.
By October 9, although most militant groups in the Niger Delta had
accepted then president Yar'Adua's offer of amnesty, by year's end
killings and kidnappings by militant groups began to increase, although
not to previous levels.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents committed numerous extrajudicial killings.
According to credible eyewitness accounts, uniformed security
forces participated in killings during ethnic violence in Plateau
State.
Security forces were responsible for killings during attempts to
apprehend religious extremists.
National police, army, and other security forces committed
extrajudicial killings and used lethal and excessive force to apprehend
criminals and suspects, as well as to disperse protesters. According to
a December 2009 Amnesty International (AI) report, security services
executed detainees in custody, suspected armed robbers under arrest,
persons who refused to pay bribes, and persons stopped during road
checks. While not confirming the report, Parry Osayande, the retired
police deputy inspector general in Nasarawa State, told reporters in
2009 that police killed hundreds of detainees annually, which he blamed
on lack of training and inadequate funding. Authorities generally did
not hold police accountable for the use of excessive or deadly force or
for the deaths of persons in custody. Police generally operated with
impunity in the illegal apprehension, detention, and sometimes
execution of criminal suspects. The reports of state or federal panels
of inquiry investigating suspicious deaths were not published.
During the year the Joint Task Force (JTF), a unit formed in 2003
to restore stability in the Niger Delta and composed of elements of the
military, police, and security services, conducted raids on militant
groups and criminal suspects in the Niger Delta, resulting in numerous
deaths and injuries to both alleged criminals and civilians alike.
Credible reports also indicated that other military personnel and
paramilitary mobile police carried out summary executions, assaults,
and other abuses across the Niger Delta (see section 1.g.).
On June 29, the mother of Salisu Ahmadu found his body in a Jos
mortuary after he was missing for five days. He was arrested earlier
for driving a motorcycle during a government crackdown on commercial
motorcycle (``okada'') drivers. His mother stated that she saw injuries
and two gunshot wounds on his body.
In April 2009 police in Mowe, Ogun State, indiscriminately fired
into the home of Patrick Akama, who had called police because his home
was being burgled. Akama died instantly.
In April a Maiduguri high court found that in July 2009 police
detained and subsequently killed Baba Fagu, the father-in-law of then
Boko Haram leader Muhammad Yusuf. The court ordered the federal and
state governments to pay 100 million naira ($667,000) as compensation
to Fagu's family. The police stated that they would appeal the
judgment. Fagu's death followed violent clashes between police and
militant members of Boko Haram in four northern states in July 2009
which resulted in more than 700 deaths; quick burials in mass graves
precluded an accurate accounting of the dead. Numerous injuries
resulted, and the Red Cross estimated that about 4,000 persons were
displaced. The clashes were preceded by Boko Haram attacks on police
stations and government buildings in Bauchi and Maiduguri. There were
reports of summary executions, use of excessive force, and widespread
arrests of suspected extremists, many based on little or no evidence.
Corpses of militants were found at police stations, and there were
numerous reports that police pulled persons from cars and summarily
shot them. According to AI, in July 2009 security forces killed an
estimated 200 alleged members of the sect trying to flee Maiduguri.
Religious leaders condemned the philosophy and actions of Boko Haram
but criticized the Government's use of excessive force and its failure
to address the social problems, including poverty and lack of
education, underlying the violence.
Also in July 2009 soldiers arrested Yusuf. Credible media reports
claimed that police executed Yusuf, whose bruised body subsequently was
seen at state police headquarters with multiple bullet wounds. While
police initially admitted killing Yusuf in custody, they subsequently
claimed he was killed while trying to escape. Buji Fai, a former state
government official suspected of funding Boko Haram, also reportedly
was killed in custody along with Fagu. In August 2009 then president
Yar'Adua pledged to conduct a full investigation of the Boko Haram
uprising, including the circumstances surrounding Yusuf's death, but
authorities had not publicly released the results of the investigation
by year's end.
In October 2009 a soldier shot Friday Ojieh at close range in his
office in Ikeja, Lagos. The soldier claimed self-defense, but the
victim's aunt questioned this explanation as the young man had some
money in one hand and his cell phone in the other.
In December 2009 AI published Killing at Will: Extrajudicial
Executions and Other Unlawful Killings by the Police in Nigeria, which
documented 39 cases of security force killings and enforced
disappearances based on interviews and research conducted between July
2007 and July 2009. According to the report national police conducted
hundreds of extrajudicial executions, other unlawful killings, and
enforced disappearances each year. Victims were not picked at random
and, in a country where ``bribes guarantee safety,'' those who could
not afford to pay were at risk of being shot or tortured to death. The
majority of cases were not investigated, and perpetrators were not
punished. When investigations did occur, they did not comply with
international standards, and officers suspected of extrajudicial
executions generally were sent away on training or transferred to other
states instead of being prosecuted. Police often claimed that the
victim was an armed robber killed in an exchange of gunfire or a
suspect killed while trying to escape police custody. AI charged that
Police Force Order 237, which permits officers to shoot suspects and
detainees who attempt to escape or avoid arrest, ``lets the police get
away with murder.''
In December 2009 in the northern state of Bauchi, a clash between
members of the Islamic Kala-Kato sect, town residents, and security
forces resulted in some 40 deaths, including children, in fighting that
lasted about three hours. The conflict started when residents
complained to police about aggressive open-air preaching against other
Muslim groups. Police arrested 20 persons, including children, for
allegedly fighting and burning homes. Police claimed that they killed
sect leader Mallam Badamasi and recovered ``bomb-making tools and
explosives.''
No action was taken against the four police officers from Ede, Osun
State, who in 2008 beat to death Misitura Ademola following her arrest
for theft; or the police officers in Oshogbo, Osun State, who in 2008
beat to death Dauda Najeem while attempting to extract a confession of
theft.
Authorities charged a police officer with responsibility in the
2008 death of bank manager Modebayo Awosika, who was shot in the head
for failing to stop after his car collided with a police vehicle in
Lagos. In November during the trial of a police officer implicated in
the case, police admitted that a police officer had killed the victim;
a second officer remained at large at year's end.
A panel established by Plateau State to investigate the killings of
about 700 civilians by security forces in the Jos North local
government area in 2008 attributed the violence to provocation by
religious leaders as well as violence by political parties and local
government officials; however, the panel's full report was not released
by year's end, and no one was charged or punished for any of the
killings. A second panel called by the president to investigate the
incident began public hearings and submitted its recommendations in
September; however, by year's end none of the recommendations was
implemented.
According to the 2009 AI report, police officers from the Ketu
antirobbery squad arrested persons attending a 2008 community party and
released only those who could pay a fine. One of the detainees unable
to pay died after being beaten with an iron bar and rifle butt.
No investigation was conducted into the 2008 police killings of
more than 50 persons in Ogaminana, Kogi State; police reportedly
attacked the village in reprisal for the killing of a colleague by
local youths.
In April 2009, after receiving a second petition from the Osun
State Civil Societies Coalition against Corruption and Rights
Violations, a team of police investigators visited Oshogbo to examine
three extrajudicial killings that occurred in 2008 and seven that
occurred in prior years. The investigators did not release a report on
their findings by year's end, despite multiple petitions.
Police use of excessive force, including live ammunition, to
disperse demonstrators resulted in numerous killings during the year.
For example, on April 3, Lagos police reportedly fired live
ammunition into a crowd of young protesters and killed two persons. The
crowd was protesting the police force's killing of another man two days
earlier who was suspected of spray-painting graffiti. A Lagos police
spokesperson later dismissed the accusation, and stated that no one was
killed.
In October AI released the report Port Harcourt Demolitions:
Excessive Use of Force Against Demonstrators, which documented an
attack in October 2009 in which police and the JTF fired into a crowd
of citizens peacefully protesting the proposed demolition of their
homes. The report stated that at least 12 persons were shot and
seriously injured, and witnesses claimed that they saw six bodies in a
police vehicle.
There were no developments in several 2008 police killings of
demonstrators, including the shooting deaths of three youths in
Okeagbe, Ondo State, and the killings of four demonstrators in Kaduna
State.
Violence and lethal force at unauthorized police and military
roadblocks and checkpoints continued during the year, despite numerous
announcements by the police inspector general that independent police
roadblocks would be eliminated and offenders punished. According to
AI's December 2009 report, police often stopped commercial drivers and
asked them to pay a bribe, the amount of which was determined by the
weight of the vehicle. Police shot drivers who refused to pay and also
shot them when a disagreement occurred over the price, or when it was
unclear whether a bribe had been paid.
Bystanders sometimes were shot by mistake. In April 2009, three-
year-old Kausarat Saliu was killed by a police bullet in Ketu that had
first penetrated her father's hand after their car had been stopped.
When the father ran towards the police officer that shot his daughter,
the police proceeded to assault her parents and detained both of them.
A federal high court judge ordered the Lagos State Police and the
officer to pay the family a fine of 32 million naira ($200,000) in
damages, stating that no one is above the law. By year's end the family
reported they had received no payment.
In May 2009 at a checkpoint in Emene, Enugu State, police shot
Aneke Okorie, who later died on his way to the hospital. An eyewitness
told AI that a police officer shot Okorie in the stomach and then hung
his gun around Okorie's neck to suggest that the officer had been
attacked by an armed robber. When radio reports in Enugu State claimed
that police had killed an armed robber, the eyewitness and community
leaders wrote a petition to the inspector general of police stating
that Okorie was innocent and asking that the perpetrators be brought to
justice. Authorities arrested the three police officers involved in the
shooting and dismissed one, who awaited trial at year's end.
In September 2009 in Festac, Lagos State, five police officers
stopped the car of Lagos State University student Michael Egwu at a
checkpoint and demanded documentation, which Egwu produced. According
to eyewitnesses, the officers subsequently demanded money, and an
argument ensued, during which one of the police officers shot and
killed Egwu. News reports claimed an officer was in custody over the
incident, but there was no confirmation by year's end.
In November 2009 a 70-year-old man on the way home from the wedding
of his son died after being shot in the head at a police checkpoint in
Osogbo, Osun State. The man had refused to pay a 20-naira (13-cent)
bribe. According to news reports, fellow officers removed the
intoxicated police officer from the scene.
In December 2009 at Ado-Awaye, Oyo State, two police officers
stopped 15 youths traveling by motorcycle, fired into the air to
frighten them, and then shot and killed one of the youths. One officer
was arrested; the other officer fled the scene, was dismissed in
absentia, and remained at large at year's end.
In December 2009 the district coroner absolved police of any
involvement in the 2008 killing in Lagos of journalist Abayomi Ogundeji
and ruled that armed thieves were responsible. Police also claimed that
Ogundeji had been killed by thieves, but a coroner's inquest in July
implicated police in the killing after eyewitness accounts described
the victim's unwillingness to get out of his car at a police roadblock.
One of the eyewitnesses was shot and killed a few days before the
inquest. The district coroner, however, accused police of failing to
conduct a proper investigation.
Despite police pledges fully to disclose details of the prosecution
into the 2008 shooting death of Gabriel Mordi at a checkpoint in Agbor,
Delta State, police officers responsible for the killing were quietly
redeployed to other locations in 2009.
Police and military personnel used excessive and sometimes deadly
force to quell civil unrest, property vandalism, and interethnic
violence.
For example, in October 2009, in Biu, Borno State, two of 100
motorcycle riders protesting the enforcement of a requirement to wear
crash helmets were killed during a confrontation with police; several
riders also were injured. A mob retaliated by burning Biu government
offices.
Ethno-religious violence, often triggered by disputes between
farmers and herders, resulted in deaths and displacement during the
year. The most deadly examples of such conflict were in Jos and the
farmlands surrounding the city. In two major attacks in January and
March, and later smaller scale attacks, up to 1,000 persons, mostly
women, children and the elderly, were killed (see section 6).
Organized extremist groups such as Boko Haram attacked police and
security forces during the year. Targeted attacks on police officials,
their families, and police stations contributed to the increase in
overall levels of violence. For example, on September 7, Boko Haram
members attacked the Bauchi State prison to free other members of their
group, resulting in the deaths of seven guards and police officers.
Reports indicated that 732 prisoners escaped, most of whom authorities
recaptured within four days (see section 6).
There were credible reports that traditional leaders were involved
in killings.
For example, in January 2009, the Ovie of Ozoro, a traditional
ruler, and several of his supporters attacked Eugene Ebiri, an
individual with mental disabilities who lived in Isoko North Local
Government Area, Delta State. Ebiri's offense reportedly involved
sitting on the Ovie's throne. He subsequently died, according to the
Network on Police Reform in Nigeria (NOPRIN), a network of 46 civil
society organizations dedicated to police reform and accountability.
Ebiri's body was taken to a mortuary, where it was located later by the
family after police authorities refused to provide any information on
the death. No action was taken against the perpetrators by year's end.
There continued to be reports of street mobs killing suspected
criminals during the year. There were no arrests reported from these
mob actions and no developments in cases from previous years.
The torturing and killing of children accused of witchcraft
resulted in numerous deaths during the year (see section 6).
Killings carried out by organized gangs of armed robbers remained
common during the year. In many regions groups of street youths, known
as ``area boys,'' operated illegal highway checkpoints at which they
demanded money from motorists.

b. Disappearance.--Continuing abductions of civilians by militant
and criminal groups occurred in connection with the conflict in the
Niger Delta, particularly in Port Harcourt (see section 1.g.). On
August 9, in an effort to address the increasing number of kidnappings,
the Nigeria Police Force (NPF) reported that 10 police officers were
dismissed or were being prosecuted for collaborating with kidnappers.
There was also a significant increase in abductions, some of which
may have been politically motivated, in other parts of the country.
Earlier kidnappings involved international oil workers and perceived
high-value targets. During the year, however, kidnappings occurred
against the middle class as a means of generating quick cash, and
against political opponents for political gain. Criminals also
kidnapped senior religious leaders.
While kidnappings for ransom commonly occurred in the south, they
became more widespread as a money-making ``venture.''
Infants were abducted; an eight-month-old boy was kidnapped in Port
Harcourt in February.
On April 8, more than 50 doctors from the main teaching hospital in
Benin City went on strike after unidentified gunmen abducted the chief
doctor on his way home from work. The protesting doctors demanded that
authorities find the captors and increase security. In May doctors
again went on strike to draw attention to the five doctors who had been
kidnapped in Benin City within one week, claiming ``doctors had become
the prime targets of kidnapping.''
On May 12, captors abducted and later killed Philomena Udoma, the
69-year-old mother of Akwa Ibom gubernatorial candidate Iniekong
Udonwa. They abandoned her body at the side of a rural road. Her
candidate son was captured from the family home at the same time,
wounded by a gunshot, and then left behind because of the severity of
his wounds.
On June 7, individuals kidnapped Halima Adamu, the wife of the
speaker of the Jigawa State House of Assembly. Police arrived at the
scene, chased, injured, and arrested four men after a gun battle. Two
of the suspects died on the way to the hospital, while the remaining
two died the next day.
On June 22, kidnappers abducted a British citizen in central Abuja
and took him to a hideout while demanding a ransom. Police rescued the
victim and arrested the suspected kidnappers. Reportedly no ransom was
paid.
The June 27 kidnapping of Ndubuisi Nwobu, Anambra State chairman of
the Action Congress Party, ended two days later with his safe release.
Both the family and police denied payment of a ransom.
During an Akwa Ibom raid on July 8, police killed three kidnappers
in their effort to free kidnap victim Akpan Timothy Akpan, the brother
of Senator Effiong Bob. Police confiscated four AK-47 rifles and 145
rounds of ammunition.
On August 27, four armed gunmen abducted Tafawa Balewa, a prominent
supporter of President Jonathan, from his office in Abuja and took him
to a forest area, where a gun battle with police ensued. Police
arrested two suspects. A reported ransom of 100 million naira
($660,000), later reduced to 7 million naira ($46,000) was demanded; it
was not known if the ransom was paid.
On August 30, police rescued the ten-year-old son of Adamu Dahiru,
a candidate for the House of Representatives, kidnapped by gunmen from
his home in Bauchi. Neither the family nor police would confirm payment
of a ransom.
On September 1, police posted public photos and information about
two men, one of who was a former police officer, wanted for the kidnap
and murder of Lotachukwu Ezeudu, a student from Enugu. Authorities
offered a financial reward for information leading to the arrest of
either suspect.
No arrests or prosecutions occurred in the following 2009 cases:
the March abduction of seven-year-old Etiosa Aghobahi; the April
abduction of five Canadian citizens on a Rotary exchange program; the
August abduction of two Kogi State council chairmen; the September
abduction of Waje Yayok, secretary to the Government of Kaduna State;
the October abduction of the 78-year-old father of Chukwuma Soludo, a
former central bank governor and the PDP candidate for governor of
Anambra State.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution and law prohibit such practices
and provide for punishment of such abuses, torture is not criminalized,
and security services personnel, including police, military, and State
Security Service (SSS) officers, regularly tortured, beat, and abused
demonstrators, criminal suspects, detainees, and convicted prisoners.
Police mistreated civilians to extort money. The law prohibits the
introduction into trials of evidence and confessions obtained through
torture; however, police often used torture to extract confessions.
JTF use of excessive force during raids on militant groups and
criminal suspects in the Niger Delta resulted in deaths, injuries, mass
rape, displacement of civilians, and other abuses in the Delta region
(see section 1.g.).
In May, the Open Society Justice Initiative, together with the
NOPRIN, released a 138-page report, Criminal Force: Torture, Abuse, and
Extrajudicial Killings by the Nigeria Police Force, with first-hand
reports from investigations at over 400 police stations. Describing
summary executions of suspects, torture as a means of investigation,
rape, and extortion, the report claimed that the Government had
acknowledged these problems but had actually allowed the abuse to
continue with ``a stunning degree of impunity.''
In August police called 17-year-old radio mechanic Osadebamwen
Okonigene to a police station in Edo State to repair electronics. When
he arrived, police allegedly detained and tortured him for three days
over an allegation of theft. His father went to the police station to
find his son and discovered that he had been beaten and burned; the boy
was taken to the local hospital, where he recovered. Police stated that
any officer found culpable would be disciplined or prosecuted; a court
case was pending at year's end.
On September 6, an unnamed government official and his police
escort encountered a Lagos traffic jam. The police officers jumped into
the traffic, armed with long rifles and wielding long horsewhips. They
proceeded to hit the stopped cars with their rifle butts and then,
angered because the traffic did not move, they began to flog drivers
with the whips to clear the road. Security forces' use of bullwhips was
declared illegal by the Lagos State governor in 2009; in this case, the
federal police ignored state law. Authorities took no action against
police.
Police commonly used a technique called ``parading'' of arrestees.
Parading involved literally walking the persons through public spaces,
subjecting the arrestee to public ridicule and abuse. Taunts, food, and
objects are often thrown. Police defended this practice with the
argument that public humiliation helps deter crime. In November a 15
year-old girl was paraded through the Lekki area of Lagos along with
her 50-year-old father who was accused of raping his daughter and
fathering her child. The father, the girl, and the baby were paraded by
the deputy Lagos police public relations officer.
Citing the nongovernmental organization (NGO) Social Justice and
Advocacy Initiative, the December 2009 AI report noted that
``intimidation, torture, and extortion of detainees'' remained
``entrenched practices'' in the criminal justice system. The National
Human Rights Commission (NHRC) claimed that ``most cases in court are
prosecuted by the police based on confessions obtained under
circumstances of torture.''
In August 2009 the Economic and Financial Crimes Commission (EFCC)
arrested and detained without charge student leader Abduliahi Ebiloma.
In July 2009 Ebiloma had asked to meet with the education minister to
discuss the teachers' strike and the removal of the minister; the
minister had rejected his request. During his 78-day detention Ebiloma
was beaten, shocked with electrodes attached to his torso, and not
allowed to confer with an attorney. In October 2009 he was released
without explanation, and his case was in the court system at year's
end. The case was repeatedly continued at the request of prosecutors
during the year. Ebiloma was suspended from his university and was
denied access to transcripts while awaiting a court decision.
Police and military use of excessive force in quelling the July
2009 uprising in Boko Haram communities resulted in numerous deaths and
injuries (see section 1.a.).
Police occasionally beat children. For example, in July 2009,
police in Iket, Akwa Ibom, entered a shelter that held 150 children
accused of witchcraft. When the children tried to prevent the arrest of
staff members, police beat children, rendering two girls unconscious
(see section 6.).
Security forces beat journalists during the year (see section
2.a.).
According to credible reports, during the year security forces
committed rape and other forms of sexual violence against women and
girls with impunity. Police officials acknowledged that rape was a
problem. In May, the Open Society Justice Initiative reported that rape
was ``a routine but unspoken aspect of policing'' and was ``one of the
fringe benefits attached to night patrol.'' In January, a police
officer allegedly impregnated 24-year-old homicide suspect Halima Abdu
while she was detained in Maiduguri. Authorities arrested the officer,
but no public information was available as to his whereabouts.
AI reported in December 2009 that police frequently raped women in
detention but that victims did not report the abuse because of the
social stigma attached to rape and the fact that police officers had
committed these crimes. In 2008 the NHRC reported a sharp increase in
reported cases of rape and sexual abuse, particularly of minors and
women in prisons and detention centers.
Varying Sharia penal codes existed in 12 northern states, and
Sharia courts delivered ``hadd'' sentences. For example, such sentences
included caning for minor offenses such as petty theft, public
consumption of alcohol, and prostitution; it was unknown if any of the
sentences were carried out during the year. Numerous Sharia cases from
previous years awaited appeal or implementation of sentence, including
pending amputation sentences in Jigawa, Bauchi, Niger, Kano, and
Zamfara States. To date, the only amputation sentence carried out
involved a victim who refused to appeal his 1999 conviction.
Statutory law mandates that state governors either impose a stay or
implement amputation or death sentences. Authorities often did not
carry out sentences under Sharia due to the lengthy process for
appeals. Because no relevant case had been appealed to the federal
level, federal appellate courts had yet to decide whether such
punishments violated the constitution. Courts consistently overturned
stoning and amputation sentences on procedural or evidentiary grounds,
but the sentences had not been challenged on constitutional grounds.
Caning is also a punishment under common law in the Northern Region
penal code and was not challenged in the courts as a violation of
statutory law. In some cases, convicted persons paid fines or went to
jail instead of being caned. Sharia courts usually carried out caning
immediately, while the Sharia criminal procedure code allows defendants
30 days to appeal sentences involving mutilation or death. Appeals
often took months or years to decide.
Ethnic or communal clashes resulted in deaths and injuries during
the year (see section 1.a.).

Prison and Detention Center Conditions.--Prison and detention
conditions remained harsh and life-threatening. Most of the country's
227 prisons were 70 to 80 years old and lacked basic facilities. Lack
of potable water, inadequate sewage facilities, and severe overcrowding
resulted in dangerous and unsanitary conditions. The federal government
operated all the country's prisons, but maintained few pretrial jail
facilities. Of the total prison population, 73 percent was not yet
convicted. There were no regular outside monitors of the prisons, no
statistics on mistreatment of prisoners, or on the availability of food
or medical care.
Prison illnesses included HIV/AIDS, malaria, and tuberculosis.
Inmates with these illnesses lived with the regular population.
Although authorities made an effort to isolate persons with
communicable diseases, the facilities often lacked the space to do so.
No reliable statistics exist on prison deaths.
The office of the controller general of prisons released statistics
at the end of August showing that the country's prisons held 48,000
inmates. Individual prisons held up to 275 percent of their designed
capacity. For example, the prison in Ikoyi had a capacity of 800
prisoners but held more than 1,900. Makurdi prison in Benue State, with
a capacity of 240 prisoners, housed 456, while Port Harcourt prisons,
with a capacity of 804 prisoners, held 2,924. Of the inmate population,
about 2 percent were female and 1 percent juveniles.
Authorities sometimes held female and male prisoners together,
especially in rural areas, and prisons had no facilities to care for
pregnant women or nursing mothers. Infants born to inmate mothers
usually remained with the mother until weaned.
Although the law precludes the imprisonment of children, in 2008
more than 300 children lived in the country's prisons, many of whom
were born there. Despite a government order to identify and release
such children and their mothers, authorities had not solved the problem
by year's end.
Political prisoners were held with the general prison population,
not separately.
Prison authorities allowed visitors within a scheduled timeframe.
Few visitors came due to lack of family resources and travel distance.
Prisoners could attend religious observances, although prisons often
did not have equal facilities for both Muslim and Christian worship. In
some prisons outside clergy constructed chapels or mosques.
Prisoner complaints centered on access to court proceedings; in
many cases, there was no transportation to take an inmate to a court
hearing. No effective system existed for monitoring prisons for
inhumane conditions. All prisons suffered from poor facilities,
overcrowding, and lack of resources.
The Government provided access to prisons for monitoring
conditions, although few outside visits occurred. The local Red Cross
made attempts to visit prisons, but could not maintain a regular visit
schedule. Authorities inconsistently maintained records for individual
prisoners in paper form, but without making them widely accessible.
The Government did not make widespread improvements to prisons
during the year, but individual prison administrations made attempts to
obtain donations to benefit the inmates. For example, benefactors
contributed equipment and materials for workshops. In September the
first lady of Kano State paid the fines of 15 female inmates, allowing
their release from overcrowded prisons.
Those awaiting trial suffered more than those already convicted due
to lack of funding for their care. Inadequate medical treatment caused
many prisoners to die of treatable illnesses. In October 2009 Jerry
Manwe, the chair of the House Committee on the Interior, made a
surprise visit to the Kaduna State Prison, after which he called
conditions ``deplorable'' and criticized the lack of facilities. The
deputy controller of prisons responded that the prisons lacked safe
water, electricity, and basic infrastructure.
The country also operated 86 satellite prisons, 11 farm centers,
eight zonal offices, and six directorates, all of which held prisoners
and detainees. Conditions in these facilities were no better than in
the other prisons.
Disease was pervasive in cramped, poorly ventilated prison
facilities, and chronic shortages of medical supplies were reported.
Only those with money or whose relatives brought food regularly had
sufficient food; prison officials routinely stole money provided for
food for prisoners. Poor inmates often relied on handouts from others
to survive. Prison officials, police, and other security forces often
denied inmates food and medical treatment as punishment or to extort
money.
During a visit to Niger State's Minna Old Prison on September 2, an
observer noted that women were housed in a separate cell building and
slept on bunk beds under mosquito nets which the wife of the governor
provided. By contrast, the 252 male prisoners slept on bare floors with
no bedding in a prison built in 1937 to house 149 prisoners.
Inmates died from harsh conditions and denial of proper medical
treatment during the year; however, an accurate count was not available
from prison authorities.
Prisoners with mental disabilities were incarcerated with the
general prison population, and no mental health care was provided.
The country does not provide services of an ombudsman who can serve
on behalf of prisoners and detainees to consider such matters as
creating alternatives to incarceration for nonviolent offenders to
alleviate overcrowding; addressing the status and circumstances of
confinement of juvenile offenders; or improving pretrial detention,
bail or recordkeeping procedures to ensure that prisoners do not serve
beyond the maximum sentence for the charged offense.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, police and security
forces continued to employ these practices. The JTF arbitrarily
arrested hundreds of persons during the year during sweeps for
militants, and security forces made arbitrary arrests in Plateau State
following ethnic violence.
The NOPRIN is a group of 46 civil society organizations dedicated
to promoting police accountability. The organization partnered with the
NHRC and the National Committee on Torture to hold a series of six
public tribunals in each geopolitical zone of the country to provide an
opportunity for victims and their families to put cases before a panel
of judges in order to seek redress and public exposure of police
abuses. The public hearings were well attended, received press
coverage, and brought justice to the small number of complainants
heard.

Role of the Police and Security Apparatus.--The NPF reports to the
inspector general of police, who is appointed by the president and
responsible for law-enforcement operations. An assistant inspector
general commanded each NPF state unit. The constitution prohibits state
and local governments from organizing their own police forces; however,
state governors may direct federal police for local emergency actions.
The SSS is responsible for internal security and reports to the
president through the national security advisor. Due to the police's
inability to control societal violence, the Government continued to
rely on the army in some cases.
The NPF committed human rights abuses and generally operated with
impunity in the apprehension, illegal detention, and sometimes
execution of criminal suspects. The SSS also committed human rights
abuses, particularly in restricting freedom of speech and press.
Police officers themselves were not immune to harassment. For
example, Emcy Munlip, a female police corporal serving in Rivers State,
refused the advances of her commander, David Obike Eme. He directed
that she would no longer have government housing privileges and
immediately evicted her with her belongings.
According to AI's December 2009 report, only a fraction of the NPF
annual budget reached state and local police stations, and the lack of
funding contributed to many police failures. Officers worked without
basic equipment and sometimes made crime victims pay for the gasoline
and stationery necessary to conduct an investigation. Such lack of
resources contributed to corruption (see section 4).

Arrest Procedures and Treatment While in Detention.--Police and
security forces have authority to arrest without warrant, if they have
a reasonable suspicion that a person committed an offense, a power they
often abused. By law police may detain persons for 48 hours before
charging them with an offense. The law requires an arresting officer to
inform the accused of charges at the time of arrest, to transport the
accused to a police station for processing within a reasonable time,
and to allow suspects to engage counsel and post bail. However, police
routinely detained suspects without informing them of the charges or
allowing access to counsel and family members. Provision of bail was
often arbitrary or subject to extrajudicial influence. Conditions of
bail set by judges often were too stringent to be met. In many areas
with no functioning bail system, suspects remained incarcerated
indefinitely in investigative detention within the prison system.
Detainees were kept incommunicado for long periods. Numerous detainees
alleged that police demanded bribes to take them to court to have their
cases heard. If family members wanted to attend a trial, police often
demanded additional payment.
Persons who happened to be in the vicinity of a crime reportedly
were held for interrogation for periods ranging from a few hours to
several months. After their release, authorities frequently asked them
to return for further questioning.
Security forces arbitrarily arrested numerous persons during the
year. During the January to March fighting between ethnic groups in
Plateau State, and, after the Jos bombings in December, authorities
arrested hundreds of persons in Jos, many based on little or no
evidence of involvement (see sections 1.a. and 6). Some bystanders
gained release within a few days; however, an unknown number of persons
were held without bail or charges at year's end.
Security forces detained journalists and demonstrators during the
year (see sections 2.a. and 2.b.).
The EFCC reportedly singled out political opponents of the
governing party in its arrest and detention of state, local, and
federal government officials on corruption charges during the year (see
sections 1.c. and 4).
The rape of women in detention by police was a problem (see section
1.c.).
On September 3, a combined team of police and soldiers in Ebonyi
State arrested 14 suspected members of the Movement for the
Actualization of the Sovereign State of Biafra for treason for holding
a peaceful meeting and wearing shirts or caps with a Biafran insignia.
At year's end there was no information on the status of these cases.
Lengthy pretrial detention remained a serious problem, and human
rights groups reported that detainees awaiting trial constituted 73
percent of the prison population, with some awaiting trial more than 10
years. At year's end 35,000 pretrial detainees resided in the country's
prisons, out of a total of 48,000 prisoners. Serious trial backlogs,
endemic corruption, and undue political influence continued to hamper
the judicial system. Multiple adjournments in some cases resulted in
serious delays. Many detainees were denied trials because police lacked
vehicles to transport them to court on their trial dates. In Makurdi
prison, where 78 percent of prisoners were awaiting trial, pretrial
detainees held a protest in November 2009 because so many were unable
to make their court dates due to lack of transportation.
The NHRC reported that some detainees were held because authorities
had lost their case files. Some state governments released inmates
already detained for longer than the potential maximum sentence they
would have received if they had been convicted. Although detainees had
the right to submit complaints to the NHRC, the commission had no power
to respond. Detainees could try to complain to the courts but often
found this approach impossible. Even detainees with legal
representation often waited years to gain access to the courts.
In April the attorney general created a prisons decongestion
committee in response to controversies over the large number of inmates
in prisons and the overstretched facilities. The committee did not
release the results of its work by year's end.
On June 15, the National Economic Council announced a decision
directing state governors to sign death warrants immediately for the
870 death-row inmates in the country's prisons for the purpose of
reducing overcrowding. Such action led to an immediate and vocal
reaction by NGOs, the African Union's human rights body, and the
Economic Community of West African States (ECOWAS), which implored the
Government not to implement such a plan. Public opinion cited the lack
of fair trials and citizens' rights of appeal. Authorities did not
carry out the executions by year's end.
During the week of August 23, the chief judge of Niger State made
spot visits to state prisons as part of an annual effort to reduce
overcrowded conditions. He released inmates on several grounds, such as
humanitarian and medical reasons, the weak legal cases of pretrial
inmates, remorse, and good behavior while in prison.
In August 2009 Lagos State Governor Babatunde Fashola granted
amnesty to three death-row inmates; the sentences of 29 death-row
inmates were commuted to life in prison, and eight others were commuted
to various jail terms. The governor stated he wanted to give the
prisoners ``hope of changing their behaviors and being rehabilitated
into society.''

e. Denial of Fair Public Trial.--Although the constitution and law
provide for an independent judiciary, the judicial branch remained
susceptible to pressure from the executive, the legislative branch, and
business. Political leaders influenced the judiciary, particularly at
the state and local levels. Understaffing, underfunding, inefficiency,
and corruption continued to prevent the judiciary from functioning
adequately. Judges frequently failed to appear for trials, often
because they were pursuing other sources of income and sometimes
because of threats against them. In addition, court officials often
lacked the proper equipment, training, and motivation to perform their
duties, with lack of motivation primarily due to inadequate
compensation. During the year supreme court judges called for a more
independent judiciary.
The Ministry of Justice implemented strict requirements for the
education and the length of service for judges at the federal and state
level; however, there were no requirements or monitoring bodies for
judges at the local level, which resulted in corruption and
miscarriages of justice in those courts.
Military courts tried only military personnel.
Sharia and customary (traditional) courts of appeal function in 12
states and the Federal Capital Territory (FCT). The constitution also
provides that the Government establish a federal Sharia court of appeal
and a final court of appeal, but these courts were not established by
year's end.
The constitution provides that states may establish courts based on
common-law or customary-law systems. The law also provides that states
may elect to use the Sharia penal code in the courts. While Sharia
courts have been in operation throughout the north for centuries, in
2000 Sharia courts were empowered to also hear criminal cases and pass
sentences based on the Sharia penal code, which outlines ``hadd''
offenses and punishments, including caning, amputation, and death by
stoning.
The nature of a case usually determined which court had
jurisdiction. The return to the Sharia courts stemmed at least in part
from inefficiency, expense, and corruption in the regular court system.
Defendants have the right to challenge the constitutionality of
Sharia criminal statutes through the common-law appellate courts;
however, no challenges with adequate legal standing reached the common-
law appellate system. The highest appellate court for Sharia remained
the Supreme Court, staffed by common-law judges not required to have
any formal training in the Sharia penal code.

Trial Procedures.--The constitution provides for public trials in
the regular court system and individual rights in criminal and civil
cases. The law does not provide for juries. A defendant is presumed
innocent and has the right to be present, confront witnesses, present
evidence and witnesses, be represented by legal counsel, and have
access to government-held evidence; however, these rights were not
always respected. Although an accused person is entitled to counsel of
his choice, there is no law preventing a trial from going forward
without counsel, except for certain offenses for which the penalty is
death. The Legal Aid Act provides for the appointment of counsel in
such cases and stipulates that a trial should not go forward without
it. Defendants have the right of appeal.
In both common-law and customary courts (including Sharia),
indigent persons without representation were more likely to have their
sentences carried out immediately, although all convicted persons have
the right to appeal. The federal government instituted a panel of legal
scholars in 2003 to draft a uniform Sharia penal code to replace
divergent Sharia codes adopted by various northern states; however, the
panel did not produce a report, and states continued to apply their
individual codes.
There were no legal provisions in common law barring women or other
groups from testifying in civil or criminal proceedings or giving their
testimony less weight, but the testimony of women and non-Muslims
usually was accorded less weight in Sharia courts. Some ``qadis''
(Sharia court judges) allowed separate evidentiary requirements to
prove adultery or fornication for male and female defendants. For women
pregnancy was deemed permissible evidence in some Sharia courts. By
contrast men could only be convicted by confessing to the crime or by
eyewitness testimony. Sharia courts provided women with certain
benefits, including increased access to divorce, child custody, and
alimony, as to get an audience in a Sharia court was significantly
easier, faster, and cheaper than in a common law court.
There was a lack of due process in numerous trials. For example, in
April 2009, the army convicted 27 enlisted soldiers who had served as
UN peacekeepers of mutiny and sentenced them to life in prison; the
soldiers had protested after officers had stolen their stipend during
deployment. After the case garnered international media attention,
prison guards took reprisals against the jailed soldiers. The army
reduced the sentences of the 27 to seven years. Meanwhile, the army
found the officers guilty of theft and reassigned or forced them to
retire; however, none received a prison sentence. In September the
defense attorney appealed to the new army chief of staff to review
these sentences.
At the end of the year, a Lagos court released Major Hamza al-
Mustapha, who had been held without trial since 1998. Authorities
arrested him on treason charges for alleged assassination attempts on
former president Olusegun Obasanjo and other prominent prodemocracy
activists. Al-Mustapha was an army intelligence officer on the staff of
the former military leader Sonny Abacha. Saying the prosecution had not
made its case, the judge discharged al-Mustapha and acquitted him.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees; however, persons arrested in previous
years for alleged treason remained in detention at year's end.

Civil Judicial Procedures and Remedies.--The constitution and law
provide for an independent judiciary in civil matters. However, the
executive, the legislature, and business interests exerted undue
influence and pressure in civil cases. Official corruption and lack of
will to implement court decisions also interfered with due process. The
law provides for access to the courts for redress of grievances, and
courts can award damages and issue injunctions to stop or prevent a
human rights violation. However, the decisions of civil courts were
difficult to enforce.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, but authorities
infringed on these rights during the year, and police raided homes
without warrants.
The Federal Capital Development Authority (FCDA) continued to
demolish homes and businesses illegally in the FCT that allegedly did
not comply with the city's master plan. The FCT government typically
claimed that demolished homes, businesses, or churches lacked proper
permits, even if owners were able to produce paperwork indicating the
structures were built legally. There was no transparent legal process
for deciding which homes would be demolished, and persons whose homes
were destroyed had no recourse to appeal and received no compensation.
According to the Swiss-based Center on Housing Rights and Evictions,
authorities demolished more than 800,000 homes in the Abuja area since
2003. There was widespread opinion that the demolitions were primarily
motivated by corruption and discrimination based on socioeconomic
class, since mostly lower- and middle-class persons lost their homes
and property, which, once vacated, were sold to wealthy persons with
connections to government officials.
A long effort by the Rivers State governor to demolish slums on 21
Port Harcourt waterfront sites, which would displace 200,000 residents,
came to the courts in July when the members of the Ijaw ethnic group
filed a suit to stop the demolition and resettlement. The Government
sought to clear out ``poorly built structures'' and to replace them
with schools and commercial and residential buildings in an urban
renewal program paid by investors. Residents protested evictions
without adequate planning made for replacement housing for the poor.
State payments were made to landlords, but this money did not reach the
residents in order to facilitate their relocation. On August 29, First
Lady Patience Jonathan, a native of Rivers State, visited the area and
joined the debate in a public disagreement with the governor about the
demolitions (see sections 1.a and 2.d.). In October, AI published a
report on the demolitions and displacement of residents, and called for
an investigation by the federal government of police use of excessive
force, and the adoption of new laws addressing the use of lethal force
that would bring the country's laws into agreement with those permitted
under international human rights law and standards. On October 24, a
lawsuit was filed against the state and federal governments for use of
excessive force and loss of property. At year's end no action on the
court case was made public.
The Government also destroyed the homes of suspected opponents. For
example, in January 2009 the JTF expanded its operations beyond the
Niger Delta to raze 10 villages of the Abala community in Abia State.
Residents were injured, and more than 80 homes were destroyed. The JTF,
in conjunction with Abia State vigilante services and police forces,
accused residents of sheltering armed robbers. No action was taken
against the soldiers and vigilantes.
In April 2009 authorities expelled 2,000 Fulani nomads from the
Wase Local Government Council in Plateau State after disputes over
grazing their cattle on farmlands; in May 2009 another 700 nomads were
expelled from Borno State (see section 6).
In July 2009 a Lagos State government special task force demolished
hundreds of homes and buildings along the route of the Lagos-Badagry
highway to make way for a major road expansion project. Authorities
warned that only homeowners able to provide genuine title documents
would be compensated and, alleging fraud, denied the claims of many
homeowners.
After the July 2009 uprising by Boko Haram, the Government of Niger
State forcibly relocated 1,200 members of the Darul Islam sect (see
section 2.d.).

g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
The Niger Delta region is home to a large oil industry which produced
about two million barrels of crude oil per day at year's end.
Particularly since 2006, militant groups have used violence, including
kidnapping oil company workers, to demand greater control of the
region's resources. Kidnapping for ransom, armed robberies, gang wars,
and fighting connected to the theft of crude oil, known as illegal oil
bunkering, continued during the year and contributed to the region's
general insecurity and lack of economic vitality. The Government's
amnesty program reduced the level of conflict for much of the year;
however, an increase in violence and kidnappings began in October and
continued at year's end.
Criminal gangs, called ``cults'' in some areas, have copied the
methods of more sophisticated militants to amass wealth and power. In a
recent trend, kidnappings targeted businessmen, doctors, teachers,
religious leaders, foreign residents, and others. Gangs extended their
reach beyond the core Niger Delta states, where they originated as
politically sponsored thugs to intimidate opponents and to aid election
rigging. Kidnappings committed primarily for ransom increased
throughout the country, including in the north. In the previous three
years power struggles between gangs resulted in extensive property
damage and hundreds of deaths, including of civilian bystanders.
In June 2009 the Government announced a general and unconditional
amnesty for militants in the Niger Delta, and almost all major militant
leaders accepted the offer by the October 2009 deadline. Authorities
established a training camp in Obubra, Cross River State, and some of
an estimated 20,000 former militants had completed training in
nonviolence by year's end. Many militants expressed interest in
vocational training as well. They received stipends during
rehabilitation. The amnesty program resulted in a decline in militant
violence; however, some observers expressed concern that the militants'
amnesty payments were being used to purchase more arms.

Killings.--The JTF was responsible for numerous killings during the
year, but no investigations were conducted.
In December the JTF attempted to raid a camp of Niger Delta
militant leader John Togo. A human rights group reported that the JTF
killed nine civilians in the Ayakoromo community of Delta State during
the raid. The observers took video evidence of destroyed homes and
villagers with bullet wounds including a body with a head wound.
Hundreds of displaced persons fled to Warri. A military spokesman
acknowledged the JTF may have killed civilians, but insisted that only
militants were targeted.
In February 2009 the JTF reportedly killed 10 persons during an
attack on a community in Rivers State.
In June 2009 militants attacked two police officers escorting a
Scottish oil services worker from Port Harcourt; one of the officers
died from his injuries. No arrests were made.
In August 2009 soldiers shot and killed Clement Nwode in Abakaliki,
Ebonyi State, claiming he was a militant involved in the Ezza-Ezillo
community clashes in the state.
In October 2009 in the Bundu waterfront neighborhood of Port
Harcourt, JTF troops first shot firearms into the air to disperse a
crowd demonstrating against a planned demolition, and then shot into
the crowd. At least one death occurred, and at least 12 persons were
injured (see sections 1. a. and 2.d.).
No developments occurred in the following 2008 JTF killings in the
Niger Delta: the March killing of four men near Isaka in the Okrika
Local Government Area, Rivers State, which was widely reported as an
overreaction after JTF officials were killed by militants; and the July
killing of 12 suspected militants in Bayelsa and Rivers States. There
also were no developments in the following 2008 deaths that resulted
from clashes between the JTF and armed militants: the August deaths of
35 persons in Bayelsa, Delta, and Rivers States; and the September
deaths of an estimated 15 to 30 persons in the Elem Tombia and Ogboma
communities of Rivers State in a reprisal JTF attack after officers
were killed. The JTF never apologized for the deaths.
Militants were responsible for numerous killings. For example, in
July 2009 a gang of unidentified gunmen ambushed a convoy of police
escorting foreign workers to their offices at a bottling company in the
city of Aba, Abia State, and killed five police officers. No arrests
were made.

Abductions.--Family members did not report most kidnappings, and no
reliable statistics existed. In the past, kidnappers targeted foreign
nationals, but an increasing number of middle class citizens, including
women and children, were abducted. Police reported that most
kidnappings involved the complicity of persons close to the victim's
family, including relatives.
Government authorities responded to kidnappings in the Niger Delta
by deploying the JTF, which reportedly used excessive force and engaged
militants and criminals in gun battles.
In some areas tensions remained high between oil-producing
communities and oil company employees and contractors. Foreign oil
company contractors were kidnapped for ransom, such as the capture of
seven foreign workers from an offshore oil rig on November 8. Nineteen
workers, both citizen and foreign, were rescued in a military raid
November 17.
While kidnappings perpetrated by militant groups were generally for
ransom, they sometimes publicized the acts as an expression of
grievances about lack of economic development, local control of oil
revenues, or prisoner releases. Oil facility guards and JTF soldiers
were among those killed in these incidents. During the year criminals
continued to kidnap the relatives (usually children or parents) of
prominent state politicians for ransom or to force payment for services
such as protection details and voter intimidation during elections.
On March 1, South African sound engineer Nick Greyling, two
Nigerian sports commentators, a cameraman, and 21 other passengers were
taken hostage after their bus was attacked by gunmen near Lagos.
Greyling and his associates were released four days later; it was not
confirmed if a ransom was paid.
In January 2009 unknown persons abducted Chief Nelson Effiong, the
house speaker of Akwa Ibom State; he was released unharmed with no
official report of a ransom paid.
Also in January 2009 gunmen hijacked a foreign oil supply vessel,
took nine crewmembers hostage, and demanded a ransom of $25 million.
Four days later all crewmembers were released safely with no public
report of a ransom being paid.
In separate incidents in February 2009, criminals kidnapped the
wife of a former petroleum minister, an electoral commission member of
Rivers State, and an AGIP Oil Nigeria employee. The victims were
released safely, with no public report of ransoms being paid.
In June 2009 in Enugu State, gunmen abducted Uchenna Ani, a UN
Development Program (UNDP) employee. On June 10, Ani was released after
his family reportedly refused to pay a ransom.

Physical Abuse, Punishment, and Torture.--In January 2009,
following the razing of 10 villages in Abala, Abia State, the Abia
State vigilante forces, local security forces hired by the state
government, arrested five members of the Abala community and placed
them in jails in Umuahia, Aba, and in Owerri, Imo State. Police
reportedly beat detainees regularly with the butts of guns and knives.
One of the detainees, Ikechukwu Nwagbara, was released after two
months, but the location of the remaining four detainees remained
unknown at year's end.
In June 2009, during another JTF attack in the same area of Abia
State, JTF forces allegedly raped numerous women and girls. Thousands
of residents were displaced, property was destroyed, and refugees in
camps were left without adequate food and water. No arrests were made
in connection with the attack, which triggered extensive media
criticism.

Other Conflict-Related Abuses.--In May and June 2009 the JTF
conducted a military offensive against Tom Polo, an ethnic Ijaw and one
of the country's most influential and effective militant leaders. Using
helicopter gunships the JTF destroyed Tom Polo's base in Gbaramatu
Kingdom, attacked communities suspected of harboring militants, killed
and injured numerous persons, and scattered survivors into local
creeks. JTF patrol boats closed waterways while searching for
militants. Civil society groups and Ijaw leaders reported the
destruction of Oporoza, Benikrukru, Okenroekoko, and two other
communities. Tens of thousands of persons were either displaced or lost
their livelihoods because of the attacks. Critics charged that the
attacks reduced security in the area because Tom Polo's followers
escaped with their arsenal intact and moved into surrounding
communities.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the Government
sometimes restricted these rights in practice. Security forces beat,
detained, and harassed journalists, sometimes for reporting on
sensitive issues such as the president's health. Journalists practiced
self-censorship, and local NGOs claimed that newspaper editors and
owners did not report some killings and other human rights abuses, due
in part to government intimidation.
A large and vibrant private domestic press frequently criticized
the Government. Only one national, government-owned daily newspaper was
published. State and local governments owned daily or weekly
newspapers. These state-owned publications tended to be poorly
produced, had limited circulation, and required large state subsidies.
There were 15 privately owned major daily newspapers, six weekly
newsmagazines, and several sensationalist evening newspapers and
tabloid publications.
Government authorities attempted to impede public criticism.
On April 1, a team of more than 50 armed police officers and 100
armed vigilantes from Imo State allegedly broke into the offices of
Excelsior Press Limited, destroyed equipment, stole 3.7 million naira
($24,000), and impounded books and other materials printed for the
Alliance for Good Governance of Imo State, a political group.
During the year three journalists were killed.
On April 24, Muslim rioters killed Nathan S. Dabak and Sunday Gyang
Bwede, both journalists for The Light Bearer, a publication of the
Church of Christ in Nigeria, while the two covered sectarian violence
in Plateau State. No separate police investigation occurred. Also on
April 24, in a separate incident two unknown assailants shot and killed
Edo Sule Ugbagwu, a judiciary correspondent with The Nation newspaper
in a home invasion in which no robbery occurred. Security forces
investigated the murder, but it remained unsolved at year's end.
In the January 17 crisis in Jos, Christian journalists lost their
equipment, and were harassed and wounded by rioters whom witnesses
suspected of being Fulani herdsmen. On March 7, an angry crowd of
mourners attending a Christian mass funeral in Jos assaulted state
radio reporter Murtala Sani, a Muslim reporter who was assigned to
cover the funeral. Police fired into the air to disperse the attackers.
Sani was taken to a nearby hospital, treated, and released.
There were no developments in the September 2009 killing of Bayo
Ohu, a journalist with The Guardian.
There were no developments in the separate killings of journalists
Paul Abayomi Ogundeji and Eiphraim Audu in 2008.
Journalists received death threats during the year. In April
following the Government's decision to remove Independent National
Electoral Commission (INEC) Chairman Maurice Iwu from his position,
four journalists covering his removal for different news sources
received anonymous death threats.
On July 11, unknown assailants kidnapped four journalists returning
to Lagos from a meeting of the Nigerian Union of Journalists in Akwa
Ibom State. The journalists, Wahab Oba, Adolphus Okoronkwo, Sylva
Okereke, and Sola Oyeyipo, and their driver were held for a week. The
kidnappers allegedly demanded a ransom of 250 million naira ($1.7
million), but released the journalists under pressure from the police.
The governor removed the traditional ruler of the nearby local
government, Eze Vincent Okezie Uche, from his position and charged him
in court for allegedly sponsoring the kidnapping. The governor also
suspended three other traditional rulers for their part in the
kidnapping plot. The cases remained under investigation at year's end.
Security forces beat journalists.
For example, on January 21, Governor Ikedi Ohakim of Imo State sent
a team of armed police to abduct Internet journalist Ikenna Samuelson
Iwuoha from his home. They allegedly brought the journalist to the
governor's office, where he allegedly was beaten by the governor
himself and then detained by police without access to medical care.
Iwuoha later was charged with eight counts of libel against the
governor. Iwuoha later filed a lawsuit against the governor for his
beating and ill treatment while in custody. His case had not come to
trial by year's end.
On March 15, the chief security officer for the Nasarawa state
governor allegedly beat This Day reporter George Oko and National Life
reporter Joseph Erunkeat at a political rally as they attempted to
record the event. The journalists received medical treatment, but lost
their equipment, including cameras, tape recorders, and cell phones;
and unspecified amounts of money.
On June 22, security agents allegedly attacked journalists for
covering a brawl that erupted inside the House of Representatives. Two
reporters from the Nigerian Compass, Wole Oladimeji and Julius Toba,
allegedly were shoved, slapped and detained while trying to prevent
guards from taking the camera of a Vanguard photographer who had taken
pictures of the fight.
There were no arrests in the June 2009 Delta State case in which
police assaulted six journalists, seized their identification cards,
and prevented them from covering the demolition of several buildings
built on government land without official approval. The inspector
general subsequently apologized to the six journalists, and the
Ministry of Lands paid to replace a journalist's eyeglasses that were
broken during the assault.
No arrests were made in the January 2009 case in which unidentified
gunmen broke into the apartment of The Scroll editor Janet Mba. Mba had
called police before the gunmen entered the apartment, and they fled
when police arrived.
No developments occurred in the 2008 attack on a Channels TV
cameraman who attempted to take pictures of a raid on the house of
Niger Delta Peoples Volunteer Force leader Asari Dokubo, or the beating
by police officers in Lagos of three journalists for attempting to
cover an opposition political rally.
Security forces detained journalists and seized newspapers. For
example, in March 2009 police in Bayelsa State arrested and detained
Akin Orimolade, the Abuja bureau chief of the newspaper National Life,
and accused him of publishing a report that defamed Governor Timipre
Sylva. Police held Orimolade for one week until Sylva ordered his
unconditional release.
No new developments occurred in the March 2009 case in which police
detained Olusola Fabiyi, a journalist from the independent newspaper
The Punch, alleging that he failed to disclose the source of a story
that a PDP governor in a northern state plotted to kill former Lagos
governor Ahmed Tinubu. After interrogation, police released Fabiyi on
bail.
There were no new developments in the July 2009 case in which
police arrested and detained for six hours editor Shaka Momodu of a
Lagos-based private newspaper for publishing allegedly defamatory
information about a prominent businessman.
No charges have been filed in the 2008 case in which SSS agents
raided the offices of the newspaper Leadership, seized several
computers, and arrested and detained Leadership publisher Sam Nda
Isaiah; the agents questioned him for two days about a story reporting
that President Yar'Adua was critically ill.
There were no developments in the following 2008 cases of arbitrary
arrest: the arrest without charge of online editor Jonathan Elendu
after he published several reports speculating about the president's
health; the arrest of Murtala Muhammad for speculating on the
president's health in his online magazine Web site; and the arrests of
Daily editor Abdulrazaque Bello Barkindo, Weekend editor Laura
Olugbemi, and Weekend's former associate editor Simon Imoboswam for
``defamation of character'' after the three published articles about
the president's health.
There were 19 independently owned, private radio stations. The
Government owned one radio network with 34 stations.
In December 2009 Kano station Freedom Radio was removed from state
government advertising and communication linkages after it broadcast
reports critical of the state government. After a nine-month suspension
the linkages were restored with Freedom Radio's management asserting
the station would remain independent and continue to place the public
interest first.
In May 2009 the National Broadcasting Commission (NBC) ordered the
closure of a private radio station in Akure, Ondo State, for failure to
pay a fine imposed for broadcasting an interview with opposition
political leaders; the NBC claimed the interview was ``capable of
inciting people to violence on the eve of an April 24 local election.''
Later that month, the Ondo State High Court ordered the NBC to allow
the station to resume broadcasting, stating that it had not followed
due process.
In September 2009 security agents in Owerri, Imo State, detained
and beat Wale Oluokun, a Radio Nigeria correspondent, after he reported
on youths with visual disabilities who had marched on state offices to
protest government neglect. Oluokun stated he was taken to the chief
security officer, who took off his shoe and beat the reporter, followed
by more beatings by the security officer's subordinates. Oluokun, who
was hospitalized, claimed this was the second beating he had received
from security personnel after a radio report.
There were 14 independently owned private television stations and
two privately owned direct-to-home satellite network stations. The
Government owned one television network, the Nigerian Television
Authority, with 96 affiliate stations. The law requires local
television stations to limit programming from other countries to 40
percent and restricts foreign content of satellite broadcasting to 20
percent. In 2008 NBC chief executive Yomi Bolarinwa ordered that all
local prime-time news broadcasts contain no more than 20 percent
foreign content and that international news be broadcast live. The 2004
NBC's prohibition of live broadcasts of foreign news and programs
remained in force but did not apply to international cable or satellite
services.
Because newspapers and television were relatively expensive and
literacy levels low, radio remained the most important medium of mass
communication and information. The Government controlled much of the
electronic media through the NBC, which was responsible for monitoring
and deregulating broadcast media.
The Government suspended television and radio stations. For
example, in May 2009 the NBC suspended for two weeks the broadcast
license of radio station Adaba 88.5 FM, based in Akure, because it had
not paid a fine for political reporting that constituted ``incitement
to violence.''
Hamisu Lamido, a filmmaker who was arbitrarily arrested in 2008 for
releasing a film before submitting it to the state censorship board,
was released on bail after three months. In September, Lamido filed a
lawsuit against the censorship board for defamation of character, which
he won with an out of court settlement.
Libel is a civil offense and requires defendants to prove the truth
of opinion or value judgment contained in news reports or commentaries,
or pay penalties. This limited the circumstances in which media
defendants could rely on the defense of ``fair comment on matters of
public interest'' and restricted the right to freedom of expression.
Penalties for defamation of character included two years' imprisonment
and possible fines.
No actions were taken during the year to promote or improve freedom
of the press.

Internet Freedom.--There were few government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups generally engaged in
peaceful expression of views via the Internet, including by e-mail,
with few exceptions, According to the International Telecommunications
Union, approximately 29 percent of the population had access to the
Internet.
Several Internet news sites critical of the Government experienced
server problems, which site owners attributed to government
interference. Such disruptions usually lasted a few hours.
In March, a Kaduna Sharia court ordered the immediate suspension of
all debates on blogs and on the online social networking sites Facebook
and Twitter regarding the 1999 amputation of Bello Buba Jangebe's right
hand as punishment for stealing a cow. The court issued a restraining
order to prevent an NGO, the Civil Rights Congress, from discussing the
decade-old case in its online forums. The presiding judge stated the
defendants, as Muslims, had no right to question any judgment given by
a Sharia court. The judge's order represented the first of its kind
restricting Internet freedom.
There were no reports of government attempts to collect or disclose
personally identifiable information in connection with a person's
peaceful expression of political, religious, or ideological opinion or
belief.

Academic Freedom and Cultural Events.--The federal government
continued to restrict academic freedom by controlling elementary and
secondary curriculums, including mandating religious instruction.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, police effectively precluded antigovernment rallies by
prohibiting any rally they deemed could result in violence, which. In
areas that experienced societal violence, police and security forces
permitted public meetings and demonstrations on a case-by-case basis.
The Government occasionally banned gatherings whose political,
ethnic, or religious nature might lead to unrest. Open-air religious
services held away from places of worship remained prohibited in many
states fearing that they might heighten interreligious tensions. Kaduna
State continued to enforce a ban on processions, rallies,
demonstrations, and meetings in public places on a case-by-case-basis.
In February a weeklong annual musical festival in Kano, sponsored
by the Alliance Francaise and with the patronage of the Emir, was
canceled with only a few hours' notice because of a conflict with the
Kano Censorship Board: one of the many local performers had apparently
not registered in time for performance approval.
The March 10 rally by the Save Nigeria Group (SNG) in Abuja was
peaceful, as the crowd clamored for more information from government
during the illness and absence of then-president Yar'Adua. The group
was nonviolent and nonconfrontational as police were brought in,
antiriot vans were stationed in the central area, and fortified
construction trucks barricaded the entrance of the National Assembly's
gate.
On March 16, hundreds of youths chanting antigovernment slogans,
joined by notable celebrities, forced their way through the gate of the
National Assembly. They had sent letters prior to the march requesting
meetings with lawmakers but a police spokesperson stated no request was
received. Armed police prevented the group from entering the National
Assembly buildings.
On July 19, security forces turned a mass rally of youths away from
the governor's office in Kano, preventing the youths from presenting a
petition about the upcoming elections. Earlier, after initially being
stopped by police, a leadership group was granted access to see the
Emir of Kano, who spoke with the youths about their desire to express
their ideas peacefully to leaders.
On July 29, a peaceful rally by the SNG was disrupted in Yenagoa,
Bayelsa State, when youths reportedly attacked the demonstrators with
cutlasses and bottles. The SNG had earlier received a government permit
for the rally; two police officers were injured along with two
activists. Police arrested three of the attackers.
Security forces used excessive force to disperse demonstrators
during the year, resulting in numerous deaths and injuries (see section
1.a.).

Freedom of Association.--The constitution and law provide for the
right to associate freely with other persons in political parties,
trade unions, or special interest organizations, and the Government
generally respected this right in practice. The constitution and law
allow the free formation of political parties. There were 62 parties
registered with INEC at year's end.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
http://www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation; however, security officials restricted freedom of
movement at times by enforcing curfews in areas experiencing ethno-
religious violence and routinely set up roadblocks and checkpoints to
extort money from travelers. Security officials continued to use
excessive force at checkpoints and roadblocks, which were sometimes
maintained every few miles.
The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in assisting refugees and asylum seekers through the National
Commission for Refugees (NCFR), its federal commissioner, and the
National Emergency Management Agency (NEMA). The Eligibility Committee,
on which the UNHCR has observer status, governed the granting of
refugee status, asylum, and resettlement, and it also reviewed refugee
resettlement.
During the year state officials imposed dusk-to-dawn curfews in
response to sectarian conflicts. For example, curfews were imposed from
January through May in Jos, Plateau State, following ethno-religious
violence.
There are no legal grounds for forced exile, and there were no
examples of formal legal proceedings to exile a citizen. However, there
were citizens who self-exiled for political reasons, such as Nuhu
Ribadu, former Chairman of the EFCC, who left the country in January
2009 after threats on his life. Ribadu voluntarily returned in June.
Internally Displaced Persons (IDPS)
The NCFR estimated a total of one million IDPs at one time or
another during the year, There was no national registration of
internally displaced citizens, and no accurate count. There were many
causes of displacement, including boundary and border disputes,
sectarian and communal violence, localized political violence, forced
evictions, conflict in the Niger Delta and Plateau State, the
Government's use of force in efforts to eliminate extremist sects, such
as Boko Haram, altered cattle grazing patterns due to climate change,
and major flooding in the northwest. Government response to IDPs was
uneven depending on the state affected. Federal NCFR budgets did not
cover the need; state and federal emergency management resources were
inadequate. A national IDP policy was under development but had not
been signed by year's end.
In January and March violent ethnic clashes near Jos caused up to
30,000 persons to flee their homes for relative sanctuary in other
villages or nearby Bauchi State. NEMA worked with civil society and
religious groups in an attempt to provide food and shelter to IDPs.
Bauchi State offered homes to families fleeing the violence, scattered
them around the state to integrate them into small communities, and
gave many families land to build a house and to have a plot to farm. At
year's end most of these IDPs either moved back to their villages, or
took up residence with family members; 5,000 IDPs permanently relocated
to Bauchi State.
Ethnic disputes over land and political power along the borders of
Benue, Taraba, and Ebonyi States resulted in the displacement of
hundreds of persons. The governors of Benue, Taraba, and Ebonyi States
attempted to quell the violence through meetings with local leaders,
curfews, and development programs. The federal government deployed
mobile police units to affected areas to prevent further violence.
The FCDA's continued demolition of illegal homes, businesses, and
churches in the FCT left hundreds of persons homeless. A 2008 report by
the Center on Housing Rights and Evictions and the Social and Economic
Rights Action Center estimated that 800,000 persons were evicted in the
FCT between 2003 and 2007.
During the year authorities in Port Harcourt forcibly displaced
residents on the waterfront in an area slated for redevelopment, an
action that left thousands of residents homeless (see Section 1.f.). In
October AI released the report Just Move Them: Forced Evictions in Port
Harcourt, Nigeria documenting the forced eviction of tens of thousands
of persons along the waterfront communities of Port Harcourt beginning
in 2009.
On February 21, state government authorities dislodged the Islamic
sect, Islahudeen, from Niger State. Bulldozers razed the sect's central
mosque and other buildings, dispersing the residents. A government
spokesman declared the sect was preparing to cause violence.
In August 2009, following the July uprising by Boko Haram militants
across four northern states, Niger State police forces raided the
compound of Darul Islam, an Islamic sect. According to state officials,
civil society groups, and press reports, police arrested approximately
4,000 persons, detained them for questioning, and searched the compound
for weapons. Although no weapons were immediately found, the Government
forcibly relocated sect members, including children, in an effort to
disperse the sect's members before any violence could develop in their
isolated village. The Government provided no notice and minimal
compensation to residents, evicted approximately 1,250 members from
their village, and sent them by bus to their states of origin. Another
300 members were deported to Niger after police determined that they
lacked proper citizenship documentation. Family members were moved into
vacant schools and government buildings in their states of origin,
where the lack of sanitation, food, and sleeping facilities resulted in
outbreaks of cholera among sequestered groups. Police claimed that the
arrests and evictions were intended to preempt the violence that had
occurred the previous month in Boko Haram communities and that police
had received reports that the community was forcibly holding women and
children. However, human rights observers stated that the Government
violated the constitutional and human rights of thousands of innocent
persons.
Since early 2009 as many as 1,000 fishermen and their families from
the Bakassi Peninsula sought refuge near Calabar due to reported
violence by Cameroonian police forces. This area was part of the lands
which the International Court of Justice awarded to Cameroon pursuant
to the 2007 Greentree agreement to settle the disputed land border
between the two nations. Rivers State emergency services was trying to
provide permanent housing and services for displaced citizens at year's
end.

Protection of Refugees.--The law provides for the granting of
asylum or refugee status, and the Government established a system for
providing protection to refugees. In practice the Government provided
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened on account of their
race, religion, nationality, membership in a particular social group,
or political opinion.
According to the UNHCR, the country had 8,747 refugees at year's
end, most of whom were from Liberia, Cameroon, and the Democratic
Republic of Congo. At year's end 5,316 Liberian refugees remained near
Lagos, waiting either for repatriation, resettlement, or local
integration. In addition, the UNHCR provided for 1,120 refugees from
the Democratic Republic of Congo, Sudan, Chad, and other West African
nations. There were 1,994 Nigerians who had been living on the
Cameroonian side of the new border and were now settled in Bakassi,
Cross River State, who are not considered refugees. Also 1,815 persons
had requested asylum, 66 percent of them from the Democratic Republic
of Congo.
The NCFR established a camp in a remote area of Taraba State for
refugees from Cameroon. An office operated by the NCFR in Maiduguri,
Borno State, assisted refugees from Chad, but there was no official
camp in that location.
Refugee status for persons displaced by the civil war in Sierra
Leone terminated in January 2009, when the camps were closed.
Subsequently, 553 persons were repatriated to Sierra Leone. Another 240
refugees who requested residency were provided two-year residency
permits and help in obtaining passports from Sierra Leone; the refugees
also received job training and small grants from the UNHCR to begin
their lives in the country.
As a result of repatriation and local integration, overcrowding in
refugee camps decreased during the year. The camp at Oru, near Lagos,
was decommissioned, although refugees continued to occupy buildings
without permission. The UNHCR provided food, education, and job skills
training, and refugees were able to move and work freely in the
country. However, refugees, like citizens, had poor access to the
police and courts and few opportunities for employment.
The Government also provided temporary protection to a few hundred
individuals who may not qualify as refugees.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully through periodic, free, and fair elections
held on the basis of universal suffrage. The Government, however,
abridged citizens' right to change their government during the 2007
national and state elections, which were conducted amid widespread
fraud and numerous incidents of violence.

Elections and Political Participation.--In May 2007 Umaru Musa
Yar'Adua was sworn in as president with his vice president, Goodluck
Jonathan. The inauguration marked the first transition from one elected
civilian presidential administration to another since the country
gained independence from the United Kingdom in 1960. Forty-three
parties participated in the national assembly elections, and 50 parties
were listed on the ballot in the presidential election. However, the
presidential, national assembly, gubernatorial, and state-level
elections were marred by poor organization, widespread fraud, and
numerous incidents of violence. Although the INEC claimed a 60-percent
voter turnout nationwide, most independent observers estimated it was
less than 20 percent. All major international and domestic independent
observer groups questioned the fairness of the elections and cited
problems throughout the country, including ballot stuffing, intentional
miscounting at both polling stations and the ballot-compilation stages,
underage voting, multiple voting, intimidation, violence, and at least
300 deaths, including some politically motivated killings. Although all
parties participated in the misconduct, observers cited violations by
the ruling PDP significantly more often than those by other parties.
In 2007 as part of his pledge to address the shortcomings in the
electoral system, President Yar'Adua established the Electoral Reforms
Committee, consisting of governmental and NGO representatives, which
was charged with bringing the electoral process to international
standards. The committee submitted its report to President Yar'Adua in
December 2008, citing lack of independence for the INEC and state
electoral committees as key deficiencies in the 2007 electoral process.
The administration rejected crucial reforms outright, and forwarded
seven of its own reforms to the National Assembly, where they
languished without action.
Following the elections, election tribunals received more than
1,250 legal motions filed across the country to overturn the results of
individual elections for all levels of government posts, including the
presidency. Both major rival candidates of Yar'Adua--Atiku Abubakar and
Muhammadu Buhari--petitioned for the annulment of the presidential
race. The tribunal upheld the election, but Abubakar and Buhari
appealed to the Supreme Court. In December 2008 in a 4-to-3 decision,
the Supreme Court rejected the appeals, thereby upholding the election
of President Yar'Adua. During the year courts continued to hear and
adjudicate cases related to the 2007 elections.
Political violence occurred at federal, state, and local levels, as
well as within political parties. The Government made little effort to
investigate or bring charges in any cases of political violence.
Following the removal of Adamawa State house speaker and his deputy
on April 5, about 200 PDP loyalist youths invaded the assembly complex,
overpowered security guards, and threatened to burn the building. The
youths protested the forced resignations of the speaker and his deputy,
and the appointment of the new speaker, who had just defected from the
minority party, Action Congress.
Violence marred local elections during the year. In the April local
area elections in the FCT, 41 persons were arrested because of violence
at the polls. Charges included brandishing machetes and knives in an
attempt to disrupt ballot counting; blocking the major road in the
area, stranding several hundred cars; and smashing windshields and
injuring motorists in protest over election results.
On May 6, four unidentified gunmen opened fire as they raided the
campaign office of a senate aspirant in Oyo State, injuring two aides,
who were hospitalized. No arrests were made by year's end.
On May 7, a violent clash between two factions of the PDP in Osun
State killed two persons, and injured 25 others. The violence occurred
during a political gathering when about 40 thugs allegedly stormed the
meeting. No arrests were made public.
On July 21, hoodlums armed with guns, machetes, and sticks attacked
Oyo State elected officials at a village ceremony to inaugurate a new
water well system. The attackers reportedly arrived at the scene in two
18-seat buses, and injured aides of the senate leader and a house
committee chairman. Eight victims were hospitalized, and six vehicles
were vandalized in the attack.
On August 7, hours after his official declaration to run for a
house seat from Edo State, candidate Oghogho Omorogbe was confronted by
a group of five gunmen, and shot. No arrests were made by year's end.
On August 9, clashes between the All Nigeria People Party (ANPP)
and PDP supporters in Zamfara State killed at least three persons,
injured many others, and left at least six vehicles burned. The
violence occurred when supporters of the ruling PDP governor sought to
prevent the rival ANPP senate candidate from holding a rally.
On August 28, a PDP rally in Maiduguri, Borno State, to introduce
the support group for reelection of the president was marred by at
least one death when armed youths invaded the meeting with knives and
cutlasses. Police and security services broke up the fight with tear
gas. No arrests were reported.
Also on August 28, unknown gunmen killed a personal assistant to
the Bauchi State governor, the latest of five attacks on politicians in
Bauchi State.
On June 24, the Senate confirmed the appointment of Professor
Attahiru Jega as chairman of the INEC, to replace Maurice Iwu. Iwu had
supervised the seriously flawed 2007 elections. Chairman Jega proceeded
to nominate some new electoral commissioners, and promised to conduct
credible elections in 2011. At year's end Jega continued to enjoy
popular support for the changes he was making in preparation for the
2011 elections.
During the year the INEC registered new political parties, bringing
the total number of parties to 62. Establishing a political party was
relatively easy if the required fees were paid. Parties generally
formed around individuals rather than on ideological grounds.
Allegations continued that the PDP established new parties to confuse
voters with large numbers of candidates.
Membership in the majority party, PDP, conferred advantages,
primarily in employment. Police arbitrarily arrested opposition
leaders.
In June 2009 the Bauchi State house of assembly impeached Deputy
Governor Muhammad Gaba Gadi, who refused to move to the PDP along with
the governor in April, for alleged financial wrongdoing. Legislators
reportedly were offered 10 million naira ($67,000) each for their
signatures.
In August citizens in the diaspora petitioned the INEC to be able
to vote in the 2011 national elections, but the required technology and
organization were not available. According to the petitioners, of the
20 million citizens living abroad, approximately five million would be
eligible to vote.
Men continued to account for more than 90 percent of the country's
appointed and elected officials in more than 500 ministerial and
national assembly positions. There were only eight female ministers out
of 42, eight female senators out of 109, and 25 female representatives
out of 360. Although there were no female governors, four of 36 states
had female deputy governors. President Jonathan appointed a woman as
the minister of petroleum resources, a key cabinet position.
To promote national unity and loyalty, the law mandates that the
composition of the federal, state, and local governments and their
agencies, as well as the conduct of their affairs, reflect the diverse
character of the country. The current administration demonstrates this
diversity. President Jonathan is an Ijaw from the southern state of
Bayelsa, the vice president is a Hausa Fulani from the northern state
of Kaduna, the senate president is an Idoma from the central state of
Benue, and the speaker of the house is Yoruba from the southwest state
of Ogun. The Government attempted to balance other key positions among
the different regions and ethnic groups. The majority PDP party also
engaged in ``zoning,'' a practice of rotating positions within the
party among the different regions and ethnic groups to ensure that each
region was given adequate representation. This practice has become an
issue as Jonathan's transition from vice president to president after
the death of former President Yar'Adua, a northerner, upset the prior
rotational scheme. With more than 250 ethnic groups, it was difficult
to ensure representation of every group in the Government.
Section 4. Official Corruption and Government Transparency
Corruption was massive, widespread, and pervasive at all levels of
government and throughout the security forces. The constitution
provides immunity from civil and criminal prosecution to the president,
vice president, governors, and deputy governors while in office.
There was a widespread perception that judges were easily bribed
and that litigants could not rely on the courts to render impartial
judgments. Citizens encountered long delays and frequent requests from
judicial officials for bribes to expedite cases or obtain a favorable
ruling.
Police corruption remained rampant, particularly at highway
checkpoints. Police routinely stopped drivers who had committed no
traffic infractions, refusing to allow them to continue until they paid
bribes. The police inspector general attempted to strengthen the Police
Monitoring Unit, which was charged with visiting police stations to
search officers for signs of accepting bribes; however, the unit was
ineffective and made no arrests by year's end. Citizens could report
incidents of police corruption to the NHRC; however, it had no power to
act on such complaints, and no other mechanism was available to
investigate security force abuse.
On August 17, Human Rights Watch (HRW) released Everyone's in on
the Game, a report on corruption and human rights abuses by the police.
HRW compiled information from 145 interviews, and documented pervasive
police extortion with impunity committed by police officers throughout
the country. Police demanded bribes, threatened arrest and physical
harm, and enforced a system of ``returns'' in which officers were
compelled to pay up the chain of command a share of the money they
extorted from the public. This system undermined the rule of law and
created a large disincentive for superior officers to hold their
subordinates accountable for extortion and other abuses.
Public officials, including president, vice president, governors,
deputy governors, and legislators (at both federal and state levels)
were subject to financial disclosure laws, including the requirement to
declare their assets before assuming and after leaving office.
Violators are subject to prosecution, but cases rarely came to
conclusion.
The EFCC's anticorruption efforts were largely ineffectual. The
2008 replacement of its internationally respected chairman, Nuhu
Ribadu, and transfer of many of its senior personnel raised questions
about the Government's commitment to fighting corruption.
Despite the arrest of several high-ranking officials by the EFCC,
allegations continued that agency investigations targeted individuals
who were out of favor with the Government, while those who were in
favor continued their activities with impunity. Since 2007 the EFCC has
indicted 13 former state governors on corruption charges; only one of
those governors, Lucky Igbinedion of Edo State, was convicted, in this
case through a plea bargain. The courts have granted bail to all the
others: Ayo Fayose, Ekiti; Joshua Dariye, Plateau; Saminu Turaki,
Jigawa; Orji Uzor Kalu, Abia; James Ibori, Delta; Jolly Nyame, Taraba;
Chimaroke Nnamani, Enugu; Michael Batmang, Plateau; Boni Haruna,
Adamawa; Rasheed Ladoja, Oyo; Abdullahi Adamu, Nasarawa; and Attahiru
Bafarawa, Sokoto.
Former Delta State governor James Ibori was acquitted on 170 counts
of corruption charges. He continued to face court charges in the United
Kingdom for money laundering and other financial crimes stemming from
embezzlement during his government tenure. At year's end Ibori faced
extradition from Dubai to London. The EFCC cooperated with London
police on the case, and EFCC Chairperson Farida Waziri told media
sources she was under no pressure to drop the case.
According to the results of an investigation by a foreign
legislative body released in February, Atiku Abubakar, a former vice
president and former presidential candidate, and his wife, Jennifer
Douglas Abubakar, removed more than $40 million in suspect funds from
the country between 2000 and 2008. The sum reportedly included at least
$1.7 million in bribe payments from a foreign corporation. By the end
of the year the EFCC took no action on this published report.
On February 21, the EFCC authorities arrested former Nasarawa State
governor Abdullahi Adamu on allegations of the fraudulent awarding of
contracts and stealing of public funds estimated at 15 billion naira
($100 million) during his eight years in office which ended in 2007.
The court immediately granted Adamu bail. Supporters questioned the
timing of the charges; the announcement came just days after Adamu
declared his intention to run for governor again. At year's end Adamu's
motion to dismiss the case was pending in the Federal High Court in
Lafia, Nasarawa.
On May 3, authorities arraigned former PDP National Chairman
Vincent Ogbulafor on 17 criminal counts of corruption and money
laundering in the amount of 2.3 billion naira ($15 million). Ogbulafor
filed a petition to dismiss the charges. The case remained active at
year's end.
On August 1, the Nigeria Extractive Industries Transparency
Initiative (NEITI) board fired NEITI's executive director over
allegations including double payment of salaries, expense account
payments for trips not taken, and payments of honoraria and other
allowances not authorized for government staff. The report came from an
employee who was later dismissed. No charges were filed.
In November the EFCC detained ten expatriate and Nigerian employees
of Halliburton and its subsidiaries in connection with the $180-million
bribery scandal that occurred between 1995 and 2005. The EFCC released
the employees but held their passports and required that they remain in
the country, pending subsequent legal action.
In August, Attorney General Mohammed Adoke announced that the
Government could not authenticate the Pius Okigbo Panel report on
former military president and general Ibrahim Babangida which charged
that Babangida mismanaged 12.4 billion naira ($82 million) during his
administration. The civil society group Socio-Economic Rights and
Accountability Project accused the attorney general of a cover-up by
refusing to accept its copy of the report, which the organization
forwarded to Adoke in May after he was unable to locate the original.
In June 2009 the newly appointed Central Bank Governor Lamido
Sanusi fired the managing directors of eight banks with large
portfolios of nonperforming loans.
In August 2009 the central bank governor replaced the heads of four
banks after the banks failed corporate governance audits. In October
2009 Sanusi replaced the heads of four additional banks for the same
reasons. Legal proceedings broadened by year's end to include a total
of 29 bank executives. Among the bank executives facing charges, one
faced a 25-count criminal charge for fraud of more than 160 billion
naira ($1 billion), while another faced a 22-count criminal charge of
the fraud of 350 billion naira ($2.3 billion).
In October 2009 the courts convicted former Nigerian Ports
Authority (NPA) board chairman Bode George and five other commissioners
of abuse of public office in the improper awarding of contracts. George
was sentenced to 30 months in prison without the option of paying a
fine.
In December 2009 the EFCC arrested former Sokoto State governor
Attahiru Bafarawa, who was attending an opposition meeting to plan a
new ``mega'' opposition party. Bafarawa was charged with embezzlement
of public funds in 2007, which he denied. Observers charged that the
arrest was an attempt to harass opponents of the ruling party. The
court granted Bafarawa bail, and his case is pending.
The corruption trial of former Ekiti State governor Ayodele Fayose
in March was moved at his request to the Ekiti courts, rather than
Lagos, where the EFCC originally brought charges. In 2006 he was
accused of laundering 1.4 billion naira ($9 million) while in office.
The case continued at year's end.
Trials also remained pending in the 2008 corruption cases against
former aviation ministers Femi Fani-Kayode and Babalola Borishade for
the alleged embezzlement of 19.5 billion naira ($130 million), former
Adamawa State governor Boni Haruna for misappropriating 93 million
naira ($620,000), and the former chairman of the NPA board of directors
and five other NPA members for illegally awarding contracts worth 84
billion naira ($558 million).
No laws provide for access to government information, and in
practice the Government provided limited access. In contrast, the
Rivers State government for the first time published information on its
2010 state budget allocations and expenditures.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were sometimes cooperative and responsive to their views.
The NHRC, which the Government tasked with monitoring and
protecting human rights, maintained zonal affiliates in the country's
six political regions. Since its inception, the NHRC's operations have
been limited by insufficient funding. The commission also lacked an
independent budget and judicial authority, and could only make
nonbinding recommendations to the Government. The commission published
periodic reports detailing specific human rights abuses, including
torture and poor prison conditions. The Government removed two prior
effective and outspoken NHRC executive secretaries without public
justification. The current leader, a former official of the justice
ministry, was outspoken and publicly advocated for human rights and an
independent budget. The president is empowered by law to remove the
NHRC executive secretary if the public is not being well served.
During the year the Government arbitrarily arrested NGO members.
For example, in May two members of the Civil Liberties Organization
(CLO) were attacked by air force police in Lagos after they tried to
investigate the case of Ebere Ihiedoha, whom air force officers beat
almost to death at a base in Ikeja, Lagos, for a minor traffic offense.
Senior officials made no attempt to investigate the incident by year's
end. CLO members attempted to press charges at the hospital where they
received treatment after the attack, but the doctor refused to issue
them a medical certificate due to fear of retaliation from air force
officers.
On November 9, a group of EFCC officers and mobile police visited
the Child Rights and Rehabilitation Network (CRARN) shelter to arrest
Sam Itauma, the director of the CRARN, at the request of the state
governor. When reached by telephone, Itauma was asked to appear at EFCC
offices to answer charges of fraud. In the director's absence, police
attempted to arrest other personnel as children and other staff
obstructed the arrests. Four children were beaten and required medical
attention.
In May 2009 members of the Eagle Squad, a special police force
sponsored by the Government of Osun State, arrested 12 leaders of the
Osun State Civil Societies Coalition Against Corruption and Rights
Violations; the arrests occurred immediately after revocation of bail
for the 12, who were arrested in 2008 for protesting an election
tribunal decision.
The Government cooperated with international nongovernmental
organizations and permitted visits by UN representatives or other
organizations during the year. The Government did not interfere with
international human rights organizations which visited the country to
research human rights violations, police abuses, and ethnic conflicts.
HRW, AI, and various UN agencies published reports.
Civil society groups requested both the UN Special Representative
for the Prevention of Genocide and the International Criminal Court to
visit Jos and launch investigations into the ethnic violence and
government's lack of response. No visits had occurred by year's end.
On August 17, HRW released Everyone's in on the Game, a compilation
of 145 interviews on corruption and human rights abuses by the police
force between 2008 and 2010 (see section 4).
The Open Society Justice Initiative and the NOPRIN published a 129-
page report, Criminal Force: Torture, Abuse, and Extrajudicial Killings
by the Nigeria Police Force (see sections 1.a and 4).
In December 2009 AI published Killing at Will: Extrajudicial
Executions and Other Unlawful Killings by the Police in Nigeria, which
documented 39 cases of security force killings and enforced
disappearances and was based on interviews and research conducted
between July 2007 and July 2009 (see section 1.a.).
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on
community, place of origin, ethnic group, sex, religion, or political
opinion; however, the Government did not enforce the law effectively.
The constitution prohibits discrimination based on the circumstances of
a person's birth. However, the constitution does not explicitly
prohibit discrimination based on disability.

Women.--The law criminalizes rape and provides penalties of 10
years' to life imprisonment, as well as fines of 200,000 naira ($1,330)
for those convicted of rape, but societal pressure and the stigma
associated with being a rape victim reduced both the percentage of
rapes reported and the penalties imposed for conviction. The law
recognizes spousal rape as a separate offense; however, spousal rape
was difficult to prove in court, and no such prosecutions were reported
during the year. Rape continued to be epidemic in universities. In 2006
AI issued a report criticizing the judicial system for a conviction
rate of only 10 percent of the total number of rape prosecutions.
In May the Open Society Justice Initiative released a report on
corruption within the country's police force that highlighted the
problem of rape of arrested prostitutes by police. The report described
police officers raping women who could not pay as little as 1,000 naira
($6) for their release. Police allegedly raped women who came to report
crimes at police stations. The report also claimed that officers, both
male and female, sodomized women with bottles and metal pipes.
In August, HRW released a report detailing widespread police abuse
of power, including acts, or threats, of rape or sexual assault, as a
means to extort bribes from female detainees or women traveling between
road checkpoints.
Female students of Delta State University, Asaba, in November
complained of frequent rape incidents in their dormitories. The school
authorities claimed the charges were untrue. A reporter documented
several rapes where there were no arrests and school authorities blamed
the victims insisting they were ``not careful enough.''
In October 2009 the Government implemented its Niger Delta amnesty
program to rehabilitate former militants. In November 2009 a group was
relocated adjacent to the University of Port Harcourt, where shortly
afterward the former militants raped dozens of female students. There
were no arrests reported, but the federal and Rivers State governments
relocated the former militants to an unknown location. No action
against perpetrators was taken during the year.
According to the 2008 Nigeria Demographic and Health Survey (NDHS),
three percent of married women between the ages of 15 and 49 years
experienced spousal rape.
The constitution provides for equality and freedom from
discrimination; however, no laws criminalize gender-based violence, and
some federal laws condone such violence. For example, the penal code
permits husbands to use physical means to chastise their wives as long
as it does not result in ``grievous harm,'' which is defined as loss of
sight, hearing, speech, facial disfigurement, or life-threatening
injuries. Penalties for the sexual assault of a man exceed the
penalties for the same offense against a woman.
Domestic violence was widespread and often considered socially
acceptable. In a survey released in November 2009, 28 percent of women
reported experiencing violence after age 15, the majority of which was
inflicted by a husband or partner. Police did not intervene in domestic
disputes. In rural areas courts and police were reluctant to intervene
to protect women who formally accused their husbands of abuse if the
level of alleged abuse did not exceed customary norms in the areas.
According to the 2008 NDHS, 43 percent of women and 30 percent of men
between the ages of 15 and 49 agreed that a husband was justified in
hitting or beating his wife for at least one of five specified reasons,
including burning food and arguing.
Project Alert on Violence Against Women, a local NGO, continued
various outreach efforts to combat domestic violence, including
training programs to sensitize police to domestic violence, support
groups and programs for male abusers, and assistance to faith-based
organizations in counseling victims of domestic abuse. Project Alert
also operated a shelter, Sophia's Place, for victims of domestic
violence, which offered services such as counseling, legal aid, and
acquisition of skills. The Women's Rights Advancement and Protection
Alternative also served as a leading voice in the campaign against
violence against women and continuously advocated passage of
legislation to protect women's rights.
On June 10, the Government deposed the traditional ruler of Akure
Kingdom in Ondo State after he attacked one of his wives in the street
in full view of witnesses. Police stated that they would press assault
charges against the perpetrator, and the actions were widely criticized
in Ondo State and Abuja. In a countermeasure, the accused filed an
injunction naming police and the courts and asking the court to drop
the case. The courts had not begun to hear the case by year's end.
Sexual harassment remained a common problem. No statutes prohibit
sexual harassment, but authorities may prosecute violent forms under
assault statutes. The practice of demanding sexual favors in exchange
for employment or university grades was common. Women suffered
harassment for social and religious reasons in some regions. Purdah,
the cultural practice of secluding women and pubescent girls from
unrelated men, continued in various parts of the north.
Couples and individuals generally had the right to decide freely
and responsibly the number, spacing, and timing of children; however,
effective information and counseling on reproductive health was not
widely available to women and couples. According to the 2008 NDHS, 70
percent of women knew about at least one method of family planning;
however, only 15 percent used any kind of birth control, and only 10
percent of women used modern methods. Approximately 50 percent of the
population was adolescents, many of whom were sexually active, but few
of whom had access to contraceptives. The UN Population Fund reported
the maternal mortality rate at 840 deaths for every 100,000 live births
in 2008, a high rate partially due to births to adolescents and women
at high risk of complications from pregnancy. About 53,000 women and
250,000 newborns die annually from complications of childbirth. About
39 percent of live births were assisted by a trained health
professional. Women married young and averaged a fertility rate of 5.7
children; 36 percent of mothers did not receive any prenatal care, and
only 38 percent of new mothers received postnatal examinations within
two days of delivery. Women and men were given equal access to
diagnostic services and treatment for sexually transmitted infections.
Women also experienced considerable economic discrimination. There
are no laws barring women from particular fields of employment, but
women often experienced discrimination under traditional and religious
practices. The country's NGO coalition expressed concern over continued
discrimination against women in the private sector, particularly in
access to employment, promotion to higher professional positions, and
salary equality. According to credible reports, many businesses
operated with a ``get pregnant, get fired'' policy. Women remained
underrepresented in the formal sector but played active and vital roles
in the country's informal economy. The number of women employed in the
business sector increased every year, but women did not receive equal
pay for equal work. According to the UNDP's 2007-08 Human Development
Report, women earned only 40 percent of what men earned and often found
it difficult to acquire commercial credit or obtain tax deductions or
rebates as heads of households. Unmarried women, in particular, endured
many forms of discrimination.
Some women made considerable progress in both the academic and
business worlds, but women overall remained marginalized. No laws
barred women from owning land, but some customary land tenure systems
allowed only men to own land, and women could gain access to land only
through marriage or family. Many customary practices also did not
recognize a woman's right to inherit her husband's property, and many
widows became destitute when their in-laws took virtually all the
deceased husband's property.
In some parts of the country, widows experienced unfavorable
conditions as a result of discriminatory traditional customs and
economic deprivation. ``Confinement,'' which occurred predominantly in
the northeast, was the most common rite of deprivation to which widows
were subjected. Confined widows were under social restrictions for as
long as one year and usually were expected to shave their heads and
dress in black as part of a culturally mandated mourning period. In
other areas a widow was considered a part of her husband's property to
be ``inherited'' by his family.
Polygyny is legal and continued to be practiced widely among many
ethnic and religious groups.
Women in the 12 northern states were affected to varying degrees by
Sharia law. In Zamfara State, local governments enforced laws requiring
the separation of Muslim men and women in transportation and health
care. The Kano State prohibition on commercial motorcycle taxis taking
women as passengers remained in place; however, it was not strictly
enforced.
The testimony of women was given less weight than that of men in
many criminal courts.

Children.--Citizenship of a child is derived from the parents. The
Government does not require birth registration, and the majority of
births were unregistered; however, this did not result in denial of
education, health care, or other public services.
Public schools remained substandard, and limited facilities
precluded access to education for many children. The law calls for the
Government--when practical--to provide free, compulsory, and universal
primary education to age 12. However, compulsory primary education
rarely was provided, and there were numerous mandatory school fees.
Most educational funding came from the federal government, with state
governments required to pay a share; however, not all state governments
released their funding share. It was estimated that up to 10 million
children were outside the conventional school system. As a result of
the Government's failure to pay them for months at a time, primary,
secondary, and university teachers were frequently on strike. In many
parts of the country, girls were discriminated against in access to
education for social and economic reasons. When economic hardship
restricted families' ability to send children to school, many girls
were redirected into activities such as domestic work, trading, and
street vending. Many families favored boys over girls in deciding which
children to enroll in elementary and secondary schools. According to
UNICEF, for every 10 girls in school, there were more than 22 boys. For
young persons between the ages of 17 and 25 years, 25 percent had fewer
than two years of education.
Child abuse was common throughout the country. The Government
criticized child abuse and neglect but did not undertake significant
measures to stop traditional practices harmful to children, such as
sales of young girls into marriage. According to credible reports, poor
families sold their daughters into marriage to supplement their
incomes. Families sometimes forced young girls into marriage as early
as puberty, regardless of age, to prevent ``indecency'' associated with
premarital sex or for other cultural and religious reasons. Human
rights groups reported sexual assaults and rapes of young girls,
especially in the north.
On March 17, Zamfara Senator Sani Ahmed Yerima married a 14-year-
old Egyptian girl at the central mosque in Abuja, in violation of the
2003 Child Rights Act adopted by the FCT. He maintained that he was not
subject to civil laws, only Sharia law. The case was brought to the
attorney general for possible prosecution, but no decision was made by
year's end.
On August 22, Abubakar Rabo Abdulkareem, the director of Kano's
State Censorship Board, allegedly engaged in sexual activity with a
minor. Police encountered him with the minor in his car and chased him
at high speeds until he hit a motorcyclist, who was injured. Charges
had not been filed by year's end.
The 2008 NDHS reported that 30 percent of women in the country had
been subjected to FGM. While practiced in all parts of the country, FGM
was most prevalent in the southern region among the Yoruba and Igbo.
Infibulation, the most severe form of FGM, was infrequently practiced
in northern states but was common in the south. The age at which women
and girls were subjected to the practice varied from the first week of
life until after a woman delivered her first child; however, most women
were subjected to FGM before their first birthday.
The law criminalizes the removal of any part of a sexual organ from
a woman or girl, except for medical reasons approved by a doctor.
According to the provisions of the law, an offender is any woman who
offers herself for FGM; any person who coerces, entices, or induces any
woman to undergo FGM; or any person who, for other than for medical
reasons, performs an operation removing part of a woman's or a girl's
sexual organs. The law provides for a fine of 50,000 naira ($330), one
year's imprisonment, or both, for a first offense and doubled penalties
for a second conviction.
The federal government publicly opposed FGM but took no legal
action to curb the practice. Twelve states banned FGM. However, once a
state legislature criminalized FGM, NGOs found that they had to
convince the local government authorities that state laws were
applicable in their districts. The Ministry of Health, women's groups,
and many NGOs sponsored public awareness projects to educate
communities about the health hazards of FGM; however, underfunding and
logistical obstacles limited their contact with health care workers.
FGM often resulted in obstetrical fistula (a tearing of the vaginal
area as a result of prolonged, obstructed labor without timely medical
intervention). Most fistulas resulted in the death of the baby and
chronic incontinence in the woman. The social consequences of fistula
included physical and emotional isolation, abandonment or divorce,
ridicule and shame, infertility, lack of economic support, and the risk
of violence and abuse. The absence of treatment greatly reduced
prospects for work and family life, and women affected often were left
to rely on charity.
There is no statutory rape law. Child prostitution is prohibited,
with penalties of up to seven years' imprisonment for the adult
involved. The minimum age of consensual sex is 18. The Child Rights
Act, which provides penalties for pornography, was not implemented in
all states.
Children accused of witchcraft were kidnapped, tortured, and
killed. In September media reported that the public outcry and effort
by the Government, particularly in Akwa Ibom State, had caused a drop
in new cases of children abused for alleged witchcraft. According to
two local NGOs, Stepping Stones Nigeria (SSN) and the CRARN, attackers
drove nails into children's heads, cut off fingers, tied children to
trees, and abandoned them in the jungle. Self-proclaimed ``bishop''
Sunday Williams publicly claimed to have killed 110 child witches and
asserted that Akwa Ibom had as many as 2.3 million witches and wizards
among its population of 3.9 million. In 2008 authorities arrested
Williams and charged him with torture and murder; he was arraigned in
May 2009, and the case continued at year's end. The Government did not
acknowledge the wider problem of accusing children of witchcraft. The
state governor, reacting to international press stories of persecution
of children accused of witchcraft in Akwa Ibom, issued arrest warrants
for the leaders of the SSN and the CRARN for alleged misappropriation
of funds and personal gain. The cases were pending at year's end with
outstanding warrants for the shelter's directors.
On September 24, in Akwa Ibom State, a father was arrested after he
buried his six-year-old twin sons in a shallow grave; the boys were
rescued when villagers heard their cries. The father believed the boys
were wizards who were responsible for the death of his wife, their
mother. The police asserted that they were ready to arrest anyone who
committed a crime under the guise of witchcraft, but a clan leader
complained that, rather than celebrating the father who discovered
witchcraft in his children, the police were called.
In July 2009 police in Eket, Awka Ibom State, raided the CRARN
shelter that housed 150 abused and neglected children, some of whom had
fled their homes after being accused of witchcraft. Police beat
children who tried to stop the arrest of two staff members. The two
were released later after the governor's office intervened; two girls,
aged 11 and 12 years, were left unconscious.
The Government did not conscript nor recruit persons under the age
of 18 into the military forces.
In June, President Jonathan stated that there were 17.5 million
vulnerable children, including 7.3 million orphans. According to 2009
UN statistics, 1.2 million children were orphaned due to HIV/AIDS.
UNICEF added that 25 percent of children in the country, including
orphans, were vulnerable due to inadequate nutrition, poor access to
health care, and infrequent school attendance.
On May 24, an illegal orphanage that allegedly sold babies was
discovered in Delta State. The proprietor reportedly coerced pregnant,
unmarried mothers to sign over their babies. The police discovered six
pregnant girls, among them a 14-year-old. The case had not come to
court by year's end.
Many children were homeless and lived on the streets. There were no
known statistics on their numbers. Major factors causing children to
turn to the streets included instability in the home, poverty, hunger,
abuse and violence by parents, and displacement caused by clashes in
the community.
In December, the Ministerial Committee on Madrasah Education
reported 9.5 million children were ``almajirai,'' or children whose
parents sent them from their rural homes to urban areas with the
expectation that they would study and live with Islamic teachers.
Instead of receiving an education, however, many almajirai became child
beggars who were forced to work manual jobs or beg for money that was
then turned over to their teacher. The religious leaders often did not
provide the almajirai with sufficient shelter or food, and many of
these children were effectively homeless. In 2008 the Government
distributed 90 million naira ($600,000) to 15 states to introduce
Koranic education into the mainstream educational system to
rehabilitate, integrate, and educate almajirai. There were no reports
that the program resulted in removing almajirai from the streets.

International Child Parental Abductions.--The country is not a
party to the 1980 Hague Convention on the Civil Aspects of
International Child Abduction. For information on international
parental child abduction, please see the Department of State's annual
report on compliance at http://travel.state.gov/abduction/resources/
congressreport/congressreport--4308.html.

Anti-Semitism.--There were no reports of anti-Semitic acts during
the year. An estimated 700 to 900 members of the Jewish community
resided in Abuja, all foreign employees of international firms, and
worshipped together in one synagogue.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The constitution does not prohibit
explicitly discrimination based on disability; however, it does
prohibit discrimination based on the circumstances of one's birth. No
laws prohibit discrimination against persons with physical, sensory,
intellectual, or mental disabilities in employment, education, access
to health care, or the provision of other state services. There were no
laws requiring physical accessibility, or access to information or
communications for persons with disabilities.
Mental health facilities were almost nonexistent. All disabled
prisoners were kept with the general inmate population without regard
to disability, and no additional services were available.
Persons with disabilities faced social stigma, exploitation, and
discrimination, and they were often regarded by their families as a
source of shame. Many families viewed children with disabilities who
could not contribute to family income as liabilities and sometimes
severely abused or neglected them. Many indigent persons with
disabilities begged on the streets.
The Government ran vocational training centers in Abuja and Lagos
to train indigent persons with disabilities. Individual states also
provided facilities to assist blind and other persons with physical
disabilities to become self-supporting. Persons with disabilities
established self-help NGOs, such as the Hope for the Blind Foundation
in Zaria, the Kano Polio Victims Trust Association, the Joint National
Association of Persons with Disabilities, the Albino Foundation, and
Comprehensive Empowerment of Nigerians with Disabilities.

National/Racial/Ethnic Minorities.--The country's population was
ethnically diverse and consisted of more than 250 groups, many of which
were concentrated geographically and spoke distinct primary languages.
There was no majority ethnic group; however, the three major groups--
Hausa, Igbo, and Yoruba--jointly constituted approximately half the
population. Ethnic discrimination was widely practiced by members of
all ethnic groups and was evident in private-sector hiring patterns and
the effective ethnic segregation of urban neighborhoods. A long history
of tension existed between some ethnic groups.
Many groups complained of insufficient representation in
government.
The law prohibits ethnic discrimination by the Government, but
claims of marginalization continued, particularly by members of
southern groups and Igbos. Ethnic groups of the Niger Delta continued
their calls for senior representation on petroleum agencies and
committees and within security forces.
In September the naming of an Igbo as the commander of the army was
seen by many citizens to be an effort to address long-standing
discrimination against Igbos in the military, a practice that has been
in place since the end of the Biafran War in 1970.
The constitution requires that the Government have a ``national
character,'' meaning that cabinet and other high-level positions are
distributed to persons representing each of the 36 states, or each of
the six geopolitical regions. Traditional relationships were used to
pressure government officials to favor particular ethnic groups in the
distribution of important positions and other patronage.
All citizens have the right to live in any part of the country, but
state and local governments frequently discriminated against ethnic
groups not indigenous to their areas, occasionally compelling
individuals to return to a region where their ethnic group originated
but to which they had no personal ties. The Government sometimes
compelled nonindigenous persons to move by threats, discrimination in
hiring and employment, or destruction of their homes. Those who chose
to stay sometimes experienced further discrimination, including denial
of scholarships and exclusion from employment in the civil service,
police, and the military.
For example, in Plateau State, the Hausa and Fulani, most of whom
were Muslim and considered nonindigenous, claimed to face significant
discrimination from the local government in land ownership, jobs,
access to education, scholarships, and government representation.
Religious differences often mirrored regional, ethnic, and
occupational differences. For example, in many areas of the Middle
Belt, Muslim Fulani tended to be pastoralists, while the Muslim Hausa
and Christian Igbo and other ethnic groups tended to be farmers or work
in urban areas. Consequently, ethnic, regional, economic, and land use
competition often correlated with religious differences between the
competing groups.
Incidents of extreme sectarian violence between Christians and
Muslims in the Middle Belt resulted in numerous deaths and injuries,
the displacement of thousands of persons, and widespread property
destruction.
On January 17, violence erupted in the city of Jos in Plateau
State. Accounts varied as to what sparked the violence. Continuing
violence in the succeeding days killed an estimated 326 persons,
primarily Muslim women and children, displaced approximately 15,000
persons, and resulted in numerous injuries and extensive property
damage. Security services made some arrests, but most alleged attackers
were released without charge. Few cases came to the courts, and there
were no documented convictions.
On March 7, Muslim Fulani herders attacked Berom villages, leaving
700 persons dead. As in January, few arrests were made, and most of
these arrestees were released. There were no documented convictions
from these attacks.
Reprisals and counter attacks continued all year, with estimates of
victims over 3,000 by year's end. For example, on the night of October
26, unknown assailants attacked villagers while they slept in the Bassa
local government area in Plateau State. Reports indicate that six
persons, all women and children, were killed, and several persons were
injured. No arrests were documented.
The Presidential Advisory Committee on Jos Crisis delivered its
report in August. The report contained recommendations regarding land
ownership, indigeneship, creation of new local government areas,
establishing a culture of nonviolence, addressing youth unemployment,
and community sensitization. No commitment was made to implement these
recommendations by year's end.
In the city of Jos, multiple bombs exploded near a church and busy
shopping area on December 24, killing and injuring Christians. In the
weeks after these attacks, more than 200 persons, both Muslim and
Christian, were killed in reprisals and counter-reprisals, according to
HRW.
Ethnic groups claimed economic exploitation, environmental
destruction, and government indifference to their problems in the oil-
producing Niger Delta region. Incidents of ethnic conflict and
confrontation with government officials and forces continued in the
Niger Delta area (see section 1.g.).
Numerous ethnic clashes occurred in parts of the Niger Delta,
including the states of Akwa Ibom, Bayelsa, and Cross River. On March
15, two bombs exploded at Government House in Warri during a post-
amnesty dialogue. The explosion damaged buildings in the area and
caused injuries to passers-by. One of the militant ethnic groups
claimed responsibility.
In February 2009 six persons died as a result of ethnic fighting in
Yenagoa, Bayelsa State, and in March 2009, 20 persons died in an
intercommunal clash in Cross River State.
In September 2009 a communal clash in Nkerehi, in Orumba South,
Anambra State, resulted in five deaths, injuries to 15 persons, and the
destruction of at least seven houses; a dispute over a proposed name
change for the community triggered the violence. Attacks by a vigilante
group forced many Nkerehi community members to hide in a nearby church
where the Government reportedly failed to provide protection or food.
Conflicts over land rights continued among members of the Tiv,
Kwalla, Jukun, and Azara ethnic groups living near the convergence of
Nassarawa, Benue, and Taraba States.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Homosexual activity is illegal
under federal law, and homosexual practices are punishable by prison
sentences of up to 14 years. In the 12 northern states that have
adopted Sharia law, adults convicted of engaging in homosexual activity
may be subject to execution by stoning, although no such sentences have
been imposed.
Because of widespread taboos against homosexual activity, very few
persons openly demonstrated such conduct. There were no public gay
pride marches. The NGOs Global Rights and The Independent Project
provided lesbian, gay, bisexual, and transgender (LGBT) groups with
legal advice and training in advocacy, media responsibility, and HIV/
AIDS awareness. The Government or its agents did not impede the work of
these groups during the year.
No action was taken against persons who in 2008 stoned and beat
members of the House of Rainbow Metropolitan Community Church, an LGBT-
friendly church in Lagos. The attacks occurred after four newspapers
published photographs, names, and addresses of church members.
As of year's end the trial of 18 men, originally charged in 2008
with sodomy and subsequently charged with vagrancy, had been postponed
multiple times. All defendants were able to post bail, set at 20,000
naira ($133), and were released. No resolution of the case was
announced by year's end.

Other Societal Violence or Discrimination.--There was widespread
discrimination against persons with HIV/AIDS, which the public
considered a disease resulting from immoral behavior. Persons with HIV/
AIDS often lost their jobs or were denied health care services.
Authorities and NGOs implemented public education campaigns to reduce
the stigma and change perceptions.
In 2008 the Bauchi State Agency for the Control of HIV/AIDS,
Tuberculosis, Leprosy, and Malaria announced an initiative to pair HIV-
positive couples for marriage in an attempt to reduce the spread of the
disease. The couples were introduced during counseling sessions and had
the right to accept or reject a suggested partner. As of March 2009, 94
HIV positive couples were matched and had married. The Joint UN Program
on HIV/AIDS voiced concern over the plan due to the increased risk of
passing the virus on to any children born, and the possibility of
leaving the children orphaned.
Section 7. Worker Rights

a. The Right of Association.--The law provides all citizens with
the right to form or belong to any trade union or other association for
the protection of their interests; while workers exercised this right
in practice, some statutory limitations on the right of association and
on trade unions restricted this right. Under the Trade Unions Act,
labor unions must be registered with the Government and must have a
minimum of 50 members. The law's intent was to prevent a proliferation
of small unions.
Workers, except members of the armed forces and employees
designated under the Trade Union Act as essential public sector
workers, may join trade unions. Essential workers included government
employees in the police, prison service, the immigration and customs
departments, the mint, and the Central Bank.
According to 2009 figures provided by the Michael Imoudu National
Institute for Labor Studies, eight million persons, or approximately 60
percent of formal sector workers, belonged to unions. Officials of the
Nigeria Labor Congress reported that their 39 affiliated unions had a
combined membership of between 3.5 and 3.8 million, including both
private and public sectors. The officials reported that union
membership had declined in recent years. Many workers in the informal
sector, where most workers find employment, belonged to thrift and
cooperative societies, which helped with daily savings and with loans
to meet business needs.
Trade union federations, called in the Trade Unions Act ``central
labor organizations,'' must be registered with the Government. Each
federation must consist of 12 or more affiliated trade unions, and
trade union membership in a federation must be exclusive. There were
two central labor organizations, the Nigeria Labor Congress and the
Trade Union Congress of Nigeria.
The law allows unions to conduct their activities without
interference; however, the law narrowly defines what union activity is
legal.
The law limits the right to strike to matters pertaining to breach
of contract or wage and conditions of work. Strikes were prohibited
over national economic policy. The International Labor Organization
(ILO) ruled that this policy was contrary to ILO conventions. In 2009
the Government chose not to enforce this provision of the law during a
four-month public university strike over the national minimum wage,
public education policy, and academic autonomy.
Workers not defined as ``essential'' had the right to strike,
although they had to provide advance notice. Workers under collective
bargaining agreements cannot participate in strikes unless their unions
complied with legal requirements, including provisions for mandatory
mediation and referral of disputes to the Government. Workers can bring
labor grievances to the judicial system for review; however, courts do
not ensure due process in protecting workers' rights. Laws prohibit
workers from forcing persons to join strikes, closing airports, or
obstructing public by-ways, with violations subject to stiff fines and
possible prison sentences. There were no known arrests during the year.
No laws prohibit retribution against strikers and strike leaders,
but strikers who believed they were victims of unfair retribution could
submit their cases to the Industrial Arbitration Panel with the
approval of the Ministry of Labor. The panel's decisions were binding
on the parties but could be appealed to the National Industrial Court.
Labor representatives described the arbitration process as cumbersome,
time-consuming, and ineffective in deterring retribution against
strikers.

b. The Right to Organize and Bargain Collectively.--The law
provides for the right of workers to both organize and bargain
collectively with employers. Collective bargaining occurred throughout
the public sector and the organized private sector but remained
restricted in the private sector.
The Ministry of Labor is responsible for monitoring and addressing
reported cases of antiunion discrimination. According to labor
representatives, in many cases workers' fears of negative repercussions
inhibited their reporting of antiunion activities.
A local NGO reported that workers were required to sign, as a
condition of employment, contracts that explicitly prohibited employees
from attempting to join a union. Some employers dismissed workers
involved in organizing unions. In September the management of an Abuja
hotel dismissed workers involved in organization efforts. The fired
workers initiated a complaint. At year's end the Government did not
taken action on the complaint. In December a bank withdrew recognition
of an employees' union.
Chinese employers reportedly failed to comply with labor laws
pertaining to the protection of union organizing, especially in the
construction and textile sectors.
In December, police broke up groups of unionized electrical workers
protesting government efforts to privatize the Power Holding Company of
Nigeria. These protests were held in Lagos, Ondo, and Delta States.
According to media reports, police arrested up to twenty members of the
National Union of Electricity Workers in Ondo State.
Workers and employers in export processing zones (EPZs) were
subject to provisions of labor laws and the Nigeria Export Processing
Zones Act. The law allows workers in the EPZs to organize and engage in
collective bargaining; however, workers are not allowed to strike for
ten years. In addition, the law allows the Nigerian Export Processing
Zones Authority, which the federal government created to manage the EPZ
program, to handle the resolution of disputes between employers and
employees. Three additional zones were planned, but no new zones were
designated during the year.

c. Prohibition of Forced or Compulsory Labor.--Although the law
prohibits forced or compulsory labor, including by children, it was
widespread, particularly bonded labor and domestic servitude. The law
provides for fines and imprisonment for individuals convicted of
engaging in the practice, but enforcement of the law was not effective
in many parts of the country. The Government did take steps to identify
or eliminate forced labor, but efforts were under-resourced and
complicated by jurisdictional issues between state and federal
governments. Children were involved in agriculture, building stone and
gravel mining, and domestic labor.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law, which sets a general minimum age for employment of 14 years, did
not protect children from exploitation in the workplace and was not
effectively enforced by the Government. Child labor was widespread, and
the Ministry of Labor and the National Agency for the Prevention of
Trafficking in Persons (NAPTIP) estimated that more than 15 million
children were involved in child labor.
Young persons under age 15 may only be employed on a daily basis,
must receive the day's wages at the end of each workday, and must be
able to return each night to their parents' or guardian's residence;
however, under the Labor Act these regulations do not apply to domestic
service. The law also provides exceptions for light work in agriculture
and horticulture if the employer is a family member. No young person
under the age of 16 may work underground, in machine work, or on a
public holiday. No young person may be employed in any job that is
injurious to health, dangerous, or immoral.
For industrial work and work on vessels where a family member is
not employed, the minimum work age is 15 years, which is consistent
with the age for completing educational requirements; however, child
labor remained a problem. The law states that children may not be
employed in agricultural or domestic work for more than eight hours per
day. Apprenticeship of youths above the age of 12 is allowed under
specific conditions.
The worst forms of child labor identified in the country included
commercial agriculture and hazardous farm work; street hawking;
exploitative cottage industries and hazardous mechanical workshops;
exploitative and hazardous domestic work; commercial fishing;
exploitative and hazardous pastoral and herding activities;
construction; transportation; mining and quarrying; prostitution and
pornography; forced and compulsory labor and debt bondage;
participation in ethnic, religious, political conflicts, and violence;
and involvement in drug peddling.
Many children worked as beggars, street peddlers, bus conductors,
and domestic servants in urban areas. Children also worked in the
agricultural sector and in mines. Boys worked as bondage laborers on
farms, in restaurants, small businesses, and granite mines, as street
peddlers, and beggars. Girls were forced to work as domestic servants,
street peddlers, and commercial sex workers. See further information in
the Trafficking in Persons Report www.state.gov/g/tip.
In addition to citizen children, there were reports of thousands of
trafficked Beninese children forced to work in granite mines in
Abeokuta, Ogun State. An international NGO worked with state government
officials to eliminate the number of child workers under age 14, and
acts as ombudsman to advocate for 14 to 16-year-old workers. In
Abakaliki, Ebonyi State, children could be seen hammering down large
pieces of rocks, stacking them into piles, and carrying them on their
heads, but there were no official statistics on their state or country
of origin.
In an effort to withdraw children from the worst forms of child
labor, the Ministry of Labor has established and upgraded skills
acquisition and vocational training centers in Kaduna, Ibadan, Enugu,
and Lagos; four other centers were being developed. New centers in
Calabar, Bauchi, and Warri were completed. Hundreds of smaller NGO-run
or state-run vocational training centers also were in operation.
The Ministry of Labor dealt specifically with child labor problems
and operated an inspections department to enforce legal provisions on
conditions of work and protection of workers. From January to November
the Ministry reported 12,040 labor inspections with 441 officers.
Although the inspectorate employed nearly 400 inspectors for all
business sectors, there were fewer than 50 factory inspectors for the
entire country. Victims or their guardians rarely made complaints due
to intimidation and fear of losing their jobs. Labor inspections were
mostly random but occasionally occurred when there was suspicion,
rather than actual complaints of, illegal activity. The ministry
conducted inspections mostly in the formal business sector, where the
incidence of child labor was not reported to be a significant problem.
The NAPTIP bears some responsibility for enforcing child labor laws,
although it primarily rehabilitates trafficking and child labor
victims.
The Government's child labor policy focused on intervention,
advocacy, sensitization, legislation, withdrawal of children from
potentially harmful labor situations, and rehabilitation and education
of children following withdrawal. The Labor Ministry is responsible for
enforcing labor laws. The ministry reported that no training programs
were held in 2010 due to budget constraints.
The federal government passed the Child Rights Act in 2003, but it
required state-level ratification for full implementation. A total of
24 states, plus the FCT, have passed the Act. The remaining states are
in the north, where Sharia law is in effect. UNICEF continued to
advocate passage and enforcement in all other states.
Private and government initiatives to eliminate child labor
continued but remained mostly ineffective. The Government gradually
implemented the ILO/International Program for the Elimination of Child
Labor Sustainable Tree Crop Program in the cocoa and other agricultural
subsectors, a component of which sensitized farmers to issues relating
to hazardous child labor and child trafficking for labor exploitation.
Akwa Ibom, Ondo, Cross River, and Abia states participated in the
program during the year.

e. Acceptable Conditions of Work.--The national monthly minimum
wage is 5,500 naira ($36). The national minimum wage did not provide a
decent standard of living for a worker and family.
In August the minimum wage for federal public sector workers
increased to 17,000 naira ($115) per month. The Government, labor and
private business negotiated amendments to the National Minimum Wage
Act, covering private employers, state and local government workers.
These amendments raise the monthly minimum wage for all but federal
workers to 18,000 naira ($120). In November labor unions led by the
Nigeria Labor Congress staged a one-day ``warning strike'' to protest
the lack of progress by the executive branch in sending the bill to the
National Assembly for passage. The unions suspended the strike after
the Minister of Labor made assurances that the Government would forward
the draft legislation to the National Assembly. However, at year's end
the National Assembly did not take action on the bill. The Labor
Ministry has responsibility for monitoring compliance with the minimum
wage, which it strictly enforced for companies with over 50 employees.
When a company with fewer than 50 employees was found to pay less than
the minimum wage, the ministry reviewed the company's records to
determine whether it could pay the minimum wage and then issued a
ruling.
The Labor Act mandates a 40-hour work week, two to four weeks of
annual leave, and overtime and holiday pay, except for agricultural and
domestic workers. The law prohibits excessive compulsory overtime for
civilian government employees.
The law establishes general health and safety provisions, some of
which were aimed specifically at young or female workers: however, the
Ministry of Labor did not properly monitor and enforce health and
safety conditions due to insufficient inspectors. The inspectorate
division of the Ministry of Labor inspects factories for compliance
with health and safety standards. However, this division was
underfunded, lacked basic resources and training, and consequently did
not sufficiently enforce safety regulations at most enterprises,
particularly construction sites and other nonfactory work locations.
In 2010 the National Assembly passed an Employees Compensation Act
which raised amounts paid to workers experiencing job-related injuries.
The act also extended coverage to women involved in work not previously
covered. The act was ready for the president's signature at year's end.
The law requires employers to compensate injured workers and
dependent survivors of those killed in industrial accidents; however,
it was not strictly enforced. The Factories Act provides for the
protection of factory employees in hazardous situations, including the
right of employees to remove themselves from such situations. The law
did not provide other, nonfactory workers with similar protections.
The labor laws apply to legal foreign workers, but not all
companies respected these laws in practice.

__________

RWANDA

Rwanda, with a population of 11 million, is a constitutional
republic dominated by a strong presidency. In August voters elected
President Paul Kagame to a second seven-year term with 93.1 percent of
the vote. International observers noted election day was peaceful with
minor irregularities, but they registered concerns about the political
and security environment in the run-up to the elections, including a
series of grenade attacks in the capital, a lack of critical opposition
voices in the preelection period, the continued inability of opposition
political parties to register, and the arrests of two opposition party
leaders. Two unregistered political parties were unable to field
presidential candidates due to legal or administrative issues, and
there were two high-profile killings--the vice president of an
unregistered opposition party and an independent journalist--that have
not been fully resolved. The media also faced heightened restrictions
in the months preceding the election. The ruling Rwanda Patriotic Front
(RPF) controlled the Government and legislature. The RPF candidate
dominated the election. Security forces reported to civilian
authorities.
There were reports of abuse of suspects by security forces and
local defense members, and prison and detention center conditions
remained generally harsh. Security forces arbitrarily arrested and
detained persons. Prolonged pretrial detention was a problem. There
were restraints on judicial independence and limits on freedoms of
speech, press, association, and religion, particularly in the
preelection period. The Government forcibly returned refugees. Official
corruption and restrictions on civil society remained problems.
Societal violence and discrimination against women, trafficking in
persons, and discrimination against the Twa and the lesbian, gay,
bisexual, and transgender (LGBT) community occurred. There were
restrictions on labor rights, and child labor occurred.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There was no direct
evidence that the Government or its agents committed any politically
motivated killings; however, there were two high-profile killings, that
of a vice president of an unregistered opposition party and an
independent journalist, that have not been fully resolved. The
Government generally investigated security force killings and
prosecuted perpetrators.
In August authorities prosecuted and sentenced a local defense
member for killing a university student in 2008 in Kigali's Nyagatare
Sector. Following the death of the student and three other local
defense killings in a six-month period in the same district, police
disarmed all local defense members in the district.
The Government investigated and prosecuted individuals accused of
threatening or harming genocide survivors and witnesses or of espousing
genocide ideology, which the law defines as dehumanizing an individual
or a group with the same characteristics by threatening, intimidating,
defaming, inciting hatred, negating the genocide, taking revenge,
altering testimony or evidence, killing, planning to kill, or
attempting to kill someone. As of September a special protection bureau
in the Office of the National Public Prosecution Authority (formerly
the Office of the Prosecutor General) registered 236 cases of genocide
ideology and violence against genocide survivors, 96 of which were
filed in court or suspended (see section 1.e.).
In January 2009 the Governments of the Democratic Republic of Congo
(DRC) and Rwanda accelerated efforts to achieve a rapprochement, which
they had initiated in late 2008, by carrying out a joint operation
called Umoja Wetu (Swahili for ``Our Unity'') in the eastern DRC
against Hutu rebel group the Democratic Forces for the Liberation of
Rwanda (FDLR). The FDLR was responsible for numerous atrocities against
Congolese civilians in eastern DRC, and its leaders were implicated in
the 1994 Rwandan genocide. The Umoja Wetu operation disrupted the FDLR
and precipitated the return of Rwandan FDLR combatants and
noncombatants. Rwandan forces also arrested General Laurent Nkunda, the
leader of the Congolese rebel National Congress in Defense of the
People (CNDP). In December 2009 the international nongovernmental
organization (NGO) Human Rights Watch (HRW) released the report You
Will Be Punished, which described 201 killings of civilians attributed
to military forces during the Umoja Wetu operation. The report also
described other widespread abuses by soldiers against civilians.
According to HRW, several of the victims and witnesses it interviewed
``found it difficult, if not impossible, to distinguish Rwandan army
soldiers from former CNDP combatants recently integrated into the
Congolese Armed Forces, who played an important role in the
operation.'' The HRW report, citing a 2008 UN Group of Experts report,
noted that soldiers of both armies ``often wore identical camouflage
uniforms'' and Rwandan soldiers had Rwandan flags on their uniform
sleeves. In some cases, according to HRW, former CNDP combatants had
the same army uniforms, although they usually removed the Rwandan flag.
According to the same HRW report, in late February 2009 soldiers
gathered residents of Ndorumo, North Kivu, by calling a meeting at a
local school and subsequently shot and killed approximately 90
villagers, including women and children, reportedly for collaborating
with the FDLR. In a similar incident, also in February 2009, soldiers
killed approximately 40 residents of Byarenga, North Kivu. There were
smaller numbers of civilians killed in other incidents during January
and February 2009.
The Government denied the Rwandan Defense Forces (RDF) had
participated in any killing of civilians. Neither Congolese nor Rwandan
authorities had taken any steps to investigate or prosecute soldiers
allegedly involved in such incidents by year's end.
On June 19, in Johannesburg, an unknown assailant shot and
seriously wounded former army chief of staff Lieutenant General Faustin
Kayumba Nyamwasa, who had fled to South Africa in February and become
an outspoken critic of President Kagame. According to the Commonwealth
Observer Group's report of the August Rwandan presidential elections,
the South African Foreign Ministry stated that foreign ``security
operatives'' were involved and arrested several suspects. The
Government repeatedly denied any involvement and said publicly it does
not condone violence.
At least one mob attack occurred during the year. In February five
men attacked the chairperson of the unregistered FDU-Inkingi political
party, Victoire Ingabire, and her assistant outside a local government
office in Kigali as they went to pick up forms to register their party.
Police subsequently arrested the men responsible for the attack.
In September 2009 residents of Kayonza District killed a suspected
thief. The suspects fled and authorities suspended the case.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices, but
instances of abuse of detainees and prisoners by police or prison
guards sometimes occurred. Authorities dismissed or disciplined some
police officers for use of excessive force and other abuses during the
year and transferred criminal cases for prosecution.
A local NGO that assists torture and abuse victims only operated
part of the year due to resource constraints, and referred clients to
other human rights organizations.
On June 24, authorities arrested several members of the PS-
Imberakuri political party and the unregistered FDU-Inkingi political
party on charges of holding illegal demonstrations. Authorities also
charged the founder of PS-Imberakuri, Bernard Ntaganda, with
threatening national security, genocide ideology, divisionism, and
creating a criminal organization. On June 25, authorities released some
detainees, but six PS-Imberakuri and three FDU-Inkingi members remained
in detention. On June 27, authorities arrested another PS-Imberakuri
member. Some detainees claimed authorities physically abused them while
in police custody; Ntaganda claimed authorities denied him access to a
lawyer. On July 6, the detainees appeared in court, and between July 9
and 13, authorities released all detainees, except Ntaganda, on bail.
In October Ntaganda went on a hunger strike to protest his treatment in
prison, and on October 14, prison authorities transferred Ntaganda to a
hospital in Kigali. At year's end, Ntaganda remained in prison awaiting
trial.
There were reports authorities detained and arrested members of the
Jehovah's Witnesses who refused to participate in nighttime security
patrols (see section 2.c.).
HRW stated it received reports of civilians who alleged that
security personnel arrested them arbitrarily during the Umoja Wetu
operation in the DRC, and that some of the security personnel then
changed into Rwandan army uniforms before taking the civilians across
the border to Rwanda and beating, detaining, and questioning them over
alleged ties to the FDLR. All reported being returned to the DRC after
being held for periods up to 17 days. None reported having been charged
with any offense. There was no other independent confirmation of these
reports.
Neither Congolese nor Rwandan authorities had taken any steps to
investigate or prosecute soldiers allegedly involved in such incidents
by year's end.
Isolated reports of abuse by local defense members continued.
There were reports that unknown assailants on occasion harassed and
threatened journalists and other citizens (see section 2.a.).

Prison and Detention Center Conditions.--Conditions in prisons and
detention centers were generally harsh, but there were some
improvements in treatment of the general prison population. According
to the National Prisons Service, it had fully implemented a 2006
presidential order governing the construction and organization of
prisons, which stipulates that each prison must have dormitories,
toilets, sports facilities, a health center, a guest hall, a kitchen,
water, and electricity. Prisoners and detainees had weekly access to
visitors and were permitted religious observance. Prison staff held
regular meetings with prisoners and detainees to listen to inmates'
complaints and take action to resolve them when possible. The majority
of the prison population is comprised of individuals convicted of
genocide-related offenses since the traditional court system, or
gacaca, hearings began nationwide in 2006. There were unconfirmed
reports that police sometimes beat newly arrested suspects to obtain
confessions. Kigali's Gikondo transit center, where authorities held
street children, vagrants, suspected prostitutes, and street sellers,
continued to operate, despite a senate committee's 2008 call for its
closure due to substandard conditions (see section 1.d.).
In 2008 the Government stopped allowing food contributions from
family members of prisoners and instituted a prepaid canteen system
families and detainees could access. During the year the International
Committee of the Red Cross (ICRC) completed a nutritional survey of
prisoners and found that prisoners received an adequate amount of food,
but some prisoners suffered from a micronutrient deficiency. Pregnant
and breastfeeding prisoners, and female prisoners with small children,
continued to receive food supplements from family members and prison
authorities. The Government allowed families to provide food to
prisoners in smaller jails or detainees in police stations awaiting
hearings or transfers. Prisoners outside of Kigali maintained gardens,
which supplemented prison diets. The Government established nursery
schools for children under three years' old living with their mothers
in five prisons; each nursery school also has a cow to provide fresh
milk to the children. Some prisoners transferred from police jails to
national prisons had not been fed for several days.
There were no reports of prison riots during the year. In August
2009 prisoners in the Kimironko and Cyangugu prisons rioted over lack
of food and visitation rights, resulting in several injuries.
The ICRC provided additional expertise and medical, logistical, and
material support to improve conditions for inmates, including hygiene
supplies, education programs for minors, health monitoring, and
construction programs to improve prison infrastructure. The ICRC also
had access to all police stations to monitor treatment of detainees and
conditions. In addition the ICRC in partnership with the Rwanda
National Police (RNP) identified 17 police stations for structural
repairs.
All 14 prisons provided treatment for tuberculosis (TB), and eight
provided full TB diagnostic and treatment services. Eleven prisons
provided HIV voluntary counseling and testing services, while 12
provided antiretroviral treatment for HIV-infected prisoners. According
to the Ministry of Internal Security, in 2009 the Government provided
voluntary HIV counseling and testing to approximately 33 percent of
prisoners and antiretroviral treatment to an estimated 1,500 prisoners.
In previous years prisoner deaths resulted from anemia, HIV/AIDS,
respiratory disease, malaria, and other diseases, although the rates of
such deaths were similar to those found in the general population. The
National Prisons Service reported there was one prisoner death during
the year, a decrease that was partly a result of a Global Fund program
that facilitated the placement of medical personnel in all 14 prisons,
implemented treatment for diseases including HIV/AIDS, and improved
hygiene and sanitary conditions.
In September 2009 in Nyagatare Prison, two prisoners died and 11
were hospitalized due to a botulism outbreak; 67 of the 188 inmates in
the prison contracted the disease.
As of year's end, the prison population was approximately 62,000 in
a system designed for 43,400. The population consisted of approximately
57,800 men, 3,860 women, and 430 minors. Additionally, as of August
there were 314 children living with their parents in prison.
National prison policy prohibits the hiring of prisoners to perform
work at private residences and businesses. However, community service,
a national program, was often part of a prison sentence for those who
confessed to genocide-related crimes, and prisoners may work
(uncompensated) on community projects such as building roads and
bridges. Prisoners charged with criminal offenses unrelated to the
genocide were not eligible to volunteer for work details. Prisoners
often volunteered for such details, which provided time away from
overcrowded prisons and, in some cases, afforded extra privileges.
Unlike the previous year, there were no reports of abuse of minors.
During the year the Government converted a prison in Nyagatare, in the
East, into a rehabilitation detention center for minors between the
ages of 14 to 16 years and transferred all sentenced minors from other
prisons to the center.
Authorities generally separated pretrial detainees from convicted
prisoners; however, there were numerous exceptions as a result of the
large number of genocide detainees awaiting trial. Authorities
separated prisoners convicted of serious crimes and sentenced for many
years from those convicted of lesser crimes and pretrial detainees.
The remaining high-profile political prisoner, former transport
minister Ntakirutinka, remained in a special section of Kigali's
``1930'' prison.
The ICRC reported unimpeded access on an unannounced basis to all
prisons during the year; the Government reported no local human rights
NGOs had applied for permits to visit prisons. The Government also
permitted independent monitoring of prison conditions by diplomats. In
order for journalists to receive access to prisons, they must first
apply to the Media High Council. The ICRC continued its visits to
police stations and military facilities.
The law established an ombudsman, who has the power to carry out
investigations of actions by government institutions, public
establishments, or private institutions in which the population finds
injustice. The ombudsman must also receive and examine complaints from
individuals and independent associations relating to acts of civil
servants, state organs, and private institutions and find solutions to
legitimate complaints.
In 2009 the Government completed construction of a new block of
prison cells in the South in compliance with international standards
for incarceration of prisoners convicted by international criminal
tribunals. In November 2009 the Special Court for Sierra Leone (SCSL)
transferred eight prisoners to Rwanda to serve their sentences. The
SCSL agreed with the International Criminal Tribunal for Rwanda (ICTR)
on the quality of the detention center, which the UN deemed met
international standards.
During the year the Government reported it had enrolled all
prisoners in the national health insurance plan, which prisoners could
use when referred to district hospitals.
There was no presidential order governing police detention centers
and conditions varied.

d. Arbitrary Arrest or Detention.--The constitution and law provide
legal safeguards against arbitrary arrest and detention; however,
security forces arrested and detained persons arbitrarily and without
due process.

Role of the Police and Security Apparatus.--The RDF under the
Ministry of Defense maintains external security. The RNP, headed by a
commissioner general and two deputy commissioners, is under the
Ministry of Internal Security and is responsible for internal security.
Five assistant commissioners oversee the various units, such as
training, intelligence, criminal investigations, protection, and the
provincial areas. The police lacked sufficient basic resources such as
handcuffs, radios, and patrol cars.
During the year 315 officers received training in community
relations, which included proper use of force and human rights; female
officers participated in several RNP-sponsored workshops on
professionalism and service provision.
Members of local communities chose community volunteers to serve in
the local defense, a statutorily established law enforcement
organization of approximately 20,000 members under the Ministry of
Local Government that assisted police. The RNP exercised tactical
control of local defense, while local officials had responsibility for
operational oversight. Local defense members performed basic security
guard duties throughout the country, including maintaining a presence
at gacaca proceedings. Local defense members were ordinarily unpaid and
received less training than RNP officers. They did not have powers of
arrest, but in practice they made arrests on orders from local
administrative officers and on their own. Among its various duties, the
local defense chased illegal street vendors, petty criminals, and
prostitutes away from public areas. There were reports that the local
defense acted with impunity when dealing with street vendors, street
children, vagrants, and undocumented residents. During the year the
Government publicly warned the local defense against involvement in
criminal activity and prosecuted local defense members who committed
crimes; however, some human rights groups accused the Government of not
taking sufficiently strong action against some local defense members
and considered the organization abusive.

Arrest Procedures and Treatment While in Detention.--The law
requires that authorities investigate and obtain a warrant before
arresting a suspect. Police may detain persons for up to 72 hours
without a warrant, and prosecutors must bring formal charges within
seven days of arrest. Authorities sometimes disregarded these
provisions during the year. At times police used nonjudicial punishment
when minor criminals confessed and the victims agreed to the police
officer's recommended penalty, such as a week of detention or
restitution. The law permits investigative detention if authorities
believe public safety is threatened or the accused might flee. There is
bail for minor crimes (those with a maximum sentence of five years);
authorities may otherwise release a suspect pending trial if they are
satisfied there is no risk that the person may flee or become a threat
to public safety and order. Authorities generally allowed family
members prompt access to detained relatives. By law detainees are
allowed access to lawyers, although they are not allowed formal
representation in the gacaca process. In practice, however, the
scarcity of lawyers (there were 684 attorneys in the country of which
469 were trainees, mostly located in Kigali) limited access to legal
representation. The Government did not provide indigent persons with
free access to lawyers, but a Legal Aid Forum composed of 36
organizations, including domestic and international NGOs, the Rwandan
Bar Association, and university law faculties, provided legal aid
services to indigent and vulnerable groups. Such resources were
insufficient to provide lawyers for every indigent person. The Bar
Association provided 259 lawyers to clients during the year. Lawyers
Without Borders also provided limited access to defense counsel and
provided 165 lawyers for 670 clients during the year. The law requires
the Government to provide minors with legal representation, which
judicial observers cited as a factor in juvenile trial delays.
Police arbitrarily arrested opposition members, journalists, and
members of Jehovah's Witnesses during the year (see sections 2.a.,
2.c., and 3).
In January 2009 government authorities arrested Laurent Nkunda,
leader of a Congolese armed entity, while he was in the country.
According to a 2008 report by the UN Group of Experts (UNGOE) on the
Democratic Republic of the Congo, Rwandan authorities had supplied
military equipment to and were complicit in recruiting soldiers for the
armed entity led by Nkunda. At year's end, Nkunda remained under house
arrest. On several occasions, police and the local defense detained
street children, vendors, beggars, and undocumented persons in Kigali
and larger towns and charged them with illegal street vending or
``vagrancy.'' Authorities released adults who could produce
identification and transported street children to their home districts,
to shelters, or for processing into vocational and educational
programs.
Early in the year, the Government opened a rehabilitation center on
Iwawa Island in Lake Kivu to provide vocational and technical training
to approximately 1,500 men between the ages of 18 to 35, some of whom
were homeless or petty criminals.
The Government continued to operate a rehabilitation center, which
offers psycho-social counseling, education, and reintegration services,
to more than 200 street boys.
Despite a 2008 senate committee report that called for the closure
of Kigali's Gikondo transit center for violations of detainee rights
and lack of social services, the facility continued to operate as a
temporary detention facility for street children, vagrants, and street
vendors. Government officials asserted they held persons for no more
than one to three weeks; however, detainees sometimes waited several
months before release. Authorities commonly denied access to the
relatives of detainees.
There were serious problems of lengthy pretrial detention,
including the detention of persons whose unresolved cases dated from
1994, a consequence of the large number of persons suspected of
committing genocide who continued to be held in prisons and detention
centers. The law permits the continued detention of genocide suspects
long enough to allow them to face trial either in an ordinary court or
in the gacaca system. Authorities permitted the majority of convicted
prisoners (those who had confessed their genocide crimes) to return to
their families, with actual prison time to be served after the
suspended and community service portions of their sentences expired.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the judiciary operated in most cases
without government interference; however, there were constraints on
judicial independence. Government officials sometimes attempted to
influence individual cases, primarily gacaca cases. There were no
reports that members of the executive branch communicated with judges
to discuss ongoing cases privately or to express executive preferences.
In its July 2008 report Law and Reality: Progress in Judicial
Reform in Rwanda, HRW cited continuing lack of judicial independence
and concerns about basic trial rights, including the presumption of
innocence, the right to present defense witnesses, the right to equal
access to justice, and the right to protection from double jeopardy.
In May 2009 the Swedish Supreme Court decided to extradite a
genocide suspect to Rwanda; however, the European Court of Human Rights
suspended the transfer to review the case. In 2008 the three panels of
the International Criminal Tribunal for Rwanda (ICTR) considering case
transfers to Rwanda found adequate judicial independence in the
country. The panels nevertheless denied case transfer, citing fair
trial concerns, including inadequate witness protection and improper
sentencing guidelines.
In 2008 the Military Court in Kigali acquitted two senior RPF
officers of the 1994 killings of 15 civilians, including high officials
of the Catholic Church; the case had been referred by the prosecutor
for the ICTR. Two junior RPF officers who pled guilty to the crimes
were given reduced sentences of eight years' imprisonment on the ground
the crimes were not premeditated. The prosecutor appealed the decision
to a higher court, which confirmed the lower court ruling.
As of October, there were 19,394 criminal and 19,282 civil cases
pending in the regular courts; approximately 46, 000 such cases were
pending at the end of 2009.

Trial Procedures.--In the ordinary court system, the law provides
for public trials, although courts closed proceedings in cases
involving minors to protect witnesses or at the request of defendants.
The law provides for a presumption of innocence, but government
officials did not always adhere to this in practice. Juries are not
used. Defendants have the right to be present, question witnesses
against them, and to present witnesses and evidence on their own
behalf. Defendants have the right to consult with an attorney, although
few defendants could afford counsel. The law provides for the right to
appeal, and this provision was generally respected. Lawyers Without
Borders and the Bar Association continued to provide legal assistance
to some indigent defendants but lacked the resources to provide defense
counsel to all in need. The law does not provide for an attorney at
state expense for indigent defendants. Defendants and their attorneys
have access to government-held evidence relevant to their cases. The
Government continued to swear in new court officers and assign them to
courts across the country, but the number of prosecutors, judges, or
courtrooms to hold trials within a reasonable period of time was
inadequate.
The RDF routinely tried military offenders in military courts,
which handed down sentences of fines, imprisonment, or both. Military
courts provided defendants with the same rights as civilian courts,
including an attorney at public expense, the right of appeal, and
access to government-held evidence relevant to their cases. The law
stipulates military courts should try civilian accomplices of soldiers
accused of crimes. During the year through October, military courts had
tried 62 civilians as coperpetrators or accomplices of military
personnel during the year.
Gacaca courts served as the Government's primary judicial process
for adjudicating hundreds of thousands of genocide cases. Gacaca
defendants are presumed innocent until proven guilty, and gacaca courts
normally decide a case on the same day a trial begins. There is no bail
in the gacaca system. Defendants are informed of the charges against
them during the trial, not before it. Defendants in gacaca courts can
present witnesses and evidence on their own behalf, although witnesses
were sometimes reluctant to testify for fear of reprisals, mainly in
the form of accusations of complicity in the alleged crimes at issue.
According to a Penal Reform International (PRI) report released during
the year, which provided a compilation of their findings on gacaca
courts from 2001 through September 2009, some defense witnesses were
also reluctant to testify for fear of being accused of ``genocide
ideology.'' Defendants can appeal gacaca proceedings at sector-level
courts. Lawyers are not permitted to participate officially in gacaca
courts, but they can testify as private citizens.
Genocide law is designed to encourage confessions in exchange for
reduced sentences for individuals accused of genocide-related crimes
other than Category I crimes (the most severe crimes, including rape,
murder, genocide instigation, or playing a leadership role in the
planning or commission of genocide). The majority of individuals
charged with genocide-related crimes are classified as Category II
(those who committed criminal actions such as murder or injured someone
with the intent to murder) or Category III (those whose crimes involved
property); these cases were either tried in gacaca courts (Category II
cases) or settled through gacaca mediation (Category III cases). In
2007 the Government passed legislation to lessen overall sentences and
increase the suspended sentence and community service portions of those
sentences. The 2007 sentencing guidelines, created to alleviate prison
overcrowding, allow all persons convicted by gacaca courts to serve
their community service and suspended portions of their sentences
first, resulting in the release of thousands of prisoners, some of whom
had been held since 1994. Category II prisoners who confess can return
home and serve their jail sentences later, usually no more than one-
sixth of a 15- or 20-year sentence; suspects who do not confess and are
convicted may face decades in jail.
In 2008 the law was further amended to move approximately 6,900
Category I cases--most involving rape--from ordinary courts to the
gacaca system. The law also provides for the transfer of approximately
1,200 genocide Category I cases, already begun in the ordinary courts,
to the gacaca courts. The law provides for the commutation of custodial
sentences and replaces remaining prison terms with community service
once the original community service portion of a sentence is completed.
By year's end, gacaca officials reported having concluded more than
1.2 million cases. As of December, all gacaca cases were complete;
however, the National Service of Gacaca Courts continued to process
requests for review of judgments.
During the year there were no reports of lawyers fleeing the
country as a result of threats or harassment by unknown persons
following their defense of persons accused of genocide or related
crimes.
Some gacaca judges denied defendants the right to present witnesses
and ordered the imprisonment of those who questioned the impartiality
of gacaca judges. Poorly qualified judges and ill-defined guidelines on
evidence and hearsay were problems. During the year there were reports
that local gacaca officials and citizens abused the process to pursue
personal matters and settle grudges unrelated to the genocide,
including making false accusations to acquire land.
According to the PRI report released this year, local authorities
``at times'' were reported to have unduly influenced gacaca judges
during the course of hearings.
Because the Government has not authorized gacaca courts to consider
human rights abuses allegedly committed by the RPF during the 1994
genocide, some human rights groups criticized the gacaca courts for
representing a form of incomplete or one-sided justice, and for being
biased against those who acted on behalf of the former government. The
Government claimed that it had prosecuted 46 soldiers, that civil and
military authorities addressed RPF abuses, and that one could not
equate such abuses with the genocide. A human rights organization
claimed that 36 soldiers had faced trial for crimes committed against
civilians during the genocide and attributed the low number to
government reluctance to try RPF soldiers for such crimes. No charges
were brought against RPF soldiers during the year.
Most gacaca hearings took place without incident, but violence and
threats of violence--usually perpetrated by persons accused of crimes
related to genocide--against genocide witnesses were sometimes
problems. Some citizens were too frightened to testify in gacaca
courts. Unlike in the previous year, the National Public Prosecution
Authority and the survivors' organization Ibuka both reported no
genocide survivors or witnesses were killed during the year. Ordinary
courts also handled the cases of persons accused of participating in
the injuring or threatening of witnesses, survivors, and judges.
During the year police investigated at least six cases of violence
against genocide survivors and witnesses. The Government asserted the
genocide ideology law was necessary to prevent a reincitement of
violence, but NGO and human rights organizations criticized the law as
overly broad and recommended its repeal. Unlike in the previous year,
there were no reports organized groups targeted and killed genocide
witnesses. However, the Government continued to conduct criminal
investigations of individuals, which resulted in some prosecutions.
The Government held local communities responsible for protecting
witnesses and relied on the local defense, local leaders, police, and
community members to protect witnesses. A task force continued efforts
to monitor those genocide survivors deemed most at risk and genocide
suspects considered most likely to commit violent attacks; however,
according to Ibuka, threats and violence against survivors decreased
significantly due to increased sensitization. During the year the task
force conducted joint patrols in rural areas by survivors and security
personnel; used preventive detention of genocide suspects to prevent
attacks deemed imminent by security officials; utilized hotlines; and
expedited gacaca hearings for those cases deemed most likely to involve
the risk of violence against survivors and witnesses.
Ibuka continued to call for increased cooperation among gacaca
courts, police, ordinary courts, and mediators, and for the creation of
a survivors' compensation fund; however, unlike in previous years, it
did not criticize the Government for failing to prevent survivor
killings.
Some analysts and human rights observers voiced concern that
witnesses might have given false testimony in a sizable number of
gacaca cases, despite penalties for such conduct. Observers also
expressed concern some suspects confessed to avoid lengthy prison
terms. Unlike in previous years, there were no reports that some
persons had been tried in both ordinary and gacaca courts for the same
crimes.
Although the vast majority of persons facing gacaca charges
remained in the country, in September 2009 a group of more than 300
genocide suspects fled to Burundi, claiming persecution in Rwanda.
Government officials claimed that most persons fled due to pending
gacaca cases, not persecution. An estimated 115 individuals were able
to claim asylum in October 2009; authorities deported others who came
forward later with asylum claims. Burundi's minister for the interior
told human rights groups that in November 2009 authorities deported
these latter asylum seekers because they had filed their claims too
late.
The ICTR, based in Tanzania, continued to prosecute genocide
suspects during the year (see section 5).

Political Prisoners and Detainees.--There were reports that local
officials briefly detained some individuals who disagreed publicly with
government decisions or policies.
Former transport minister Charles Ntakirutinka was sentenced to 10
years' imprisonment in 2004 in a trial that did not meet international
standards; he was charged with incitement of civil disobedience,
formation of a criminal association, and embezzlement of public funds.
Ntakirutinka and former president Bizimungu, who was released in 2007,
had sought to establish the Party for Democratic Renewal. The
Government permitted the ICRC access to Ntakirutinka.

Civil Judicial Procedures and Remedies.--The judiciary was
generally independent and impartial in civil matters. There are
mechanisms for citizens to file lawsuits in civil matters, including
violations of their constitutional rights. The Office of the Ombudsman
processes claims of judicial wrongdoing on an administrative basis.
There continued to be problems enforcing domestic court orders.
Rwanda is subject to the African Court on Human and Peoples' Rights
and the East African Court of Justice and has two judges on the courts.
As of October, there had been no decisions taken in favor of or against
Rwanda.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice;
however, there were some reports that the Government monitored homes
and telephone calls.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press ``in conditions prescribed by the
law''; however, the Government at times restricted these rights. The
Government continued to intimidate and arrest independent journalists
who expressed views that were deemed critical of the Government on
sensitive topics or who were believed to have violated law or
journalistic standards. The Government also suspended two private media
outlets for six months. Numerous journalists practiced self-censorship.
The law prohibits the propagation of discrimination or sectarianism
based on ``ethnic, regional, racial, religious, language, or other
divisive characteristics.'' Public incitement to what is commonly
termed divisionism is punishable by up to five years in prison, heavy
fines, or both.
Individuals could criticize the Government publicly or privately on
most topics; however, the laws prohibiting divisionism, genocide
ideology, and genocide denial continued to discourage citizens from
expressing viewpoints that might be construed as promoting societal
divisions. Other statutes forbid ``contempt for the Head of State of
Rwanda.'' During the year the expression of such viewpoints sometimes
resulted in arrest, harassment, or intimidation.
In September Amnesty International (AI) published the report Safer
to Stay Silent: The Chilling Effect of Rwanda's Laws on ``Genocide
Ideology'' and ``Sectarianism,'' which claimed these laws are broad and
ill-defined and have created a vague legal framework that is misused to
criminalize criticism of the Government and legitimate dissent. The
report claimed these laws deter persons from exercising their right to
freedom of expression and that some persons refrained from expressing
opinions that may be legal.
On July 13, authorities arrested Umurabyo journalist Saidati
Mukakibibi for defamation, inciting public disorder, and divisionism
for likening President Paul Kagame to Adolf Hitler. On July 8,
authorities arrested Umurabyo editor Agnes Uwimana for incitement to
civil disobedience, contempt of the head of state, spreading rumors to
cause public disorder, and denying the genocide. At year's end both
remained in detention awaiting trial.
Authorities arrested an American lawyer on May 28 on charges of
genocide denial, genocide ideology, and threatening national security.
On June 17, Rwandan authorities released him on medical bail; however,
they said they would continue the investigation.
On April 21, authorities arrested Victoire Ingabire, the
chairperson of the unregistered FDU-Inkingi political party, on charges
of providing material support to the FDLR and promoting genocide
ideology. On April 22, authorities released her on bail, but confined
her to Kigali.
On October 14, police arrested Ingabire again on separate charges,
after a former high-level FDLR commander, Major Vital Uwumuremyi,
implicated her in a plot to establish an armed group called the
Coalition of Defense Forces (CDF) as the military wing of the FDU-
Inkingi. Authorities arrested Uwumuremyi, who had demobilized last year
and was living in Rwanda, after he attempted to cross into the DRC
under an assumed name.
According to local reports, prosecutors were charging Ingabire in
connection with her alleged support for the CDF and the FDLR. FDU-
Inkingi press releases claimed Ingabire was being treated inhumanely;
government officials denied these claims. At her pretrial October 23,
the judge sentenced her to 30 days preventive detention while the
investigation continued. On November 25, the court approved an
additional 30 days of detention. On December 13, Ingabire appealed the
decision and lost. At year's end, Ingabire remained in prison awaiting
trial.
In August 2009 the Government passed the Law on Media. Provisions
in the law grant the Media High Council the power to suspend
newspapers, increase the amount of capital required to open new media
outlets, impose criminal penalties on journalists who incite
discrimination or show contempt for the president, and require
journalists to reveal their sources when authorities deem it necessary
to carry out criminal investigations or proceedings. The law also
requires journalists to have either an associate's degree in journalism
or communication, a certificate obtained from an institute of
journalism and communication, or a university degree in another field
with training in journalism. Journalists without one of these
qualifications must obtain them within five years to continue in their
positions.
There were both private and government-owned newspapers, published
in English, French, and Kinyarwanda. There were 31 newspapers,
journals, and other publications registered with the Government,
although fewer than 10 published regularly. Sporadically published
independent newspapers maintained positions contrary to and critical of
the Government during part of the year.
The Government did not expel members of the press from the country;
however, on April 14, the Media High Council suspended private
newspapers Umuseso and Umuvugizi for six months for inciting public
disorder. Umuvugizi editor John Bosco Gasasira fled the country for
Uganda in April, and Umuseso editor Charles Kabonero fled in May; both
claimed threats to their personal security. Umuvugizi continued to
publish online, but the Web site was not accessible in Rwanda; the
Government denied blocking the site. At year's end, the Media High
Council had lifted the suspension, but neither paper had reregistered,
a requirement to publish.
In August 2009 the Government charged Umuvugizi editor and
journalist Jean Bosco Gasasira, one of three journalists expelled from
a government event in 2008, with slander, abuse, defamation, and
invasion of privacy after he published two articles that accused a
government official of having an extramarital affair. The judge found
Gasasira guilty of defamation and invasion of privacy and fined him;
Gasasira appealed the decision in December 2009. On September 25, the
Kigali High Court cleared Gasasira of all charges.
In 2008 government officials expelled three local journalists--
Charles Kabonero of Umuseso, Jean Bosco Gasasira of Umuvuzigi, and Jean
Gaubert Burasa of Rushyasha--from a government event celebrating World
Press Freedom Day. It subsequently excluded Bonaventure Bizumuremyi of
Umuco and Kabonero's replacement from covering government events. At
year's end, Bizumuremyi, Gasasira, and Kabonero remained outside the
country. The Government later began allowing Rushyasha's reporters to
cover government events.
The appeal of the one-year suspended sentence of local journalists
Charles Kabonero and Didas Gasana of Umuseso, who were convicted in
2008 of libel for critical articles written about a prominent
businessman, remained pending at year's end.
Civil society representatives continued to criticize the
semiautonomous Media High Council for inhibiting rather than promoting
press freedom.
Unlike in previous years, government officials did not pressure
government institutions and local businesses to withhold advertising
from newspapers critical of the Government.
The law authorizes private radio and television broadcasting,
subject to the approval of the Government, although some media
practitioners complained that the licensing fees were prohibitively
high. The Government authorizes the licensing of private television
stations; however, it owned and operated the country's only television
station.
Radio stations broadcast criticism of government policies during
the year, including through the use of popular citizen call-in shows.
In some cases, unidentified individuals harassed and threatened
journalists. Some journalists reported receiving text messages and
phone calls from unidentified persons harassing them because of
critical stories they had written or calling them enemies of the
country. Additionally some journalists reported that unidentified
vehicles followed them.
On June 24, an unknown assailant shot and killed Umuvugizi
journalist Jean-Leonard Rugambage outside his home in Kigali. Umuvugizi
editor Gasasira claimed the murder was related to an article published
online that morning alleging the Government was involved in the
assassination attempt on former army chief of staff Lieutenant General
Faustin Kayumba Nyamwasa; however, on June 27, police arrested two
suspects, one of whom confessed to the murder of Rugambage as a
genocide-related revenge killing. In October authorities sentenced both
suspects to life in prison. Both appealed the sentence, and at year's
end, one remained in prison and the second remained free while the
investigation continued. Human rights groups have called for an
independent autopsy and an independent commission of enquiry into the
killing.

Internet Freedom.--There were no government restrictions on access
to the Internet. There were reports that the Government monitored e-
mail, but no reports related to Internet chat rooms. Individuals and
groups could engage in the peaceful expression of views via the
Internet, including by e-mail. Internet cafes were common and used
regularly in the largest towns; the Internet was generally unavailable
in rural areas, where the majority of the population lives. According
to International Telecommunication Union statistics for 2008,
approximately 3 percent of the country's inhabitants used the Internet.

Academic Freedom and Cultural Events.--The Government generally did
not restrict academic freedom or cultural events; however, in September
2009 police arrested university lecturer Dieudonne Nyamulinda on
charges of insulting the president and denying the genocide.
Authorities sentenced him to five years in prison. Nyamulinda appealed
the sentence and at a later trial received a sentence of two years in
prison. There were no confirmed reports that authorities suspended
secondary or university students for divisionism or engaging in
genocide ideology.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
and the Government generally respected this right in practice; however,
there were some exceptions. Authorities legally may require advance
notice for outdoor rallies, demonstrations, and meetings.
Authorities prevented political party organizers from meeting.
In 2009 authorities cancelled three assemblies of the Democratic
Green Party of Rwanda (or Green Party): two for alleged procedural
errors and one because of a disruption by an attendee. The Green Party
also found it difficult to secure a notary for its assemblies, and it
was still awaiting authorization from police to hold another assembly
at year's end.
The Government continued to limit the types of locations where
religious groups could assemble, at times citing municipal zoning
regulations as the reason.

Freedom of Association.--The constitution provides for freedom of
association; however, the Government limited this right in practice.
Private organizations were required to register, and the Government
generally granted licenses without undue delay; however, there were
some exceptions. The Government impeded the formation of new political
parties and restricted political party activities (see section 3).
The Government generally imposed difficult and burdensome NGO
registration and renewal requirements, as well as time-consuming
requirements to submit annual financial and activity reports.

c. Freedom of Religion.--For a description of religious freedom,
please see the Department of State's 2010 International Religious
Freedom Report at www.state.gov/g/drl//irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement, foreign travel, emigration, and repatriation, and
the Government generally respected these rights in practice.
The Government generally cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the Government did not use it.
According to the UNHCR, during the year the country accepted 9,886
citizens returning from other countries; most were settled in their
districts of origin. According to Rwanda Demobilization and
Reintegration Commission statistics, approximately 3,000 civilian
noncombatants, who had been living in FDLR-controlled areas of the DRC,
returned in 2009 and during the year. The Government worked with the
UNHCR and other aid organizations to assist the resettled returnees.
The Government continued to accept former combatants who returned
to the country from the DRC as part of the ongoing rapprochement
between the two countries. A total of 9,196 former combatants from
armed groups in the DRC, including 771 former child soldiers, had been
demobilized and peacefully resettled in the country since the beginning
of the disarmament, demobilization, and reintegration program in 2001.
During the year the Government demobilized 610 adult former combatants
from armed groups and rehabilitated 47 children, reuniting 29 with
their families. It also demobilized 2,000 RDF soldiers during the year.
With international support, the Government's Demobilization and
Reintegration Commission, the lead agency for the reintegration of
returned former combatants, placed such persons in a three-month
reeducation program at a demobilization and reintegration center in
Northern Province. There also was a center solely for former child
combatants in Eastern Province. After the three-month reeducation
period, each adult former combatant received approximately 60,000
Rwandan francs ($108) and permission to return home; several months
later, each received an additional 120,000 Rwandan francs ($216).
Returnees accused of committing genocide and who were at least 14 years
old at the time of the genocide faced gacaca trials.

Internally Displaced Persons (IDPs).--The Government demolished
homes and businesses in Kigali as part of the city's master plan, and
some residents claimed they received insufficient compensation for
their property.

Protection of Refugees.--The Government has established a system
for providing protection to refugees. The constitution recognizes the
right to asylum ``under conditions determined by law,'' and there was a
law in place to recognize refugees.
The UNHCR, with government support, continued to assist refugees
and asylum seekers. At year's end, it had provided temporary protection
to 55,688 refugees, 99 percent of whom were refugees from the DRC.
Other refugees were from Angola, Burundi, Chad, Eritrea, Ethiopia,
Somalia, Sudan, and Uganda.
In June the Government began issuing identity cards to refugees. In
a joint effort by the UNHCR, the Immigration Department, and the
Ministry of Disaster Management and Refugee Affairs, 10,840 refugees
had received identity cards by year's end, and the process was ongoing.
In June UNHCR hosted a two-day training program for 110 Rwandan members
of parliament on human rights, UNHCR's international protection
mandate, and regional, national, and legal instruments.
In July the Government of Uganda deported approximately 1,300
Rwandans who had fled to Uganda in March and April, but were denied
refugee status by Uganda. The Government received these returning
individuals in Byumba Transit Center, which according to the UNHCR
lacked water and adequate space. The Government did not allow the UNHCR
access to the individuals. Reports received later from the UNHCR and
the Government indicated individuals received a one-month supply of
food and nonfood items the day after their arrival. Authorities later
transported some returnees to their districts of origin.
There were no reports representatives of a DRC-based armed group
recruited children and adults from Rwandan refugee camps to be
combatants or laborers. The Government noted it was difficult to
control camps that had no fences and populations that regularly crossed
borders. Refugees had access to primary schools and health care, but
few were able to find jobs, although there were no laws denying them
employment.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide the right of citizens to change
their government peacefully; however, the ruling Rwanda Patriotic Front
(RPF) controlled the Government and legislature, and its candidate for
president during the year dominated the election.

Elections and Political Participation.--Presidential elections in
August were peaceful and orderly, with a heavy turnout; however,
observers noted irregularities in the electoral process. The election
was dominated by the ruling party, with the RPF candidate, Paul Kagame,
receiving approximately 93.1 percent of the vote; the Social Democratic
Party candidate 5.2 percent; the Liberal Party candidate 1.4 percent;
and the Party for Peace and Concord candidate 0.4 percent.
The Report of the Commonwealth Observer Group noted voter turnout
was large, voters conducted themselves in an orderly manner, and
polling stations and staff were well-prepared. The report listed some
irregularities in specific locations. For example, there were confirmed
reports that Rwandan National Electoral Commission (NEC) officials
called voters to polling stations as early as 2:00 a.m. although polls
officially opened at 6:00 a.m.; ballot box seals did not appear to be
numbered or otherwise uniquely identifiable; there were instances of
ballot boxes not having been verified as empty prior to the
commencement of voting; and a lack of familiarity by many voters as to
proper voting procedures. Regarding the ballot counting and tabulation
process, the report noted polling officials generally followed
procedures, but ``there were more inconsistencies at this stage and
also a looser application of procedures.'' For example, in some cases,
polling officials did not formally announce the start of the count, did
not always properly account for and secure unused ballot papers, and
did not always post results at the polling station.
Few observers were able to monitor the district consolidation
process and many reported discrepancies between vote tallies at the
polling stations and the final tally at the district level. For
example, most observers reported the RPF candidate winning 97 to 100
percent of votes cast at the polling stations, while the final national
tally recorded him winning 93.08 percent. In their report, the Rwandan
Civil Society Election Observation Mission noted that ``the practice
with regard to the process of transmission and consolidation of results
from polling centres to the district level in some districts still
needs some improvement.'' Some observers noted the process for
collecting and delivering ballots and results to the district was
lengthy and unclear, reflecting the country's infrastructure and
resource challenges. Also, NEC officials did not always give observers
clear information regarding the district consolidation process,
resulting in a lack of transparency. Some observers noted the use of a
thumb print on the ballot could lead to a perception a ballot could be
traced to an individual.
According to a preliminary report from the Media High Council,
media coverage and professionalism generally improved since the 2008
chamber of deputies elections. The report noted media generally gave
all parties equal access and balanced coverage; however, problems
included lopsided coverage by public media organs, inaccurate
estimations of campaign rally turnouts, and private media's reliance on
second-hand information during the first half of the campaign period.
According to a study by the National University of Rwanda School of
Journalism and Communication and the Deutsche Welle Akademie, media
coverage during the elections was generally professional and provided
education to citizens on the laws and the electoral process. However,
the report noted the public media organs they monitored did not give
equal space or airtime to all the candidates and parties. Additionally
media organs underrepresented some parties and sometimes reported
inaccurately. Finally the report found many media organs did not abide
by government regulations to avoid political propaganda, refrain from
wearing political party colors, and provide balanced reporting, thereby
undermining opposition parties and candidates.
The constitution provides for a multiparty system but offers few
rights for parties and their candidates. Parties were not able to
operate freely, and parties and candidates faced legal sanctions if
found guilty of engaging in divisive acts, destabilizing national
unity, threatening territorial integrity, or undermining national
security. The Government's enforcement of laws against genocide
ideology or divisionism discouraged debate or criticism of the
Government and resulted in brief detentions and the holding of one
political prisoner, former minister Ntakirutinka.
All political organizations were constitutionally required to join
the Forum for Political Organizations, which continued to promote
consensus at the expense of political competition, according to
observers. Independent political parties must demonstrate membership in
every district, reserve at least 30 percent of a party's leadership
positions for women, and provide a written party statute signed by a
notary to register.
The Government impeded the registration of the Green Party. In
September 2009 the Green Party had to cancel a planned assembly because
a public notary was not available. In October 2009 after an
unidentified man disrupted a Green Party assembly, police canceled the
meeting, citing security concerns. In November the Green Party applied
for but was unable to obtain police clearance to hold another assembly.
By year's end, the Green Party had not succeeded in registering as a
political party.
Police arbitrarily arrested opposition members. For example, in
September 2009 local authorities arrested a PS-Imberakuri member for
campaigning at school and breach of public order after he reportedly
spoke to students about his party. Police released him without charge
after three days; however, district authorities in Ruhango subsequently
dismissed him from his teaching position.
On July 14, the body of unregistered Green Party vice president
Andre Kagwa Rwisereka was found in the South. Police initially
suspected robbery, but later they indicated the murder may have been
over a financial dispute. Some human rights organizations claimed the
murder could have been politically motivated and called for an
independent autopsy by foreign experts. Police arrested a suspect on
July 16 and released him on July 21. The investigation was ongoing at
year's end.
During the year authorities prevented political party organizers
from meeting (see section 2.b.).
In accordance with the constitution, which states a majority party
in the chamber of deputies may not fill more than 50 percent of all
cabinet positions, independents and members of other political parties
held key positions in government including that of the prime minister.
The constitution requires at least 30 percent of seats in
parliament be reserved for women. At year's end, there were nine women
in the 26-seat senate and 43 women in the 80-seat chamber of deputies.
There were eight women in ministerial positions, representing 31
percent of cabinet positions.
There was one member of the Twa ethnic group in the senate but none
in the chamber of deputies.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government implemented these laws with increasing effectiveness;
however, corruption remained a problem.
For example, in December 2009 the court sentenced Vincent
Gatwabuyege, former permanent secretary in the Ministry of
Infrastructure, to three years in prison for embezzlement of state
funds. Authorities fined him 500,000 Rwandan francs (approximately
$1,000) and released him from prison in July. In November 2009 the
court sentenced Theoneste Mutsindashyaka, former state minister for
primary and secondary education, to one year in prison for violating
tendering procedures for construction of Eastern Province headquarters.
On July 16, authorities acquitted him on all charges, released him from
prison, and fined him 500,000 Rwandan francs ($1,000). In August 2009
the court charged former parliamentarian Bikoro Munyanganizi with
corruption and sentenced him to two years in prison. Munyanganizi
appealed, and in December the court acquitted him on the corruption
charges but sentenced him to one year in prison for tax evasion.
During the year there were some reports of police arbitrarily
arresting and beating individuals, engaging in corrupt activities, and
demonstrating a lack of discipline.
The National Public Prosecution Authority (formerly the Prosecutor
General's Office), under the Ministry of Justice, is responsible for
prosecuting police abuse cases. The RNP Office of Inspectorate Service,
which reports directly to the RNP commissioner general, handled
approximately 413 cases of police misconduct during the year. During
the year the RNP fired 104 police officers for corruption, abuse of
power, or misconduct; 309 police officers received administrative
punishment for indiscipline. Acts that rose to the level of criminal
offenses were referred to the National Public Prosecution Authority,
and several prosecutions were underway at year's end. The RNP
advertised a toll-free number through the local radio and press and
provided complaint and compliment boxes in many communities to
encourage citizens to report problems regarding police and local
defense members.
The Office of the Auditor General worked to prevent corruption,
including through investigations of improper tendering practices at
government ministries. The Office of the Ombudsman had an active good
governance program and several anticorruption units that worked at the
local level. During the year the office pursued many corruption cases,
the majority of which involved misuse of public funds. During the year
the police and National Public Prosecution Authority used the auditor
general's annual report to pursue investigations into the conduct of
government businesses.
The law provides for annual reporting of assets by public
officials, but not public disclosure of those assets; most officials
complied.
In January 2009 the Government announced the formation of an
anticorruption council, composed of the ombudsman's office, the
National Public Prosecution Authority, the national police
commissioner, and several ministries. In 2009 the council established a
hotline for reporting cases of corruption, made corruption cases a
priority in the judicial system, and shared information during
quarterly meetings. Between June and December, the anticorruption
council received 184 cases of alleged corruption; authorities
prosecuted 14 of the cases and delivered administrative penalties in
some of the other cases.
The law does not provide for access to government information, and
it remained difficult for citizens and foreigners, including
journalists, to obtain access to government information. However, the
annual budget was available publicly, both in electronic form and in
hard copy.
The November 2010 report of the UN Group of Experts (UNGOE) on the
Democratic Republic of the Congo (DRC) reported, prior to the DRC's
suspension of all mining activities in three Congolese provinces, that
export houses (or ``comptoirs'') ``have in the main begun trading
legally, apparently at the instigation and with the financing of
Rwanda-based Minerals Supply Africa (MSA), which is one of the main
buyers of minerals from the eastern area of the Democratic Republic of
the Congo.'' In its 2009 report, the UNGOE reported that MSA had
purchased minerals from a DRC-based supplier, Hill Side, which
according to the UNGOE is engaged in sales to MSA of tens of thousands
of kilograms of cassiterite that were exported from the DRC but not
declared to DRC authorities. According to information presented by the
UNGOE, Hill Side's cassiterite supply chains originated from conflict-
affected areas of eastern DRC's North Kivu Province.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of international NGOs and several independent domestic
human rights groups operated in the country, investigating and
publishing their findings on human rights cases. Some domestic NGOs
noted relations with the Government were generally positive; however,
others indicated the Government was intolerant of criticism and
suspicious of local and international human rights observers, often
rejecting their criticism as biased and uninformed. During the year
some NGOs expressed fear of the Government and self-censored their
activities and comments.
Domestic NGOs the Rwandan League for the Promotion and Defense of
Human Rights (LIPRODHOR) and the League for Human Rights in the Great
Lakes Region (LDGL) focused on human rights abuses. Other local NGOs
dealt with at least some human rights issues and conducted activities
such as lobbying the legislature to provide more protection for
vulnerable groups, observing elections, raising awareness of human
rights among youth, and providing explanations of legislation, legal
advice, and advocacy. In 2009 LIPRODHOR employed its 180 members (down
from 400 in 2008) and 106 district volunteers to conduct field
investigations of alleged abuses. Both LIPRODHOR and the LDGL published
their findings and discussed them with government officials--including
on sensitive cases--and raised concerns about false accusations in
gacaca trials. Few domestic NGOs produced publications regularly on
general human rights issues.
The law on nonprofit associations permits government authorities to
review budgets and the hiring of personnel. NGOs often found the
registration process difficult. To obtain a provisional six-month
approval, domestic NGOs must present their objectives, plan of action,
and financial information to local authorities of every district in
which the organizations intend to work. After obtaining provisional
agreement, domestic NGOs must apply for registration (legal
recognition) each year with the Ministry of Justice. If a local NGO is
initially denied registration, the NGO sometimes must correct and
resubmit its registration documents. The Government also requires
domestic NGOs to submit financial and activity reports each year. NGOs
complained these requirements and near-compulsory participation in the
Joint Action Forum strained their limited resources. While there was no
legal requirement to contribute financially to the forum, some
organizations felt pressured to do so.
The Government also requires international organizations to
register each year and obtain yearly provisional authorization from the
local governments of every district in which the organizations work,
followed by final authorization from the concerned ministry. This
requirement made registration difficult for some organizations. The
Government also requires international organizations to submit yearly
reports to the relevant local governments and national level
ministries. The paperwork involved was burdensome.
The Government required civil society groups to submit quarterly
financial statements and lists of staff and assets in each of the
districts where projects were implemented.
A progovernment NGO platform group, the Civil Society Platform,
continued to manage and direct some NGOs through the use of umbrella
groups, which theoretically aggregated NGOs working in particular
thematic sectors; however, many observers believed the Government
controlled some of these umbrella groups.
There were reports that authorities pressured some individuals
affiliated with NGOs to provide information on their activities.
Government officials sometimes criticized domestic NGOs that sought
assistance from international NGOs and the diplomatic corps in
resolving disputes with the Government.
The Government submitted a report to the UN Office of the High
Commissioner for Human Rights for the country's first Universal
Periodic Review, which described its efforts to improve the human
rights situation in the country. Additionally 35 local civil society
organizations submitted an alternative report; however, some leaders of
the participating organizations denounced the report after it was
submitted, saying it did not reflect their views.
The Government generally cooperated with international NGOs;
however, it frequently criticized HRW, and sometimes Amnesty
International, as being inaccurate and biased. The Government
reportedly conducted surveillance on some international NGOs.
The Government did not deny visas to NGO personnel; however, on
March 3, officials confiscated, and on March 10 cancelled, the work
permit of HRW's sole international researcher in country on charges of
forgery. The researcher reapplied, and on April 23, officials denied
her application. She left the country the next day.
The National Human Rights Commission (NHRC) enjoyed the
Government's cooperation but did not have adequate resources to
investigate all reported violations and remained biased in favor of the
Government, according to some observers.
The Office of the Ombudsman operated with government cooperation
and took action on cases of corruption and other abuses, including of
human rights (see sections 1.e. and 3).
The ICTR in Tanzania continued to prosecute genocide suspects
during the year. Since 1994 the ICTR completed 52 cases, with 36
convictions, eight convictions pending appeal, and eight acquittals. At
year's end, there were 21 individuals on trial, two persons awaiting
trial, and 10 fugitives. Despite continued government efforts to
prepare its facilities and legal system to meet international
standards, the ICTR has rejected five applications to transfer genocide
suspects to Rwanda for trial. In November the prosecutor filed three
new requests; eight other cases remained under appeal at year's end.
The ICTR had tried no RPF members by year's end. The Government
continued to claim that calls by human rights groups or opposition
figures for investigations of alleged RPF war crimes constituted
attempts to equate the genocide with abuses committed by RPF soldiers
who stopped the genocide.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides that all citizens are equal before the
law, without discrimination on the basis of ethnic origin, tribe, clan,
color, sex, region, social origin, religion or faith opinion, economic
status, culture, language, social status, or physical or mental
disability. The Government generally enforced these provisions;
however, problems remained.

Women.--The law criminalizes rape and spousal rape, and the
Government handled rape cases as a priority within its courts and
tribunals. Penalties for rape ranged from 10 years' to life
imprisonment; penalties for spousal rape ranged from six months' to two
years' imprisonment. During the year courts tried 239 cases--159 new
rape cases were filed in court, and 1,463 cases were pending at year's
end, compared with 2,020 pending cases at the end of 2009. In recent
years, those convicted of rape generally received prison sentences of
between one year and life. Rape and other crimes of sexual violence
committed during the genocide are classified as Category I genocide
crimes.
Domestic violence against women, including wife beating, was
common. Figures from the National Institute of Statistics indicated 31
percent of women over the age of 15 were victims of domestic violence,
and 10.2 percent of women experienced domestic violence during
pregnancy. A law on the prevention and punishment of gender-based
violence came into effect in April 2009 and provides for imprisonment
of six months to two years for threatening, harassing, or beating one's
spouse. However, cases normally were handled within the context of the
extended family. Between January and June, police investigated 1,572
cases of gender-based violence; however, this figure is thought to
underestimate the problem's extent. Police headquarters in Kigali had a
hotline for domestic violence, an examination room, and trained
counselors who provide access to a police hospital for more intensive
interventions. In 2008 the RDF cooperated with local authorities in
Northern Province to increase reporting of and support efforts against
gender-based violence in 41 specific locations. Each of the 62 police
stations nationwide had its own gender desk, trained officer, and
public outreach program. The national gender desk in Kigali also
monitored nationwide investigations and prosecutions into gender-based
violence. In July 2009 the Government--in partnership with the RNP, UN
Children's Fund, UN Development Fund for Women, and UN Population
Fund--opened the Isange Center, which provided medical, psychological,
and police assistance to victims of domestic violence.
The law prohibits sexual harassment by employers and provides for
penalties of two to five years' imprisonment and fines from 100,000 to
200,000 Rwandan francs ($180 to $360). Sexual harassment was common.
The effectiveness of government enforcement efforts was unknown.
The Government respected the basic right of couples and individuals
to decide freely and responsibly the number, timing, and spacing of
their children and to have the information and means to do so free from
discrimination, coercion, and violence. The Government made available
reproductive health services and contraceptives for all citizens,
regardless of age, sex, and ethnicity. More than 90 percent of the
population had some form of health insurance, with free coverage
provided to the poorest of the population. However, some persons
remained uninsured because they did not qualify for free insurance, did
not purchase insurance, or could not afford the fees. Additionally the
resources generated by the insurance schemes were not sufficient to
cover more expensive medical care, which resulted in significant out-
of-pocket costs.
There was a small copayment for obstetric services; this fee was
waived for women who completed the recommended four antenatal care
visits. Women and men received equal access to diagnostic services and
treatment for sexually transmitted infections including HIV/AIDS.
According to the Population Reference Bureau, the Government provided
73 percent of available contraceptives. According to a 2005 Demographic
and Health Survey, the unmet need for family planning was 38 percent, a
statistic that reflected rural access issues, lack of accurate
information, and religious reasons. According to the UN Population
Fund, use of modern contraceptives increased from 10 percent in 2005 to
17 percent in 2008, and skilled attendance at birth rose from 39 to 52
percent in the same period. According to the UN, the estimated maternal
mortality ratio in 2008 was 540 maternal deaths per 100,000 live
births.
Women have the same legal status and are entitled to the same
rights as men. The law allows women to inherit property from their
fathers and husbands, and couples may make their own legal property
arrangements; however, women had serious difficulties pursuing property
claims. Since the 1994 genocide, which left numerous women as heads of
households, women assumed a larger role in the formal sector, and many
operated their own businesses. According to the UNDP, nearly one-third
of households in the country are female-headed, and nearly two-thirds
of these households lie below the poverty line, compared to 54 percent
of male-headed households. Despite the election in 2008 of a chamber of
deputies with a female majority, women continued to have limited
opportunities for education, employment, and promotion. Women performed
most of the subsistence farming in the country. According to the
International Finance Corporation, women headed 42 percent of
enterprises and made up 58 percent of enterprises in the informal
sector, which accounts for 30 percent of the country's GDP. For the
majority of women, particularly those at the lower end of the economic
spectrum, the key assets of most households are usually owned by men,
making formal bank credit inaccessible to many women, rendering it
difficult to start or expand a business. According to a 2005
Demographic and Health survey, more than 85 percent of working women
are engaged in agriculture, but 72 percent of these women are self-
employed and 64 percent receive no payment for their work. The
Government-funded Women's Council served as a forum for women's issues
and consulted with the Government on land, inheritance, and child
protection laws. The Ministry of Gender and Family Promotion in the
Office of the Prime Minister headed government programs to address
women's issues and coordinated programs with other ministries, police,
and NGOs. The Government provided scholarships for girls in primary and
secondary school and loans to rural women. A number of women's groups
actively promoted women's concerns, particularly those of widows,
orphaned girls, and households headed by children. In January 2009 the
Government opened the Rwanda Gender Observatory, a gender-focused
institution that tracks the mainstreaming of gender equality and
women's empowerment throughout all sectors of society and collects
gender-disaggregated data to inform policy processes.

Children.--Citizenship is derived from one's parents. Children born
to two Rwandan parents automatically receive citizenship; children with
one Rwandan parent must apply for citizenship before turning 18 years
old. Children born in the country to unknown or stateless parents
automatically receive citizenship. Births are registered at the sector
level upon presentation of a medical birth certificate. There were no
reports of unregistered births leading to denial of public services.
Primary education is compulsory. Parents of students are not
required to pay tuition fees through nine years of basic education;
however, most parents were required to pay unofficial fees to support
basic school operations.
Statistics on child abuse were unavailable; however, such abuse was
common.
There were no statistics available on child marriage; however, it
occurred in rural areas.
Due to the genocide and deaths from HIV/AIDS, there were many
households headed by children, some of whom resorted to prostitution to
survive. The law provides that any sexual relations between an adult
and a child under 18 years old is considered rape and is punishable by
20 years to life in prison. Between January and July 2009, prosecutors
filed 2,045 cases in regular courts of rape of minors; judges acquitted
632 of those accused and sentenced 110 to life in prison.
During the year the Government conducted a high-profile public
campaign to discourage intergenerational sex and sexual procurement.
The law prohibits child pornography with penalties of between five
and 10 years in prison and a fine of 200,000 to 500,000 Rwandan francs
($360 to $900).
The Government continued to support the Muhazi rehabilitation
center for children in Eastern Province, which provided care and social
reintegration preparation during the year for approximately 47 children
who had previously served as soldiers in the DRC. As of December, 29 of
the former child soldiers were reunited with their families. In June
UNICEF, with the support of the Government, began a year-long project
at the center to provide literacy and numeric education, psychosocial
support, recreational and cultural activities, an improved medical
unit, and increased nutrition through gardens and fish farming.
There were numerous street children throughout the country.
Authorities gathered street children and placed them in foster homes or
government-run facilities, including Gikondo transit center, where
street children, vagrants, and street sellers were held in substandard
conditions (see section 1.d.). The Government also supported 30 child-
care institutions across the country that provided shelter, basic
needs, and rehabilitation for 1,988 street children. The Government
worked with international organizations and NGOs to provide vocational
training and psychosocial support to street children, reintegrate them
into their communities, and educate parents on how to prevent their
children from becoming street children.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congresreport/congressreport--4308.html.

Anti-Semitism.--There was a very small Jewish community, consisting
entirely of foreigners, and there were no reports of anti-Semitic acts,
societal discrimination, or abuse.
In 2009 the Government endorsed the opening of Agahozo Shalom Youth
Village, a residential community for orphaned teenagers sponsored by an
American Jewish organization, which teaches tolerance and acceptance of
all persons.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law specifically prohibits
discrimination against persons with disabilities in regard to
employment, education, and access to social services, and the
Government generally enforced these provisions. The constitution
prohibits discrimination on the basis of physical or mental disability.
The law also mandates access to public facilities, accommodations for
taking national exams, provision of medical care by the Government, and
monitoring of implementation by the NHRC; the Government generally
implemented these provisions. The National Federation for People with
Disabilities (FENAPH) appointed one member of the chamber of deputies.
The legislature passed an amendment to the constitution on June 17 to
establish a national council for persons with disabilities to assist in
coordination of government efforts to provide for the rights of persons
with disabilities.
Some persons view disability as a curse or punishment, which can
result in social exclusion and sometimes abandonment or hiding of
children from the community. FENAPH has held several conferences to
sensitize teachers and communities to these abuses.
There is one government psychiatric referral hospital in Kigali;
all other mental health facilities are nongovernmental. In general
facilities are underequipped and understaffed. Individuals can be
committed to mental health facilities involuntarily with no hearing.
There have been no claims of employment discrimination against
persons with disabilities.
The National University of Rwanda and the Kigali Institute of
Education admit students with visual disabilities.

National/Racial/Ethnic Minorities.--Long-standing tensions in the
country culminated in the 1994 state-orchestrated genocide, in which
Rwandans killed between 750,000 and one million of their fellow
citizens, including approximately three-quarters of the Tutsi
population. Following the killing of the president in 1994, an
extremist interim government directed the Hutu-dominated national army,
militia groups, and ordinary citizens to kill resident Tutsis and
moderate Hutus. The genocide ended later the same year when the
predominantly Tutsi RPF, operating out of Uganda and northern Rwanda,
defeated the national army and Hutu militias, and established an RPF-
led government of national unity that included members of eight
political parties. President Kagame was elected in the 2003 elections.
Since 1994 the Government has called for national reconciliation
and abolished policies of the former government that created and
deepened ethnic cleavages. The Government removed all references to
ethnicity in written and nonwritten official discourse and eliminated
ethnic quotas for education, training, and government employment. The
constitution provides for the eradication of ethnic, regional, and
other divisions in society and the promotion of national unity. In
practice, some Rwandans know the regional or ethnic origin of their
fellow Rwandans. Some individuals continued to accuse the Government of
favoring Tutsis--particularly English-speaking Tutsis--in government
employment, admission to professional schooling, recruitment into or
promotion within the army, and other matters.
Some French-speaking citizens charged the 2008 government decree to
replace French with English in 2010 as the language of instruction from
elementary school grade three onwards favored English-speakers.

Indigenous People.--Beginning in the 1920s, colonial authorities
formally assigned ``racial'' categories to all citizens and required
them to carry identity cards indicating their designated ethnicity--
Hutu, Tutsi, or Twa. Government authorities continued this practice
until after the 1994 genocide. The postgenocide government banned
identity card references to ethnicity and prohibited social or
political organizations based on ethnic affiliation as divisionist or
contributing to genocide ideology. As a result, the Twa, purported
descendants of Pygmy tribes of the mountainous forest areas bordering
the DRC and numbering approximately 34,000, lost their official
designation as an ethnic group. The Government no longer recognizes
groups advocating specifically for Twa needs, and some believed these
government policies denied them their rights as an indigenous ethnic
group. The Government recognized the Community of Rwandan Potters, an
organization that focused primarily on Twa community needs, as an
advocate for the most marginalized, rather than organizations that
support an indigenous ethnic group. Most Twa continued to live on the
margins of society with very limited access to health care or
education. The Twa generally continued to be treated as second-class
citizens.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Some members of the LGBT
community reported societal discrimination and abuse during the year.
According to a 2008-09 study in Kigali, gays claimed to have been
verbally and physically abused in workplaces, bars, prisons, and
elsewhere.

Other Societal Violence or Discrimination.--Discrimination against
persons living with HIV/AIDS occurred, although such incidents remained
rare. The Government actively supported public education campaigns on
the issue, including the establishment of HIV/AIDS awareness clubs in
secondary schools and making public pronouncements against
stigmatization of those with the disease.
According to RDF policy and in keeping with UN guidelines, members
of the military with HIV/AIDS are not permitted to participate in
peacekeeping missions abroad but remain in the military.
Section 7. Worker Rights

a. The Right of Association.--The law provides all salaried
workers, except for civil servants, the right to form and join unions
of their choice without previous authorization or excessive
requirements, and workers exercised this right in practice. The law
allows unions to conduct their activities without interference;
however, while the Government respected this right in practice, some
private sector employers did not and often harassed union members.
Employers often prevented organized workers from meeting by prohibiting
meetings during work hours. Approximately 30 percent of the total
workforce, including agricultural workers, belonged to unions.
All unions must register with the Ministry of Labor for official
recognition; the application process was cumbersome.
The law provides some workers the right to strike, but authorities
severely restricted this right. Civil servants were not allowed to
strike. Participation in unauthorized demonstrations could result in
employee dismissal, nonpayment of wages, and civil action against the
union. A union's executive committee must approve any strike, and the
union must first try to resolve its differences with management
following a process prescribed by the Ministry of Labor. During the
year workers at a tobacco company formed a union and held a strike to
protest working conditions. According to a union cooperative, some of
the workers responsible for forming the union were fired; a trial for
some members is set for June 2011.

b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining, but the Government severely limited
this right. The labor law allows for unions to negotiate with employers
for an industry-level minimum wage, but no unions have done so.
The Government was heavily involved in the collective bargaining
process since most union members worked in the public sector. No labor
unions had an established collective bargaining agreement with the
Government.
The law prohibits antiunion discrimination, but there were no
functioning labor courts to resolve complaints involving discrimination
against unions. According to the Central Union of Rwandan Workers,
employers in small companies frequently intimidated unionists through
the use of transfers, demotions, and dismissals, although less often
than in the previous year. The law requires employers to reinstate
workers fired for union activity; however, the Government seldom
enforced this law.
There were no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, and the Government generally enforced this
right; however, prison authorities assigned prisoners to work details
that generally involved uncompensated public maintenance duties. Gacaca
courts sentenced convicts to perform community service, and those
suspected of committing genocide, who confessed, received sentences
involving community service. Some prisoners volunteered for community
service because it allowed them time away from overcrowded prisons and
sometimes extra privileges. Authorities have sentenced 62,028 persons
to community service. At year's end, 20,875 persons were serving their
sentences in one of the 51 community service camps, 24,543 had
completed their community service, and 14,071 were waiting to begin
community service.
There were no reports that children in refugee camps were recruited
to be used as combatants in eastern DRC or forced laborers.
Forced child labor and trafficking of children for sexual
exploitation occurred.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits forced or compulsory labor by children; however, the
Government did not effectively enforce it. According to a survey
completed by the International Labor Organization and UNICEF in
partnership with the Government, approximately 325,000 children (11
percent of children between the ages of five and 17) engaged in child
labor.
During the year the Government increased efforts to stop child
prostitution through a high-profile public campaign to discourage
intergenerational sex and sexual procurement.
Except for subsistence agricultural workers, who accounted for more
than 85 percent of the workforce, the law prohibits children younger
than 16 years old from working without their parents' or guardians'
permission. The law prohibits children younger than 18 years old from
participating in night work (between 7 p.m. and 5 a.m.) or any work
deemed hazardous or difficult by the minister of labor. Children also
must have a rest period of at least 12 hours between work periods. The
minimum age for full-time employment is 18 years old (16 years old for
apprenticeships), provided that the child has completed primary school.
The Government identified five forms of child labor as the ``worst
forms of labor,'' including domestic work outside the family sphere;
agricultural activities on tea, rice, and sugar cane plantations; work
in brickyards and sand extraction quarries; crushing stones; and
prostitution. During the year child labor persisted in the agricultural
sector, among household domestics, in small companies, and in the
brick-making industry. Children received low wages, and abuse was
common. In addition child prostitution and trafficking of children were
problems.
A National Advisory Committee on Child Labor composed of various
government ministries, the NHRC, RNP, trade unions, and NGOs met
regularly to provide guidance and technical assistance to the
Government on child labor issues and to develop a national child labor
policy. The Government supported 30 labor inspectors, one in each
district; however, the Government was unable to provide them with
adequate resources effectively to identify and prevent the use of child
labor. Some districts established bylaws to prevent child labor, and
child labor reduction benchmarks were integrated into district
performance contracts.
The Government worked with NGOs to raise awareness of the problem,
identify children involved in child labor, and send them to school or
vocational training. Between 2004 and 2008, in collaboration with
numerous NGOs, the Government rescued 4,251 children from exploitative
labor, prevented 3,121 at-risk children from entering exploitative
labor, and assisted many of them to attend formal or vocational
education. The Government fined those who illegally employed children
or sent their children to work instead of to school. During the year
teachers and local authorities received training on the rights of
children. The Ministerial Order this year on the worst forms of child
labor prohibits children from working at industrial institutions and in
domestic service, mining and quarrying, construction, brick-making, or
applying fertilizers and pesticides. In November the Ministry of Public
Service and Labor released a brochure on strategies to eliminate child
labor in the country.
Also see the Department of State's annual Trafficking in Persons
Report at http://www.state.gov/g/tip.

e. Acceptable Conditions of Work.--There was no single minimum
wage, but minimum wages in the formal economy did not provide a decent
standard of living for a worker and his family. For example, the
minimum wage in the tea industry ranged from 500 to 1,000 Rwandan
francs per day (approximately $0.85 to $1.70), while in the
construction industry it ranged from 1,500 to 5,000 Rwandan francs a
day ($2.50 to $8.50), depending on skill level. Minimum wages, however,
provided a higher standard of living than that of the 85 percent of the
population relying only on subsistence farming. The Ministry of Public
Service, Skills Development, and Labor set minimum wages in the small
formal sector. The Government, the main employer, effectively set most
other wage rates as well. In practice some workers accepted less than
the minimum wage. Families regularly supplemented their incomes by
working in small businesses or subsistence agriculture.
In May the Government passed a law that increases legal working
hours from 40 to 45 hours per week and reduces maternity leave from 12
weeks with full salary to six weeks with full salary, with an optional
additional six weeks at 20 percent of salary. The law provides
employers with the right to determine daily rest periods; in practice
most employees received a one-hour lunch break. The law does not
provide for premium pay for overtime, but there are prohibitions on
excessive compulsory overtime. The law regulates hours of work and
occupational health and safety standards in the formal wage sector, but
inspectors from the Ministry of Public Service did not enforce these
standards effectively. Workers did not have the right to remove
themselves from dangerous work situations without jeopardizing their
jobs; however, the Government established a list of dangerous
professions subject to heightened safety scrutiny. The same standards
applied to migrant and foreign workers.

__________

SAO TOME AND PRINCIPE

The Democratic Republic of Sao Tome and Principe is a multiparty
constitutional democracy with a population of approximately 200,000.
The head of state is President Fradique Bandeira Melo De Menezes, who
was reelected in 2006. The head of government is Prime Minister Patrice
Emery Trovoada, whose party won the most seats in legislative elections
held August 1. International observers deemed both the 2006
presidential and August 1 legislative elections free and fair. Security
forces reported to civilian authorities.
Human rights abuses included difficult prison conditions; prolonged
pretrial detention; official impunity; official corruption; violence
and discrimination against women; child labor; and harsh forced labor
conditions.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices, and
there were no reports that government officials employed them.

Prison and Detention Center Conditions.--Prison conditions were
difficult, but not life threatening. Medical care was poor, and food
was often inadequate. Extreme high temperature often occurred and
ventilation was often insufficient.
Pretrial prisoners were held with convicted prisoners, and
juveniles were held with adults. There is one prison and no jails or
detention centers. Police stations have a small room or space to
incarcerate an offender for brief periods.
There were a total of 218prison inmates and 87 pretrial detainees.
The number of inmates included 8 women and 25 juveniles. There were no
reports of prison deaths.
Prisoners and detainees had reasonable access to visitors on a
weekly basis and were permitted religious observances. Authorities
permitted prisoners and detainees to submit complaints to judicial
authorities without censorship and to request investigation of credible
allegations of inhumane conditions. Legal representatives are available
to address prisoner grievances.
The Government investigated and monitored prison and detention
center conditions through the Ministry of Justice.
The Government permits human rights monitors to visit the prison;
however, there were no such visits during the year.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.

Role of the Police and Security Apparatus.--In August, with the
formation of the 14th constitutional government in the country's
history, the national police and immigration service again were put
under the control of the Ministry of Defense and Public Security. The
Ministry of Defense and Public Security continues to supervise and
control the military. Despite increased personnel and trainings offered
throughout the year, the police remained ineffective and were widely
viewed as corrupt. Impunity was a problem, and efforts to reform the
Criminal Investigation Police, a separate agency under the Ministry of
Justice, were unsuccessful, primarily due to inadequate resources.

Arrest Procedures and Treatment While in Detention.--The law
requires arrest warrants issued by an authorized official to apprehend
suspects, unless the suspect is caught during the commission of a
crime. The law requires a determination within 48 hours of the legality
of a detention, and authorities generally respected this right.
Detainees are informed promptly of charges against them and are allowed
prompt access to family members. Detainees are allowed prompt access to
a lawyer and, if indigent, to one provided by the state. There was a
functioning bail system.
However, severe budgetary constraints continued to result in
lengthy pretrial detention and greatly hindered investigations in
criminal cases. Inadequate facilities and a shortage of trained judges
and lawyers were additional factors leading to lengthy pretrial
detention.
According to the director of the Sao Tome prison, 30 percent of the
country's prisoners were awaiting trial during the year, and
approximately 24 pretrial detainees had been held for more than a year.
The majority of prisoners were young adults 18 to 30 years old.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, at times the judicial system was
subject to political influence or manipulation. Judicial salaries
remained low, and judges reportedly accepted bribes.

Trial Procedures.--The constitution provides for the right to a
fair public trial by a judge (juries are not used), the right of
appeal, the right to legal representation, and, if a person is
indigent, the right to an attorney provided by the state. Defendants
are presumed innocent, have the right to confront their accusers,
confront witnesses, access government evidence, and present evidence
and witnesses on their own behalf.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--The same courts consider
both criminal and civil cases, but different procedures are used in
civil cases. Plaintiffs may bring lawsuits seeking damages for, or
cessation of, a human rights violation; there are also administrative
and judicial remedies for alleged wrongs.

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights; however, journalists practiced self-censorship.
The law grants all opposition parties access to the state-run media,
including a minimum of three minutes per month on television.
Individuals could privately or publicly criticize the Government,
including specific officials, without fear of reprisal. There were no
reports of the Government impeding criticism. Two government-run and
seven independent newspapers and newsletters were published
sporadically, usually on a monthly or biweekly basis; resource
constraints determined publishing frequency. The independent media were
active and expressed a wide variety of views without restriction.
International media operated freely. The Government operated television
and radio stations. Several foreign broadcasters also were
rebroadcasted locally.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of peaceful assembly and association, and
the Government generally respected these rights.

c. Freedom of Religion.--For a description of religious freedom,
please see the Department of State's 2010 International Religious
Freedom Report at www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights. The
law does not prohibit forced exile; however, there were no reports that
the Government used it practice.

Protection of Refugees.--The law does not specifically provide for
the granting of asylum or refugee status in accordance with the 1951 UN
Convention relating to the Status of Refugees and its 1967 protocol.
The Government has not established a system for providing protection to
refugees. In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. During the year there were no known
requests for refugee or asylum status.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic and generally free and fair elections based on
universal suffrage.

Elections and Political Participation.--The August legislative
elections gave a plurality of seats in the National Assembly to the
Independent Democratic Action (ADI) party. The ADI subsequently formed
a government headed by Prime Minister Patrice Trovoada, who took office
on August 14. International observers deemed the election generally
free and fair.
Local and regional elections were held on July 25. The ADI won
control of two of six districts in these elections; the principal
opposition party, the Movement for the Liberation of Sao Tome and
Principe, won four districts, and a new party, Union for Change and
Progress of Principe, won the presidency of the regional government in
Principe.
Political parties operated without restriction or government
interference.
Women held positions throughout the Government, including 11seats
in the 55-seat National Assembly, one of 13 cabinet positions, one seat
on the three-member Supreme Court, and two of the 12 judgeships in the
circuit courts.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
officials frequently engaged in corrupt practices with impunity. The
police remained ineffective and were widely viewed as corrupt.
The World Bank's 2009 Worldwide Governance Indicators reflected
that corruption was a serious problem. Public officials were not
subject to financial disclosure laws.
There are no laws that provide for public access to government
information; however, there were no reports that the Government
restricted access to information by citizens or noncitizens, including
foreign media.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
In the past a small number of domestic human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Because of the general
respect for human rights, such groups generally remained inactive.
Government officials generally were cooperative and responsive to their
views.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides for the equality of all citizens
regardless of gender, race, social origin or status, political views,
creed, philosophical convictions, disability, or language;
nevertheless, women faced discrimination.

Women.--Rape, including spousal rape, is illegal and punishable by
two to 12 years' imprisonment. Rape occurred occasionally, with
prosecution most likely in cases where there was evidence of violent
assault as well as rape or if the victim was a minor. However, no
statistics on prosecutions were available. Government family planning
clinics and nongovernmental organizations (NGOs) sought to combat rape
by raising awareness of the problem.
Widespread reports of domestic violence, including rape, against
women continued. Although women have the right to legal recourse,
including against spouses, many were reluctant to bring legal action
because of the cost and a general lack of faith in the legal system to
effectively address their concerns. Women were often ignorant of their
rights under the law. Tradition inhibited women from taking domestic
disputes outside the family. The law specifically addresses domestic
violence cases. If the victim misses fewer than 10 days of work, the
penalty for assault is six months in prison. If the victim misses 10 to
20 workdays, the penalty is one year, and so forth. The law was
strictly enforced, but there was no data on the number of prosecutions
or convictions for domestic violence.
The Office of Women's Affairs and the UN Children's Fund maintained
a counseling center with a hotline. While the hotline did not receive
many calls due to unreliable telephone service, the counseling center
received numerous walk-ins.
The law does not prohibit sexual harassment, and it was a problem.
No data was available on its extent.
The Government recognized the right of couples and individuals to
decide freely and responsibly the number, spacing, and timing of their
children. Health clinics and local NGOs were permitted to operate
freely in disseminating information on family planning under the
guidance of the Ministry of Health. There were no restrictions on the
right to access contraceptives, but they were not widely used. Due to a
lack of funds, NGOs and the Ministry of Health had insufficient
supplies of contraceptives, leading to a decrease in availability and
use. The Government provided free childbirth services, but the lack of
sufficient doctors obliged many women, especially in rural areas, to
rely on nurses or midwives during childbirth, unless the mother or
child suffered more serious health complications. Pre- and post-natal
care outside of the family is rare. Men and women received equal access
to diagnosis and treatment for sexually transmitted infections,
including HIV, but women were more likely than men to seek treatment
and refer their partners.
The constitution stipulates that women and men have equal
political, economic, and social rights. Women did not experience
economic discrimination. While many women have access to opportunities
in education, business, and government, women in general continued to
encounter significant societal discrimination. Traditional beliefs left
women with most child-rearing responsibilities and with less access to
education or entry into professions. A high teenage pregnancy rate
further reduced economic opportunities for women. The Gender Equality
Institute within the Office of Women's Affairs held numerous seminars
and workshops to raise awareness of discrimination against women.

Children.--Citizenship is acquired either through parents or by
being born within the country. Either parent, if a citizen, can confer
citizenship to a child born outside the country. The law requires all
children born in the country to be registered in the hospital where
they are born. If not born in a hospital, the child must be registered
at the nearest precinct. Failure to register a birth can lead to a
fine.
By law education is universal, compulsory through sixth grade, and
tuition-free to the age of 15 or sixth grade. In practice many rural
students stopped attending school after the fourth grade. A number of
government and donor-funded programs operated to improve conditions for
children, notably an ongoing malaria control project and a program for
acquisition of school and medical equipment. Mistreatment of children
was not widespread; however, there were few protections for orphans and
abandoned children.
There were reports of children engaged in prostitution. There is no
statutory rape law or specific legislation to prohibit child
pornography. However, the Government uses other laws such as kidnapping
or unlawful forced labor, as well as its existing rape-related laws, to
address instances of sexual exploitation of children.
The Ministry of Labor and Solidarity operated a social services
program that collected street children in three centers where they
attended classes and received training. Conditions at the centers were
good; however, because of overcrowding, some children were returned to
their families to sleep at night, and a few of these children ran away.

Anti-Semitism.--There was no known Jewish community and no reports
of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law does not prohibit
discrimination against persons with physical or mental disabilities;
however, there were no reports of discrimination against such persons.
The law does not mandate access to buildings, transportation, or
services for persons with disabilities. Local NGOs that criticized the
Government in the past for not implementing accessibility programs for
such persons were not active during the year.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There is no law criminalizing
sexual orientation; however, there was societal discrimination based on
sexual orientation.

Other Societal Violence and Discrimination.--Persons with HIV/AIDS
were often rejected by their communities and shunned by their families.
However, there were no reports that workers were discriminated against
due to their HIV/AIDS status. As in the previous year, there were a
number of government-sponsored workshops and awareness campaigns to
reduce such discrimination. The Government also provided free AIDS
testing and distributed antiretroviral drugs to all recognized
patients.
Section 7. Worker Rights

a. The Right of Association.--The constitution and law allow
workers to form and join unions of their choice without previous
authorization or excessive requirements, and workers generally
exercised this right in practice. There were no reliable statistics
regarding the disposition of the country's workforce.
Only two unions existed in the very small formal wage sector: the
General Union of Workers and the National Organization of Workers of
Sao Tome and Principe. Both represented government workers, who
constituted the majority of formal sector wage earners, and members of
farmers' cooperatives. The law does not prohibit antiunion
discrimination.
The constitution provides for the freedom to strike, including by
government employees and other essential workers; however, the laws do
not prohibit retaliation against strikers. No strikes occurred during
the year. The provisions regulating strikes require that a majority is
needed to call a strike, and replacement workers can be hired without
consultation with the trade unions to perform essential services in the
event the enterprise is threatened by a strike. The law also requires
compulsory arbitration for services, including postal, banking, and
loan services.

b. The Right to Organize and Bargain Collectively.--The
constitution and law state that workers may organize and bargain
collectively; however, workers' collective bargaining rights remain
relatively weak due to the Government's role as the principal employer
in the formal wage sector and key interlocutor for organized labor on
all matters, including wages.
There were no laws prohibiting antiunion discrimination; however,
there were no reports such discrimination occurred.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and there were no
reports that such practices occurred. There is no evidence or
statistics of such forced labor.

d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws to protect children from exploitation in the formal
sector workplace, but they are utilized only rarely and on a case-by-
case basis.
Employers in the formal wage sector generally respected the legally
mandated minimum employment age of 18. The law prohibits minors from
working more than seven hours a day and 35 hours a week. Children
worked in subsistence agriculture on farms, informal commerce, and
domestic work. Children in low income families were sometimes sent to
work on local farms and boarded away from home. No cases of child labor
abuses were prosecuted, although the law states that employers of
underage workers can be fined. The Ministry of Health and Social
Affairs is responsible for enforcing child labor laws.
Unlike the previous year, there were no government initiatives
taken to prevent child labor; however, a media campaign against it
continued. The Ministry of Education mandated compulsory school
attendance from the fourth to the sixth grade, and the Government
granted some assistance to several low-income families to keep their
children in school. The Ministry of Labor utilized teams of labor
inspectors to increase inspections at work sites.

e. Acceptable Conditions of Work.--There is no national minimum
wage. The legal minimum wage for civil servants of 750,000 dobras ($42)
per month was not sufficient to provide a decent standard of living for
a worker and family. Working two or more jobs was common. The labor law
specifies occupations in which civil servants may work if they pursue a
second job. Civil servants in ``strategic sectors,'' such as the court
system, the ministries of finance, customs, and education, the Criminal
Investigation Police, and the military, earned up to 400 percent more
than other public sector employees.
Working conditions on many of the cocoa farms--the largest informal
wage sector--were unregulated and extremely harsh. The average salary
for agricultural workers did not provide a decent standard of living
for a worker and family, and the purchasing power of their pay was
further eroded by inflation.
The legal workweek is 40 hours, with 48 consecutive hours mandated
for rest. However, shopkeepers could work 48 hours a week with eight
hours of overtime or in shifts. The law provides for compensation for
overtime work.
The law prescribes basic occupational health and safety standards;
however, due to resource constraints, the Ministry of Justice and the
Ministry of Health and Social Affairs, which covers labor issues, did
not monitor labor conditions sufficiently, and enforcement of these
standards seldom occurred. Employees have the right to leave unsafe
working conditions, but none sought to do so, and enforcement of the
right was very limited.

__________

SENEGAL

Senegal, with an estimated population of 12.8 million, is a
moderately decentralized republic dominated by a strong executive
branch. In 2007 Abdoulaye Wade was reelected president in an election
generally viewed as free and fair despite sporadic incidents of
violence and intimidation. In 2007 the ruling Senegalese Democratic
Party (PDS) won the majority of seats in National Assembly elections
that were boycotted by the leading opposition parties. During the March
2009 local elections (municipal, regional, and rural communities), a
multiparty opposition coalition scored significant victories,
especially in the country's major cities. International observers
characterized the March 2009 elections as generally free and
transparent. Security forces reported to civilian authorities.
Major human rights problems included the following: inhuman and
degrading treatment of detainees and prisoners, including reports of
physical abuse and torture; overcrowded prisons; questionable
investigative detention and long pretrial detention; lack of an
independent judiciary; limits on freedoms of speech, press, and
assembly; corruption and impunity; rape, domestic violence, sexual
harassment of and discrimination against women; female genital
mutilation (FGM); child abuse; child marriage; infanticide; trafficking
in persons; and child labor.
Rebels associated with the Movement of Democratic Forces of the
Casamance (MFDC) killed civilians and military personnel, committed
robberies, fought with the army, and harassed local populations while
fighting each other.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings. However,
there was one report of an arbitrary killing by a security force
member.
On July 5, a park ranger stationed at the marine protected area of
Madeleine Island, off the coast of Dakar, shot and killed fisherman
Moustapha Sarr, who had allegedly violated regulations prohibiting
fishing in the marine reserve. The park ranger, Yaya Sonko, who shot
Sarr three times, was arrested and put in pretrial detention by a judge
on August 17. The case was pending at year's end.
The case against gendarme Gora Diop, who shot and killed Sangone
Mbaye in August 2009, remained pending at year's end.

b. Disappearance.--There were no reports of politically motivated
disappearances.
The Government did not take any action to resolve older cases of
disappearances (dating from 2002 and earlier), particularly in the
Casamance, that were linked to government security forces.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were occasional reports that government officials employed them.
Human rights groups noted examples of physical abuse committed by
security forces, including cruel and degrading treatment in prisons and
detention facilities. In particular they criticized strip-search and
other interrogation methods. Police reportedly forced detainees to
sleep on bare floors, directed bright lights at their pupils, beat them
with batons, and kept them in cells with minimal access to air. During
the year authorities took no action against police involved in these
abuses.
Human rights organizations highlighted the lack of supervision and
impunity with which security forces treated persons in police custody.
While abuses occurred, the Government claimed that these practices were
not widespread and that it usually launched formal investigations into
cases of abuse. However, the investigations were often lengthy and
rarely resulted in charges or indictments of suspects.
In a report issued in September, Amnesty International (AI) cited
several cases from 2009 and earlier of deaths that allegedly involved
torture while detainees were in police custody. AI noted that no arrest
or prosecution was made against members of security forces as the
Government refused to authorize such prosecution. In its response, the
Government acknowledged the existence of torture but noted that such
cases were isolated and not systematic and claimed that AI's report was
exaggerated. Other diplomatic and nongovernmental representatives
echoed this assessment, noting that while abuses did occur, they were
not systematic in scope.
On July 14, police in Yeumbeul, a suburb of Dakar, arrested
Abdoulaye Wade Yinghou during a demonstration protesting electricity
outages. Yinghou was not a demonstrator but had gone to purchase
poultry feed for his employer. He was chased by the police, arrested,
and taken to the local police station, where he managed to use his cell
phone to alert his employer. The police first denied having arrested
him but, on July 15, told his employer that Yinghou died of a seizure
while in custody. A postmortem indicated that Yinghou suffered a broken
cervical vertebrae, wounds from sharp instruments, and lung injuries;
his death resulted from heart failure. By year's end, no investigation
had been conducted or any arrest made. The African Assembly for Human
Rights (RADDHO) denounced Yinghou's death and echoed AI's report of at
least 10 deaths of detainees in police custody as a result of torture
in the last decade. RADDHO and AI noted that total impunity for
security forces continued to be the rule.
There were no further developments in the May 2009 death of
Julilson Niniken Vaz who died while in custody of gendarmes in Mbour,
allegedly from torture.
At year's end there was no new information on the November 2009
death of Abou Dia, who died in police custody in the city of Matam.
While police claimed that Dia hanged himself, the Government admitted
during the year that an autopsy revealed that he died of strangulation;
the Government claimed that an investigation was ongoing.
There were no further developments in the alleged cases of torture
by security forces reported by human rights organizations following a
2008 riot in the city of Kedougou. The court had dismissed allegations
of torture made by attorneys.
There were several cases of mob violence. Due to a weak judiciary
and widespread perception of impunity in the justice system, civilians
often administered punishment by beating presumed thieves before
transferring them to security forces. For example, on July 21, Prospere
Bassene was hit three times with a machete, tied up, and beaten to
death by local persons in the neighborhood of Goumel in Ziguinchor.
Bassene had robbed a local shop that night, and his gang had reportedly
committed several robberies and sexual abuses. As of year's end, no one
had been charged.

Prison and Detention Center Conditions.--Prison and detention
center conditions were poor, in part because no new prisons have been
built since the colonial era. The nongovernmental organization (NGO)
National Organization for Human Rights (ONDH) identified overcrowding
and lack of adequate sanitation as major problems. There were 37
prisons with a designed maximum capacity of 3,000 prisoners. However,
officials noted in December 2009 that there were 7,550 prisoners. Of
this population, 1,600 were non-Senegalese. A UN study group on
pretrial detention visited the country in September 2009 and found that
Dakar's main prison facility, known as ``Rebeuss,'' housed 1,592
inmates while its designed capacity was 800. The group criticized the
long pretrial detention, prolonged police custody beyond the legal time
limit, and detainees' lack of access to attorneys for 48 hours after
arrest.
According to ONDH, approximately 2,660 persons were held in prison
facilities in pretrial detention in 2009. There were an estimated 200
children being held with their mothers in prison.
Men and women were held in separate facilities. Authorities did not
permit prisoners and detainees to submit complaints to judicial
authorities without censorship or to request investigation of credible
allegations of inhumane conditions. Prisoners were generally allowed
reasonable access to visitors and were permitted religious observance.
Unlike the previous year, there were no reports of any deaths due
to mistreatment or poor conditions in prisons.
Local NGOs reported in 2009 that the rape of female prisoners was a
serious issue not addressed by government authorities. Unlike the
previous year, however, NGOs made no new reports of rape cases of
female prisoners.
In April 2009, A. Kebe, a prisoner serving a two-year sentence at
the prison of Diourbel, reportedly became pregnant while in custody;
however, after delivering her newborn in prison, she strangled the
child. The prosecutor opened an inquiry, but there were no further
developments by year's end.
Local NGOs reported that prisoner separation regulations were not
always enforced. Pretrial detainees were occasionally held with
convicted prisoners, and juveniles were occasionally held with adults.
Prisons lacked doctors and medicine. There was one mattress for
every five detainees. Prisons experienced drainage problems, stifling
heat, and were infested with insects; food was of low quality. Prisons
were usually tied into the local water supply, and prisoners had access
to potable water.
During the year the Government permitted prison visits by local
human rights groups. The ONDH visited prisons in Dakar, Sebikotane,
Koutal, and Louga. Members of the National Assembly and the Senegalese
League of Human Rights also conducted prison visits.
The ONDH noted that overcrowding and long pretrial detentions were
serious problems. In Louga, one prisoner had spent six years in
pretrial detention and did not have any idea when and where his
prosecution would be taking place. Prisoners at the Camp Penal in Dakar
complained about brutality by prison guards. One of them showed his
back, which was scarred by marks of burning and beating.
In September Abdoulaye Babou, chair of the Law Committee of the
National Assembly, and 10 other members of parliament visited the
prisons of Louga and Fatick. They made statements regretting cases of
long pretrial detention and stated that some members of the group who
are attorneys would represent detainees involved in the longest delayed
cases. They also noted the poor conditions of the prison in Fatick,
with bad hygiene, crumbling buildings, and overcrowding. They called on
the Government to increase prison budgets. Currently prisons are
allocated 500 CFA ($1.01) per prisoner per day; 450 CFA (91 cents) for
daily meals and 50 CFA (10 cents) for hygiene.
The parliamentary group also called on the Government to build a
new prison in Louga to replace the old warehouse used as a prison,
which they termed inappropriate and overcrowded. Each of the rooms in
the Louga prison held 20 to 30 prisoners. The Louga prison had 222
citizen prisoners, including 194 men, 11 women, 12 minors, and five
foreigners. The prison was officially restricted from receiving persons
sentenced to more than one year or hard labor, but this rule was not
respected.
Members of the International Committee of the Red Cross (ICRC) also
visited prisons in Dakar and Casamance where 15 MFDC members were held
on various criminal charges.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention. In contrast with previous
years, the Government generally observed these prohibitions, although
NGOs reported that police often forcibly dispersed unauthorized
marches, arbitrarily arrested individuals, and released them several
hours later.

Role of the Police and Security Apparatus.--Police and gendarmes
are responsible for maintaining law and order. The army shares that
responsibility in exceptional cases, such as during a state of
emergency. The police force includes 10 departments, which constitute
the Directorate General of National Safety. In each of the country's 14
regions, there is at least one police station and at least one mobile
safety brigade. Dakar has 16 police stations. The police force
effectively maintained law and order.
The gendarmerie is under the aegis of the Ministry of Defense and
primarily employed in rural areas where there is no police presence.
Impunity and corruption were pervasive problems. An amnesty law
covers police and other security personnel involved in ``political
crimes'' committed between 1983 and 2004, except those who committed
assassinations in ``cold blood.''
The Criminal Investigation Department (DIC) is in charge of
investigating police abuses. For example, in 2009 the DIC investigated
the case of journalists Boubacar Kambel Dieng and Karamoko Thioune, who
were beaten in 2008 by police special forces (BIP) unit personnel
following a soccer match in Dakar. On March 23, the media reported that
the Ministry of Interior finally authorized the judge to prosecute the
three suspected BIP officers. On November 26, the court found one of
the three officers, El Hadji Lamdou Dione, guilty and issued a
suspended sentence of one month in prison. He was also ordered to pay
750,000 CFA ($1,516) in damages to Dieng.

Arrest Procedures and Treatment While in Detention.--Although the
law specifies that warrants issued by judges are required for arrests,
in practice police often lacked warrants when detaining individuals.
The law grants police broad powers to detain prisoners for long periods
before filing formal charges. The DIC may hold persons up to 24 hours
before releasing them. Many detainees were not promptly informed of the
charges against them. Police officers, including DIC officials, may
double the detention period from 24 to 48 hours without charges, but
they must obtain authorization from the prosecutor. Investigators can
request that a prosecutor double this period to 96 hours. For cases
involving claimed threats to state security, the detention period can
be further doubled. Thus, someone accused of plotting to overthrow the
Government or undermining national defense can be held up to 192 hours.
The detention period does not formally begin until authorities
officially declare that an individual is being detained, a practice
human rights groups criticized for resulting in unjustly long detention
periods. Bail is rarely available. In the first 48 hours of detention,
the accused has no access to an attorney but has the right to a medical
exam and possibly access to family; however, family access was not
generally allowed. The accused has the right to an attorney, and
attorneys should be provided at public expense to all criminal
defendants who cannot afford one, after the initial period of
detention. A number of NGOs also provided legal assistance or
counseling to those charged with crimes.
The Government used security forces, especially the DIC, to harass
journalists and arrest political opponents and civil society leaders
(see section 2.a.).
Judicial backlogs and absenteeism of judges contributed to long
pretrial detention. The law states that an accused person may not be
held in pretrial detention for more than six months for minor crimes;
however, persons were routinely held in custody until a court demanded
their release. Despite the six-month limit on detention for most
crimes, the average time between charging and trial was two years. In
many cases, persons are freed without charges being filed. In such
circumstances, the state paid no compensation. In 2009 a UN study group
on pretrial detention criticized the country for its use of long
pretrial detention.
In cases involving murder, threats to state security, and
embezzlement of public funds, there are no limits on the length of
pretrial detention. Judges are allowed the time necessary to
investigate these more serious cases but with the prosecutor's consent
may order release pending trial. If a prosecutor opposes release, the
order is frozen until an appeals court decides whether to grant
release. By law the prosecutor has total discretion to deny provisional
release pending trial for cases involving threats to state security,
murder, and embezzlement of public funds. However, since judges lacked
sufficient time to review all cases, orders to extend detention were
often signed without consideration of the facts to avoid releasing
potentially guilty detainees.

e. Denial of Fair Public Trial.--Although the constitution and law
provide for an independent judiciary, the judiciary was subject to
corruption and government influence.
Magistrates continued publicly to criticize their working
conditions, including overwhelming case loads, lack of adequate space
and office equipment, and inadequate transportation. Magistrates also
openly questioned the Government's commitment to judicial independence.
Besides the formal civil court system, some citizens relied on
traditional leaders to settle family and community disputes.
The Regional Court of Dakar includes a military tribunal, which has
jurisdiction over crimes that are military in nature. The tribunal is
composed of a civilian judge, a civilian prosecutor, and two military
assistants to advise the judge, one of whom must be of equal rank to
the defendant. The tribunal may try civilians only if they were
involved with military personnel who violated military law. The
military tribunal provides the same rights as a civilian criminal
court.

Trial Procedures.--Defendants are presumed innocent. All defendants
have the right to a public trial, to be present in court, to confront
witnesses, to present evidence and witnesses, and to have an attorney,
at public expense if needed, in felony cases.
Evidentiary hearings may be closed to the public and the press.
Although the defendant and counsel may introduce evidence before the
investigating judge who decides to refer a case for trial, they do not
always have access to all evidence against a defendant presented prior
to trial. Access to evidence may be limited by police or prosecutors. A
panel of judges presides over ordinary courts in civil and criminal
cases since a law passed in July eliminated trials by jury. The right
of appeal exists in all courts, except for the High Court of Justice.
These rights extend to all citizens.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--Citizens may seek
cessation of and reparation for human rights violations in regular
administrative or judicial courts. Administrative remedies also can be
sought by filing a complaint with the High Commission for Peace and
Human Rights in the Office of the President. However, corruption and
lack of independence hampered judicial and administrative handling of
these cases. At times prosecutors refused to prosecute security
officials, and violators often went unpunished. In addition there were
problems in enforcing court orders, since the Government can ignore
court orders without legal consequences.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice;
however, human rights organizations stated that illegal telephone
monitoring by security services was common practice.

g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
The level of violence increased during the year in the Casamance
region. There were several instances of combat between MFDC and army
soldiers, as well as between MFDC factions. The army conducted several
sweeps near the regional capital Ziguinchor and in the area of
Oulampane in northern Casamance. At least 13 soldiers died in suspected
MFDC attacks between February and December. The number of casualties on
the MFDC side was unknown.
Despite continued armed conflict, there were fewer civilian victims
of violence in the Casamance during the year. No civilian land mine-
related deaths were noted during the year, indicating that awareness
campaigns about land mines have been effective. Handicap International
continued working under the supervision and coordination of the
National Mine Action Center, a government organization.
One civilian was killed by alleged members of MFDC. On January 10,
Ibrahima Correa was shot and killed by alleged MFDC members in the
village of Bindaba. Correa was reportedly going to his rice field when
gunmen opened fire. As of year's end, no arrest had been made.
The land mine office in Casamance reported two land mine accidents
during the year in which two soldiers were injured.
In June there were reports that soldiers beat civilians in the town
of Oulampane to force them to provide information about movements of
MFDC rebels operating in the area. As of year's end, no action had been
taken against the soldiers.
MFDC rebels committed several highway robberies in the Casamance
but, unlike the previous year, no civilian was killed in MFDC
robberies.
On May 7, alleged members of the MFDC shot and killed an unarmed
soldier in plain clothes near Emaye, in the rural community of
Santhiaba Manjack. No arrest had been made by year's end.
On July 18, near Kaguitte in southern Casamance, alleged MFDC
members committed highway robberies. While being pursued by soldiers in
the area, they shot and killed one soldier. No arrest had been made by
year's end.
On October 31, on National Road 4 between the villages of Badioure
and Diaran near Bignona, a group of approximately 40 suspected MFDC
members fired on an army truck. Three soldiers were killed and two
injured. The soldiers were being deployed to provide security on the
road, where several car robberies had taken place. No arrests had been
made by year's end.
On December 26, suspected MFDC rebels attacked a military convoy in
the Bignona area, injuring two soldiers who later died from their
injuries. The following day suspected MFDC rebels ambushed another
military patrol in Bignona, killing six soldiers.
On January 18, between Etafoune and Kaguitte, heavily armed gunmen
(suspected MFDC members) stopped and robbed operators or passengers of
a vehicle, three motorcycles, one bicycle, and passers-by, stealing
several cell phones and an unspecified sum of money. As of year's end,
no one had been charged for the crimes.
On March 1, between the villages of Mmpalago and Silinkine in
northern Casamance, armed men (suspected MFDC members) stopped several
cars, took all valuables from the passengers and later fled with one of
the vehicles, which belonged to the president of the Region of
Ziguinchor. As of year's end, the vehicle had not been recovered or
anyone charged with the crime.
On September 3, several vehicles were stopped by alleged members of
MFDC between Sare Tening and Sinthian Tening. Passengers were robbed of
their cell phones and money. No arrests had been made by year's end.
There were no further developments in the following 2009 cases: the
June 7 killing of three persons in an MFDC car hijacking near the
village of Kawane in northern Casamance; the June 9 killing of Youssouf
Sambou (``Rambo'') , a former warlord in the MFDC; and the October 2
MFDC killing of six soldiers trying to free their vehicle from mud in
the Sedhiou area.
Of as many as possibly 40,000 persons internally displaced due to
the Casamance conflict, the ICRC estimated that 10,000 internally
displaced persons (IDPs) continued to live in Ziguinchor, including 370
persons from the nearby village of Baraf, which experienced heavy
fighting between the army and MFDC in September 2009 (see section
2.d.).
Section 2. Respect for Civil Liberties, Including:
Freedom of Speech and Press--The constitution and law provide for
freedom of speech and of the press; however, the Government limited
these rights in practice, and security forces and politicians
intimidated or harassed journalists during the year. Journalists also
practiced self-censorship.
Individuals could generally criticize the Government publicly or
privately without reprisals.
There were a large number of independent and three government-
affiliated newspapers. Due to high illiteracy rates, radio was the most
important medium of mass information and source of news.
There were approximately 80 community, public, and private
commercial radio stations. Although an administrative law is in place
to regulate radio frequency assignments, community radio operators
claimed there was a lack of transparency in the allocation of
frequencies. Radio stations were occasionally controlled by a single
religious, political, or ethnic group.
Although the Government continued to maintain a firm grip on
locally televised information and opinion through Radio Television
Senegal (RTS), four privately owned television channels broadcast
during the year. By law the Government must hold a majority interest in
RTS, and the president directly or indirectly controlled selection of
all members of the 12-person RTS executive staff. Several human rights
and journalist groups criticized the ability of some religious leaders
to broadcast on government-controlled television and radio without
charge, while other groups were obliged to pay.
Government failure to enforce regulations on establishing media
outlets and government-provided media assistance resulted in an
increase of unprofessional and politicized media. Journalists and human
rights groups maintained that some media outlets, such as the daily
newspapers Express News and Le Messager, and radio stations Ocean FM,
Anur, and Radio Municipale de Dakar, were created solely to refute
antigovernment criticism.
Journalists continued to criticize government efforts to control
media content by selectively granting or withholding state subsidies,
which were routinely given to both government-affiliated and private
independent media. The Government frequently used subsidies, and in a
few cases threats and intimidation, to pressure the media not to
publicize certain issues.
The international media were active and expressed a wide variety of
views without restriction.
The Government continued to perceive some media organizations as a
threat, and during the year journalists were detained for several hours
by the DIC. The police often pressured journalists who reported
government scandals, waste, or fraud to reveal their sources. The law
allows police to arrest and imprison journalists for libel.
On August 26, a Dakar court declared Abdourakhmane Diallo, director
of Express News, guilty of defaming Pape Samba Mboup, chief of staff to
the president. An unsigned article published in Diallo's newspaper had
called Mboup an alcoholic and political mercenary. Some observers
speculated that the article resulted from a political rivalry between
Mboup and another government minister. The court sentenced Diallo to
six months' imprisonment and fined his publication 20 million CFA
($40,444). Diallo, who was tried in absentia, had not been detained by
year's end.
On September 14, Abdou Latif Coulibaly, an investigative journalist
and director of publication for weekly magazine La Gazette, was tried
for libel in a Dakar court for defaming Thierno Ousmane Sy, a special
adviser on telecommunications licensing to the president. Coulibaly's
magazine quoted Sy in an article alleging that Sudanese telecom company
Sudatel paid $40 million to bribe Senegalese and foreign lobbyists in
2007 to obtain a cell phone license. Sy was not prosecuted for any of
the alleged bribes, as the Government required that the journalist
first identify his sources and information, which Coulibaly did not do.
On November 16, Abdou Latif Coulibaly and two of the journalists who
worked with him on La Gazette, were fined 20 million CFA ($40,444) and
given one-month suspended jail sentences.
The September 2009 libel case against journalists Abdou Dia and
Pape Samba Sene was dropped because the governor decided not to seek
reparation. The judge, in consultation with the prosecutor, decided
therefore to close the case.
There were no further developments in the September 2009 vandalism
of the premises of the independent television station Wal Fadjri.

Internet Freedom.--There were no government restrictions on access
to the Internet, or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
There are three principle Internet service providers in the country.
The number of Internet service subscriptions is growing by
approximately 28 percent annually, having reached 59,745 accounts by
December 2009. According to the country's Agency for the Regulation of
Telecommunications and Mail, this figure represented a market
penetration rate of 0.49 percent. Cyber cafes were numerous in Dakar
and often found in provincial centers. According to the International
Telecommunication Union's statistics for 2008, approximately 8 percent
of the country's inhabitants used the Internet.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--Although the constitution and law provide for freedom of
assembly, the Government interfered with this right in practice. During
the year the Government repeatedly denied public permits for civil
society and political opposition demonstrations. Opposition groups
complained of undue delays when waiting for a government response to
authorization requests.
On April 3, the prefect of Dakar banned a demonstration by
opposition parties protesting the erection of the costly Monument of
the African Renaissance. Faced with increasing pressure from opposition
parties, the Government authorized the demonstration at the last moment
but limited the organizers to an itinerary different than they sought.
On May 22, gendarmes dispersed demonstrators protesting the
erection of buildings near a lake in the Hann neighborhood of Dakar.
Demonstrators found refuge in a mosque. Local authorities had not
authorized the demonstration.

Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right in practice.

c. Freedom of Religion.--For a description of religious freedom,
please see the Department of State's 2010 International Religious
Freedom Report at www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice.
The Government generally cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, asylum seekers, and stateless persons.
Some public employees, including teachers, are required by law to
obtain government approval before departing the country; however, this
law was not generally enforced.
The constitution and law prohibit forced exile, and the Government
did not employ it.

Internally Displaced Persons (IDPs).--During the 28-year-old
Casamance conflict, tens of thousands of persons left villages in the
region due to fighting, forced removal, and land mines. Many persons
reportedly became newly displaced during the year. The Government
estimated that approximately 10,000 IDPs are in the Casamance, although
this number tended to fluctuate with the progress of the conflict. Some
international humanitarian assistance agencies estimated the IDP number
to be as high as 40,000. Some IDPs who attempted to return to their
villages in rural communities south of Ziguinchor met with hostility
from MFDC combatants, who survived on the same natural resources as
returning IDPs.
The Government supplied food to and enrolled children of IDPs in
local schools in Ziguinchor. During the year the ICRC and the
Government provided support to IDPs from the village of Baraf who fled
to the regional capital, Ziguinchor, after being threatened by MFDC
rebels.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees. Since the
president must approve each case, delays of one to two years in
granting refugee status remained a problem. In practice the Government
provided some protection against the expulsion or return of refugees to
countries where their lives or freedom would be threatened on account
of their race, religion, nationality, membership in a particular social
group, or political opinion. The Government generally granted refugee
status or asylum and provided refugees with food and nonfood
assistance.
The Government violated the rights of some asylum seekers by not
offering them due process or security, since appeals filed by denied
asylum seekers were examined by the same committee that examined their
original case, and a denied asylum seeker can be arrested for staying
illegally in the country. Those arrested sometimes remained in
``administrative detention'' for up to three months before being
deported. According to the UNHCR, at the end of 2009, there were 2,796
asylum seekers in the country.
Since 1989 the country has offered temporary protection to
Mauritanian refugees, who generally lived in dispersed locations in the
river valley along the Mauritanian border and enjoyed free movement
within the country. However, most refugees could not obtain refugee
documents from authorities and sometimes encountered administrative
difficulties when using their expired refugee application receipts.
Following discussion with UNHCR, the Government agreed to issue
identification cards, but the process had not started by year's end. In
2008 UNHCR began a repatriation program of Afro-Mauritanians to
Mauritania. According to UNHCR, an estimated 34,000 Afro-Mauritanians
were registered for voluntary repatriation and, by December 2009
approximately 19,000 had been repatriated. Repatriations were
temporarily stopped in January due to the internal sociopolitical
situation in Mauritania but resumed on October 19. Approximately 1,400
refugees were repatriated between October 19 and the end of December.
During the year 67 Liberians, 57 Ivoirians, one Ghanaian, one
Togolese, and 449 nationals from other countries registered with UNHCR.
Some 15,000 Senegalese from the Casamance have sought refuge in Gambia
(7,000) and Guinea Bissau (8,000) over the years. The Government
continued to permit generally unsupervised and largely informal
repatriation of Casamance refugees.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens generally exercised this
right in practice through periodic, free, and fair elections based on
universal suffrage as demonstrated in the 2007 presidential and
legislative elections. Military and paramilitary forces were allowed to
vote for the first time in 2009.

Elections and Political Participation.--In 2007 President Wade was
reelected to a second term with approximately 55 percent of the vote.
International observers declared the voting to be generally free and
fair; however, there was pre-election violence and irregularities,
especially in the issuance of voter cards, and many opposition parties
did not accept the election results. The parties petitioned the
Constitutional Council to void the election; however, the council
rejected their petition.
In the 2007 legislative election, President Wade's PDS coalition
won 131 of 150 National Assembly seats. International observers
declared the elections to be generally free and fair. Because
opposition parties, organized under the umbrella coalition ``Front
Siggil Senegal,'' boycotted the elections, the turnout of 34.7 percent
was historically low. In the 2007 indirect elections for the Senate,
local officials and members of parliament chose PDS candidates for 34
of the 35 contested seats. The remaining 65 Senate seats were filled by
the president. The main opposition parties boycotted the Senate
elections, since the president appoints the majority of Senate seats.
The 150 registered political parties operated without restriction
or outside interference.
At year's end, there were 37 women in the 150-seat National
Assembly and 12 women in the 42-member cabinet. Only 13 percent of
locally elected leaders were women. The 100-member Senate included 40
women.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
there were officials who engaged in corrupt practices with impunity.
Public officials were subject to financial disclosure laws only in
cases of investigations. The president is the only official required by
law to disclose assets at the beginning of his or her term.
The World Bank's 2009 Worldwide Governance Indicators reflected
that corruption was a serious problem, and there was widespread public
perception of government corruption. Officials granting themselves,
members of the National Assembly, and civil servants salary increases,
vehicles, and land over the previous few years exacerbated the
perception.
Impunity and corruption among police were pervasive problems.
According to human rights groups, attorneys, and victims, security
forces regularly extorted money from detainees in exchange for release
and from prostitutes to overlook noncompliance with prostitution
regulations.
The National Commission to Fight Nontransparency, Corruption, and
Government Fraud had no authority to investigate or to prosecute. It
remained inefficient in fighting corruption and prosecuted no
government officials for the crime. Despite recurrent allegations of
corruption in the media, the commission and the judiciary undertook no
investigations.
On March 10, Daniel G. Seck, director of the National Agency for
Telecommunications and Postal Services, was arrested for mismanagement
of public funds after having made payments to himself and senior
members of the Agency's Council, which the Government considered
illegal. On March 16, he was freed on bail but the case remained
pending at year's end. Several civil society leaders accused the
Government of using Seck as a scapegoat and denounced the prosecution
as selective, since colleagues of Seck who also received payments were
not charged.
During the year the Government began active implementation of a
more transparent bidding process through the Agency for the Regulation
of Public Tendering (ARMP). The ARMP now monitors not only government
agencies' compliance with bidding laws and procedures, but also
conducts technical audits that examine the costs and quality of the
work and services provided through public tendering. For example, the
ARMP audited the bidding practices of several government entities and
ruled in favor of several private companies that had filed grievances
after submitting losing bids. In September the ARMP suspended a
telecommunications contract, but the president subsequently issued a
decree that appeared to exempt purchases by the presidency and some
ministries.
The constitution and law provide citizens the right to access
government information freely; however, the Government rarely provided
access in practice.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were somewhat cooperative and responsive to their findings. However,
some human rights organizations alleged that their telephones were
regularly tapped during the year.
Local independent NGOs included Tostan, the Committee to Combat
Violence against Women and Children (CLVF), ONDH, RADDHO, Terre des
Hommes International Federation, and Plan International Senegal.
The Government's National Committee on Human Rights (NCHR) includes
government representatives, civil society groups, and independent human
rights organizations. The NCHR has authority to investigate abuses;
however, it lacked credibility since it was poorly funded, did not meet
regularly, did not conduct investigations, and last released its annual
report in 2001.
According to the NCHR, the Government met regularly with civil
society and human rights NGOs to discuss topics including
discrimination (racial, gender, and religious), migration, and domestic
violence. The Government was somewhat responsive to NGO inquiries and
held meetings with them to discuss human rights issues such as torture,
domestic violence, and the case against former Chadian dictator Hissene
Habre.
In 2008 the National Assembly and the Senate jointly amended the
constitution to allow retroactive prosecution of genocide and crimes
against humanity. These legal provisions lifted the last obstacles to
the prosecution of Hissene Habre, who has lived in exile in the country
for 20 years, on charges of torture and crimes against humanity.
However, the Government continued to argue that Habre's prosecution
could not take place without international donor funding. Donors worked
with the Government to formulate a feasible budget and, on November 24,
pledged approximately$11,350,000 to finance the trial. The African
Union (AU) agreed to provide one million dollars to begin the trial.
On June 24, the Court of Justice of the Economic Community of West
African States (ECOWAS) examined charges brought by Habre's lawyers
against Senegal. The lawyers argued that Senegal made its criminal laws
retroactive for the sole purpose of prosecuting Habre and thus had
violated his rights. The AU and the EU urged that the trial should
proceed despite the ECOWAS' hearings.
Death threats against leaders of opposition political parties,
unions, journalists, NGOs, and senior officials were common and
generally were believed to originate in circles close to the ruling
party.
Although the Government did not prevent visits by international
organizations, no such visits were reported during the year.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides that men and women are equal under the
law and prohibits all forms of discrimination. However, gender
discrimination was widespread in practice, and antidiscrimination laws,
in particular laws against violence against women and children, often
were not enforced.
On May 14, the National Assembly passed a law on parity that
provides women equal access to all elected assemblies and management
boards of totally or partially owned government companies.

Women.--Rape was a widespread problem. Spousal rape remained
difficult to quantify since it was a taboo subject and seldom reported.
The law prohibits rape, but not spousal rape; however, the Government
rarely enforced the law. Penalties against rape range from five to 10
years' imprisonment. A women's rights NGO criticized the lack of rape
shield laws; the law now allows the common practice of using a woman's
sexual history to defend men accused of rape. Prosecutions for rape
remained minimal since judges seldom had sufficient evidence that rape
occurred, especially when rape happened within a family. It was common
to settle rape cases out of court to avoid the publicity and costs
associated with prosecution. The Ministry of Justice estimated in 2009
that 47 percent of accused rapists go unpunished and are released
without going to trial. According to a journalists' NGO, there were 400
documented cases of rape and sexual abuse in 2009. However, almost 60
percent of persons committing incest and rape were never brought to
justice because of familial ties to the survivor.
One successful prosecution involved 67-year-old Mody Cissoko, who
raped his 13-year-old step-granddaughter on August 16 in the village of
Keur Massar, a suburb of Dakar. He was arrested and, on October 14, was
sentenced to 10 years in prison and fined one million CFA ($2,022).
On August 26, journalist Pape Amadou Gaye, editor in chief of
Courrier du Jour, was sentenced to two years' imprisonment and a fine
of two million CFA ($4,044) for raping his female employee. The rape
took place at the newspaper's headquarters in 2006.
There were no further developments in the following 2009 rape
cases: the March rape of a hotel employee, allegedly by her French
manager; and the October rape of a 70-year-old woman by a serial
rapist.
Domestic violence, including spousal abuse, was a widespread
problem. The Ministry of Justice is responsible for combating domestic
violence. In September the Government created a Ministry of Human
Rights, a junior ministry within the Ministry of Justice, tasked with
preventing and monitoring all forms of human rights violations,
including trafficking and violence against women and children. The
ministry offered advice to victims on litigation, assisted with out-of-
court settlements, conducted awareness campaigns, and offered an
alternative means to file grievances for victims choosing not to pursue
a court case. Several women's groups and the NGO CLVF reported a rise
in violence against women during the year. The CLVF reported that
domestic violence cases accounted for 65 percent of all reported cases
of violence against women in 2009.
Violence against women is against the law, but the law was not
enforced. The law criminalizes assaults and provides for a punishment
of one to five years in prison and a fine. If the victim is a woman,
the prison term and fine are both increased. Domestic violence that
causes lasting injuries is punishable with a prison sentence of 10 to
20 years; if an act of domestic violence causes death, the law
prescribes life imprisonment. The CLVF criticized the failure of some
judges to apply the law, citing cases where judges claimed lack of
adequate evidence as a reason to issue lenient sentences. CLVF also
noted that the Government authorized civil society organizations to
represent victims of trafficking in civil cases but continued to deny
them the right to do so in rape cases. The media reported several cases
of incest. Domestic violence against women is punishable by one to 10
years in prison and fines ranging from 30,000 CFA ($60) to 500,000 CFA
($1,011), depending on the degree of maltreatment. When violence leads
to death, the perpetrators are imprisoned for life with forced labor
Police usually did not intervene in domestic disputes, and most victims
were reluctant to go outside the family for redress. There were no
statistics available on the number of abusers prosecuted under the law.
Close, older family members often committed rape and pedophilia within
the household, making it difficult for victims to file lawsuits.
Organizations combating violence criticized the Government's
failure to permit associations to bring suit on behalf of victims. The
Ministry of Women, Family, Social Development, and Women's
Entrepreneurship was responsible for ensuring the rights of women.
According to the media, the Government-run Ginddi Center has since
March 2009 provided shelter to 109 women and girls who were victims of
rape or early marriage (including a case of incest and a case of an 11-
year-old girl who was raped and became pregnant). In 2009, 10 women in
the Louga area died from domestic violence according to the CLVF local
branch in Louga.
There were instances of sex tourism. For example, there were
reports of European tourists in the Saly district of Mbour who sought
these services.
The law mandates prison terms of five months to three years and
fines of 50,000 to 500,000 CFA ($101 to $1,011) for sexual harassment;
however, the practice was common. The Government did not effectively
enforce the law, and women's rights groups claimed victims of sexual
harassment found it difficult, if not impossible, to present sufficient
proof to secure prosecutions.
The law provides for the right of all individuals to be informed
about and to choose methods for spacing births. It also provides for
the right to medical services for all women during pregnancy and to a
safe delivery. The law considers the right to reproductive health to be
a ``fundamental and universal right guaranteed to all individuals
without discrimination.'' The law further provides that ``all couples
and individuals have the right to freely decide to have children, to
determine the number of children they wish, and the spacing of these
children.''
In practice poor medical facilities constrained these rights,
particularly in rural areas and in some urban areas where lack of funds
led to closing maternity wards and operating rooms. According to the
Population Reference Bureau, approximately 51 percent of births were
attended by skilled personnel. According to the UN Population Fund
(UNFPA), the maternal mortality ratio (the ratio of the number of
maternal deaths per 100,000 live births) was 410 in 2008. Social and
cultural pressures to have large families reportedly led some husbands
to ask health workers to terminate the use of contraceptives by their
spouses. This reportedly led women to be discreet in the use of
contraception. UNFPA estimated that 12 percent of all girls and women
between the ages of 15 and 45 used some form of contraception. Men and
women were diagnosed and treated equally for sexually transmitted
diseases, including HIV. Women did not have difficulty being diagnosed
for HIV or receiving antiretroviral treatment where available.
Under national law, women have the right to choose when and whom
they marry, but traditional practices restricted a woman's choice. The
law prohibits marriage for girls younger than 16, although this law was
not enforced in some communities where marriages were arranged. Under
certain conditions, a judge may grant a special dispensation for
marriage to a person below the age of consent. Women typically married
young, usually by the age of 16 in rural areas.
Women faced pervasive discrimination, especially in rural areas
where traditional customs, including polygyny and discriminatory rules
of inheritance, were strongest. The law requires a woman's approval of
a polygynous union, but once in such a union, a woman neither needed be
notified nor to give prior consent if the man took another wife.
Approximately 50 percent of marriages were polygynous. Although
protected under the law, marriage rights were not enforced due to
sociocultural pressures and judicial reluctance to enforce the law.
The family code's definition of paternal rights remained an
obstacle to equality between men and women, as men are considered the
head of household and women cannot take legal responsibility for their
children. Women can become the legal head of household only when the
father formally renounces his authority before the administration. This
makes it particularly difficult for the 20 percent of families that
women supported and led. However, it was possible for women to take
charge of their children and husband, if he was medically unable to do
so. Problems in traditional practices also made it difficult for women
to purchase property in rural areas.
Men and women have equal rights to apply for a job. Women
represented 52 percent of the population, but they performed 90 percent
of domestic work and 85 percent of agricultural work.

Children.--Citizenship is acquired by birth or naturalization; only
the father can transmit nationality. Children are not registered at
birth unless a parent requests it be done, but failure to do so does
not result in the denial of public service. In many rural areas,
parents seldom registered births. The process of registering births
only required a local judge to make a ruling based on oral testimonies.
According to the National Agency for Statistics, as of July,
approximately 20 percent of children were not registered at birth in
the Dakar region, and the figures were even higher in rural areas. For
example, in the regions of Diourbel and Tambacounda, 67 percent of
children were not registered.
The law provides for tuition-free education through the compulsory
ages of six to 16; however, many children did not attend school due to
lack of resources or available facilities. Students must pay for their
own books, uniforms, and other school supplies. The historical gap in
enrollment levels between boys and girls has been closed, and during
the year there were more girls than boys enrolled in elementary
education.
Girls encountered greater difficulties in continuing in school,
however. When families could not afford for all their children to
attend school, parents tended to remove daughters rather than sons from
school. As in neighboring countries, sexual harassment by school staff
and early pregnancy were also likely causes of the departure of girls
from school. In 2008 only 25 percent of women and girls over 15 years
of age were literate, compared with 42 percent of boys and men. During
the year, 44.1 percent of boys were enrolled in secondary education
compared with 38.5 percent of girls.
Child abuse was common. Poorly dressed, barefoot young boys, known
as talibes, begged on street corners for food or money for themselves
and their Qur'anic teachers, known as marabouts. Many of these children
were exploited by their teachers and exposed to dangers. Physical abuse
of talibes was widely reported. A 2008 joint study by the UN Children's
Fund (UNICEF), the International Labor Organization (ILO), the World
Bank, and a newly created NGO, the Partnership for the Withdrawal and
Reinsertion of Street Children, identified an estimated 7,800 child
beggars in the Dakar area. A report issued by Human Rights Watch in
April estimated there were 50,000 child beggars in the country. Most
were approximately 10 years old, although some as young as two years
old were reported. In general they were undernourished and prone to
sickness. Since they begged full time, they devoted almost no time to
Qur'anic studies. They were forced to give the proceeds of their
begging to their teachers. Each child was expected to collect an
average of 400 CFA ($0.80) per day.
During the year the Government began to enforce laws banning
begging, and several Qur'anic school teachers were prosecuted for abuse
and exploiting children for begging. For example, on June 29, Qur'anic
school teacher Souleymane Ndiaye was sentenced to one year's
imprisonment for mistreating two of his young students. He had severely
beaten them, causing wounds on their backs, because the children had
failed to meet his daily begging income quota.
On September 8, seven Qur'anic teachers were sentenced to six
months' imprisonment with a suspended sentence and five years
probation, and each one was fined 100,000 CFA ($202). On September 13,
two additional marabouts were sentenced to one month of imprisonment
and five years probation.
The law punishes sexual abusers of children with five to 10 years'
imprisonment. If the offender is a family member, however, the
punishment is 10 years' imprisonment. Any offense against the decency
of a child is punishable by imprisonment for two to five years and in
certain aggravated cases up to 10 years. Procuring a minor for
prostitution is punishable by imprisonment for two to five years and a
fine of 300,000 to four million CFA ($606 to $8,088). If the crime
involves a victim younger than 13, the maximum penalty is applied.
However, the law was not effectively enforced in general.
Rape of children was a problem. The director charged with
protection of children's rights reported an estimated 400 cases of rape
during 2006-07; however, this figure greatly underestimated the
reality. No recent data was available.
During the year the Regional Child Protection Service of Sedhiou
reported that 144 students became pregnant in the last two years,
allegedly after having sex with their teachers. While details on
individual cases were unavailable, the unequal power relationship
between teachers and student suggests that most cases involved at least
some element of coercion or even force. Local academic authorities
estimated that teachers were responsible for 40 per cent of students'
pregnancies in the area.
On June 15, Imam Serigne Seck Ndiaye from Medina in Rufisque was
accused of pedophilia and sodomy of S. Dia, a 15-year-old boy. The imam
was arrested but, on August 6, charges were dropped by a judge for lack
of sufficient evidence, despite media and investigative reports to the
contrary.
On September 8, Mamadou Danfakha was arrested for rape, pedophilia,
and sodomy of several children between five and 11 in the area of
Guediawaye. Danfakha confessed that he did not know the exact number of
his victims but was able to identify five of them. However, only two
families agreed to press charges while the others refrained for fear of
humiliation. In October Danfakha was sentenced to 10 years in prison
for the rapes of an eight-year-old boy and a 10-year-old boy.
On September 27, a nine-year-old Qur'anic school student was raped
by a man who escaped without being identified. Four other cases of
rapes of Qur'anic students were reported in the same area during the
year. No arrests had been made for any of these rapes by year's end.
In February Ibrahim Ly was sentenced to seven years in prison for
the April 2009 rape of his 14-year-old niece, which resulted in her
pregnancy.
Due to social pressures and fear of embarrassment, incest remained
taboo and often went unreported and unpunished. A women's rights NGO
stated that, of all cases of violence committed against girls, paternal
incest was increasing the fastest.
Female genital mutilation (FGM) was practiced widely throughout the
country, but Tostan and UNICEF stated efforts to curtail the practice
continued to have a significant effect. Some girls were as young as one
year old when FGM was performed on them. Almost all women in the
country's northern Fouta region were FGM victims, as were 60 to 70
percent of women in the South and Southeast. Sealing, one of the most
extreme and dangerous forms of FGM, was sometimes practiced by the
Toucouleur, Mandinka, Soninke, Peul, and Bambara ethnicities,
particularly in rural and some urban areas. The most recent figures
from UNICEF estimated that from 1997 to 2007, approximately 28 percent
of women between the ages of 15 and 49 had been subjected to FGM, and
20 percent of these women were estimated to have at least one daughter
who had been subjected to FGM.
FGM is a criminal offense under the law, carrying a prison sentence
of six months to five years for those directly practicing it or
ordering it to be carried out on a third person. However, many persons
still practiced FGM openly and with impunity. The Government prosecuted
those caught engaging in the practice and sought to end FGM by
collaborating with Tostan and other groups to educate persons about its
inherent dangers.
Tostan reported that 4,183 out of an estimated 5,000 communities
had formally abandoned the practice by year's end. According to Tostan,
the movement to abandon FGM accelerated, with 70 percent of previously
FGM-practicing communities in the country ending the harmful practice.
The Government adopted the Tostan model and approach to eradicating
FGM. Tostan was working with 522 villages and aimed to end FGM
completely by 2015.
Officials from the Ministry of Women, Family, Social Development,
and Women's Entrepreneurship and women's rights groups stated that
child marriage was a significant problem in parts of the country,
particularly in rural areas, although child marriage is against the
law. Girls, sometimes as young as nine, were married to older men due
to religious, economic, and cultural reasons.
Women's rights groups highlighted infanticide, usually due to
poverty or embarrassment, as a continuing problem. Domestic workers or
women from villages working in cities who became pregnant sometimes
killed their babies since they could not care for them. Others, who
were married to men working outside the country, killed their infants
out of shame. In some cases, the families of the women shamed them into
killing their own babies. Methods ranged from burying them alive,
putting them in septic tanks, or simply abandoning them along the road.
When the identity of the mother was discovered, the police arrested and
prosecuted her.
Many children displaced by the Casamance conflict often lived with
extended family members, neighbors, in children's homes, or on the
streets. The Government lacked adequate resources to support these
children effectively. According to NGOs in Casamance, displaced
children suffered from the psychological effects of conflict,
malnutrition, and poor health.
While prostitution is legal, procuring a minor for prostitution is
punishable by imprisonment for two to five years and a fine of 300,000
to four million CFA ($606 to $8,088).
Pornography is prohibited and pornography involving children under
the age of 16 is considered pedophilia. Sentences for pedophilia range
from five to 10 years' imprisonment. The maximum penalty is applied if
the perpetrator is a parent or has authority over the minor.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international child abduction, please see the Department of State's
annual report on compliance at http://www.travel.state.gov/abduction/
resources/congressreport/congressreport--4308.html.

Anti-Semitism.--There were approximately 50 resident Jews in the
country; there were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip

Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, and the provision of other state services, and the
Government somewhat effectively enforced it. The law also mandates
accessibility for persons with disabilities; however, there was a lack
of infrastructure to assist them. The Ministry of National Solidarity
is responsible for protecting the rights of persons with disabilities.
The law reserves 15 percent of new civil service positions for
persons with disabilities. However, according to the Senegalese
National Association of People with Physical Disabilities, as of year's
end, the Government had not issued an executive decree required to make
the law operational. The Government operated schools for children with
disabilities, provided grants for persons with disabilities to receive
vocational training, and managed regional centers for persons with
disabilities to receive training and funding for establishing
businesses.
Several government programs that appeared to be earmarked for
persons with disabilities offered services to other vulnerable
populations, reducing resources for persons with disabilities. Due to a
lack of special education training for teachers and facilities
accessible to children with disabilities, only 40 percent of such
children were enrolled in primary school.
On May 26, the National Assembly passed a law to protect the rights
of persons with disabilities. The law offers more possibilities for
persons with disabilities to seek legal redress in case of
discrimination. It also grants rights in education, health, access to
public buildings, and employment. The Government has submitted three
decrees relating to the establishment of commissions on special
education, equal opportunity, and financial support; these are
necessary for the provisions of the law to take effect. A fourth decree
concerning the establishment of a high commissioner for the rights of
persons with disabilities was pending at year's end.

National/Racial/Ethnic Minorities.--While the country's many ethnic
groups have coexisted relatively peacefully, interethnic tensions
between the Wolof and southern ethnic groups played a significant role
in the long-running Casamance rebellion that was characterized by
grievous human rights abuses.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Homosexual activity, which is
indirectly referred to in the law as ``unnatural sexual intercourse,''
is a criminal offense. In the recent past, gays, lesbians, bisexual,
and transgender (LGBT) persons have often faced criminal prosecution
and widespread discrimination, social intolerance, and acts of
violence.
Unlike the previous year, the media did not report acts of hatred
or violence against LGBT persons. On November 30, Human Rights Watch
released a report entitled Fear of Life: Violence against Gay Men and
Men Perceived as Gay in Senegal. The report discussed cases of violence
against gay men and the legal and cultural milieu that fosters such
violence. While the cases cited in the report were from 2009 and
earlier, NGO observers speculated that the drop in cases during the
year was due to several factors. First, past violence against gays and
lesbians may have caused many gay men in the country to go underground.
Second, increased international attention may have caused the
Government to curtail prosecutions and other official discrimination.
Finally, successful legal challenges to the law used to prosecute
homosexuality may have helped curtail its use by prosecutors.

Other Societal Violence or Discrimination.--As a result of both
government and NGO HIV/AIDS awareness campaigns, persons with HIV or
AIDS were increasingly accepted in society.
On February 16, the National Assembly passed a law to protect
persons with HIV/AIDS against all forms of discrimination. The law also
allows medical doctors to inform spouses of persons with HIV/AIDS of
their partners' status if the latter fail to do so after a reasonable
time.
While there was no reported discrimination against persons with
albinism, many suffered and died due to lack of skin care medication.
The Senegalese National Albino Association provides a forum for persons
with albinism to discuss their difficulties. It also provides job
training and therapeutic activities, but lacked the funding to be
successful.
Section 7. Worker Rights

a. The Right of Association.--By law all workers, except security
forces, including police and gendarmes, customs officers, and judges,
are free to form and join unions, and workers exercised this right in
practice. However, the labor code requires the Ministry of Interior to
give prior authorization before a trade union can exist legally. The
Government can also dissolve and disband trade unions by administrative
order, but did not do so during the year. The labor code does not apply
to the agricultural or informal sectors, and thus excludes the majority
of the workforce. According to the International Monetary Fund, the
overall labor force participation rate was estimated at 43 percent in
2009. The formal sector employed 214,700 in 2006, approximately 6
percent of the total number of jobs, versus 3,422,700 persons in the
informal sector. Approximately 4 percent of the workforce was employed
in the private industrial sector, of which 40 to 50 percent belonged to
unions. Within the employed workforce in Dakar, 7 percent worked in the
public sector, 10 percent worked in the formal private sector, and 83
percent worked in the private informal sector.
Antiunion sentiment within the Government is strong. Trade
unionists were reportedly frequently subjected to harassment. In
addition the ILO has raised questions regarding the country's full
adherence to worker rights, particularly, the rights of association.
The law provides for the right to strike; however, certain
regulations restricted this right in practice. The constitution
seriously undermines the right to strike by stipulating that a strike
must not infringe on the freedom to work or jeopardize an enterprise.
The law states that workplaces may not be occupied during a strike.
Unions representing members of the civil service must notify the
Government of their intent to strike at least one month in advance;
private sector unions must notify the Government three days in advance.
This right is further restricted by the authorities' power to
requisition workers to replace those on strike. Transportation, health,
labor inspectors, bakers, telecommunication workers, and waste
collection workers staged several strikes during the year.

b. The Right to Organize and Bargain Collectively.--In theory the
law allows unions to conduct their activities without interference;
however, in practice the Government did not effectively protect this
right. The law also provides for the right to collective bargaining,
although collective bargaining agreements only applied to an estimated
44 percent of union workers.
Antiunion discrimination is prohibited by law, and there were no
confirmed reports of antiunion discrimination activities during the
year.
There are no special laws or exemptions from regular labor laws in
the country's single export processing zone.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, such
practices occurred (see section 7.d.). Also see the Department of
State's annual Trafficking in Persons Report at https//www.state.gov/g/
tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law bans the exploitation of child labor. Regulations on child labor
set the minimum working age, working hours, and working conditions and
prohibited children from performing particularly dangerous jobs.
However, child labor was a problem, including in the gold mining
sector, and most instances occurred in the informal economy where labor
regulations were not enforced. Economic pressures and inadequate
educational opportunities often pushed rural families to emphasize
labor over education for their children.
The minimum age for employment is 15; however, children under the
age of 15 continued to work in sectors such as agriculture, mining, and
fishing, particularly in rural areas where there was no enforcement of
child labor laws. There were also reports of children working on family
farms or herding cattle. Children also worked as domestics, in
tailoring shops, as garage mechanics, in metal and wood working shops,
and in other areas of the informal economy, such as fruit and vegetable
stands. Labor laws prohibiting child labor were largely unenforced due
to lack of resources and of political will. For example, the Ministry
of Labor sends investigators to investigate formal work places.
However, they are not trained to deal with child labor problems, and
much of the child labor abuses take place in the informal economy,
where there are no inspections. While there is a Child Labor Division
in the Ministry of Labor, the office only has two employees and few
resources. In addition, in August the Ministry of Justice announced the
formation of an office to combat the mistreatment of women and
children. The office is to function as a coordinator of efforts among
the various governmental agencies, to combat, among other things,
forced child labor. The office is also charged with producing an annual
report on child labor issues. However, the office received no funding
for 2011.
In August 2008 (the most recent year for which such data was
available), a national child labor survey published by the National
Agency of Demography and Statistics measured the economic activities of
children during the prior 12 months. According to the survey, 1,378,724
of the country's 3,759,074 children between the ages of five and 17
worked. Child labor was especially common in the regions of
Tambacounda, Louga, and Fatick. Child labor was prevalent in many
informal and family-based sectors such as agriculture (that is, millet,
corn, and peanuts), fishing, artisanal gold mining, garages, dumpsites,
slaughter houses, production of salt, and metal and woodworking shops.
Child labor was not common or reported to be a problem within large
scale companies.
Many religious instructors in Qur'anic schools brought young boys
from rural villages to urban areas and held them under conditions of
servitude, forcing them to beg on a daily basis in unsanitary and
dangerous conditions or to work in the agriculture sector under the
threat of physical punishment. Talibe occasionally work in small-scale
agriculture and are used to harvest cashews, mangoes, and oranges. In
the Casamance region, talibe working in the fields are exposed to
landmines left from the war.
One of the worst cases of child labor was in the mining and rock
quarry sector. Child gold washers, mostly between the ages of 10 and
14, worked approximately eight hours a day without training or
protective equipment. Children worked long hours in rock quarries,
crushing rock, and carrying heavy loads without protection. Both types
of work resulted in serious accidents and long-term illness. The NGO La
Lumiere reported an increase in children working in gold mines in the
Kedougou area during the year due to an increase in the price of gold.
According to a 2007 government survey, 90 percent of children in
Kaolack, Fatick, and Ziguinchor carry out tasks detrimental to their
health and education. The study also found that 75 percent of girls
were responsible for domestic chores, leading many to leave school.
Inspectors from the Ministry of Labor are charged with
investigating and initiating lawsuits in child labor cases.
Investigators from the Ministry of Labor can visit any institution
during work hours to verify and investigate compliance with labor laws
and can act on tips from trade unions or ordinary citizens. In practice
inspectors did not initiate visits to investigate child labor
violations because they lack adequate funding and training expertise to
handle child labor cases. There was no specific system in place to
report child labor violations largely due to inadequate funding of the
Child Labor Office and the Ministry of Labor. Instead the ministry
relies on unions to report violators. In the small formal wage sector,
which includes state-owned corporations, large private enterprises, and
cooperatives, child labor is not commonly a problem. There were no
statistics available on the number of child labor violations for the
reporting year.
The Government has raised awareness of the dangers of child labor
and exploitive begging through seminars with local officials, NGOs, and
civil society. The Government also participated in an ILO project to
combat child labor. The Government was implementing the Child Labor
Plan, which focuses on better management of child labor issues.
To reduce the incidence of exploitive begging, the Ministry of
Women, Family, Social Development, and Women's Entrepreneurship
implemented a program to help support 48 Qur'anic schools whose
teachers do not force their students to engage in begging. The Ministry
of Education provided funds to schools operated by religious
institutions that meet national education standards. During the year 40
new elementary schools were opened throughout the country; 10 middle
schools were also established. These schools were bilingual, teaching
in French and Arabic. This program has removed thousands of children
from street begging and exploitation. The Ministry of Education also
worked on a secular curriculum for use in Qur'anic schools.
Also see the Department of State's annual Trafficking in Persons
Report at https//www.state.gov/g/tip.

e. Acceptable Conditions of Work.--The national minimum wage was
209 CFA ($0.42) per hour, which did not provide a decent standard of
living for a worker and family. The Ministry of Labor was responsible
for enforcing the minimum wage. Labor unions also acted as watchdogs
and contributed to effective implementation of the minimum wage in the
formal sector. The minimum wage was not respected in the informal
sector, especially for domestic workers. The minimum wage provisions
apply to foreign and migrant workers as well.
Within the formal sector, the law mandates for most occupations a
standard workweek of 40 to 48 hours with at least one 24-hour rest
period, one month per year of annual leave, enrollment in government
social security and retirement plans, safety standards, and other
measures; however, enforcement was irregular. The law does not cover
the informal sector. Premium pay for overtime was required in the
formal sector.
While legal regulations on workplace safety exist, they often were
not enforced. There is no explicit legal protection for workers who
file complaints about unsafe working conditions. Workers, including
foreign or migrant workers, had the nominal right to remove themselves
from situations that endangered health or safety without jeopardy to
their employment; however, it was seldom exercised due to high
unemployment and a slow legal system. The Ministry of Labor, through
the Labor Inspection Office, enforced labor standards. However, labor
inspectors had very poor working conditions and lacked transportation
to conduct their mission effectively.

__________

SEYCHELLES

Seychelles is a multiparty republic of approximately 87,000
citizens. In 2006 voters elected President James Michel, who assumed
power in 2004 when former president France Albert Rene resigned.
International observers deemed the process credible, although there
were complaints of unfair campaign practices. The president and the
People's Party, formerly the Seychelles People's Progressive Front
(SPPF), dominated the country through a pervasive system of political
patronage and control over government jobs, contracts, and resources.
Security forces reported to civilian authorities.
The following human rights problems were reported: poor prison
conditions; prolonged pretrial detention; an inefficient and
politically influenced court system; restrictions on speech and press;
official corruption; violence against women and children; violations of
and restrictions on labor rights; and discrimination against foreign
workers.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
Two police officers were suspended from duty and charged with
manslaughter in the July 2009 case of a man found dead in a cell while
in police custody. The case remained before the Supreme Court pending
judgment.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices, and
unlike in the previous year, there were no reports of inhumane
treatment of detainees by police and prison officers.

Prison and Detention Center Conditions.--Montagne Posee Prison, the
country's only prison, did not meet international standards, and
conditions were poor, although improvements were made during the year.
Most prisoners still relied on their relatives for the provision of
food, drinks, toiletries, and medication, according to a July 22 report
in the newspaper Le Nouveau Seychelles Weekly. Sanitation and hygiene
were poor. On February 17, the Seychelles Nation newspaper reported
that prisoners submitted a petition to prison authorities asking for a
more balanced diet, visits from relatives, daily exercise in the open
air, proper hygiene and sanitation, and the right to take goods from
family members at the court. By year's end prisoners were allowed daily
exercise and access to visitors, and a full-time doctor and nurse were
on staff to provide medical treatment and oversee dietary needs.
Approximately 95 percent of prisoners were Catholic, and prison
authorities allowed religious observance. Prison authorities also
provided Muslim Somali pirates being held in Montagne Posee Prison
access to imams and permitted daily prayers and religious celebrations,
such as Ramadan. Prison authorities allowed prisoners and detainees to
submit complaints to relevant authorities and request investigation of
credible allegations of inhumane conditions. The Government
investigated complaints on a case-by-case basis and monitored prison
conditions regularly.
Unlike in the previous year, there were no reports that dogs
brought in by private security guards to assist prison guards bit
prisoners. An investigation by the National Human Rights Commission
(NHRC) found that in March 2009 several prisoners were bitten, some of
whom were hospitalized, by dogs not appropriately muzzled or controlled
by private security guards hired to support prison guards.
As of November 17, there were 404 male prisoners, including 294
convicted prisoners and 110 remand prisoners; 28 female prisoners were
held in a separate women's wing. Unlike in the previous year, juveniles
were not held with adult prisoners.
The Government generally permitted independent monitoring of prison
conditions by local and international human rights groups. During the
year the International Committee of the Red Cross (ICRC) did not make
any requests for prison visits.
An ombudsman may make recommendations to the National Assembly and
the president to improve conditions on behalf of prisoners and
detainees; however, the ombudsman had no power to enforce such
recommendations. The ombudsman generally makes an annual public report
of the year's cases and actions, but the report for 2010 had not been
published by year's end.
During the year prison authorities implemented the following 2009
recommendations made by the NHRC: termination of private guard services
in the prison; removal of dog handlers within the prison; separation of
remand and convicted inmates; construction of a recreational area for
inmates; and improvement of sanitation conditions. In partnership with
the UN Office of Drugs and Crime (UNODC), the Government also provided
training for prison guards in tradecraft, leadership, fire safety, and
emergency response.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.

Role of the Police and Security Apparatus.--The president has
complete control over the security apparatus, which includes the
National Guard, the Seychelles People's Defense Forces (SPDF), the
Presidential Protection Unit, the Coast Guard, and the police. The
police commissioner, who reports directly to the minister for Home
Affairs, Environment and Transport, commands the unarmed police and the
armed paramilitary Police Mobile Unit, which together have primary
responsibility for internal security. When necessary, the SPDF assisted
police on matters of internal security.
Corruption remained a problem. Although observance of human rights
was included as a core precept in officer training, such training was
limited.

Arrest Procedures and Treatment While in Detention.--Although the
law requires warrants, police made some arrests and detentions without
one. The constitution and law also provide for detention without charge
for up to seven days if authorized by court order. Persons arrested
must be brought before a magistrate within 24 hours, with allowances
for boat travel from distant islands; however, police did not always
respect this requirement. The law provides that detainees be promptly
notified of charges against them and allowed prompt access to family
members; however, there were cases in which these rights were not
respected. Detainees have the right to legal counsel, and free counsel
was usually provided to indigent persons. Courts provided bail for most
offenses.
The constitution provides that remand prisoners be released after
six months of detention if their case has not been heard within that
period; however, prolonged pretrial detention was a problem. Prisoners
often waited more than three years for trial or sentencing due to the
inefficiency of the judicial system. Approximately 27 percent of the
prison population consisted of pretrial detainees.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the judiciary was inefficient
and subject to executive influence. Both civil and criminal court cases
generally lasted years. There were no reports of judicial corruption,
although there was a widespread public perception that some judges were
corrupt.
One Supreme Court judge, one appeals court judge, and two
magistrate court judges were citizens by birth. There were allegations
that many of the justices were appointed because of their affiliation
with the People's Party. All other justices were either naturalized
citizens or citizens of other Commonwealth countries. There were
reports that the executive branch interfered in the recruitment of
foreign justices, who sometimes were hesitant to rule against the
executive branch for fear of losing their jobs.
An 18-member part-time family tribunal heard and decided all
matters relating to the care, custody, access to, and maintenance of
children, except paternity cases, which remained under the courts. Most
members of the tribunal were not legally trained and were affiliated
with the People's Party.

Trial Procedures.--Defendants have the right to a fair public
trial, are considered innocent until proven guilty, and have the right
to be present at their trial and to appeal. Cases involving murder or
treason used juries. The constitution makes provision for defendants to
present evidence and witnesses and to cross-examine witnesses in court.
Defendants have the right to access government-held evidence; however,
in practice such requests were often delayed. The law provides for
defendants to consult with an attorney in a timely manner. The law
extends the above rights to all citizens.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--The constitution and law
provide for an independent and impartial judiciary in civil matters;
however, case backlogs impeded judicial efficiency. UNODC funding was
used to provide judges with best practices training for case-flow
management to decrease the backlog. The NHRC recommended cases for
prosecution as well as out-of-court settlements.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.
However, there remained widespread suspicion of government monitoring
of private communication without legal process.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the Government did not
respect these rights in practice. Journalists practiced self-
censorship.
Individuals who criticized the Government publicly or privately
sometimes suffered reprisals.
The Government ran a daily newspaper and the national television
and radio station. There was one privately owned daily newspaper and
three political party weeklies.
The Government owned the only television station and all radio
stations. The law allows for independent radio and television, but the
licensing fee of 800,000 rupees ($64,000) per year discouraged the
opening of any independent broadcasters. Political parties and
religious groups were prohibited from obtaining radio licenses. The law
allows the minister of information technology to prohibit the broadcast
of any material believed to be objectionable or against the national
interest. The law also requires telecommunications companies to submit
subscriber information to the Government. The law was not invoked
during the year.
The law provides restrictions ``for protecting the reputation,
rights, and freedoms of private lives of persons'' and ``in the
interest of defense, public safety, public order, public morality, or
public health.'' As a result, civil lawsuits could be filed to penalize
journalists for alleged libel.
For example, on July 23, a cabinet minister filed a libel suit
against Regar newspaper for publishing allegations in June regarding a
conflict of interest in a land sale. On July 24, police searched the
house of Regar's publishing director. A trial was pending at year's
end.

Internet Freedom.--Opposition activists claimed that the Government
blocked access to their party Web sites. There also were reports that
the Government monitored e-mail and Internet chat rooms. According to
International Telecommunication Union statistics for 2009,
approximately 40 percent of the country's inhabitants used the
Internet.

Academic Freedom and Cultural Events.--Opposition activists claimed
that the Government limited academic freedom by reportedly preventing
academic professionals from reaching senior positions in academia
unless they demonstrated at least nominal loyalty to the People's
Party. The Government controlled faculty appointments to the
Polytechnic and the University of Seychelles.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly and
association, and unlike in the previous year, there were no reports
that the Government infringed on that right during the year.

Freedom of Association.--The constitution and law provide for
freedom of association; however, civil servants allegedly refrained
from participating in opposition party activities for fear of political
reprisal. Unlike in previous years, there were no complaints that
government officials intimidated or dismissed civil servants who
participated in opposition party activities.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The law allows the Government to deny passports to any
citizen if the minister of defense finds that such denial is ``in the
national interest''; however, this law was not invoked during the year.
The law prohibits the forced exile of citizens, and the Government
did not use forced exile in practice.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status; however, the Government has not
established a system for providing protection to refugees. In practice
the Government provided protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened
on account of their race, religion, nationality, membership in a
particular group, or political opinion.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--International observers
found credible the 2007 National Assembly elections, which retained the
balance of power between the ruling People's Party (formerly the SPPF)
and the opposition Seychelles National Party (SNP). Minor complaints of
electoral irregularities were filed with the electoral commissioner.
In 2006 approximately 88 percent of eligible voters elected
incumbent SPPF presidential candidate James Michel with 54 percent of
the vote. International observers characterized the electoral process
as credible and well organized; however, opposition members filed
complaints with the electoral commissioner's office regarding unfair
campaign and electoral practices.
There were reports that opposition parties could not operate
without restrictions or outside interference; however, unlike in the
previous year, there were no reports that police denied opposition
parties permission to hold public meetings.
The People's Party, which assumed power in a 1977 coup, continued
to use its political resources and those of the Government to develop
and maintain a nationwide organization that extended to the village
level.
There were reports that People's Party membership conferred
business and political advantage. For example, some members of
opposition parties claimed that they lost their government jobs because
of their political affiliation and were at a disadvantage when applying
for government licenses and loans.
There were 10 women in the 34-seat National Assembly, seven elected
by direct election and three by proportional representation. There were
two women in the cabinet.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not always implement the law effectively,
and officials sometimes engaged in corrupt practices with impunity. The
World Bank's 2009 Worldwide Governance Indicators reflected that
corruption was a problem.
Police corruption remained a problem; however, the Enquiry Board, a
police complaint office, was rarely used. In practice private attorneys
filed complaints or published them in opposition-party newspapers Regar
and Le Nouveau Seychelles Weekly.
Public officials were subject to financial disclosure laws upon
taking office; however, there were no reports that such disclosures
occurred in practice.
The ombudsman has legal authority to investigate and report on
allegations of official fraud and corruption. Unlike in the previous
year, no information was available on the number or type of
investigations conducted during the year.
There are laws allowing public access to government information;
however, the Government did not enforce them, and citizens generally
had no access to such information.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A small number of international human rights nongovernmental
organizations (NGOs) and one domestic human rights group, the Center
for Rights and Development (CEFRAD), generally operated without
government restriction, investigating and publishing their findings on
human rights cases. Government officials were generally cooperative and
responsive to the views of international NGOs; however, cooperation
with CEFRAD, which was perceived as aligned with the opposition, was
limited. For example, the Government refused to permit CEFRAD and other
local groups to observe the 2006 presidential election or the 2007
legislative elections.
The Government-run National Humanitarian Affairs Committee (NHAC)
had members from civil society as well as government. The ICRC acted as
a technical adviser to the NHAC. The NHRC, which was established in
March 2009, investigated allegations of human rights abuse, including
those committed by members of law enforcement agencies. The commission
operated without government or party interference, had adequate
resources, and was considered effective.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law affirm the right to be free from all types
of discrimination but do not prohibit discrimination based on specific
factors. In practice there was no overt discrimination in housing,
employment, education, or other social services based on race, gender,
ethnicity, nationality, or disability.

Women.--Rape, spousal rape, and domestic abuse are criminal
offenses punishable by a maximum of 20 years' imprisonment. Rape was a
problem. The police registered 25 rape cases for the year; however,
many rape cases went unreported for fear of reprisal or social stigma.
Two rape cases were prosecuted during the year, and one case remained
under investigation. The Social Affairs Division of the Ministry of
Health and Social Development and the local NGO Women in Action and
Solidarity Organization (WASO) provided counseling to eight rape
victims during the year.
Domestic violence against women was a problem. Police rarely
intervened in a domestic dispute unless it involved a weapon or major
assault. Authorities often dismissed the few cases that reached a
prosecutor, and the court generally ordered light sentences for
perpetrators. The Family Tribunal issued 466 protection orders related
to domestic violence during the year.
In 2008 the Ministry of Health and Social Development launched the
2008-12 National Strategy Plan on Domestic Violence. From November 24
to December 10, the Ministry for Social Development and Culture
organized 16 days of activism against gender violence and launched the
local UNiTE campaign against domestic violence. GEM Plus, a local NGO
that promotes awareness of domestic violence, organized three regional
workshops and was invited to participate in various media programs for
the empowerment of women.
The law prohibits sexual harassment; however, enforcement was rare.
The penal code provides no penalty for sexual harassment, although the
court can order a person accused of such conduct to ``keep a bond of
peace,'' which allows the court to assess a fine if the harasser fails
to cease the harassment.
The Government recognized the right of couples and individuals to
decide freely and responsibly the number, spacing, and timing of their
children. Health clinics and local health NGOs were permitted to
operate freely in disseminating information on family planning under
the guidance of the Ministry of Health and Social Development. There
were no restrictions on the right to access contraceptives, but few
couples reportedly used these measures. The Government provided free
childbirth services; however, women traditionally preferred using
nurses or midwives during childbirth as well as for prenatal and
postnatal care, unless the mother or child suffered serious health
complications. Men and women received equal access to diagnosis and
treatment for sexually transmitted infections, including HIV. There
were no legal, social, cultural, or other barriers that limited access
to these services.
Women enjoyed the same rights as men, and the society was largely
matriarchal. Unwed mothers were the societal norm, and the law requires
fathers to support their children. There was no officially sanctioned
discrimination in employment, and women were well represented in
business. There was no economic discrimination against women in
employment, access to credit, equal pay for equal work, or owning or
managing a business. Inheritance laws do not discriminate against
women.

Children.--Citizenship is derived by birth in the country or from
parents, and births were generally registered immediately. Failure to
do so, however, did not result in the denial of public service.
The law prohibits physical abuse of children; however, child abuse
was a problem. Sexual abuse of children, usually perpetrated by
stepfathers and older brothers, also occurred. According to WASO, most
cases of rape of girls under the age of 15 went unreported for fear of
reprisal or cultural stigma. Authorities prosecuted very few child-
abuse cases in court due to lack of efficient working relations between
government agencies and departments. The strongest public advocate for
young victims was a semiautonomous agency, the National Council for
Children.
The age of consent for marriage is 15 years. Girls were not allowed
to attend school when they were pregnant, and many did not return to
school after the birth of a child.
In April 2009 the Seychelles Nation reported that the local NGO
Young Soldiers for Christ had observed an increase in prostitution and
suggested that some youth may have resorted to prostitution as a result
of an economic downturn.
Seychelles is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--The Jewish community numbered fewer than 10
persons, and there were no reports of anti-Semitic acts.

Trafficking in Persons.--In 2009 there were no confirmed reports
that persons were trafficked to, from, or within the country.

Persons With Disabilities.--The constitution and law provide for
the right of persons with disabilities to special protection, including
reasonable provisions for improving the quality of life; however, there
are no laws providing for access to public buildings, transportation,
or state services, and the Government did not provide such access for
persons with disabilities. There was no discrimination reported against
persons with disabilities in housing, employment, education, or in the
provision of other state services. The National Council for Disabled, a
government agency under the Ministry of Social Development and Culture,
developed work placement programs for persons with disabilities.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law does not specifically
prohibit discrimination based on sexual orientation, and there were no
reports that such discrimination occurred.

Other Societal Violence or Discrimination.--There were no reports
of violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law provides workers with the
right to form and join unions of their choosing; however, police,
military, prison, and firefighting personnel may not unionize. The law
is silent regarding the rights of foreign or migrant workers to join a
union. Unions organized between 15 and 20 percent of the workforce.
The SNP-associated Seychelles National Trade Union (SNTU) ceased
operations in 2007; the SNTU claimed that employers did not reinstate
workers fired for union activity. The Seychelles Federation of Workers'
Unions, which was associated with the People's Party, was active. The
Seychelles National Union was formed in 2009 as a result of a
resolution adopted by the SNP Annual Convention held in 2009; however,
SNP leaders claimed the union was not affiliated with SNP activities.
Strikes are illegal unless arbitration procedures are first
exhausted. There were no reports that unions tried to strike during the
year.

b. The Right to Organize and Bargain Collectively.--The law allows
for unions to organize and conduct their activities without
interference. The law provides workers with the right to engage in
collective bargaining, but this seldom occurred. There were no reports
that this was due to government interference. The Government has the
right to review and approve all collective bargaining agreements in the
public and private sectors. There was little flexibility in setting
wages. In the public sector, which employed more than 50 percent of the
labor force, the Government set mandatory wage rates for employees.
Private-sector employers generally set wages through individual
agreements with employees, while the Government set wage rates in the
few larger businesses.
The law authorizes the Ministry of Employment and Human Resource
Development to establish and enforce employment terms, conditions, and
benefits, and in practice workers frequently obtained recourse against
their employers through the ministry.
Unions engaged in collective bargaining in the private sector;
however, observers noted that private-sector employers were reluctant
to do so.
The law prohibits antiunion discrimination; however, there were
unofficial reports that such discrimination occurred.
There was one export processing zone, the Seychelles International
Trade Zone (SITZ), which had more than 57,000 registered international
companies and 312 trusts in operation. Only the Seychelles Trade Zone
Act applied in the SITZ, and the Government did not require SITZ
businesses to adhere to labor, property, tax, business, or immigration
laws.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, and there were no reports that such
practices occurred.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law states that the minimum age for employment is 15, ``subject to
exceptions for children who are employed part time in light work
prescribed by law without harm to their health, morals, or education.''
In practice the Government followed these requirements. It is otherwise
a criminal offense punishable by a fine of 6,000 rupees ($480) to
employ a child under the age of 15. The Ministry of Employment and
Human Resource Development enforced child labor laws. The ministry
handled such complaints within its general budget and staffing and did
not report any case requiring investigation. No children were found
working in the fishing, tourism, agricultural, boat-building, or
processing industries. The Ministry of Education carried out regular
checks to ensure that children were actually attending school.

e. Acceptable Conditions of Work.--There is no official private
sector minimum wage. The Government encouraged but did not require the
private sector to grant the minimum public-sector wage. Since 2006 the
minimum public sector wage has remained at 2,325 rupees ($186) per
month. Even with free public services, primarily health care and
education, a single salary at the low end of the pay scale did not
provide a decent standard of living for a worker and family. Private
employers generally paid higher wages than the Government to attract
qualified workers.
The legal maximum workweek varied from 45 to 55 hours, depending on
the economic sector; however, some employees worked up to 60 hours per
week. Government employees worked fewer hours. Regulations entitled
each full-time worker to a 30-minute break per day and a minimum of 21
days of paid annual leave. The Government permitted workers to work
overtime up to 60 additional hours per month. The Government generally
enforced these regulations. The law requires premium pay for overtime
work.
Foreign workers--mainly employed in the construction and commercial
fishing sectors--did not enjoy the same legal protections as citizens.
Companies sometimes paid foreign workers lower wages, forced them to
work longer hours, and provided them with inadequate housing, resulting
in insalubrious conditions.
The Ministry of Health and Social Development has formal
responsibility for drafting the Government's comprehensive occupational
health and safety regulations, and the ministry supported these
standards, although, due to limited resources, safety and health
inspectors rarely visited job sites. Occupational injuries were most
common in the construction, marine, and port industries. The law allows
workers to remove themselves from dangerous or unhealthy work
situations, report the employer to the Health and Safety Commission,
and seek compensation without jeopardizing their employment.

__________

SIERRA LEONE

Sierra Leone is a constitutional republic with a directly elected
president, a unicameral legislature, and a population of approximately
5.7 million. In peaceful multiparty presidential and parliamentary
elections held in 2007, the opposition All People's Congress (APC) won
a majority in parliament, and citizens elected party leader Ernest Bai
Koroma president. Domestic and international observers characterized
the elections as credible and free but noted irregularities that did
not affect the outcome.
In 2002 the devastating 11-year civil conflict officially ended,
and the Government, backed by a United Nations peacekeeping force
(UNAMSIL), asserted control over the country. In 2004 UNAMSIL handed
responsibility for security countrywide to the Republic of Sierra Leone
Armed Forces (RSLAF) and Sierra Leone Police (SLP). In 2005 UNAMSIL
withdrew all remaining peacekeepers and transferred nonpeacekeeping
responsibilities to a follow-on peacebuilding UN mission (UNIOSIL). In
2008 UNIOSIL's mandate ended, and the UN Integrated Peacebuilding
Office in Sierra Leone (UNIPSIL) was established to support government
institutions and monitor and protect human rights and the rule of law.
Security forces reported to civilian authorities.
Major human rights problems included security force abuse and use
of excessive force with detainees, including juveniles; harsh
conditions in prisons and jails; official impunity; arbitrary arrest
and detention; prolonged detention, excessive bail, and insufficient
legal representation; interference with freedom of speech and press;
forcible dispersion of demonstrators; widespread official corruption;
societal discrimination and violence against women, discrimination
based on sexual orientation; female genital mutilation (FGM); child
abuse; trafficking in persons, including children; and forced and child
labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were reports that security and police forces used excessive
force. The law allows up to 36 lashes as punishment. Although
nongovernmental organization (NGO) sources state that sensitization on
human rights has led to a reduction in such incidents, prison guards
reportedly beat prisoners with impunity.
No action was taken against the prison warden who severely beat an
inmate in 2008.
Compared to the previous year, fewer men and women were initiated
forcibly into tribal secret societies, a process that for women usually
involved female genital mutilation (FGM). Although data was hard to
come by due to the secretive nature of these societies, government
sources extrapolated the decrease in male initiations from observations
that fewer young men were returning to their home villages, where
initiation ceremonies are held, from their jobs in the country's main
cities and towns. Decreases in female initiations were extrapolated
from UN and NGO data on the decreasing prevalence of FGM, which is an
integral part of female initiation ceremonies.
Vigilante violence was common in urban areas, particularly for
suspected thieves and unsettled debts.
By year's end no one had been charged for the 2008 killing of a
thief in eastern Freetown.
There were continued reports that Guinean troops along Sierra
Leone's eastern border with Guinea harassed local residents.

Prison and Detention Center Conditions.--Prison and detention
center conditions were harsh and sometimes life-threatening.
Overcrowding was a major problem. The Bureau of Prisons stated that as
of the end of October there were 2,237 prisoners in the country,
including 79 women. The Pademba Road Prison, which was designed to
house 324 prisoners, held 1,263 as of October, according to the local
NGO Prison Watch. In some cases, cells measuring six feet by nine feet
housed nine prisoners. According to Prison Watch's 2010 assessment of
prisons, beatings, solitary confinement, reduction in or total denial
of food rations, and forcing prisoners to sleep on a wet floor were
routine disciplinary measures. In addition, many prisoners reported
being beaten by gangs of other prisoners at the incitement or explicit
direction of prison officials as a means of inflicting punishment while
shielding prison officials from culpability.
Human rights observers reported that detention conditions remained
below minimum international standards because of overcrowding, lack of
access to food, unhygienic conditions, and insufficient medical
attention. One NGO noted an improvement in nutritional standards, but
prisoners continued to receive inadequate portions of food. The Bureau
of Prisons received only 2,500 leones ($0.63) per prisoner per day for
food rations; increased food prices and pilfering by prison officials
throughout the year posed a significant challenge. Prison cells often
lacked proper lighting, bedding, ventilation and air-conditioning, and
protection from mosquitoes. At all prisons, wells were the only sources
of water. In some prisons, the wells dried up during the dry season and
inmates were required to purchase water themselves.
Conditions in holding cells in police stations were poor,
especially in small stations outside Freetown. Cells were dark with
little ventilation. However, overcrowding in some police cells somewhat
improved due to deployment of additional magistrate judges to the
districts to process cases.
Few prisoners had access to adequate medical facilities, and
clinics lacked supplies and medical personnel to provide basic
services. Authorities allowed only emergency patients to visit the
clinic outside of the assigned schedule. Women were treated as
outpatients or referred to the local hospitals for special care.
However, doctors and nurses in these hospitals often refused to treat
prisoners or provided inferior care because of the social stigma
associated with assisting criminals and the Bureau of Prison's
inability to pay medical bills.
Prison Watch reported that there was a shortage of prison staff and
that officers were not paid regularly. Consequently, guards provided
only minimal security, and abuse of prisoners and prison breaks
occurred. Prison Watch received reports that prison guards sold
prisoner food rations to supplement their meager salaries.
As of the end of October, Prison Watch reported only one prisoner
death, which occurred allegedly as a result of a respiratory tract
infection.
Men and women were held in separate cells. In many of the prisons,
men and women were held in the same block and shared facilities.
Several prisons held infants, most of whom were born in prison and
initially detained there with their mothers. Once weaned, these
children were released to family members or placed in foster care by
the Ministry of Social Welfare, Gender, and Children's Affairs.
While the women's section of the prison on Pademba Road was
significantly less crowded with better facilities than the male
section, officials detained together persons being tried for petty and
serious offenses; the section had limited access to water for bathing,
and no exercise area.
Although authorities made an effort to avoid detaining juveniles
with adults, minors regularly were imprisoned with adult offenders. At
the same time, when questioned by NGO Prison Watch about detaining
juveniles, officers alleged that in some cases, police officers
inflated the ages of juveniles to escape blame for detaining them. In
the three juvenile facilities, detainees did not have adequate access
to food and education, and sometimes were unable to attend court
hearings due to lack of transportation. However, during the year
vocational training and one year of formal education were offered to
juvenile prisoners under a grant from the Justice Sector Development
Program (JSDP), a government program funded by the United Kingdom's
(UK's) Department for International Development. The juvenile
facilities were deteriorating and in need of better management by the
Ministry of Social Welfare, Gender, and Children's Affairs, which was
responsible for all services but security. Violence among juvenile
detainees was a problem, and small riots occurred in some facilities,
such as one in a school in Kissy in early October. Juveniles housed
with adults and then moved to age-appropriate facilities were often
instigators of violence, JSDP noted.
In most cases pretrial detainees were held with convicted prisoners
in prisons. According to Prison Watch, only 584 of the 1,263 prisoners
in Pademba Road Prison had been convicted.
The Government permitted family visits to prisoners and detainees
regularly during the year.
International monitors, including UNIPSIL, had unrestricted access
to the prisons, detention centers, and police holding cells.
Additionally, some NGOs such as Prison Watch, JSDP, and the Lawyers'
Center for Legal Assistance (LAWCLA) monitored the prisons.
There were some improvements in prison conditions noted during the
year. Overcrowding and the need to keep men and women in the same block
were somewhat alleviated by the completion of a women's prison in
Kenema. The Pademba Road prison, as well as prisons in Moyamba, Port
Loko, and Magburaka, began offering literacy and vocational skills
training during the year.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, government forces
occasionally arrested and detained persons arbitrarily.

Role of the Police and Security Apparatus.--The SLP has primary
responsibility for maintaining internal order but was poorly equipped
and lacked investigative, forensic, and riot control capabilities. The
military is responsible for external security; however, the ``Military
Assistance to the Civil Power'' program provided additional assistance
to police in extraordinary circumstances, such as following a police
shooting of three civilians near Lungi Airport in September 2009.
There were fewer cases of police brutality reported during the
year, but police corruption was a serious problem, in part exacerbated
by low salaries. Some police and guards reportedly stole from
detainees. There were continued reports that police officers required
bribes at checkpoints, falsely charged motorists with violations, and
impounded vehicles to extort money. Police also accepted bribes from
criminal suspects in exchange for dropping charges or for having their
rivals arrested and charged with crimes.
Police frequently were not present or chose not to intervene when
crowds beat alleged thieves. In numerous instances, police, in exchange
for kickbacks, refused to make arrests when warranted, or they arrested
persons without charge for civil causes such as alleged breach of
contract or failure to satisfy a debt.
According to the JSDP, impunity was less of a problem than in the
past. The Police Complaints, Discipline, and Internal Investigations
Department (CDIID) heard more complaints against police officers during
the year than in the previous year, largely due to greater public
awareness of and trust in the organization. There was also a Police
Council, which included the vice president, minister of internal
affairs, inspector general, and others who accepted written complaints
against senior police officers. The CDIID facilitated all hearings and
trials related to complaints against junior police officers. An appeals
process was available and used often. After the CDIID issued
disciplinary measures against an SLP officer, the officer was also
subject to the civilian court if criminal action was involved. An
infrequently published SLP newsletter listed disciplinary actions
against officers.
During the year the CDIID received 1,623 complaints countrywide,
resulting in 689 officers being dismissed, demoted, suspended, or
officially warned. Of the remainder, 408 cases were dismissed for lack
of evidence or validity, 282 were resolved through dispute resolution,
and 244 remained at various stages of investigation or review. The most
common complaints lodged against police were corruption, unfair
treatment, lack of professionalism, and assault. Cases requiring
dismissal of an officer most commonly involved criminal cases, such as
officers fraudulently posing as landowners or businessmen to extort
money.
Police continued to receive professional, leadership, and human
rights training, and new recruits received a six-month introductory
course before deployment. The SLP retained a full-time UN technical
advisor and a number of UN Civilian Police advisors. As a result of
training programs during the year and the introduction of community
policing conducted by the Department for International Development, the
Commonwealth, and the JSDP, the professional conduct of the police
force improved. However, its efficacy continued to be hampered by
limited financial resources.

Arrest Procedures and Treatment While in Detention.--The law
requires warrants for searches and arrests; in many cases, however,
arrest without warrant was common. According to UNIOSIL's 2007
assessment of prison conditions, adjournment dates on some warrants
were altered and not endorsed by the magistrate, while other warrants
were signed, but not by the presiding magistrate. Prison Watch and
LAWCLA reported that most arrests were made without warrants and that
the SLP rarely followed proper arrest procedures. Only high-profile
cases that were scrutinized publicly were known to have been properly
handled.
Once arrested, a detainee must be told the reason for arrest within
24 hours and be charged in court within 72 hours, or in the case of
serious crimes, within 10 days. According to several NGOs, remanded
prisoners routinely were brought to court on a weekly basis to be
remanded again in order to bypass the legal restrictions.
Detainees have the right of access to family and the right to
consult with an attorney in a timely manner. However, due to a lack of
financial resources, only an estimated 5 to 10 percent of inmates had
access to legal representation, which was often delayed. Lawyers
generally were allowed unrestricted access to detainees. Although the
law provides for attorneys at public expense if defendants cannot
afford their own, the Government has instituted legal aid in Freetown
only, and has been able to serve only a few clients due to problems
with establishing eligibility for legal aid. Fewer than 10 state
counsels served the entire country, and they were often overburdened
and poorly paid and thus available only for more serious criminal
cases. Many indigent detainees did not receive legal advice prior to
trial. Only defendants in the military justice system had automatic
access to attorneys, whose fees were paid by the Ministry of Defense.
For civilians, three attorneys provided legal aid outside of Freetown.
Authorities permitted regular family visits, although the frequency and
duration of the visits varied from prison to prison. According to NGO
reports, family members often paid bribes to be permitted to visit.
There were provisions for bail, and there was a functioning bail
system; however, authorities applied the bail regime inconsistently and
sometimes demanded excessive bail.
Lengthy pretrial detention was a problem. Prison Watch reported
that as of the end of October nine persons were awaiting indictment
since 2006, six since 2005, and one since 2004. As a result of case
backlogs, pretrial and remand detainees spent an average of three to
five years in pretrial detention before courts examined their cases or
filed formal charges. Approximately 60 percent of detainees in prison
were in pretrial detention. Inmates at the prison in Bo who engaged in
a small-scale riot to protest against their lengthy pretrial detentions
in November 2009 were, according to Prison Watch, brought to Freetown
and beaten. They were sent back to Bo in the early part of the year;
since then, some have been released. According to the NGO Open Society
Initiative for West Africa, remand prisoners frequently changed their
pleas from ``not guilty'' to ``guilty'' to be removed from the remand
section to the less substandard areas of a prison.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
this provision; however, the judiciary at times was subject to
government influence and corruption.
In addition to the formal civil court system, local chieftaincy
courts administer customary law with lay judges; appeals from these
lower courts are heard by the superior courts.
The rotation system between wards in specific districts continued
to improve magistrate presence. However, with inexperienced new
magistrates, high court fees, and fewer than 15 lawyers practicing
outside of Freetown, access to justice remained limited for most
citizens.
The RSLAF has its own military justice system, although soldiers
can be tried in civilian courts depending on the type of crime
committed. The decision of which system to use was sometimes made on an
ad hoc basis and was prone to pressure from RSLAF leadership. If a case
remains in military channels, military police conduct an investigation
and forward their findings to the Ministry of Defense Law Office. The
Law Office then decides whether to handle the offense through a
``summary dealing'' process or a court martial.
``Summary dealing'' cases are limited to low-level military
offenses, such as misappropriation of military property, unlawful
possession of a firearm, and being absent without leave. The commanding
officer determines the punishment, the most severe of which is a 28-day
custodial sentence. The court martial hears all civilian and serious
military offenses committed by military personnel, as well as cases
involving senior officers. The case is tried before a judge and board;
the latter determines guilt or innocence, and the former the sentencing
recommendation. The court martial hears an average of four cases per
year.
The military justice system has an appeals process. For summary
dealing, the defendant can appeal for the redress of complaint, which
goes to the next senior ranking officer, while appeals in a court
martial are heard by the civilian Supreme Court.
Traditional justice systems supplemented the central government
judiciary, especially in rural areas. Paramount chiefs maintained their
own police and courts to enforce uncodified local laws, which acted in
parallel with the Government's own civil police and court system.
Chieftaincy police and courts exercised authority to arrest, try, and
incarcerate individuals, and sometimes abused that power. However,
traditional justice systems somewhat improved in rural areas during the
year due to governmental and NGO training of traditional elders and
provision of additional paralegals.
Trials were generally fair; however, there was credible evidence
that corruption influenced many cases. Paramount chiefs acting as
judges were notorious for accepting bribes and favoring wealthier
defendants, although they showed a greater willingness to discuss
issues and refer cases to magistrates than in previous years (see
section 4).

Trial Procedures.--The law provides for a fair trial; however, in
practice, the lack of judicial officers and facilities often produced
long delays. Some cases were reported to be adjourned 40 to 60 times.
Trials are public, and the accused have a limited right to a trial by
jury in the magistrate courts. Juries were drawn from a list maintained
by the master and registrar of active and retired civil servants and
youth groups; however, the attorney general frequently exercised his
power to determine that cases be heard by a judge alone. Defendants
generally enjoyed a presumption of innocence. While defendants have the
right to be present and to consult with an attorney in a timely manner,
access to counsel often was delayed. The law provides for attorneys at
public expense if defendants could not afford their own; however,
state-appointed attorneys often were overburdened and poorly paid, and
indigent detainees usually did not receive legal advice prior to trial.
Defendants can confront or question witnesses against them, present
witnesses and evidence on their own behalf, and access government-held
evidence relevant to their cases. Police officers, many of whom had
little or no formal legal training, prosecuted a majority of cases on
the magistrate level. Although the law provides defendants with the
right to appeal, delays in the appeals process were excessive,
sometimes lasting more than two years.
Human rights NGOs noted wide disparities in sentencing patterns
from district to district. There were numerous cases in which sentences
imposed were disproportional to the offenses. Many prisoners were
serving excessively long sentences for noncapital offenses, such as
sacrilege (50 years), larceny (25 years), and larceny and burglary (45
years). Many attributed the inconsistent sentencing to the defendant's
ability to pay a fine or bribe.
Traditional justice systems continued to supplement extensively the
central government judiciary, especially in rural areas, in cases
involving family law, inheritance, and land tenure. However, the
customary law guiding these courts is not codified, and decisions in
similar cases were inconsistent. Paramount chiefs sometimes referred
cases to the police in order to give arrests for civil complaints the
appearance of legitimacy. Local chieftains at times exceeded their
mandates and administered harsh punishments.
A number of civil laws and customary laws discriminate against
women, and many traditional courts continued to ignore the rights of
women regarding family law and inheritance. Juveniles are afforded few
rights in the traditional justice system.
The trial of former Liberian president Charles Taylor for crimes
against humanity, war crimes, and other serious violations of
international law committed during the civil war continued throughout
the year before the Special Court for Sierra Leone (SCSL) in The Hague.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--Both the central
government judiciary and customary law courts handled civil complaints;
however, corruption influenced some cases and judgments, and awards
were inconsistent. Administrative and judicial remedies were available
for alleged wrongs, but enforcement was difficult. Victims of human
rights abuses have access to the regular courts to seek redress for
human rights violations.

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the Government at
times restricted these rights in practice. Journalists generally
practiced self-censorship.
The Government rarely attempted to impede criticism, although
government officials occasionally interfered with journalists' work.
During the year there were several complaints that government
officials sought to manipulate the Sierra Leone Broadcasting
Corporation (SLBC), which was created in June as an independent,
nonpartisan television and radio outlet. In August a prominent
newspaper publisher spoke critically of the Government on a popular
live daily SLBC radio program. A government representative
unsuccessfully attempted to interrupt the broadcast to present a
rebuttal. The program was neither re-aired the following day, as is
standard, nor were requests for taped copies of the interview honored,
leading to criticisms that the SLBC and the Government were jointly
attempting to muzzle the journalist.
On December 13, four journalists from four independent newspapers
were arrested by the Sierra Leone Police on the order of the minister
of lands. The minister accused the journalists of ``possessing
classified documents'' when they questioned him about a restricted-
access audit report compiled by the Investment Climate Facility (a pan-
African organization based in Tanzania) alleging fraud and embezzlement
within the ministry. The four men were released later that evening. One
of them was accused of stealing documents from the ministry and charged
with larceny, but all charges were subsequently dropped.
On December 16, the minister of agriculture, forestry, and food
security asked the Sierra Leone Police to arrest two employees of the
radio station KISS 104 in Bo for interrupting a live interview with the
minister to air a block of prerecorded programming sponsored by the
cell phone company Africell. The minister claimed that he had paid for
the broadcast time for his interview and that KISS 104 had committed a
``breach of contract.'' The employees were arrested but released the
following morning, and no charges were filed.
The Human Rights Commission-Sierra Leone (HRC-SL) and the Sierra
Leone Association of Journalists (SLAJ) condemned both December
actions. The minister of information and communications pledged to
investigate the incidents and to ``take necessary actions, [as] the
Government will not condone impeding freedom of expression and sour the
relationship between the Government and the media in Sierra Leone.''
Fifty-eight newspapers were registered with the Independent Media
Commission (IMC), as well as 72 radio stations and 10 television
stations covering a wide spectrum of interests and editorial opinion.
Not all media outlets were in operation during the year, however.
During the year the IMC registered nine new newspapers and two new
radio stations, and rejected seven newspaper registration applications
because the applicants did not provide any justifications of
``professional and public-interest.'' Most of the IMC-registered
newspapers were independent, although several were associated with
political parties. While sometimes subject to official pressure and
restrictions, newspapers openly and routinely criticized the Government
and its officials as well as the opposition parties. However, reporting
was often politicized and inaccurate, in large part because of poor
journalistic skills, insufficient resources, and the lack of
professional ethics. In October the Guild of Newspaper Editors Sierra
Leone was launched to address these problems, as well as unprofessional
behavior and widespread corruption among its members.
As part of efforts to curb undue interference by local authorities,
the IMC reconstituted the management boards of community radio stations
to include chiefs and representatives from the major political parties.
It also funded training programs for members of the management boards.
International media could operate freely but were required to
register with the Ministry of Information and Communications and the
IMC to obtain a license. During the year there were no cases of local
or international media being denied registration.
The law criminalizes both defamatory and seditious libel; however,
the law rarely was applied. Punishment for first-time offenders can be
up to three years' imprisonment, and subsequent seditious libel
convictions are punishable by prison terms of up to seven years.
However, society paid little attention to older convictions under the
law. In December, President Koroma nominated and parliament unanimously
confirmed a new minister of youth and sport, despite his 2002
conviction under the libel law while editor-in-chief of the independent
newspaper Fo Di People. Despite lobbying for decriminalization of libel
by the IMC and the SLAJ, by year's end the Government had not amended
Part 5 of the 1965 Public Order Act, which criminalizes libel.
The IMC regulated independent media organizations and generally
demonstrated independence from government influence. In August it
convened a meeting with editors of two local newspapers to chastise
them for publishing articles that allegedly violated Section 25 of the
IMC Code of Practice by potentially inflaming tribal/ethnic tensions.
The IMC warned them not to publish any such material in the future, or
risk having their newspapers suspended.
Due to the low level of literacy and the relatively high cost of
newspapers and televisions, radio remained the most important medium
for public dissemination of information. During the year more than 80
government and private radio and television stations provided domestic
news and political commentary. The APC and the Sierra Leone People's
Party (SLPP) radio stations that were shut down in the wake of the
March 2009 riots remained closed.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
and the Government generally respected this right in practice. There
were no reports that the Government monitored or prevented opposition
meetings.
Both the APC and the SLPP continued to implement the provisions of
the Joint Communique signed after the March 2009 riots between
supporters of the two parties. Most significantly, the SLPP rededicated
its headquarters building, which was damaged during the riot. A
commission of inquiry on the riots did not recommend prosecutions or
disciplinary actions against police or others.
On other occasions police forcibly dispersed demonstrators. Police
occasionally were unable to control violence, and demonstrators at
times attacked police stations. For example, motorbike taxi service
operators (``okadas'') clashed with police officers in various parts of
the country during the year. In September ``bike riders'' in Kailahun
District burned down two traffic posts while protesting what they
perceived as a unilateral decision by police to restrict their business
hours. In Freetown on several occasions ``bike riders'' engaged in
impromptu demonstrations against police officers who were, in the
protesters' eyes, arbitrarily enforcing motorcycle registration and
safety laws through fines and confiscations. Although the protests were
violent, there were no reports of deaths or injuries.
After a CDIID investigation, in the early part of the year the SLP
compensated families of three persons who were killed in September 2009
when a crowd attacked a small police station in Lungi because of anger
over the station's ineffectiveness in handling a crime spree.

Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right in practice.

c. Freedom of Religion.--For a description of religious freedom,
please see the Department of State's 2010 International Religious
Freedom Report at http://www.state.gov/g/drl/rls/irf/.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice; however, there were reports that police officers who operated
security roadblocks outside of the capital often extorted money from
motorists.
The border shared with Liberia was officially open, and authorities
generally allowed refugees, returnees, and other persons to move
regularly between the two countries; however, police, customs, and army
personnel demanded bribes at border crossing points.
The law does not provide for forced exile, and the Government did
not use it.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees.
The law provides for refugee status as defined by international
convention to be granted to eligible asylum seekers. The UN High
Commission for Refugees (UNHCR) worked with government authorities to
develop standard operating procedures for refugee status determination.
In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion.
According to the UNHCR, the Government did not provide temporary
protection to certain individuals who may not qualify as refugees under
the 1951 convention and the 1967 protocol.
The Government offered to assist Liberian refugees requesting
repatriation. However, only 34 refugees were repatriated during the
year. A ``profiling survey'' completed by the UNHCR in June showed that
only 1 percent of the approximately 8,900 Liberian refugees in Sierra
Leone wished to be repatriated, while 75 percent were undecided and 24
percent opted for local integration. UNHCR acknowledged the
Government's efforts, through the National Commission for Social Action
(NaCSA), to integrate refugees who are unwilling or unable to return to
Liberia in accordance with the Refugees Protection Act of 2007.
There were no reports of discrimination against refugees with
regards to employment, access to social services, or to police and
courts.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, and generally free and fair elections based on
universal suffrage.

Elections and Political Participation.--In peaceful presidential
and parliamentary elections held in August 2007, the opposition APC won
a majority in parliament, with party leader Ernest Bai Koroma elected
president. However, there were multiple reports of harassment and
intimidation of members of opposition parties. There were also reports
of voter coercion by party bosses and traditional leaders. Domestic and
international observers characterized the parliamentary elections as
generally free and fair. However, the Commissioner of the National
Election Commission (NEC), who was appointed by the SLPP (the party in
power at the time of the elections), invalidated the results from 477
polling stations during the second round of balloting in the
presidential election on suspicion that ballot boxes were stuffed. The
SLPP, which lost the presidency, did not contest the results but
initiated a court case against the Commissioner for her actions. As of
the end of the year, the case had not been resolved.
On December 11, a by-election for Chairman of the Kono District
Council was held, the first election of the 2010-2015 election cycle
that will include the 2012 presidential election. In November
supporters of the ruling APC attacked and damaged the district offices
of the opposition SLPP and disrupted an SLPP rally in Kono. The
Government belatedly denounced the attacks and harassment but took
steps to ensure that the by-election was held peacefully and fairly. In
addition to increasing the number of police in the district from 120 to
400, the Government also brought together leaders of the various
political parties, the heads of the quasi-governmental NEC, the
Political Parties Registration Commission (PPRC), and the Sierra Leone
Police under the auspices of the UNIPSIL to sign a document outlining
ground rules for all participants and their supporters in the election.
There were no reports of violence or irregularities at any of the
polling stations on election day. The Government welcomed observers
from foreign missions and NGOs such as National Elections Watch. The
APC candidate won the election, and the results were certified with no
objections from the other parties.
The PPRC, which governed the behavior of political parties, does
not have the authority to sanction any political party for
inappropriate behavior. It received two inter- and intra-party
complaints during the year and acted as a mediator to address the
problems. The PPRC can use only moral persuasion to convince persons
and parties to act according to agreed-upon guidelines, such as the
parties' constitutions.
A parallel unit of local government is the paramount chief, who is
elected for a life term. Candidates for the position are limited to
members of local ruling houses. Only tribal authorities (those who
collected local taxes from at least 20 taxpayers) were allowed to vote
for paramount chief, and in the north only men could be designated as
tribal authorities. Although paramount chiefs' authority exists
independently of the central government and local councils, they
frequently displayed party affiliations, were influenced by the party
in power, and allegedly influenced the votes of their constituents. In
turn, political parties were known to interfere with elections of
paramount chiefs during the year. The election of paramount chiefs at
times exacerbated ethnic tensions.
Women have the right to vote, but husbands or other patriarchal
figures are known to influence their decisions. Of the 124
parliamentarians, 16 were women. Women held one of the 20 cabinet
positions. There were four female judges out of seven judges on the
High Court, and the chief justice was a woman. Three out of six judges
on the Court of Appeal were women.
All citizens have the right to vote; however, citizenship at birth
is granted only to persons of ``Negro-African descent,'' thus
disenfranchising the significant number of Lebanese persons who were
born and continued to reside in the country. Persons of Lebanese
descent may apply to be naturalized, and once naturalized are eligible
to vote in all national and local elections. However, the Government
has not approved new naturalizations since 2002.
Ethnic affiliations traditionally have been a strong influence in
political party membership for the country's two dominant ethnic
groups, the Mende and Temne, each of which accounted for approximately
30 percent of the population. The Mende traditionally supported the
SLPP and the Temne the APC. Other than ethnic Limbas, the third-most
populous ethnic group who traditionally have supported the APC, the
country's other ethnic groups had no strong political party
affiliations. During the year opposition parties accused President
Koroma of filling key government positions only with persons from the
north. Although the president did not respond directly and specifically
to these concerns, his early December cabinet shake-up increased the
number of ministers and from the Eastern and Southern provinces to 30
percent, up from the previous 20 percent. Ministers from the north now
occupy 62 percent of the cabinet offices and 8 percent are held by
ministers from the western peninsula. Meanwhile, in the run up to the
2012 presidential election, the SLPP began positioning itself as a
party that truly represented all of the country's ethnic, religious,
and regional groupings. In early August the PPRC, in response to two
newspaper editorials that were perceived to be fanning the flames of
tribal enmity, issued warnings to the two major political parties, the
APC and the SLPP, not to appeal to ethnicity.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government made some attempts to implement the law. Despite several
well publicized cases of corruption in the executive, legislative, and
judicial branches, officials sometimes engaged in corrupt practices
with impunity. Police and prison staff regularly extorted or solicited
bribes from detainees and prisoners. Low salaries and a lack of
accountability exacerbated official corruption. The World Bank's most
recent Worldwide Governance Indicators reflected that corruption was a
severe problem.
The head of the Anticorruption Commission (ACC), Abdul Tejan-Cole,
resigned in July. He was replaced by Joseph Fitzgerald Kamara, the
former deputy prosecutor in the Special Court of Sierra Leone. The ACC
made some progress in curbing corruption during the year and improving
transparency by enforcing the new tougher penalties and implementing
broader prosecutorial powers in anticorruption laws.
During the year the Government implemented its five-year national
action plan to combat corruption, and ministries began including
anticorruption activities into their strategic plans. The ACC conducted
sensitization campaigns with the public and government ministries, and
enforced whistleblower protection measures.
Corrupt procurement practices were a problem, and several
ministries were under investigation during the year.
For example, in March the former director of procurement for the
Ministry of Defense, Joe Michael Sewoh, and Major Idriss Sonkoi Kamara
of the RSLAF were convicted on abuse-of-office charges for seeking to
influence bidding on Ministry of Defense supply orders. Each was
sentenced to three years' imprisonment and a fine of 90 million leones
($23,000).
In April former minister of fisheries and marine resources Haja
Afsatu Kabba was indicted on seven counts of misappropriation of public
funds and abuse of office. In October she was found guilty on five
counts and ordered to pay 450 million leones ($112,500) in restitution
and fines in order to avoid a three-year prison sentence.
As of year's end the trial of former minister of health and
sanitation Sheiku Tejan Koroma on charges of abuse of public office,
abuse of public position, and failure to comply with government
procurement laws and policies continued.
On October 26, the ACC indicted former commissioner general of the
National Revenue Authority Alieu Sesay, his wife, and four private
contractors on 57 counts of violation of the 2008 Anti-Corruption Act,
abuse of office, and influence-peddling. He and his wife were arrested
on October 27 and posted bail; the case continued at year's end.
During the year, the ACC recovered approximately 1.3 billion leones
($325,000) from public officers and private business officials in
fines, restitutions, and settlements in corruption-related cases.
Although the ACC does not proactively offer to settle cases out of
court, suspects may request a settlement, and many cases were resolved
in this way. Several defendants also chose to pay fines rather than
face custodial sentences. The ACC initiated 171 investigations during
the year. Since 2008 the ACC has the authority to prosecute cases
directly without first having to refer them to the Ministry of Justice
and in practice prosecuted cases itself. Four prosecutions by the ACC
were either concluded or still in progress by the end of the year.
As of the end of September, all government ministers and members of
parliament had complied with a 2008 law requiring public officers,
their spouses, and children to declare their assets and liabilities.
There is no provision in the law for public access to government
information; however, the Government at times provided such access to
citizens and noncitizens, including foreign media.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated with few government restrictions, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views.
The independent National Forum for Human Rights (NFHR) served as an
umbrella organization for human rights NGOs in the country. There were
41 human rights NGOs registered with the NFHR, and all were reportedly
active. Most domestic human rights NGOs focused on human rights
education. A few NGOs, including the Campaign for Good Governance,
LAWCLA, Tinap for Justice, and Access to Justice, monitored and
reported on human rights abuses.
A variety of domestic and international human rights groups
(including Amnesty International, Freedom House, and Human Rights
Watch) generally operated without government restriction, investigating
and publishing their findings on human rights cases. Government
officials were generally cooperative and responsive to their views.
The HRC-SL generally operated without government interference;
however, government agencies were slow to support the commission. The
organization was also hampered by lack of funds. In July the commission
initiated the drafting of the country's national action plan for human
rights in preparation for its Universal Periodic Review at the UN Human
Rights Council scheduled for 2011. In March, HRC-SL published its
annual report on the state of human rights in Sierra Leone in 2009,
which it presented to the president and the Speaker of Parliament. Both
the president and the parliament accepted and praised the report
without reservations. In addition the commission initiated a working
group with the UN Office of the High Commissioner for Human Rights and
the international community to coordinate human rights activities in
the country. HRC-SL continued its efforts at enforcement of the Child
Rights Bill, and three gender bills. There was increased use of its
system for reporting human rights violations.
The Parliamentary Human Rights Committee operated without
government or party interference. It focused on keeping human rights
issues on the parliamentary agenda, paving the way for the passage of
amended laws and ratification of international conventions, and doing
public outreach.
The trial before the SCSL in The Hague of former Liberian president
Charles Taylor for crimes against humanity and war crimes in the
country continued at year's end.
Revolutionary United Front leaders Issa Sesay, Morris Kallon, and
Augustine Gbao, whom the SCSL found guilty in 2009 of war crimes,
crimes against humanity, and other serious violations of international
humanitarian law, were incarcerated in Rwanda.
Truth and Reconciliation Commission (TRC) recommendations continued
to be implemented, providing a forum for publicly airing the grievances
of victims and the confessions of perpetrators during the civil war.
The Government took steps to implement a reparations program for the
victims of the conflict as recommended by the TRC. Efforts were
underway to establish a trust fund for war victims. However, many NGOs
continued to be disappointed by the slow or delayed implementation of
some of the TRC recommendations, such as the trust fund and separating
the positions of attorney general and minister of justice, which
requires a constitutional amendment.
The UN and numerous domestic and international NGOs continued to
educate and sensitize the population about the TRC and the SCSL, and
the Government generally supported these efforts.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Citizenship is generally limited to persons of ``Negro-African
descent,'' but the law otherwise prohibits discrimination based on
race, tribe, sex, place of origin, political opinions, color, or creed.
However, the Government did not effectively enforce these provisions,
and a number of legal acts and customary laws contravene these
constitutional provisions.

Women.--The law prohibits rape, which is punishable by up to 14
years' imprisonment; however, rape was common and viewed more as a
societal norm than a criminal problem. The law does not specifically
prohibit spousal rape. Cases of rape were underreported and indictments
were rare, especially in rural areas. A reluctance to pursue justice
for women, combined with women's lack of income and economic
independence, helped perpetuate violence and impunity against women.
However, since the establishment of the Family Support Units (FSUs) and
the passage of the Gender Acts in 2007, reports of rapes, especially
involving child victims, steadily increased. Rapes of children as young
as a few months old were documented. Rape victims, especially when
pregnancy occurred, were encouraged to marry their attackers, although
some NGOs reported that this practice appeared to be waning.
From January to August, the FSU recorded 723 cases of sexual
assault. In these cases, 345 perpetrators were charged, while 291 were
still under investigation. The remaining 87 cases were either withdrawn
or dismissed as lacking merit. The International Rescue Committee (IRC)
reported that at least 25 cases resulted in convictions, with
perpetrators receiving sentences of between 18 months and seven years.
Rape cases frequently were settled out of court or did not make it to
trial because of inefficiencies and corruption in the judicial system.
Most legal advisors assigned to prosecute rape cases had only three
weeks' training and could not compete against well trained defense
lawyers. Most perpetrators were known to their victims and included
teachers, family friends, relatives, traditional leaders, and
neighbors. The JSDP noted an increase in adolescent boys as
perpetrators.
Medical and psychological services for rape victims were limited.
Rape victims were required to obtain a medical report for the filing of
charges, examinations, reports, and court appearances. Most government
doctors charged 10,000 to 70,000 leones ($2.50 to $17.80), fees which
were prohibitively expensive for most victims. The IRC ran Rainbo
Centers in Freetown, Kenema, and Koidu to perform medical examinations,
provide counseling for victims of sexual assault, and offer legal
assistance for victims who wanted to prosecute their cases. However,
these Rainbo Centers were the only such centers in the country, and
many victims had no access to medical attention or services.
Domestic violence is an offense under the 2007 Domestic Violence
Act, punishable by a fine of up to 5 million leones (approximately
$1,250) and up to two years in prison. However, violent acts against
women, especially wife-beating and rape, were common and often
surrounded by a culture of silence. The police were unlikely to
intervene in domestic disputes except in cases involving serious injury
or death. The SLP used mediation as its primary tool for handling
domestic violence. Between January and August, the FSUs noted that
1,477 women reported domestic violence. Of these cases 298 perpetrators
were charged, and 663 were under investigation at year's end. The FSU
does not maintain statistics on conviction rates, but NGO reports
indicate few perpetrators were convicted due to poorly trained
prosecutors and out-of-court settlements. In addition NGOs observed in
many cases that women withdrew rape or nonrape violence complaints due
to social stigma, fear of retaliation, or acceptance of payment in lieu
of pressing charges to alleviate their extreme poverty. The lack of
convictions resulted in a high degree of impunity for rape and nonrape
violence. Awareness of the law has resulted in an increase in reported
cases in urban areas; however, most human rights organizations noted
that domestic violence continued to be most prevalent and largely
underreported in the northern provinces.
According to the United Nations Children's Fund (UNICEF), the
majority of women felt that wife-beating was justified for actions such
as going out without telling a husband, neglecting the children,
refusing sex, or burning food. Women suspected of marital infidelity
often were subjected to physical abuse. Because husbands could claim
monetary indemnities from their wives' partners, beatings often
continued until the women named several men, even if there were no such
relationships. There were also reports that women suspected of
infidelity were required to undergo animistic rituals to prove their
innocence.
FGM in the country is performed predominantly by women's secret
societies. The UN and NGOs reported a decline in the practice, likely
due to increased awareness and intervention; although many in secret
societies, particularly ``sowies,'' the women who perform genital
cutting, continued to advocate for the practice. During the year the UN
reported that 35-40 percent of women and girls in Sierra Leone had been
subjected to FGM.
For more details on FGM, see Section 6, ``Children.''
No NGO or government agency identified sex tourism as a problem
during the year. The country's tourist industry overall is still in a
nascent stage. Inappropriate sexual conduct by temporary visitors, such
as tourists or businessmen, appears to be opportunistic, and not the
purpose of their visits to the country.
Sexual harassment in the workplace is not specifically prohibited
by law, and it was widespread.
Women and men generally were free to decide responsibly the timing,
number, and spacing of their children: 70 percent of women and couples
who practiced family planning made independent decisions, while 30
percent reported that other influences and pressures, such as family
and religion, were determinant factors in family-planning decisions.
The Ministry of Health and Sanitation reported that between January and
June there were 118,922 clients for family planning services, and long-
term and permanent treatments, such as intrauterine devices (IUDs) and
tubal ligation, increased in popularity. Statistics showed, however,
that the contraception prevalence rate ranged from 8 to 20 percent, and
of the women using family planning methods, 51 percent did not discuss
it with their partners.
The Ministry of Health and Sanitation and NGOs made efforts to meet
the demand for oral contraceptives. However, outreach teams rarely
served rural women and families. Many parents refused contraceptives
for their sexually active teenage children because of a
misunderstanding that contraceptives would prevent pregnancy later in
life.
Approximately 44 percent of women gave birth in hospitals between
January and June, while a further 51.5 percent gave birth at
``peripheral health units,'' grassroots health posts located primarily
in rural areas. Health professionals delivered 66 percent of births.
However, few hospitals offered full obstetric and postpartum services.
Most women did not have access to transportation to make regular
doctor's visits or lived in locations where few services were offered.
Women also rarely had equal access to family finances, and male
partners did not always see pre- and post-natal care as a priority.
During the year one in 32 women died in childbirth. In April the
Government launched an initiative to provide free health care for
pregnant women, lactating mothers, and children under the age of five,
which according to a midyear survey, was credited with increasing the
number of live births and reducing the incidences of death in
childbirth. Under the aegis of the Office of the First Lady, the
Government also launched the Women's Initiative for Safer Health, which
works at the community level in other areas of women's health, such as
repairing obstetric fistula, sanitation, prevention of infectious
diseases, and extending micro-credit to budding female entrepreneurs.
Women were diagnosed more frequently than men with sexually
transmitted infections and HIV/AIDS because they were tested as part of
their obstetric care. Men were more likely to wait for testing until
they exhibited physical symptoms. There was an active government
campaign to test more women during the prenatal period.
The 2009 Registration of Customary Marriage and Divorce Act
empowers either spouse to acquire property and guarantees that gifts,
payments, or dowries upon marriage are nonrefundable, allowing women in
unhappy marriages to divorce without being forced to return dowries.
The 2007 Devolution of Estates Act provides for intestate
succession including the transmission of property to the deceased's
spouse and/or children as well as to single persons who cohabited with
the deceased for 10 or more years. One noticeable problem with the law
was its definition of ``property'' as mutually owned land; since land
outside of Freetown is generally communal or family property, it was
difficult to prove that a couple owned the land together and that the
wife thus had a right to it.
Early in the year, the Ministry of Social Welfare, Gender, and
Children's Affairs began implementation of the Sierra Leone National
Gender Strategic Plan, a four-year (2010 to 2013) strategic framework
drafted in conjunction with the UN Population Fund (UNFPA) and the UN
Development Fund for Women (UNIFEM). The ministry indicated its
intention to work with local and international NGOs and other
government ministries to implement the two acts mentioned above, as
well as the 2007 Domestic Violence Act, collectively known colloquially
as ``the gender acts.'' By year's end, several ``sensitization
programs'' had been conducted around the country, particularly in the
areas of fighting sexual and gender-based violence and teaching rural
women about their rights under the Devolution of Estates Act.
Women faced widespread legal and societal discrimination,
particularly in matters of marriage, divorce, property, and
inheritance, which are guided by customary law in all areas except the
capital. Formal laws apply in customary as well as formal courts, but
customary judges had limited or no legal training and often were
unaware of or could choose to ignore formal laws. Chiefs sometimes
colluded with men to evict women and children forcibly from their homes
or to subject them to arbitrary detention. In some cases chiefs imposed
arbitrary and exorbitant fines, imprisoned women unlawfully in their
homes or ``chiefdom jails,'' and expelled them from the community. The
women's rights and status under customary law varied significantly
depending upon the ethnic group to which they belonged, but such rights
and status were routinely inferior to that of men. Under customary law
women's status in society is equal to that of a minor. A woman is
frequently perceived to be the property of her husband, to be inherited
on his death with his other property. In rural areas polygyny was
widespread; UNICEF estimated in 2007 that 43 percent of women were
involved in polygynous unions. All women in the Western (Freetown)
Area, which is governed by general law, had a statutory right to own
property in their own names. However, women in the provinces, which are
governed by customary laws that vary from chiefdom to chiefdom, did
not.
In the Temne ethnic group women could not become paramount chiefs,
subordinate chiefs, or chiefdom authorities; however, in the Mende
ethnic group, there were several female leaders. Every local council
had at least one female representative. In March the High Court
overturned a ban on women's becoming a paramount chief in the Kissy
Teng chiefdom in Kailahun District.
Women did not have equal access to education, economic
opportunities, health facilities, or social freedoms. In rural areas
women performed much of the subsistence farming and had little
opportunity for formal education. According to a 2008 government
survey, 66 percent of women had never been to school, compared to 50
percent of men. Women also experienced discrimination in access to
employment, and it was common for a woman to be dismissed if she became
pregnant during her first year on the job. Further discrimination
occurred in access to credit, equal pay for similar work, and the
ownership and management of a business.
The Ministry of Social Welfare, Gender, and Children's Affairs has
a mandate to protect the rights of women; however most international
and domestic NGOs complained that the ministry lacked the resources,
infrastructure, and support of other ministries to handle effectively
its assigned projects. The ministry routinely relied on the assistance
of international organizations and NGOs to help combat women's rights
violations.
Women were active in civic and philanthropic organizations.
Domestic NGOs such as 50/50, the Forum for African Women
Educationalists, and the Women's Forum raised awareness of gender
inequality and other women's issues, and they encouraged women to enter
politics as candidates for mayoral positions and local councils.

Children.--Citizenship derived by birth is restricted to children
of parents of ``Negro-African descent.'' Children not meeting the
criteria must be registered in their parents' countries of origin.
The Office of the Chief Registrar in the Birth and Deaths
Department, which falls under the purview of the Ministry of Health and
Sanitation, reported that during the year 104,996 live births were
registered. This represents a 3.3-percent increase over 2009. A total
of 1,834 stillbirths (an increase of 15 percent over 2009) were
registered. Birth registration was not universal due to inadequate
staffing and resources. The Chief Registrar also noted that a lack of
registration materials (e.g., paper forms) also hindered new
registrations. However, lack of registration did not affect access to
public services, nor did it result in statelessness.
Primary school education is tuition-free countrywide. However, many
parents were unable to put their children through primary school
because they could not afford school uniforms, books, and fees charged
by school authorities. The average educational level for girls was
markedly below that of boys, and only 25 percent of women were
literate. At the secondary level, pregnancy forced many girls out of
school. The law allows girls to return to school after giving birth,
but many communities did not respect that right.
Sexual violence against children was a growing problem; however,
the Government took few steps to address the issue. The FSUs are
trained in dealing with sexual violence against children, and cases of
child sexual abuse generally were taken more seriously than adult rape
cases. However, in many cases of sexual assault against children,
parents accepted payment instead of taking the perpetrator to court due
to difficulties dealing with the justice system, fear of public shame,
and economic hardship. Although the FSUs were seen to be improving
their ability to prevent and respond to cases, the conviction numbers
remained very low. From January to August, the FSU reported 66 cases of
child abuse. Perpetrators in 11 cases were charged, and 29 cases are
still under investigation, while the remaining cases were withdrawn or
resolved through informal negotiation.
The 2007 Child Rights Act does not explicitly address FGM. However,
the Ministry of Social Welfare, Gender, and Children's Affairs
interprets de facto FGM within the section of the law that prohibits
subjecting anyone under the age of 18 to harmful treatment, including
any cultural practice that dehumanizes or is injurious to the physical
and mental welfare of the child. The Ministry continued to implement
the Child Rights Act and the International Convention on the Rights of
the Child, to which the country is a signatory, but there were no
prosecutions for FGM during the year. Although police occasionally
detained practitioners on accusations of forced mutilation or
manslaughter, human rights workers reported that police remained
hesitant to interfere in cultural practices. The UN agencies (including
UNFPA, UNIFEM, UNICEF, and World Health Organization) continued to work
with local NGOs such as the Amazonian Initiative Movement and the
Advocacy Movement Network to tackle FGM. The UN and the Ministry of
Health and Sanitation also conducted research on the link between FGM
and obstetric fistula in order to present a medical argument against
the practice.
At the community level the UN and local NGOs worked with
traditional leaders and local chiefs on a range of interventions,
including sensitization meetings and efforts to persuade local chiefs
to impose by-laws outlawing FGM for children. During the year
traditional leaders in the southern district of Pujehun signed a
memorandum of understanding with ``sowies'' (FGM practitioners) to
increase the minimum age of initiations the ``sowies'' performed to 18
years. The UN also held workshops for local social workers and
traditional leaders on prevention measures, as well as health care and
psychosocial support for victims.
NGOs reported a decline in the practice of FGM, likely due to
increased awareness and interventions. FGM was practiced on girls as
young as two years old, and many NGOs reported cases in which toddlers
underwent FGM because their very young age made it cheaper for parents.
Although the law prohibits marriage of girls under the age of 18,
including forced marriage, forced child marriage continued to be a
problem. UNICEF estimated in 2008 that 56 percent of women had been
married before age 18.
Child rights laws also provide for the creation of family courts
and child committees at the local government level, but NGOs reported
that significant work remained to be done to establish such entities
nationwide. There are 70 child welfare committees across the country,
but they were not fully functioning. As of August the FSU reported 66
cases of child cruelty, of which nine had been charged in court. There
were no convictions.
Child prostitution continued to be a growing problem. A UNICEF
analysis of Freetown and Bo indicated that over half of the street
children survived through prostitution. NGOs stated that there appears
to be little political will to address the problem effectively.
Statutory rape and child pornography are not addressed specifically in
the law, but according to the Ministry of Social Welfare, Gender, and
Children's Issues, these crimes would be covered under the Child Rights
Act of 2007, which prohibits ``cruel, inhuman, and degrading
treatment'' of any child, defined as persons under the age of 18.
Besides prostitution, many children were forced to engage in petty
trading and other economic activities to survive and were vulnerable to
trafficking and other exploitive practices.
According to a UNICEF report in 2009, there were 54 residential
homes for approximately 1,800 orphans. The quality of care at the
facilities varied, but most of those that failed to meet minimum
standards were shut down. Each facility provided at least one meal a
day, some health care, and some type of education. The regulatory
framework for licensing new orphanages had not been approved by the Law
Office at year's end.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual Report on Compliance with the Hague Convention on the
Civil Aspects of International Child Abduction at http://
travel.state.gov/abduction/resources/congressreport/congressreport--
4308.html.

Anti-Semitism.--No data exists on the size of the country's Jewish
population, and no synagogues or other Jewish religious organizations
were registered with the Inter-Religious Council (IRC). No acts of
anti-Semitism were reported during the year.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at http://www.state.gov/g/tip

Persons With Disabilities.--The law does not prohibit
discrimination against persons with physical and mental disabilities,
and offers no specific protections for such persons. The law does not
mandate accessibility of buildings or assistance to disabled persons.
There was no government policy or program to assist persons with
disabilities; public facility access and discrimination against persons
with disabilities were not considered public policy priorities.
Although there was no formal discrimination against persons with
disabilities in employment, education, access to health care, or in the
provision of other state services, an April survey by a UK-based NGO
found in practice persons with disabilities had less access to such
services. In addition given the high rate of general unemployment, work
opportunities for persons with disabilities were few, and begging by
persons with disabilities was commonplace. Children with disabilities
were also less likely to attend school than other children due to the
lack of an official inclusive education policy.
There is considerable stigma associated with and discrimination
against persons with mental health issues. The Sierra Leone Psychiatric
Hospital in Kissy, the country's only in-patient psychiatric
institution, had beds for 400 patients but housed only 100 patients due
to staff and resource constraints, as the hospital was poorly funded by
the Government and received only small donations from private
charities. Patients were generally released to their families or
communities as soon as possible, and received follow-up counseling on a
regular basis. The hospital estimated that 550,000 citizens needed some
form of psychiatric care due to post-traumatic stress disorder arising
from the 1991-2002 civil war, depression due to socio-economic
problems, and drug abuse. Men and women were housed in separate wards,
and there was no mingling between the sexes. The hospital lacked
adequate beds and mattresses which are easily destroyed by the patients
and could not provide sufficient food to sustain them. Patient
restraints were primitive due to lack of resources. The hospital did
not have running water and only sporadic electricity due to lack of
funds to buy fuel for the facility's generator. Basic medications were
available, although the hospital suffered from a lack of a variety of
drugs targeted at specific problems.
The Ministry of Health and Sanitation is responsible for providing
free primary health care services to persons with polio and diabetic
retinopathy as well as those who are blind or deaf. However, these
services were not provided consistently, and organizations reported
that many persons with disabilities had limited access to medical and
rehabilitative care. The National Committee for Social Action provided
some support through limited programs to vulnerable communities. The
Ministry of Social Welfare, Gender, and Children's Affairs has a
mandate to provide policy oversight for issues affecting persons with
disabilities but had limited capacity to do so.
Some of the many individuals maimed in the civil war, including
those who had their limbs amputated, received special assistance from
local and international humanitarian organizations. Such programs
involved reconstructive surgery, prostheses, and vocational training to
help victims acquire new work skills; however, amputees complained that
they did not receive sufficient assistance compared to former
combatants, who received aid through the demobilization process. In
response to TRC's recommendations, the Government accepted in principle
the need to develop an aid program for war wounded, amputees, and
victims of sexual violence; however, assistance to these groups
remained limited and mostly funded by outside entities.

National/Racial/Ethnic Minorities.--The ethnically diverse
population consisted of about 18 ethnic groups of African origin, many
of whom spoke distinct languages and were concentrated outside urban
areas. In addition there were significant Lebanese and Indian
minorities, and small groups of European and Pakistani origin. Little
ethnic segregation was apparent in urban areas, where interethnic
marriage was common. The two largest ethnic groups were the Temne in
the North and the Mende in the South. These groups each constituted an
estimated 30 percent of the population; however, the Krio, who make up
7 percent of the population, have historically dominated the civil
service and judiciary. Strong ethnic loyalties, bias, and stereotypes
existed among all ethnic groups. The Temne and Mende have vied
historically for political power, and the violence during the 11-year
civil war had some ethnic undertones. Ethnic loyalty remained an
important factor in the Government, the armed forces, and business.
Complaints of ethnic discrimination in government appointments,
contract assignment, and military promotions were common under the
former SLPP and current APC governments.
Residents of non-African descent faced some institutionalized
discrimination, particularly in the areas of citizenship and
nationality. The 1973 Citizenship Act, as amended in 2006, restricts
citizenship by birth only to persons of ``Negro-African descent,''
effectively denying citizenship to many locally born residents, most
notably the six to seven thousand-strong Lebanese community. Non-
``Negro-African'' persons may apply for naturalization, but all
applications must be approved personally by the president. In practice,
however, no president has signed any naturalization certificates since
the end of the civil war in 2002. (Lebanese law makes provisions for
citizenship by blood, conferring citizenship on any person born in
Sierra Leone to citizens of Lebanon upon application to the Lebanese
embassy in Freetown. Thus, Lebanese born in Sierra Leone are not
stateless.)
A small percentage of the Lebanese population was naturalized
during a previous period of government leniency, and they enjoy the
full rights of citizenship, such as suffrage, access to health care and
education, and the right to purchase freehold land. However,
naturalized citizens of non-``Negro-African'' descent cannot transmit
citizenship to their children born in the country; these children must
apply for naturalization if they want to become citizens. While not
entitled to the rights of citizens, non-naturalized persons born in the
country are, however, entitled to a Sierra Leonean passport, and many
Lebanese Sierra Leoneans travel on one with no problems.
In August a businessman of Lebanese descent who was born and raised
in the country charged the Government with racism and threatened to go
on a hunger strike until he was naturalized. In response the Government
agreed to study amendments to the 1991 constitution regarding
citizenship rights, and the president expressed a general willingness
to approve naturalization applications, but at the end of the year the
Government had taken no actions. The Lebanese community reported no
cases of overt discrimination based on race or nationality, although
community leaders stressed that even though many Lebanese families have
resided in the country since the 1880s, they still feel alienated from
the indigenous population.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The constitution does not
offer protection from discrimination based on sexual orientation. A law
from 1861 still in force prohibits male homosexual acts; however, there
is no legal prohibition against female-to-female sex. The 1861 law
carries a penalty of life imprisonment for indecent assault upon a man
or 10 years for such an attempted assault. However, the law was not
enforced in practice due to the secrecy surrounding homosexual conduct
and the tendency for communities to discriminate against individuals
rather than to enforce legal codes.
There were a few organizations working to support gay, bisexual,
lesbian, and transgender persons. Because such individuals were not
culturally accepted, particularly among men, the groups had to remain
underground and hidden for fear of discrimination or violence against
their members. Gay pride parades and other public displays of
solidarity could not safely take place. There were unofficial reports
of beatings by police and others, particularly targeting men dressed as
women, but formal complaints were not filed due to fear of reprisal.
Lesbian girls and women were also victims of ``planned rapes'' that
were initiated by family members in an effort to change their sexual
orientation.
Social discrimination based on sexual orientation occurs in nearly
every facet of life for known gays and lesbians, and many choose to
have heterosexual relationships and family units to shield them. In the
areas of employment and education, sexual orientation is the basis for
abusive treatment, which has led individuals to leave their jobs or
courses of study. It is difficult for gays and lesbians to receive the
health services they need, due to fear that their confidentiality
rights would be ignored if they were honest about their ailments; many
choose not to be tested or treated for sexually transmitted infections.
Secure housing is also a problem for gays, lesbians, bisexuals, and
transgender persons. Gay children frequently are shunned by their
families, leading some to turn to prostitution to survive. Adults can
lose their leases if their sexual orientation becomes public.

Other Societal Violence or Discrimination.--The law prohibits
discrimination based on actual, perceived, or suspected HIV status;
however, persons with HIV/AIDS were stigmatized in society. There was
no official discrimination against HIV/AIDS positive persons, but NGOs
reported children were denied access to education because of their HIV
status. HIV/AIDS-positive adults lacked employment and promotion
opportunities. There were also reports that men often divorced their
HIV/AIDS-positive wives, leaving them without financial support.
Reports of violence against HIV/AIDS-positive persons were
uncommon; families were instead more likely to abandon them. NGOs noted
that, due to discrimination and stigmatization, those living with HIV/
AIDS sometimes chose suicide rather than facing their communities.
Section 7. Worker Rights

a. The Right of Association.--The law allows workers, in both the
public and private sectors to join unions of their choice without prior
authorization or excessive requirements; however, it prohibits civil
service employees, police, and members of the armed services from
joining unions. The law allows unions to conduct their activities
without interference, and the Government generally protected this
right; however, in some private industries employers were known to
intimidate workers to prevent them from joining a union. By year's end
the Government had not granted a bargaining certificate to the Civil
Servants' Union, whose application had been on file since 1986.
According to the Ministry of Labor, approximately 35 to 40 percent of
workers in the formal economy were unionized, including mainly
agricultural workers, mineworkers, and health workers. Unions have the
right to strike, although the Government could require 21 days' notice,
and workers exercised this right in practice. The law does not prohibit
retaliation against strikers, even when the strike is lawful. In March
doctors and nurses staged a 10-day strike, and as a result, President
Koroma agreed to significant salary increases.

b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining, and the Government generally
protected this right in practice. Collective bargaining must take place
in trade group negotiating councils, each of which had an equal number
of employer and worker representatives. Collective bargaining was
widespread in the formal sector, and most enterprises were covered by
collective bargaining agreements on wages and working conditions. No
reliable data was available on the percentage of workers covered by
collective agreements. There was at least one case where an employer
did not respect the terms of a collective bargaining agreement. In
October electrical workers staged a protest at the National Power
Authority for the authority's failure to implement an agreed-upon wage
increase.
The law neither prohibits antiunion discrimination against union
members nor employer interference in the establishment of unions. In
March, King's Production Industry of Freetown, a soft-drinks
manufacturer, laid off 29 workers. All of the laid-off workers were
members of the Hotel, Food, Drinks, Entertainment, and Tobacco Union,
which had begun to organize the plant in late 2009.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced and compulsory labor, including by children; however, the
Government did not effectively enforce the law, and the practice of
forced labor occurred, particularly in diamond mining. Under the law,
individual chiefs may impose forced labor as punishment and have done
so in the past; however, there were no reported occurrences during the
year. Chiefs also may require villagers to contribute to the
improvement of common areas, a practice that occurred in rural areas.
There is no penalty for noncompliance.
Also see the Department of State's annual Trafficking in Persons
Report at https//www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor is widespread. Almost half of children aged 14-15 years
were engaged in some form of child labor. The rate varied from 27
percent in urban areas to 57 percent in rural areas. The law limits
child labor, allowing light work at age 13, full-time work at age 15,
and hazardous work at age 18. The law states that children under 13
should not be employed in any capacity; however, enforcement was not
effective.
Provided they have finished schooling, children aged 15 may be
apprenticed and employed full-time in nonhazardous work. The law also
proscribes work by any child under 18 between 8 p.m. and 6 a.m. The law
sets health and safety standards and requires school attendance through
the age of 15, but the Government did not enforce this. Many of the
laws were not enforced because of lack of knowledge, societal
perception of children's roles, and poverty.
In many cases children worked alongside parents or relatives and
abandoned educational or vocational training. There were no reports
that authorities conducted any child-labor inspections during the year.
In rural areas children worked seasonally on family subsistence
farms. Children also routinely assisted in family businesses and worked
as petty vendors. Adults engaged street children to sell, steal, and
beg. Because the adult unemployment rate remained high, few children
were involved in the industrial sector or elsewhere in the formal
economy.
There were reports that foreign employers hired local children to
work as domestic laborers outside the country at extremely low wages
and in poor conditions. The Ministry of Social Welfare, Gender, and
Children's Affairs was responsible for reviewing the issuance of
passports to minors but did not do so effectively, and the prevalence
of document fraud made effective government oversight difficult.
There were reports that children whose parents sent them to friends
or relatives in urban areas for education were forced to work on the
street. There also were reports that adults asked orphanages for
children to be used as household help.
Many girls, particularly those displaced from their homes and with
few resources, resorted to prostitution as a means of support.
In remote villages children were forced to carry heavy loads as
porters, resulting in stunted growth and development. Children were
also engaged in sand mining, fishing, hawking, diamond mining, granite
quarrying, and prostitution. While the law prohibits forced and bonded
labor by children, the Government did not effectively enforce the law,
and child labor remained a problem. Forced and child labor occurred in
diamond mining.
The Ministry of Labor was responsible for enforcing child labor
laws. The Ministry of Mineral Resources enforced regulatory
prohibitions against the worst forms of child labor. The ministry also
was charged with protecting children working in the diamond mining
areas; however, enforcement was not effective.
The Freetown City Council contributed nonfinancial support to
programs that provided free schooling and services to at-risk youth.
Also see the Department of State's annual Trafficking in Persons
Report at http//www.state.gov/g/tip.

e. Acceptable Conditions of Work.--The national minimum wage,
covering all occupations including in the informal sector, was set at
25,000 leones ($6.35) per month, which did not provide a decent
standard of living for a worker and family. The Ministry of Labor is
responsible for enforcing the minimum wage, but it lacked the resources
to do so effectively, and compliance was difficult to monitor in the
informal sector. Most workers supported an extended family. It was
common to pool incomes and to supplement wages with subsistence farming
and child labor.
Although not stipulated by law, the standard workweek was 40 hours
(60 hours for security personnel). Employers negotiated work hours with
employees at the time of hiring, and overtime was to be paid if an
employee's work hours exceeded the standard workweek. There was no
prohibition on excessive compulsory overtime.
The Ministry of Health and Sanitation was responsible for setting
and enforcing health and safety standards. Although the Government set
these standards, it did not provide the funding to enforce them
properly. Trade unions provided the only protection for workers who
filed complaints about working conditions. Initially a union could make
a formal complaint about a hazardous working condition. If this
complaint was rejected, the union could issue a 21-day strike notice.
However, no such actions were reported during the year. Workers who
removed themselves from dangerous work situations without making a
formal complaint risked being fired.
The law protects both foreign and domestic workers; however, there
were fewer protections for illegal foreign workers.

__________

SOMALIA

Somalia\1\ has an estimated population of seven million. The
territory, which was recognized as the Somali state from 1960 to 1991,
fragmented into regions led in whole or in part by three distinct
entities: the Transitional Federal Government (TFG) in Mogadishu, the
self-declared Republic of Somaliland in the northwest, and the
semiautonomous region of Puntland in the northeast. The TFG was formed
in late 2004, with a five-year transitional mandate to establish
permanent, representative governmental institutions and organize
national elections. In January 2009an expanded Transitional Federal
Parliament (TFP), established under the internationally backed Djibouti
Peace Process (DPP), extended the TFG's mandate until August 2011 and
elected Sheikh Sharif Sheikh Ahmed as TFG president. The DPP stalled in
2009 as the Government came under pressure from armed extremist groups
and the TFG's top leadership engaged in political infighting.
---------------------------------------------------------------------------
\1\ The United States does not have diplomatic representation in
Somalia, and U.S. government personnel were not permitted to travel
regularly into any of the territory of the former state of Somalia
during the year. This report draws in large part on non-U.S. government
sources.
---------------------------------------------------------------------------
On June 26, the Somaliland administration conducted its second
direct presidential election in five years. On July 2, the Somaliland
independent national elections commission declared Ahmed Mohamed
Mohamud ``Silanyo'' as the winner in a presidential election that
domestic and international observers declared as free and fair.
Islamist extremists increased attacks on Puntland regional
officials. During the year 50 senior government officials and security
officers were killed in roadside bombs and gun violence, mostly in
Puntland's Bari Region. In Somaliland's disputed Sool and Sanaag
regions, disaffected sub-clans waged sporadic violence against
government officials.
Security forces reported to civilian authorities in the Puntland
and Somaliland administrations. Even though TFG security forces
reported to civilian authorities, there were instances in which
elements of the security forces acted independently of civilian
control.
There were reports of several isolated incidents where rogue TFG
troops and allied militia opened fire on public transport vehicles,
extorted money at checkpoints, and looted private businesses. In most
of these cases, other TFG security forces intervened. Puntland security
forces indiscriminately repatriated internally displaced southern
Somalis, resulting in family separations and the loss of property and
business. The administration alleged that the southerners were
responsible for insecurity in Puntland. Fighting by TFG troops, allied
militias, and African Union Mission in Somalia (AMISOM) forces against
antigovernment forces, terrorist groups, and extremist elements
affected thousands of civilians in Mogadishu. Intermittent resource-
related sub-clan disputes escalated into minor armed conflicts.
Targeted assassinations continued. Terrorist group al-Shabaab claimed
responsibility for suicide and roadside bombings against TFG troops,
government officials, and AMISOM peacekeepers. There were four suicide
bombings that targeted TFG officials and offices and AMISOM
installations. Security forces in Puntland and Somaliland reported to
government authorities, such as the Ministry of Defense. While TFG
forces reported to government authorities, TFG-allied militia/
paramilitary forces reported to clan or factional militia commanders
and were outside the control of official authorities. There were
instances when TFG security forces acted independently of civilian
control. During the year TFG forces, with AMISOM support, increased the
amount of TFG-controlled territory in Mogadishu to as much as 60
percent of the city.
Despite security and capacity problems, the TFG continued to focus
on human rights. It designated a human rights official in the Ministry
of Justice and a Focal Point for Human Rights and Child Protection in
the Office of the Prime Minister and participated in international
efforts to encourage better human rights practices. The human rights
situation in al-Shabaab and allied extremist-controlled areas
deteriorated further during the year. Absence of effective governance
institutions and rule of law, the widespread availability of small arms
and other light weapons, and al-Shabaab's increased enforcement of
extremist societal norms contributed to a worsening human rights
situation, particularly in Central and South Somalia.
Human rights abuses included arbitrary killings, kidnappings,
torture, rape, amputations, and beatings; official impunity; harsh and
life-threatening prison conditions; and arbitrary arrest, deportation,
and detention. In part due to the absence of functioning institutions,
perpetrators of human rights abuses, mostly in al-Shabaab controlled
areas of Central and South Somalia, were rarely punished. Denial of a
fair trial and limited privacy rights were problems, and there were
restrictions on freedoms of speech, press, assembly, association,
religion, and movement. Discrimination and violence against women,
including rape and female genital mutilation; child abuse; recruitment
of child soldiers; trafficking in persons; abuse of and discrimination
against clan and religious minorities; restrictions on workers' rights;
forced labor; and child labor were also problems.
Members of extremist antigovernment groups, and the al-Shabaab
terrorist organization, some of whose members were affiliated with al-
Qaida, committed an increasing number of egregious human rights
violations, including killings of TFG officials and civilians;
kidnappings and disappearances; attacks on journalists, aid workers,
civil society leaders, and human rights activists; restrictions on
freedom of movement; and displacement of civilians. In an August 10
media release, the UN Independent Expert (UNIE) on the Situation of
Human Rights in Somalia listed as human rights abuses: ``summary
executions, including beheadings of innocent people, amputations,
flogging, whipping, forcible marriage of young girls to militiamen, use
of civilians as human shields, imposition of the strictest dress code
on women and prohibition of the use of public mass media, and the bans
imposed on listening to music and public gathering, all with lack of
due process.''
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--The TFG or its
agents did not commit any politically motivated killings. However,
there were several reports that the TFG or its agents committed
arbitrary or unlawful killings. Security forces reportedly killed
several drivers of public transport vehicles and passengers at
Mogadishu checkpoints. There were no reports that Somaliland and
Puntland administrations or their agents committed arbitrary or
unlawful killings.
Fighting between TFG forces and allied militias against extremist
antigovernment groups resulted in at least 2,000 civilian deaths in
Mogadishu. Al-Shabaab and other extremist groups committed political
killings and assassinations in Puntland and the South and Central
Regions of Somalia (see section 1.g.).
Politically motivated killings by extremist antigovernment elements
and terrorist organizations resulted in the deaths of approximately 10
senior TFG officials, including members of parliament and security
officials (see section 1.g.).
Prominent peace activists, community leaders, clan elders, and
their family members became targets and were killed or injured for
their roles in attempted peace building. There were no reports of
government involvement in these killings, but the Government neither
identified nor was capable of punishing the perpetrators. Reports
indicated that al-Shabaab and its affiliated militias were behind many
of these killings. On June 27, unknown gunmen killed a father and his
son in Elasha Biyaha locality near Mogadishu. The victims reportedly
worked with a local telecommunications company. On June 29, unknown
assailants shot and killed Abdi Mohamed Kahiye, a well-known
businessman in the Bakara market. Kahiye reportedly was targeted for
his critical views of al-Shabaab and insurgent group Hisbul Islam who
control the market. On August 15, unidentified armed men killed Mohamed
Tahlil Warsame, chairman of the Council of Somali Peace Seekers, in
Elasha Biyaha. On several occasions, al-Shabaab leaders issued death
threats against anyone working for or suspected of having links to the
TFG.
There were no reports that the Government summarily executed
persons during the year and no reports that excessive force by the TFG
resulted in the death of demonstrators.
Unlike in 2009, there were no reports of excessive force by
Somaliland government forces resulting in the deaths of demonstrators.
There were no reports of government forces deliberately killing
street children; however, children were caught in crossfire during
fighting between forces.
Throughout the year militants periodically fired mortars at Villa
Somalia, the presidential palace in Mogadishu. On July 1, an improvised
explosive device detonated inside a meeting hall in the presidency a
few hours before a planned ceremony for Somalia's 50th Independence Day
anniversary. On August 30, al-Shabaab mortars hit the presidential
palace compound, killing four AMISOM peacekeepers. Several other mortar
attacks on the president's residence landed in surrounding
neighborhoods, causing civilian deaths, injuries, destruction of
property, and displacement. In August and September, an al-Shabaab
offensive in Mogadishu resulted in high civilian casualties and new
displacements. The UN High Commissioner for Refugees (UNHCR) estimated
230 civilians were killed, 400 injured, and 23,000 displaced from their
homes during the first two weeks of fighting. In April 2009 a mortar
attack on the parliament building in Mogadishu killed a police officer
and three children and wounded several other persons. In May 2009
mortar attacks on the police academy killed and wounded civilians in
the vicinity. In September 2009 groups associated with al-Shabaab
launched mortar attacks on a disabled veterans' home, killing an
estimated 11 and wounding 20; al-Shabaab claimed responsibility.
Fighting among armed moderate and extremist religious factions as
well as between extremists themselves caused hundreds of civilian
casualties and displacements. On April 27, for example, clashes between
the TFG-allied Ahlu Sunna Wal Jama'a (ASWJ), a historically
nonpolitical moderate Islamic organization, and al-Shabaab in Mogadishu
killed an estimated 15 civilians and injured 50 others. Most of the
civilian casualties were caused by mortar exchanges between the two
groups. On June 2, several persons were killed in clashes between ASWJ
and al-Shabaab in Marergur, Galgaduud Region.
Senior members of the TFG were killed. For example, on May 9,
unknown gunman shot and killed Ali Yare, deputy police chief of
Darkenley police station in Mogadishu. On July 9, Salad Hared Farah,
spokesman for TFG militia in parts of Hiraan Region, was killed in
Beledweyne; al-Shabaab in Beledweyne claimed responsibility.
On August 24, two al-Shabaab gunmen disguised in TFG military
uniforms killed 31, including four members of parliament (MPs), at the
Hotel Muna in Mogadishu's Hamarweyne District. On September 9, AMISOM
peacekeepers disrupted an al-Shabaab attack on a meeting of TFG and
international officials at Mogadishu airport. Three peacekeepers and
several civilians were killed in the gunfire and suicide explosions.
During the year several Puntland officials were also killed. For
example, on January 5, unknown gunmen shot and killed Abdullahi Ali
Osman, a Puntland MP, as he left a mosque in Bossaso. Police arrested
two suspects. On July 10, a roadside bomb killed four Bossaso port
security police and wounded eight.
Islamic extremists imposed strict social edicts resulting in the
deaths of several persons.
During the year unknown assailants killed two journalist and media
owners (see section 2.a.).
Attacks on humanitarian workers, nongovernmental organization (NGO)
employees, and foreign peacekeepers resulted in deaths during the year
(see section 5).
Hundreds of civilians were killed in inter- or intra-clan militia
clashes throughout the country. The killings resulted from clan
militias fighting for political power and control of territory and
resources; revenge attacks; banditry and other criminal activity;
private disputes over property and marriage; and vendettas after
incidents such as rape, family disagreements, killings, and abductions.
Authorities investigated very few of these cases, and there were few
reports that any of the cases resulted in formal action by the local
justice system.
Despite local efforts to mitigate interclan conflicts, Galkayo and
surrounding nomadic villages experienced the most severe and frequent
armed clashes in the country. An estimated 100 civilians were killed
and hundreds others displaced from their homesteads in water and land
resource-related reprisal attacks during the year. Intermittent
intraclan armed clashes over resource sharing were also reported in
other parts of the Mudug Region, as well as in remote villages between
Burao and Buuhoodle towns, in Bari Region, and in parts of Bay, Lower
and Middle Shabelle, Hiraan, and Galgaduud regions, resulting in
several civilian deaths.
No action was taken against security force or militia members who
committed killings in 2009 or 2008, and there was little progress in
the investigations of killings reported in previous years. On January
17, a Bossaso court found Abdinassir Ahmed Ali guilty of the November
2009 killing of Judge Mohamed Abdi Warabe and sentenced him to death by
firing squad. Two accomplices were sentenced to jail terms of three and
10 years. On August 12, residents of Jurile village, 70 miles south of
Bossaso, awarded compensation to the victim of an unjustified 1996
vigilante killing.
Land mines throughout the country caused numerous civilian deaths
(see section 1.g.).

b. Disappearance.--During the year there were no reports of
politically motivated disappearances, although these types of
disappearances could have easily been concealed due to overall
insecurity in the country. Abduction as a tactic in clan disputes,
however, was reported but less frequently than in previous years. The
Somali NGO Safety Preparedness and Support Program reported a decreased
incidence of kidnapping, in part because of fewer international staff
in the country.
Clan militia groups and criminal gangs made ransom demands on
abductees or demanded property or hostage exchanges as preconditions to
the release of abductees. Unlike the previous years where the majority
of reported kidnappings were in the southern regions of Somalia,
especially in areas surrounding Mogadishu, most kidnappings were
reported in the Sool and Sanaag and Mudug regions. Two NGO workers were
kidnapped during the year (see section 5).
There was a general decline in the number of maritime piracy
attacks and the kidnapping of ship crew in the first quarter of the
year in the Gulf of Aden as a result of international antipiracy
efforts and cooperation of the shipping industry. However, the number
of successful piracy attacks increased in the second half of the year
and continued to complicate humanitarian efforts to provide essential
commodities to thousands of people in need (see section 1.g.). Sources
from international NGOs suggested that pirates were holding
approximately 20 vessels and 630 persons at year's end.
Government officials did not undertake investigations into or
actions against kidnappers. According to the UN Office for the
Coordination of Humanitarian Affairs (UNOCHA), 10 aid workers, the
majority kidnapped in previous years, still remained in captivity at
year's end.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Transitional Federal Charter (TFC) prohibits torture.
The Puntland Charter, also referred to as the Puntland interim
constitution, prohibits torture ``unless sentenced by Islamic Sharia
courts in accordance with Islamic law.'' There were no reports of the
use of torture by TFG, Puntland, or Somaliland administrations during
the year. Various clan militias, al-Shabaab, and Hisbul Islam continued
to torture their rivals and civilians.
Unlike in previous years, there were no reports of police raping
women; however, there continued to be reports of irregular/clan
militias using rape to punish and intimidate rivals. Rape was commonly
perpetrated in interclan conflicts.
There were no reports of TFG, Puntland, or Somaliland authorities
taking action against persons or groups responsible for torturing,
beating, raping, or otherwise abusing persons.
During the year TFG officials were victims of assassination
attempts. On May 27, the TFG's humanitarian affairs minister Mohamamud
Abdi Ibrahim survived a roadside explosion. The minister's car was in a
convoy transporting two other ministers at the time of the explosion.
Three of the minister's security team and a child and an adult near the
site of the explosion were injured.

Prison and Detention Center Conditions.--Prison conditions remained
harsh and life threatening in all regions. Overcrowding, poor sanitary
conditions, lack of access to health care, and inadequate food and
water persisted in prisons throughout the country. Tuberculosis, HIV/
AIDS, and pneumonia were widespread. Abuse by guards was common.
Detainees' families and clans generally were expected to pay the costs
of detention. In many areas prisoners depended on food received from
family members or from relief agencies.
As a result of the worsening security situation and infiltration of
violent extremists in TFG-controlled parts of Mogadishu, TFG police
arrested suspects in security operations. However, there were fewer
prisoners and detainees held in TFG prisons than in previous years. TFG
prison officials reported that there were an estimated 400 prisoners
held at Mogadishu central prison. As part of their efforts to
strengthen the rule of law and improve security in Somalia, in mid-
September official foreign donors sponsored training for the TFG Police
Advisory Committee (PAC) held in South Africa. PAC is a civilian
oversight authority established to ensure prisoners and detainees are
treated in accordance with international human rights standards.
There have been no reports of TFG-allied militias operating
detention centers since the end of Abdullahi Yusuf's regime in 2008.
Antigovernment extremist elements and clan leaders, however, reportedly
continued to operate detention centers in which conditions were harsh
and guards frequently abused detainees. Al-Shabaab and affiliated
extremist armed groups operated dilapidated detention centers in areas
under their control in the south and central regions. Although there
were no official numbers, informal/unpublished sources estimated that
thousands were incarcerated throughout extremist-controlled areas in
inhumane conditions for relatively minor offenses such as smoking,
listening to music, watching or playing soccer, and not wearing the
hijab. There were no reports by human rights organizations and civil
society leaders in Mogadishu of the existence of makeshift detention
centers in Mogadishu where prisoners were held during and after
episodes of heavy fighting.
In prisons and detention centers, juveniles frequently were held
with adults. The incarceration of juveniles at the request of families
who wanted their children disciplined continued to be a major problem.
Female prisoners were separated from males. Particularly in the south
central region, pretrial detainees were often not separated from
convicted prisoners.
The Puntland and Somaliland administrations permitted prison visits
by independent monitors. A September 2009 report by the UNIE described
conditions at Puntland's Garowe central prison as ``terribly bad'' due
to lack of capacity. The updated March 23 UNIE report referred to
``terrible detention conditions of the central prison in Garowe, in
particular keeping prisoners in shackles.''
Somaliland authorities and the UN Development Program (UNDP) set up
an independent prisoner monitoring committee. The UNDP also trained the
prison custodial corps on human rights. There were no visits by the
International Committee of the Red Cross to prisons in the country
during the year; however, a prisons conditions management committee
organized by UNDP and composed of medical doctors, government
officials, and civil society representatives continued to visit prisons
in Somaliland. During the year UNDP managed a program to improve
Somaliland prisons by building new facilities and assisting in training
wardens and judicial officials.

d. Arbitrary Arrest or Detention.--In the absence of enforced
constitutional or other legal protections, the TFG, its allied
militias, and various clan militias across the country continued to
engage in arbitrary arrest and detention without due process. Although
precise figures were unobtainable, local human rights organizations and
international organizations reported that, although there were fewer
arrests than the previous years, the TFG continued to arrest and detain
persons, most of whom were quickly released. There were no allegations
that these detainees were subjected to beatings, mistreatment, or
torture.
In the wake of increased extremist-instigated insecurity in
Bossaso, Puntland, security forces reportedly arbitrarily arrested
people, especially immediately after security incidents. The victims of
arbitrary arrests in Puntland were mostly journalists and Somalis from
the South. While arbitrary arrest or detention was a common phenomenon
in the previous Somaliland government, there was none reported during
the year.
Al-Shabaab and Hisbul Islam militias across the south central
region arbitrarily arrested persons and detained them without charge.

Role of the Police and Security Apparatus.--The police were
generally ineffective, underpaid, and corrupt. With the possible
exception of a few UN-trained police known as the Somali Police Unit,
members of the TFG titular police forces in Mogadishu often directly
participated in politically based conflict and owed their positions
largely to clan and familial links rather than to government
authorities. There were no allegations of TFG security officials
engaging in extrajudicial killings; however, as in previous years,
there were some media reports of TFG troops engaging in indiscriminate
firing on civilians, arbitrary arrest and detention, extortion,
looting, and harassment.
In all three regions, abuse by police and militia members were
rarely investigated, and a culture of impunity remained a problem.
Police generally failed to prevent or respond to societal violence.

Arrest and Detention.--Judicial systems were not well established,
were not based upon codified law, did not function, or simply did not
exist in most areas of the country. The country's previously codified
law requires warrants based on sufficient evidence issued by authorized
officials for the apprehension of suspects; prompt notification of
charges and judicial determinations; prompt access to lawyers and
family members; and other legal protections for the detained; however,
adherence to these procedural safeguards was rare. There was no
functioning bail system or the equivalent.
Arbitrary arrest was a problem countrywide.
Authorities in Puntland arbitrarily arrested journalists (see
section 2.a.). Al-Shabaab and associated militia routinely arrested and
threatened journalists as well.
There were no reports of TFG forces arresting journalists, NGO
workers, or UN employees (see section 4). Similarly, there were no
reports of TFG-allied militia arresting persons at random and demanding
``bail'' from their family members as a condition for their release.
However, media reports indicate that TFG security forces and corrupt
judicial officers, politicians, and clan elders used their influence
and monetary inducements to set detainees free from allegations of
petty and extreme crimes.
Unlike in previous years, there were no reports of politically
motivated arrests in Somaliland. Authorities in Somaliland, Puntland,
and the TFG arrested or detained numerous persons accused of terrorism
and of supporting al-Shabaab.
Extremist elements also arrested and detained persons in their
areas of control. For example, on January 25, Hisbul Islam militia
arrested three traditional elders for allegedly holding unauthorized
meetings with residents of Hakow village in the Lower Shabelle Region.
The elders were moved to and detained at Toratorow town before their
release on January 27 after the intercession of other elders. On April
17, armed al-Shabaab militia in Baidoa arrested Alin Hilowle, program
officer of the Isha Human Rights Organization, and detained him at an
undisclosed location. It was later confirmed that Hilowle was
transferred to Mogadishu where he was reportedly tortured into
confessing that he had been compiling and relaying information
regarding al-Shabaab human rights abuses in Bay and Bakol regions.
There were unconfirmed media reports that Hilowle escaped from al-
Shabaab custody in early October after they allowed him to attend the
burial of one of his sons in Baioda under tight security. Hilowle's
whereabouts remained unknown.
On August 11, Hisbul Islam militia arrested Haji Jaylani Moalim, a
renowned herbalist, and three of his children at their home and
detained them without charge. The family was released after one week in
custody.

e. Denial of Fair Public Trial.--The TFC provides for an
independent judiciary, but there was no functioning judicial system for
the TFG to administer.
The TFC provides for a high commission of justice, a Supreme Court,
a court of appeal, and courts of first instance; however, in practice
no such courts exist. Some regions established local courts that
depended on the predominant local clan and associated factions for
their authority. The judiciary in most areas relied on some combination
of elements from traditional and customary law, Sharia, and the penal
code of the pre-1991 Said Barre government. In May 2009 President
Sheikh Sharif ratified a parliamentary bill establishing Sharia
nationwide; however, at year's end there were no official institutions
charged with the administration of Sharia. In August 2009 President
Sharif established a military court for members of the TFG armed
forces, but this court did not operate in practice. In areas that al-
Shabaab controlled, Sharia was enforced; however, there were no trained
Sharia judges to preside over cases. Al-Shabaab's interpretation of
Sharia law resulted in uneven and at times draconian sentencing. For
example, on July 26, al-Shabaab militia publicly flogged a young man
and woman in Mogadishu's Livestock Market in the Huriwaa district for
allegedly having sexual intercourse outside of wedlock. An al-Shabaab
``judge'' announced that the young woman confessed to the relationship,
and she was consequently whipped 100 lashes. The young man denied the
charges and was subsequently whipped 30 lashes.
The Somaliland constitution provides for an independent judiciary;
however, the judiciary was not independent in practice. The Somaliland
constitution is based on democratic principles, but the region
continued to use laws that predate the constitution, some of which
contradict democratic principles. Functional courts exist, although
there was a serious lack of trained judges and a shortage of legal
documentation to build judicial precedence. Untrained police and other
unqualified persons reportedly served as judges. International NGOs
reported that local officials often interfered in legal matters and
that the Public Order Law in Somaliland was often used to detain and
incarcerate persons without trial.
The Puntland interim constitution provides for an independent
judiciary; however, the judiciary was not independent in practice. The
charter also provides for a Supreme Court, courts of appeal, and courts
of first instance. Despite having some functionality, these courts
lacked the capacity to provide equal protection under the law.
Traditional clan elders mediated and resolved intra- and inter-clan
conflicts throughout the country. During the year traditional elders in
Somaliland intervened in political disputes between the Government and
opposition political parties. Clans and sub-clans frequently used
traditional justice, which was swift. Traditional judgments sometimes
held entire opposing clans or sub-clans responsible for alleged
violations by individuals.

Trial Procedures.--Without a functioning judicial system, there
were no standard trial procedures in the southern and central regions.
The TFC provides for the right of every person to legal proceedings in
a competent court. The TFC states every person enjoys the presumption
of innocence, the right to be present and consult with an attorney at
any time, and adequate time and facilities to prepare a defense. It
also provides a guarantee of free legal services for individuals who
cannot afford them. While not explicitly mentioned in the TFC, there
was a presumption of the right to a public trial and jury, rights
pertaining to witnesses and evidence, and the right of appeal. Most of
these rights were not respected in practice and did not exist in those
areas that applied traditional and customary practices or Sharia.
With the support of UNDP programs addressing judicial reform,
Somaliland registered some improvement, except in cases of a political
nature. Defendants generally enjoyed a presumption of innocence, the
right to a public trial, and the right to be present and consult with
an attorney in all stages of criminal proceedings. Defendants can
question witnesses and present witnesses and evidence on their behalf
and have the right of appeal. Somaliland provides free legal
representation for defendants who face serious criminal charges and are
unable to hire the services of a private attorney. Authorities in this
region did not recognize the TFC and continued to apply the Somaliland
constitution and pre-1991 laws. However, a worrying trend of regional
and district security committees circumventing due process by ordering
arrests and issuing sentences continued. Reportedly, hundreds of
persons were serving varying prisons terms imposed by security
committees.
In Puntland, clan elders resolved the majority of cases using
traditional methods known as Xeer; those with no clan representation in
Puntland, however, were subject to the administration's more formalized
judicial system. In this system, as outlined in Puntland's interim
constitution, defendants enjoy a presumption of innocence, the right to
a public trial, and the right to be present and consult with an
attorney at all stages of criminal proceedings. Defendants can question
witnesses and present witnesses and evidence on their behalf and have
the right of appeal. There were numerous alleged instances of political
and executive interference in the determination of high-profile
political or security cases, especially concerning journalists. As in
the other regions, the constitution stipulates that free legal
representation be provided for defendants who cannot afford an
attorney; in practice, these and other rights were not respected.

Political Prisoners and Detainees.--There were no official reports
of political prisoners or detainees, although some arrests and
detentions, especially in Somaliland, appeared to be politically
motivated. In September 2009 there were reports that Somaliland
authorities arrested and detained more than 100 persons, including
several opposition leaders, after four persons were killed during
demonstrations in Hargeisa. In August an estimated 270 prisoners,
including those arrested in September 2009, were released from
Somaliland prisons through a presidential amnesty.
Somaliland's Parliamentary Committee on Justice and Constitution
reported in March that half of the 765 prisoners and remandees held in
the Mandheera Prison were detained on the orders of regional or
district security committees. There was no information available for
instances of political prisoners in either Puntland or TFG controlled
areas.

Civil Judicial Procedures and Remedies.--The inability of the
judiciary to handle civil cases involving such matters as defaulted
loans or other contract disputes encouraged clans to take matters into
their own hands and led to increased inter-clan conflict. There were no
lawsuits seeking damages for, or cessation of human rights violations
due to the inadequate, nonexistent, and/or routinely corrupt court
system. With the breakdown of the rule of law and the lack of a
coherent legal system or effective government, individuals were not
afforded adequate protection or recourse.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The TFC provides for the sanctity of private property
and privacy. Unlike previous years, there was a reduction in reports of
both TFG and extremist militia involved in looting, land seizure, and
forced entry into homes in Mogadishu and elsewhere with impunity. The
Puntland interim constitution and the Somaliland constitution recognize
the right to private property. There were no reports of authorities in
those regions infringing on these rights.
On July 7, TFG-allied militia looted and forcefully extorted money
from small-scale traders in Mogadishu's Wadjir District. The TFG did
not take action against the perpetrators. Although there were fewer
reported cases of TFG militia and allied forces extorting money from
taxi, bus, and truck drivers, the practice continued during the year,
at times resulting in civilian deaths. For example, on April 16, a TFG
militia member at the Mogadishu-Afgooye Road checkpoint killed a
passenger and wounded a driver following a disagreement.

g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Killings.--Fighting during the year between TFG and allied forces
against al-Shabaab and Hisbul Islam resulted in the deaths of more than
2,000 civilians throughout Somalia. In Mogadishu, al-Shabaab conducted
almost daily attacks and offensives against the TFG and AMISOM; there
were numerous media reports of civilian deaths from TFG and AMISOM
forces responding to these attacks. According to the Mogadishu-based
Elman Human Rights Organization, violence in Mogadishu killed an
estimated 918 civilians. According to Lifeline, a Mogadishu-based local
human rights organization that provides free ambulances to Mogadishu
residents, 5,814 civilian injuries were reported during the year. On
January 14, al-Shabaab launched an attack on the presidential palace,
killing 21 civilians and injuring 30.On January 31, a barrage of TFG/
AMISOM mortar attacks against militant positions in Yaqshiid and
Huriwaa districts of Mogadishu killed 14 and injured 50 civilians. On
June 3, clashes between al-Shabaab and the TFG in Mogadishu killed 20
and injured an estimated 80 civilians. Conflicts in various parts of
the country displaced thousands of people throughout the year.
All parties to the conflict reportedly employed indiscriminate
lethal tactics; generally, no action was taken against those
responsible for the violence. Antigovernment and extremist groups,
particularly al-Shabaab, were responsible for launching mortar attacks
from hidden sites within civilian populated areas and using civilians
as human shields. For example, on November 17, artillery gunfire
between AMISOM and extremist groups killed at least 21 civilians in
Mogadishu. In addition, extremist groups conducted suicide bombings;
used land mines and remote-controlled roadside bombs; and conducted
targeted killings of journalists, aid workers, and civil society
leaders. TFG and AMISOM forces responded to these attacks, which
sometimes resulted in shelling of civilian-populated areas.
International human rights observers accused all parties to the
conflict of indiscriminate attacks, deployment of forces in densely
populated areas, and a failure to take steps to minimize civilian harm.
Since the collapse of the Government in 1991, tens of thousands of
persons, mostly noncombatants, have died in interclan and intraclan
fighting and factional armed conflict. For example, on April 25, al-
Shabaab launched mortar attacks on TFG troop's positions, and TFG
counterattacks killed 16 and injured more than 30 civilians.
Al-Shabaab and other extremist groups summarily executed an unknown
number of persons whom they accused of spying for the ``enemy''--the
TFG and AMISOM--and other specious charges in Somalia's South and
Central regions. On May 26, for example, an al-Shabaab firing squad
executed Mohamed Gaboobe, whom al-Shabaab had accused of murder. On
July 1, al-Shabaab militia executed 20-year-old Mohamed Guleid Hosh,
who was accused of insulting the Prophet Muhammad. In January 2009 al-
Shabaab publicly executed by firing squad Abdirahaman Haji Mohamed
``Waldire'' after an al-Shabaab court convicted him of espionage and
apostasy; Ahmed was a prominent Juba Region politician and militia
leader. On September 28, al-Shabaab publicly executed two young men in
Mogadishu after an al-Shabaab court convicted them of espionage. On
July 9, al-Shabaab publicly executed 38-year-old former TFG military
trainer Ibrahim Abdikadir Hasan by firing squad in Baidoa. Hassan was
arrested in March on charges of being a spy for Ethiopia. Similarly,
extremist armed groups in the Juba, Bay, and Bakol regions arrested and
beheaded several persons they accused of spying. For example, on
November 10, al-Shabaab militia beheaded four people in Waradhumale in
Galgaduud Region for their association with ASWJ, a group they
perceived as having strong ties with the TFG. In addition, on October
27, al-Shabaab executed two teenage girls, Ayan Mohamed Jama, 18, and
Huriyo Ibrahim, 15, in the al-Shabaab-controlled town of Belet Weyne
after an al-Shabaab ``judge'' sentenced the girls to death for spying.
They were executed while blindfolded and handcuffed after a hearing in
which no evidence was presented nor was legal representation allowed.
In July 2009 al-Shabaab from Bay and Bakol regions beheaded an
elderly disabled man after removing his eyes. In a move to frighten and
intimidate the citizenry, al-Shabaab reportedly fitted the man's
spectacles on his dismembered head and publicly displayed it. On July
26, Hisbul Islam militia in Afgoe, Lower Shabelle, executed a man
accused of defiling a 12-year-old girl. The man was buried waist-deep
and pelted with stones until he died. As was common in public
executions, the militia rounded up members of the community to compel
them to witness the execution.
Roadside bombings, suicide attacks, and armed raids targeting TFG
officials and sympathizers as well as civil society groups continued
throughout the year. Antigovernment extremist groups were responsible
for numerous killings of government officials and police. Politically
motivated killings by al-Shabaab and its affiliates resulted in the
deaths of several TFG officials and members of the Banadir regional
administration, including district commissioners and their deputies and
security and court officials.
Al-Shabaab claimed responsibility for several attacks against the
TFG and its supporters during the year. For example, on May 24, al-
Shabaab claimed responsibility for a landmine explosion at a TFG
checkpoint in Mogadishu's Buula Hubeey neighborhood that killed three
TFG soldiers and injured four. The explosion also injured two children.
On June 9, an explosion of a remote-controlled device killed nine TFG
police on foot patrol near the police academy, in Mogadishu's Hamar
Jajab District. Seven civilians were also killed in the attack. On
August 17, a remote-controlled roadside explosion targeting Guriel
District Commissioner Osman Isse Nur ``Tar-dhuleed'' injured two of his
children who were riding in the car with him. ASWJ militia arrested 10
suspects in the attack.
The TFG's Waberi police station commander was killed during August
23 to 25 clashes between the TFG and al-Shabaab. On August 24, an al-
Shabaab armed raid and subsequent suicide attack on a Mogadishu hotel
killed 31 persons, including four MPs. On September 20, AMISOM
peacekeepers killed a lone gunman reportedly on a suicide mission as he
tried to gain access to the presidential palace. The gunman belonged to
extremist group Hisbul Islam and reportedly intended to kill his uncle,
the interior minister. Unlike in 2009, there were no reports of al-
Shabaab taking TFG forces hostage or summarily executing any security
officers.
There were no reported cases of TFG security forces killing
civilians whom they suspected of planning attacks or giving information
to antigovernment forces, as was common in previous years; however,
civilians were killed or injured during clashes between members of the
TFG's security forces and affiliated militia in parts of Mogadishu. For
example, on February 10, armed clashes between TFG police and military
killed four and wounded several others in Hamar Jajab District. On
April 28, crossfire among TFG militia in Wadajir District reportedly
killed three and wounded another seven. Similar clashes in Madena
District the following day killed two persons and wounded five. On June
28, fighting between TFG-allied militia along Mogadishu's Afgooye-
Mogadishu road killed two persons. Clashes erupted when the militia
disagreed over extortion fees collected from vehicles at a check point.
Such intra-TFG militia clashes reportedly occurred when other security
forces intervened to stop looting and extortion, when militia disagreed
on the sharing of the loot, or over unpaid allowances.
Unlike in previous years, security forces did not kill persons
waiting for food aid.
No action was taken against security officials responsible for
civilian deaths during the year.
During the year TFG forces and AMISOM peacekeepers disrupted
several al-Shabaab attempts to topple the TFG from power. For example,
on April 27, AMISOM peacekeepers destroyed an explosives-laden truck as
it approached an AMISOM base in Mogadishu. All three suicide bombers in
the truck were killed, and two peacekeepers were injured. On September
9, al-Shabaab claimed responsibility for twin suicide truck bomb
explosions near the Mogadishu international airport. AMISOM reportedly
shot five bomb-strapped al-Shabaab militia as they tried to sneak into
the airport during the resulting mayhem. Four civilians and three
peacekeepers were killed in the attack.
In 2009 al-Shabaab killed nearly 120 persons and injured
approximately 200, mostly civilians, in eight suicide attacks against
TFG and AMISOM targets. Of these, the December 2009 suicide bombing at
the Benadir University graduation was the deadliest; the attack killed
22 civilians, including three TFG ministers, and injured as many as 50
other civilians.
Few cases of land mines and unexploded ordinance (UXO) were
reported during the year compared with 2009. However, antipersonnel and
antitank land mines, most of them remotely controlled, were frequently
deployed by antigovernment groups against TFG forces, its allied
militias, and civilians. For example, on September 1, a landmine
explosion along Mogadishu's industrial road killed an estimated nine
and injured 25, all of them passengers on three public transport
vehicles.
On January 7, a remotely detonated landmine blew up a car in a
convoy of vehicles transporting General Mohamed Gele Kahiye, TFG
military chief, killing two of his security guards and injuring six
soldiers. On July 26, extremist groups targeted TFG Mogadishu
administrators with two bombs, causing several civilian casualties. Two
TFG soldiers were killed and four wounded in a roadside explosion which
went off in the Alqalow neighborhood in Wadajir District. A similar
attack on TFG troops on patrol killed three and injured two.
On August 4, a bomb killed eight women and injured many others
working in an employment program to clean up areas of Mogadishu. This
was the second time female volunteers were targeted in Mogadishu.
Armed extremists' destruction of Sufi shrines degenerated into
attacks on places of worship. In purported intra-extremist violence on
May 1, twin explosions inside a packed mosque in Mogadishu's Bakara
market killed 45 worshippers and injured an estimated 100, including
top leaders of al-Shabaab and its allied militia. Another mosque attack
on May 2 killed two and injured 13 after prayers in the al-Shabaab-
controlled port town of Kismayo.
Attacks on and harassment of humanitarian, religious, and NGO
workers resulted in numerous deaths during the year.
Unlike previous years when UXO killed several children, there were
no reported incidents of children killed or injured in UXO-related
accidents. However, violence in Mogadishu affected many children.
According to UNOCHA, the World Health Organization estimated 262
children were among the 1,025 patients treated in the two main
hospitals in Mogadishu.
Land mines killed or injured police officers and local
administrators. For example, on May 12, former Mogadishu governor
Mohamed Omar Habeeb ``Mohamed Dheere'' escaped a roadside explosion.
The explosion killed one and injured three of his guards. On May 24, a
remote-controlled roadside bomb intended for Middle Shabelle Governor
Mohamud Ali ``Jowhar'' injured one of his assistants. On May 27, a
roadside explosion targeting a government minister's convoy in the KM4
area of Mogadishu killed one civilian and wounded two children.
On November 3, a landmine explosion killed several nomadic people
and injured others in Ilguule, Guriel District, after it blew up a
vehicle they were travelling in. On December 5, three people were
injured in a landmine explosion that destroyed a vehicle in Goldogob,
Mudug Region.

Physical Abuse, Punishment, and Torture.--On April 26, in
Mogadishu's Deyniile District, al-Shabaab chopped off the right hand of
an alleged thief and executed an accused murderer. An al-Shabaab
``Sharia'' judge claimed Shiine Abukar Hersi, whose right hand was
amputated, was charged with stealing used bedding. An al-Shabaab firing
squad executed Mohamed Ahmed Qasim, whom the al-Shabaab judge accused
of murder. On July 16, al-Shabaab militia amputated the right hands of
two young men in Balad. The al-Shabaab court convicted the two, Murshid
Ahmed Adan and Hassan Omar Mohamed, of robbery. The al-Shabaab judge
claimed Aden and Mohamed confessed to stealing 45 million Somali
shillings ($1,400) and two million Somali shillings ($60) respectively.
As in previous years, al-Shabaab carried out these amputations and
other violent physical punishment in front of community members whom
they forced to attend. Al-Shabaab carried out numerous other crude
punishments on specious grounds in areas under their control in South
and Central Somalia.
Al-Shabaab used torture on TFG members and individuals suspected to
be sympathetic to the Government.
Unlike previous years, there were no reports of extremist groups
using crude weapons to cause physical and psychological harm. In 2009
al-Shabaab militia reportedly molded plastic into sharp tools that they
used as torture instruments.
On August 16, a passerby rescued an unconscious man who was dumped
in Dayniile. The man indicated that al-Shabaab militia members had
abducted him and two others from their workplace in the Bakara market
and cut out their tongues; the two other men had already bled to death.
Al-Shabaab targeted them on suspicion that they were spies. On April
24, five headless bodies were found in Mogadishu; residents identified
the victims as construction workers who participated in the renovation
of Somalia's former parliament building. Observers believed that al-
Shabaab targeted these men for ``aiding the enemy.''

Child Soldiers.--The recruitment and use of children in militias
and other fighting forces was a longstanding practice in the country
and continued during the year. Without established birth registration
systems, it was often difficult to determine the exact age of persons,
including recruits to armed groups. The July 2009 report of the UN
Security Council Working Group on Children and Armed Conflict cited the
TFG, Ahlu Sunna wal Jama'a, al-Shabaab, Hisbul Islam, clans, and the
Puntland regional administration as continuously recruiting children
into their militias. In May the UN Children's Fund (UNICEF) and the
Office of the Special Representative of the Secretary General (SRSG)
for Children and Armed Conflict reported an increase in the recruitment
of children, some as young as nine, in armed conflict in Somalia. In
response, TFG Prime Minister Mohamed Abdullahi Mohamed committed his
government to eradicating the practice in a meeting with this SRSG and
agreed to designate a focal point to work with the UN to pave the way
towards the signing of an action plan and an official agreement to
secure and verify the release of child soldiers.
The TFG did not conscript or condone the recruitment of child
soldiers for use by its National Security Force or allied fighting
units. However, there were reports that a small number of under-age
persons remained associated with TFG forces, and the TFG pledged to
address this issue comprehensively. Children were most heavily
recruited and forcibly conscripted by clan militias and antigovernment
groups.
Al-Shabaab conscripted children into armed conflict and military
operations in addition to using them to plant roadside bombs and other
explosive devices. According to the UN, al-Shabaab recruited children
as young as eight from schools and madrassas and trained them to plant
bombs and carry out assassinations for financial reward. In May 2009
TFG police arrested 11 minors who had been kidnapped in Lower Shabelle
Region and forced into al-Shabaab militias. All of the children were
subsequently released to their parents or guardians. In Kismayo,
Baidoa, and Merka, al-Shabaab forced boys 15 and older to fight as
``mujahedeen'' or face execution. In 2009 al-Shabaab killed an
estimated 16 teenagers after they refused to become al-Shabaab
fighters.
Because of the risk in intervening directly with militia groups,
UNICEF protection partners engaged in low-profile condemnation of child
recruitment while undertaking public education and youth empowerment
initiatives. UNICEF also assisted the TFG in preparing an action plan
that would include measures to screen its troops, as well as establish
mechanisms to prevent further child recruitment.
The Somaliland constitution contains no minimum age for recruitment
into the armed forces, but there were no reports of minors in its
forces.

Other Conflict-Related Abuses.--Deteriorating security conditions
complicated the work of local and international organizations,
especially in the South. During the year attacks on NGOs, seizure of
NGO premises, and looting hindered humanitarian aid delivery. As a
result of killings, extortion, threats, and harassment, some
organizations evacuated their staff or halted food distribution and
other aid-related activities. In addition, al-Shabaab banned an
unprecedented number of international NGOs from areas under its
control, and several other international NGOs were forced to scale down
their humanitarian operations after refusing to agree to al-Shabaab
extortion demands.
During the year piracy off the coast continued; the International
Maritime Bureau identified the country's territorial waters as the most
dangerous in the world. Pirates increased hijackings and unsuccessful
attacks on vessels off the Somali coast, despite increased
international attention. Fewer incidents occurred in the Gulf of Aden
because of increased patrols, but there were more attacks further
offshore. Most of the ships continued to be brought into the waters off
the coast of Puntland and held near the coastal towns of Eyl, Hobyo,
and Haradere. Fueled by lucrative ransoms, these towns developed a
burgeoning industry to support the pirates and their hostages.
Following ransom payments, which in some cases reached several millions
of dollars, the hijacked vessels and hostages were often released. In
each instance, crews were held hostage until a ransom was paid.
Puntland security forces made little progress against pirates
operating along the coast, but there were some signs of progress over
the year. During raids on pirates' hideouts, Puntland security arrested
several suspected pirates, and some were sentenced to long jail terms
in subsequent trials. Clan elders and religious groups continued
sensitization efforts begun in 2009 in Puntland's coastal towns to
demobilize pirates and discourage youth from joining them. In part due
to their efforts, several former pirates renounced piracy. On June 16,
the Puntland administration, with the support of an NGO, enrolled
several reformed pirates in a vocational training center in Garowe to
acquire technical skills.
On May 18, Puntland police arrested 10 pirates, including pirate
cartel leader Abshir Abdullahi Boyah, and seized ransom money and a
vehicle in Garowe. On June 3, Puntland police rescued a ship and 24
crew members from pirates who had hijacked it the day before. Police
arrested 10 suspected pirates in the rescue operation, which left two
police officers injured. Puntland contracted a private security firm to
assist in its counterpiracy efforts. The firm, billed as a ``Public
Private Partnership'' by the Puntland administration, is reportedly
providing training to hundreds of antipiracy militia.
On October 11, armed pirates ambushed the Puntland minister of
ports' convoy in the Jariban, Mudug Region, where the minister was
visiting coastal communities to advocate against piracy. The pirates
reportedly took the minister hostage after brief armed clashes with the
minister's security. The pirates set him free several days later
following the intervention of clan elders who negotiated for his
release.
Twenty-two vessels and an estimated 600 crew members remained in
the custody of Somali pirates.
While the TFG did not hamper humanitarian aid delivery, it was
unable to prevent attacks on UN and NGO personnel and assets. The
deteriorating security situation and continued targeting of national
and international relief organizations presented significant challenges
to humanitarian operations, particularly in the South and parts of
Central Regions. The Inter-Agency Standing Committee on Somalia report
released in October notes that ``between October 2008 and September
2010, eighteen humanitarian organizations have stopped activities due
to their direct expulsion by armed groups or as a consequence of
interference in their programs. This interference ranges from
'taxation' and extortion to the seizure of compounds, supplies, and
assets.'' Although humanitarian access constrictions experienced in
2009 continued, there was a significant reduction in the number of
violent incidents involving humanitarian workers and assets. UNOCHA
reported 34 security incidents were directed at humanitarian workers or
assets between January and August, compared with 68 during the same
period in the previous year. This decrease could be attributed to the
more limited presence of international staff, loss of compounds, and
strict changes in and adherence to security protocols.
According to the UN secretary general's September 9 report on
Somalia, ``[insecurity] hampered United Nations operations in Somalia,
limiting freedom of movement for United Nations staff and
contractors.'' According to the report, al-Shabaab seized the compound
of the UN World Food Program (WFP) and the houses of six national staff
in Wajid and attempted to loot non-food items from the WFP compound in
Buaale.
In its August humanitarian overview report, UNOCHA reported that
Puntland had experienced some access problems, especially in July and
August, as a result of internal conflicts and looting of relief food
supplies and assets. Access was generally good in Somaliland. There was
a reduction in attacks on humanitarian personnel but a marked increase
in al-Shabaab raids on UN and international NGO compounds, offices, and
warehouses, in which they looted humanitarian supplies, food,
equipment, and other assets.
Two aid workers were killed during the year, down from 10 the
previous year. At year's end, 10 humanitarian workers who were
previously abducted still remained unaccounted for. Relief agencies
continued to operate with significantly reduced or no international
staff. Aid agencies increasingly relied on local Somali staff, who were
also under threat, and partnerships with local implementing
organizations to deliver relief assistance to vulnerable beneficiaries.
On April 27, unidentified gunmen killed Mohamed Mayow Mohamed, an
employee of a local NGO that supplies water to camps for internally
displaced persons (IDPs) around Mogadishu. On June 18, unknown armed
persons kidnapped Said Moalin Bashir, a Mine-Action employee. On August
30, a Mogadishu nurse reportedly was abducted as she left work. The
kidnappers set the nurse free on September 3, reportedly without
receiving any ransom payment.
Al-Shabaab banned approximately 10 international NGOs from working
in areas under its control. Several other NGOs suspended their
operations, being unable to meet extortion demands. On January 22, al-
Shabaab militia raided World Health Organization and Save the Children
premises in Beledweyne and looted computers and other equipment after
briefly holding local staff hostage. On April 8, al-Shabaab stormed and
took over the WFP compound in Wajid, Bakol Region. Al-Shabaab also took
control of Wajid's airstrip, which was the largest humanitarian hub in
south and central Somalia.
On August 31, al-Shabaab attacked and occupied international NGO
Adventist Relief and Development Association's offices in Beledweyne
and Bulaburde towns, Hiran Region. Evacuating the offices the same day,
al-Shabaab took with them equipment such as computers and furniture.
The organization had been implementing education and livelihood
projects, and 180,000 beneficiaries were affected by its closure.
There were no developments in kidnapping cases from 2008 and 2009.
The estimated10 aid workers kidnapped in 2008 and 2009 remained in
captivity at year's end.
In 2008 simultaneous explosions in Hargeisa targeting the UNDP, the
Somaliland Elections Commission, and the Ethiopian embassy, as well as
Puntland administration offices in Bossasso, killed 20 persons and
injured 37. On May 28, a Hargeisa regional court arraigned 11 suspects
in the attack. In July the court acquitted nine of the suspects for
lack of evidence and sentenced two others to a jail term of 18 months
each for obstruction of justice. The court also delivered in absentia
death sentences to five suspects who were on the run. On September 16,
Somaliland security arrested Osman Yusuf Odawa, one of the suspected
masterminds who had already been sentenced to death by hanging; he
remained in custody awaiting the implementation of this sentence.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The TFC and the Somaliland
constitution provide for freedom of speech and of the press. The
Puntland interim constitution provides for press freedom ``as long as
journalists respect the law''; however, this right was not respected in
practice. Instances of violence, including murder, harassment, arrest,
and detention of journalists in all regions of Somalia continued.
Journalists engaged in rigorous self-censorship to avoid reprisals.
The print media throughout Somalia consisted largely of short,
photocopied dailies published in the larger cities and often affiliated
with one or another of the factions. Several of these dailies were
nominally independent and published criticism of political leaders and
other prominent persons.
In Somaliland there were seven independent daily newspapers. There
was also one government daily and two English-language weekly
newspapers. There were three independent television stations and one
government-owned station. Although the Somaliland constitution permits
independent media, the Somaliland government consistently prohibited
the establishment of independent FM stations. The only FM station in
Somaliland was government owned.
Most citizens obtained news from foreign radio broadcasts,
primarily the BBC's Somali Service and the Voice of America's Somali
Service, which transmitted Somali-language programs daily. There were
reportedly eight FM radio stations and one short-wave station operating
in Mogadishu. A radio station funded by local businessmen operated in
the south, as did several other small FM stations in various towns in
the central and southern areas of the country. There were at least six
independent radio stations in Puntland. Conditions in the country
precluded a full accounting of all media; there were numerous small,
relatively unknown local FM radio stations throughout the country. On
March 28, in Kismayo, al-Shabaab opened an FM radio station.
Unlike in the previous years, journalists did not receive direct
threats from the TFG. However, al-Shabaab and other extremists
continued to harass journalists, and the overall climate for freedom of
speech and press deteriorated. Journalists reported that al-Shabaab
threatened to kill them if they did not report on antigovernment
attacks conducted by al-Shabaab. Reporters also remained under threat
if they published criticism of the Government. The Kismayo al-Shabaab
administration continued to enforce rules for journalists, including a
requirement to refrain from reporting news that undermined Islamic law.
Journalists and media organizations in Puntland and Southern
Somalia reported harassment, including killings, kidnappings, detention
without charge, and assaults on persons and property. As in previous
years, experienced field reporters and senior editors fled the country
due to direct threats from antigovernment groups.
During the year two journalists were killed in targeted or
collateral incidents, down from nine in 2009. On May 4, al-Shabaab
claimed responsibility for the murder of Sheikh Nur Mohamed Abkey, a
journalist with the Somali government's Somalia National News Agency.
On August 24, journalist Garkhat Awale was killed while working on the
Hurma Radio transmitter in Mogadishu. It is unclear whether he was
targeted or hit by a stray bullet.
There were no arrests in connection with any killings or attempted
killings of journalists during the year.
Unlike previous years, there were no reports that the TFG or
Somaliland ordered the arrest of journalists.
During the year there continued to be incidents of banning
journalists and arresting them in the Puntland Region. For example, on
August 10, Puntland authorities banned Nuh Musse Birjeeb, a contractor
for Voice of America, from reporting; Birjeeb had conducted an
interview with an Islamic insurgent leader. Days later, the Puntland
information minister lifted the ban. On August 13, Abdifatah Jama Mire,
director of radio station Horseed Media, was arrested for broadcasting
an interview with an armed Muslim extremist leader active in Puntland.
Seventeen hours later, Mire was sentenced to six years in prison for
his actions. At year's end his case was being appealed. On August 15,
the Puntland information minister banned media from reporting on
violent extremist leaders active in Puntland.
Several broadcasting stations were closed or expropriated by
extremist administrations during the year. For example, on March 24,
al-Shabaab took over radio stations in Kismayo and Baidoa. On August
23, al-Shabaab militia expropriated privately owned Radio Holy Qur'an
and continued to use the station's radio frequency for its propaganda.
The original owners relocated to TFG-controlled areas of Mogadishu and
started broadcasting in an attempt to reclaim the station's brand. In
September al-Shabaab closed and looted Hornafrik. In April 2009 al-
Shabaab closed Radio Mandeeq after it broadcast news about a clan
dispute. Also in April 2009, the al-Shabaab administration in Baidoa
closed Radio Jubba and detained three journalists who were freed the
following day after an agreement that the station would no longer
broadcast music. In September 2009, al-Shabaab ordered the closure of
Radio Warsan, a local FM station in Baidoa, and detained the radio's
director, Hilal Sheikh Shuayb. He was reportedly arrested for failure
to obey al-Shabaab's order for radio stations to stop broadcasting
advertisements with music and to broadcast the call for prayer. He was
released after two days in detention.
Journalists reported continued pressure from al-Shabaab and
opposition elements to provide favorable reporting for each side, with
threats of reprisal if reporting was perceived to be critical of them.
On March 18, al-Shabaab warned the director of Shabelle Radio not to
air information about the TFG. The same month al-Shabaab arrested two
other journalists in Gedo Region for reporting unfavorably about the
group. The journalists, who worked for Somali Broadcasting Corporation
and Somaliweyn Radio, were held for three days, during which time they
were beaten and drenched with mud, according to their statements to the
media. On April 13, al-Shabaab banned all Somali radio stations from
playing music. Many complied under the implied threat of violence.
Unlike in previous years, there were no reports that the TFG
pressured journalists to produce positive reporting.

Internet Freedom.--There were no government restrictions on access
to the Internet; however, extremists in Mogadishu reportedly closely
monitored Internet use and were believed to be the authors of anonymous
e-mail threats to local journalists. Media outlets continued to create
Web sites associated with their broadcast operations, resulting in a
proliferation of news-oriented Somali language Web sites. According to
International Telecommunication Union statistics for 2008,
approximately 1 percent of the country's inhabitants used the Internet;
however, independent researchers noted this figure may be higher
because Internet users frequently accessed the technology in cyber
cafes and other public centers and Somalia's Internet country domain
was not in use at the time; the domain was still not in use at year's
end.

Academic Freedom and Cultural Events.--There were several
functioning universities-three each in Mogadishu, Somaliland, and
Puntland. Dozens of others existed only in name. Authorities imposed
restrictions on academic freedom, and academics practiced self-
censorship. In Puntland, a government permit was required to conduct
academic research.
During the year there were fewer direct attacks on schoolchildren,
teachers, and schools across the country. Most attacks involved
indirect or stray fire on children and schools due to fighting or
mortar shelling in Mogadishu. In one case, university students
reportedly were among nine killed when a roadside bomb, probably
intended for AMISOM troops, hit a minibus on August 31. Unlike in
previous years, TFG forces were not responsible for any of these
attacks. Al-Shabaab, other antigovernment groups, and ordinary
criminals were responsible for targeted attacks.
There were no developments in the 2008 incident in which TFG
security forces stormed the Somali Youth League Primary and Secondary
school and the Imam Shafi'i Primary School in Mogadishu.
Al-Shabaab and armed militia associated with the former Union of
Islamic Courts attacked schools and killed teachers and other education
workers. For example, in February 2009, unknown armed militia
forcefully entered Yusuf Kownayn School in Mogadishu's Wadajir
District. The militia reportedly robbed, beat up, and harassed teachers
and students.
There were no official restrictions on attending cultural events,
playing music, or going to the cinema outside of al-Shabaab controlled
areas. However, the security situation effectively restricted access to
and organization of cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The TFC, Somaliland, and Puntland constitutions provide for
freedom of assembly; however, the lack of security effectively limited
this right in many areas. Unlike in previous years, there were no
reports of security forces in Somaliland, Puntland, and TFG controlled
areas employing excessive force to disperse demonstrators. However,
freedom of assembly and/or association was extremely curtailed. Al-
Shabaab did not allow gatherings of any kind without prior consent from
its militia.
Somaliland security agents often prevented opposition parties from
organizing public gatherings and demonstrations until after the
Somaliland Electoral Commission officially opened campaigns for
presidential elections in May.
There were no updates on the 2008 and September 12 killings of
demonstrators in Somaliland and Mogadishu, respectively, and neither
the TFG nor the Somaliland administration took action to punish the
police perpetrators.

Freedom of Association.--The TFC provides for freedom of
association, and unlike in previous years, there were no reports that
the TFG restricted freedom of association.
The Puntland interim constitution provides for freedom of
association; however, the Puntland administration continued to ban all
political parties.
The Somaliland Constitution provides for freedom of association,
and this right was generally respected in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the Department of State's 2010 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The TFC, the Puntland interim
constitution, and the Somaliland constitution provide for freedom of
movement; however, this right continued to be restricted in some parts
of the country. There was a general reduction of checkpoints prevalent
in South and Central regions in Somalia since 2009, and Puntland
security forces dismantled ad hoc checkpoints run by armed clan
militias. However, ad hoc checkpoints operated by armed militias, clan
factions, TFG-allied groups, and al-Shabaab and its affiliates
inhibited passage and exposed travelers to looting, extortion, and
harassment, particularly civilians fleeing conflict. Few citizens
possessed or had the means to obtain documents needed for international
travel.
The law does not prohibit forced exile. Somaliland laws prohibit
Somalilanders from participating in TFG politics. Over the year,
Somaliland authorities banished several prominent TFG politicians who
were serving or had served in TFG as MPs or ministers from Somaliland.
On December 13, Somaliland's president, through a presidential decree,
pardoned Mohamed Abdullahi Jama ``Sifir,'' a prominent TFG politician
who once served as an MP, deputy prime minister, and minister in the
TFG, following Sifir's application expressing his recognition of
Somaliland's separate status from that of Somalia.
During the year there were no organized repatriations to any region
except the aforementioned estimated 1,000 persons that Puntland
expatriated to South Galkayo.

Internally Displaced Persons.--UN agencies estimated that since
January 2007 more than 1.2 million persons had fled their homes in
Mogadishu and its surroundings as a result of targeted attacks by al-
Shabaab and continued conflicts between TFG forces and antigovernment
groups. The Somalia office of the UNHCR, based in Kenya, estimated that
there were 1.46 million IDPs in the country as a result of internal
conflict, flooding, droughts, and other causes going back to the early
1990s but with much higher numbers in recent years.
Many of the newly displaced lived without basic services, primarily
settling on the Afgooye corridor between Mogadishu and Baidoa. Militia
groups aligned with both sides of the conflict restricted IDP access
during food distributions. The deterioration in security severely
restricted the movement of aid workers and the distribution of urgently
needed assistance to IDPs. Increased targeting of aid workers,
``taxes'' and extortion demands on humanitarian aid, and al-Shabaab's
expulsion of WFP in January made it more difficult to deliver basic
services.
Authorities in Puntland forcefully repatriated Somalis from South
and Central regions allegedly for being behind a spate of insecurity in
Puntland cities. Puntland's political leadership has over the years
consistently claimed persons from South and Central Somalia were
responsible for increased insecurity in the region; IDPs in general
were regarded with suspicion-as al-Shabaab supporters or criminals by
locals. At year's end news reports highlighted the ongoing issue of
sexual and gender-based violence against IDP women living in Somalia,
primarily around Galkayco. The UNHCR acknowledged that perpetrators
were primarily young men from the local area who take advantage of
weakened clan protection among IDPs to act with impunity. Lack of a
proper judicial system and weak police intervention prevented survivors
from bringing prosecutions against perpetrators.
Authorities in Puntland forcefully repatriated Somalis from South
and Central regions allegedly for being behind a spate of insecurity in
Puntland cities. Puntland's political leadership has over the years
consistently claimed persons from South and Central Somalia were
responsible for increased insecurity in the region.

Protection of Refugees.--The TFC states that political asylum may
be granted to persons who flee their or another country because of
political, religious, and cultural persecution. However, there was no
official system for providing such protection. The authorities provided
some protection against the expulsion or return of refugees to
countries where their lives or freedom would be threatened, and in
practice the authorities granted refugee status or asylum.
The UNHCR reported that at year's end there were 1,800 refugees
residing in Somalia and 24,415 asylum seekers in Somaliland and
Puntland, a slight increase over 2009. Refugees and asylum seekers were
mainly from the Oromiya and Ogadeni regions of Ethiopia. With the
absence of a formal national asylum framework, refugees in Somaliland
and Puntland face arbitrary detention and discrimination and have
limited access to justice and protection through local systems.
Human rights organizations estimated there were as many as 1.46
million Somalis displaced due to conflict, food shortages, and
inflation. According to a November UN Somalia humanitarian overview
report, ``The number of people in need of humanitarian assistance
reduced by 25 percent to two million people, in part due to the good
harvest.'' However, insecurity in the south and central regions limited
the access of UN and international aid workers. UN agencies reported
that 10 humanitarian workers were killed during the year. Somaliland
authorities cooperated with the UNHCR and other humanitarian
organizations in assisting refugees and asylum seekers.
The UNHCR estimated that during the year more than 40,000 citizens
attempted more than 900 illegal boat crossings from Somaliland,
Puntland, and neighboring Djibouti to Yemen, resulting in at least 273
confirmed deaths. By the end of November, there were 44,216 recorded
new arrivals in Yemen, a 12.4 percent reduction in the number of new
arrivals during the same period in 2009. The decline was due, in part,
to the measures taken by the Puntland authorities to discourage human
smuggling from Bossaso to Yemen. The UNHCR estimated that 165,201
Somali refugees were in Yemen at the end of 2010.
In 2007 the Kenyan government closed its border to all traffic to
and from Somalia, although it later allowed humanitarian relief
supplies to enter Somalia across its shared border on a case-by-case
basis. Despite the border closure, 58,561 asylum seekers were at the
already-overcrowded Dadaab refugee camp in Kenya. During the year Kenya
announced that it would set up a screening center at the Liboi border
to ensure only genuine refugees were allowed into the camps. In the
same period, an estimated 23,356 asylum seekers entered Ethiopia,
bringing the number of Somali refugees there to more than 77,000. By
the end of the year, the Bolkamayo camp in southeastern Ethiopia had
already reached its capacity of 20,000 refugees. The UNHCR estimated at
year's end that it was providing humanitarian assistance and protection
to more than 623,408 Somalis in Kenya, Yemen, Ethiopia, Djibouti,
Tanzania, Eritrea, and Uganda.
During the year there continued to be reports that Somali women,
girls, and in isolated cases, men were raped in refugee camps in Kenya.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The TFG failed to make progress on prescribed tasks necessary for
transition to a popularly elected federal government. In January 2009
the Djibouti Process expanded parliament and extended the TFG mandate
until August 2011 to provide more time to prepare the country for
national elections. However, like the administrations that preceded it,
the TFG administration was wholly unsuccessful in delivering on its
core transitional tasks.
Unlike in previous years when clan leaders operated as de facto
rulers in most regions under the nominal control of the TFG, much of
the country remained under the rule of armed militias during year, many
associated with the al-Shabaab terrorist group. Although al-Shabaab
often collaborated with clan leaders in the areas it controlled, many
clan leaders continued to face opposition from intraclan groups and
political factions.
The Somaliland constitution provides citizens the right to change
their government peacefully, and citizens exercised this right through
periodic, free, and fair elections based on universal suffrage.
Although the constitution of semi-autonomous Puntland provides citizens
the right to change their government peacefully, only members of
parliament selected by traditional clan elders exercised this right,
supposedly acting on the behalf of the people.

Elections and Political Participation.--The Transitional Federal
Charter is the legal framework for the transitional federal
institutions of parliament and government; the mandate for the TFIs
expires in August 2011.
In February 2009 President Sharif appointed Omar Abdirashid Ali
Sharmarke as the TFG prime minister; Sharmarke was forced to resign in
September 2010. On October 14, president Sharif appointed Mohamed
Abdullahi Mohamed ``Farmajo'' as prime minister. A rift between the
president and the speaker of parliament divided parliament into two
opposing camps and delayed Farmajo's confirmation until October 31. On
November 12, Farmajo named an 18-member cabinet almost exclusively
drawn from the Somali diaspora. The prime minister named nine state
ministers and 18 deputy ministers.
Somaliland has a constitution and bicameral parliament with
proportional clan representation and an elected president and vice
president. Somaliland authorities have established functioning
administrative institutions in nearly all of the territory they claim,
which is the same as the Somaliland state that achieved international
recognition briefly in 1960 before entering into a union with the
former Italian colony of Somalia. In a 2001 referendum, 97 percent of
voters supported Somaliland independence.
Due in part to concerted international pressure to hold elections,
the ruling UDUB party of Somaliland President Dahir Riyale Kahin
abandoned repeated efforts to postpone elections. Elections were held
on June 26. Independent international and domestic observers described
the elections as generally free and fair. There were reports of
government restrictions on opposition parties' access to state-owned
media, and claims of government use of state resources in elections
campaigns. At least two incidents of violence against election
officials carried out by separatist clan militia were reported in parts
of the disputed Sool and Sanaag regions.
In 1998 Puntland declared itself a semiautonomous regional
government during a consultative conference of delegates from six
regions that included traditional community elders, the leadership of
political organizations, members of local legislative assemblies,
regional administrators, and civil society representatives. Puntland
has a single-chamber quasi-legislative branch called the Council of
Elders, which has played a largely consultative role. Political parties
were banned. However, provisions of the Puntland constitution that
parliament endorsed in June 2009, which called for the establishment of
multiparty democracy in two years, were not enacted. The new
constitution limits the number of political parties to three. In
January 2009 the council elected Abdirahman Mohamed Mohamud ``Faroole''
as Puntland's president. The former president, General Mohamud Muse
Hersi ``Adde Muse,'' who was one of several candidates, conceded defeat
and peacefully handed over power to the new president. Parliamentary
representatives were seated by their respective clan elders in the six
administrative regions, and the same 66 representatives announced in
December 2008 by Puntland's election and ratification commission
remained in office.
Somaliland and Puntland continued to contest parts of the Sool and
Sanaag Regions, as well as the Buhodle District of Togdheer Region
during the year. Both governments maintained elements of their
administrations in the Sanaag and Sool Regions, and both governments
exerted influence in various communities. During the year there were no
renewed hostilities in Las Anod, Sool Region, between Puntland and
Somaliland forces. The new Somaliland administration under President
Mohamed Mohamud ``Silanyo'' called for cooperation between Somaliland
and Puntland. Claiming a common threat from armed extremist militias,
the two administrations separately announced readiness to cooperate on
the security front.
However, a new separatist clan militia named Sool, Sanaag, and Cayn
(SSC) emerged. The militia sought to establish an SSC region autonomous
from both the Somaliland and Puntland administrations within its area.
The militia clashed with Somaliland forces on several occasions during
the year. In an effort to find a peaceful solution to the political and
security situation of the region, President Silanyo formed a
ministerial commission to produce recommendations on the way forward.
There were 37 women in the expanded 550-seat TFP; there were only
seven women selected as MPs out of the additional 275 MPs that were
appointed when the ARS entered the TFG. The number fell short of the
TFC requirement that at least 12 percent of parliamentary seats be
reserved for women.
Despite low female representation in the Somaliland administration,
President Silanyo appointed three women to his new 26-member cabinet.
There were only two women in the 82-member lower house of parliament,
but for the first time a women sat in the Somaliland lower house after
taking over the position left vacant by her deceased husband.
In Puntland there have never been any women on the Council of
Elders. In December 2008, two women were selected as representatives to
the 66-member parliament, reduced from five in the previous parliament.
Only three women were appointed to Puntland's 40-member cabinet and
only one as a full minister.
There were 60 members of Somali minority ethnic groups in the TFP
and four in the TFG cabinet. There were no members of minority groups
in the Somaliland or Puntland cabinets.
Section 4. Official Corruption and Government Transparency
The law does not provide criminal penalties for official
corruption, and officials engaged in corrupt practices with impunity.
Corruption marked almost every transaction in the country, and there
was no regulatory or penal framework in place to combat it. This was
true even in the provision of humanitarian assistance. A number of TFG
ministers were named in a March 2010 UN monitoring report as engaging
in visa-related scams. In response the TFG pledged to investigate.
Government officials in all three regions were not subject to
financial disclosure laws.
There were no laws providing for public access to government
information.
After the appointment of Prime Minister Farmajo in October and the
formation of his new cabinet, TFG anticorruption measures and messages
increased. Anticorruption measures figured prominently in a TFG draft
``Road Map'' that began to circulate in December; these included the
establishment of a national anticorruption commission and official
recognition that corruption hinders the overall functions of the
Government and security sector. Also in December, the TFG released a
comprehensive budget, the first in 20 years, which the finance and
treasury minister stated would ``go a long way in fighting
corruption.'' The TFG streamlined efficient revenue collection at the
Mogadishu port, the main source of income for the TFG, which led to a
boost in customs-related revenue.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups operated
in some areas of the country, investigating and publishing their
findings on human rights cases; however, security considerations
constrained their ability to operate freely. In contrast with previous
years, government officials were responsive to their views, although
the TFG had limited capacity to implement human rights programs. There
was also an increase in al-Shabaab's targeting of civil society groups,
peace activists, media, and human rights and humanitarian
organizations. The Mogadishu-based Dr. Ismael Jumale Human Rights
Center (DIJHRC), Elman Peace and Human Rights Center (EPHRC), Peace and
Human Rights Network , Isha Baidoa Human Rights Organization in the Bay
and Bakol regions, KISIMA in Kismayo, Coalition of Grassroots Women's
Organization (COGWO), and other local human rights groups were active
during the year, although less than previously because of the increased
targeting by al-Shabaab. The DIJHRC, EPHRC, and COGWO continued to
investigate and document human rights violations, study the causes of
the continuing conflict in the Mogadishu area, and conduct human rights
monitoring. The Mogadishu-based National Union of Somali Journalists
(NUSOJ) continued to advocate for media freedom throughout the country.
The Mogadishu-based Center for Research and Dialogue, Puntland
Development and Research Centre, and several women's NGOs and civil
society organizations also played a role in promoting intraclan
dialogue in Puntland and parts of the south central region.
During the year attacks and incidents of harassment of
humanitarian, religious, civil society, and NGO workers resulted in
numerous deaths. Unlike in previous years, TFG officials did not accuse
NGOs and civil society organizations of siding with opposition groups
and exaggerating human rights abuses committed by TFG forces, nor did
the TFG intimidate and arrest NGO workers. However, on numerous
occasions, al-Shabaab extorted money from local and international NGOs,
threatening serious consequences for noncompliance. Al-Shabaab militia
expelled international NGOs, and raided and looted humanitarian
supplies and equipment from NGO compounds in regions under its control.
International and local NGOs generally worked without major
restrictions in Puntland and Somaliland. The TFG did not interfere with
NGO operations.
There were numerous occurrences of looting, hijacking, and attacks
on convoys of WFP and other humanitarian relief shipments during the
year.
There were no developments in cases of attacks on aid workers,
human rights observers, and international NGOs reported in previous
years.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The TFC prohibits discrimination on the basis of gender or national
origin; however, societal discrimination based on clan and ethnic
origin, violence against women, and widespread abuse of children
continued to be serious problems. The Somaliland constitution and the
Puntland interim constitution prohibit discrimination on the basis of
gender or national origin, but these rights were not respected in
practice as there was lack of effective government enforcement of these
laws.

Women.--Laws prohibiting rape exist in Puntland, Somaliland, and
TFG-controlled areas; however, they were not enforced. There were no
laws against spousal rape. While there were prosecutions of rape cases
in Puntland and Somaliland, there were no reports of the TFG
prosecuting rape cases during the year. The UNHCR and UNICEF documented
patterns of rape perpetrated with impunity, particularly of women
displaced from their homes due to civil conflict or who were members of
minority clans. Police and militia members engaged in rape, and rape
was commonly used in interclan conflicts. Traditional approaches to
dealing with rape tended to ignore the victim's situation and instead
communalized the resolution or compensation for rape through a
negotiation between members of the perpetrator's and the victim's
clans. Victims suffered from subsequent discrimination based on
attributions of ``impurity.'' Women and girls in IDP camps were
especially vulnerable to sexual violence, contributing to the spread of
HIV/AIDS. In 2008 the UNIE reported that in Mogadishu and Kismayo, IDP
women and girls, particularly those belonging to minority groups, were
increasingly the targets of sexual violence by youth gangs. In
Somaliland gang rape continued to be a problem in urban areas,
primarily perpetrated by youth gangs, members of police forces, and
male students. Many of these cases occurred in poorer neighborhoods and
among immigrants, refugee returnees, and displaced rural populations
living in urban areas. Many cases were not reported.
In his September 16 report on the situation of human rights in
Somalia, the UN independent expert recounted widespread sexual and
gender-based violence in all regions of Somalia. Domestic violence
against women remained a serious problem. There were no laws
specifically addressing domestic violence; however, both Sharia and
customary law address the resolution of family disputes. Sexual
violence in the home was reportedly a serious problem, linked to
general gender discrimination. Women suffered disproportionately in the
country's civil war and interclan fighting.
In the country's overwhelmingly patriarchal culture, women did not
have the same rights as men and were systematically subordinated.
Polygamy was permitted. Under laws promulgated by the former
government, girls and women could inherit property, but only half the
amount to which their minor and adult brothers were entitled.
Similarly, according to Sharia and the local tradition of blood
compensation, anyone found guilty of the death of a woman must pay half
the amount that would be payable to the aggrieved family if the victim
were male.
Women do not have the right to decide freely the number, spacing,
and timing of their children and often faced discrimination, coercion,
and violence when they attempted to exercise these rights. In part
because of cultural sensitivities, there was limited information about
and access to contraception. With inadequate health care, women rarely
had skilled attendance during childbirth or essential obstetric and
postpartum care. In Somaliland and Puntland, international programs
ensured that women were equally diagnosed and treated for sexually
transmitted infections, including HIV. There were limited programs in
the southern and central regions, largely because of al-Shabaab's
access restrictions on humanitarian agencies.
Many Somali women have assumed a greater burden by becoming the
sole bread winners for their families. Women form a negligible part of
those employed in both the formal public and private sectors because of
disparities in education. Women continue to experience economic
discrimination in areas under al-Shabaab control because of al-
Shabaab's extremist position, which regards women's participation in
economic activities as anti-Islamic. Despite difficult economic
conditions generally prevalent in Somalia, women were not discriminated
against in terms of owning or managing businesses. There are no visible
government efforts in any region of Somalia to combat economic
discrimination.
Women's groups in Mogadishu, Hargeisa, Bossaso, and other major
towns in South Central Somalia, Somaliland, and Puntland actively
promoted equal rights for women and advocated the inclusion of women in
responsible government positions, and observers reported some
improvement in the profile and political participation of women in the
country.

Children.--In the absence of functioning central authority, births
were not registered in Puntland or southern and central Somalia. The
failure to register births was not a key factor in the denial of public
services. Birth registration was taken seriously in Somaliland for
hospital and home births; however, limited government capacity,
combined with the nomadic lifestyle of many persons, caused numerous
births to go unregistered. In Puntland citizenship is derived from
one's parents and not by birth within the region's territory. By
extension, any child born in Puntland to a father from non-Puntland
sub-clans is not entitled to Puntland citizenship.
Primary education was not compulsory, free, or universal in all
regions of Somalia. Since the collapse of the state in 1991, education
services have been partially revived in various forms, including a
traditional system of Qur'anic schools; public primary and secondary
school systems financed by communities, foreign donors, and the
administrations in Somaliland and Puntland; Islamic charity-run
schools; and a number of privately run primary and secondary schools,
universities, and vocational training institutes. In al-Shabaab-
controlled areas, ``jihad'' was added to the curriculum of elementary
schools. There was a continued influx of foreign teachers to teach in
private Qur'anic schools and madrassas. These schools were inexpensive
and provided basic education; however, there were reports that they
required the veiling of small girls and other conservative Islamic
practices not traditionally found in the local culture. Child abuse and
rape were serious problems, although no statistics on their prevalence
were available. UNIE reported that throughout Somalia, ``Rape and other
grave sexual violence against children continued to be a major
protection concern.'' There were no known efforts by regional
governments to combat this practice. Children remained among the chief
victims of continuing societal violence. UNICEF and other international
NGO child-protection monitors verified that hundreds of children were
killed or injured during the year as a direct result of conflict.
The practice of female genital mutilation (FGM) was widespread
throughout the country. As many as 98 percent of women and girls had
undergone FGM; the majority were subjected to infibulation, the most
severe form of FGM. In Somaliland and Puntland, FGM is illegal, but the
law was not enforced. UN agencies and NGOs tried to educate the
population about the dangers of FGM, but there were no reliable
statistics to measure the success of their programs.
Child marriage was prevalent throughout Somalia. In rural areas
parents often married off their daughters as young as age 12.
Militia members raped children during the conflict and departure of
civilians from Mogadishu.
Child prostitution was practiced, and like all other forms of
prostitution, was legally prohibited in all areas. In al-Shabaab areas,
the penalty was flogging or even death by stoning. There is no formal
statutory rape law or minimum age for consensual sex. Child pornography
is not expressly prohibited.
Children occasionally were enlisted in the TFG security forces, and
TFG-allied militias such as ASWJ (see section 1.g.). Antigovernment and
extremist groups routinely recruited and used child soldiers (see
section 1.g.).
The practice of ``asi walid,'' a custom whereby parents placed
their children in prison for disciplinary purposes and without any
legal procedure, continued. Many of these juveniles were incarcerated
with adults.
UNICEF and the UNDP started a project to provide abandoned children
and child prisoners with legal and other protection assistance. The
juvenile justice program also educated justices and lawyers about human
rights problems for children.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction.

Anti-Semitism.--There is no known Jewish community in the country,
and there were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The TFC, Somaliland constitution, and
Puntland interim constitution all prohibit discrimination on the basis
of intellectual or physical disabilities. None of the three
administrations restrict the right of people with disabilities to vote
or participate in civic affairs.
The TFC reads that the state is responsible for the welfare of
persons with disabilities, along with orphans, widows, heroes who
contributed to and fought in defense of the country, and the elderly.
The Somaliland constitution notes that the state is responsible for
the health, care, development, and education of mothers, children, the
disabled, persons who have no one to care for them, and mentally
handicapped persons.
The Puntland interim constitution safeguards and advocates for the
rights of orphans, disabled persons, and whoever needs the protection
of the law. There are no laws in any of the three areas to ensure
building access.
In the absence of functioning governing institutions, the needs of
most persons with disabilities were not addressed. Several local NGOs
in Somaliland provided services for persons with disabilities.
Associations of persons with disabilities reported numerous cases of
discrimination.
There was widespread abuse of persons with mental illness. Without
a public health infrastructure, there were no specialized institutions
to provide care or education for the mentally ill. It was common for
such persons to be chained to a tree or restrained within their homes.

National/Racial/Ethnic Minorities.--More than 85 percent of the
population shared a common ethnic heritage, religion, and nomad-
influenced culture. UNIE estimated that minority groups constitute
approximately 22 percent of the population. In most areas, members of
groups other than the predominant clan were excluded from effective
participation in governing institutions and were subject to
discrimination in employment, judicial proceedings, and access to
public services.
Minority groups and low-caste clans included the Bantu (the largest
minority group), the Benadiri, Rer Hamar, Brawanese, Swahili, Tumal,
Yibir, Yaxar, Madhiban, Hawrarsame, Muse Dheryo, Faqayaqub, and
Somaliland's Gabooye. Intermarriage between minority groups and
mainstream clans was restricted by custom. Minority groups had no armed
militias and continued to be disproportionately subject to killings,
torture, rape, kidnapping for ransom, and looting of land and property
with impunity by faction militias and majority clan members. Many
minority communities continued to live in deep poverty and suffer from
numerous forms of discrimination and exclusion.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Sexual orientation was
considered a taboo topic, and there was no public discussion of this
issue in any region of the country. There were no reports of societal
violence or discrimination based on sexual orientation.

Other Societal Violence or Discrimination.--Persons with HIV/AIDS
continued to face discrimination and abuse in their local communities
and by employers in all parts of the country. UNICEF reported that
persons with HIV/AIDS were subjected to physical abuse, rejected by
their families, and subjected to workplace discrimination and
dismissal. Children with HIV-positive parent(s) also suffered
discrimination, which hindered prevention efforts and access to
services.
Section 7. Worker Rights

a. The Right of Association.--The 1960 constitution allows workers
to form and join unions, and the TFG respected this right; however, due
to the civil war and clan fighting, the only partially functioning
labor union in the country was the journalist association NUSOJ. Other
unions existed in name but engaged in no activities during the year.
The Puntland interim constitution and the Somaliland constitution also
protect workers' freedom of association; however, labor laws were not
enforced in the country, resulting in an absence of effective
protection for workers' rights.
The Somaliland Trade Union Organization (SOLTUO), formed in 2004,
claimed to have 26,000 members representing 21 individual unions.
SOLTUO claimed to be democratic and independent, but it undertook no
activities during the year.
The TFC allows unions to conduct their activities without
interference and grants workers the right to strike. In practice there
were no reports of workers attempting to strike.

b. The Right to Organize and Bargain Collectively.--Collective
bargaining is protected by laws in Somalia, Somaliland, and Puntland,
but they were generally not enforced.
Wages and working conditions in the traditional culture were
established largely on the basis of ad hoc arrangements based on
supply, demand, and the influence of the worker's clan.
The TFC allows unions to conduct their activities without
interference and grants workers the right to strike. There were no
reports of antiunion discrimination.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The pre-1991 penal
code and the TFC prohibit forced or compulsory labor, including by
children. Children and individuals from minority clans were reportedly
used in the khat trade as porters, as well in farming and animal
herding.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
pre-1991 labor code and the TFC prohibit child labor; however, child
labor was widespread.
Recruitment and use of child soldiers was a problem (see section
1.g.). Young persons commonly were employed in herding, agriculture,
and household labor from an early age. Children broke rocks into gravel
and worked as vendors of cigarettes and khat on the streets. UNICEF
estimated that from 1999 to 2005, 36 percent of children between the
ages of five and 14 were in the workforce--31 percent of males and 41
percent of females. The actual percentage of working children was
believed to be higher. The lack of educational opportunities and
severely depressed economic conditions contributed to the prevalence of
child labor.
In Somalia the ministries of Labor and Social Affairs and Gender
and Family Affairs were responsible for enforcing child labor laws. In
Somaliland it was the Ministry of Family and Social Development, and in
Puntland it was the Ministry of Labor, Youth, and Sports. In practice
none of these ministries enforced these laws.

e. Acceptable Conditions of Work.--Although the TFC and the
Somaliland constitution both include provisions for acceptable working
conditions, there was no organized effort by any of the factions or de
facto regional administrations to monitor acceptable conditions of work
during the year. There was no national minimum wage. There was no
information on the existence or status of foreign of migrant workers in
the country. With an estimated 43 percent of the population earning
less than 30,000 Somali shillings (less than $1) per day, there was no
mechanism to attain a decent standard of living for workers and their
families. During the year high inflation, continued insecurity, and
other factors significantly decreased the standard of living in all
areas of the country. By year's end, 3.5 million Somalis required
emergency humanitarian assistance.

__________

SOUTH AFRICA

South Africa is a multiparty parliamentary democracy in which
constitutional power is shared between the president and the
parliament. A progressive constitution, written after the end of
apartheid and enshrining human rights, is the source of authority for
the political system. The country has a population of approximately 50
million. In April 2009 the country held a largely free and fair
national election in which the ruling African National Congress (ANC)
won 65.9 percent of the vote and 264 of 400 seats in the National
Assembly, which then elected ANC President Jacob Zuma as the country's
president. Security forces reported to civilian authorities.
Principal human rights problems included police use of lethal and
excessive force, including torture, against suspects and detainees,
which resulted in deaths and injuries; vigilante and mob violence;
prison overcrowding and abuse of prisoners, including beatings and rape
by prison guards; arbitrary arrest; lengthy delays in trials and
prolonged pretrial detention; forcible dispersal of demonstrations;
pervasive violence against women and children; societal discrimination
against women, persons with disabilities, and the lesbian, gay,
bisexual, and transgender (LGBT) community; trafficking in persons;
violence resulting from racial and ethnic tensions and conflicts with
foreigners; and child labor, including forced child labor and child
prostitution.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--Unlike in the
previous year, there were no reports of politically motivated killings
by the Government or its agents; however, police use of lethal and
excessive force, including torture, against suspects and detainees
resulted in numerous deaths and injuries. Investigations into some of
the killings committed during the year were ongoing, and some
perpetrators had been punished by year's end.
The country had a high crime rate, and criminals were often better
armed than police. In October 2009 Fikile Mbalula, the deputy police
minister, called for the use of firepower against armed criminals,
which the media and civil society groups criticized as a police ``shoot
to kill'' policy; President Zuma denied the charge and attributed the
use of excessive force to a lack of training and resources.
On September 1, the trial of Inkatha Freedom Party (IFP) member
Siphamandla Mhlongo, who was being detained for the January 2009
killing of ANC stalwart Inkosi Mbongeleni Zondi, was remanded to the
Scottsburg High Court, where a hearing was scheduled for February 2011.
IFP member Makhosabo Mkhize, who was killed in July 2009 by unknown
perpetrators, also had been charged in connection with Zondi's killing.
According to the Governmental Independent Complaints Directorate
(ICD), there were 294 deaths in police custody and 566 deaths as a
result of other police action during the year ending March 31, a 6
percent decrease from the previous year. Of the 860 deaths, 479
resulted from being shot, 122 from assault, 112 due to suicide, 93 from
natural causes while in custody, 27 as a result of injuries from being
struck by a police vehicle, 15 as the result of an auto collision,
seven as the result of torture, three from suffocation, and two from
poisoning.
On April 8, at a tavern in the Free State, Police Constable Elliot
Khaka shot and killed Sombane Lungile after Lungile allegedly attempted
to steal a car belonging to another constable who was with Khaka. On
November 15, the Free State High Court convicted Khaka of murder and
sentenced him to 12 years' imprisonment.
On July 12, in Pretoria, police officers shot and killed unarmed
sound engineer Nkosinathi Ntuli after he allegedly drove headlong into
oncoming traffic, narrowly avoiding crashing into several police
officers and other motorists. Ntuli allegedly drove away from where he
had been stopped and dared police to shoot him, after which police
fired six shots at his vehicle. Captain Rosina Mabena, Sergeant Lillian
Tlhapi, Sergeant Jaco Ngobeni, and Warrant Officer Enoch Makgamatha
were accused of murder and attempted murder and denied bail. After a
successful appeal to the North Gauteng High Court in November, and
after agreeing to relinquish their passports, the four were each
granted bail of 3,000 rand ($420). Their case was postponed to January
2011.
On November 25, Riaan Velloen was arrested for driving while
intoxicated and taken to the Florida police station in Johannesburg. He
was found dead in his cell the following morning. Friends and family
accused the police of beating him to death; an ICD investigation was
ongoing at year's end.
On November 29, Donnelle Jackson was arrested for armed robbery in
Sofiatown, Johannesburg. Police claimed that Jackson hung himself in
his cell with a blanket within three hours of his detention. The ICD
investigated the incident and recommended that action be taken against
the police officers involved; no further information was available at
year's end.
Information surfaced during the year that in February 2009 members
of the National Intervention Unit, an elite police unit responsible for
high-profile cases, shot and killed Bongani Mkhize, chairperson of the
Maphumulo Taxi Association, allegedly after Mkhize opened fire on them.
His death, which appeared to be linked to investigations into the
killing of Police Commissioner Zethembe Chonco, occurred despite a
ruling three months earlier by the Durban High Court restraining police
from targeting him. Mkhize was reportedly among a list of suspects in
the killing, all of whom had been shot and killed by October 2009,
several after being arrested and interrogated by police, according to
the Amnesty International Report released in May. Mkhize's family
employed a private investigator to investigate his death, but had not
filed charges against the police by year's end. Mkhize's killing was
investigated by the ICD, which found no evidence of police wrongdoing.
Amnesty International also reported in May that in October 2009
police shot an unidentified man suspected of vehicle theft. Witnesses
heard gunshots and saw the man's body hanging on a security fence near
an apartment building. Police reportedly attempted to mislead
independent investigators and also told the media that the man had
electrocuted himself on the fence. Medical evidence subsequently
revealed that the man had died from a high velocity gunshot injury to
his spine.
The two off-duty police officers who in November 2009 shot and
killed a street vendor while intoxicated were charged with murder and
released on bail; their court case was ongoing at year's end.
The trial of police officer Shadrack Malaka, who was charged with
killing a three-year-old child in November 2009, was postponed to April
2011; Malaka was released on bail of 1,000 rand ($140).
The 14 police officers from the Bellville South Directorate of the
Directorate of Priority Crime Investigation (DPCI), who allegedly beat
and whipped to death Sidwell Mkwambi in February 2009, were neither
suspended nor arrested during the year. The ICD stated an investigation
produced enough evidence to establish a murder case against the 14
officers from the specialized unit; however, the director of public
prosecutions (DPP) had taken no action on the ICD's recommendation by
year's end.
Incidents of vigilante violence and mob killings continued,
particularly in Gauteng, Eastern Cape, and KwaZulu-Natal provinces in
the rural areas and townships. Unlike in previous years, police efforts
to control vigilante violence did not result in deaths.
On August 4, a mob in Lenasia South set on fire a small truck with
three alleged thieves trapped inside the cab; the three were suspected
of stealing electricity cables in an informal settlement. Police
launched an investigation, but no arrests had been made by year's end.
The trial of ANC municipal councilor Vusi Khoza, Sean Thabo Jacobs,
Patricia Ballantyne, and Mzokuthoba Mngonyama for their roles in a mob
attack that resulted in the January 2009 deaths of a Zimbabwean citizen
and a Tanzanian citizen was ongoing at year's end. Khoza was charged
with public violence and conspiracy to commit assault; the other three
were charged with murder.
Xenophobic attacks on foreign African migrants remained a problem;
however, attacks did not occur on the scale of previous years (see
section 6).
Killings and other violent crimes against white farmers and, on
occasion, their families, continued in rural areas (see section 6).
There were reports that persons accused of witchcraft were
attacked, driven from their villages, and in some cases murdered,
particularly in Limpopo, Mpumalanga, KwaZulu-Natal, and Eastern Cape
provinces, where suspected witchcraft sometimes resulted in assault,
forced exile, and killings, particularly of elderly women. Traditional
leaders generally cooperated with government educational programs and
reported threats against persons suspected of witchcraft.
On February 1, residents attacked and killed Mbongeni Zungu for
suspected witchcraft; the mob also burned his shack in Umlazi E
section, KwaZulu-Natal Province. Police charged 11 suspects with
murder, attempted murder, malicious damage to property, and arson; all
were subsequently released on bail, and there were no further
developments by year's end.
At year's end the 2008 trial continued of two brothers in Eastern
Cape Province who admitted to killing their younger brother for
suspected witchcraft.
Ritual killings (muthi killings), especially of children, to obtain
body parts believed by some to enhance traditional medicine practices,
remained a problem; specific muthi killing statistics were unavailable.
On January 8, the mutilated body of 10-year-old Masego Kgomo was
found in a clump of bushes near her home in Shoshanguve. Five male
suspects were arrested and charged with murder and abduction; a sangoma
(an African practitioner of magic, medicine, and witchcraft) also was
arrested, but then released for lack of evidence. There were no further
developments by year's end.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
police officers reportedly tortured, beat, raped, and otherwise abused
suspects. According to the May Amnesty International report,
corroborated cases of torture included the use of electric shock and
suffocation. Police also assaulted detainees with batons, fists, and
booted feet. Police torture and physical abuse allegedly occurred
during interrogation, arrest, detention, and house searches, and
sometimes resulted in death (see section 1.a.).
During the year the ICD reported 920 reports of assault with the
intent to cause grievous bodily harm, seven of which it acknowledged
involved torture. The report noted the investigation of three cases of
torture from previous years, but did not indicate the results. Suspects
in several cases were interrogated and assaulted while held without any
record of their arrest. Officers convicted of this charge were given
sentences ranging from verbal and written warnings to fines and
dismissal from service. The report did not stipulate how many officers
were convicted.
The ICD also reported 24 complaints of rape committed by police.
In May Zipho Richard Ndlovu claimed he was detained by two police
officers at his workplace and taken to a police station, where he was
tortured for allegedly participating in a robbery. Ndlovu claimed the
two officers trussed him with a plank under his knees, put a black bag
over his head, and attached electrodes to his ear lobes. Ndlovu sued
the police for torture, and his case was pending at year's end.
During the year the ICD investigation into the alleged September
2009 kidnapping and torture of David Ndzumeka by DPCI officers in Cape
Town determined there was sufficient evidence to establish a case
against the officers. However, the DPP had not made a decision on the
ICD's recommendation by year's end. Ndzumeka alleged that the officers
placed a plastic bag over his head and repeatedly suffocated him until
he was unconscious. Ndzumeka case was one of 29 completed
investigations involving DPCI officers in Cape Town awaiting a decision
by the DPP.
There were no developments in the following 2008 cases: the alleged
torture in October of two brothers suspected of theft by 10 police
officers from the Vosloorus Tracing Unit, the alleged beating and
torture in November of a 17-year-old by six police officers from the
Diepkloof Police Station, and the November death of Tefo Kgame after
police allegedly beat him at the same station.
Incidents of police harassment of foreigners continued,
particularly during coordinated police raids in areas where foreign
nationals resided. In an August report to the Portfolio Committee on
Police, the Consortium for Refugees and Migrants in South Africa
asserted that police confiscated the legal documentation of foreign
nationals, threatened them with arrest on spurious charges, and forced
them to pay bribes to be released. Some state hospitals reportedly
refused emergency treatment on a routine basis to indigent foreigners,
despite regulations requiring that hospitals provide such treatment.

Prison and Detention Center Conditions.--The majority of the 249
operational prisons did not meet international standards, and prison
conditions did not always meet the country's minimum legal
requirements. The Judicial Inspectorate of Correctional Services (JICS)
received 2,189 complaints of assaults against prisoners by correctional
officers for the reporting period from April 2009 through March 2010.
There were several reports of physical and sexual abuse by both prison
officials and prisoners. Some detainees awaiting trial reportedly
contracted HIV/AIDS through rape. According to the JICS report, there
were 1,047 prison deaths during the reporting period. Of these, 992
were from natural causes, including HIV/AIDS; the remaining deaths were
the result of suicides, assaults, or accidents.
According to the JICS report released during the year, there were
163,312 prisoners in facilities designed to hold 118,159. In a report
to Parliament on October 27, Inspecting Judge Deon van Zyl reported
that 19 prisons were critically overcrowded, some by as much as 247
percent, such as King William's Town Prison, while others held less
than their capacity, such as Barkley West, which held 22 percent of
capacity. Unlike in previous years, no statistics were provided on the
number of female and juvenile inmates. Due to severe overcrowding, many
prisoners had less than 13 square feet in which to eat, sleep, and
spend 23 hours a day. The nominal allotment of floor space per prisoner
was approximately 36 square feet for communal space and 60 square feet
for single cells, although this standard was seldom met.
The 2009-10 Department of Correctional Services (DCS) annual report
indicated 22.8 percent of sentenced prisoners who were tested between
the ages of 15 and 49 were HIV-positive. There were 21 centers
dispensing antiretroviral (ARV) therapy during the year. Prisons
without such centers were supposed to utilize outside clinics for ARV
therapy; however, this seldom occurred. There were no HIV screening
programs on intake or discharge of prisoners and no HIV prevention
programs in prison, such as condom distribution.
All detainees in police cells were provided with felt mattresses
and grey blankets, and most cells had toilets and basins, but there
were seldom chairs, and cells often had inadequate light and
ventilation.
In its September report Monitoring Immigration Detention in South
Africa, the local nongovernmental organization (NGO) Lawyers for Human
Rights (LHR) indicated that the main abuses perpetrated in the Lindela
Repatriation Centre, the country's largest detention facility for
undocumented immigrants, included physical and verbal abuse, corruption
and bribery, insufficient food, lack of reading and writing materials,
lack of access to recreational facilities or telephones, lack of access
to and quality of medical care, indefinite detention without judicial
review, detention of asylum seekers, and lack of procedural safeguards
such as legal guidelines governing long-term detention.
Juvenile detainees were held in separate detention facilities;
however, children up to three years old were sometimes held with their
mothers. As of March 31, there were 129 infants and young children in
detention with their mothers. During the year the DCS launched the
Imbeleko program to provide a home-like environment for children below
the age of two and to place children above that age in outside
correctional facilities with sustainable family structures. Pretrial
detainees generally were held with convicted prisoners.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observances. Authorities permitted prisoners and
detainees to submit complaints to judicial authorities without
censorship and to request investigation of credible allegations of
inhumane conditions. Authorities investigated and documented the
results of such investigations in a publicly accessible manner. The
Government investigated and monitored prison and detention center
conditions.
The DCS did not have an ombudsman to consider such matters as
alternatives to incarceration for nonviolent offenders to alleviate
inhumane overcrowding; addressing the status and circumstances of
confinement of juvenile offenders; or improving pretrial detention,
bail, and recordkeeping procedures to ensure prisoners did not serve
beyond maximum sentences for charged offenses.
The JICS, an independent office under the Inspecting Judge,
appoints an Independent Visitor for each correctional center to monitor
prison conditions. In 2009 the Independent Visitors collectively
recorded 8,346 visits to the 239 prisons, during which time they
conducted private consultations with 78,883 inmates. Visits were
recorded in official registers kept at all correctional centers and
were verified on a monthly basis. Independent Visitors submitted
monthly reports to the Inspecting Judge, listing the number and
duration of visits, the number of inmates interviewed, and the number
and nature of inmate complaints received.
The Government permitted some independent monitoring of prison
conditions, including visits by human rights organizations to some
facilities. Human rights organizations were allowed to visit prisoners
if they had a registered attorney acting as legal representative for
the prisoner; organizations could also request permission to visit
prisons to conduct specific research. The Government permitted ICRC
visits, but none were conducted during the year.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, security forces
arbitrarily arrested Zimbabwean migrants and trafficking victims during
the year.

Role of the Police and Security Apparatus.--The South African
Police Service (SAPS), under the Department of Police, has primary
responsibility for internal security. The South African National
Defense Force (SANDF), under the Department of Defense, is responsible
for external security but also has domestic security responsibilities
such as patrolling the borders. The DPCI, also known as ``the Hawks,''
coordinates efforts against organized crime and official corruption.
Despite continued efforts to professionalize, SAPS remained
understaffed, ill equipped, and poorly trained. Law enforcement
activities remained focused on wealthy residential and business areas.
During the year the ICD received 6,377 complaints against the
police, including allegations of killings, assaults, and other
misconduct, compared to 6,119 complaints in the previous year,
according to the ICD 2009-10 report. Of the 6,377 complaints, Minister
of Police Nathi Mthethwa noted 48 convictions of police officers for
criminal conduct, including 25 convictions for deaths in police custody
or as a result of police action, and 23 convictions for other criminal
offenses. Additionally, the ICD made 526 recommendations to the DPP in
criminal matters and 1,666 recommendations to SAPS management with
regard to various misconduct offenses, such as abuse of a state
vehicle, leaking information, or dereliction of duty.
SAPS provided annual training in corruption prevention, human
rights, and ethics; it also provided officers with access to social
workers, psychologists, and chaplains.

Arrest Procedures and Treatment While in Detention.--The law
requires arrest warrants to be based on sufficient evidence and issued
by a magistrate or judge and provides that all detainees be informed
promptly of the reasons for their detention, of their right to remain
silent, and the consequences of waiving that right. Detainees must be
charged within 48 hours of arrest; held in conditions respecting human
dignity; allowed to consult with legal counsel of their choice at every
stage of their detention or provided state funded legal counsel when
``substantial injustice would otherwise result;'' and permitted to
communicate with relatives, medical practitioners, and religious
counselors. The Government often did not respect these rights.
Detainees must be released (with or without bail) unless the interests
of justice require otherwise; however, bail for pretrial detainees
often exceeded what suspects could pay.
Unlike in the previous year, no statistics were kept on the number
of detainees who were held because they could not post bail; 8,500
prisoners in 2009, including some school children, remained in
detention because they were unable to post bail. During the year the
Department of Correctional Services signed a bail protocol with the
ministers of police and of justice and constitutional development to
allow inmates who committed petty crimes and could not afford bail to
be diverted through alternative programs.
Human rights groups, judges, and judicial scholars continued to
express concern about the Criminal Procedure Second Amendment Act,
which mandates minimum jail sentences, allows pretrial detention of
children, and prohibits bail in certain cases.
There were cases of arbitrary arrest during the year.
LHR reported that security forces continued to arbitrarily arrest
Zimbabwean migrants, even those with documentation. LHR and other NGOs
also reported that victims of human trafficking were arbitrarily
arrested if not in possession of appropriate documents detailing their
immigration status.
In September 2009 40 local tavern owners in Durban ransacked and
demolished the offices of Abahlali base Mjondolo (AbM), an organization
that advocates for the rights of those who live in informal
settlements; the AbM had been fighting the KwaZulu-Natal provincial
government's attempts at forcibly removing inhabitants and demolishing
the Kennedy Road informal settlement. Over two days the mob, allegedly
ANC cronies, also demolished the homes of several AbM members,
reportedly in the presence of local police; two persons were killed.
Police subsequently arrested 13 AbM members, 12 of whom were charged
with a range of crimes, including property destruction, public
violence, and murder; one of the 13 was released without charge. Seven
of the 12 were released on bail and awaiting trial, while the other
five remained in pretrial detention. None of the 40 tavern owners who
demolished the AbM offices and homes was arrested. Critics charged that
the Government arrested the AbM members to prevent them from returning
to the Kennedy Road settlement. During the year the trial of the
``Kennedy 12'' was repeatedly postponed due to difficulties in getting
witnesses to court.
Lengthy pretrial detention was a problem, and pretrial detainees
constituted 30 percent of the total prison population. According to the
JICS annual report, detainees waited an average of three months, but
some as long as two years, before a trial. The report found that 49,030
prisoners were awaiting trial as of March 31.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
judicial independence in practice. However, the judiciary was
understaffed and underfunded, and there were reports that legal
documents used in trials were lost. According to the presidentially
mandated criminal justice system working group, made up of ministers
and deputy ministers, more than a million of the two million criminal
cases reported annually were never resolved. According to the group, a
number of problems contributed to the country's low 10.3 percent
conviction rate in criminal cases, including inadequate collection of
evidence at crime scenes, insufficient investigation of crimes, long
trials, and ineffective court processes. During the year the Government
operated 58 justice centers that provided legal assistance to the poor
to speed the administration of justice, reduce the court rolls, and
alleviate overcrowding in prisons. However, serious delays continued to
be a problem.

Trial Procedures.--Criminal defendants enjoy a legal presumption of
innocence. The bill of rights provides for due process, including the
right to a fair public trial within a reasonable time after being
charged, and the right to appeal to a higher court. Judges and
magistrates hear criminal cases and determine guilt or innocence. In
lieu of juries, the law requires that a panel of lay assessors and a
magistrate hear cases involving murder, rape, robbery, indecent
assault, and assault leading to serious bodily harm. The two assessors
may overrule magistrates on questions of fact. Magistrates also can use
assessors in an advisory capacity in adjudicating bail applications and
sentences. Detainees and defendants have the right to legal counsel
provided and funded by the state when ``substantial injustice would
otherwise result''; however, this right was restricted due to a general
lack of information regarding rights to legal representation and the
Government's inability to pay for such services. Defendants have the
right to be present in court and can question witnesses in court and
present their own witnesses and evidence. Defendants have access to
government evidence before going to court. There is no automatic right
to appeal, but courts may give defendants permission to do so. For
certain cases, such as when the accused is younger than 16 years of
age, permission is not required. Additionally, the law provides for an
automatic review of all prison sentences longer than three months.

Political Prisoners and Detainees.--The IFP maintained that 384 of
its members had been imprisoned since 1994 for political reasons,
although international human rights organizations did not list such
persons as political prisoners or detainees. In January 2008 the IFP
petitioned both the president and the justice minister for their
release. In February 2008 the IFP took the matter to the High Court,
where the judge ordered the justice minister to consider all 384
applications for presidential pardons within three months. In April
2008 the IFP sent a letter to Amnesty International complaining that
both former president Mbeki and the justice minister had ignored the
matter. On September 2009 the Constitutional Court ruled that because
the petition included the justice minister, the IFP had pursued the
incorrect party for legal relief and that the president, not the
justice minister, should be held fully accountable for the delay. The
same day, the IFP instructed its lawyers to start legal action against
President Zuma for the delay in processing the applications. On
February 4, President Zuma announced he had considered and rejected 230
of the IFP applications for pardon; he also announced that decisions on
the remaining 154 applications would be announced once the
Constitutional Court rendered a judgment on another matter pertaining
to the president's power to grant pardons.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. There also was access to the
courts to bring lawsuits seeking damages for, or cessation of, a human
rights violation.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions.
However, there were allegations of police abuse during sweeps and home
searches and criticisms of police and judicial procedures, including
complaints that warrants were issued despite inadequate evidence.
The law authorizes state monitoring of telecommunications systems,
including cellular telephones, the Internet, and e-mail, for criminal
investigations. However, opposition parties and many civil society
groups opposed such laws. In July 2009 the Regulation of Interception
of Communications and Provision of Communication-Related Information
Act came into effect, requiring all mobile operators, service
providers, and cell-phone vendors to register on secure databases the
identities, physical addresses, and telephone numbers of new and
existing customers. All cell phone subscribers were required to show
proof of identity and proof of residence to be registered.
The Promotion of Access to Information Act allows any person to
access information from the Government or any other individual for the
exercise or protection of any right. Authorities can also use the act
to obtain personal information in connection with criminal
investigations. Opposition parties and human rights NGOs objected to
its broadly defined provision that enabled the Government to access an
individual's personal information.
Farm owners continued to evict workers legally and illegally. An
extensive national eviction survey by the NGO Nkuzi Development
Association, which provided legal assistance to farm workers, indicated
farm workers generally were unaware of their right to legal counsel
during eviction proceedings. In Limpopo, where evictions took place,
Nkuzi had only two attorneys and at times lacked funds for litigation.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights. However, several laws remained in effect that
posed a potential threat to media independence, and some journalists
expressed concern over government involvement in the media sector.
Individuals, organizations, journalists, and sectors of civil
society were generally able to criticize the Government openly without
fear of reprisal, although many journalists expressed concern in
reports, columns, editorials, and public fora that the Government
heavily influenced and increased its efforts during the year to control
the media. The practice of appointing journalists to key positions as a
reward for their political allegiance remained a problem with the South
African Broadcasting Corporation (SABC), a government-funded television
and radio network.
According to the South African Advertising Research Foundation,
print media reached 52 percent of the population. Despite the number
and diversity of publications, the concentration of media ownership in
the hands of a few large media groups drew criticism from the
Government and some political parties, who complained that print media
did not always adequately cover their points of view.
The independent media were active and expressed a wide variety of
views without restriction.
The majority of citizens received news through radio broadcasts
from the SABC and community radio stations. The SABC was the largest
and most influential source of news for the majority of the population.
It broadcast television and radio programs in the country's 11 official
languages, with its signal received by an estimated 92 percent of
citizens.
Low-power, nonprofit community radio stations continued to play an
important role in informing the mostly rural public, although they
often had difficulty producing adequate content and maintaining quality
staff. Government broadcast regulators regularly issued new community
radio licenses and withdrew others for noncompliance with the terms of
issuance.
Government and political officials often criticized the media for
lack of professionalism and reacted sharply to media criticism, often
accusing black journalists of disloyalty and white journalists of
racism. Some journalists believed that the Government's sensitivity to
criticism resulted in media self-censorship.
In 2009 the Government enacted several laws that restricted press
freedom, although none were enforced during the year. The 2009 Films
and Publications Act requires that publications not regulated by the
press ombudsman, including online material, be submitted to the Film
and Publications Board for classification prior to publication if the
publication contains references to ``degrading sexual content,
incitement to cause harm, promotion of propaganda for war, incitement
of violence, or the advocating of hatred based on any identifiable
group characteristic.'' Media watchdog organizations, as well as
individual media commentators, criticized the law as a possible vehicle
for restriction of press freedom.
The February 2009 amendment to the Broadcasting Act allows the
president to dismiss members of the SABC Board, a move that was widely
criticized by opposition parties and the press as undue government
interference. Several laws remained in effect that permitted the
Government to restrict the publication of information about the police,
the national defense forces, prisons, and mental institutions.

Internet Freedom.--There were no government restrictions on access
to the Internet; however, the law authorizes state monitoring of
telecommunications systems, including the Internet and e-mail, for
criminal investigation. In July 2009 the Regulation of Interception of
Communications and Provision of Communication-Related Information Act
came into effect, requiring all service providers to register on secure
databases the identities, physical addresses, and telephone numbers of
new and existing customers. Despite the law, there were no reports that
the Government monitored e-mail or Internet chat rooms. Individuals and
groups could engage in peaceful expression of views via the Internet,
including by e-mail. According to International Telecommunication Union
statistics for 2009, approximately 8.8 percent of the country's
inhabitants used the Internet.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.
The Film and Publications Board reviews written and graphic
materials published in, or imported into, the country. The board has
the power to edit or ban books, magazines, movies, and videos, and it
regularly exercised that power, mostly regarding pornographic material.
Journalists, media houses, and industry associations continued to
criticize efforts to extend the board's authority to newspapers and
broadcast media.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, police forcibly dispersed several demonstrations during the
year, which resulted in injuries.
Several protests over poor delivery of basic services took place
across the country, including illegal, violent demonstrations in
Gauteng, North West, Western Cape, Mpumalanga, and KwaZulu-Natal
provinces. Police used batons and rubber bullets to control the
demonstrations and quell the violence; several injuries were reported.
For example, on February 23, residents of Orange Farm protested
lack of local service delivery by looting shops, burning tires, and
pelting police with rocks. Police fired rubber bullets and tear gas to
disperse the demonstrators; 30 persons were arrested and subsequently
released. There was no information about persons injured.
On September 21, residents of Hangberg township in Hout Bay
protested the decision by the City of Cape Town to dismantle homes
illegally built on a firebreak, and some residents threw stones at
police. Police fired rubber bullets to quell the protest, resulting in
serious injuries to several residents and at least one journalist.

Freedom of Association.--The law provides for freedom of
association, and the Government generally respected this right.

c. Freedom of Religion.--For a description of religious freedom,
see the 2010 International Religious Freedom Report at www.state.gov/g/
drl/rls/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government partially cooperated with the Office of the UN
High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in providing protection and assistance to internally
displaced persons, refugees, returning refugees, asylum seekers,
stateless persons, and other persons of concern.
The law does not prohibit forced exile; however, the Government did
not use it.

Protection of Refugees.--The country's laws provide for the
granting of asylum and refugee status, and the Government has
established a system for providing protection to refugees. In practice
the Government generally provided protection against the expulsion or
return of those recognized as refugees to countries where their lives
or freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group or political
opinion.
Although the law provides for access to basic services, education
for refugee children, and access to police and courts, NGOs such as
Human Rights Watch found that asylum seekers, migrants, and refugees
faced discrimination at health-care facilities and by law enforcement
representatives.
The Government's policy prohibited encampment of foreign asylum
seekers and refugees in favor of free movement and integration of
documented migrants into local communities, with guarantees for the
right to work and access to social services. While this generally
offered greater liberty to foreigners, many NGOs criticized government
protection of foreigners as inadequate.
Refugee advocacy organizations charged that police and immigration
officials abused refugees and asylum seekers and forcefully repatriated
some asylum seekers, particularly Zimbabweans, although there were no
such reports during the year. Applicants for asylum and NGOs assisting
refugees also reported that immigration authorities sought bribes from
those seeking permits to remain in the country. The Department of Home
Affairs (DHA) adopted anticorruption programs and punished officials or
contracted security officers found to be accepting bribes.
In May 2009, following international and domestic criticism, the
Government suspended deportations of Zimbabweans; NGOs estimated there
were between one and three million undocumented Zimbabweans in the
country. The Government also introduced a 90-day visa-free entry for
Zimbabwean nationals and an associated right to work, and proposed a
system of longer-term permits, known as special dispensation permits,
for Zimbabweans already in the country under the Immigration Act. The
permit system was never fully implemented; however, on September 20,
the Government began a three-month documentation and amnesty drive.
Zimbabweans already in the country on or before March 31, 2009 were
offered the chance to turn in any fraudulent South African identity
documents without penalty and then apply for the appropriate study,
work, or business permits. Requirements to obtain the permits were
simplified, and the Government worked closely with Zimbabwean
authorities to try to ensure that all potential applicants would be
able to obtain a valid passport. Those who did not take advantage of
the documentation drive faced deportation. Asylum-seekers with pending
claims had the option of withdrawing their application and reapplying
under the new initiative or continuing with their original claim. As of
December 31, 275,762 applications had been received, of which 42,779
applications had been finalized and approved, with 10,166 awaiting
review; 222,817 applications were awaiting adjudication. Amnesty was
granted to 6,243 Zimbabwean nationals, and a total of 49,255 Zimbabwean
nationals had surrendered their asylum status to obtain valid work and
business permits.
Societal attacks on refugees occurred during the year.
There were no developments in the June 2009 stabbing death of
Angolan refugee Sebastian Santana, who resisted an attempted robbery
near the Nyanga Refugee Reception Center. A police investigation was
ongoing.
The Government also offered temporary protection to some
individuals who may not have qualified as refugees under the 1951
Convention relating to the Status of Refugees or the 1967 Protocol.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens exercised this right through
periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--In April 2009 the country
held a largely free and fair national election in which the ruling ANC
won 65.9 percent of the vote and 264 of 400 seats in the National
Assembly, the dominant lower chamber of parliament. Parliament then
elected ANC President Jacob Zuma as the country's next president. The
leading opposition party, the Democratic Alliance (DA), won 67 seats,
the Congress of the People (COPE) won 30 seats, and the IFP won 18
seats. The remaining 39 seats in parliament were allocated to 10 other
political parties based on election results. In the upper house of
parliament, the National Council of Provinces (NCOP), the ANC held 35
seats, the DA 10, and COPE seven. The remaining two seats were
allocated to the IFP and the Independent Democrats. The NCOP is
primarily a reviewing chamber that has the power to send legislation
back to the National Assembly for retooling and can vote on legislation
affecting the rights of the nine provinces.
Electoral violence occurred. In KwaZulu-Natal Province, for
example, there were 162 violent incidents in the six weeks prior to the
elections, including 25 cases of intimidation, four killings, four
attempted killings, one case of arson, and one case of intimidation
with a firearm. Other reported cases of election-related violence
included 62 in the Northern Cape and 30 in Limpopo.
There also were reports of electoral irregularities, including
attempted vote rigging.
In KwaZulu-Natal Province, for example, Ulundi election official
Sindisiwe Mncube was arrested after being caught with illegally marked
ballot papers favoring the IFP. In June 2009 Mncube was found guilty on
five charges of forgery and violations of the electoral code and
sentenced to five years in prison.
Women held 14 of 34 ministerial positions, including the
ministerial portfolios of foreign affairs and defense, and 11 of 28
deputy ministerial positions. There were 172 women in the 400-seat
National Assembly and 19 women among the 54 permanent members of the
NCOP. Women occupied two of four parliamentary presiding officer
positions, including the deputy speaker of the National Assembly and
deputy chair of the NCOP.
There were an estimated 119 members of minorities (nonblack
citizens) in the National Assembly. There were 18 minority members
among the 54 permanent members of the NCOP. The cabinet included 19
members of minority groups.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government continued efforts to curb corruption; however, the World
Bank's worldwide indicators reflected that corruption remained a
problem.
On August 3, former police chief and president of the International
Criminal Police Organization (Interpol) Jackie Selebi was sentenced to
15 years in jail for corruption and defeating the ends of justice;
Selebi, who received bribes of 1.2 million rand ($168,000) from drug
dealer Glenn Agliotti, also showed Agliotti secret police reports. On
September 6, Selebi was released on bail. On September 9, the National
Prosecuting Authority (NPA) confirmed that prosecutor Gerrie Nel and
chief investigator Andrew Leask were being investigated for
irregularities.
On August 12, President Zuma announced the start of an
investigation by the Special Investigating Unit (SIU) of five
ministries, two provincial departments, and the South African Social
Security Agency. The investigation was ongoing at year's end.
On August 18, the minister of Human Settlements Tokyo Sexwale
announced that his department had recovered 44 million rand
($6,160,000) and arrested 1,910 government officials who were illegally
benefitting from housing subsidies.
In November President Zuma signed a proclamation authorizing an SIU
investigation into alleged financial irregularities in all 24
municipalities in North West Province; the investigation was ongoing at
year's end.
Corruption remained a problem within prisons, although most
correctional officials were either suspended or fired following an
investigation. According to the JICS report released during the year,
there were 691 complaints of corruption during the annual reporting
period. The SIU identified irregularities in 23 contracts and
recommended that 433 officials be penalized. It also charged 26 doctors
and 10 officials with criminal offenses; an additional 433 officials
were disciplined. There were no further developments in the 2008
investigation of malfeasance in prison tendering contracts.
At least 10 agencies, including the SIU, the Public Service
Commission, the Office of the Public Prosecutor, and the Office of the
Auditor General, were involved in anticorruption activities.
The SIU investigated corruption in government departments and
identified civil servants alleged to have improperly received state
housing subsidies. The Government took administrative action to recover
these subsidies. In November 2009 the Government announced that a
special SIU team dedicated to investigating housing fraud would
investigate 800 officials at the national and provincial level and 123
in local government for corruption.
The Office of the Public Protector investigated government abuse
and mismanagement and served as the office of last resort for citizens
reporting unfair treatment by government entities. The office handled
an increasing number of complaints but was hampered by severe resource
constraints.
Public officials were subject to financial disclosure laws, and
most officials complied with the law, although not always in a timely
manner.
The law provides for access to government information; however, the
Government did not always comply with the law. If a government
department refuses to provide information, the requester can launch an
internal appeal. If this also fails, the requester may appeal a
decision to the High Court, a lengthy and expensive process. The Open
Democracy Advice Center continued to report that many requests for
information went unanswered or were answered outside the period
provided for in the legislation.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were generally cooperative and responsive to their views.
The South African Human Right Commission (SAHRC), which was created
by the Government but operates independently, is responsible for
promoting the observance of fundamental human rights at all levels of
government and throughout the general population. The SAHRC also has
the authority to conduct investigations, issue subpoenas, and hear
testimony under oath. SAHRC enjoyed support from the Government without
interference, and the Government reacted positively towards SAHRC
reports. During the year the SAHRC issued reports on xenophobia,
economic and social rights, and indigenous people's rights.
The Government cooperated with international governmental
organizations and permitted visits by UN representatives and other
organizations. UN Development Program chief Helen Clark visited the
country in May to highlight progress towards the Millennium Development
Goals, and a UN working group on the use of mercenaries visited in
November.
There were no parliamentary committees that dealt exclusively with
human rights; however, certain parliamentary committees looked into
human rights issues for their constituencies.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination on the grounds of
race, disability, ethnic or social origin, color, age, culture,
language, sex, pregnancy, sexual orientation, or marital status.
However, entrenched attitudes and practices often resulted in the
denial of these rights in practice.

Women.--Rape, including spousal rape, is illegal but remained a
serious and pervasive problem. Minimum sentencing for rape convictions
is 10 years in prison for the first offense, 15 years for the second,
and 20 for the third. Under certain circumstances--such as multiple
rapes, gang rapes, or the rape of a minor or a person with
disabilities--conviction results in a minimum sentence of life
imprisonment (25 years), unless substantial and compelling
circumstances exist to justify a lesser sentence. Perpetrators with
previous rape convictions and perpetrators aware of being HIV-positive
at the time of the rape also face a minimum sentence of life
imprisonment, unless substantial and compelling circumstances exist to
justify a lesser sentence. According to the 2009-10 SAPS annual report,
there were 55,097 cases of rape and indecent assault during the year;
many of the victims were elderly women. According to a 2008 study by
SAPS and the Centre for the Study of Violence and Reconciliation, only
4.1 percent of reported rape cases resulted in conviction. In most
cases attackers were friends or family members of the victim, which
contributed to a reluctance to press charges. A poor security climate
and societal attitudes condoning sexual violence against women
contributed to the problem. A 2005 study by the Medical Research
Council estimated that only one in nine rape victims reported the crime
to SAPS. A June 2009 report released by the Medical Research Council
found that more than 25 percent of men interviewed in KwaZulu-Natal and
Eastern Cape provinces admitted to committing at least one rape, and
more than half of those persons admitted to raping more than one
person.
Allegations of rape, sexual assault, and sexual harassment of black
and foreign female farm workers by farm owners, managers, and other
farm workers were common.
In 2007 parliament passed amendments to the law that broadened the
physical definitions of rape and indecent assault, included males as
victims, and restricted admission of victims' sexual histories as
evidence in court to improve the Government's capacity to punish
perpetrators and protect victims. Victims' rights groups, however,
criticized the law's conditional provision of post-exposure prophylaxis
only to victims who filed charges with SAPS or reported the alleged
offenses to designated health establishments.
The Government operated 42 sexual-offenses courts throughout the
country that included designated facilities such as waiting rooms,
court preparation rooms, and closed caption television rooms for
victims. Although judges in rape cases generally followed statutory
sentencing guidelines, women's advocacy groups criticized judges for
using criteria such as the victim's behavior or relationship to the
rapist as a basis for imposing lighter sentences. Critics also charged
that support for dedicated sexual-offenses courts had eroded, and that
some of the previously dedicated courts were hearing other types of
cases. As a result, sexual offense cases took longer to resolve, and
conviction rates--which were previously the highest in the country--had
decreased. The NPA's Sexual Offenses and Community Affairs Unit (SOCA)
unit reported a 66.7 percent conviction rate during the year, which was
a decrease from previous years, but still higher than the rates
reported for other regional courts where convictions in sexual offenses
cases averaged less than 54 percent.
During the year SOCA opened seven and operated 18 Thuthuzela Care
Centers (TCC) that specialized in rape care management and streamlined
a network of existing investigative, prosecutorial, medical, and
psychological services in the hospitals where they were located.
Domestic violence was pervasive and included physical, sexual,
emotional, and verbal abuse, as well as harassment and stalking by
former partners. The law facilitates the serving of protection orders
on abusers, requires the police to take victims to a place of safety,
and allows police to seize firearms at the scene and to arrest abusers
without a warrant. Violating a protection order is punishable by a
prison sentence of up to five years, or 20 years if additional criminal
charges are brought. Penalties for domestic violence include fines and
sentences of between two and five years' imprisonment.
According to NGOs, about one in four women were in an abusive
relationship, but few reported it. A June 2009 report released by the
Medical Research Council found that more than two-fifths of men
interviewed in KwaZulu-Natal and Eastern Cape provinces had been
physically violent toward an intimate partner. TCC counselors also
alleged that doctors, police officers, and judges often treated abused
women poorly.
The Government financed 39 shelters for abused women, but more were
needed, particularly in rural areas. The Government continued to
conduct domestic violence awareness campaigns. In honor of Women's
Month, the Government hosted numerous events focused on empowering
women in business, government, health, sports, and the arts.
Although the law prohibits sexual harassment, it remained a
widespread problem. The Government left enforcement primarily to
employers, with criminal prosecution a rare secondary step at the
initiative of the complainant. The Department of Labor (DOL) issued
guidelines to employers on how to handle workplace complaints, which
allowed for remuneration of the victim's lost compensation plus
interest, additional damages, legal fees, and dismissal of the
perpetrator in some circumstances. Tougher punishments could be
generated for assault, which carries a range of penalties depending on
the severity of the act, but only if the complainants press charges.
Couples and individuals have the right, and were able in practice,
to decide freely and responsibly the number, spacing, and timing of
their children, and to have the information and means to do so free
from discrimination, coercion, and violence. Contraception was widely
available, and women could access it for free at government clinics.
According to a 2008 Department of Health (DOH) report, 94 percent of
women had access to prenatal care while 84 percent had access to a
skilled attendant at birth, except in the poorest communities where the
rate was 68 percent. According to the UN Development Program, the
maternal mortality ratio was 625 per 100,000 live births. To improve
postnatal care, the DOH 2009-10 Annual Report indicated that 164 of the
549 identified maternity facilities implemented the Basic Antenatal
Care program. During the year 30 percent of women were examined within
three postpartum days. Women were equally diagnosed and treated for
sexually transmitted infections, as well as HIV.
Discrimination against women remained a serious problem despite
their equal rights under the law governing inheritance, divorce, and
child custody. Women experienced economic discrimination in areas such
as wages, extension of credit, and ownership of land. For example,
township housing transfer schemes favored existing titleholders, who
tended to be men.
Many rural areas were administered through traditional patrilineal
authorities, such as a chief or a council of elders, who did not grant
land tenure to women, a precondition for access to housing subsidies.
Women, particularly black women, typically had lower incomes and
less job security than men. Most women were engaged in poorly paid
domestic labor and microenterprises, which did not provide job security
or benefits. The Department of Trade and Industry (DTI) provided
incentive grants to promote the development of small- and medium-size
businesses and microenterprises for women, young persons, and persons
with disabilities. DTI also established the Isivande Women's Fund to
improve women's access to formal finance in the absence of personal
savings and gender-biased institutions.
According to the annual census conducted by the Businesswomen's
Association, the number of women in top leadership positions remained
constant. Women held only 19.3 percent of executive-level and 16.6
percent of director-level positions. The Employment Equity Commission
released statistics showing that 63 percent of top managers in private
companies were white men, while black women comprised only 3 percent
and colored and Indian women made up only 1 percent.
Female farm workers often experienced discrimination, and their
access to housing often was dependent on their relationship to male
farm workers. Female farm workers on maternity leave who could not
obtain timely compensation via the Unemployment Insurance Fund often
had no choice but to return to work shortly after giving birth,
according to NGOs working with farm workers in Limpopo Province.
A number of governmental bodies, particularly the Gender Commission
and the Ministry for Women, Children and Persons with Disabilities, and
numerous NGOs monitored and promoted women's rights.

Children.--The law provides for citizenship by birth, descent, and
naturalization. However, registration of births was inconsistent,
especially in remote rural areas or among parents who were foreign
nationals and themselves unregistered. This resulted in lack of access
for children to public services such as education, health care, and
financial grants.
The law mandates compulsory education from ages seven to 15 and
ensures that children cannot be refused admission to public schools due
to a lack of funds. The law provides for access to education for
disadvantaged children (who traditionally are black children) through a
uniform system for the organization, governance, and funding of
schools. However, public education was fee based and the Government did
not fully subsidize education. Even when children qualified for fee
exemptions, parents who were poor had difficulty paying for uniforms,
books, and supplies. Some children who were enrolled did not attend
school.
According to the 2008 Education Statistics Report by the Department
of Education, 92 percent of grade 1 to 12, school age children were
enrolled in school. Those not enrolled tended to be children with
special needs. Most children attended school until the age of 16, when
eligibility for the Child Support Grant ends. There were an equal
number of boys and girls in grades 1 to 12, with boys slightly
outnumbering girls in primary school (grades 1-7), but 5 percent more
girls than boys were in secondary school (grades 8-12).
There continued to be reports of rape, sexual abuse, sexual
harassment, and assaults at school of girls by teachers, students, and
other persons in the school community. The law requires schools to
disclose sexual abuse to the authorities; however, administrators often
concealed sexual violence or delayed disciplinary action. The level of
sexual violence in schools also increased the risk for girls of
contracting HIV/AIDS or other sexually transmitted diseases, as well as
unwanted pregnancies.
Although the law prohibits corporal punishment in schools, there
were reports that teachers used physical violence to discipline
students. Student-on-student violence, including racially motivated
violence, continued to be a major concern of educational authorities
and parents. Teacher organizations, parents, and police worked together
in the ``Safe Schools Program'' to address these problems. Many schools
implemented ``Adopt-a-Cop'' programs, inviting SAPS officers into their
schools for training and security.
HIV/AIDS remained one of the leading causes of death among women
and children, accounting for 43.7 percent of maternal deaths and 35
percent of deaths of children under age five. During the year the
Government revised its eligibility criteria to extend antiretroviral
(ARV) treatment to women, infants, and persons also infected with TB
who were not previously covered. Based on the new guidelines, eligible
individuals received ARV treatment at all government clinics and
hospitals. HIV-positive women who had not been eligible for ARVs under
the previous guidelines received Prevention of Mother to Child
Transmission regimens at 14 weeks of pregnancy and, among other things,
an annual pap smear. HIV/AIDS activists, physicians, and opposition
parties who had criticized the previous administration's denial of the
causes and existence of HIV/AIDS, lauded President Zuma's commitment to
lead the fight against the pandemic. To reduce maternal and infant
mortality rates and HIV transmission from mother to newborn to a stated
goal of less than 5 percent by 2011, the Government worked with experts
and the World Health Organization to revise the 2008 Prevention of
Mother to Child Transmission guidelines to provide enhanced regimens of
ARV therapy to pregnant women, as well as postnatal prophylaxis and
early treatment for at-risk or HIV-infected infants.
Violence against children, including domestic violence and sexual
abuse, remained widespread. While there was increased attention to the
problem, a lack of coordinated and comprehensive strategies to deal
with violent crime continued to impede the delivery of needed services
to young victims. According to the 2009-10 SAPS report, 27,417 children
were victims of sexual offenses between April 2009 and March 2010. Of
that total, 965 were killed, and 12,062 were assaulted with intention
to do grievous bodily harm. Observers believed that these figures
represented a small percentage of the actual incidence of child rape
since most cases involving family members were not reported. According
to the NGO Childline, 25 percent of girls and 20 percent of boys were
at risk of being raped before age 16. According to a June 2009 report
released by Solidarity, the country's largest independent trade union,
45 percent of all rapes were perpetrated against children, and more
than 88 percent of child rapes were never reported to the police.
The law states that no child under the age of 12 can consent to any
sexual activity and sets 16 as the lowest age for consensual sex with
another minor. Statutory rape is defined as sexual intercourse between
anyone under 18 and an adult more than two years older. The statutory
sentence for rape of a child is life in prison; however, the law grants
judicial discretion to issue more lenient sentences. The country had a
low conviction rate for rape and child abuse.
The traditional practice of ``ukuthwala,'' the forced marriage of
girls as young as 12 to adult men, continued in remote villages in the
Western Cape, Eastern Cape and KwaZulu-Natal provinces. In May 2009 the
Government and traditional leaders launched a ``Together We Are the
Solution'' campaign aimed at eliminating the practice with girls
younger than 18.
Penalties for the sexual exploitation of a child include fines and
imprisonment of up to 20 years. Some NGOs claimed the country was a
destination for child sex tourism, although the Government denied the
charge. The law prohibits child pornography and provides for penalties
including fines and imprisonment of up to 10 years. The Film and
Publication Board ran a Web site and a toll-free hotline during the
year to enable the public to report incidences of child pornography.
The high incidence of HIV/AIDS resulted in an increase in the
number of child-headed households. These children sometimes turned to
prostitution to support themselves and their siblings. Other children
were trafficked and forced into prostitution. NGOs provided shelter and
medical and legal assistance for children in prostitution and a hotline
for victims of child abuse.
AIDS activists alleged that children in prostitution were often
highly sought after because of the widely held belief that sex with a
virgin provided a cure for HIV/AIDS. SAPS officials, however, stated
that under questioning perpetrators usually admitted they knew this
claim was false.
Despite outreach programs to discourage the practice, ritual
circumcision of males, including children, usually by medically
unqualified practitioners, was still a prevalent initiation tradition
in several provinces, particularly in Eastern Cape Province. The
practice sometimes resulted in death. Circumcision was considered a
precondition for adult status, which permits marriage, inheritance, and
other societal privileges. The House of Traditional Leaders attempted
to address unsafe initiation practices and designed strategies to
prevent deaths and the spread of diseases, such as HIV/AIDS. However,
discussing the practice was taboo in many communities, where it was
considered a matter for chiefs to decide. Some traditional leaders
spoke out against government interference in initiation and
circumcision practices, while others declared moratoriums on
circumcisions in parts of Eastern Cape Province in response to the
rising number of deaths resulting from the practice.
The Department of Health in Eastern Cape Province provided
surgeons, health officials, and vehicles during the June initiation
season to monitor initiation practices. The Government also began a
countrywide voluntary male medical circumcision campaign, offering free
circumcision by qualified medical personnel as an alternative to
circumcision by unqualified practitioners. Nevertheless, 41
circumcision-related deaths, 100 hospitalizations, and several penis
amputations at the hands of unmonitored practitioners were reported in
Eastern Cape Province during the June initiation period, according to
press reports. In December, the first month of the summer initiation
period, 21 boys died from the procedure in Eastern Cape Province. From
2001 through 2007, Eastern Cape Province recorded nearly 2,600 hospital
admissions, 156 genital mutilations or amputations, and 232 deaths due
to dehydration and infection from unsafe and unsterile procedures. On
June 5, Mtshiyelwa Mtshayina Ndoda, a 55-year-old unregistered
traditional surgeon who had been arrested several times for operating
an illegal initiation school, was again arrested for the offence.
Neither this case, nor a pending case of operating an illegal
initiation school, had been concluded by year's end.
The country is a party to the 1980 Hague Convention on Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--The Jewish community was estimated at 75,000 to
80,000. During the year Jewish graves in Bloemfontein were defaced with
anti-Semitic graffiti, and there were reports of verbal abuse, hate
mail, and distribution of anti-Semitic literature in the country.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination on the
basis of physical, sensory, intellectual, and mental disability;
however, government and private-sector discrimination in employment
existed. The law mandates access to buildings for persons with
disabilities, but such regulations were rarely enforced, and public
awareness of them remained minimal.
There were more than 100,000 students with disabilities in
mainstream schools, and the Department of Basic Education allocated
part of its budget for assistive devices, material resources, and
assistive technology. To date, eight schools had been fully converted
to full-service, inclusive schools, with 20 more identified for future
conversion.
The law provides persons with disabilities protection from
harassment and, in conjunction with the Employment Equity Act, also
provides guidelines on the recruitment and selection of persons with
disabilities, reasonable accommodation for persons with disabilities,
and guidelines on proper handling of employee medical information.
Enforcement of this law was limited. The law also requires employers
with more than 50 workers to create an affirmative action plan with
provisions for achieving employment equity for persons with
disabilities. Persons with disabilities constituted 7.9 percent of the
general population, but only an estimated 0.9 percent of the public
service workforce and 1 percent of the private-sector workforce. The
Ministry for Women, Children and Persons with Disabilities launched a
Web site linking persons with disabilities with civil service
positions, but the Government did not met its target of 2 percent of
government positions occupied by persons with disabilities.
The law does not allow persons with mental disabilities to vote.
The Ministry for Women, Children, and Persons with Disabilities is
charged with protecting the rights of persons with disabilities,
enhancing their development opportunities, and monitoring government
departments to ensure that disability issues are addressed in policies,
hiring practices, building plans, and other matters. NGOs also
advocated for the rights of persons with specific disabilities such as
blindness.

National/Racial/Ethnic Minorities.--Random xenophobic attacks on
foreign African migrants and ethnic minorities occurred and sometimes
resulted in death, injury, and displacement. Such attacks were
generally perpetrated by citizens who blamed immigrants for job and
housing losses and increasing levels of crime. The Government sometimes
responded quickly and decisively to xenophobic incidents, sending
police and soldiers into affected communities to quell violence and
restore order. However, civil society organizations criticized the
Government for failing to address the root causes of the violence, for
not facilitating opportunities for conflict resolution in affected
communities, and for failing to deter such attacks by vigorous
investigation and prosecution of participants.
On July 11, citizens attacked foreign-owned spaza shops (small
retail enterprises) and looted homes in Mbekweni, Paarl East,
Wellington, and Nyanga in Western Cape Province. Approximately 70
foreign nationals sought refuge at the Mbekweni police station in
Paarl; 22 at the Wellington police station; and about 100 foreign
nationals at a campsite outside Wellington. In response, the Government
deployed police and SANDF troops to townships in Western Cape Province
with instructions to take harsh action to stamp out xenophobic threats.
Police Minister Nathia Mthethwa and Defense Minister Lindiwe Sisulu,
who flew to the province to survey the situation, determined that the
attacks had been orchestrated by criminals using xenophobia to
destabilize communities. All those who had fled their homes had
returned to their communities or moved elsewhere by year's end. Police
arrested seven men in the Nyanga area and charged them with public
violence; there were no further developments.
On July 19, a robbery in the township of Kya Sands sparked a
confrontation between locals and foreign nationals. Attackers, some
armed with axes and pangas (large, heavy knives), kicked down doors
demanding money and identity documents. Spaza shops owned by foreign
nationals were looted. Sixteen people, including South Africans, were
injured. The Government, insisting that the attacks were not related to
xenophobia, sent in a heavy police and military presence. Ten suspects
were arrested; the investigation was ongoing at year's end.
There were no further developments in the following 2009 xenophobic
attacks: the May burning by a mob in Darling of a shop belonging to
Somali citizens Omar Josef and Hazim Amad, both of whom were killed in
the fire; the December attack by residents of the Westernburg Township
outside Polokwane of Zimbabwean nationals, which resulted in serious
injuries and the displacement of more than 200 persons; and the
December stoning by hundreds of Franschhoek residents of Somali-owned
businesses.
In November 2009 a mob chased approximately 3,000 Zimbabwean
migrants out of the town of De Doorns by attacking and destroying the
migrants' shacks; the attacks were reportedly sparked by competition
for seasonal farming jobs, with residents accusing the Zimbabweans of
agreeing to work longer hours for less pay. Police fired rubber bullets
to disperse the mob and arrested 24 persons for public violence. The
minister of home affairs subsequently sent a delegation to the town to
assist those migrants who had lost their identification documents
during the attack. The migrants set up an informal IDP camp on a local
rugby field, although most subsequently left. In December 2009 the
Witwatersrand University's Forced Migration Studies Project (FMSP)
released a study that indicated that dissatisfied local labor brokers
had pressured local leaders and residents to chase the Zimbabweans away
because they were angered by income losses blamed on Zimbabwean labor
brokers. On May 17, the municipality served notice on 369 IDPs who
still remained in the informal camp, giving them until September 6 to
relocate. The municipality promised to pay each person 1,200 rand
($168) and provide transport, but subsequently claimed it did not have
sufficient funds, resulting in the IDPs' refusal to move until the
agreement was honored. During the year the IDPs reported being
intimidated and pressured by the municipality. Meetings between the
community, local NGOs, and the municipality continued at year's end
with little sign of progress.
In September 2009 the Equality Court in Cape Town postponed until
later that month a xenophobia compensation claim by 11 foreign-national
shopkeepers from Zwelethemba township in Worcester. The plaintiffs were
seeking financial compensation and an apology from the police for
allegedly failing to protect them during the 2008 attacks. There was no
further information about the case at year's end. In February the SAHRC
released its report on the 2008 xenophobic attacks against foreign
African migrants and ethnic minorities, which resulted in 62 deaths in
Western Cape, Gauteng, and KwaZulu-Natal provinces; injuries to 670
persons; and the displacement of 80,000 migrants, most of whom had
reintegrated into their communities by the end of 2009. The report made
more than 100 recommendations, including the development of an early
warning system, better protection of foreign nationals, and the
successful prosecution of perpetrators. Field studies by the Institute
for Security Studies and FMSP implicated local ward politicians in
orchestrating attacks to gain political influence with residents,
although no related arrests were made. According to the Department of
Justice and Constitutional Development, more than 1,000 suspects were
identified, resulting in the referral of 597 cases to court, of which
109 were charged; the conviction rate was 16 percent. NGOs claimed that
none of the arrests or prosecutions was for murder, but the FMSP
reported that one suspect was convicted of murder and sentenced to 15
years in prison.
The continued killings of mostly white farm owners by black
assailants created concern among white farmers that they were being
targeted for racial and political reasons, although studies showed
perpetrators were generally common criminals motivated by financial
gain. There also were reports that white employers abused and killed
black farm laborers and complaints that white employers received
preferential treatment from the authorities. The Freedom Front Plus, an
Afrikaner minority political party, accused Minister of Police Nathi
Mthethwa of shying away from farm murders by refusing to record them as
a separate statistic in the SAPS Annual Report. The provincial
government of KwaZulu-Natal established forums to increase contact
between farmers and the police and to devise strategies to stop farm
attacks as part of the national government's ``Building a United Front
Against Crime'' campaign.
On April 3, Eugene Terre'Blanche, leader of the extremist white
right-wing Afrikaner resistance movement, was bludgeoned to death at
his farm near Ventersdorp, Limpopo Province. Two of Terre'Blanche's
farm workers, a man and a 15-year-old boy, later contacted police and
claimed to have committed the crime. On April 6, the two were charged
with murder and remained in prison awaiting trial, which had been
postponed to May 2011.
The law requires employers with 50 or more employees to ensure that
previously disadvantaged groups, legally defined as ``Blacks''
(including ``Africans,'' ``Colored,'' and ``Asians'' and collectively
constituting more than 90 percent of the country's population) are
represented adequately at all levels of the workforce. Notwithstanding
the country's antidiscrimination legislation, however, the DOL's 2009
Employment Equity Analysis reported that Blacks remained
underrepresented, particularly at the professional and managerial
levels. According to the report, Blacks held only 17.9 percent of top
management positions, 20 percent of senior management positions and
approximately 32.8 percent of all professional positions. Black women
remained by far the most disadvantaged group in number and quality of
management or skilled jobs. Employers cited a lack of training and
development, poor recruitment processes, and an antagonistic corporate
culture as the main impediments to affirmative action.

Indigenous People.--The NGO Working Group of Indigenous Minorities
in Southern Africa estimated that there were approximately 6,000
indigenous San in the country, some of whom worked as farmers or as
farm laborers. By law the San have the same political and economic
rights as other citizens; however, the Government did not always
effectively protect those rights or deliver basic services to the San
communities. Their participation was limited due to fewer
opportunities, minimal access to education, and relative isolation.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The post-apartheid
constitution outlaws discrimination based on sexual orientation, and in
2006 the country legalized same-sex marriage. There were no reports of
official mistreatment or discrimination. However, in its annual Social
Attitudes Survey released in 2008, the Human Sciences Research Council
found widespread public intolerance of homosexual activity, with 80
percent of respondents believing sex between two persons of the same
gender to be ``wrong'' and ``un-African.''
Rights groups reported that the LGBT community was subject to
societal abuses including hate crimes, gender violence targeting
lesbians, and killings. The Triangle Project, the country's largest
lesbian and gay rights organization, reported it received each week in
Cape Town 10 new cases of lesbian women being targeted for
``corrective'' rape, in which men raped lesbians to punish them for
being lesbian and to change their sexual orientation.
The trial of seven men accused of the 2006 murder of Zoliswa
Nkonyana, a lesbian, in Cape Town, was postponed several times during
the year. On September 15, the trial was again postponed because one of
the defense attorneys had not arrived in court. While the court was
waiting, four of the accused escaped their holding cell at the court,
but were rearrested four days later. A police sergeant at the jail was
also arrested for allegedly helping the men escape. In December the
trial was postponed to March 2011.

Other Societal Discrimination.--With availability of life-saving
ARV treatments, civil society activities, such as the Treatment Action
Campaign, and government campaigns to reduce discrimination against
persons with HIV/AIDS, the social stigma associated with HIV/AIDS
declined, according to anecdotal reports.
Section 7. Worker Rights

a. The Right of Association.--The law allows all workers with the
exception of members of the National Intelligence Agency and the Secret
Service to form and join unions of their choice without previous
authorization or excessive requirements, and these laws were applied.
The two unions in the military were governed by provisions in the
National Defense Bill that state that unions cannot affiliate with any
existing union federation and do not have the right to strike. A labor
court and labor appeals court enforced the right of association. Trade
union membership is estimated at three million persons and is largely
divided between three major union federations: the Congress of South
African Trade Unions (COSATU), the Federation of Unions of South
Africa; and the National Coalition of Trade Unions.
Labor laws extend to farm workers. President Zuma reported at the
July 30 National Farm Workers Summit that there were 7.5 million
persons who were farm dwellers and farm workers. Zuma reported that
they were protected under the South African Constitution and all labor
laws but that exploitation of farm workers continued. The Government
and unions enlisted the cooperation of AgriSA, the national farmers'
organization, to continue to improve the farm environment. COSATU and
leading agricultural NGOs complained that labor conditions on farms
remained harsh, including underpayment of wages and poor living
conditions. The union estimated that 10 percent of the agricultural
labor force was unionized and that unionization of farm workers
remained difficult.
The law provides for the right to strike, and workers exercised
this right frequently; however, workers considered to be providing
essential services were prohibited from striking. Nevertheless, strikes
throughout the year involved essential service staff. Disputes between
workers in essential services and their employers that were not
resolved through collective bargaining, independent mediation, or
conciliation were referred to arbitration or the labor courts.
Strikes were frequently chaotic and marked by destruction of
municipal property, alleged acts of worker sabotage, and violence
perpetrated against non-striking workers. Police occasionally used
force to disperse demonstrators blocking main roads and blocking
entrances to hospitals and schools. During the Public Sector Strike on
August 19, police used rubber bullets, water cannons, and tear gas to
disperse a strike by public servants who were blocking entrances to
hospitals and barricading main roads to bring traffic to a standstill.
Strikes were routine. Approximately 1.2 million public servants,
including most public school teachers and nurses at public healthcare
facilities, were on strike between August 18 and September 6. The
strike crippled services at public hospitals and schools. Workers
frequently blocked access to those facilities, and the SANDF was called
to both restore order and assist with medical care. President Zuma
criticized civil servants for deaths due to limited hospital services.

b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference. The Government
protected these rights, and workers exercised them. Collective
bargaining is protected by law. The law prohibits employers from
discriminating against employees or applicants due to past, present, or
potential union membership or participation in lawful union activities.
There were no lawsuits filed for antiunion discrimination.
There are no export processing zones.

d. Prohibition of Child Labor and Minimum Age for Employment.--
Child labor is prohibited by law. However, reports of child labor were
received in informal and agricultural sectors, particularly in the
former homeland areas. The law prohibits employment of a child less
than 15 years of age. Children over 15 but under 18 are also prohibited
from work that places at risk the child's wellbeing, education,
physical or mental health, or spiritual, moral, or social development.
The Government generally enforced child labor laws in the formal
sectors of the economy. Underage children were allowed to work in the
performing arts if their employer received DOL permission and agreed to
follow specific guidelines.
The HIV/AIDS epidemic contributed to the number of households
headed by children who supported themselves and often younger siblings.
However, in its 2007-08 Child Gauge Report, the Children's Institute at
the University of Cape Town stated that there was little evidence of
recent rapid growth in the orphan population due to HIV/AIDS. The South
African Institute of Race Relations, a research and policy
organization, reported that child-headed households accounted for 0.5
percent of all households, or approximately 148,000 households in 2007.
The Children's Institute noted that levels had remained relatively
stable since the 2002 General Household Survey.
Child labor was extremely limited in the formal economy, which is
monitored by strong and well organized unions, and sources could not
provide information about specific cases of child labor exploitation.
Despite a lack of statistical information, child labor was reported to
exist in the informal and extralegal market, particularly in the
agricultural sector as well as in domestic work. NGOs alleged that many
children in rural areas carried water for their families for excessive
hours under physically demanding conditions. Some children were
exploited by adults and forced to sell drugs and commit robberies,
including armed robbery.
The DOL attempted to employ an estimated 1,000 labor inspectors to
investigate reports of violations of child labor and trafficking and to
submit any evidence to the SAPS. However, due to a shortage of skilled
labor in the country, the DOL reported it was not always able to meet
the goal and exact figures were unavailable. Other reports indicated
that the actual number of inspectors was closer to 650. Violation of
laws regulating child employment is punishable by a maximum prison
sentence of three years or a fine of 15,000 rand ($2,100). In some
cases DOL inspectors opted to resolve child labor cases by counseling
of employers, parents, and children, or by enlisting the services of
professionals in the welfare and education departments. There were
reports that inspectors had difficulty gaining access to farms where
child labor was reported.
The Government's Child Labor Program of Action integrated the
priorities of government ministries to combat child labor with a
variety of government financial support mechanisms. The Children's
Amendment Act No. 41 of 2007, signed into law by President Mbeki in
2008, was officially implemented on April 1. This Act strengthens the
Children's Act No. 38 of 2005, which set national regulations outlining
the care and protection of children, the responsibilities of parents,
and the prosecution procedures in the case of violations. The original
act also reduced the majority age from 21 years to 18 years. The 2007
Amendment Act expands the scope of the Children's Act by delegating
responsibility over which both the national and provincial governments
share functions and duties. However, the largest factor in reducing
child labor remained the Government's 250 rand ($35) per month Child
Support Grant to primary care givers of children under the age of 16.
The age was scheduled to be increased to 17 in January 2011 and 18 in
January 2012.
See also the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

e. Acceptable Conditions of Work.--There was no legally mandated
national minimum wage, although the law gives the DOL authority to set
wages by sector. Minimum wages were established for multiple economic
areas including the retail sector, farm laborers, domestic workers, and
taxi (minibus) drivers. The minimum wage for farm workers was
approximately 6.31 rand ($.88) per hour. The minimum hourly wages for
domestic workers employed more than 27 hours per week ranged from 4.85
rand ($.67) to 7.06 rand ($.98). Depending on the province, compliance
with the minimum wage rate generally ranged from 65 to 90 percent,
according to 2007 DOL figures. According to COSATU, sector minimum
wages did not provide a decent standard of living for a worker and
family.
Annual negotiations between employers and employee associations or
unions set wage rates on an industry or plant basis for unionized
workers in the formal economy. Wage negotiations for civil servants
resulted in numerous strikes during the year. Most unions demanded
double-digit wage increases; economists lamented these were not tied to
productivity or inflation. President Zuma, speaking at the National
Farm Workers Summit, stated that ``the evictions, human rights abuses,
and super exploitation of farm workers and farm dwellers remain a
blight on the conscience of our society and a serious obstacle to the
creation of a vibrant rural economy. The establishment of the
Department of Rural Development and Land Reform indicates our
seriousness in ensuring an intense focus on rural development.''
The law establishes a 45-hour workweek, standardizes time-and-a-
half pay for overtime, and authorizes four months of maternity leave
for women. No employer may require or permit an employee to work
overtime except by agreement, and overtime may not be more than 10
hours a week. The law stipulates rest periods of 12 consecutive hours
daily and 36 hours weekly, which must include Sunday. The law allows
for adjustments to rest periods by mutual agreement. These standards
were effectively enforced in the formal sector, as labor unions and
labor courts focused on compliance. A ministerial determination
exempted businesses employing fewer than 10 persons from certain
provisions of the law concerning overtime and leave. Farmers and other
employers could apply for variations from the law by showing good
cause.
The law protects both foreigners and immigrant workers. In 2008 the
Commission for Conciliation, Mediation, and Arbitration (CCMA) ruled in
favor of a foreign employee whose employment contract had been
terminated by Discovery Health Limited when the employee's temporary
work permit expired. The CCMA's ruling established that foreign workers
are included and protected by the Labor Reform Act.
The Government set occupational health and safety standards through
the Department of Minerals and Energy for the mining industry and
through the DOL for all other industries. Occupational health and
safety issues were a top priority of trade unions, especially in the
mining, construction, and heavy manufacturing industries. The law
provides for the right of mine employees to remove themselves from work
deemed dangerous to health or safety. The law prohibits discrimination
against an employee who asserts a right granted by the law, and
requires mine owners to file annual reports providing statistics on
health and safety incidents for each mine. In addition, a tripartite
mine health and safety council and an inspectorate of mine health and
safety were responsible for enforcing the law and monitoring compliance
with its provisions.
In 2008 parliament passed amendments to the Mine Health and Safety
Act, making employers subject to heavy fines or imprisonment for the
serious injury, illness, or death of employees due to unsafe mine
conditions. The amendments provide for mine inspectors to enter any
mine at any time to interview employees and audit records.
Outside the mining industry, there were no laws or regulations that
permitted workers to remove themselves from work situations deemed
dangerous to their health or safety without risking loss of employment;
however, the law provides that employers may not retaliate against
employees who disclose dangerous workplace conditions.
While labor conditions improved on large commercial farms, they
remained harsh, especially for small holdings' workers, most of whom
were black. Many owners of small farms did not measure working hours
accurately. Twelve-hour days were common during harvest time, and few
farmers provided overtime benefits. At the July 30 National Farm
Workers Summit, President Zuma mentioned that farm workers still lack
proper housing and access to basic services and amenities. He said
workers struggle to gain access to education and healthcare and
generally do not feel safe. Zuma said that workers in the sector ``do
not feel they are an integral part of the South African society.''

__________

SUDAN

Sudan, a republic with an estimated population of 40 million, is
governed according to a power-sharing arrangement established by the
2005 Comprehensive Peace Agreement (CPA), which ended the 22-year civil
war between the North and South and established an interim Government
of National Unity (GNU). The GNU is composed of the National Congress
Party (NCP), dominated by Islamists from the North and ruled by
authoritarian President Omar Hassan al-Bashir and his inner circle, and
the Sudan People's Liberation Movement (SPLM), led predominantly by
Christians and practitioners of traditional indigenous religions from
the South. From April 11 to 15, the country held its first nationwide,
multiparty elections in 24 years. The elections, which several Northern
opposition parties boycotted, did not meet international standards.
Observers reported problems including the restriction of civil
liberties; inadequate logistical preparations; intimidation and threats
of violence, particularly in the South; that ongoing conflict in Darfur
did not permit an environment conducive to elections; and that the
tabulation process was not transparent and did not follow procedural
safeguards, raising ``questions about the accuracy of the election
results.'' President Bashir was reelected, and his political party won
323 out of 450 seats in the National Assembly. The SPLM is the ruling
party of the semiautonomous Government of Southern Sudan (GOSS), which
ratified a separate constitution in 2005. A referendum to determine
whether the South would become an independent entity was scheduled for
January 2011. A CPA-mandated simultaneous referendum on the status of
the Abyei area was indefinitely postponed. The country experienced
several violent conflicts during the year, including continued conflict
in Darfur and in the South. In the North and South, there were
instances in which elements of the security forces acted independently
of civilian control, especially in the Darfur region.
The following human rights abuses occurred: abridgement of
citizens' right to change their government; extrajudicial and other
unlawful killings by government forces and other government-aligned
groups throughout the country; torture, beatings, rape, and other
cruel, inhumane treatment or punishment by security forces; harsh
prison conditions; arbitrary arrest and detention, incommunicado
detention of suspected government opponents, and prolonged pretrial
detention; executive interference with the judiciary and denial of due
process; obstruction of the delivery of humanitarian assistance and the
expulsion of individuals working for humanitarian nongovernmental
organizations (NGOs); restrictions on privacy; restrictions on freedom
of speech; restrictions on the press, including direct censorship;
restrictions on freedoms of assembly, association, religion, and
movement; harassment of internally displaced persons; harassment and
closure of human rights organizations; violence and discrimination
against women, including female genital mutilation; child abuse,
including sexual violence and recruitment of child soldiers; prevention
of international human rights observers from traveling to and within
the country; trafficking in persons; discrimination and violence
against ethnic minorities; denial of workers' rights; and forced and
child labor.
Conflict and human rights abuses in Darfur continued. An estimated
1.9 million civilians have been internally displaced, and approximately
270,000 refugees have fled to neighboring Chad since the conflict in
Darfur began in 2003. According to UN estimates, 268,000 persons were
displaced between January and November in Darfur. The UN estimated in
2006 that 200,000 persons had died as a result of the conflict and that
by 2008 an additional 100,000 may have died. Civilians in Darfur
continued to suffer from the consequences of genocide.
The Government continued to bomb and burn civilian areas.
Government forces and government-aligned militia continued to kill
civilians, rape women and girls, and use child soldiers. Darfur rebel
factions, bandits, and unidentified assailants also killed and abducted
civilians, humanitarian workers, and personnel of the UN-African Union
(AU) Hybrid Mission in Darfur (UNAMID); beat and raped civilians; and
used child soldiers. Interethnic violence was a severe problem and
resulted in civilian deaths and displacement.
In Southern Sudan (the South) interethnic fighting and Lord's
Resistance Army (LRA) attacks continued to kill and displace civilians.
According to UN estimates, violence in the South resulted in an
estimated 986 deaths and the displacement of 223,708 persons during the
year. Attacks by local militias occurred after the April elections.
Registration for the 2011 Southern Sudan self-determination referendum
occurred from November 15 through December 8 in all 25 states. Lack of
progress on preparations for a separate referendum on whether the
border region of Abyei should be part of the North or the South led to
sporadic violence and rising tensions in the area.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were numerous
reports that the Government and its agents committed arbitrary and
unlawful killings.
Government forces, government-aligned militias, rebels, and
interethnic fighting killed civilians in connection with the conflict
in Darfur (see section 1.g.).
Violence involving the Sudan People's Liberation Army (SPLA),
militias, interethnic fighting, and the LRA killed civilians in the
South (see section 1.g.).
On January 14, authorities executed six men convicted of killing
police officers during violence in the Soba Aradi area of Khartoum in
2005. The men reportedly stated they had not had sufficient access to
counsel and that their confessions were obtained through the use of
torture.
On February 14, the National Intelligence and Security Services
(NISS) arrested University of Khartoum student Mohamed Moussa Abdallah
Bahr el Din. He was found dead the next day, with his body showing
signs of torture.
Security forces killed demonstrators. On May 2, police opened fire
on persons protesting against a North Darfur-area Ponzi scam, killing
17 and injuring 200 others. The protesters had assembled to submit a
letter of protest to the governor of North Darfur.
On May 26, at Dalanj University, police fired at student
demonstrators; three students were killed and others injured during the
altercation that reportedly occurred during a sit-in at the National
Students' Support Fund. It was unclear why police fired on the
demonstrators. Conflicting witness accounts included a report that NCP-
affiliated students at the scene beat the protesters with lengths of
rebar, in addition to the actions from the police.
On December 1, at Zalingei University in West Darfur, security
forces fired upon student demonstrators, killing two and injuring
others. The demonstrators were protesting during a Doha forum civil
society consultation and reportedly threw rocks at a departing convoy.
Minister of Justice Mohamed Bushara Dosa reportedly ordered an
investigation into the killings.
There were no reported developments regarding civilians killed by
fighting between the Government and rebels during the 2008 Justice and
Equality Movement (JEM) attack on Omdurman or on persons killed by the
NISS in Khartoum and Omdurman following the attack.
SPLA soldiers committed extrajudicial killings.
There were no known developments concerning the May 2009 killing of
five civilians and injuring of three others in Pibor by SPLA soldiers.
There were no reported developments in the 2008 case of civilians
killed and displaced in connection with an SPLA disarmament operation
in Iloli and Loguruny villages in Eastern Equatoria. According to the
UN, the SPLA stated that members of its Brigade Nine were arrested in
connection with the case; no additional information was available.
During the year land mines in the South killed 13 civilians and
injured another 25. The Government continued to cooperate with the UN
Mine Action Group to remove land mines in the South.
On June 10, the four individuals convicted and sentenced to death
in 2009 for the 2008 killings of diplomat John Granville and driver
Abdelrahman Abbas Rahama escaped from Kober Prison. Authorities caught
one of the killers, Muhanned Abuzaid Mohamed Salih, within a week, but
the other three remained at large.

b. Disappearance.--The Government was responsible for politically
and ethnically motivated disappearances.
There were no further developments in the cases of up to 2,500
Darfuris detained by the NISS following the 2008 JEM attack. Most had
been released by the end of 2008. According to information in a July
Amnesty International report, there may be approximately 200 persons
whose whereabouts remained unknown.
There were developments in the case of Abdelillahi Widaa, cofounder
of the NGO Darfur Forum for Reconciliation and Peaceful Coexistence,
who turned himself in to the NISS for questioning in 2008 and was then
detained and tortured at an undisclosed location. Widaa fled the
country after authorities released him in late 2009.
An estimated 15,000 Dinka women and children were abducted from
villages in Southern Sudan, mainly from 1983 to 1999; thousands of
these persons remained unaccounted for. The Government's Committee to
Eradicate the Abduction of Women and Children did not receive
government funding and did not return any previously abducted persons.
Gunmen in Darfur abducted humanitarian workers and UNAMID
personnel; this included criminal kidnapping for ransom (see section
1.g).
Intertribal abductions of women and children in the South
continued. For example, the Murle tribe regularly abducted children
during raids.
The LRA abducted persons, including children, in Southern Sudan
(see section 1.g.).

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Interim National Constitution prohibits such
practices; however, government security forces continued to torture,
beat, and harass suspected political opponents and others. In Darfur
and other areas of conflict, government forces, rebel groups, and
tribal factions committed torture and abuse (see section 1.g.). SPLA
forces sometimes abused persons in the South.
In accordance with Sharia (Islamic law), the Criminal Act provides
for physical punishments, including flogging, amputation, stoning, and
crucifixion--the public display of a body after execution. In practice
such physical punishment other than flogging was not frequently used.
Under the Interim National Constitution, the Government exempts the 10
southern states from Sharia, although it was applied there on an ad hoc
basis, and traditional customary law was frequently applied against
convicted defendants. Northern courts routinely imposed flogging,
especially for production of alcohol.
Government security forces beat and tortured persons in detention,
including members of the political opposition, civil society activists,
and journalists. These persons were often subsequently released without
charge.
For example, on October 9, in Khartoum, NISS officials arrested
Simon Noye Agot and 11 others at an event organized by the Student
Campaign to Support South Sudan Separation. Security forces tortured
Agot. He was beaten and threatened with being arrested again, and his
genitals were squeezed with metal objects. Authorities released him the
following day but took his shoes, cell phone, and money. A court
sentenced Agot to 15 days' imprisonment for disturbance of public
peace.
On several occasions during the year, authorities arrested, held
incommunicado, and beat members of the activist group Girifna.
Authorities forced some of those arrested to sign confessions. In all
cases authorities charged the individuals but then released them within
days of their arrests without taking them to trial. Those arrested
reported that security forces attempted to compel them to act as NISS
informers from within Girifna as a condition for their release.
For example, on March 15, authorities reportedly detained and
tortured Girifna member Abdallah Mahdi Badawi. An individual claiming
to be a new Girifna member had arranged to meet with him; however, he
was instead taken to an office where 13 men interrogated and abused
him.
On July 5, in Khartoum, police reportedly arrested Girifna members
Hassan Ishag, Azzi Eldine al-Anssari, and Hassan Mohamed while they
were distributing the group's magazine. They were released the
following day after being taken to national security offices, where
they were questioned, reportedly tortured, and asked to become
informants.
Under public order laws, indecent dress is punishable by a maximum
of 40 lashes, a fine, or both. Authorities in the North applied this
law more frequently against women than men. It was applied against both
Muslims and non-Muslims.
On December 14, security forces arrested more than 44 persons, most
of whom were women, demonstrating in reaction to a video that showed
two police officers lashing a woman. Authorities later released the
demonstrators on bail but charged them with public nuisance and
disturbing the peace.
Police and NISS officers forcibly dispersed protesters, which
resulted in serious deaths and injuries (see sections 1.a. and 2.b.).
Security forces in the North raped women, including in connection
with the conflict in Darfur.
Security forces in the South abused civilians, including political
party members.
On April 14, in Yambio in Central Equatoria State, during the
elections, an SPLA soldier and an intelligence officer reportedly beat
two persons affiliated with an independent candidate.
There were cases in which Southern Sudan Police Services (SPSS)
officers and SPLA officers reportedly raped women, including with
impunity. For example, there were allegations of rape and forced
prostitution of female cadets, beatings, and sale of food that should
have gone to cadets at the John Garang Unified Police Academy at Rajaf.

Prison and Detention Center Conditions.--Prison conditions
throughout the country remained harsh and overcrowded. Health care was
often below standard; prisoners sometimes relied on family or friends
for food. Officials continued to arbitrarily deny visits to prisoners.
The Government routinely mistreated persons in custody. Security
forces held detainees incommunicado; beat them; deprived them of food,
water, and toilets; and forced them to sleep on cold floors. Prisoners
died from lack of health care and poor prison conditions. For example,
in Darfur, prison overcrowding contributed to the spread of meningitis
and the deaths of at least three prisoners during the year. A South
Darfur prison with a capacity of 250 persons held 750 individuals as of
September 7.
Men and women were not held together in the North. In Khartoum,
juveniles did not occupy adult prisons or jails but sometimes were held
with adults elsewhere in the North. Political prisoners were held in
special sections of prisons. The main prison in Khartoum, Kober Prison,
contained separate sections for political prisoners, those convicted of
financial crimes, and an unknown number of JEM detainees.
Prisoners were allowed to take part in religious observance,
including attending church, as well as Muslim prayers in the North.
Authorities permitted prisoners, but not detainees, to submit
complaints to judicial authorities without censorship and to request
investigation of credible allegations of inhumane conditions.
Authorities investigated credible allegations of inhumane conditions in
prisons and documented the results of such investigations. However,
these rights were not always granted to pretrial detainees, political
prisoners, and those in the custody of police or security forces.
The Government allowed some restricted visits to prisons by human
rights observers in the North, although unfettered access continued to
be denied. The International Committee of the Red Cross (ICRC) had
limited access to government prisons during the year; however, released
prisoners reported that officials hid high-profile detainees during
visits. The Ministry of Justice occasionally granted UN Mission in
Sudan (UNMIS) and UNAMID access to visit government prisons during the
year.
In Darfur, prison officials participated in UN-sponsored capacity-
building trainings.
Prisons in the South were overcrowded. The UN independent expert on
the situation of human rights in the Sudan noted that the Juba prison
held 957 persons, although it was built to hold 500. Prisons in
Southern Sudan typically provided inmates with two meals a day.
According to law, in times of ``food shortage'' prisons are only
required to provide one meal a day. The Prisons Directorate of Southern
Sudan (SSPD) provided separate quarters for male and female prisoners
and usually held juveniles in separate cells. In many prison
facilities, including Bor, Rumbek, and Wau, there was a clear
separation of adult and juvenile prisoners. In other prisons, such as
Juba where a partition wall had collapsed, there was no meaningful
separation of adult and juvenile prisoners because of poor
infrastructure. There was a special prison section to hold children
separately from adults.
Pretrial detainees were generally, but not always, held in jails
separate from convicted prisoners in the South. Detention centers in
the South were under the control of local tribal or state authorities
and were uniformly substandard. Some were holes dug in the ground
around a tree, with detainees shackled to the tree. Sanitary and
medical facilities were uniformly inadequate.
The SSPD permitted monitoring of prison conditions by the ICRC and
other observers.
The Minni Minawi faction of the Sudan Liberation Army (SLA/MM)
continued to operate detention centers in North Darfur, including in
Dar al Salaam, Zam Zam, Um Baru, and Shangil Tobaya. UNAMID reported
that detainees were held in poor detention conditions. The SLA and
other rebel groups allowed the ICRC access to some detainees. UNAMID
visited the SLA/MM detention center in Zam Zam for internally displaced
persons (IDPs) camp during the year. On August 2 and August 17,
respectively, UNAMID was denied access to the SLA detention centers in
Zam Zam and Um Baru. According to the Human Rights and Advocacy Network
for Democracy (HAND), the SLA/MM summarily executed six civilian
prisoners in Dar el Salam, Tabit, and Um Gunga.

d. Arbitrary Arrest or Detention.--The Interim National
Constitution prohibits arbitrary arrest and detention without charge;
however, the Government continued to arbitrarily arrest and detain
persons, often under the National Security Act. Throughout the country,
arbitrary arrests and detention were common. While not legally invested
with arrest powers, the SPLA arrested and detained persons.

Role of the Police and Security Apparatus.--Several government
entities have responsibility for internal security, including the
police, the NISS, the Ministry of Interior, and the Ministry of
Defense; all had active security forces. The NISS maintains security
officers in major towns and cities throughout the North, including
Darfur, and has a presence in the South. The NISS also controlled the
Central Reserve Police (CRP). The Ministry of Defense's Border
Intelligence Force (border guards), a loosely organized force composed
largely of former janjaweed fighters, also operated in Darfur.
Security force impunity was a serious problem. The 2010 National
Security Act provides NISS officials with impunity for acts involving
their official duties. Abuses by security forces were not generally
investigated. Security force corruption was a problem, and security
force members sometimes supplemented their incomes by extorting bribes.
The SPSS has responsibility for law enforcement in the South under
the interim Southern Sudan constitution. The SPSS lacked resources and
capacity. Police reports were often incomplete; files, if used, were
frequently misplaced; and suspects were frequently detained based on
accusations rather than official investigations. Many SSPS members are
illiterate and lack formal education. Police corruption, impunity, and
lack of effectiveness were problems. There were reports of retaliation
against persons who complained about police abuses.
The SPLA does not have law enforcement authority under the Interim
Southern Sudan Constitution, except when requested by civil
authorities; however, the SPLA detained persons, including in SPLA-run
detention facilities, most notably in Lakes State. The SPLA conduct of
internal security and civilian disarmament caused tensions with
communities which claimed that the SPLA was not politically neutral and
not well disciplined.
The UNMIS police component trained SSPS personnel on a wide range
of security-related subjects during the year, but limited GOSS
resources hampered the effectiveness of the training programs.

Arrest Procedures and Treatment While in Detention.--Warrants are
not required for an arrest in the North. The criminal code permits
authorities to detain individuals for three days without charge, which
can be extended for 30 days by order of the director of security and
another 15 days with the approval of the prosecuting attorney.
Individuals accused of violating national security were frequently
detained indefinitely without charge, although the National Security
Act specifies that such individuals may be detained without charge for
three months, which the director of security may extend for another
three months. The law provides for the individual to be informed of the
charges at the time of arrest and for judicial determination without
undue delay, but these provisions were rarely followed.
The law allows for bail, except for those accused of crimes
punishable by death or life imprisonment, and there was a functioning
bail system in the North.
Although the law provides for access to a lawyer, government
security forces often held persons incommunicado for long periods in
unknown locations without access to lawyers or family members.
Authorities in the North arbitrarily arrested and detained
individuals. The NISS conducted numerous arbitrary arrests. Authorities
often detained persons for a few days before releasing them without
charge, but many persons were held for much longer. In Darfur, UNAMID
documented more than 140 cases during the year in which the NISS,
military intelligence, Sudanese Armed Forces (SAF), or SLA/MM
arbitrarily arrested and detained persons.
On March 4, in Khartoum, security forces broke up a peaceful
election event held by Girifna, charging members Taj Alsir Jafar Taj
Alsir, Abdallah Mahadi Badawi, and Hisham Mohamed Alhaj Omer with
creating a public nuisance.
On September 21, in El Fashir, the NISS reportedly arrested Awatif
Ishag Ahmed, an activist and editor of Alrahil magazine. She was
detained for several hours and questioned regarding the International
Criminal Court (ICC).
There were reports that some businessmen were held in detention
without due process for failure to repay large loans from Sudanese
financial institutions. Two financial prisoners died in January while
serving long detentions for failing to pay debts.
Several Darfuri university students who were arrested in April 2009
remained detained without charge or legal representation at Kober
Prison. The students were members of the United People's Front party.
According to representatives from HAND, one of the students may have
been released for health reasons.
Security forces in the North continued to target Southern women in
IDP camps because they produced and sold traditional home-brewed
alcohol beverages; some of these women were arrested and imprisoned for
up to six months under Sharia law. During the year there were
documented cases of female Southerners in the North, including in IDP
camps, whom security forces arrested, flogged, or imprisoned for
alcohol possession. Lawyers who worked with IDPs indicated that there
were fewer instances of this than in previous years.
The police arrested unmarried pregnant women who claimed to have
been raped. Unless a rape victim could provide proof of the crime, she
could be charged with the capital offense of adultery (see section 6).
Lengthy pretrial detention was common. Trial delays were caused by
large numbers of detainees and judicial inefficiency, such as the
failure of judges to appear for court.
The Government routinely imposed house arrest without due process.
In the South, under the GOSS 2008 criminal procedures code,
warrants should be issued by a duly authorized official; however,
arbitrary arrests occurred. Persons arrested must be brought before a
public prosecution attorney, magistrate, or court within 24 hours.
Police may detain individuals for 24 hours without charge in the South;
this may be extended up to one week with authorization from the public
prosecution attorney and by up to two weeks with authorization from a
magistrate. Detainees in the South were generally informed of charges
against them. There is a functioning bail system in Southern Sudan.
Those arrested have the right to access to an attorney and contact with
their family. Persons in the South were occasionally not informed
regarding their right to access to a lawyer and were not provided
prompt access to lawyers. There was an insufficient number of lawyers
to provide adequate defense counsel. In Southern Sudan trial delays
also resulted in unreasonably lengthy pretrial detentions.
On February 18, at the Juba airport, security forces arrested SPLM-
Democratic Change (SPLM-DC) members Denis Aywork Yor, Priyjwok Akol,
Ajawin, and Amjad Angelo Marino. They were detained, questioned about
their political activity, and released from custody the following day.
On February 28, security officials reportedly arrested SPLM-DC
members who were transporting campaign materials from Khartoum to
Northern Bahr al-Ghazal and detained them in a military detention
center in Aweil.

e. Denial of Fair Public Trial.--Although the Interim National
Constitution and the law provide for an independent judiciary, the
judiciary was largely subservient to the president or the security
forces, particularly in cases of alleged crimes against the state. On
occasion courts displayed a degree of independence; however, political
interference with the courts was commonplace, and some high-ranking
members of the judiciary also held positions in the Ministry of
Interior or other ministries in the executive branch.
Special courts existed in Darfur under the state of emergency to
try crimes against the state; there were three such courts, one in each
Darfur state capital.
The judiciary was inefficient and subject to corruption. On June 3,
a group of lawyers complained to the chief of the judiciary in Khartoum
that judges in el-Geneina, West Darfur, were continually absent from
work, resulting in a backlog of court cases. A number of replacement
judges were eventually sent from Khartoum.
Courts in the South were generally very rudimentary, understaffed
(with judges handling many of the court's administrative tasks), and
suffering from undertrained personnel. The courts are formally
independent, but in practice they are dependent upon the GOSS for
funding and at times subject to pressure from the SPLA on sensitive
matters. Because the courts are chronically underfunded, there was
ample room for corruption in the court system, and there were numerous
reports of bribery involving judges and other court officials.
Traditional courts have been formalized and integrated into the
judicial system. The court system did not function in many areas due to
lack of infrastructure, communications, funding, and an ineffective
police force.

Trial Procedures.--The Interim National Constitution and law
provide for fair and prompt trials as well as a presumption of
innocence; however, this often was not respected. Trials are open to
the public at the discretion of the judge. In cases of national
security and offenses against the state, trials were usually closed.
Juries are not used. The accused normally has the right to an attorney,
and the courts are required to provide free legal counsel for indigent
defendants accused of crimes punishable by death or life imprisonment.
Defendants and their attorneys generally have the right to present
evidence and witnesses, be present in court, confront accusers, and
have access to government-held evidence relevant to their cases.
However, there were reports that defendants frequently did not receive
legal counsel and that counsel in some cases could only advise the
defendant and not address the court. There were reports that the
Government sometimes did not allow defense witnesses to testify.
Defendants have a right to appeal, except in military trials, where
there is no appeal.
Persons in Darfur did not generally have access to legal counsel.
The independent expert on human rights in the Sudan noted that, during
his February visit, he found 13 of the 54 persons on death row at a
North Darfur prison did not have legal counsel during their trial.
In January antiterrorism courts tried and convicted two additional
persons in connection with the 2008 JEM attack on Omdurman, bringing
the total number of death sentences in the trials to 106. In trials
involving these cases, authorities did not permit defendants access to
lawyers before trial, held them incommunicado for up to four months,
and reportedly tortured defendants. On February 24, following the
signing of the framework agreement with the JEM, the Government
released 50 of the prisoners sentenced to death in these trials.
Reportedly, some persons acquitted by these trials were not released,
and authorities rearrested other persons who had been released.
In January 2009 Mohamed Alsary Ibrahim, a former police force
member, whom authorities convicted of planning to provide information
to the ICC, was sentenced to 17 years' imprisonment. UNMIS had
expressed concern that he was not provided full access to counsel, that
his counsel did not have access to evidence against him, and that his
confession was allegedly coerced.
Lawyers wishing to practice were required to maintain membership in
the Government-controlled Sudanese Bar Association. The Government
continued to arrest and harass members of the legal profession whom it
considered to be political opponents.
Military trials, which sometimes were secret and brief, did not
provide procedural safeguards. For example, the defendant's attorney
could advise the defendant but could not address the court.
The Special Courts Act created special three-person security courts
to deal with violations of constitutional decrees, emergency
regulations, and some sections of the penal code, as well as drug and
currency offenses. Special courts, composed primarily of civilian
judges, handled most security-related cases. Defendants in these courts
had limited opportunities to meet with counsel and were not always
allowed to present witnesses during trial.
Under the interim national constitution, Sharia is applied in the
North but not in the South.
In domestic cases pertaining to Coptic Christians, courts often
allowed a Coptic priest to make the final ruling, a practice most
commonly employed for divorces and other family suits involving Copts.
In some instances tribal courts that were not considered part of
the official legal system decided cases. Such courts did not provide
the same protections as regular courts.
In the South, under the interim Southern Sudan constitution,
defendants enjoy a presumption of innocence; public trials; the right
to be present in a criminal trial without undue delay, with the law
regulating trial in absentia; and legal aid if they are unable to
defend themselves in serious offense.
Observers continued to report concerns that persons sentenced to
death in the South often did not receive fair trials due to lack of
capacity of the legal system and a lack of adequate legal
representation.
Some judges in the South reportedly continued to follow Sharia
legal procedures.
In parts of the South and the Nuba Mountains, where civil
authorities and institutions did not operate, there were no effective
judicial procedures beyond customary courts. According to credible
reports, military units in those areas summarily tried and punished
those accused of crimes, especially of offenses against civil order.
The GOSS recognized traditional courts or courts of elders, which
applied customary law to most cases in remote and rural areas of the
South, including domestic matters and criminal cases. Persons tried in
traditional courts do not enjoy the same legal protections as those in
the formal system. For example, they did not have access to counsel or
the right of appeal, and women were discriminated against.

Political Prisoners and Detainees.--The Government held an
undetermined number of political prisoners and detainees. Security
forces detained without charge, tortured, and held incommunicado
political opponents. Detentions of such persons often were prolonged.
The Government continued to target members and leadership of the
Popular Congress Party (PCP) and other opposition parties for arrest.
On May 16, the NISS arrested opposition leader Hassan al-Turabi,
founder of the PCP. He was held in isolation without charge for 45
days. That same day authorities arrested journalists with the PCP-
affiliated newspaper Rai al-Shaab (see section 2.a.).
On May 20, Farouq Abu Eissa, an opposition alliance leader, was
arrested and briefly detained.
The Government detained persons who participated in political
protests.
The Government did not permit international humanitarian
organizations to have access to political detainees.

Civil Judicial Procedures and Remedies.--There was access to a
court for lawsuits seeking damages for human rights violations;
however, the judiciary was not independent. There were problems
enforcing domestic court orders.
The South's legal system also provides for an independent and
impartial judiciary in civil matters. The courts provide access for
those seeking to bring lawsuits to address human rights violations and
damages. There is also a developed system of traditional courts down to
the local level through the South, and these courts are often presided
over by village chiefs and elders.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The interim national constitution and law prohibit
such actions, but the Government routinely violated these rights in
practice.
Security forces frequently conducted searches without warrants and
targeted persons suspected of political crimes.
Police often entered IDP areas without a warrant in search of
illegal alcohol brewing and seized property unrelated to brewing.
Police also extorted money from illegal alcohol brewers by threatening
them with prison.
The Government monitored private communication and movement of
individuals without legal process. A wide network of government
informants conducted surveillance in schools, universities, markets,
workplaces, and neighborhoods.
Under Sharia, a Muslim man may marry a non-Muslim, but a Muslim
woman cannot marry a non-Muslim unless he converts to Islam; this
prohibition was not observed or enforced universally in the South or
among the Nubans. Non-Muslims may adopt only non-Muslim children; no
such restrictions apply to Muslim parents.
The interim constitution of Southern Sudan prohibits interference
with private life, family, home, or correspondence, except in
accordance with the law. The GOSS generally did not interfere with
privacy, home, or correspondence in the South; however, there were
reports that rural detention centers held family members of accused
persons who had fled before they could be arrested in the South.

g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Darfur.--In Darfur fighting involving government, government-aligned
militias, rebel groups, and ethnic groups continued to kill, injure,
and displace civilians. Violence in Darfur killed 2,321 persons during
the year, an increase compared with the 875 persons killed the previous
year. Approximately 45 percent of the violence-related deaths during
the year were caused by armed conflict, 38 percent by tribal clashes,
and 17 percent due to crime or accidents. Fighting between government
forces and rebel groups particularly impacted the areas of Jebel Marra
and Jebel Moon, beginning early in the year, and near Khor Abeche
beginning in mid-December. Intercommunal violence increased during the
year. Tensions in IDP camps also resulted in deaths. Rape as well as
recruitment of child soldiers continued to occur.
While estimates varied, approximately 1.9 million persons have been
internally displaced in Darfur, and approximately 270,000 refugees have
fled to neighboring Chad since the conflict in Darfur began in 2003.
According to UN estimates, 268,000 persons were displaced between
January and November in Darfur. IDPs in Darfur continued to face
significant humanitarian needs and experience abuse (see section 2.d.
for more-detailed coverage of IDPs).
Government forces provided support, weapons, and ammunition to
government-aligned militias, and the Government seldom took action
against soldiers or militia members who attacked civilians.
Fighting, insecurity, bureaucratic obstacles, and government and
rebel restrictions reduced the ability of peacekeepers and
humanitarians to access impacted areas. Armed persons attacked, killed,
injured, and kidnapped peacekeepers and humanitarians. Humanitarian
organizations were often not able to access and deliver humanitarian
assistance in conflict areas, particularly in Jebel Marra and Jebel
Moon. The Government's expulsion of 13 international humanitarian NGOs
and three local NGOs in 2009 continued to degrade the delivery of
humanitarian services. The lack of access as well as fear of government
retribution resulted in reduced reporting on human rights and
humanitarian information during the year.
Developments regarding ICC cases pertaining to President Bashir,
Ahmad Muhammad Haroun, and Ali Muhammad Abd al-Rahman included the
following:
On July 12, pretrial chamber I issued a second warrant of arrest
against President Bashir for three counts of genocide. This warrant was
in addition to the March 2009 ICC arrest warrant issued for Bashir for
five counts of crimes against humanity and two counts of war crimes.
Both arrest warrants remained outstanding at year's end.Ahmad Muhammad
Haroun, for whom the ICC issued a warrant of arrest in 2007 when he was
then state minister for humanitarian affairs, remained the appointed
governor of South Kordofan.Ali Muhammad Abd al-Rahman, also known as
``Ali Kushayb,'' a janjaweed militia commander, for whom the ICC issued
a warrant of arrest in 2007, remained at large.In his semi-annual
report in December, the prosecutor reported to the UN Security Council
that crimes continue in Darfur, and that the Government of Sudan
remained uncooperative with UN Security Council Resolution 1593 and
with execution of the arrest warrants against Haroun and Kushayb.
Developments with respect to the ICC prosecutor's 2008 request for
an arrest warrant for three rebel commanders, Bahr Idress Abu Garda,
Abdallah Banda Abakaer Nourain, and Saleh Jerbo Jamus, for war crimes
pertaining to the 2007 attack on African Union (AU) peacekeepers at
Haskanita included the following:
On June 17, Abdallah Banda Abakaer Nourain and Saleh Jerbo Jamus
voluntarily appeared before the ICC pretrial chamber I in response to
summonses to appear. In November they waived their rights to be present
at the confirmation of charges hearing, which took place on December 8.
The pretrial chamber I's decision is due in 2011.On February 8, ICC
pretrial chamber I declined to confirm the war crimes charges against
Abu Garda, finding that the prosecution's allegations that Abu Garda
participated in the alleged common plan to attack Haskanita were not
supported by sufficient evidence.There were no developments regarding
the recommendations of the AU High-Level Panel on Darfur's 2009 report,
including its recommendation to create a hybrid court of Sudanese and
international judges to prosecute the most serious crimes committed in
Darfur and a truth and reconciliation commission. Discussions with the
Government on implementing the panel's suggestions remained stalled due
to the Government's objections to perceived interference in the
country's sovereignty.

Killings.--Government forces and government-aligned militias
engaged in the killing of civilians, including continued aerial
bombardment of civilian areas. The aerial bombardment of villages was
often followed by ground attacks. Attacks resulted in civilian
displacement (also see section 2.d.).
Violence in Jebel Marra--a mountainous area that reaches into each
of the Darfur states --killed and displaced numerous civilians,
particularly between January and March. In east Jebel Marra, government
forces and Arab militias launched offensives against Sudan Liberation
Army/Abdul Wahid (SLA/AW) factions based in the mountains. In western
Jebel Marra, fighting occurred between SLA/AW factions.
Fighting between the SAF and SLA/AW in eastern Jebel Marra
particularly impacted Leiba, Kidingeer, Gugoli, Feina, and Deribat
villages in South Darfur and Fanga Suk and Gosdor villages in North
Darfur. Fighting, including aerial bombardment, continued during the
year. In September-October, the SAF recaptured the villages of Suni and
Jawa in an aerial and ground offensive that caused deaths and large-
scale civilian displacement. Humanitarian organizations lacked access
to Jebel Marra, with the Government permitting only brief day-trips to
certain areas, making it difficult to gather precise information on the
fighting's impact on civilians. UNAMID documented cases of gender-based
violence in connection with the fighting in Jebel Marra. According to
UNAMID, police arrested perpetrators in two of the cases.
Among numerous other reports of aerial bombardment:
On February 17 and 19, respectively, the Government reportedly
attacked Feina and bombed and attacked the town of Deribat.New IDPs
reported that on February 24, east of Golo in Jebel Marra, aerial
bombardment and ground attacks occurred on their village.On September
1, the SAF carried out ground attacks in Katur village, close to
Deribat, South Darfur. In the days leading up to the attacks, the SAF
reportedly carried out aerial bombardment campaigns.In West Darfur's
Jebel Moon area, government forces carried out aerial bombardment and
ground attacks against the JEM. Fighting occurred between January and
March and then resumed in May. The JEM withdrew from Jebel Moon by May
13; they were pursued by the SAF, and clashes continued. The violence
displaced civilians. The Government and rebels denied UNAMID access to
Jebel Moon. The UN Children's Fund (UNICEF) received information that
the SAF and other unidentified men committed gender-based violence
during the fighting.
On April 29, in Girgigirgi Village near Jebel Moon, government
aerial bombardment reportedly killed nine civilians.
In December in South Darfur, fighting between government and SLA/MM
forces displaced almost 20,000 persons from Khor Abeche and Shaeria.
Negeha and Jaghara villages, which were near Khor Abeche, were burned.
Humanitarians lacked access to Khor Abeche. In North Darfur, fighting
between government and rebel groups in Dar al-Salaam and Shangil Tobaya
displaced 25,000 persons between December 19 and December 31. There
were reports of civilian deaths, looting, and destruction of civilian
property during the fighting in both North and South Darfur.
Fighting that resulted in killing civilians, also occurred in other
areas of Darfur.
For example, on January 16, near Katum, North Darfur, fighting
between the SAF and SLA/AW reportedly killed 15 civilians and injured
20.
Chadian rebels also reportedly committed abuses near the area of Al
Saiyah in North Darfur, including looting of villages and rape. On
January 10, two civilians were reportedly killed when the local
population clashed with Chadian rebels who had looted in Um Kary
Village.
Tensions in IDP camps regarding disputes over political
representation in the Doha peace processes resulted in deaths and
additional displacements during the year.
In late July violence erupted in Kalma IDP camp between IDPs who
supported and those who opposed peace talks in Doha. At least 35
persons died, and approximately 30,000 IDPs fled the camp. The
Government sought six individuals for alleged responsibility for the
violence. They remained under UNAMID protection at year's end. After
UNAMID began round-the-clock police patrols in the camp, security
improved; however, sporadic gunfire erupted occasionally at night, and
houses were set on fire.
In August similar politically motivated violence in Hamidiya and
Hassahissa IDP camps in West Darfur between pro- and anti-Doha factions
resulted in the shooting death of a student.
On September 3-4, violence again erupted in Hamidiya IDP Camp
between pro- and anti-Doha factions, leading to the deaths of seven
IDPs in the camp and injuries to approximately 30. At least three of
those killed were SLA/AW supporters. Prior to this, on July 27, SLA/AW
supporters killed three pro-Doha supporters in the camp.
Inter- and intratribal conflict increased during the year. It was
fueled by increased competition for resources due to desertification
and population growth, the weakening of traditional mediation
mechanisms, and the proliferation of arms. Between March and May,
intertribal violence killed more than 500 persons. Ethnic conflict
caused 38 percent of violence-related deaths in Darfur.
In March in the area between Zalingei in West Darfur and Kass in
South Darfur, fighting erupted between the Misseriya and the Nawaiba-
Rizeigat tribes. During the year the violence killed hundreds and
caused displacements. The tribes were fighting over land along the two
states' border. The fighting limited UNAMID's ability to access some
areas around Kass.
On April 20, in Al Ban Jadid, South Darfur, clashes between the
Rizeigat and al-Saada tribes killed more than 50 persons.
On September 2, armed men who eyewitnesses identified as Arab
tribesmen attacked Tabarat Village in North Darfur, killing at least
37, injuring at least 35, and reportedly displacing 3,000. Presidential
Advisor Ghazi Sallahudin commenced an official investigation, appointed
a special prosecutor for Darfur to focus on issues of justice and
impunity, and promised compensation to victims.

Physical Abuse, Punishment, and Torture.--All parties to the
conflict perpetrated acts of torture and abuse. The Government abused
persons detained after armed conflict as well as IDPs suspected of
having links to rebel groups. There were continued reports that
government security forces, Arab militia, and other armed persons raped
women and children.
Sexual and gender-based violence continued during the year
throughout Darfur. IDPs reported that perpetrators of such violence
were often government forces, members of Arab militia, or unidentified
men. Assailants assaulted, raped, threatened, shot, beat, and robbed
women.
The Government's expulsion of 13 international NGOs and closure of
three national NGOs in 2009 ended most gender-based violence programs,
as well as reduced reporting on gender-based violence.
There were multiple cases reported of IDPs being harassed,
arrested, and tortured by the NISS (also see section 2.d., IDPs). When
political tension escalated into violence in Hamidiya and Hassahissa
camps, the NISS arrested and detained IDPs who were suspected of being
affiliated with SLA/AW or suspected of providing information to sources
in the international community. Other reports circulated of SLA/AW
supporters who went missing.
Authorities often obstructed access to justice for rape victims.
UNAMID documented cases of abuse, arbitrary arrest, and torture by
security forces in Darfur, including the CRP.

Child Soldiers.--Recruitment of child soldiers remained a serious
problem in Darfur. The Armed Forces Act prohibits the recruitment of
children and provides criminal penalties for perpetrators.
A UN report covering 2009 found that more than 14 Sudanese and
foreign armed forces and groups in Darfur recruited and used children.
The majority of such cases occurred in West Darfur. These groups
included the SAF, police including the CRP and Border Intelligence
Force, government-aligned militias, Chadian rebels, JEM, JEM (Peace
Wing), Movement of Popular Force for Rights and Democracy, SLA/AW, SLA/
Abu Gasim/Mother Wing, SLA/Free Will, SLA/MM, SLA/Peace Wing, and SLA/
Unity. Darfur rebel groups also recruited child soldiers in the
Sudanese refugee camps in Chad in 2009.
Although UNICEF signed an action plan in 2007 with SLA/MM that
committed the rebel group to identifying locations of child soldiers,
SLA/MM continued to use child soldiers.
On July 21, JEM signed an action plan with UNICEF to end the use of
child soldiers. From February through April, 574 children were released
by JEM-Peace Wing, SLA-Peace Wing, and the Movement for Popular Forces
for Rights and Democracy.
There were no new developments in the 2008 case of children
detained in connection with the JEM attack on Omdurman. As of December
2009, 119 children received pardons and were released, but some
children were sentenced to death and remained detained at year's end.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Other Conflict-Related Abuses.--All parties to the conflict
obstructed the work of humanitarian organizations and UNAMID, caused
the displacement of civilians, and abused IDPs.
Restrictions, violence, and insecurity reduced the ability of
humanitarian organizations to provide needed services. For example,
UNAMID reported that the World Food Program was not able to provide
food to more than 250,000 intended beneficiaries in Darfur.
On February 18, the NISS arrested a UNAMID national staff member,
confiscated his laptop and cell phone, and subjected him to several
hours of questioning.
Following the July violence in Kalma Camp, authorities blocked
humanitarian assistance to Kalma Camp and Bileil Camp from late July
until mid-August. As of September 6, NGOs resumed health, nutrition,
water, sanitation, and hygiene activities. However, most basic services
were provided at reduced levels. IDPs and others stated that the
Government's blockage of humanitarian assistance was intended to force
IDPs to relocate, and the Government discussed plans to relocate Kalma
Camp during the year.
The 2009 expulsions of 13 international NGOs reduced the access of
persons to humanitarian services. While some programs were able to
continue by utilizing local staff and government assistance, the
expulsions dramatically decreased nonemergency humanitarian services.
UN organizations and remaining organizations attempted to cover lost
humanitarian capacity.
Following the expulsions armed SAF and NISS officers arrived at the
offices of several NGOs and confiscated office equipment and personal
possessions of NGO staff. NGOs reported that not all seized assets had
been returned.
In July the Government expelled two International Organization for
Migration staff members from the country.
On August 17, the NISS arrested a UNAMID national staff member for
allegedly making comments related to national security. UNAMID
personnel were denied access to the detainee.
Despite the 2007 Joint Communique between the Government and the
UN, government forces frequently harassed NGOs that received
international assistance, restricted or denied humanitarian
assessments, did not approve technical agreements, changed procedures,
copied NGO files, confiscated NGO property, questioned humanitarian
workers at length, monitored humanitarians' personal correspondence,
delayed the issuance of visas and travel permits, restricted travel,
and publicly accused humanitarian workers of being ``spies,'' ``Western
agents,'' and ``workers for Israel.''
Policy discrepancies between Darfur state-level and Khartoum-based
officials in the Government's Humanitarian Aid Commission (HAC)
adversely affected humanitarian operations.
The HAC continued to request that NGOs refrain from interviewing or
selecting staff unless they used a five-person government selection
panel and had HAC officials present, significantly delaying the hiring
of new staff in Darfur. The HAC also continued to impose additional
requirements on humanitarian organizations during the year on an ad hoc
basis, often at the state level.
Rebel forces and bandits obstructed humanitarian assistance,
regularly attacked the compounds of humanitarian organizations, and
seized humanitarian aid, assets, and vehicles. Kidnappings increased
during the year. Attacks against humanitarian convoys continued during
the year. Instability forced many international aid organizations to
reduce their operations in Darfur.
On January 16, in Ain Sairo Village, North Darfur, unidentified
persons abducted two national staff of Welthungerhilfe, releasing them
on January 18.
On May 18, near Nyala, South Darfur, unidentified persons kidnapped
a Samaritan's Purse foreign aid worker, as well as two national
Samaritan's Purse staff members. The kidnappers released the two
national staff members on May 25 and the foreign staff member on August
30.
On June 22, in Nyala, South Darfur, unidentified persons kidnapped
two German humanitarians who worked for Technisches Hilswerk. They were
released on July 27.
On March 18, abductors released ICRC staff member Gauthier Lefevre,
who was abducted in October 2009 near Al Geneina, West Darfur. Four
days prior, on March 14, two other NGO workers, Olivier Denis and
Olivier Frappe, were released; they had been abducted in the Central
African Republic in 2009.
Unidentified assailants also attacked, killed, and abducted UN
personnel:
On May 7, near Katila Village in South Darfur, armed persons
attacked a UNAMID convoy, killing two and seriously injuring three.On
June 21, near Nertiti in Jebel Marra, West Darfur, unidentified
attackers killed three UNAMID peacekeepers and injured one. On December
15, a court acquitted three persons who had been accused of being
involved in the attack.On November 5, in Nyala, South Darfur, three
Latvian World Food Program (WFP) pilots were kidnapped, resulting in a
negative impact on WFP programs in the area.The Government restricted
UNAMID's movement, including its access to conflict areas and IDP
camps; the measures included restricting UNAMID helicopter and rotary-
wing aircraft flights. JEM, SLA factions, and Chadian rebels also
restricted UNAMID access. Government forces and rebels at times
threatened to use force against and fired shots toward, UNAMID forces.
The Government was uncooperative with the UN Panel of Experts.
On January 9, in Nama Village in Jebel Marra, SLA/AW members
surrounded a UNAMID patrol, fired shots in the air, confiscated their
equipment, and warned them not to return to the area.
On January 17, JEM stopped a UN patrol east of Kulbus, West Darfur,
and prevented the patrol from proceeding.
There were numerous reports of abuses committed by security forces,
rebels, and militias against IDPs. Insecurity was a problem both inside
and outside of IDP camps (see section 2.d., IDPs).
In the cases of IDP leaders arrested and detained without access to
counsel following the 2009 killing of IDP camp leader Omer Adam Ishaq
and his wife, 14 of the 18 persons detained were released, while four
remained in jail at year's end.
southern sudan
Interethnic fighting, postelection militia attacks on the SPLA,
cattle rustling, and LRA attacks resulted in deaths and displacement in
the South during the year. As of November incidents of reported
violence included 122 intertribal conflicts, 23 intratribal conflicts,
22 LRA attacks, 21 SPLA and civilian clashes, and two security force
clashes. LRA attacks, intertribal conflict, and other forms of
insecurity killed at least 986 persons and displaced approximately
223,708 during the year.
The CPA calls for two referenda to be held simultaneously in
January 2011: a referendum for southerners to vote either for unity
with the country or secession and a referendum to determine whether
Abyei will remain in the North or join the South. Preparations for the
referendum on the status of the South occurred during the year,
although at a slow pace. The parties did not make progress on key
decisions necessary to proceed with the referendum on Abyei, including
the composition of the Abyei Area Referendum Commission and voter
eligibility. The North stated that the Misseriya, who migrate through
Abyei from the North, should be eligible to participate, while the
South did not favor their inclusion.
The security situation along the border remained tense. The UN
noted the presence of 600 SPLA troops in Abyei in November and stated
that this was a violation of the CPA. A few days later the SPLA began
withdrawing these troops. On November 12, 24, and 25, the SAF bombed
locations along the Northern Bahr El Ghazal border with Southern
Darfur, while reportedly targeting JEM forces. On December 6, 8, and 9,
the SAF bombed within Western Bahr El Ghazal; there were no casualties,
and the bombings did not target the SPLA.
According to the UN, approximately two million IDPs and 350,000
refugees had returned to the South since 2005. These persons had been
displaced as a result of conflict, famine, and fighting during the
North-South conflict. In late October the GOSS began an accelerated
return program. Returns significantly increased toward the end of the
year, with an estimated 143,000 persons returning between October and
December.

Killings and Abductions.--Fighting between security forces and
civilians, including clashes with Misseriya, resulted in deaths and
displacement.
On February 4, in Abiemnom County in Unity State, a clash between
SPLA and Misseriya killed eight persons.On February 22, fighting
between Ngok Dinka and the SPLA killed 17 civilians and seven SPLA
members in Cueibet County, northwest of Rumbek.
Clashes between Palal locality community members and the SPLA on
February 28 and March 2 killed 15 civilians and injured four, displaced
8,000 persons, and damaged or destroyed 1,440 houses and four
schools.SPLA civilian disarmament activities resulted in deaths and
displacement. For example, in July SPLA civilian disarmament activities
in Fashoda County resulted in four deaths and the detention of 11. The
disarmament followed a reported attack on SPLA forces that killed 11
soldiers.
Postelection violence related to militia attacks on the SPLA killed
persons.
Unsuccessful independent Jonglei gubernatorial candidate General
George Athor Deng started a violent campaign after the April elections.
On April 30, Athor's forces attacked an SPLA military barracks in
Doleib Hills, Upper Nile State. A number of clashes occurred following
the attack. According to the UN, the violence caused ``a significant
deterioration of the security and human rights situations in the area,
including killings, arbitrary arrests and detentions, rape, looting,
and destruction of property, as well as restrictions on critical UN
staff movement.'' On August 8, the SPLA seized a private charter
helicopter, claiming that the Government was using it to transport
supplies to Athor. According to the UN, the case was referred to the
Ceasefire Political Commission.
On July 25, near Pibor, militia of the unsuccessful independent
candidate for the Jonglei assembly, David Yau-Yau, attacked an SPLA
unit, killing two persons and injuring nine. In the period following
that attack, Yau-Yau's forces also attacked additional targets, both
civilian and military.
On August 8, in Unity State, armed persons under the command of
Colonel Gatluak Gai, attacked a convoy and killed 17 SPLA members and
six civilians.
The LRA attacked, killed, abducted, and displaced civilians in the
South, particularly in Western Equatoria. Although there were fewer
reports of LRA-related violence than in the previous year, the LRA
killed an estimated 16 or more persons, abducted 50, and displaced more
than 42,000 persons during the year. LRA forces often attacked near
food distribution locations.
On May 16, 29 armed persons suspected to be members of LRA attacked
Nabaaria village in Tambura (about 100 miles northwest of Yambio). The
attackers ransacked the village, looted a large quantity of medicine
from a medical clinic, and abducted six villagers.On May 17, suspected
LRA members attacked Mabia Village in Tambura (approximately 100 miles
northwest of Yambio), killing three government employees; 10 days
later, the LRA attacked the same area again, killing one person and
abducting three others.On July 29, suspected LRA members ambushed two
UN-contracted vehicles near Yambio in Western Equatoria State, killing
two persons and injuring four others.On September 4, six LRA members
attacked a village near Yambio, killing six civilians and abducting a
boy and a girl. The girl escaped soon after her abduction.Intertribal
and intercommunal clashes, particularly in Jonglei, Upper Nile, Lakes,
and Warrab States, continued during the year and resulted in deaths and
the abduction of children. An SPLA-implemented disarmament campaign and
foreign-funded conflict mitigation programs helped to reduce cattle
rustling and child abduction in Jonglei State, although conflict
persisted. Intratribal fighting was also a problem.
On February 27 and 28, fighting erupted between Dinka Atout and
Dinka Ciic clans in Yirol (about 59 miles southeast of Rumbek),
reportedly killing 30.An August 4, conflict involving cattle raiding
among communities in the counties of Yirol East and Yirol West in Lakes
State killed 30.On September 20, in Jonglei State, Lou Nuer surrounded
Duk Padiet Village and killed at least 70 Dinkas. Security force
personnel were also killed during the attack.

Child Soldiers.--UN personnel believed that SPLA did not actively
recruit child soldiers. According to the SPLA Child Protection Unit
(which was inaugurated in August), UNICEF, and other international
NGOs, as of October approximately 800 children continued to work for
the SPLA in some type of menial and administrative capacities. UNICEF
indicated that demobilization was occurring rapidly in the last months
of the year.
The LRA, which used child soldiers, abducted children from Southern
Sudan for this purpose.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Other Conflict-Related Abuses.--During the year the UN noted 125
instances of interference with humanitarian work in the South,
including interference by GOSS security forces.
The SAF, the SPLA, and Misseriya groups continued to restrict
UNMIS's movements during the year. UNMIS reported that during the
period between January and May 27, the SPLA and SSPS on 36 occasions
and the SAF on five occasions restricted UNMIS movement. These delays
constrained UNMIS's ability to monitor the ceasefire agreement and
access civilian protection and humanitarian needs.
For example, the UN reported that the SAF continued to block UNMIS
access to Higlig and Karasana in Southern Kordofan State.
The SPLA detained UNMIS helicopters. On July 22, near Kodok, SPLA
members detained a UNMIS patrol at gunpoint and assaulted the UNMIS
helicopter crew sent to remove them from the area, and on August 4, at
Tonji, the SPLA detained a UNMIS helicopter on an airstrip for six
hours.
The UN also reported that between August 11 and July 22, the SPLA
prevented UNMIS access to the Kodok area in Upper Nile State.
Intertribal conflict, insecurity, and LRA attacks limited the
ability of humanitarian organizations to provide assistance to
vulnerable populations.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The interim national constitution
provides for freedom of thought, expression, and of the press ``as
regulated by law''; however, the Government severely restricted these
rights in practice. The Government, including through the NISS,
continued to censor print and broadcast media, arrest and torture
journalists, and harass vocal critics of the Government. Direct nightly
prepublication censorship of newspapers occurred from May to August.
The Government controlled the media through the National Press Council,
which administered mandatory professional exams for journalists and
editors. Journalists also practiced self-censorship.
The interim constitution of Southern Sudan provides for freedom of
expression ``without prejudice to order, safety, or public morals as
determined by law'' and states that all levels of government shall
guarantee from of the press ``as shall be regulated by law in a
democratic society''; however, there were instances in which security
forces in the South restricted media freedom during the year.
Individuals who criticized the Government publicly or privately
were subject to reprisal, including arrest. The Government attempted to
impede such criticism and monitored political meetings.
Journalists were subjected to arrest, harassment, intimidation, and
violence due to their reporting.
From May to year's end, 13 cases were filed against the pro-SPLM
publication Ajrass al-Hurriya on various charges, ranging from
violations against the sovereignty of the state to defamation and
erroneous reporting. Seven of the 13 cases were filed against newspaper
columnist Faiz al-Silaik--four by the NISS, one by SAF (for reporting
on a military execution in Darfur), one by the Council of Ministers,
and one by the police. Public order police filed three other cases
against the newspaper for coverage of the videotaped flogging of a
woman that appeared on YouTube in December and for its coverage of the
Lubna Hussein ``trouser case.'' The remaining three cases were settled
out of court. Al-Silaik was scheduled to appear in court on February
27, 2011.
On May 16, the same day that authorities arrested PCP leader Hassan
al-Turabi, they also arrested four employees of the PCP-affiliated
newspaper Rai al-Shaab--deputy editor in chief Abuzar Al Amin, editor
Ashraf Abdelaziz, administrator Nagi Dahab, and news desk head Al Tahir
Abu Jawhara. The NISS also closed the newspaper's office. On May 27,
authorities also arrested Rai al-Shaab editor Ramadan Mahjoub.
Authorities tortured Abuzar Al Amin and reportedly tortured Altahir Abu
Jawrah and Ashraf Abd-al-Aziz as well. On June 2, Nagi Dahab was
released. The remaining Rai al-Shaab journalists were tried on charges
related to crimes against the state. The court reportedly issued a
decree barring newspapers from reporting on the trial and did not allow
testimony from defense witnesses. On July 14, the court sentenced
Abuzar Al Amin to five years' imprisonment, Ashraf Abdelaziz and Al
Tahir Abu Jawhara to two years' imprisonment, and acquitted Ramadan
Mahjoub. In July a final order was issued for the office to be closed
and its assets confiscated.
Between October 30 and November 1, security forces arrested several
Darfuri activists and an individual who worked for Radio Dabanga (see
section 5).
In early November NISS officers arrested Jaafar al-Sabki, a Darfur
reporter for the independent daily al-Sahafa on allegations that he
passed reports on Darfur to an unnamed organization. At year's end al-
Sabki remained detained at Kober Prison in Khartoum.
The NISS required journalists to provide the Government with
personal information, such as details on their tribe, political
affiliation, and family.
The Government directly controlled some print media outlets and
exerted a great degree of control over the limited number of
independent newspapers, including through direct censorship.
From May to August, NISS prepublication censorship, which had
occurred from March 2008 to September 2009, resumed. NISS personnel
went to newspaper offices to directly remove articles, went to printing
houses to stop publication, and called journalists to tell them which
topics were not allowed to be covered. In response to the restrictions,
the newspaper al-Maydan did not publish during most of this time.
Authorities censored several other newspapers, rendering normal
printing operations impossible. Other government restrictions,
including official calls to editors and writers warning of off-limit
topics and prohibitions on placing ads in newspapers the Government did
not favor, continued after August.
During the year authorities warned newspapers not to report on
certain topics, including the ICC, Darfur, the June doctors' strike,
the May arrest of PCP leader Hassan al-Turabi (see section 1.e.,
Political Prisoners and Detainees) and journalists from Rai al-Shaab,
the prevention of journalists from traveling to a conference on the ICC
in May, and the June escape of persons convicted of killing Granville
and Abdelrahman Abbas Rahama.
The Government closed al-Intibaha, an extreme right-wing newspaper,
from July to October.
Official censorship prevented the publication of the newspapers al-
Maydan and Ajras al-Hurriya multiple times during the year.
Authorities similarly harassed English-language newspapers whose
primary readership was Southerners.
The Government restricted international media in the North. While
some foreign journalists were denied visas, others had regular access
to opposition politicians, rebels, and civil society advocates.
The Government directly controlled radio and television and
required that both reflect government policies. Some foreign shortwave
radio broadcasts were available. A private FM radio station continued
to operate, and the Government restricted UN radio to operating only in
the states of the South. In addition to domestic and satellite
television services, there was a pay cable network, which directly
rebroadcast uncensored foreign news and other programs.
On August 8, the Government prohibited BBC broadcasts in the North
for alleged misuse of the diplomatic pouch on the part of the British
embassy. Authorities also stated that BBC was broadcasting in Juba
without proper government authorization.
southern sudan
Freedom of speech was largely protected in the South, and the GOSS
did not attempt to impede criticism or regularly monitor political
meetings. The SPLA and certain of its commanders occasionally
threatened and detained several journalists in the South for
broadcasting unfavorable reports of the SPLA and at times the GOSS.
The independent media were active and expressed a wide variety of
views without restriction.
On occasions journalists in Southern Sudan were briefly detained
and intimidated for writing or broadcasting unfavorable reports about
the SPLA and the GOSS. These actions were usually resolved quickly
after high-level intervention by the GOSS political leadership.
In January security forces reportedly arrested, beat, and detained
Juba Post journalist Cyrocco Mayom.
In late February SPLA members reportedly detained and beat Lonya
Banak, a radio station manager for Internews, following a radio debate
during which a caller was critical of GOSS service delivery. He was
reportedly taken to Leer Prison and detained for five days, during
which time he was beaten.
After covering the violent dispersal by SPLA of a political rally
that left three civilians dead, a radio journalist was arrested on
April 23 in Unity State, held for 13 days, and then dismissed from the
State-owned radio station.
In June the GOSS, citing national security, threatened to shut down
Radio Miraya for broadcasting an interview with General Athor, who had
started a violent campaign against the GOSS after the April elections.

Internet Freedom.--The Government monitored Internet
communications, and the NISS read e-mail messages between private
citizens. Some Web sites deemed offensive to public morality were
blocked by the National Telecommunications Corporation, as were most
proxy servers. While there generally were no restrictions on access to
news and information Web sites, authorities regularly blocked access to
youtube.com. During the elections the Government blocked access to the
Sudan Vote Monitor Web site.
In the South there were no restrictions on access to the Internet
or reports that the GOSS monitored e-mail or Internet chat rooms.
Individuals and groups could engage in the expression of views via the
Internet, including e-mail.
According to International Telecommunication Union statistics for
2008, approximately 10 percent of the country's inhabitants used the
Internet.

Academic Freedom and Cultural Events.--The Government restricted
academic freedom. In public universities the Government appointed the
vice chancellors, who were responsible for administering the
institutions. The Government also determined the curriculum. Some
universities required students to participate regularly in
progovernment rallies and other activities. Some professors exercised
self-censorship. The Government regularly arrested student activists.
On July 29, at a cultural event in Bahri area of Khartoum, public
order police arbitrarily arrested all foreigners and women in trousers
and beat many of those in attendance, including minors. The case
against the event organizer was dismissed in trial, and the police
lieutenant who led the raid was dismissed from his job for abuse.
On September 23, tourist police forced the cancellation of a dance
presentation of the French Cultural Center. Authorities claimed that
the organizers, who had a permit for the exhibition issued through the
public order police, lacked a second necessary permit from the Ministry
of Tourism.
There were no restrictions on academic freedom or cultural events
in Southern Sudan.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--Although the interim national constitution and law provide
for freedom of assembly, the Government severely restricted this right
in practice. The Government formally banned all rallies and public
demonstrations in the country, although this was not always enforced.
In February the National Elections Commission issued a circular
requiring a 72-hour prior notice period for political rallies, which it
reduced to 36 hours in March.
Islamic orders associated with opposition political parties,
particularly the Anwar (Umma Party) and Khatmiya (Democratic Unionist
Party), continued to be denied permission to hold large public
gatherings, but they held regular opposition rallies on private
property. Government security agents occasionally attended opposition
political meetings, disrupted opposition rallies, and summoned
participants to security headquarters for questioning after political
meetings.
Police use of excessive force to disperse demonstrators resulted in
deaths and injuries.
On January 20, during a peaceful political rally in support of
Hamid Mohamed Ali, an independent opposition gubernatorial candidate in
Red Sea State, authorities arrested 38 persons, seven of whom were
hospitalized.
On May 30, in the Omdeda locality of Omdurman, police used tear gas
to disperse a protest consisting of approximately 100 women and
children who were demonstrating against the lack of water in their
municipality. The demonstration closed street traffic for several hours
and caused a heavy traffic jam before police intervened.
On October 9, during a UN Security Council visit to the country,
police arrested at least 75 Southern Sudanese General Student Union
members. The students had embedded themselves into a prounity public
rally organized by the NCP, during which they changed into red shirts
with proseparatist slogans. Police beat some of the rally participants
and also beat one of the arrested students while he was jailed; that
student was released on October 11.
Authorities generally took no action against security forces that
used excessive force.
The interim constitution of Southern Sudan provides for freedom of
peaceful assembly, and the GOSS generally respected this protection.

Freedom of Association.--The interim national constitution and law
provide for freedom of association, but the Government severely
restricted this right in practice. Seventy-two political parties
officially contested in the April elections. The law effectively
prohibits political parties linked to armed opposition to the
Government. The SLM/MM was not permitted to register as a political
party. The Government continued to harass some opposition leaders who
spoke with foreign organizations or embassies.
The interim constitution of Southern Sudan provides for freedom of
association, and the GOSS generally respected this right in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The interim national constitution and
law provide for freedom of movement, foreign travel, emigration, and
repatriation, but the Government restricted these rights in practice.
The interim Southern Sudan constitution provides for freedom of
movement within the country, foreign travel, and repatriation, and the
Government generally respected these rights in practice. The interim
Southern Sudan constitution does not provide for emigration.
The Government impeded the work of the Office of the UN High
Commissioner for Refugees (UNHCR) and delayed full approval of UNHCR
activities, particularly in North and South Darfur. While in some cases
it cooperated with the UNHCR and other humanitarian assistance
organizations in assisting refugees and asylum seekers, the Government
restricted and harassed such organizations. The UNHCR confirmed that
the Government continued to disregard international agreements and
targeted refugees and asylum seekers for abuse. The Government's
encampment policy requires asylum seekers and refugees to stay in 12
designated camps. The Government permitted refugees from Eritrea and
Ethiopia to remain in the country.
In Darfur the Government and rebels restricted the movement of the
UN, humanitarian organizations, and citizens (see section 1.g.). Rebels
also restricted freedom of movement.
In the South the GOSS cooperated with the UNHCR and other
humanitarian organizations in providing protection and assistance to
IDPs and returning refugees.
While movement was generally unhindered for citizens outside
conflict areas, foreigners needed government permission for domestic
travel outside of Khartoum, which was often difficult to obtain and was
sometimes refused. Foreigners must register with the police on entering
the country, obtain permission to move more than 15.5 miles outside of
Khartoum and from one city to another, and reregister at each new
location within three days of arrival. The GOSS did not restrict the
movement of foreigners in the South and did not require foreigners to
register upon entry.
The Government delayed issuing humanitarian and diplomatic visas
and travel permits for Darfur and the Three Areas to foreign NGO staff.
The Government required citizens to obtain an exit visa to depart
the country. While the issuance of exit visas was usually pro forma and
not used to restrict citizens' travel, the Government denied some
humanitarian workers exit visas.
The Government restricted persons from traveling outside of the
country to attend conferences.
In late May officials confiscated the passports of human rights
activists Salih Mahmud Osman, Mariam al-Mahdi, and Albukhari Abdalla
Aljaali, who were scheduled to travel to Kampala, Uganda, to attend a
forum on the ICC. The passports were held for the duration of the
conference.
On June 15, officials prevented Albaquir al-Afif Mukhtar, director
of the Alkhatim Adlan Center for Enlightenment and Human Development
(KACE) from traveling to a conference in Spain.
The law prohibits forced exile, and the Government did not use it.
Opposition leaders and NGO activists remained in self-imposed exile
throughout northern Africa and Europe during the year, and additional
activists fled the country during the year.

Internally Displaced Persons (IDPs).--Large-scale displacement
continued to be a severe problem in the country. There were an
estimated 1.9 million IDPs in Darfur, 1.5 million displaced Southerners
in the North, and 68,000 IDPs in the east. In the Three Areas, there
were approximately 80,000 IDPs.
northern sudan
While in previous years the UN estimated that there were
approximately 2.7 million IDPs in Darfur, more recent International
Organization for Migration data indicated the number of IDPs in Darfur
to be 1.9 million. As of November, the UN reported, the conflict in
Darfur had caused approximately 268,000 new displacements during the
year, an increase from the estimated 175,000 persons displaced in 2009.
Government offensives and rebel fighting in Jebel Marra and Jebel Moon
displaced civilians. In December fighting between government and rebel
forces in South Darfur and in Dar al-Salaam and Shangil Tobaya
displaced tens of thousands. Intercommunal violence significantly
increased and correspondingly displaced civilians. This violence was
fueled by increased competition for resources due to desertification
and population growth, the weakening of traditional mediation
mechanisms, the proliferation of arms, and long-standing ethnic
rivalries. In addition violence in Kalma IDP Camp between pro- and
anti-Doha elements in July caused approximately 30,000 IDPs to flee the
camp.
IDPs in Darfur faced significant humanitarian needs. The
Government's expulsion of 13 international humanitarian NGOs and
closure of three local NGOs in 2009 continued to negatively impact the
delivery of humanitarian services.
Government restrictions, harassment, and the threat of expulsion
resulted in the continued closure of most gender-based violence
programming. While gender-based violence programming was mainstreamed
into other humanitarian efforts, reporting and reach were severely
curtailed. As of August, 96 percent of IDP households lived below the
poverty line, compared with 86 percent of non-IDP households; 44
percent of IDP households had incomes at least 50 percent below the
poverty line.
There were numerous reports of abuses committed by security forces,
rebels, and militias against IDPs, including rapes and beatings.
Government attempts to resettle IDPs were generally unsuccessful,
except in the case of former Kalma residents returning to West Darfur
in December.
IDPs largely boycotted registration for the April nationwide,
multiparty elections, and thus few participated in the vote, which
raised concerns regarding their lack of representation in government.
Outside of IDP camps, insecurity restricted IDP freedom of
movement; women and girls who left the town and camps risked sexual
violence. Darfur IDPs did not return in any significant numbers to
their place of origin, although small-scale spontaneous returns to
certain villages occurred.
Insecurity within IDP camps was also a problem. Tensions regarding
political representation in the Doha peace processes resulted in deaths
and additional displacements during the year. This was exacerbated by
the proliferation of arms in camps. The Government provided little
assistance or protection to IDPs in Darfur. Most IDP camps had no
functioning police force. International observers noted that criminal
gangs aligned with rebel groups operated openly in several IDP camps
and operated back and forth across the border with Chad.
In late July violence erupted in Kalma IDP camp between IDPs who
supported peace talks in Doha and IDPs who condemned the talks (see
section 1.g., Darfur). The violence killed at least 35 persons.
Approximately 30,000 IDPs fled the camp. Five IDP leaders and one woman
sought protection from UNAMID, fearing possible government or opposing
groups' action against them. Five of the individuals were sought by the
Government, who stated they were responsible for the violence.
Authorities blocked humanitarian assistance to Kalma Camp and to Bileil
Camp until mid-August. On September 6, NGOs resumed health, nutrition,
water, sanitation, and hygiene activities, but for the most part at
reduced levels. IDPs and others stated that the Government's blockage
of humanitarian assistance was part of a process to force IDPs to
relocate, and during the year the Government discussed plans to
relocate Kalma Camp. According to the UN, more than 1,500 persons from
Kalma Camp voluntarily returned to areas of displacement in West Darfur
in early December as part of a government-led return program.
Similar politically-motivated violence erupted in Hamidiya and
Hassahissa IDP camps in West Darfur in August. There were multiple
cases reported of IDPs being harassed, arrested, and tortured by the
NISS. The Government harassed IDPs in Darfur who spoke with foreign
observers.
When political tension escalated into violence in the Hamidiya and
Hassahissa camps, the NISS arrested and detained IDPs who were
suspected of being affiliated with SLA/AW or suspected of providing
information to sources in the international community.
Following a UN Security Council visit to Darfur, security officials
arrested and harassed IDPs. On October 8, the NISS sought to arrest 16
persons in Abu Shouk and Al Salaam camps; the persons went into hiding.
On October 10, authorities arrested Mohamed Abdalluh Mohamed al-Haj of
Abu Shouk and Abdalla Ishag Abdul Raziq of Abu Shouk Camp. On October
17, authorities arrested approximately 24 more persons, including some
IDPs who had been arrested and released previously.
Fourteen of the 18 IDP leaders arrested and detained without access
to counsel following the 2009 killing of IDP camp leader Omer Adam
Ishaq and his wife were released, while four remained in jail at year's
end.
According to the UN, approximately 1.5 million IDPs lived in
Khartoum State, many of them in shanty towns rather than in the four
formal camps. Many Southern IDPs in the North have lived there for
decades, formed families, and found mainly informal employment in the
North. As of year's end, the parties had not reached an agreement
regarding the status of Southerners in the North in the post-CPA
period. At times during the year, government officials made statements
regarding the expulsion of Southerners, and at other times government
officials made statements supporting the protection of IDPs. Displaced
Southerners in and around Khartoum were subject to arrest, flogging,
fines, warrantless searches, and/or imprisonment in relation to Sharia-
based prohibitions against alcohol. The Government restricts access to
formal IDP camps around Khartoum.
There were no developments regarding the thousands of persons
displaced by the Merowe dam in previous years.
In the East, the Government continued to restrict humanitarian
access. These restrictions significantly limited the ability of
humanitarian organizations to provide services to vulnerable groups
such as IDPs and refugees. Approximately 50 percent of IDPs and
refugees in camps received food rations.
southern sudan
According to the UN, approximately two million IDPs and 350,000
refugees have returned to the South since 2005.
In August the autonomous government of Southern Sudan announced an
initiative to promote the return of Southerners living in the North.
Spontaneous and organized returns significantly increased towards the
end of the year, with an estimated 140,000 persons returning between
October and December. Many returned to areas located near the North-
South border, particularly to Unity State and Northern Bahr el Ghazal
States. Insufficient preparations for the return of IDPs to the South
was a problem. IDPs who returned to the South faced problems including
delayed allocation of land, insecurity, lack of basic services, lack of
livelihood opportunities, and problems obtaining onward transportation
from towns to counties of origin. There were reports that Misseriya
temporarily stopped some busses on their way South. In late November
nearly 7,800 returning IDPs were reportedly stuck in Bentiu after rains
made roads impassable; they took temporary shelter in school buildings.
There were also reports of persons who wished to return to the South
being stranded in Khartoum.
Interethnic fighting, postelection violence, LRA attacks, and
conflict between the SPLA and civilians resulted in the widespread
displacement of persons during the year. During the year violence
displaced 223,708 persons in the South, with the largest numbers of
displacements occurring in Western Equatoria, Jonglei, Lakes, and
Warrab states. The GOSS had only a very limited capacity to provide
services to IDPs. Most IDPs in the South integrated into communities
and did not live in a camp environment.
There were no reported developments in the January 2009 forcible
eviction of persons from residential areas and markets, which were
subsequently demolished; the evictions displaced more than 30,000
persons, including IDPs.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, but the Government has not
established a system for providing protection to refugees.
In practice the Government did not provide protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion.
The Government granted asylum to a large number of asylum seekers,
but there was no standard determination procedure or documentation.
Officially, the Government should grant prima facie refugee status to
asylum seekers. However, during the year it required Eritreans to
register as asylum-seekers rather than automatically granting the
appropriate refugee status, a policy contrary to national law governing
refugee status. Most Eritreans who entered the country appeared to be
familiar with the new steps required to register with the Government as
an asylum seeker. Government officials were reportedly unresponsive to
applications for refugee status.
Refugees were vulnerable to arbitrary arrests, harassment, and
beatings because applicants did not receive identification cards while
awaiting government determination of refugee status. Refugees could not
become resident aliens or citizens, regardless of their length of stay.
Refugees were not entitled to work permits.
According to Save the Children, government-supervised primary
education, while not free, was available to IDP children in Khartoum
and in refugee camps outside of Khartoum at a nominal cost of 10
Sudanese pounds (approximately $3) per month.
The Government provided temporary protection to individuals who
might not qualify as refugees under the 1951 Convention relating to the
Status of Refugees and the 1967 Protocol. The country's laws provide
for the granting of asylum or refugee status, but the Government has
not established a system for providing protection to refugees.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The CPA, interim national constitution, and the interim
constitution of Southern Sudan provide citizens the right to change
their government peacefully. CPA provisions relating to this right
include those providing for simultaneous referenda on the status of the
South and of Abyei, national elections, a census, and popular
consultations in Blue Nile and Southern Kordofan.
The CPA calls for a referendum in January 2011 for Southerners to
vote either for unity with the country or secession and for a
concurrent referendum for those of Abyei to determine whether Abyei
will remain in the North or join the South. During the year the parties
made significant progress in preparing for the referendum on the status
of Southern Sudan. Voter registration for the referendum on the status
of Southern Sudan occurred in December. However, preparations for the
Abyei referendum stalled due to disagreement over voter eligibility.
National and state level executive and legislative elections,
originally scheduled for July 2009 per the CPA, occurred in April but
did not meet international standards (see Elections and Political
Participation below).
The CPA established a three-member presidency consisting of a
president, first vice president, and vice president. It specified that
prior to elections, the then incumbent president (Omar Hassan al-
Bashir) was to serve as president and the then SPLM chairman (Salva
Kiir) was to serve as first vice president. Ali Osman Taha (NCP) was
appointed as vice president.
The 2006 Darfur Peace Agreement created a fourth ranking member in
the presidency, a senior assistant to the president, Minni Minawi,
leader of the Darfur rebel group SLA/MM. President Bashir did not
reappoint Minawi to the position of senior assistant following the
elections. The Darfur Peace Agreement-mandated Transitional Darfur
Regional Authority, charged with implementing the agreement and
promoting coordination and cooperation among the three Darfur states,
was established in 2007. Minawi served as head of the transitional
authority until December 8, when President Bashir issued a decree
declaring the wali of West Darfur as its head.
The CPA also provided a formula for allocating seats in the
bicameral legislature (composed of the 450-member National Assembly and
52-member Council of States) and cabinet prior to the elections. The
formula reserved 52 percent of the positions for the NCP, 28 percent
for the SPLM, 14 percent for northern opposition parties, including
those from Darfur, and 6 percent for southern opposition parties.
The CPA also provided for a popular consultation process to obtain
the views of persons in Blue Nile and Southern Kordofan on the CPA, so
that their respective legislatures could negotiate any shortcomings in
the constitutional, political, or administrative arrangements of the
CPA with the Government. The CPA stated that reports of parliamentary
committees to assess and evaluate CPA implementation were to be
provided to their respective state legislatures by January 2009;
however, this deadline was not met. In September the Blue Nile State
Assembly appointed its popular consultation commission, although it
lacked funding. Progress on the popular consultations in Southern
Kordofan was delayed to an even greater extent due to a dispute over
the 2008 population census. Between June 15 and June 29, the census was
reconducted in Southern Kordofan State. The parties agreed to postpone
state level elections in Southern Kordofan, which were rescheduled for
May 2011.

Elections and Political Participation.--Voter registration for the
Southern Sudan Self-Determination Referendum on the status of Southern
Sudan occurred from November 15 to December 8. Observers reported that
the process was generally fair, despite some logistical, procedural,
and security problems. For example, inconsistencies in the application
of identification, eligibility, and appeals regulations occurred.
Approximately 3.9 million persons registered to vote throughout Sudan
and in eight other countries with large Southern Sudanese populations.
The number of registrants in the North and in other countries was
significantly lower than early estimates suggested. Turnout for
registration in the North was low due to distance to the registration
centers, insufficient awareness raising, and ambiguity about the future
of Southerners in the North.
Preparations for the Abyei referendum remained stalled. The North
and the South did not reach agreement on voter eligibility criteria for
the CPA-mandated referendum on whether Abyei remains part of Northern
Sudan or joins the South. The North stated that the Misseriya, who
migrate through Abyei from the North, should be eligible to
participate, while the South rejected their inclusion.
The country's first multiparty national and state-level executive
and legislative elections in more than 20 years occurred on April 11-
15. The elections, which several Northern opposition parties boycotted,
did not meet international standards. The SPLM candidate for president
of Sudan, Yasir Arman, withdrew from the race just ahead of the
polling. Basic freedoms were circumscribed throughout the process.
Despite significant technical and commodities assistance from the
international community, logistical preparations were inadequate.
Intimidation and threats of violence occurred, particularly in the
South. The conflict in Darfur did not permit a conducive electoral
environment. The counting and tabulation process was disorganized, not
transparent, and did not follow procedural safeguards put in place by
the National Elections Commission. According to the Carter Center,
problems with counting and tabulation process raised ``questions about
the accuracy of the election results.''
President Omar Hassan al-Bashir (NCP) was reelected, as was first
vice president and GOSS president Salva Kiir Mayardit (SPLM). Ali Osman
Taha was reappointed to his position of second vice president.
In the National Assembly, the NCP won 323 seats, the SPLM won 99
seats, other parties and independents won 24 seats, and four
constituencies were vacant. NCP gubernatorial candidates won all
elected governor posts in the North (this did not include Southern
Kordofan) with the exception of Blue Nile State, where the SPLM
incumbent won.
As of year's end, there had been no action taken on the February 21
agreement between the parties that 40 seats would be allocated for the
South, four for Southern Kordofan, and two for Abyei.
SPLM candidates won all but one of the southern governorships, with
an independent candidate winning in Western Equatoria State. The SPLM
won 159 of 170 seats in the Southern Sudan Legislative Assembly, with
the SPLM-DC winning three, the NCP one, and independents seven.
Elections were postponed in a number of national and state
constituencies for reasons such as inaccurate ballots and candidate
deaths. In at least 30 constituencies the elections were held in June.
Key Sudanese groups observing the elections included TAMAM, KACE,
the Sudanese Group for Democratic Elections, the Sudan Domestic
Election Monitoring and Observation Program, and the Sudanese Network
for Democratic Elections (SUNDE). International monitoring missions
included the Carter Center, the Intergovernmental Authority on
Development, and the European Union Election Observation Mission.
Observers noted numerous problems with the preelection environment.
The legislative framework did not protect basic freedoms such as
assembly, speech, and press. GOS and GOSS security forces restricted
the actions of opposition parties, including through the arrest of
opposition members and supporters. There was insufficient voter
information, and logistical preparations for the vote were not
adequate.
During voting, observers found incorrect or incomplete voter
registries and noted that this resulted in disenfranchisement. The
locations of polling centers were not sufficiently clear. Many centers
did not open on time and received polling material late. Mistakes on
ballots were also a problem. Observers noted problems with safeguards
at polling centers, such as not following procedures pertaining to
indelible ink, voter identification, and ballot box seals. Observers
also reported intimidation and harassment, particularly in the South;
they noted specifically SPLA intimidation of voters and presence at
some polling stations. SUNDE reported that 21 of its observers were
detained, including in Central Equatoria, Unity, and Western Equatoria.
It also reported that one of its observers was kidnapped and beaten in
Western Bahr el Ghazal. A video posted to the Internet shortly after
the elections showed what appeared to be a uniformed elections official
in the North stuffing a sealed ballot container with paper. In Darfur
participation of IDPs in the election was low.
Problems with the counting occurred, and the tabulation process was
seriously flawed. During the counting process officials did not follow
administrative procedures or properly reconcile ballots counted with
the ballots received. Logistical problems delayed the transport of
materials such as ballot boxes and results forms. Officials did not
follow the electronic tabulation system process as designed, which
resulted in an inability to verify the accuracy of results. Observers
had difficulty accessing tabulation centers and were denied access to
some centers. Observers noted ``parallel tabulation operations'' in
Khartoum and South Darfur. In these cases observers were able to access
official centers, but there were also other places where access was
limited while tabulation was underway. Incidents of security-force
intimidation and interference and other serious irregularities occurred
during counting and tabulation in the South.
Postelection violence in the South resulted in deaths (see section
1.g., South Sudan).
The NCP dominated the Government in the North, and NCP members of
the Ja'alin tribe held the highest offices in government. Authorities
impeded and monitored political party meetings and activities,
restricted political party demonstrations and used excessive force to
break them up, and arrested opposition party members.
For example, on January 19, in Red Sea State, police using
excessive force broke up a peaceful demonstration in support of
independent gubernatorial candidate Hamad Mohammad Ali, injuring
participants. Security forces stated that the demonstrators did not
have a permit and arrested 27 persons. According to the candidate, his
supporters were denied a permit, while those of the incumbent governor
were allowed to hold a rally.
In the South the SPLM dominated the GOSS, and authorities there
obstructed the activities of the SPLM-DC.
Women have the right to vote. As required by the 2008 National
Elections Law, 25 percent of the seats in the national, Southern Sudan,
and state assemblies were filled from state-level women's lists. Women
won 114of the 450 seats in the National Assembly. Women held five of 46
seats in the Council of States. One woman served as a federal minister,
and five women served as state ministers. Voters elected 53 women to
the Southern Sudan Legislative Assembly, more than required by law. The
number of female ministers in the 32-member GOSS cabinet increased from
three to six following postelection appointments.
Section 4. Official Corruption and Government Transparency
The law does not specifically address official corruption. However,
officials are subject to the Financial Service Audit law that calls for
a special anticorruption attorney to investigate and try corruption
cases. Additionally, criminal law provides punishments for embezzlement
that can include execution for public service workers. All bankers are
considered public service workers. Officials frequently engaged in
corrupt practices.
There were no laws providing for public access to government
information, and the Government did not provide such access.
In Southern Sudan, the law provides for criminal penalties for
official corruption; however, GOSS officials often engaged in corrupt
practices with impunity. Corruption was a problem in all branches of
the GOSS.
GOSS president Salva Kiir publicly condemned corruption in
government, and in December 2009 the GOSS formed an anticorruption
commission. The commission identified some cases of corruption,
although information on follow-up on these cases was not available.
The interim constitution of Southern Sudan provides citizens with
the right to access government information, except in cases where such
access endangers public security or violates the right to privacy of
other persons. GOSS officials of the director general rank and higher
are required to submit financial declaration forms, although there is
no penalty for failure to comply. The GOSS granted access to government
information for citizens and noncitizens, including foreign media.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
The Government was uncooperative with and unresponsive to domestic
human rights groups. Both domestic and international human rights
organizations were restricted and harassed.
The Government harassed, arrested, beat, and prosecuted human
rights activists for their activities.
On February 22, the NISS reportedly closed the office of the
Strategic Initiative for Women in the Horn of Africa in Nyala following
a training session it held in conjunction with KACE.
Between October 30 and November 1, security forces arrested several
Darfuri activists, including HAND members and an individual who worked
for Radio Dabanga. Persons arrested during this period reportedly
included Abdelrahman Mohammed Al Gasim, Dirar Adam Dirar, Abdelrahman
Adam Abdelrahman, Manal Mohammed Adam, Aziza Ali Idriss, Aisha Sardo
Sherif, Abu Gasim Al Din, and Zakaria Yacoub. They were held
incommunicado without access to counsel and their families for some
time.
On December 22, a court sentenced Mudawi Ibrahim Adam, former
director of the Sudan Social Development Organization (SUDO), to one
year in prison and a fine of 3,000 Sudanese pounds ($1,186) for
embezzlement. He was previously acquitted of these charges in March
2009, a finding which the Humanitarian Affairs Commission appealed, but
for which it reportedly did not provide any new evidence. At year's
end, Mudawi remained incarcerated.
In the case of the 2009 closure of SUDO, on April 22, SUDO won a
court case to allow it to reopen, but HAC won on appeal and SUDO
remained closed at year's end. The Khartoum Center for Human Rights and
Environmental Development and the Amal Center for Treatment and
Rehabilitation, also closed in 2009, remained shut.
Abdel Majeed Saleh Abakr Haroun, a Darfuri human rights activist
and leading member of the Darfur Democratic Forum, who was arrested by
the NISS in August 2009, remained in NISS custody without charge until
mid-January, when he was released. He subsequently left the country.
The Government restricted, harassed, and arrested NGO-affiliated
international human rights and humanitarian workers, including in
Darfur (see section 1.g.).
The Government refused and delayed the issuance of visas to
international NGO members and restricted their access to parts of the
country.
NGOs must register with the HAC, the Government's entity for
regulating humanitarian efforts. The HAC obstructed the work of NGOs,
including in Darfur and the Three Areas (see section 1.g.). During the
year the HAC often changed its rules and regulations without prior
notification.
The Government continued to use bureaucratic impediments to
restrict the actions of humanitarian organizations, contrary to
provisions in the 2007 Joint Communique between the Government and the
UN. This included delaying the issuance of visas and travel permits to
humanitarian workers.
The Government's Advisory Council for Human Rights did not respond
to requests by international organizations for investigations into
human rights violations, and it did not provide lists of detained
individuals to the international community.
The National Commission for Human Rights Act, purportedly created
by law in April 2009, had not been set up by year's end.
The Government did not cooperate with the ICC (see section 1.g.).
In the South, a variety of domestic and international human rights-
related NGOs generally operated without government restriction,
investigating and publishing their findings on human rights cases.
Government officials were somewhat cooperative and responsive to their
views.
The South Sudan Council for Human Rights operated somewhat
independently. Its members were appointed by the president of the GOSS.
The council cooperated with international human rights advocates and
submitted regular reports and recommendations to the GOSS.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The interim national constitution prohibits discrimination based on
race and gender, but the Government did not effectively enforce these
provisions. The law does not address discrimination based on
disability, language, or social status.
The interim constitution of Southern Sudan prohibits discrimination
on race, gender, language, and social status. It does not address
discrimination based on disability.

Women.--The punishment for rape under the law varies from 100
lashes to 10 years' imprisonment to death; however, the Government did
not effectively enforce these provisions. Spousal rape is not addressed
in the law. In most rape cases convictions were not publicized;
however, observers believed that sentences often were less than the
legal maximum. There was no information available on the total number
of persons who were prosecuted, convicted, or punished for rape.
In the South, the law provides for up to 14 years' imprisonment for
rape and the possibility of a fine, although this provision does not
apply to ``sexual intercourse by a married couple.''
Rape of women and girls throughout the country, including in
Darfur, continued to be a serious problem (see section 1.g.).
Authorities often obstructed access to justice for rape victims.
Many victims in the North did not report their cases either to
family or authorities for fear they would be punished or arrested for
``illegal pregnancy'' or for adultery (see section 1.d.).
The law does not specifically prohibit domestic violence. Violence,
including spousal abuse, against women was common, although there were
no reliable statistics on its prevalence. Women who filed claims were
subjected to accusations of lying or spreading false information,
harassment, or detention, which made many women reluctant to file
formal complaints, although such abuse constituted grounds for divorce.
The police normally did not intervene in domestic disputes. Statistics
on the number of abusers prosecuted, convicted, or punished were not
available.
In the North, no law specifically prohibits sexual harassment,
although the law prohibits gross indecency, which is defined as any act
contrary to another person's modesty. The penalty for gross indecency
is imprisonment of up to one year and 40 lashes. Harassment reportedly
occurred, although reliable statistics were not available. There were
frequent reports of sexual harassment by police in Darfur and
elsewhere.
In the South sexual harassment is punishable by up to three years'
imprisonment and a fine. Observers noted that sexual harassment was a
serious problem in the South, including in GOSS ministries in Juba.
There were also allegations that senior male commanders and trainers at
the John Garang Unified Police Academy in Rajaf harassed, raped, and
forced female police trainees to have sex with them in exchange for
money.
Couples were able to decide freely on reproductive issues, but
societal and religious norms pressured married females to have several
children. Contraception, skilled medical attendance during childbirth,
and obstetric and postpartum care were not widely accessible. The UN
Population Fund estimated the maternal mortality ratio at 750 deaths
per 100,000 live births. Women had equal access to diagnosis and
treatment for sexually transmitted diseases, including HIV.
The law discriminated against women in the North, including many
traditional legal practices and certain provisions of Sharia as
interpreted and applied by the Government. In accordance with Islamic
law, a Muslim widow inherits one-eighth of her husband's estate; of the
remaining seven-eighths, two-thirds goes to the sons and one-third to
the daughters. Depending on the wording of the marriage contract, it
was often much easier for men than for women to initiate legal divorce
proceedings. In certain northern probate trials, under the Sharia
system, the testimony of women was not considered equivalent to that of
men; the testimony of two women was considered equivalent to that of
one man. In other civil trials, the testimony of a woman is considered
equivalent to that of a man.
A Muslim woman cannot legally marry a non-Muslim unless he converts
to Islam. This prohibition usually was neither observed nor enforced in
areas of the South or among Nubans (most of whom were Muslim).
There were occasional reports that security officials acting
without official authorization required a male signature on an exit
visa.
To obtain an exit visa, children must receive the permission of
both mother and father. In the father's absence, a paternal uncle can
sign in his place. Women can apply for exit visas for their children,
provided that both parents have signed the application.
Various governmental bodies have decreed that women must dress
modestly according to Islamic or cultural standards, including wearing
a head covering in the North. There were instances in the North in
which police arrested women for their dress and authorities subjected
them to flogging. However, women in the North often appeared in public
wearing trousers or with their heads uncovered. In Khartoum persons
known as religious police, who were not government officials,
occasionally demanded that women pay on-the-spot fines for violating
Islamic standards.
In the South in December, local press reported that newly trained
police in Juba were harassing women for wearing jeans and short skirts.
The GOSS and the Southern Sudan Human Rights Commission intervened, and
the harassment stopped. Women in the South were routinely held for
lengthy pretrial detention on allegations of adultery.
In the North, the Ministry of Social Welfare, Women, and Child
Affairs was responsible for matters pertaining to women. In the South,
the Ministry of Gender, Child, and Social Welfare had similar
responsibilities.
Women experienced economic discrimination in access to employment,
credit, pay for substantially similar work, and owning or managing
businesses. Women were accepted in professional roles; more than half
the professors at Khartoum University were women.
In the South, women served in professional roles, including in
government, both in the executive branch and in the Southern Sudan
Legislative Assembly. There were several female government ministers.

Children.--The interim national constitution states that persons
born to a Sudanese mother or father have the right to citizenship.
The Government did not register all births immediately.
The law provides for free basic education up to grade eight;
however, students often had to pay school, uniform, and exam fees. In
Darfur few children outside of cities had access to primary education.
Lack of schools was a serious problem in the South. Girls in the South
did not have equal access to education.
Child abuse and abduction were widespread. Criminal kidnapping of
children for ransom was reported on several occasions during the year.
Female genital mutilation (FGM) remained widespread, particularly
in the North, but estimates on its prevalence varied widely. A 2006
Sudan Household Health Survey, the most recent available, reported FGM
incidence at 69 percent. In the North, Ministry of Health bylaws
prohibit the practice of FGM by physicians and medical practitioners;
however, midwives continued to conduct FGM. In the South, performing or
causing FGM to be performed is punishable by up to 10 years'
imprisonment, a fine, or both. While a growing number of urban,
educated families no longer practiced FGM, there were reports that the
prevalence of FGM in Darfur had increased as persons moved to cities.
FGM was also increasing in IDP camps in Darfur. The Government actively
campaigned against it in partnership with UNICEF, civil society groups,
and the High Council for Children's Welfare. Several NGOs also worked
to eradicate FGM.
The law establishes the legal age of marriage as 10 for girls and
15 or puberty for boys. There were no reliable statistics on the extent
of child marriage, but it remained a problem.
Child prostitution and trafficking of children also remained
problems, particularly in the South. Penalties for offenses related to
the child prostitution and trafficking varied and could include
imprisonment and/or fines.
In the North, there is no minimum age for consensual sex or a
statutory rape law. In the South, persons must be 18 years of age to
consent to sexual intercourse, although rape does not apply to
intercourse between married persons. Penalties for rape in the South
are up to 14 years' imprisonment and may also include a fine.
Pornography, including child pornography, is illegal in the North and
the South.
Children were used as soldiers in armed groups (see section 1.g.).
Internally displaced children often lacked access to government
services such as education.
The Government operated reformatory camps for vagrant children.
Police typically sent homeless children who had committed crimes to
these camps, where they were detained for indefinite periods. Health
care and schooling at the camps generally were very basic, and living
conditions often were primitive. All of the children in the camps,
including non-Muslims, must study the Qur'an, and there was pressure on
non-Muslims to convert to Islam. War Child and other international and
domestic humanitarian NGOs were permitted to monitor the camps and
sometimes assisted the Government with certain aspects of camp
operations.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--The Jewish community remained small, and there were
no reports of anti-Semitic violence during the year; however,
government officials made anti-Semitic comments, and government-
controlled newspapers featured anti-Semitic caricatures.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--While the law does not specifically
prohibit discrimination against persons with disabilities, it
stipulates that ``the state shall guarantee to persons with special
needs the enjoyment of all the rights and freedoms set out in the
constitution, access to suitable education, employment, and full
participation in society.'' The Government has not enacted laws or
implemented effective programs to ensure access to buildings for
persons with disabilities. Credible sources noted that prisoners with
mental disabilities were chained 24 hours a day, and mentally disabled
prisoners were not exempted from trial. In the South there were no
mental health hospitals or institutions, and persons with mental
illnesses were held in prisons.

National/Racial/Ethnic Minorities.--The population is a multiethnic
mix of more than 500 Arab and African tribes with numerous languages
and dialects. Northern Muslims traditionally dominated the Government.
Interethnic fighting in Darfur was between Muslims who considered
themselves either Arab or non-Arab and also between different Arab
tribes (see section 1.g.). Interethnic fighting in the South was a
serious problem (see section 1.g.).
The Muslim majority and the Government continued to discriminate
against ethnic minorities in almost every aspect of society in the
North. Citizens in Arabic-speaking areas who did not speak Arabic
experienced discrimination in education, employment, and other areas.
There also were reports of discrimination against Arabs and Muslims by
individuals in the Christian-dominated South.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law prohibits sodomy,
which is punishable by death. There were no reports of antisodomy laws
being applied. There were no known lesbian, gay, bisexual, or
transgender organizations.
Official and societal discrimination against homosexual persons
occurred.
On August 4, authorities publicly flogged 19 men who were arrested
on July 29 at a party in Omdurman for breaking moral codes by wearing
women's clothes and makeup, reportedly during a wedding between two
men. The men had no lawyers, and the trial judge stated that police who
raided the party found the men dancing ``in a womanly fashion.'' Some
legal-aid lawyers said that they were scared to defend the group. On
August 2, residents of the Muhandaseen neighborhood in Omdurman held an
antihomosexual demonstration.
On June 25, authorities raided a mixed-gender fashion show and
arrested a number of male models. Officially the arrests were based on
a public order law preventing amplified noise after 11 p.m., although
it was widely assumed that the show was targeted because of the
perceived sexual orientation of its male participants.
In the South, GOSS president Salva Kiir remarked on an
internationally broadcast radio interview that homosexuality would not
be accepted in the South.
Societal discrimination against homosexual persons was widespread
both in the North and the South. In the North, vigilantes targeted
suspected homosexual persons for violent abuse, and there were public
demonstrations against homosexuality. Key members of parliament
proposed legislation that would allow ``severe punishment'' for
homosexuality.

Other Societal Abuses and Discrimination.--There was occasional
discrimination against persons with HIV/AIDS. In July a private primary
school in Omdurman reportedly expelled a student with HIV.

Incitement to Acts of Discrimination.--The Government and
government-supported militias reportedly promoted hatred and
discrimination, using standard propaganda techniques to incite tribal
violence.
Section 7. Worker Rights

a. The Right of Association.--Although the law provides for the
right of association for economic and trade union purposes, the
Government denied this right in practice. The Trade Union Act
established a trade union monopoly under the Government. Only the
Government-controlled Sudan Workers Trade Union Federation, which
consists of 25 state unions and 22 industry unions, can function
legally; all other unions were banned.
Strikes were considered illegal unless the Government granted
approval, which has never occurred. In most cases employees who tried
to strike were subject to employment termination; however, workers went
on strike during the year and were not terminated.
In June security forces arrested and beat doctors in relation to a
strike. On June 1, they arrested, reportedly beat, and then released
doctors al-Hadi Bakhit and Walla Aldin. Al-Hadi Bakhit was rearrested
soon after. That same day, security forces also arrested Ahmed Al-
Abwabi. On June 2, police beat protesters outside of Khartoum
University, injuring 12. Police also prevented doctors from attending
meetings of the strike committee. On June 2-8, authorities detained
doctors Ashraf Hammad, Mahmoud Khairallah, Abdelaziz Ali Jamee, and
Ahmed Abdallah Khalafallah. On June 24, doctors resumed work, and
authorities released the six detained doctors without charge.
In March Red Sea State wali (governor) Mohammed Tahir Ella ordered
the arrest of 250 striking dockworkers in Port Sudan. The strike was
related to a dispute with the Government of Red Sea State over the use
of union funds.
In the South in late May, during the GOSS presidential and Southern
Sudan Legislative Assembly inauguration, NISS personnel arrested nine
Southern Sudan Radio and Television staff and detained them for 16
days. Workers had been on strike in response to a payment issue and
refused to surrender Southern Sudan Television (SSTV) camera equipment
in their possession, without which SSTV reportedly would not have been
able to broadcast the inauguration.

b. The Right to Organize and Bargain Collectively.--The law denies
trade unions autonomy to exercise the right to organize or to bargain
collectively. The law defines the objectives, terms of office, scope of
activities, and organizational structures and alliances for labor
unions. The Government's auditor general supervised union funds because
they were considered public money.
There were credible reports that the Government routinely
intervened to manipulate professional, trade union, and student union
elections.
Specialized labor courts adjudicated standard labor disputes, but
the Ministry of Labor has the authority to refer a dispute to
compulsory arbitration.
The law does not prohibit antiunion discrimination by employers.
There is one export processing zone, in Port Sudan, and it is
exempt from regular labor laws.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, such
practices continued.
Abduction, forced labor, and sexual slavery of women and children
continued.
Although the Government continued to deny that slavery and forced
labor existed in the country, the Government's Committee to Eradicate
the Abduction of Women and Children acknowledged that abductions had
occurred in the 1980s and 1990s and that not all abductees had since
been freed.
The forcible recruitment of persons into armed groups continued
(see section 1.g.).

d. Prohibition of Child Labor and Minimum Age for Employment.--
Although mandated by the interim national constitution to protect
children from exploitation, the Government did not effectively do so,
and child labor was a serious problem. The legal minimum age for
workers was 18 years, but the law was not enforced in practice. Child
labor in the agricultural sector was common. Children were engaged in
shining shoes, washing cars, street vending, begging, herding animals,
construction, and other menial labor.
The use of child soldiers, child trafficking, and child
prostitution were problems.
The Ministry of Social Welfare, Women, and Child Affairs had
responsibility for enforcing child labor laws; however, enforcement was
ineffective.
In the South, child labor laws were rarely enforced.

e. Acceptable Conditions of Work.--The minimum wage was between 190
and 250 Sudanese pounds (approximately $80 to $100) per month, which
did not provide a worker and family a decent standard of living. The
Ministry of Labor, which maintained field offices in most major cities,
is responsible for enforcing the minimum wage, which employers
generally respected. In the South, civil service workers, including
teachers, often worked for long periods without being paid.
The law, which was generally respected, limits the workweek to 40
hours (five eight-hour days), with days of rest on Friday and Saturday.
Overtime should not exceed 12 hours per week or four hours per day.
There was no prohibition on excessive compulsory overtime.
Although the laws prescribe health and safety standards, working
conditions generally were poor, and enforcement by the Ministry of
Labor was minimal. The right of workers to remove themselves from
dangerous work situations without loss of employment is not recognized.
In the South, the Ministry of Labor and Public Services is
responsible for monitoring health and safety standards for workers;
however, it did not do so effectively.

__________

SWAZILAND

Swaziland is an absolute monarchy, and King Mswati III has ultimate
authority over the cabinet, legislature, and judiciary. According to
the 2007 census, the population was 1.02 million. There is a prime
minister and a partially elected parliament, but political power
remained largely with the king and his traditional advisors, the most
influential of whom remained the queen mother. International observers
concluded that parliamentary elections held in 2008 did not meet
international standards. The 2008 Suppression of Terrorism Act, used to
silence dissent and ban certain political organizations, remained in
effect. Security forces reported to civilian authorities.
Human rights problems included inability of citizens to change
their government; extrajudicial killings by security forces; mob
killings; police use of torture, beatings, and excessive force on
detainees; police impunity; arbitrary arrests and lengthy pretrial
detention; arbitrary interference with privacy and home; restrictions
on freedoms of speech and press and harassment of journalists;
restrictions on freedoms of assembly, association, and movement;
prohibitions on political activity and harassment of political
activists; discrimination and violence against women; child abuse;
trafficking in persons; societal discrimination against members of the
lesbian, gay, bisexual, and transgender (LGBT) community;
discrimination against mixed-race and white citizens; harassment of
labor leaders; restrictions on worker rights; and child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were reports
that the Government or its agents committed arbitrary or unlawful
killings.
There was an ongoing inquest into the death of Sipho Jele, who died
on May 4 while in custody at the Sidwashini correctional prison three
days after police arrested him for wearing a T-shirt from the banned
political group People's United Democratic Movement.
On January 5, police shot and killed three suspected robbers at the
Sidvokodvo Valley Farm as they allegedly fled from police; the robbers
were reportedly armed with a machete, hammer, and crow bar.
On March 10, members of the Royal Swaziland Police shot and killed
an armed South African citizen suspected of robbing a shop in Mlumati;
he reportedly was fleeing from the scene.
On April 15, in Manzini, police officers shot and killed suspected
thief Sipho Kunene as he reportedly ran from them.
No action was taken in any of the 2009 or 2008 killings by security
forces. Authorities claimed to have investigated these cases, but
officers were either cleared of wrongdoing or results were not
reported. No known action was taken against perpetrators.
During the year there were reports of killings by community police,
who are volunteers with arrest authority under the supervision of a
chief.
For example, in March community policeman Mandla Mdluli reportedly
killed Bhutana Simelane, who was apprehended for suspected robbery.
Mdluli was arrested on March 22 for Simelane's death.
On April 4, residents and community police of New Village beat to
death Siphephelo Dlamini, who was suspected of being a neighborhood
criminal.
On July 10, in Mlawula rangers shot and killed Lucky Matsenjwa, who
was suspected of poaching. Matsenjwa reportedly was unarmed.
Vigilante violence resulted in deaths.
For example, on June 22, a violent mob lured a man in Nhlangano
from his house and beat and burned him to death; the man was accused of
cattle smuggling.
No action was taken, nor was any expected, against community police
or civilians who participated in 2009 and 2008 killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices; however, the
provision prohibiting law enforcement officials from engaging in
torture is located in the ``policy'' section of the constitution and is
not enforceable in any court or tribunal. The law does not specifically
prohibit such practices. Security officials who engage in such
practices may be punished, but no punishments were reported during the
year. Many cases of torture were investigated, but findings were not
made public. Security officers reportedly used torture during
interrogation, assaulted citizens, and used excessive force in carrying
out their duties. Reported practices included beatings and temporary
suffocation using a rubber tube tied around the face, nose, and mouth,
or plastic bags around the head.
For example, on February 9, police beat a woman who was eight
months pregnant after she attempted to defend another vendor at the
Mbabane bus rank.
On February 14, a suspected gun smuggler claimed police tied him to
a tree, suffocated him with a tube, and shot him twice in the back.
On April 13, in Malkerns, police intervened at Valley Primary
School after 10 emalangeni (approximately $1.35) was reported stolen.
Hoping that the culprit would confess, police required 49 elementary
students to do up to 200 squats each.
On June 2, police forcibly apprehended Patricia Dludlu at her
workplace, claiming that she had stolen a cell phone; at the police
station, Dludlu was stripped naked and locked in a room. Police later
released Dludlu and did not bring charges.
On June 13, in Matsapha, three soldiers severely beat Amado Dos
Santos after he reportedly attempted to stop them from assaulting a
woman; he sustained multiple injuries to the head and received 19
stitches.
Police forcibly dispersed demonstrators, resulting in injuries (see
section 2.b.).
No actions were taken, nor were any expected, against security
force members responsible for 2009 or 2008 abuse cases.
There were credible reports of use of excessive force by community
police during the year.
On January 10, community police forced a man to eat raw goat meat
as punishment for allegedly killing a neighbor's goat.
On January 16, community police kidnapped and beat a man for
allegedly stealing his employer's laptop computer; the community police
were arrested following the incident.
For example, on February 16, Sanele Shongwe was accused of damaging
the windows of a neighbor's house and was beaten by community police
until he lost consciousness.
On March 6, community police in a semirural area punished two girls
for disrespecting one of their mothers, making the girls hold beer
bottles full of water for hours.
Mob violence continued, and persons accused of rape were often
severely beaten by community members.
For example, on January 20, in Mathendele an armed mob estimated to
number 70 persons attacked a woman after she had allegedly issued death
threats to a 15-year-old boy.
On March 19, in Magele, a man was hospitalized after a mob attacked
him because his dogs allegedly bit a child and a neighbor's goat.
On May 30, a man who was suspected of robbing three Msunduza
residents was paraded naked through the town, tied to a pole, and
severely beaten; he was later hospitalized for his injuries.
No action was taken, nor was any expected, against the perpetrators
of 2009 and 2008 mob violence.

Prison and Detention Center Conditions.--Prisons and detention
centers remained overcrowded, and conditions generally were poor.
Prison guards abused prisoners with impunity. The Swaziland Coalition
of Concerned Civic Organizations (SCCCO) reported that physical
punishment of prisoners and detainees was an accepted part of the
culture and not viewed as a human rights problem.
At Mawelawela, the only female detention facility, detainees were
not held separately from convicts. Several children lived with their
mothers in the facility. Female juveniles were also held in the women's
correctional facility, although they slept in different quarters.
During a bail application, a High Court judge expressed concern that at
the Peak Piggs Correctional Services minors awaiting trial were sharing
the same cells with adults.
The Government did not permit independent monitoring of prison
conditions by local human rights groups or the media. The 2009
Correctional Services annual report indicated that during the 2008-2009
fiscal year, there was a daily average of 2,700 inmates in 12 prison
centers, including 550 women and 50 juveniles. In prisons women are
held separately from men, and juveniles from adults; however, there
were reports that women and men were detained together in jails after
arrests, due to space constraints. Juveniles attend Correctional
Services Schools. A total of 1,173 inmates were referred to government
hospitals due to illness, and 14 inmates died while in detention due to
illness.
Overcrowding in prison cells was a problem, exposing inmates and
officers to diseases and life-threatening infections such as
tuberculosis, HIV/AIDS, and hepatitis. There were allegations that
sexual activity, including rape, takes place in prisons, and reports
that detainees suffered from a shortage of food. The type of clothing
prisoners wore was not well suited for winter, and there was not enough
bedding, forcing detainees to sleep on floors. Prison structures were
old, dilapidated, and in need of major rehabilitation and
refurbishment.
On May 4, political prisoner Sipho Jele died in police custody (see
section 1.a.).
Prisoners and detainees had reasonable access to visitors. Although
prisoners were allowed to present their grievances or complaints, the
grievances were censored and sometimes did not reach appropriate
authorities. Christian inmates were permitted religious observance.
Chaplains and independent pastors from various denominations were
allowed to minister, but other religious groups, although not
explicitly prohibited, experienced challenges in accessing inmates.
Authorities investigated allegations of inhuman conditions and
documented results of such investigations, but the reports were never
made public. The Government, through the minister of justice and
constitutional affairs and a parliamentary portfolio committee, visited
prison and detention centers during the year. Convicts had free
movement in terms of performing outdoor chores and the opportunity to
play different sports, but detainees were confined to the prison
centers.
There were no public reports by independent monitoring groups
during the year. The International Committee of the Red Cross requested
to visit and monitor prisons and jails, but did not receive permission.
International officials and nongovernmental organizations (NGOs)
working on programs to fight HIV were permitted frequent entry to
prisons and detention centers.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, police arbitrarily
arrested and detained numerous persons.
For example, on February 10, a protest planned by University of
Swaziland students was disrupted by police when they detained five
leaders of the Swaziland National Union of Students (SNUS). After
several hours, police released students in a remote area. Sicelo
Vilane, a journalism student at Oxford College, was arrested for taking
pictures of police detaining the SNUS leaders. After police discovered
a membership card for the Swaziland Youth Congress (SWAYOCO), a banned
political entity, Vilane was charged with terrorism. The charges were
later dropped.
On April 12, police detained Motern Koefen, a consultant from
Denmark working with the Foundation for Socioeconomic Justice, as he
was on his way to a meeting with the Swaziland Chapter of the Global
Democracy Campaign. Police subsequently released Koefen, who was not
charged.
On May 1, police detained and arrested a number of political
activists for participating in a May Day celebration, claiming they
were not allowed to participate in the event hosted by the Swaziland
Federation of Trade Unions (SFTU) and the Swaziland National
Association of Teachers because they were not workers.

Role of the Police and Security Apparatus.--The king is the
commander in chief, holds the position of minister of defense, and is
the commander of the police and the correctional services. He presides
over a civilian principal secretary of defense and a commanding
general. Approximately 40 percent of the Government's workforce is
allocated to security.
The Royal Swaziland Police Service (RSPS), under the authority of
the prime minister, is responsible for maintaining internal security.
The Umbutfo Swaziland Defense Force (USDF), which reports to the
defense minister, is responsible for external security but also has
domestic security responsibilities, including protecting members of the
royal family. The principal secretary of defense and the army commander
are responsible for day-to-day USDF operations. The RSPS and the USDF
were generally professional, despite inadequate resources and
bureaucratic inefficiency; however, members of both forces were
susceptible to political pressure and corruption. The Government
generally failed to prosecute or otherwise discipline security officers
accused of abuses. No independent body had the authority to investigate
police abuses. An internal RSPS complaints and discipline unit
investigated reports of police abuse but did not release results of its
findings to the public. Some officers attended training programs that
included a human rights component outside the country. Traditional
chiefs supervise volunteer rural ``community police,'' who have the
authority to arrest suspects and bring them before an inner council
within the chiefdom for trial for minor offenses. For serious offenses,
community police are required to apprehend suspects and transfer them
to the RSPS for further investigation; however, this did not always
occur and, in cases when it did, it often happened after suspects were
subjected to severe beatings.

Arrest Procedures and Treatment While in Detention.--The law
requires warrants for arrests, except when police observe a crime being
committed, believe that a person is about to commit a crime, or
conclude that evidence will be lost if arrest is delayed. Detainees may
consult with a lawyer of their choice, but the Government pays for
defense counsel only in cases in which the potential penalty is death
or life imprisonment. Detainees must be charged with the violation of a
statute within a reasonable time, usually within 48 hours of arrest or,
in remote areas, as soon as the judicial officer appears; however,
arresting authorities did not always charge detainees within that
period. In general detainees were promptly informed of the charges
against them; their families had access to them and were allowed to
consult with lawyers of their choice. There is a functioning bail
system, and suspects can request bail at their first appearance in
court, except in the most serious cases such as murder and rape.
Police arbitrarily detained opposition members and demonstrators.
Lengthy pretrial detention was common. In 2007 the International
Center for Prison Studies found that 31 percent of the prison
population consisted of pretrial detainees. Judicial inefficiency and
staff shortages contributed to the problem, as did the police practice
of prolonging detention to collect evidence and prevent detainees from
influencing witnesses. In some cases, persons were exonerated after
years of repeated remands requested by police.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the king, on recommendation of
the Judicial Services Commission, appoints the judiciary, limiting
judicial independence. Judicial powers are based on two systems: Roman-
Dutch law and a system of traditional courts that follows traditional
law and custom. Neither the Supreme Court nor the High Court, which
interprets the constitution, has jurisdiction in matters concerning the
office of the king or queen mother, the regency, chieftaincies, the
Swazi National Council, or the traditional regiments system. All of
these institutions are governed by traditional law and custom (see
section 2.a.).
Most citizens who encountered the legal system did so through the
13 traditional courts. Each has a president appointed by the king.
Authorities may bring citizens to these courts for minor offenses and
violations of traditional law and custom.
The Director of Public Prosecutions has the legal authority to
determine which court should hear a case, and public prosecutors have
delegated responsibility; however, police usually made the
determination. Persons convicted in the traditional courts may appeal
to the High Court. Prolonged delays during trials in the magistrate
courts and High Court were common.
Military courts are not allowed to try civilians and do not provide
the same rights as civil criminal courts. For example, military courts
may use confessions obtained under duress as evidence and may convict
defendants on the basis of hearsay.

Trial Procedures.--The constitution provides for the right to a
fair public trial, except when exclusion of the public is necessary in
the ``interests of defense, public safety, public order, justice,
public morality, the welfare of persons under the age of 18 years, or
the protection of the private lives of the persons concerned in the
proceedings.'' The judiciary generally enforced this right in practice.
Defendants enjoy a presumption of innocence, but juries are not used.
Court-appointed counsel is provided at government expense in capital
cases or if the crime is punishable by life imprisonment. Otherwise,
defendants in superior and magistrate courts may hire counsel at their
own expense. Defendants can question witnesses against them and present
witnesses and evidence on their own behalf. Defendants and their
attorneys have access to relevant government-held evidence, generally
obtained during pretrial consultations with the Public Prosecutor's
Office. Defendants and prosecutors have the right of appeal up to the
Supreme Court.
The traditional courts serve the chiefs, who are appointed by the
king, and have limited civil and criminal jurisdiction. They are
authorized to impose fines of up to 100 emalangeni ($13.50) and prison
sentences of up to 12 months. Traditional courts are empowered to
administer customary law only ``insofar as it is not repugnant to
natural justice or morality'' or inconsistent with the provisions of
any civil law in force; however, some traditional laws and practices
violate civil laws and international treaties signed by the country,
particularly those involving women's and children's rights. Defendants
in traditional courts are not permitted formal legal counsel but may
speak on their own behalf, call witnesses, and be assisted by informal
advisors. Sentences are subject to review by traditional authorities
and can be appealed to the High Court.

Political Prisoners and Detainees.--On May 4, political prisoner
Sipho Jele died while in police custody (see section 1.a.).
In September 2009 the High Court dismissed for insufficient
evidence the terrorism and sedition case against political prisoner
Mario Masuku, leader of the People's United Democratic Movement of
Swaziland (PUDEMO). Masuku, who had declined bail to pressure the
Government to bring his case to trial, had been detained since 2008 on
terrorism and sedition charges. In 2009 the Government denied Amnesty
International, the Council of Swaziland Churches, the Swaziland
Federation of Trade Unions, and a group of Danish students access to
Masuku. The Government allowed Masuku's family and attorneys to visit;
however, Mandla Mkwanazi, one of Masuku's legal advisors, claimed he
was forced to consult with his client over a fence and in a general
visitation room without attorney-client privacy.

Civil Judicial Procedures and Remedies.--The judiciary, which has
limited independence, tries civil as well as criminal cases, including
suits for damages against government agents. Administrative remedies
are available under civil service rules and regulations.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions except
``in the interest of defense, public safety, public order, public
morality, public health, town and country planning, use of mineral
resources, and development of land in the public benefit;'' however,
the Government did not always respect these prohibitions and broadly
construed exceptions to the law. The law requires police to obtain a
warrant from a magistrate before searching homes or other premises;
however, police officers with the rank of subinspector or higher have
the authority to conduct a search without a warrant if they believe
that delay might cause evidence to be lost.
During the year the army conducted random checks for illegal
immigrants, weapons, stolen vehicles, and evidence of other criminal
activities through roadblocks and searches in homes. Police also
entered homes and businesses without judicial authorization.
Police conducted physical surveillance of members of labor unions,
political groups, religious groups, and others. For example, on
September 7, police entered the offices of the Foundation for
Socioeconomic Justice and reportedly insulted and intimidated the
staff, including Danish nationals who were visiting the foundation, and
transported them to the police station. The Swazi nationals were kept
in the van for the entire day, and the visiting nationals were escorted
to the airport since they were leaving the country that day.
In 2008 the Government issued an official declaration designating
PUDEMO, the Swaziland Solidarity Network (SSN), SWAYOCO, and the
Swaziland People's Liberation Army (UMBANE) as ``specified entities''
under the 2008 Suppression of Terrorism Act. Persons who abetted,
aided, sympathized with, sheltered, or provided logistical support to
these organizations were subject to arrest and prison terms of 25 years
to life.
On April 7, Royal Swaziland Police who claimed to be searching for
stolen cattle and groceries raided the homestead of a traditional
healer in Nhlangano without the permission of the chief.
On June 4, police entered the home of Bheki Mbilini Dlamini, the
regional chairperson of the Swaziland Nurses Association, and
confiscated medicine, documents, and handcuffs; at the time of the
raid, the police did not provide a search warrant.
On June 23, police raided the home of Barnes Dlamini, SFTU
president. The search warrant in police possession specified the
removal of any bomb-making materials, but during the raid, the police
confiscated political literature.
During the week of June 19, police raided the homesteads of six
PUDEMO members and two SWAYOCO members. The searches were allegedly
conducted due to suspicion of the members' involvement in a series of
bombings that had taken place in several homes and buildings around the
country. Police confiscated a variety of PUDEMO documents including
placards and a copy of the group's constitution.
The Times of Swaziland Sunday newspaper reported on June 27 that
Norman Xaba, a member of PUDEMO, allegedly received a threat from
police stating he would die within 20 days for his affiliation with
that organization.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, but the king may waive these rights
at his discretion, and the Government restricted these rights during
the year. Although no law bans criticism of the monarchy, the prime
minister and other officials warned journalists that publishing such
criticism could be construed as an act of sedition or treason, and
media organizations were threatened with closure for criticizing the
monarchy. The law empowers the Government to ban publications if they
are deemed ``prejudicial or potentially prejudicial to the interests of
defense, public safety, public order, public morality, or public
health.'' Most journalists practiced self-censorship.
The king may suspend the constitutional right to free expression at
his discretion, and the Government severely restricted freedom of
expression, especially regarding political issues or the royal family.
For example, Justice Minister Ndumiso resigned in August amidst
allegations of a romantic relationship between the minister and King
Mswati III's 12th wife, Queen Nothando Dube. Despite intense local and
regional interest, no Swazi media outlet reported on why the minister
resigned. Individuals and their family members who criticized the
monarchy risked exclusion from the traditional regiments' (chiefdom-
based groupings of Swazi males dedicated to serving the king) patronage
system that distributed scholarships, land, and other benefits.
Traditional chiefs were obliged to punish offenders when matters were
brought to their attention. During the year the prime minister warned
journalists against making statements that could be interpreted as
seditious.
Daily newspapers criticized government corruption and inefficiency,
but generally avoided criticizing the royal family.
In December 2009 the attorney general told newspaper editors that
promoting or giving support to terrorists remained a serious crime. In
2008 the attorney general warned that journalists who criticized the
Government could be viewed as supporting terrorists and arrested under
the Suppression of Terrorism Act (see section 2.b.).
Journalists continued to be threatened, harassed, and assaulted
during the year.
For example, on February 12, during the official opening of
parliament, photographers from the Times of Swaziland were harassed for
taking pictures of the traditional marula brew that was kept in some
offices in parliament. One of the journalists, Walter Dlamini, was
detained by police and forced to delete the photographs before being
able to attend the rest of the celebration.
On March 22, Swazi Observer newspaper editor Sifiso Dhlamini
resigned after a Mbabane City Council board member advised him not to
publish an article about former Mbabane City Council CEO Gideon
Mhlongo; he later withdrew his resignation.
On September 6, a Times of Swaziland journalist was harassed and
detained by police while covering a meeting organized by the Swaziland
Democracy Campaign. Police confiscated his camera and briefly kept it
at the Manzini police station.
On September 8, a female journalist from the Swazi Observer was
harassed by paramilitary police for recording a riot scene during a
workers' protest march.
During the year the Swaziland Broadcasting Information Services
banned trade unions from airing announcements at radio stations unless
they had permission from the police.
Defamation laws were used to restrict the press.

Academic Freedom and Cultural Events.--Restrictions on political
gatherings and the practice of self-censorship affected academic
freedom by limiting academic meetings, writings, and discussion on
political topics. There were no government restrictions on cultural
events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly; however,
the Government severely restricted this right during the year. The law
requires police consent to hold political meetings, marches, or
demonstrations in a public place. Authorities continued to withhold
permission for meetings sponsored by groups such as the Congress of
South African Trade Unions on grounds that they were not in the
national interest or would ``compromise peace, security, and stability
of the country.''
For example, on January 28, police fired teargas canisters to
disperse a group of students from the University of Swaziland who were
marching to deliver a petition to the Ministry of Labor and Social
Security regarding allowances. Four students were injured during the
incident.
On February 20, police stopped the Vulamehlo Youth Brigade, a
youth-led organization, from meeting at the Lutheran Development
Services building, claiming the organization was illegal.
On March 20, police broke up a peaceful rally organized by the
banned political entity SWAYOCO.
On April 10, police stopped approximately 50 persons from traveling
to the kaShoba constituency to discuss the problem of violence by game
park rangers against alleged poachers.
On April 16, police denied entrance to a meeting organized by the
Swaziland Democracy Campaign for PUDEMO President Mario Masuku.
No action was taken against police who used excessive force on
demonstrators or against security force members who forcibly dispersed
demonstrations in 2009.

Freedom of Association.--The constitution provides for freedom of
association, but the Government severely restricted this right during
the year. The constitution does not address the formation or role of
political parties, and a 2006 High Court appeal to the 1973 ban on
political parties had not been heard by year's end. However, in a 2008
affidavit, the former prime minister reiterated that political parties
were banned, and in 2008 Prime Minister Dlamini issued an official
declaration designating PUDEMO, SWAYOCO, the SSN, and UMBANE as
``specified entities'' under the Suppression of Terrorism Act. The act,
which was first used following the 2008 detonation of a bomb near one
of King Mswati's palaces, provides that persons or groups found
associating with any of the four illegal groups can be sentenced to
prison terms of 25 years to life. According to the attorney general,
persons or groups that abet, aid, sympathize with, shelter, or provide
logistical support to these organizations invite the ``wrath of the
law.''
The Government harassed and detained opposition members and
conducted surveillance on members of labor unions, political groups,
and groups considered potentially political (see sections 1.f. and 3).

c. Freedom of Religion.--For a description of religious freedom,
please see the Department of State's 2010 International Religious
Freedom Report at www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. It also states that provisions of law and custom, which
impose restrictions on the freedom of any person to reside in the
country, shall not contravene the freedom granted by the constitution.
By traditional law and custom, chiefs have power to decide who
lives in the chiefdom, and evictions due to internal conflicts, alleged
criminal activity, or opposition to the chief occurred.
Nonethnic Swazis sometimes experienced lengthy processing delays
when seeking passports and citizenship documents, in part due to the
country's history when mixed race and white persons were not considered
legitimate citizens.
The law prohibits forced exile, and the Government did not use it.

Protection of Refugees.--Laws provide for the granting of asylum or
refugee status, and the Government has established a system for
providing protection to refugees. In practice the Government provided
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened. The Government
cooperated with the Office of the UN High Commissioner for Refugees and
other humanitarian organizations in providing protection and minimal
assistance to refugees and asylum seekers.
The Government accepted refugees for permanent resettlement,
allowed them to compete for jobs, and granted them work permits and
temporary residence permits without discrimination. The Government also
provided refugees with free transportation twice a week to buy food in
local markets and to earn a living. Refugees who lived in the country
more than five years qualified for citizenship; however, most refugees
waited longer to apply, sometimes more than 10 years, due to lack of
information regarding their immigration status.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens could not change their government peacefully, and
political parties remained banned. In August King Mswati III publicly
reiterated his stance that the issue of political parties was
previously discussed and concluded at the cattle byre, a setting like a
traditional parliament or discussion forum where national issues are
deliberated, and that the matter was closed. The king retains ultimate
executive and legislative authority; parliament has limited authority.
Legislation passed by parliament requires the king's consent to become
law. Under the constitution, the king selects the prime minister, the
cabinet, two thirds of the senate, 10 of 65 members of the house, many
senior civil servants, the chief justice and other justices of the
superior courts, members of commissions established by the
constitution, and the heads of government offices. On the advice of the
prime minister, the king appoints the cabinet from among members of
parliament. The constitution states that the king is required to
consult with others (usually a traditional council) before exercising a
major decision; however, he is not required to accept their advice.
Following the 2008 detonation of a bomb near the king's residence,
Prime Minister Dlamini issued a declaration designating PUDEMO,
SWAYOCO, the SSN, and UMBANE as ``specified entities'' under the
Suppression of Terrorism Act (see section 2.b.). Persons found
associating with any of the organizations faced prison terms of 25
years to life.

Elections and Political Participation.--In September 2008
parliamentary elections were held, the first since the constitution
went into effect in 2006; the king appointed a government in October
2008. International observers concluded that the elections did not meet
international standards. Banned political parties were not allowed to
register or sponsor candidates of their choice. Ballots were cast in
secrecy but could be traced by registration number to voters; some
ballot boxes were not properly protected. Accusations of bribery were
reported. There were widespread reports that citizens were advised if
they did not register to vote, they would no longer receive government
services.
In 2009 the High Court ruled that the SCCCO did not have legal
standing to sue the Electoral and Boundaries Commission (EBC), which
draws district boundaries, commissions civic education and voter
registration programs, and publishes postelection reports. In 2008 the
SCCCO sued the EBC on the grounds that its five members--all of whom
were chosen by the king--did not meet the constitutional requirements
for independence, diversity, and relevant qualifications.
When the constitution took effect, the 1973 decree that banned
political parties lapsed; the constitution provides for freedom of
association but does not address how political parties can operate,
including how they can contest elections. In 2006 the minister of
justice and constitutional affairs stated that political organizations
could hold meetings at ``tinkhundla'' (local government) centers if
they obtained permission from the regional administrator and allowed a
police officer to attend the meeting. However, political and civic
organizations reported problems with traditional authorities when they
requested permission to meet.
The constitution also states that candidates for public office must
compete on their individual merit, thereby blocking competition based
on political party affiliation.
The Government harassed and arrested opposition members and raided
the offices of opposition groups.
In the early hours of June 17, police, armed with a warrant,
searched the home of civil rights activist Musa Hlophe, coordinator of
the SCCCO, in search of bombs.
On September 6, police dispersed a meeting of political and labor
activists organized by the Swaziland Democracy Campaign, and Swazi
unions and opposition leaders reported that police searched their
offices and harassed members who participated in the demonstration.
In August Sibusiso Mhlanga, a member of the banned political party
PUDEMO's youth wing, SWAYOCO, was arrested, interrogated, and his house
searched after he was apprehended making copies of an article from a
South African newspaper detailing the arrest and resignation of a
former justice minister. He was later charged with violating copyright
law. His case was pending at year's end.
On May 1, Jan Sithole, former SFTU secretary general, and Musa
Hlophe were detained for approximately 30 minutes at the South African
control office at the OR Tambo Airport because South African
authorities claimed the Swazi government had issued a security alert on
the passports.
Participation in the traditional sphere of governance and politics
is predominantly done through chiefdoms. Chiefs are custodians of
traditional law and custom, report directly to the king, and are
responsible for the day-to-day running of their chiefdoms and
maintaining law and order. Local custom mandates that chieftaincy is
hereditary. However, the constitution, while recognizing that
chieftaincy is ``usually hereditary and is regulated by Swazi law and
custom,'' also states that the king ``can appoint any person to be
chief over any area.'' As a result, many chieftaincies were
nonhereditary appointments, which provoked land disputes, especially at
the time of burials.
The constitution provides that 55 of the 65 seats in the House of
Assembly be popularly contested and that the king appoint the remaining
10 members. Five of the 10 must be women, and the other five must
represent ``interests, including marginalized groups not already
adequately represented in the house.'' In 2008 the king appointed two
women to the House of Assembly, instead of the required five, a
constitutional violation that was not rectified during the year. The
constitution also provides for an additional woman from each of the
four regions if women do not constitute a third of the total members,
nominated by the elected house members from each region, but the house
had not nominated these members by year's end. In December 2009 EBC
Chairman Chief Gija Dlamini stated there was no space in parliament to
seat female regional members and the constitutional requirement could
not be fulfilled until parliament was physically expanded.
The king appoints 20 members of the 30-seat Senate, and the House
of Assembly elects the other 10. The constitution provides that at
least eight of the king's nominees and five of the House of Assembly's
nominees to the Senate be women. While house members elected the
required five female members, the king appointed only seven female
senators. The king had not rectified this constitutional violation by
year's end. Women held 20 percent, rather than the mandatory 30
percent, of parliamentary seats. The king appointed five women as
cabinet ministers out of 20 ministerial positions.
Widows in mourning (for periods that can vary from one to three
years) were prevented from appearing in certain public places or in
close proximity to the king. As a result, widows were effectively
excluded from voting or running for office during those periods.
There were almost no ethnic minorities in the Government. The
constitution provides that other appointees should represent
``interests, including marginalized groups not already adequately
represented in the House.'' However, most officials were from the royal
Dlamini family or connected with royalty.
Section 4. Official Corruption and Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
officials sometimes engaged in corrupt practices with impunity. There
was a widespread public perception of corruption in the executive and
legislative branches of government and a general consensus that the
Government was doing little to combat it. The Coordinating Assembly for
Nongovernmental Organizations estimated that 45 million emalangeni (six
million dollars) in potential government revenue is lost each month due
to corruption. The World Bank's most recent Worldwide Governance
Indicators reflected that corruption was a serious problem.
Both RSPF and USDF personnel were susceptible to political pressure
and corruption. The Anticorruption Commission (ACC), funded by the
Ministry of Justice, has the power to investigate cases, gather
evidence, and arrest individuals for failure to respond to ACC
requests. During the year it recorded 148 complaints of corruption.
Eighty-nine cases were authorized for investigation, and 27 were
referred to other law enforcement agencies; five cases are currently in
court and four are with the Director of Public Prosecutions awaiting
commencement of prosecution; however, no ACC case had resulted in
conviction by year's end. ACC commissioner H.M. Mtegha, a retired judge
from Malawi, attributed the commission's ineffectiveness to lack of
resources and training, inadequate staff, a shortage of judges, and the
general backlog of cases in the court system.
Principals and teachers routinely demanded bribes to admit
students.
Credible reports continued that business contracts, government
appointments, military recruitment, and school admissions were awarded
on the basis of the owners' relationship with government officials.
Authorities rarely took action when incidents of nepotism were
reported.
For example, on May 25, the general manager and the senior
mechanical engineer of the Central Transport Administration, Polycarp
Dlamini and Mpumelelo Mamba, were arrested along with Sandile Dlamini,
the manager of Protronics Networking Corporation, and Industrial Court
judge Sifiso Nsibande, on charges of money laundering since 2005. The
four men were released on a 50,000 emalangeni ($6,760) bail, and the
cases had not progressed in the courts by year's end.
On June 2, police arrested Qhawe Mamba, the owner of television
station Channel Swazi, for his alleged involvement in a pyramid scheme
in 2008. His case was still pending in court at year's end.
The constitution prohibits government officials from assuming
positions in which their personal interest is likely to conflict with
their official duties. These officials are required to declare their
assets and liabilities to the Integrity Commission within six months of
its establishment. In December 2009 the prime minister and members of
his cabinet declared their assets to the commission, and other high-
ranking officials declared their assets by March 11. The commission has
not made these reports public, and it is unclear whether it is required
to do so.
There is no law permitting public access to government documents,
and public documents were difficult to access.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases; however, government
officials were rarely responsive to their views. Among active groups
were the Swaziland Action Group Against Abuse, Lawyers for Human Rights
of Swaziland, Women and Law in Southern Africa, the Council of
Swaziland Churches, and the Roman Catholic Church. Human rights groups
spoke out on a number of occasions, criticizing the lack of
accountability and transparency in the Government.
The constitution provides for the independence of human rights
NGOs; however, this provision falls within the ``policy'' section,
which cannot be enforced in any court or tribunal.
In June 2009 police arrested on sedition charges Thulani Maseko,
the coordinator for the local NGO Human Rights Swaziland and one of the
lawyers for political prisoner Mario Masuku. During 2009 May 1
celebrations, Maseko reportedly expressed support for the two ``freedom
fighters'' who died in 2008 when a bomb in their car prematurely
detonated under the Lozitha Bridge near the royal palace. Authorities
later released Maseko on bail, and his case remained pending at year's
end.
In September 2009 the Government established the Commission on
Human Rights and Public Administration; the commission is precluded
from investigating any matter ``relating to the exercise of any royal
prerogative by the Crown.''
The Government generally cooperated with international
organizations and permitted visits by UN representatives. In February
Michel Sidibe, Executive Director of UNAIDS, visited the country.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, sex,
disability, age, ethnicity, religion, political opinion, or social
status; however, the Government did not consistently enforce the law.

Women.--The law criminalizes rape, including spousal rape; however,
rape was common, and the Government did not always enforce the law
effectively. According to the 2009 RSPS Annual Report, 624 rape cases
were reported in 2009. Many men regarded rape as a minor offense,
despite it being against the law. A sense of shame and helplessness
often inhibited women from reporting such crimes, particularly when
incest was involved. The maximum sentence for aggravated rape is 15
years; however, the acquittal rate for rape was high, and sentences
were generally lenient.
Domestic violence against women, particularly wife beating, was
common and sometimes resulted in death. Domestic violence is illegal;
however, police efforts to combat the crime were inadequate. According
to a survey conducted in 2008 by the Government's Central Statistics
Office, 60 percent of men believed it was acceptable to beat their
wives, and 18 percent of females between 13 and 44 years old had
contemplated suicide, primarily as a result of domestic violence. The
special police units established in 2008 for domestic violence, child
abuse, and sexual abuse reported an increase in cases received during
the year, compared with cases reported to the police previously.
Women have the right to charge their husbands with assault under
both the Roman-Dutch and traditional legal systems, and urban women
frequently did so, usually in extreme cases when intervention by
extended family members failed to end such violence. Penalties for men
found guilty of assault not involving rape against a woman depended on
the court's discretion. Rural women often had no relief if family
intervention did not succeed, because traditional courts were
unsympathetic to ``unruly'' or ``disobedient'' women and were less
likely than modern courts to convict men of spousal abuse. The Roman-
Dutch legal system often gave light sentences in cases of abuse against
women. The NGO Swaziland Action Group Against Abuse has hotlines and
shelters to assist victims of abuse.
Legal provisions against sexual harassment were vague, and
government enforcement was ineffective; no cases have been brought to
court. There were frequent reports of sexual harassment, most often of
female students by teachers. Numerous teachers and some principals were
fired during the year for inappropriate sexual conduct with students,
who were threatened with poor grades if they did not provide sexual
favors to teachers. There were 161 such teacher-pupil cases
investigated during the year; 10 involved principals of schools.
The Government upheld the basic right of couples and individuals to
decide freely and responsibly the number, spacing, and timing of their
children and to have the information and means to do so free from
discrimination, coercion, and violence. There was wide access to
contraception, including at public restrooms, clinics, and workplaces
throughout the country. Women were equally diagnosed and treated for
sexually transmitted infections, including HIV. Skilled attendance
during childbirth, including essential obstetric and postpartum care,
was limited in rural areas. The 2009 UNFPA State of the World
Population Report indicated that the country's maternal mortality ratio
is 390 per 100,000 live births; the proportion of maternal deaths due
to HIV is 75 percent.
Women occupy a subordinate role in society. The dualistic nature of
the legal system complicates the issue of women's rights. Since
unwritten law and custom govern traditional marriage and matters of
inheritance and family law, women's rights often are unclear and change
according to where and by whom they were interpreted. Couples often
marry in both civil and traditional ceremonies, creating problems in
determining which set of rules apply to the marriage and to subsequent
questions of child custody, property, and inheritance in the event of
divorce or death.
The constitution provides that women can open bank accounts, obtain
passports, and take jobs without the permission of a male relative;
however, these constitutional rights often conflict with customary law,
which classifies women as minors. Women routinely executed contracts
and entered into a variety of transactions in their own names; however,
banks still refused personal loans to women without a male guarantor.
The constitution provides for equal access to land; however, customary
law forbids women from registering property in their own names. The law
requires equal pay for equal work; however, the average wage rates for
men by skill category usually exceeded those of women. Several existing
acts reportedly require amendments to bring them into line with the
constitution, including the Marriage Act, the Administration of Estates
Act, and the Deeds Registry Act.
On February 23, the Swazi High Court overturned section 16(3) of
the Deeds Registry Act, which prohibited women from registering
property in their own names. On May 28, the Supreme Court upheld the
High Court's ruling that the law was unconstitutional and stated that
parliament needed to enact appropriate legislation within 12 months.
Pending such legislation, the Supreme Court ruled that women should
continue to register property jointly with their husbands.
In traditional marriages, a man may take more than one wife. A man
who marries a woman under civil law may not legally have more than one
wife, although in practice this restriction was sometimes ignored.
Traditional marriages consider children to belong to the father and his
family if the couple divorces. Children born out of wedlock are viewed
as belonging to the mother, unless the father claims the children.
Inheritances are passed to and through male children only. Traditional
authorities still exercise the right to fine women for wearing pants.
The constitution states that ``a woman shall not be compelled to
undergo or uphold any custom to which she is in conscience opposed;''
however, adherents of traditional family practices may treat a woman as
an outcast if she refuses to undergo the mourning rite, and a widow who
does not participate may lose her home and inheritance. When the
husband dies, his widow must remain in strict mourning for one month,
during which time she cannot leave the house, and the husband's family
can move into the homestead and take control of its operations. In some
cases, the mourning period can last for years. During the year the
media reported that widows and children heading households sometimes
became homeless as a result of the custom and were forced to seek
public assistance, a development exacerbated by the country's high rate
of HIV/AIDS. The 2006-07 Demographic and Health Survey found that 6
percent of girls and women between 15 and 49 years of age were widows,
half of whom had been dispossessed of property.
During the 2008 national elections in Nhlangano, election officials
refused to allow widows in mourning to register to vote.

Children.--Under the constitution, children derive citizenship from
the father, unless the birth occurred outside marriage and the father
does not claim the child, in which case the baby acquires the mother's
citizenship. A foreign woman who marries a citizen can become a citizen
by lodging a declaration with the proper authorities. If a Swazi woman
marries a foreign man, however, even if he has become a naturalized
citizen, their children are assumed to carry the father's birth
citizenship. Birth registration is not automatic, and lack of birth
registration can result in denial of public services.
Government efforts to protect children's rights and welfare were
inadequate, due in part to the growing number of orphans and vulnerable
children (OVC), which made up an estimated 10 percent of the
population.
Despite a constitutional mandate that children be provided free
primary education by 2009, the Government had not completely complied.
The Government claimed it could not afford to enact free primary
education immediately; however, after a 2009 lawsuit brought by the Ex-
Miners' Association to obtain free primary education on behalf of the
country's children, the Government began to implement the mandate
gradually. During the year the Government provided tuition, fees, and
books for first and second grade students. The Deputy Prime Minister's
Office received an annual budget allocation to pay school fees for OVCs
in primary and secondary school; however, some schools continued to
complain of delayed payment and expelled OVCs for nonpayment of fees.
Individual schools sometimes needed to raise supplemental money for
building maintenance, including of teachers' housing. Rural families
favored boys over girls if they could not send all their children to
school. Principals and teachers routinely demanded bribes to admit
students.
Child abuse, including rape of children and incest, was a serious
problem, but the crime was rarely reported, the Government seldom
punished perpetrators of abuse, and penalties seldom matched the crime.
Many children became HIV positive as a result of rape. A study released
by the UN Children's Fund in 2008 that focused on girls between the
ages of 13 and 24 found that one out of three girls and young women in
the country suffered some form of sexual abuse as a child, and that one
in four experienced physical violence; approximately three in10 had
survived emotional abuse. Most sexual assaults of girls occurred at
home, and fewer than half of sexual assaults were reported. Children
with disabilities, children out of school, and orphans were at
particular risk. Punishment for child abuse was minimal, and even
perpetrators of abuse that resulted in death were generally fined no
more than 200 emalangeni ($27).
Corporal punishment by teachers and principals is legal and
routinely practiced. School regulations state a teacher can administer
a maximum of four strokes with a stick on the buttocks to a student
younger than 16 years old, and six strokes to students older than 16
years old; however, teachers often exceeded these limits with impunity.
On February 18, a teacher whipped a primary school student for
talking in class. Police did not arrest the teacher.
On April 6, in Ezulwini, a high school teacher whipped five pupils
on their buttocks and hands for failing a Siswati test. The number of
lashes was determined by how poorly they did on the exam; one of the
students received 39 lashes.
On April 17, police arrested the teacher who beat a girl for not
spreading her legs fully during physical education exercises last year.
The teacher was arrested and granted bail, but the Teaching Service
Commission subsequently suspended him from teaching.
In March 2009 the Swazi Observer reported that a nine-year-old
pupil of Kuhlamkeni Primary School died as a result of a severe beating
administered by a teacher. A commission of inquiry was established to
investigate the case; however, no action had been taken against the
teacher by year's end.
The legal age of marriage is 18 years old for both men and women.
However, with parental consent and approval from the minister of
justice, girls can marry at the age of 16. The Government recognizes
two types of marriage: civil marriage and marriage under traditional
law and custom. Traditional marriages can be with girls as young as 14
years old. Critics of the royal family said the king's many wives and
young fiancees, some of whom were 16 years old, set a poor example in a
country with an HIV/AIDS prevalence of 26 percent among persons between
15 and 49 years of age.
In 2009 there were reports of forced marriages involving underage
girls. For example, on January 2, a 16-year-old pupil from
Ekuvinjelweni was taken to a homestead, where she was married by force
under traditional rites.
Minors were reportedly victims of prostitution and trafficking.
Children are victims of commercial sexual exploitation at truck stops,
bars, and brothels.
There were reports that girls, particularly OVCs, worked as
prostitutes. There is no law that specifically prohibits child
prostitution. Penalties for child pornography are six months'
imprisonment and a fine of 100 emalangeni ($13.50). The law sets the
age of sexual consent at 16 years old and prohibits the sexual
exploitation of children less than 16 years of age, which is considered
statutory rape. The penalty for statutory rape is six years'
imprisonment and a fine of 1,000 emalangeni ($135).
During the year the number of street children in Mbabane and
Manzini continued to grow. A large and increasing number of HIV/AIDS
orphans were cared for by relatives or neighbors, or they struggled to
survive in child-headed households. Some lost their property to adult
relatives. Various governmental, international, and religious
organizations, and NGOs provided some assistance to HIV/AIDS orphans.
With more than 10 percent of households headed by children, UNICEF
supported school feeding programs, operated a number of neighborhood
care points, and provided nutritional support to children weakened by
AIDS.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/country/country--3781.html.

Anti-Semitism.--The Jewish community constituted less than 1percent
of the population, and there were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The constitution provides protection
for persons with disabilities, but does not differentiate between
physical and mental disabilities and requires parliament to enact
relevant implementing legislation. The deputy prime minister is
responsible for upholding the law. However, parliament had not passed
laws to prohibit discrimination against persons with disabilities in
employment or to provide access to health care or other state services
by year's end. Persons with disabilities have complained of government
neglect. There are no laws that mandate accessibility for persons with
disabilities to buildings, transportation, or government services,
although government buildings under construction included some
improvements for those with disabilities, including access ramps.
Public transport was not user friendly to disabled persons, and the
Government does not provide any means of alternative accessible
transport.
The Deputy Prime Minister's Office and its Social Welfare section
are responsible for protecting the rights of persons with disabilities.
In 2008 a visually impaired man was appointed as a senator, marking
the first time a person with disabilities served in parliament. In
August the Government purchased computer equipment, which included a
text scanner, Braille printer, control panel unit tower, keyboard, and
speakers to assist the senator to perform his parliamentary duties.
There is one school for the deaf and one special education
alternative school for children with physical or mental disabilities.
Only 25 percent of adults with disabilities were employed, mostly in
the private sector, according to a 2006 study conducted by the Ministry
of Health and Social Welfare. In 2006 the minister for enterprise and
employment found that of 10,600 visually impaired persons in the
country, only three were employed. Despite the former minister's 2006
pledge to introduce a bill compelling employers to create specific jobs
for the visually impaired, no bill had been introduced by year's end.
The hospital for persons with mental disabilities, located in Manzini,
was overcrowded and understaffed.

National/Racial/Ethnic Minorities.--The constitution forbids
discrimination on the grounds of race, color, ethnic origin, tribe, or
birth; however, governmental and societal discrimination was practiced
against non-ethnic Swazis, generally white persons and persons of mixed
race. Although there were no official statistics, an estimated 2
percent of the population was non-ethnic Swazi. Non-ethnic Swazis
experienced difficulty in obtaining official documents, including
passports, and suffered from other forms of governmental and societal
discrimination, such as needing special permits or stamps to buy a car
or house, delays in receiving building permits for houses, and
difficulties in applying for a bank loan.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Societal discrimination
against the LGBT community was prevalent, and LGBT persons generally
concealed their sexual preferences. Colonial-era legislation against
sodomy remains on the books; however, it has not been used to arrest
homosexual persons. Gays and lesbians who were open about their sexual
orientation and relationships faced censure and exclusion from the
chiefdom-based patronage system, which could result in eviction from
one's home. Chiefs, pastors, and members of government criticized
homosexual conduct as neither Swazi nor Christian. Some gay and lesbian
Swazis told the UNAIDS executive director they were often turned away
at HIV testing clinics because of their sexual orientation. Societal
discrimination exists against gays and lesbians; however, there were no
reported legal cases during the year. It is difficult to know the
extent of employment discrimination based on sexual orientation because
victims are not likely to come forward, and most gays and lesbians are
not open about their sexual orientation.

Other Societal Violence or Discrimination.--There was social stigma
associated with being HIV positive, which discouraged persons from
being tested. Nevertheless, there were often long lines of persons,
especially of young persons, waiting to be tested during prevention
campaigns. The armed forces encouraged testing and did not discriminate
against those testing positive.
Examples of discrimination during the year included the case of a
cook at Lavumisa Primary School who, on January 26, was fired after
superiors found she was HIV-positive.
On February 11, an eight-year-old girl was dismissed from class by
her teacher, who alleged she was HIV-positive.
Section 7. Worker Rights

a. The Right of Association.--The constitution and law provide that
workers have the right to form and join associations of their choice,
including trade unions, without previous authorization or excessive
requirements, and workers exercised this right in practice with some
exceptions. Employees in essential services, which included police and
security forces, correctional services, firefighting, health, and many
civil service positions, may not form unions. Unions must represent at
least 50 percent of employees in a work place to be automatically
recognized; otherwise, recognition is left to the discretion of
employers. Approximately 80 percent of the formal private sector was
unionized. The law allows unions to conduct their activities without
government interference.
The law permits strikes; however, logistical requirements to
register a legal strike makes striking difficult in practice. Employees
who are not engaged in essential services are allowed to participate in
peaceful protest action to promote their socioeconomic interests.
The procedure for announcing a protest action requires advance
notice of at least 14 days. The law details the steps to be followed
when disputes arise and provides penalties for employers who conduct
unauthorized lockouts. When disputes arose with civil servant unions,
the Government often intervened to reduce the chances of a protest
action, which may not be called legally until all avenues of
negotiation have been exhausted and a secret ballot of union members
has been conducted. Police restricted protest actions and searched
union headquarters and personal residences of union members for banned
materials.
On September 6, police dispersed a meeting of political and labor
activists, detaining and later releasing members of civil society,
banned political groups, labor unions from Swaziland and South Africa,
and a local journalist. Among those held by police were Secretary
General of the Swaziland Federation of Labor, Vincent Ncongwane;
Swaziland Youth Congress President, Wandile Dludlu; Deputy President of
UDEMO, Sikhumbuzo Phakathi; General Secretary of the Swaziland National
Association of Nurses, Sibusiso Lushaba; head of the SCCCO, Musa
Hlophe; and Open Society Initiative for Southern Africa Country Manager
Muzi Masuku. Police detained five South African trade unionists,
including Congress of South African Trade Unions (COSATU) Deputy
International Relations Secretary Zanele Mathebula, and its Head of
Campaigns, George Mahlangu, and expelled them across the South African
border.

b. The Right to Organize and Bargain Collectively.--The
constitution and law provide for the right to organize and bargain
collectively, and the Government generally respected this right in
practice. However, employer interference with representatives of
workers' councils trying to negotiate rules and conditions of work
contributed to the failure of some trade unions to negotiate or promote
collective bargaining agreements.
The law prohibits antiunion discrimination; however, such
discrimination continued to occur. In the case of unfair dismissal, the
court can order reinstatement and compensation for the employee, as
well as fine the employer. Union leaders made credible charges that
private sector management in various industries dismissed workers for
union activity, but no cases were pursued through the courts. Other
concerns identified by unions were undefined hours of work and pay
days; assaults on workers by supervisors; surveillance by hired
security officers of trade union activity, both at the workplace and
outside; and the use of workers' councils stacked with employer-picked
representatives to prevent genuine worker representation. Allegations
of antiunion discrimination were most common in the mostly foreign-
owned garment sector.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The constitution and
law prohibit forced or compulsory labor; however, there were reports
that such practices occurred. The Swaziland Federation of Trade Unions
characterized the 1998 Administrative Order as a form of forced labor,
noting that it reinforced the tradition of residents performing
uncompensated tasks for chiefs, who could penalize those who did not
participate. Victims of forced labor included women and children forced
into domestic servitude, agricultural labor, and market vending. Also
see the Department of State's annual Trafficking in Persons Report at
www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
constitution and the Employment Act prohibit child labor; however, such
laws were not always enforced, especially outside the formal work
sector, and child labor was a problem. The law prohibits hiring a child
younger than 15 years old in an industrial undertaking, except in cases
where only family members were employed in the firm, or in technical
schools where children worked under supervision. However, children
joined the workforce early to survive or support their families. The
law limits the number of night hours children may work on school days
to six and the overall hours per week to 33.
Employment of children in the formal sector was not common, but
children were found doing unpaid labor and often exposed to harsh
conditions of work. In rural areas, children below the minimum age
frequently worked in the agricultural sector, particularly in the
eastern cotton-growing region, and as domestic laborers and herder
boys. Children reportedly worked in towns as traders, hawkers, porters,
car wash attendants, and bus attendants.
In agriculture children pick cotton, harvest sugarcane, and herd
livestock. This work may involve activities that put at risk their
health and safety, such as using dangerous machinery and tools,
carrying heavy loads, applying harmful pesticides, and working alone in
remote areas.
Child domestic service is also believed to be prevalent. Such work
can involve long hours of work and may expose children to physical and
sexual exploitation by their employer.
Children also work as porters, bus attendants, taxi conductors, and
street vendors. Children working on the streets risk a variety of
dangers, such as severe weather and automobile accidents; they also may
be vulnerable to exploitation by criminals. Other children are reported
to work 14-hour days in textile factories.
Children's exploitation in illicit activities is a problem.
Children serve alcohol in liquor outlets and grow, manufacture, and
sell drugs. Also see the Department of State's annual Trafficking in
Persons Report at www.state.gov/g/tip.
The Ministry of Labor and Social Security was responsible for
enforcement, but no officials were specifically designated to deal with
child labor, and the ministry's effectiveness was limited. The Ministry
of Enterprise and Employment, the Department of Social Welfare under
the Deputy Prime Minister's Office, and the police services are the
federal agencies designated to enforce child labor laws. The Government
supports programs to promote access to schooling. Free primary
schooling is offered in grades one and two. Through the Office of the
Deputy Prime Minister, the Government pays school fees for orphans and
vulnerable children to provide additional social support and keep these
children from engaging in child labor.

e. Acceptable Conditions of Work.--The Ministry of Labor and Social
Security sets wage scales for each industry. There was a legally
mandated sliding scale of minimum wages depending on the type of work
performed. The minimum monthly wage for a domestic worker was
approximately 300 emalangeni ($40), for an unskilled worker 420
emalangeni ($57), and for a skilled worker 600 emalangeni ($81). In
July the Government agreed to a 4.5 percent civil service pay increase
across the board, which was backdated to April. These minimum wages did
not provide a decent standard of living for a worker and family.
Migrant workers were not covered under minimum wage laws. Wage arrears,
particularly in the garment industry, were a problem. The minimum wage
laws did not apply to the informal sector, where most workers were
employed.
There was a standard 48-hour workweek for most workers and a 72-
hour workweek for security guards; however, public transport workers
complained that they were required to work 12 hours a day or more
without any overtime compensation. It was not clear whether there were
specific exceptions for female workers. Although policies exist
regarding maternity leave, women often believe they are compelled to
keep working from economic need, which sometimes resulted in giving
birth in unsafe environments, for example, on the way to work. The law
permits all workers at least one day of rest per week and provides for
premium pay for overtime. Most workers received a minimum of 12 days of
annual leave. Workers receive 14 days of sick leave with full pay and
14 days with half pay after three months of continuous service; these
provisions apply only once per calendar year. No sick leave is granted
if an injury results from an employee's own negligence or misconduct.
These standards do not apply to foreign and migrant workers. The labor
commissioner conducted inspections in the formal sector, and the
ministry filed suits for labor violations against three companies by
year's end.
The constitution calls on parliament to enact new laws to protect a
worker's right to satisfactory, safe, and healthy employment
conditions; however, parliament had not enacted any such laws by year's
end. The law provides for some protection of workers' health and
safety. The Government set safety standards for industrial operations
and encouraged private companies to develop accident prevention
programs; however, the Labor Commissioner's Office conducted few safety
inspections because of staffing shortages and an alleged desire not to
``scare off foreign investors.'' Workers have no legal right to remove
themselves from dangerous workplaces without jeopardizing their
continued employment, and collective bargaining agreements do not
address the matter.
There were extensive provisions allowing workers to seek redress
for alleged wrongful dismissal, and these provisions frequently were
invoked during the year.

__________

TANZANIA

The United Republic of Tanzania, with a population of 41 million,
is a multiparty republic consisting of the mainland and the
semiautonomous Zanzibar archipelago, whose main islands are Unguja and
Pemba. The union is headed by a president who is also the head of
government; its unicameral legislative body is the National Assembly
(parliament). Zanzibar, although part of the union government, has its
own president, court system, and legislature, and exercises
considerable autonomy. Tanzania held its fourth multiparty general
elections on October 31, in which voters on both Tanzania mainland and
Zanzibar elected a union president and their respective representatives
in the union legislature. President Kikwete, the incumbent Chama cha
Mapinduzi (CCM) candidate, was reelected union president with 61.7
percent of the vote. The national elections were generally peaceful,
but there were several protests in urban areas associated with the slow
pace of reporting election results.
In Zanzibar the October elections proceeded peacefully after a
power-sharing agreement was reached between the ruling CCM party and
the opposition Civic United Front (CUF). In a July 31 referendum,
Zanzibaris voted to amend the constitution to allow for a unity
government. In October the Zanzibar electorate elected Ali Mohamed
Shein, the immediate past union vice president, as president of
Zanzibar with 50.1 percent of the vote and also elected members of its
House of Representatives.
Union security forces reported to civilian authorities, but there
were instances in which elements of the security forces acted
independently of civilian control. In Zanzibar, however, authorities
maintain ``special units'' that operated independently from union
security forces and have been used for political coercion. Command and
control of these units are opaque but influenced by the ruling party in
Zanzibar. Since the October 31 elections that produced a government of
national unity, the Government of Zanzibar was reviewing the role of
these ``special units.''
Principal human rights problems in both Tanzania and Zanzibar
included the following: use of excessive force by military personnel,
police, and prison guards, as well as societal violence, which resulted
in deaths and injuries; abuses by Sungusungo traditional citizens'
anticrime units; harsh and life-threatening prison conditions; lengthy
pretrial detention; judicial corruption and inefficiency, particularly
in the lower courts; restrictions on freedoms of press and assembly;
restrictions on the movement of refugees; official corruption and
impunity; societal violence against women and persons with albinism;
child abuse, including female genital mutilation (FGM); and
discrimination based on sexual orientation. Trafficking in persons and
child labor remained problems.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--Neither the
Government nor its agents committed any politically motivated killings;
however, on occasion security forces killed civilians during the year.
In late January regional police arrested several policemen and
civilians for taking part in an armed robbery on Izinga Island in
Ukerewe District, Mwanza Region, which resulted in 14 deaths and
serious injuries to 17 others. No further information was available at
year's end.
On January 27, two Tanzania People's Defense Forces (TPDF)
soldiers, Corporal Ally Ngumbe and Sergeant Roda Robert, were arraigned
in a Dar es Salaam court for killing Swetu Fundikira after an argument
involving a defective vehicle. No further information was available at
year's end.
In March Musa Juma died in police custody. Relatives of the
deceased said the body had bullet-like wounds on the lower legs and
lacerations on the genitals and back. The special zone commander said
the police would conduct an investigation. No further information was
available at year's end.
In April the Legal and Human Rights Center (LHRC) reported that
Arusha police questioned three police officers and employees of the
Tanzania National Parks Authority for killing Ndekirwa Palangyo and
injuring two others, whom they suspected of poaching in the Mkwasenga
village of King'ori, Arusha Region. No further information was
available at year's end.
In June the Shinyanga regional police detained Corporal Gidman
Kanyinuzi of the Negezi police post in Kishapu District for killing a
man he mistook for an armed robber. No further information was
available at year's end.
In August the Tanga resident magistrate charged two TPDF soldiers,
Sergeant Masanja Matale and Corporal Yahya Omari, with the assault and
murder of Hilal Ali and Mzonge Abdallah, who were suspected of fishing
illegally with dynamite. An investigation continued at year's end.
There were no further developments in the 2009 death of Rashidi
Tuga, allegedly tortured and killed by the police.
Despite efforts by the Government and nongovernmental organizations
(NGOs) to reduce mob violence through educational outreach and
community policing, a number of deaths resulted from mobs stoning,
beating, hacking with machetes, and burning suspected criminals.
On July 15, according to Lindi Regional Police Commander Sifuel
Shirima, residents of Ntene, Lindi Region, killed Siajabu Pius Bernard
for stealing maize from a neighbor. No further information was
available at year's end.
On August 24, a mob killed Kastoli Mkamula, a youth, because they
suspected he broke into a house at Lipangalala village in Morogoro
Region. No further information was available at year's end.
There were no further developments in the following 2009 mob
killings: the January death of Musa Juma in Arusha Region, and the
April beating death of Robhi Getaraswa in Tarime.
Alleged witches were killed by persons claiming to be victims of
witchcraft, relatives of victims, or mobs. Prosecutions were often
impeded by the reluctance of witnesses to testify.
Alipipi Makatole, a local government councilor in Buriaga ward,
Tukuyu District, estimated that between January and April, unidentified
persons killed six children due to a belief that raping and killing
children under age five would bring wealth to the perpetrators. Local
authorities and religious leaders held a meeting with residents to
condemn the killings and educate the public about witchcraft.
On April 18, residents of Mafulala village, Rukwa Region, burned
and killed Maria Jorah Salamba for allegedly using witchcraft to kill
several children in the village.
There were no further developments in the following 2009 killings
of persons allegedly using witchcraft: the March killings of a 70-year-
old man and the beating of nine others in Sumbawanga District and the
killing of 60 elderly individuals in Mwanza for suspected witchcraft.
Violence continued against persons with albinism in the belief that
their body parts could create power and wealth. Frequently the victims
were children, whose bodies were found with limbs severed (see section
6, Children). During the year this practice spread from the Lake Zone,
where the attacks were concentrated, to other regions, although police
efforts resulted in fewer such attacks than in previous years. Two
children with albinism were killed and four injured during the year.
There have been approximately 57 killings of persons with albinism
since 2007.
By year's end the courts had sentenced a total of 10 persons to
death for the killings of persons with albinism.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices.
Soldiers, police officers, and prison guards abused, threatened, and
otherwise mistreated civilians, suspected criminals, and prisoners on
several occasions during the year. The abuse most commonly involved
beatings.
Local government officials and courts occasionally used caning as a
punishment for both juvenile and adult offenders. Caning was also used
in schools to punish students.
On March 30, the Kisutu Magistrate's Court in Dar es Salaam
sentenced Justin Kasusura to 30 years in prison and 12 strokes of the
cane for armed robbery and theft.
On April 10, two men attacked Said Abdallah and severed his left
arm in Merela village, Morogoro Region. Police arrested four persons in
connection with the incident and placed them in remand prison. At
year's end a police investigation continued.
On July 9, a magistrate at the Ilala District Court sentenced a 17-
year-old boy to six strokes of the cane for sodomizing a 15-year-old
boy.
On August 18, a magistrate in Mwanza sentenced a Kenyan man, Nathan
Mutei, to 17 years in prison for trafficking Robinson Mkwama, a Kenyan
man with albinism, into Tanzania with the intention of selling him.
In February 2009 a district commissioner in Bukoba ordered police
to cane 19 school teachers for tardiness and the poor performance of
the students on the national exams. Seven female and 12 male teachers
were caned in front of a group of students. On February 14, President
Kikwete dismissed the district commissioner. The teachers filed a civil
suit against the district commissioner for 300 million Tanzanian
shillings (TZS) ($203,000). The case continued at year's end.
During the year mobs turned on police, whom they accused of failing
to administer justice effectively. The LHRC reported that between
January 2009 and June 2010, angry mobs attacked eight police stations.
Police began an awareness campaign during the year to inform citizens
about the legal rights of suspects.
On January 8, approximately 500 residents of Ilangasika village,
Geita Region, burned the village office as well as the homes of the
village chairman and his deputy, who prevented a mob from hanging a
suspected thief. Antiriot police intervened and prevented the mob from
destroying additional property. No further information was available at
year's end.
On May 31, approximately 300 villagers invaded the Hedaru Police
Station in Same District, Kilimanjaro Region, to punish eight persons
suspected of kidnapping a child for ritual sacrifice. The villagers set
the police post on fire and destroyed files, equipment, and three
vehicles parked nearby. Police protected the suspects from the mob. The
suspects were released when the child was found. However, five persons
were arrested for setting the police station on fire. The case was
pending at year's end.
During the year police and the TPDF took unspecified disciplinary
action against the soldiers involved in the May 2009 assault of a
traffic officer at a crossroad in Dar es Salaam.
Police arrested 10 TPDF soldiers and three civilians in connection
with the September 2009 assault on patrons at a bar in Lindi Region who
refused to change the radio station.
During the year Feminist Activist Coalition (FEMACT), an umbrella
organization of NGOs working on women's issues, concluded that local
security forces had conducted ``ruthless eviction operations'' in
forcibly evicting farmers and burning their homes and crops in August
2009, in the Loliondo Game Controlled Area. The Commission on Human
Rights and Good Governance (CHRAGG) found that eviction was conducted
using reasonable force. The Office of the Prime Minister and parliament
conducted investigations into this incident, but their findings were
not released to the public during the year (see section 6 Indigenous
People).
For police in basic training, classes on respecting human rights
and antitrafficking activities continued during the year as part of the
inspector general's commitment to professionalize the police force and
reduce corruption. Soldiers in the TPDF were also given training on
human rights.

Prison and Detention Center Conditions.--Despite improvements,
prison conditions remained harsh and life threatening. Inadequate food,
overcrowding, poor sanitation, and inadequate medical care were
pervasive. In contrast to the previous year, there were no reports of
torture by prison guards during the year.
During July-September visits by CHRAGG to 67 prisons, inmates
indicated that the quality of food, size of cells, availability and
quality of inmate uniforms, and distribution of mosquito nets had
improved since 2009. Murder suspects spent less time in remand due to
the expansion in the judiciary. Despite these improvements, sanitation
and overcrowding were problems that encouraged the spread of disease.
Prison staff complained of water shortages and a lack of electricity as
well as inadequate medical supplies. Limited transportation also
affected the ability of prison staff to take prisoners to health
clinics and hospitals. Foreign prisoners complained it was difficult
for embassy officials to visit them and that they waited long periods
before being transferred to their home countries.
Inmates in Ruvuma Region went without food at least three times a
week. In its semiannual report, the LHRC alleged that the prison
department spent approximately TZS 650 ($ 0.44) a day for food for
individual inmates instead of the mandated TZS 2,420 ($1.64).
In May the Tanganyika Law Society (TLS) published the findings of
an inspection of 24 prisons it conducted in 2009. The report alleged
prisoners were subject to abuse and torture while in detention and
detailed overcrowding in prisons in Dar es Salaam, Tabora, Arusha,
Mara, Mwanza and Tanga Regions. In the Segerea Prison in Dar es Salaam,
there were 170 inmates in cells designed for 50, and at the Ilagala
Prison in Kigoma, inmates had to walk more than four miles to fetch
water when the prison transportation system broke down. The report
described the prison system's failure to provide basic sanitary items
or adequate food to the prisoners. The Ministry of Home Affairs denied
the allegations of torture and abuse but said it had taken note of the
other issues identified in the report and would try to address them.
According to the LHRC, there was one reported death in prisons due
to HIV/AIDS during the year.
In 2009 the LHRC visited 24 prisons on the mainland and reported
that overcrowding remained a serious problem. At one facility LHRC
representatives reported that 150 inmates were living in a cell
designed for 30. The Tanzanian Red Cross (TRC), which visited prisons
in 2009, stated that some prisoners had to sleep on the floor.
According to the TLS, some inmates were forced to worship in
denominations chosen for them by prison wardens. Seventh Day Adventists
complained they had to work on Saturday. Generally, however, prisoners
and detainees had reasonable access to visitors and were allowed to
worship freely.
In 2009 one NGO reported that water was often scarce in the
prisons, leading to poor hygiene. Combined with overcrowding, these
conditions contributed to the spread of disease. The most common
diseases were malaria, tuberculosis, HIV/AIDS, and other diseases
related to poor sanitation. In one women's prison, the LHRC reported
there were no mosquito nets or screens to prevent malaria. Prison
dispensaries offered only limited treatment, and friends and family
members of prisoners generally had to provide medications or the funds
to purchase them.
The union Ministry of Home Affairs Public Complaints Department and
a Prison Services Public Relations Unit responded to public complaints
and inquiries sent to them directly or through the media about the
prison conditions.
On the mainland prisoners were permitted to submit complaints to
judicial authorities as well, but it was alleged that the letters were
censored. Prisoners were also able to submit complaints to CHRAGG
during its prison visits.
On the mainland the law allows judges and magistrates to grant
parole or impose alternative sentences such as community service as a
means of reducing overcrowding; however, these options were rarely
used. Only 3,057 prisoners on the mainland had been granted parole
since the parole law was enacted in 1999. According to the LHRC, the
law authorizes early release for good behavior but has burdensome
evidentiary requirements.
During the year the prisons held approximately 38,477 prisoners, of
whom 18,948 were convicted (49 percent) and the others were pretrial
detainees (51 percent). An estimated 1,275 convicted prisoners and
pretrial detainees were women. While a precise figure was not available
for juveniles in detention on the mainland, officials estimated the
juvenile population was similar to that of female prisoners, a small
fraction of the total prison population. There were an estimated 700
juveniles in remand homes.
According to CHRAGG, pretrial detainees were held between three and
four years. Pretrial detainees were not always separated from prisoners
on the mainland. However, this separation occurred with greater
regularity in mainland prisons during the year.
In 2009 on both Zanzibar and the mainland, it was reported that
prison officers sexually abused individuals in detention. There were
reports that in Segerea Prison male staff members made sexual advances
to female inmates. According to the TLS, some inmates complained of
being sexually harassed by fellow inmates.
In Zanzibar, the Zanzibar minister of state for regional
administration and special units, Suleiman Othman Nyanga, told members
of the House of Representatives on June 16 that the Government would
investigate allegations that prison officers were sexually abusing
inmates.
In Zanzibar juveniles were held with adults and remand prisoners
were held with convicted prisoners. There were 17 juveniles in jail in
Zanzibar.
On the mainland authorities often moved prisoners to different
prisons without notifying their families.
Representatives from the International Committee of the Red Cross
(ICRC) and CHRAGG visited prisons during the year. The Office of the UN
High Commissioner for Refugees (UNHCR) visited prisons holding refugees
to determine their immigration status and provide help to those wrongly
arrested and sentenced for illegal immigration.
Despite improvement in the length of pretrial detention, it
remained a problem, often because the lack of an efficient case
management system led to lost files and case delays. Efforts to ensure
that detainees did not serve longer than the maximum sentence for the
charged offense were often hampered in rural areas because officials
lacked transport to take detainees on their court date.

d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions.

Role of the Police and Security Apparatus.--Under the union
Ministry of Home Affairs, the mainland police force has the primary
responsibility for maintaining law and order. The field force unit, a
special division in the national police force, has responsibility for
controlling unlawful demonstrations and riots. Mainland Sungusungu
citizens' patrols, which are traditional neighborhood and village
anticrime groups, also worked with local government leaders to support
the police force in refugee camps and other areas. The police force
remained underfunded and largely inefficient. Police use of excessive
force, police corruption, and impunity were problems. There continued
to be newspaper articles, civil complaints, and reports of police
corruption from the Prevention and Control of Corruption Bureau (PCCB)
and Ministry of Home Affairs.
The Ministry of Defense is responsible for external security on the
mainland and Zanzibar and has some limited domestic security
responsibilities.
In March CHRAGG released the results of a survey conducted in 2009
in seven mainland Districts in Mwanza, Mbeya, and Dar es Salaam to
determine the extent of brutality committed by law enforcement
officers. According to the report, 97 percent of the 1,045 respondents
indicated that law enforcers committed acts of brutality, including
killing and beating. Respondents identified police as the worst
offenders, followed by paramilitary groups and Sungusungu.
Mainland police sometimes acted as prosecutors in lower courts,
which allowed police to manipulate evidence in criminal cases (see
section 1.e.).
There were continuing efforts to improve the performance of police.
During the year police continued to hold educational seminars for
officers to combat corruption and took disciplinary action against
police officers implicated in wrongdoing. More than 350 mainland police
officers were dismissed for unethical behavior and an additional five
were demoted.
The mainland community policing initiative launched in 2009 to
mediate local disputes and reduce police corruption continued during
the year. The community police received standardized training, and
police conducted awareness campaigns for citizens on how to assist
community policing units.
In July police officers met with NGO representatives and political
and religious leaders on the mainland to ask for their help in
educating citizens about the role of police and citizen
responsibilities. During the year police also aired a television
program called ``Our Peace'' on the rights and obligations of the
public in promoting a stable society.
During the year the mainland police continued to hold training
seminars on human rights, antitrafficking in persons, expediting
investigations, finalizing criminal cases, and treatment of opposition
political party members. Police sometimes collaborated with
international experts for training.
The Government arrested and detained journalists, and in one
incident, arrested NGO activists during the year (see sections 2.a. and
5).
The law grants legal status to the mainland Sungusungu village
anticrime groups. Local governments appointed its members from
communities with citizen participation. They have the authority to
arrest suspects and carry wooden clubs but no firearms. Family units of
a neighborhood in which Sungusungu operated either contributed money
for patrols or provided a volunteer to participate in patrols. In
refugee camps, Sungusungu groups composed of refugees acted as security
forces supplementing contingents of police.
During the year there were reports of Sungusungu units using
excessive force, particularly in the Mwanza, Shinyanga, Tabora, and
Mara Regions. For example, on April 26, the Tanzania Teachers' Union in
Shinyanga Region announced it was suing the Government over an incident
in which a Sungusungu unit caned four teachers in public for being late
to a parent-teacher meeting. The teachers dropped their suit after
being compensated TZS 100,000 ($68) and relocated to other districts.
In advance of the October 31 union and Zanzibar presidential and
legislative elections, the ICRC and TRC trained police officials on six
regions of the mainland, Pemba, and Zanzibar on their role in
controlling election related violence, the work of the TRC, and human
rights. Additionally, the Zanzibar Legal Services Center held human
rights training for Zanzibar's ``special units'' and provided them with
a manual on international standards of conduct.
In March CHRAGG published a survey in which members of the public
accused Sungusungu units of taking bribes, fabricating cases against
citizens, beating, and in certain instances killing suspects.
In 2009 five cases against Sungusungu units were investigated, of
which four were brought to court. Three cases continued at year's end,
while the court ordered the Sungusungu involved in the fourth case to
pay a fine of TZS 30,000 ($20) to the victim.
On Zanzibar, the Zanzibar Director of Public Prosecution (DPP)
replaced police prosecutors with civilian prosecutors in all but four
districts of the isles. This initiative, together with efforts to
increase the use of mediation and ensure thorough investigations before
suspects entered remand, decreased the overall case backlog
significantly and eliminated it in some courts.
In February the Zanzibar House of Representatives passed the DPP
Office Act, which establishes a code of conduct, significantly
improving accountability and transparency.
In Zanzibar, ``special units'' are deployed at the district level
for activities that would fall under police jurisdiction on the
mainland. Recruitment, training, and command and control of the
``special units'' are opaque and influenced by the ruling party in
Zanzibar. There are five different ``special units'' which reported to
the Zanzibar minister of regional administration before the formation
of the Government of national unity. These units, including the fire
brigade and prison guards, were often activated during political
activities, such as voter registration or voting itself. Following the
October 31 elections that produced a government of national unity, the
Government of Zanzibar began a review of the role of Zanzibar's
``special units'' that continued at year's end.
During voter registration from June 2009 to May, there were several
instances in which Zanzibari ``special units'' were involved in
disturbances. In August 2009 the Zanzibar government militia reportedly
fired bullets into the air to disperse crowds of CUF supporters
gathered at registration facilities on Pemba to protest the
registration process. According to CUF, amidst escalating violence
throughout the month of August, soldiers arrested and beat several
party supporters. There were no further incidents during the year.

Arrest Procedures and Treatment While in Detention.--On the
mainland the law requires that persons be apprehended openly with
warrants based on sufficient evidence, and authorities generally
complied with the law. The law also requires that a person arrested for
a crime, other than a national security detainee, be charged before a
magistrate within 24 hours of arrest; however, at times the police
failed to comply with this requirement. The law gives accused persons
the right to contact a lawyer or talk with family members, but at times
they were denied this right. Prompt access to counsel was often limited
by the lack of lawyers in rural areas, lack of communication systems
and infrastructure, and illiteracy and poverty of the accused.
Authorities promptly informed detainees of the charges against them.
The Government provided legal representation for some indigent
defendants and for all suspects charged with murder or treason. The law
does not allow bail for cases involving murder, treason, drugs, armed
robberies, or violent offenders posing a public safety risk. When bail
is granted in some cases, strict conditions on freedom of movement and
association are imposed. In the primary and district courts, bribes
sometimes determined whether or not bail was granted.
By law the president may order the arrest and indefinite detention
without bail of any person considered dangerous to the public order or
national security. The Government must release such detainees within 15
days or inform them of the reason for their continued detention; it
also allows a detainee to challenge the grounds for detention at 90-day
intervals. The mainland government has additional broad detention
powers under the law, which permits regional and district commissioners
to arrest and detain for 48 hours anyone who may ``disturb public
tranquility.'' This act was not invoked during the year.
CHRAGG estimated that more than 51 percent of the prison population
consisted of pretrial detainees. Detainees charged with criminal
matters generally waited three years for trial due to the time required
to complete police investigations, a lack of judges to hear cases, and
an inadequate judicial budget.
Prisoners continued to protest the length of time it took to hear
their cases. For example, on January 26, pretrial detainees from a
prison in Meatu District, Shinyanga Region, went on a hunger strike to
protest a lengthy stay in prison without trial. Some of these detainees
had been in remand prison for seven years and others had been detained
without bail.
On August 23, three suspects accused of armed robbery and murder
stripped naked in a court in Mvomero District, Morogoro Region, to
protest the delay in their court case. They had been in pretrial
detention since 2007.
On April 26, President Kikwete ordered the release of 3,101
prisoners to ease overcrowding. This group included ill or elderly
inmates who had served more than one-fourth of their sentence, pregnant
women, or those with infants.
On December 9, President Kikwete pardoned more than 3,563 prisoners
on the occasion of Tanzania's Independence Day.
On January 12, President Karume pardoned 39 prisoners in Zanzibar
on Revolutionary Day.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary; however, the judiciary remained underfunded,
corrupt (see section 4), inefficient, especially in the lower courts,
and subject to executive influence. Court clerks took bribes to decide
whether or not to open cases and to hide or misdirect the files of
those accused of crimes. According to news reports, magistrates of
lower courts occasionally accepted bribes to determine guilt or
innocence, pass sentences, or decide appeals of cases coming from the
primary courts to district courts.
In December 2009 the Tanzania Women Judges Association (TAWJA)
together with the International Association of Women Judges, a
nonprofit organization focused on improving access to justice and
advancing human rights, held a conference in Dar es Salaam to discuss
ethics among judges, the police, and prosecutors. A TAWJA official
stated that some judges and many court officials continued to violate
work ethics and that corruption remained a problem.
In Zanzibar there were four high court judges. During the year the
Zanzibar government eased the backlog of cases by appointing high court
judges to hear cases in the labor court. In 2009 the Zanzibar
government hired three new magistrates for the land tribunal.
Previously the land tribunal only had one magistrate.

Trial Procedures.--With some exceptions, criminal trials were open
to the public and the press. Courts that hold secret proceedings--such
as in drug trafficking cases and sexual offenses involving juveniles--
generally were required to provide reasons for closing the proceedings.
In cases involving terrorism, the law provides that everyone except the
interested parties may be excluded and that witnesses may be heard
under special arrangements for their protection. The law prohibits
lawyers from appearing or defending clients in primary-level courts,
whose presiding officers are magistrates without degrees.
Juries are not used. The law provides for the presumption of
innocence. Defendants or their lawyers have access to evidence held by
the Government, the right to question witnesses, and the right to
present evidence on the defendant's behalf. All defendants charged with
civil or criminal matters, except parties appearing before kadhi courts
(which apply Muslim law on civil matters involving the family,
including registration of marriages, adjudication over inheritance,
divorce, child custody cases, etc.) on Zanzibar and cases examining the
constitutionality of Zanzibar laws, could appeal decisions to the
respective mainland and Zanzibar high courts, respectively. Defendants
in Zanzibar can appeal decisions to the union Court of Appeal. On the
mainland the law provides a right to free counsel for defendants
accused of murder and treason, as well as for indigent defendants in
other serious cases. There are no public defenders in Zanzibar. Most
indigent defendants charged with lesser crimes did not have legal
counsel. On both Zanzibar and the mainland, most defendants could not
afford legal representation.
On the mainland and in Zanzibar, in some cases police acted as
prosecutors in lower courts, but this practice was being phased out.
The mainland Ministry of Justice began hiring and training state
prosecutors to handle the entire mainland caseload. Judicial experts
had criticized the practice of police acting as prosecutors because it
allowed police to manipulate evidence in criminal cases. The mainland
government was able to phase out police prosecutors in the regions of
Tabora, Mwanza, Moshi, and Shinyanga. However, financial constraints
and staffing issues slowed the process. In Zanzibar, police prosecutors
have been phased out in all but four districts. The Government took
steps to speed up the judicial process by opening offices of the DPP in
the regions of Lindi and Mara. In 2009 the mainland DPP's office
reviewed cases to identify those that could be dismissed due to weak
evidence or resolved through plea bargains. Further, it developed a
general instruction manual for prosecutors and collaborated with police
on a similar resource for investigators to assist them in processing
cases.
There were approximately 1,300 registered lawyers in the country,
80 percent of whom practiced in Dar es Salaam, Arusha, and Mwanza.
According to the Zanzibar Legal Services Center, there were only 43
registered lawyers residing and working in Zanzibar, primarily
concentrated in and around the city center, and only one resident
lawyer on Pemba. Most defendants in urban areas who could not afford to
hire a legal representative or lawyer represented themselves in court,
but women and the economically needy were provided with free legal
assistance by the Government and some NGOs, such as the Tanzania Women
Lawyers Association and the National Organization for Legal Assistance.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. Civil proceedings are
administered in the high court or at the magistrate or district level.
Persons may bring lawsuits seeking damages or the cessation of human
rights violations; however, civil judicial procedures often were slow,
inefficient, and corrupt.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law generally prohibits such actions without a
search warrant; however, the Government did not consistently respect
these prohibitions. While only courts can issue search warrants, the
law also authorizes searches of persons and premises without a warrant
if necessary to prevent the loss or destruction of evidence, or if
circumstances are serious and urgent.
CHRAGG received between 100 and 200 complaints regarding civil
liberties and between five and 20 human rights complaints each month.
As of June 30, CHRAGG received 772 complaints of which 706 were related
to good governance and 66 to human rights.
The law relating to terrorism permits high-ranking police officers
to conduct searches without a warrant in certain urgent cases; there
were no reports that this provision of the act has ever been invoked.
It was widely believed that security forces monitored telephones
and correspondence of some citizens and foreign residents. The actual
nature and extent of this practice were not known.
The LHRC reported several continuing disputes between residents and
the Government concerning land seizures. The 2001 case of 135 villagers
who claimed they had been illegally evicted from their land by
government officials in the Nyamuma villages of Serengeti District in
Mara Region continued. In 2009 the LHRC filed an application with the
High Court seeking a court order to compel the Government to compensate
or resettle the villagers. During the year the Court of Appeal ordered
the High Court to enforce the judgment but at year's end no date had
been set by the court for the enforcement order.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech but does not explicitly provide for freedom of the
press.
The law provides for arrest, prosecution, and punishment for the
use of ``seditious,'' abusive, or derogatory language to describe the
country's leadership publicly. The law allows police to raid and seize
materials from newspaper offices without a warrant if there is cause
and allows the minister of information to close media outlets for
reasons of undefined ``public interest'' or ``the interest of peace and
good order.'' However, the independent media on the mainland were
active and generally expressed a wide variety of views.
Individuals could criticize the Government both publicly and
privately without reprisal, although some Tanzanians expressed
concerned about doing so in public.
On the mainland there were an estimated 15 daily newspapers. Of
these, two were owned by the Government, a third, Uhuru, by the ruling
CCM party, and a fourth by the chairman of the opposition party,
Chadema. The remaining newspapers were independent although some were
owned by close associates of ruling party members. Registering
newspapers remained difficult and was at the discretion of the
registrar of newspapers at the Ministry of Information on both the
mainland and Zanzibar.
Authorities arbitrarily arrested journalists during the year.
In February the Arusha regional police questioned journalists Mussa
Juma, Eliya Mbonea, and Amiri Ibrahimu for six hours and detained them
for three days allegedly because of their efforts to report on a land
dispute in the villages of Basutu and Mulbadaw. Mussa Juma said the
police confiscated their equipment after releasing them from custody.
On May 11, the LHRC reported that police in Ngara District, Kagera
Region, arrested journalist Cosmas Makongo for reporting on a meeting
between district officials and villagers on illegal immigration.
Makongo and other journalists claimed district officials tried to bribe
them to prevent them from filing their stories. When the journalists
refused the bribes, local authorities harassed them.
Journalists were threatened and assaulted during the year.
On February 4, an unidentified person threatened to beat journalist
Heri Shaaban from the Business Times for trying to take a picture of a
TPDF soldier who was being charged with assault with a deadly weapon at
the Ilala District Court in Dar es Salaam.
On September 3, an official with the Ministry of Information
reported that a mob beat a Tanzania Broadcasting Commission (TBC1)
journalist after TBC1 stopped broadcasting a speech by a Chadema
candidate.
On September 24 and again on October 11, the Ministry of
Information warned the editor of the Mwananchi newspaper of possible
legal action if the paper continued to publish articles critical of the
Government. However, no action was taken against the newspaper and it
continued to publish articles critical of the Government.
The chairman of the Tanzania Editor's Forum, Absalom Kibanda, said
that during the year reporters were harassed on three occasions,
including the October 26 beating by ruling party supporters of Fred
Katulanda, a reporter with the Mwananchi newspapers in Geita Region.
The December 2009 case in which five assailants attacked a
journalist from Mwananchi Communications in his home in Mwanza was
pending at year's end. The suspects had demanded the journalist
surrender documents he had received in connection with an investigation
into funds allegedly stolen from a government bank account.
During the year the Government banned one newspaper and
deregistered another. On January 8, Minister for Information, Culture,
and Sports George Mkuchika banned the Kulikoni newspaper for 90 days
for violating the National Security Act by publishing a story on army
recruits who were cheating on exams. He also deregistered the Leo Tena,
a tabloid magazine, for publishing pornographic pictures.
On September 2, police in the Kahama District of the Shinyanga
Region impounded copies of a book entitled Education Corruptors, in
which the author accused prominent government ministers of lying about
their educational background. No one was arrested in connection with
the incident.
The mainland government allowed political opponents unrestricted
access to the media; however, the opposition did not receive equal
coverage.
On September 19, the Tanzania Editor's Forum published an article
condemning the harassment of journalists covering election campaigns by
political party members, warning such parties that newspapers would not
report their campaigns if the practice continued.
Authorities impeded journalists from working during the year.
In April authorities in Ngorongoro District of the Arusha Region
tried to stop four journalists--Mwanaidi Mkwizu, Abu Mkongo, Mashaka
Mgeta and Juma Musa--from reporting the story of a group of women
protesting their 2009 eviction from a game reserve in Loliondo. The
four reporters were reprimanded by the district commissioner for not
obtaining permission to interview the women. Although permission was
granted later, the women would not provide the reporters with any
information because they had been warned not to talk to them.
On August 25, CCM officials allegedly chased a Mwananchi reporter
away from the State Lodge in Mwanza Region when he tried to join the
president's entourage for a campaign rally in the districts. Ray
Naluyaga, bureau chief for the Mwananchi and Citizen newspapers, said
his reporters had been prevented from covering the presidential rallies
in the Kagera and Mwanza Regions after the Mwananchi ran a story
alleging that the president was struggling to heal divisions within the
ruling party.
On August 28, at the start of Chadema's national election campaign,
a senior party member publicly accused the president and senior
government officials of involvement in an ongoing grand corruption
case. The Government-owned TBC1 cut off live transmission of the
program. Some persons at the rally assaulted the TBC1 reporter covering
the event. On August 31, Chief Justice Augustino Ramadhani warned
opposition parties not to use political platforms to discuss pending
cases and told reporters that the judiciary would not hesitate to take
action against candidates who continued to do so.
During the year Mwana Halisi newspaper sued the Government over
provisions in the Newspaper Act that give the president and minister of
information powers to prohibit the publication of material that
jeopardizes national security. Mwana Halisi claimed this provision
limits freedom of speech. The case remained pending at year's end.
Mwana Halisi was suspended for 90 days in 2008 for reporting that a
group within the CCM was planning to stop the president from competing
in the 2010 elections.
Many radio stations and all but one television station were
privately owned. There were government restrictions on broadcasting in
tribal languages. The Government operated newspaper, radio, and
television outlets, as did private corporations.
In Zanzibar, the only daily newspaper was owned by the Zanzibari
government. However, there were four periodic newspapers of which three
were privately owned. In July the Al-Risaalah, a weekly religious
newspaper, was reestablished.
Although the Government refused to register the Nipe Habari
newspaper in 2009, it was registered and allowed to operate on the
mainland during the year.
National newspapers were sold in Zanzibar without restriction. The
Zanzibar government controlled all content of radio and television
broadcasts, whether privately or publicly owned. Even for mainland
broadcast state television, there was a delay in the feed, allowing
Zanzibari censors to intervene. However, the radio stations operated
relatively independently, often reading the content of national
dailies, including articles critical of the Zanzibar government.
Although the media were primarily government-controlled in
Zanzibar, the political opposition has enjoyed increased access since
the reconciliation process between the two political parties began in
November 2009. However, observers noted that in spite of improved
coverage of opposition rallies, the CCM continued to get more coverage.
During the run up to the July 31 referendum in Zanzibar, there was
unprecedented media coverage of the issue of a unity government, with
open dialogue about its implications.
A permit was required for reporting on police or prison activities,
and journalists needed special permission to attend meetings in the
Zanzibar House of Representatives. Anyone publishing information
accusing a Zanzibar member of parliament of involvement in illegal
activities was liable to a fine of not less than TZS 250,000 ($170),
three years' imprisonment, or both. Nothing in the law specifies
whether this penalty stands if the allegations were proven to be true.
The law also empowers the Government to fine and suspend newspapers
without warning.

Internet Freedom.--There were no government restrictions on access
to the Internet; however, the Government monitored Web sites that
criticized the Government. Police also monitored the Internet to
prevent trafficking in persons and other illegal activities. In 2009
the Government shut down one blog for posting a doctored photo of the
president. In general individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
According to the International Telecommunication Union statistics for
2008, approximately 1 percent of the country's inhabitants used the
Internet.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly; however,
the Government did not always respect this right in practice. The
Government requires organizers of rallies to obtain police permission.
Police may deny permission on public safety or security grounds or if
the permit seeker belongs to an unregistered organization or political
party.
In February Chadema candidates complained that the police in the
Rorya District of Mara Region would not allow them to hold rallies
despite their requests for a permit. Chadema officials were told that
local authorities feared they would raise the issue of clan fighting in
their speeches.
In March the police in the Kibaha urban constituency of Dar es
Salaam Region refused to give Chadema candidates a permit to hold a
rally. No explanation was given for the decision. After the October 31
presidential and parliamentary elections, Chadema faced similar
difficulties in obtaining permits for planned rallies.
In April the Arusha police dispersed hundreds of women from
Loliondo who intended to return their CCM membership cards in protest
of the July 2009 eviction and burning of their homesteads. District
authorities also arrested NGO representatives for allegedly inciting
the women to protest (see sections 1.c. and 5).
In late December, citing security concerns, police denied CUF
permission to hold a demonstration and rally in Dar es Salaam. On
December 28, CUF went ahead with its demonstration. Police dispersed
the crowd of CUF supporters as they began their march and arrested
several demonstrators. The cases remained pending at year's end.
In April authorities dismissed all charges against the seven
opposition party CUF members who were arrested in September 2009 on
charges of unlawful assembly.

Freedom of Association.--The constitution provides for freedom of
association, and the Government generally respected this right in
practice.

c. Freedom of Religion.--For a description of religious freedom,
please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights. The
Government generally cooperated with UNHCR and other humanitarian
organizations in providing protection and assistance to refugees and
asylum seekers.
Police at checkpoints sometimes solicited bribes.
The law does not permit the forced exile of citizens, and the
Government did not use forced exile in practice.

Protection of Refugees.--The country's laws provide for asylum or
refugee status, and the Government has established a system for
providing protection to refugees. The Government generally provided
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened on account of their
race, religion, nationality, membership in a particular social group,
or political opinion. However, in early November 2009, regional
authorities in Kigoma Region forcibly returned 72 asylum seekers from
the Democratic Republic of Congo (DRC) without allowing UNHCR to
conduct an independent status determination. The Ministry of Home
Affairs stated it regretted the incident and would not allow it to
recur.
In 2008 the minister of home affairs announced that approximately
200,000 refugees who had arrived from Burundi in 1972 would be offered
the choice of citizenship or assisted voluntary repatriation. In close
consultation with UNHCR, the Government continued the process of
identifying those qualified for citizenship and local integration, and
more than 162,000 refugees had been granted citizenship by year's end.
Despite improving conditions, the remaining 1993 Burundi refugees
did not choose to return home during the year. UNHCR assisted with the
repatriation of fewer than 1,000 of the 1993 Burundi refugees during
the year. The tripartite commission composed of UNHCR and the
Governments of Tanzania and Burundi continued to encourage repatriation
by offering repatriation incentives and eliminating nonessential
services.
Due to deteriorating conditions in the DRC, UNHCR did not assist
with the repatriation of Congolese refugees during the year.
By year's end there were only two UNHCR-supported camps in the
country, one for Congolese and one for 1993 Burundis. It remained
illegal for refugees to live outside their camps or settlements or to
travel outside the camps farther than two and one-half miles without
permits. An exit permit could be obtained from the regional authorities
for an absence from the camps of less than 11 days. Permits for longer
absences could be obtained from the Ministry of Home Affairs; however,
there were several reports that refugees had difficulty obtaining
permission to leave the camps. Refugees apprehended outside the camps
without permits often were sentenced to community service rather than
imprisonment and deportation, as was the case previously. The Ministry
of Home Affairs acknowledged that some judges in the past had
misinterpreted the regulation and sentenced refugees to three years in
jail instead of imposing a six-month sentence or fine as prescribed by
the law.
Local government authorities policed the camps with support from
refugee volunteers. Robbery, assault, and rape were the most common
crimes. UNHCR reported that there were an estimated 597 incidents of
gender-based violence, including 84 rapes in the camps during the year.
UNHCR worked with local authorities as well as individuals working
in the camps to strengthen coordination and their ability to address
issues of sexual violence and violence against minorities. During the
year the Government investigated, prosecuted, and punished perpetrators
of abuses in the refugee camps; most cases of refugees involved in
crime and abuse outside the camps were handled by local authorities.
Residents of refugee camps suffered delays and limited access to
courts, common problems faced by citizens as well. There were reports
that some refugees engaged in intimidation and vigilante justice within
camps.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens with the right to change their
government peacefully, and citizens exercised this right in elections
on the mainland and in Zanzibar.

Elections and Political Participation.--Separate elections are held
for the union and for Zanzibar, ordinarily on the same day, in which
citizens of the two parts of the union elect local officials, members
of the national parliament, and a union (national) president. In
addition Zanzibaris separately elect a president of Zanzibar and
members of the Zanzibar House of Representatives. District and regional
leaders in Zanzibar and on the mainland are appointed by their
respective presidents.
During the year the National Electoral Commissioner created seven
new constituencies, bringing the total to 246 constituent seats.
Tanzania held its fourth multiparty general elections on October 31
in which voters elected new presidents (both union and Zanzibari) and
legislative representatives. President Kikwete, the incumbent ruling
party candidate, was reelected with 61.7 percent of the vote, a smaller
margin than the 80 percent he received in 2005. The union and Zanzibar
elections were judged to be largely free and fair. However, the CCM
benefited from vastly superior financial and institutional resources.
The national elections were generally peaceful, but there were
several protests associated with the slow pace of reporting election
results, primarily in Arusha, Moshi, Mwanza, Kigoma, and Dar es Salaam.
The opposition party, Chadema, registered concern about the accuracy of
the count and made allegations of interference with the tabulation
process, but failed to present proof of significant malfeasance.
Despite attending the opening session of parliament, Chadema
parliamentarians walked out before President Kikwete's inaugural
address and stated they would not recognize his presidency. However,
the party subsequently accepted Kikwete as the ``lawful'' president but
continued to call the election results ``illegitimate.''
In Zanzibar, where past elections were marked by violence and
widespread irregularities, the October elections proceeded peacefully
after the ruling CCM party and the opposition CUF reached a power-
sharing agreement. In a July 31 referendum, Zanzibaris voted to amend
the constitution to allow for a CCM and CUF unity government. Ali
Mohamed Shein, the immediate past union vice president, was elected
president of Zanzibar with 50.1 percent of the vote. Shein selected
CUF's Seif Sharif Hamad as first vice president and Seif Ali, former
union deputy foreign minister, as second vice president.
The passage of the July 31 referendum set the stage for peaceful
general elections on October 31 in Zanzibar. The power-sharing
agreement eliminated the winner-take-all system, giving the losing side
one of two vice-president slots and ministerial positions in proportion
to the seats it holds in the House of Representatives.
The Zanzibar government registered eligible voters from late June
2009 through May. Although in August 2009 the Zanzibar government
militia reportedly arrested and beat several CUF supporters and
dispersed crowds around registration centers, the registration process
proceeded peacefully in 2010.
On the mainland government harassment of opposition political
parties diminished after the 2005 elections. However, as parties
prepared for the October elections, opposition parties alleged that the
ruling party tried to hamper their campaign initiatives. Chadema
charged that the Government interfered with its campaign when TBC1, a
government-owned media outlet, disconnected the live coverage of its
campaign launch on August 28. Opposition parliamentary candidates
alleged they were required to stop their campaigns before six p.m.
daily for security reasons, but officials allowed CCM campaigns to
continue until eight p.m.
In 2009 there were three union parliamentary by-elections and one
for the Zanzibar House of Representatives. Unidentified individuals
reportedly attacked opposition party members in the mainland
constituencies of Busanda and Biharamulo during the campaigns preceding
the by-elections. The ruling CCM party made similar complaints
regarding attacks by opposition supporters. In addition, opposition
parties complained of voting irregularities in Biharamulo but did not
file a legal challenge.
In April all charges were dismissed due to insufficient evidence
against the seven CUF officials who were arrested in September 2009
after a rally and charged with unlawful assembly (see section 2.b.).
Individuals and parties could freely declare their candidacy and
stand for election. The law requires that persons running for office
must represent a registered political party. Following a two-decade
effort to challenge this provision, on June 17, the Court of Appeal
ruled that only parliament had the authority to amend the constitution
to allow independent candidates to run for office.
In 2009 opposition party members in Zanzibar, particularly on
Pemba, claimed that the Government, the largest employer, discriminated
against them in hiring. During the year, however, it was reported that
discriminatory practices had gradually decreased.
Political parties are required by law to support the union between
Tanganyika and Zanzibar; parties based on ethnic, regional, or
religious affiliation are prohibited. Unregistered parties and
independent candidates are prohibited from participating in elections.
In general political parties could operate without restriction or
outside interference, although there were occasional restrictions on
the parties' right to call for a demonstration.
The registrar of political parties has sole authority to approve
registration of any political party and is responsible for enforcing
regulations on registered parties. Parties granted provisional
registration may hold public meetings and recruit members. To secure
full registration and be eligible to field candidates for election,
parties must submit lists of at least 200 members in 10 of the
country's 26 regions, including two of the five regions of Zanzibar,
within six months.
During the year three new political parties were granted temporary
status. However, the registrar of political parties deregistered one of
them, Chama cha Jamii (CCJ), for failing to meet the requirements for
full registration.
In August opposition parties on the mainland complained the
Government did not give them enough time to return their registration
forms for parliamentary and local government councilor elections. In
response the registrar of political parties extended the submission
deadline by 10 days.
The election law provides for parliamentarians completing a term to
receive 40 million TZS ($27,000) as a ``gratuity,'' which incumbents
can use in reelection campaigns. Several NGOs and opposition parties
criticized this provision for disadvantaging opposition party
candidates in mounting an effective challenge.
On February 11, parliament enacted the Election Expenses Act to
regulate funding, curb illegal practices, and promote accountability
among candidates during the nomination campaign and election cycle.
On July 26, the National Electoral Commission distributed to
political parties an Electoral Code of Conduct that was drafted in
consultation with and signed by the political parties. Failure to sign
the code precludes a party from fielding candidates. The code bars
public servants from interfering with election procedures and political
parties and their followers from engaging in violent behavior, carrying
weapons, and using foul language. Candidates are permitted only to
criticize opponents on policy issues. Candidates violating any section
of the code are liable to fines of TZS 50,000 ($34), TZS 100,000 ($68)
and TZS 200,000 ($136) for civic, parliamentary, and presidential
aspirants, respectively. Zanzibar CCM and CUF also signed a code of
conduct, as did the media operating in the isles.
The unicameral union parliament has up to 357 members, including
the attorney general, the speaker, five members elected from and by the
Zanzibar House of Representatives, 102 special women's seats
apportioned among the political parties based on their election
results, 239 constituent seats (including 50 from Zanzibar), and up to
10 members nominated by the president.
Political parties appoint women to serve in seats set aside for
them according to the percentage of votes their parties win. After the
October elections, there were 102 special seats for women, and at
year's end there were 119 women in the 357-seat parliament. After
taking office, President Kikwete appointed eight women ministers
(compared with four in the former administration) and three women
deputy ministers. There were two members of parliament of Asian origin
in parliament. There were no ministers of Asian origin.
In the October 31 elections, the CCM retained its absolute majority
in parliament, with nearly 80 percent of the seats. With a total of 47
seats, 24 elected and 23 ``special seats'' for women, Chadema displaced
CUF as the official opposition and selected its chairman, Freeman
Mbowe, as opposition leader. The new parliament selected Anne Makinda
as the country's first female speaker of parliament.
Twenty five of the 62 high court judges and five of the 16 Court of
Appeal judges were women.
The Zanzibar House of Representatives has 50 elected seats, 20
women's special seats, and eight appointed at-large seats. Two of the
eight appointed seats were held by women. There are two women ministers
and four deputy ministers. There were three persons with disabilities
in the Zanzibar House of Representatives.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and some
officials engaged in corrupt practices with impunity. The World Bank's
Governance Indicators in 2008 reflected that corruption was a serious
problem.
On February 11, the parliament passed the Election Expenses Bill,
which came into force on March 17. The new law, which is designed to
curb the misuse of campaign funds during elections, contains a list of
prohibited activities that may disqualify a candidate from
participating in an election. For example, candidates are prohibited
from bribing individuals with money, employment, or other valuables to
induce them to vote or refrain from voting in a particular manner.
During the year the Tanzanian Prevention and Combating of Corruption
Bureau (PCCB) opened investigations into and began court proceedings
against a number of ruling party candidates suspected of bribing
voters. There were 10 cases pending in court at year's end.
The Government continued to use specialized agencies to fight
corruption, but their effectiveness was limited. A three-person unit
within the President's Office, headed by a minister of state for good
governance, was charged with coordinating anticorruption efforts and
collecting information from all the ministries for publication in
quarterly reports. During the year the unit drafted the National Anti-
Corruption Strategy and Action Plan.
There was little accountability in most government entities; senior
government officials estimated that 20 percent of the Government's
budget in each fiscal year was lost to corruption, including theft and
fraud, fake purchasing transactions, and ``ghost workers.'' During the
year Director General of the National Identification Authority Dickson
Mwaimu told parliamentarians that the Government was losing billions of
shillings annually through fraudulent salary payments. According to
Mwaimu, the Government lost TZS 26.6 billion ($18 million) in salaries
to ghost workers in seven institutions in the past three years.
On April 19, the Controller and Auditor General's office released a
report stating that, despite general improvement in the management of
government funds, there were still major weaknesses in internal
controls and noncompliance with laws and regulations, particularly in
the area of public procurement.
The PCCB is responsible for investigating suspected corruption
cases and prosecuting offenders in coordination with the DPP and
educating the public about corruption. The PCCB has 24 regional offices
and an office in every District on the mainland. In the first six
months of the year, the PCCB received 2,896 allegations of corruption,
investigated 413 cases, brought 104 new cases to court, and prosecuted
506 cases in which there were 21 convictions. There were 30 ongoing
grand corruption cases at year's end. According to the PCCB, most
corruption investigations concerned government involvement in mining,
land matters, energy, and investments. NGOs also reported that
allegations of corruption involved the Tanzania Revenue Authority,
local government officials, the police, licensing authorities, hospital
workers, and the media.
The PCCB's mandate does not extend to Zanzibar, and a special unit
of the police force in Zanzibar is responsible for corruption cases.
However, according to police, there were no investigations as no
complaints were received during the year. The Zanzibar Legal Services
Center indicated that it received complaints during the year about
corruption associated with land disputes involving government
officials.
Judicial and police corruption were problems.
During the year the court rejected the appeal of Jamila Nzota, a
magistrate in the Temeke District Court, who was convicted of
soliciting a bribe in May 2009.
On July 30, in Dar es Salaam, the PCCB interrogated three high-
profile government officials after receiving complaints that they were
involved in acts of corruption. The Government officials included
Member of Parliament for Kinondoni Idd Azzan, Minister for Natural
Resources and Tourism Shamsa Mwangunga, and Tanzania Communication
Regulatory Authority Consumer Consultative Council chairperson Hawa
Ng'umbi. Investigations continued at year's end.
On August 11, the PCCB charged Joseph James Mungai, a member of
parliament and former cabinet minister, with corruption. Mungai was
alleged to have given gifts valued between TZS 2,000 ($1.35) to TZS
20,000 ($14) to 15 CCM officials. The case was pending at year's end.
Although a number of high-profile corruption cases were ongoing and
one was concluded, the Government continued to be criticized for slow
progress on these grand corruption cases.
On May 24, Amatus Liyumba, the former Central Bank director of
personnel and administration, was sentenced to two years in prison for
abuse of office in connection with the construction of the Bank of
Tanzania (BOT) building. Liyumba appealed the decision. The court
dismissed his appeal and ordered him to serve his sentence.
In May the resident magistrate of Ilala District Court acquitted
BOT Legal Secretary Bosco Ndimbo Kimela after the DPP dropped charges
against him. In September 2009 Kinemela, along with three BOT
employees, was charged with embezzling TZS 104 billion ($70 million) by
manipulating contract prices and printing requests for currency
procurement. The remaining three defendants continued to face charges,
and the cases were pending at year's end.
On September 13, the Kisutu Resident Magistrate Court adjourned a
corruption case facing Costa Rick Mahalu, former ambassador to Italy,
and Counsellor Grace Martin. The two were charged with causing the
Government a loss of two million euros ($2.68 million) during the
purchase of an embassy building in Italy. The case was pending at
year's end.
The case against more than 20 individuals accused in 2008 of
obtaining funds fraudulently from the BOT's external payment account
continued at year's end.
In July the 2008 cases against two former ministers of finance and
the former permanent secretary in the Ministry of Finance came before
the court and continued at year's end.
Government ministers and members of parliament, as well as other
public servants, are required to disclose their assets after being
sworn into office, at the end of each year, and upon leaving office;
however, there was no enforcement mechanism or means to determine the
accuracy of these disclosures. At year's end only 33 percent of
politicians, 57 percent of public servants, and 27 percent of local
leaders (councilors) required to make disclosures had met the deadline.
There is no law providing for public access to government
information, and such access remained limited. Government officials
routinely refused to make information available. Civil service
regulations effectively allow only a handful of high-level government
representatives to communicate information to the media.
In September the Policy Forum, a local NGO, introduced a simplified
version of the Government budget to increase accessibility as well as
knowledge of government spending among citizens.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views. On the
mainland more than 5,000 NGOs were registered and entered into the
database maintained by a government-appointed NGO coordination unit
within the vice president's office. The registration process was slow,
taking two to five years. International NGOs may operate both on the
mainland and Zanzibar. However, NGOs in Zanzibar must apply through the
local government for approval, and all religious NGOs must seek
approval from the Office of the Mufti, the Muslim religious authority.
Unlike in the previous year, there were no reports that the
Government of Zanzibar fined, suspended, and removed NGOs that
criticized it.
CHRAGG, which was financed by the Government, operated without
government interference on the mainland and in Zanzibar. Due to
budgetary constraints, CHRAGG conducted less outreach than in previous
years and consequently received fewer complaints. As of June 30, CHRAGG
had received 772 complaints, of which 706 involved issues of good
governance and 66 involved human rights abuses. In Zanzibar it received
384 complaints, of which 197 were processed to completion between
January and June.
On April 12, a representative from Oxfam and two colleagues from
the Ngorongoro NGO Network were arrested and detained by authorities in
Loliondo who alleged they were responsible for assisting women from 12
villages in Loliondo, Ngorongoro District, to demonstrate against their
2009 eviction from the Loliondo Game Controlled Area (see section 6).
The union parliamentary committee for constitutional, legal, and
public administration is responsible for reporting and making
recommendations regarding human rights. Although the majority of
committee members were from the ruling CCM party, the committee acted
independently of government and political party influence, and most
observers viewed it as an unbiased institution. The committee worked
closely and cooperated well with CHRAGG.
The Government continued to host the International Criminal
Tribunal for Rwanda (ICTR) in Arusha and was supportive of, and
cooperated with, the international court. By year's end there were 21
detainees on trial, two awaiting trial, and nine cases pending appeal.
Jean Bosco Uwinkindi, one of 11 remaining fugitives, was arrested in
Kampala, Uganda, and transferred to the ICTR during the year. He is one
of the two detainees awaiting trial. During the year the ICRC visited
prisoners at the ICTR in Arusha.
In September and October 2009, respectively, Gregoire Ndahimana and
Idelphonse Nizeyimana were transferred to the ICTR. Ndahimana's trial
began in September 2010 and continued at year's end. Nizeyimana was
awaiting trial at year's end. The trial of Augustin Ngirabatware,
former minister of planning, which began in September 2009, continued
at year's end.
On December 22, the UN Security Council adopted Resolution 1966,
authorizing the creation of a ``residual mechanism'' for the ICTR to be
located in Arusha. This mechanism will continue the activities of the
court on a reduced scale following the closure of the tribunal in June
2012.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on nationality,
ethnicity, political affiliation, race, social status, or religion.
Discrimination based on gender, age, or disability was not explicitly
prohibited by law but was discouraged publicly in official statements
and by government policies. Discrimination against women, refugees,
minorities, and persons with HIV/AIDS and disabilities persisted, and
ethnic tensions continued in some parts of the country.

Women.--The law provides for life imprisonment for persons
convicted of rape, including spousal rape, but rape continued to be a
serious problem. In June the senior assistant commissioner of police
said that gender-based violence had increased and that 123 rape cases
were reported to police in Dar es Salaam between March and June.
Countrywide, there were an estimated 3,200 reported rape cases between
January and June, with 1,549 under investigation. Of those cases sent
to court, 65 resulted in acquittals and 161 in convictions.
Police maintained 78 gender and children desks to support victims
and address relevant crimes.
During the year in Zanzibar 870 rape cases were treated at the
Mnazi Mmoja hospital. Mnazi Mmoja in coordination with Save the
Children United Kingdom's Zanzibar Office, the Zanzibar Female Lawyer's
Association, police officials, prosecutors, and the Department of
Social Welfare established a one stop center at the hospital where rape
victims can receive treatment and counseling as well as report these
crimes in a safe environment.
During the year the Zanzibar Female Lawyer's Association received
108 complaints related to gender-based violence.
Domestic violence against women remained widespread, and police
were often reluctant to pursue such cases. The law prohibits assault
but does not specifically prohibit spousal battery or protect women
from gender-based violence. There is no unified legal code protecting
women. Disparate provisions of various statutes offer ineffective
safeguards against gender-based violence. Cultural, family, and social
pressures often prevented women from reporting abuses, and authorities
rarely took action against persons who abused women.
A survey released in 2008 by the Tanzania Media Women's Association
indicated that efforts to fight violence against women in Zanzibar were
undermined by insensitivity to gender-based violence by the police, the
judicial system, and hospital workers. According to the survey,
communities considered violence against women a private matter and
discouraged victims from taking legal action. The handling of such
cases by police and hospitals discouraged victims from seeking legal
remedies. Respondents stated that some police officers made humiliating
comments to women who reported cases of rape and sometimes asked for a
bribe for their cases to be processed.
In March the NGO Anti-Female Genital Mutilation Network (AFNET)
conducted a study in 22 villages in the six wards of Rorya District to
gauge the prevalence of gender-based violence; 93 percent of
respondents characterized gender-based violence as a problem.
The courts recognized domestic violence as grounds for divorce.
However, women often tolerated prolonged domestic abuse before seeking
a divorce. Women in urban areas who sought advice from legal aid
clinics most commonly cited domestic abuse as the reason for seeking a
divorce.
In July the Association of Journalists against AIDS in Tanzania and
the Lindi Women Paralegal Aid Centre conducted a spot survey on gender-
based violence, HIV/AIDS, stigma, and discrimination. The survey cited
cultural and family pressures as reasons for failure to report
incidents of gender-based violence. According to Faustin Hokororo, the
Lindi regional crime officer, light punishments meted out by the courts
coupled with lack of cooperation from the community when called upon to
testify in court also hindered efforts to combat the problem.
During the year NGOs conducted a television campaign to encourage
women to speak out about gender-based violence. The NGO Tanzania Gender
Networking Program conducted weekly gender-development seminars during
the year. Government officials also used public fora to emphasize the
importance of educating girls.
The Government generally recognized the right of couples and
individuals to decide freely and responsibly the number, spacing, and
timing of their children. There were no restrictions on the right to
access contraceptives; however, only an estimated 20 percent of women
used modern contraception, in part due to cultural factors, lack of
transportation to health clinics, and shortages of contraceptives. The
Government provided free prenatal, childbirth, and postpartum services
but lacked sufficient qualified health care professionals as well as
medical supplies. An estimated 60 percent of approved positions within
the Ministry of Health and Social Welfare remained unfilled, which
impeded the work of small, rural clinics. Pregnant women giving birth
at government health-care facilities throughout the country often had
to purchase their own medical supplies. Few women took advantage of
postpartum care. According to the UN Population Fund, the maternal
mortality ratio was 790 per 100,000 live births, and an estimated 43
percent of births were attended by skilled personnel in 2008. UN
sources estimated that a woman's lifetime risk of maternal death was
one in 23. Men and women received equal access to diagnosis and
treatment for sexually transmitted infections, including HIV.
The law prohibits sexual harassment of women in the workplace, but
no statistics existed on the extent of its occurrence or on
effectiveness of enforcement. Women in the private sector sometimes
faced discrimination from employers who believed that household
obligations were a professional liability. There were reports that
women were asked for sexual favors in return for promotions.
Inheritance and marriage laws do not provide for equality for
women, and women's rights often were not respected. The mainland
Ministry of Community Development, Women, and Children and the mainland
Ministry of Justice and Constitutional Affairs, as well as their
counterpart ministries on Zanzibar, are responsible for protecting the
legal rights of women. Discrimination against women was most acute in
rural areas. Rural women had little opportunity to attend school or
obtain wage employment.
The law gives individuals the right to use, transfer, and occupy
land without distinction of gender, and recognizes women's occupancy
rights (all land in Tanzania belongs to the Government), but
implementation was difficult because most women were unaware of the
law. Historically, rural women have not acted as primary land occupants
or managed businesses because of cultural constraints and lack of
education. Civil society activists reported widespread discrimination
against women in property matters related to inheritance and divorce.
This was particularly the case in Zanzibar, but also in some parts of
the mainland, where activists maintained that judges relied on
customary and Islamic law in discriminatory fashion. Women were
particularly vulnerable if they initiated the separation from their
partners or if their partners died.
In Zanzibar women between the ages of 18 and 21 who became pregnant
out of wedlock could be sentenced to perform community service set by
the Zanzibar director of public prosecution. The provision was not
applied during the year.

Children.--Citizenship is derived by birth within the country's
territory, or if abroad, from one's parents. Only 17 percent of
children had birth certificates, according to the Registration
Insolvency and Trusteeship Agency. Registration of births within three
months is free; however, parents who register their babies after three
months must pay a fee. To encourage registration, children enrolling in
preschool must present a registration certificate. However, this
stipulation was not strictly enforced, and public services were not
withheld if a child was not registered.
Primary education was compulsory, free, and universal on both the
mainland and Zanzibar through the age of 15; however, parents were
required to pay fees for enrollment beginning in form one, the
equivalent of the first year of high school. As a result, many children
did not attend secondary school. Parents were required to pay for
books, uniforms, and school lunches. There were inadequate numbers of
teachers, books, and other educational materials to meet the demand,
which affected the quality and availability of education.
Girls represented roughly half of all those enrolled in primary
school but were absent more often due to household duties.
The law allows head teachers to cane students, and corporal
punishment in schools remained a problem, although less so than in
previous years.
There continued to be reports of teachers raping students during
the year. For example, on April 28, Omary Muhogo, a Mafuru primary
school teacher, was arrested and questioned for allegedly raping and
sexually abusing 13 school children. An investigation continued at
year's end.
On June 2, two men appeared before the Ilala Magistrate's Court for
the rape of two young boys. The accused denied the charges but were
remanded for failure to meet bail conditions. They remained in prison
at year's end.
The law prohibits female genital mutilation (FGM); however, it
continued to be practiced by some tribes and families. Statutory
penalties for performing FGM on girls under 18 ranged from five to 15
years' imprisonment, a fine of TZS 300,000 ($203), or both; however,
prosecutions were rare, and none were conducted during the year. Many
police officers and communities were not aware of the law; victims were
often reluctant to testify; and some witnesses feared reprisals from
FGM supporters. Some villagers reportedly bribed local leaders not to
enforce the law in order to carry out FGM on their daughters.
In March AFNET conducted a study on 22 villages in Rorya District
in Mara Region on the prevalence of FGM in the region. Girls between
the ages of 12 and 18 were the primary targets of FGM and were promised
gifts and money from parents and relatives for undergoing the
procedure. Some girls believed they would not be married without
undergoing FGM.
In 2005 the Ministry of Health estimated that 5 to 15 percent of
women and girls underwent FGM; their average age was less than 10 years
old and reportedly included some newborns. FGM was practiced by
approximately 20 of the country's 130 tribes and was most prevalent in
the mainland regions of Arusha, Singida, Kilimanjaro, Morogoro, and Dar
es Salaam.
In 2009 a local government officer in Singida stated that 254 out
of 1,046 women who delivered in health clinics in Manyoni District,
Singida Region, were circumcised. In 2009 AFNET reported that 47 out of
59 infants and girls up to age five who attended a village clinic in
Singida Region had undergone FGM. Clitoridectomy, a less severe form of
FGM, was employed most frequently; however, infibulation, the most
severe form, was also practiced, mainly in the northern highlands and
the central zone.
The Government continued to implement the 2001-15 National Plan of
Action for the Prevention and Eradication of Violence Against Women and
Children, which enlisted the support of practitioners and community
leaders in eradicating FGM. AFNET worked with education officers in the
Serengeti to increase awareness about the negative effects of FGM. The
NGO worked specifically with a group of students between the ages of 10
and 13 to help them gain the confidence to refuse the practice.
In the Mara Region, where FGM is prevalent, it was reported in
November that 5,000 girls were at risk of FGM. The Tarime-based
Termination of Female Genital Mutilation Society, in conjunction with
the Children's Dignity Fund, launched an educational campaign to
educate girls on the health risks associated with FGM.
The law provides that girls as young as 15 can marry with the
consent of parents or guardians, although no consent is required for
orphaned girls without guardians. The courts also have discretion to
allow the marriages of 14-year-old girls in the case of pregnancy.
Additionally, the law allows Muslim and Hindu girls to marry as young
as 12 so long as the marriage is not consummated until the girl reaches
the age of 15. To circumvent these laws, offenders bribed police or
paid a bride price to the family of the girl to avoid prosecution.
On Zanzibar, there are multiple laws that define the age of a
child, including the Penal Code, which defines a child as an individual
under the age of 18 who is not married or hasn't given birth, and the
Young Offenders Decree, which defines a child as being under 14 years.
Under Islamic law, however, the age at which a child reaches puberty
determines whether she or he is still a child.
The law provides that sexual intercourse with a child under 18
years is rape, regardless of consent; however, the law was not
enforced.
The law criminalizes child pornography and child prostitution;
however, sexual exploitation and trafficking in persons, including
children, were problems. Persons found guilty of such offenses were
subject to a fine ranging from one million TZS ($678) to TZS 500
million ($339,000) and/or a prison term of one to 20 years.
Children with albinism were killed for their body parts. For
example:
On February 8, a man armed with a machete attempted to chop off the
legs of 12-month-old Fatma Mohammed in Ruvu village; five persons were
arrested and subsequently released on bail. The case remained pending
at year's end.
On April 18, in Kitahama village, Kigoma Region, unidentified
persons abducted and killed four-year-old Naimana Daudi; the girl's
left leg and left arm had been severed. The police arrested a teacher,
who remained in prison awaiting trial at year's end.
On April 26, in Luhaga village, Shinyanga Region, attackers severed
the arm of 13-year-old Kabula Nkalango; no arrests had been made by
year's end.
In October a 10-year-old boy with albinism was killed by attackers
who were trying to sever one of his lower limbs. At year's end no one
had been charged for the killing.
In July the Tabora Court of Appeal upheld an earlier judgment which
sentenced three men to death for the killing of 13-year-old Matatizo
Dunia.
Infanticide continued to be a problem, especially among poor rural
mothers who believed themselves unable to afford to raise a child.
According to the National HIV/AIDS and Malaria Indicator Survey of
2007-08, approximately 11 percent of children on the mainland under the
age of 18 were orphans (defined as having one or two deceased parents)
and 9 percent were considered to be vulnerable to exploitation; in
Zanzibar the figures were 7 and 4 percent, respectively. Most orphans
were absorbed into other families, but those who were not taken in by
extended family members received additional support and counseling from
the Government and several state- and privately sponsored NGOs.
There were significant numbers of street children in Dar es Salaam,
Mwanza, and Arusha. Street children had limited access to health and
education services because they lacked a fixed address or money to
purchase medicines, school uniforms, and books. They were also
vulnerable to sexual abuse.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international child abduction, please see the Department of State's
annual report on compliance at http://www.travel.state.gov/abduction/
resources/congressreport/congressreport--4308.html

Anti-Semitism.--The Jewish population was very small, and there
were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in person,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The constitution prohibits
discrimination against persons with disabilities. During the year the
Government passed the Persons with Disability Act, although
implementing regulations had not been promulgated by year's end.
Approximately 10 percent of the total population consisted of persons
with some disability, and persons with physical disabilities were
effectively restricted in employment, education, access to health care,
and other state services by physical barriers and inadequate financial
resources. Although the Government mandates access to public buildings,
transportation, and government services for persons with disabilities,
few buildings were accessible. New public buildings were being built in
compliance with the law, but funds to retrofit existing structures were
unavailable.
There were five members of the mainland parliament with
disabilities, including one elected member of parliament from Lindi who
has albinism.
The Ministries of Education, Justice, and Labor are responsible for
enforcing the protection of rights of persons with disabilities for
education, legal claims, and labor rights, respectively. The Department
of Social Welfare has responsibility for coordinating matters related
to persons with disabilities.
In 2009 the Government started an education initiative to integrate
students with disabilities into mainstream schools; however, the
program lacked adequate funding. For example, braille paper and tape
recorders were generally not available for blind students.

Indigenous People.--On April 12, local authorities dispersed women
from 12 villages in Loliondo, Ngorongoro District, who had gathered to
demonstrate against their July 2009 evictions from the Loliondo Game
Controlled Area (LGCA) and the burning of their homesteads, as well as
against suspected government plans to redraw village boundaries that
would exclude them from key Maasai pastures. Authorities also arrested
and detained NGO activists who police alleged were responsible for
inciting the protest.
During the year FEMACT concluded that local security forces had
conducted ``ruthless eviction operations'' in forcibly evicting farmers
and burning their homes and crops in August 2009 in the LGCA, where
foreign corporations own the rights to hunt. In August 2009
international NGOs reported that local field force units forcibly
evicted Maasai pastoralists from their homes in the LGCA. In 1992 the
Government gave a foreign corporation the rights to hunt in the LGCA
during certain periods of the year. The pastoralists typically moved
from the LGCA during hunting season, but when they did not do so in
2007, the field force units allegedly forcibly removed the Maasai and
burned their homes and crops. Pastoralists who refused to move were
arrested. The Government claimed that those evicted were Kenyans and
criticized NGOs for exaggerating the situation. In mid-September 2009
CHRAGG sent a team to investigate the alleged human rights abuses. In
its report, released in May, it found that no gross human rights
violations were committed by field force units in Loliondo and that the
eviction was conducted using reasonable force. However, CHRAGG
suggested that the disputed area be surveyed and properly demarcated to
avoid such disputes in the future.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Homosexuality is illegal on
the mainland and in Zanzibar. On the mainland the offense is punishable
by up to five years in prison. The law in Zanzibar establishes a
penalty of up to 25 years' imprisonment for men who engage in
homosexual relationships and seven years for women in lesbian
relationships. Since the burden of proof in such cases is significant,
the law is rarely applied, and there were no reports that anyone was
punished under the law during the year. In the past individuals
suspected of being gay or lesbian were instead charged with loitering
or prostitution. Gays, lesbians, bisexual, and transgendered (LGBT)
persons faced societal discrimination, which restricted their access to
healthcare, housing, and employment.
During the year a coalition of NGOs worked together to advocate for
the rights of LGBT persons, including the repeal of the penal code
provision criminalizing homosexuality. However, societal discrimination
forced organizations advocating for these rights to operate discreetly,
often impeding the efficacy of their outreach and advocacy.

Other Societal Violence or Discrimination.--The HIV/AIDS Act of
2008 prohibits discrimination against any person ``known or perceived''
to be HIV positive and establishes medical standards for
confidentiality to protect persons living with HIV/AIDS. The Act also
criminalizes the deliberate transmission of HIV. As of October draft
regulations had been submitted to the attorney general for review and
recommendations.
According to a founding member of the Parliamentarians' AIDS
Coalition, parliamentarians and other persons in general were more open
to discussing HIV/AIDS than in the past. During the year the coalition
funded awareness raising campaigns in 10 constituencies focusing on the
prevention of mother-to-child transmission, feeding and nutrition,
orphans and vulnerable children, and other HIV/AIDS related issues.
According to the 2007/08 HIV/AIDS and Malaria Indicator Survey,
there was little change in attitudes towards persons living with HIV/
AIDS since the previous survey in 2003/04. There were continuing
reports that discrimination in housing, healthcare, and education
continued to occur against the estimated 1.3 million persons in the
country living with HIV/AIDS.
The Government, working with NGOs, continued to sensitize the
public about HIV/AIDS-related discrimination and to create safeguards
for HIV/AIDS patients' human rights. A network of lawyers,
policymakers, and doctors continued lobbying efforts and other
activities to deal with legal, ethical, and human rights problems
associated with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The union and Zanzibar governments
have separate labor laws. Workers on the mainland had the right to form
and join independent trade unions. Trade unions must consist of more
than 20 employees and were required to register with the Government. A
trade union or employers' association must register within six months
of its establishment; failure to register is a criminal offense. The
registrar in the Ministry of Labor, Employment, and Youth Development
exerted significant power over trade unions, including the right to
deregister unions if overlap existed within an enterprise. Unions had
to submit financial records and a membership list to the registrar
annually. The registrar could suspend a trade union if it determined
that the union violated the law or endangered public security.
Association with an international trade union required government
approval.
Approximately 33 percent of the formal sector work force (550,000
workers) belonged to the Trade Union Congress of Tanzania (TUCTA), the
sole labor federation. In the agricultural sector, the country's
largest employment sector, an estimated 5 to 8 percent of the work
force was unionized. Strikes were very infrequent on both the mainland
and Zanzibar.
Mainland workers have the legal right to strike, and employers have
the right to a lockout after complying with certain legal requirements
and procedures. These rights are qualified according to the law. For
example, all parties to a dispute may be bound by an agreement to
arbitrate, and neither party may then engage in a strike or a lockout
until that process has been completed.
In April TUCTA announced it would hold a nationwide strike starting
on May 5, if the Government failed to increase salaries to TZS 315,000
($214), reduce income taxes, and address pension disparities. Although
TUCTA and the Government entered into negotiations through the
Commission for Mediation and Arbitration, TUCTA continued to threaten
to strike. On May 3, President Kikwete publicly criticized union
officials and warned workers not to take part in the strike. TUCTA
called off the strike the day before it was scheduled to start. On May
8, TUCTA and the Government agreed to continue their negotiations. In
mid-June the Government reached an agreement with TUCTA to increase
minimum wages and exempted low wage government workers from income tax.
In 2008 the Government was granted a court injunction to stop
hundreds of thousands of teachers from striking over unpaid salaries
and allowances. A judge ordered the teachers and the Government into
arbitration before allowing the teachers to go on strike. In September
2009 the Government stated it was verifying and auditing teacher claims
for salaries and allowances but planned to make payment in October. The
audit was completed in late October 2009 and teachers began receiving
their payments. Although there continued to be some complaints about
back wages, they were not on a similar scale or which involved the
court.
A lawful strike or lockout is protected and does not constitute a
breach of contract, nor can it be considered a criminal offense. An
employer may not terminate the employment of an employee for
participating in a lawful strike or terminate an employee who accedes
to the demands of an employer during a lockout.
The law restricts the right to strike when to do so would endanger
the life and health of the population. Workers in certain sectors
(water and sanitation, electricity, health services and associated
laboratory services, firefighting, air traffic control, civil aviation
telecommunications, and any transport services required for the
provisions of these services) are restricted from striking. Workers in
other sectors may also be subject to this limitation.
The labor law in Zanzibar applies to both public- and to private-
sector workers. Government workers do have the right to strike as long
as they follow procedures outlined in the Employment Act of 2005. They
are not allowed to join mainland-based labor unions. The Zanzibar labor
law requires a union with 50 or more members to be registered and sets
literacy standards for trade-union officers. There were 14 trade unions
on Zanzibar, and an estimated 40 percent of the Zanzibar workforce is
unionized. In collaboration with the International Labor Organization
(ILO), the Government worked to draft regulations under the Employment
Act of 2005 to facilitate a smooth implementation of the act. However,
the regulations were not approved by the Labor Advisory Board and were
being redrafted at year's end.

b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining in the private sector, and workers
and employers practiced it freely during the year. In the public
sector, the Government set wages administratively, including for
employees of state-owned organizations.
On the mainland disputes were regulated and resolved by mediation
through the Commission for Mediation and Arbitration. If the mediator
failed to resolve a dispute within 30 days of referral, or any longer
period agreed upon in writing by both parties, either party to the
dispute may give notice of its intention to commence a strike or
lockout. If the mediation fails to resolve the complaint, the
Commission for Mediation and Arbitration may appoint an arbitrator to
decide the dispute, or it may be referred to the labor court.
In practice many private-sector employers adopted antiunion
policies or tactics. On the mainland the law prohibits discriminatory
activities by an employer against union members; however, in August
2009 an ILO consultant told the Daily News that trade union rights were
affected by antiunion discrimination and limitations on the right to
strike. In some instances employers did not allow unions to recruit at
their work sites and threatened employees interested in joining a union
with termination. These cases were reportedly resolved informally. The
law required employers found guilty of antiunion activities to
reinstate workers.
On the mainland there were five industrial zones operating as
export processing zones (EPZs). There were also 35 developer licensees
and 34 operator licensees functioning as single factory zones. In
Zanzibar there were three free economic zones, which were treated as
EPZs. There were no special laws or exemptions from regular labor laws
in EPZs.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor; however, there were reports that such
practices, especially involving children, occurred. In some instances,
girls from rural areas were forced to do domestic work, while boys were
sent to work on farms, in mines, and in the informal business sector.
In 2009 the International Office of Migration reported that men from
Malawi were forced to work in the fishing industry.
The law allows prisoners to work without pay on construction and
agriculture projects within prisons both to develop the skills of the
prisoners and reduce the costs of operating the prisons. Prisoners were
also used as labor on projects outside of the prison, such as road
repair and government construction projects.
See also the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the exploitation of children in the workplace. Under the
law the minimum age for contractual employment is 14. Children over 14
(but under 18) could be employed only to do light work unlikely to harm
their health and development or attendance at school. Children under
the age of 18 may not crew on a ship or be employed in a mine, factory,
or any other worksite where working conditions could be hazardous.
The law establishes criminal penalties for employers of child labor
as well as forced labor; violators could be fined an amount not
exceeding TZS 4.68 million ($3,172), imprisonment for one year, or
both. Although the Ministry of Labor, Employment, and Youth Development
reportedly conducted inspections and issued warnings to violators of
child labor statutes, there were no reported child labor cases brought
to court during the year. Likewise, Zanzibar's Ministry of Labor, Youth
Development, Women, and Children did not take legal action related to
child labor.
A shortage of inspectors on the mainland and in Zanzibar resulted
in limited enforcement of child labor provisions, and child labor
continued to be a problem. According to the Integrated Labor Force
Survey of 2006, approximately 19 percent of children ages five to 17
years were engaged in child labor on the mainland. In Zanzibar an
estimated 8 percent of children ages five to 17 were engaged in child
labor.
Child labor was widespread in Tanzania and Zanzibar. Children work
as domestic help, street vendors and shop keepers, as well as in small-
scale agriculture (e.g., coffee, sisal, tea, and tobacco), family-based
businesses, fishing, and artisanal mining. In Zanzibar, children work
primarily in transportation, fishing, clove picking, domestic labor,
small businesses, and gravel making.
During the year the Government worked closely with stakeholders to
reduce child labor especially at the district, ward, and village level.
Government leaders were committed to ending child labor in their
localities and worked in collaboration with international NGOs to
withdraw children from child labor during the year.
During the year the Zanzibar Ministry of Employment, Youth, Women,
and Children withdrew 600 children from child labor in the fishing,
seaweed farming, and quarrying industries on the islands. In May the
ministry conducted a seminar for its steering committee on child labor
to develop an action plan to address child labor and educate
participants about the dangers of child labor.
On the mainland the Ministry of Labor, Employment, and Youth
Development was responsible for enforcement of labor laws, together
with the Commission for Mediation and Arbitration and the labor court.
Several government ministries, including the Ministry of Labor,
Employment, and Youth Development, had special child labor focal
persons.
In 2009 the Government instituted a number of policies aimed at
decreasing child labor. These included the establishment of the Child
Labor Monitoring System to coordinate all national efforts related to
child labor as well as the creation of District child labor
subcommittees. While the Ministry of Labor continued its monitoring
efforts during the year, it reported that its implementing partners
failed to provide it with data concerning their efforts to withdraw or
prevent children from engaging in child labor. The ministry conducted a
limited number of monitoring visits to regions where child labor is
prevalent. Child labor issues were integrated into the Complementary
Basic Education curriculum and the teacher-training college curriculum.
Other measures to ameliorate the problem included ensuring that
children of school age attended school, imposing penalties on parents
who did not enroll their children in school, and sensitizing employers
in the formal sector against employing children below the age of 18.
In 2009 the Government revised the Child Development Policy to
include prohibitions against the worst forms of child labor. During the
year it continued to conduct outreach to educate citizens about the
policy, particularly through its promotion of the children's agenda.
The national intersectoral committee on child labor within the
Office of the Prime Minister, which includes representatives from
several ministries and the NGO community, has not met since September
2009. According to an ILO official, the Government expressed its
commitment to fight child labor and strengthen local structures for its
elimination.
The Government collaborated with NGOs by providing technical
expertise in agriculture and qualified trainers, as well as the
necessary allowances and in some cases a budget to support child labor
related activities. For example, the Igunga District Council set aside
seven million TZS ($4,745) for child labor related activities in 2009.

e. Acceptable Conditions of Work.--The mainland government raised
the minimum wage in both the public and private sectors in July and
exempted low wage government workers from income tax. The new minimum
wage standards were divided into eight employment sectors, the lowest
minimum wage was TZS 70,000 ($47) per month for workers in the
agricultural sector and the highest was TZS 350,000 ($237) per month
for workers in the mineral and aviation sectors. These monthly wages
were above the poverty line of TZS 13,998 ($10) per month per person
established by the 2006/07 Household Budget Survey. The labor laws
cover all workers, including foreign and migrant workers.
The Government of Zanzibar increased the minimum wage rate from TZS
80,000 ($54) to TZS 100,000 ($68) per month during the year.
In 2009 there were reports that some employers offered only short-
term contracts of three to six months to avoid the salary and benefit
requirements. In 2009 trade unions expressed their discontent over pay
raises given by the Government to certain high-level government
officials, including judges, ministers, and their deputies, as well as
regional and district commissioners.
There was no standard legal workweek for private-sector workers,
but most private employers retained a six-day, 44- to 48-hour workweek.
A five-day, 40-hour workweek was in effect for government workers.
Under most circumstances, it was illegal to employ women to work
between 10:00 p.m. and 6:00 a.m.; however, employers frequently ignored
this restriction. The ILO reported in 2009 that some workers were
forced to work overtime under the threat of being fired.
Several laws regulate safety in the workplace. The Ministry of
Labor, Employment, and Youth Development managed an inspection system;
however, its effectiveness was limited due to lack of resources and the
small number of labor officers available to conduct the inspections.
Labor standards were not enforced in the informal sector, where most of
the workforce was employed.
Workers could sue an employer if their working conditions did not
comply with the Ministry of Labor, Employment, and Youth Development's
health and environmental standards. Disputes were generally resolved
through the Commission for Mediation and Arbitration. There were no
exceptions for foreign or migrant workers.

__________

TOGO

Togo, with a population of 6.6 million, is a republic governed by
President Faure Gnassingbe, who was reelected on March 4 in a process
characterized by international observers as generally free and fair.
The election presented a stark contrast to the 2005 presidential
election, which was accompanied by systematic fraud, voter
intimidation, and widespread violence. Following the announcement of
the official election results, limited incidents of violence between
security forces and opposition protesters occurred. The military
strongly backed the ruling Rally of the Togolese People (RPT), which
dominated politics and maintained firm control over all levels of the
highly centralized government. Security forces reported to civilian
authorities.
Human rights problems in the country included: security force use
of excessive force, including torture, which resulted in deaths and
injuries; official impunity; harsh and life-threatening prison
conditions; arbitrary arrests and detention; lengthy pretrial
detention; executive influence over the judiciary; infringement of
citizens' privacy rights; restrictions on freedoms of press, assembly,
and movement; official corruption; discrimination and violence against
women; child abuse, including female genital mutilation (FGM), and
sexual exploitation of children; regional and ethnic discrimination;
trafficking in persons, especially women and children; societal
discrimination against persons with disabilities; official and societal
discrimination against homosexual persons; societal discrimination
against persons with HIV; and forced labor, including by children.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were several
reports that the Government or its agents committed arbitrary or
unlawful killings during the year.
Security forces killed striking demonstrators during the year (see
section 2.b.).
On May 28, Amnesty International (AI) reported that several persons
died in detention in 2009 ``probably as a result of torture or other
ill-treatment.''
According to a June 24 report by Freedom House, three bodyguards of
Kpatcha Gnassingbe, the president's half brother, were killed during
the army's April 2009 raid on the home of Gnassingbe, who was suspected
of coup plotting.
In May 2009 the Government established a Truth, Justice, and
Reconciliation Commission in response to public and international
pressure to account for the complaints lodged by victims of political
violence between 1958 and 2005. The commission, which has no power to
prosecute or grant amnesty, held public hearings and began taking
individual statements during the summer.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices; however in
January 2009 a UN special rapporteur found evidence that police and
gendarmes abused detainees during interrogation, guards beat prisoners,
and young persons and children were at risk of corporal punishment
while in detention. The Government did not prosecute officials for such
abuses, and impunity remained a problem.
Information surfaced during the year that detainees died from
torture in March 2009 (see section 1.a.).
Unlike in previous years, there were no reports of attacks on or
intimidation of human rights workers.

Prison and Detention Center Conditions.--Prison conditions remained
harsh with serious overcrowding, poor sanitation, and unhealthy food.
At year's end the expanded Central Prison of Lome, which was built for
666 prisoners, held 1,925 prisoners. In April 2009 the media reported
that prisoners were dying of hunger and received typically one meal a
day worth 150 CFA francs ($0.31). During the year the warden of the
central prison confirmed that adult prisoners received one meal a day,
and juveniles were provided three. Medical facilities were inadequate,
and disease and drug abuse were widespread. Sick prisoners reportedly
had to pay 1,500 CFA francs ($3.12) to guards before being allowed to
visit the infirmary. There were reports that prison officials sometimes
withheld medical treatment from prisoners. Lawyers and journalists
reported that prison guards charged prisoners a small fee to shower,
use the toilet, or have a place to sleep. Local press reported that
prison guards sexually harassed female prisoners.
While there were no official statistics on the number of prison
deaths, the warden of the central prison confirmed 22 prisoner deaths
during the year from various causes, including asthma, hypertension,
and tuberculosis.
As of October 11, there were 4,116 prisoners in the country's 12
prisons and jails. There were 28 juveniles held in the Brigade for
Minors during the summer, 10 of whom were released at the start of the
school year. Infants of female prisoners and detainees were placed in
the care of private nurseries, which received government support.
Pretrial detainees were not held separately from convicted prisoners.
Prisoners and detainees were granted reasonable access to visitors
and were permitted religious observance.
Authorities permitted prisoners and detainees to submit complaints
to judicial authorities without censorship and request investigation of
credible allegations of inhumane conditions. However, authorities
rarely investigated such complaints and did not publicly document such
investigations. The Government monitored and investigated prison and
detention center conditions only rarely, and official impunity was a
problem.
Ombudsmen did not serve on behalf of prisoners and detainees to
consider such matters as alternatives to incarceration, the status and
circumstances of juvenile confinement, improving pretrial detention, or
recordkeeping procedures. However, the Ministry of Justice continued to
work on ameliorating these problems through its multi-year reform
program financed by the European Union.
Local NGOs accredited by the Ministry of Justice could visit the
prisons anytime, although the accreditation process could take up to a
year. International NGOs must negotiate an agreement with the
Government to gain similar access to prisons. During the year the
International Committee of the Red Cross (ICRC) and other international
human rights organizations were allowed prison access. Only
internationally recognized groups such as the Office of the UN High
Commissioner for Refugees (UNHCR) and the ICRC were granted access to
National Intelligence Agency (NIA) detention facilities.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, the Government did
not always respect these prohibitions.

Role of the Police and Security Apparatus.--The security forces
consist of the army, navy, air force, national security service
(including the national police and investigation bureau), and the
gendarmerie. The NIA is responsible for domestic and foreign
intelligence and security, including criminal investigations. The
police are under the direction of the Ministry of Security and Civil
Protection, which reports to the prime minister. The Ministry of
Defense, which reports directly to the president, oversees the military
and the gendarmerie. Police and gendarmes are responsible for law
enforcement and maintenance of order. The army is in charge of external
security. Approximately 80 percent of the army's officers and soldiers
were from the Kabye ethnic group, which constituted 23 percent of the
population and to which the current and previous presidents belonged.
Police generally were ineffective and corrupt, and impunity was a
problem. Police often failed to respond to societal violence. The
Government generally did not investigate or punish effectively those
who committed abuses, including unlawful killings and disappearances.
No progress was made in examining complaints from more than 100 victims
of human rights abuses committed during the 2005 presidential election
(see section 1.a.). In 2007 the victims were asked to pay 25,000 CFA
francs ($52) to the court to move their cases forward. Some were unable
to pay and withdrew their complaints. Others paid the requested fee but
still saw no progress on their cases during the year.

Arrest Procedures and Treatment While in Detention.--The law
authorizes judges, senior police officials, prefects, and mayors to
issue arrest warrants; however, persons were detained arbitrarily and
secretly. Although detainees have the right to be informed of the
charges against them, police sometimes ignored this right. The law
allows authorities to hold arrested persons incommunicado without
charge for 48 hours, with an additional 48-hour extension in cases
deemed serious or complex. The law stipulates that a special judge
conduct a pretrial investigation to examine the adequacy of evidence
and decide on bail; however, in practice detainees often were held
without bail for lengthy periods with or without the approval of a
judge. Family members and attorneys officially had access to a detainee
after 48 or 96 hours of detention, but authorities often delayed, and
sometimes denied, access.
Security forces arbitrarily arrested opposition members during the
year (see sections 1.e. and 3).
During the year the Government arrested and detained political
prisoners, all of whom were released by year's end (see section 1.e.).
The 33 persons arrested in April 2009 for suspected coup plotting,
including Kpatcha Gnassingbe, one of the president's half brothers and
a national assembly member, remained in detention (see section 1.e.).
The law prohibits arrest for civil debt; however, according to the
Togolese League of Human Rights, an unknown number of persons were
arrested for outstanding debts and detained in gendarmeries and police
stations for more than 48 hours.
A shortage of judges and other qualified personnel, as well as
official inaction, resulted in lengthy pretrial detention and
confinement of prisoners for periods exceeding the time they would have
served if tried and convicted. Almost 80 percent of inmates were
pretrial detainees. The Togolese League of Human Rights reported that a
man suspected of stealing a chicken remained in pretrial detention for
a year.

e. Denial of Fair Public Trial.--Although the constitution provides
for an independent judiciary, the executive branch continued to exert
control over the judiciary, and corruption was a problem. Lawyers often
bribed judges to influence the outcome of cases. The court system
remained overburdened and understaffed.
There were three associations of magistrates in the country: the
Union of Magistrates of Togo (SMT), the National Association of
Magistrates (ANM), and the Professional Association of Magistrates of
Togo (APMT). A majority of the APMT members were supporters of the
ruling RPT and reportedly received the most prestigious assignments,
while judges who advocated an independent judiciary and belonged to the
ANM or SMT often were assigned to second-tier positions.
A military tribunal exists for crimes committed by security forces;
its proceedings were closed. The military court cannot try civilians
and does not accord military defendants the same rights as civilians.

Trial Procedures.--The judicial system employs both traditional law
and the Napoleonic Code in trying criminal and civil cases. Defendants
do not enjoy a presumption of innocence. Trials were open to the
public, juries were used, and judicial procedures generally were
respected. Defendants have the right to be present at their trials and
have the right to counsel and to appeal. All defendants have the right
to an attorney, and the bar association provides attorneys for the
indigent. Defendants may confront witnesses and present witnesses and
evidence on their own behalf. The preceding rights were respected in
practice. Defendants have the right to access government-held evidence
relevant to their cases, but in practice that right was not respected.
The law extends these rights to all citizens, but not to persons
convicted in the military court. Women who were uneducated or came from
rural areas tended not to be aware of or feared claiming their rights.
In rural areas the village chief or a council of elders is
authorized to try minor criminal and civil cases. Those who reject the
traditional authority may take their cases to the regular court system,
which is the starting point for cases in urban areas.

Political Prisoners and Detainees.--The Government arrested and
held 16 political detainees in connection with the March 4 presidential
election; however, the Government denied it held political detainees or
prisoners. On March 3, five were arrested in Akoumape; on March 6, four
were arrested in Lome; on May 9, six were arrested in Bassar, the home
town of opposition candidate Kofi Yamgnane; and on August 11, another
person was arrested for refusing to obey police directives not to
attend an unauthorized opposition vigil. The 16 were charged with
inciting violence. As of September, according to AI and the League of
Togolese Human Rights, all 16 had been released. Some were held for
weeks and others for six months, but none had been mistreated,
according to AI. The Government permitted access to such persons on a
regular basis by international humanitarian organizations.
The 33 persons arrested in April 2009 for suspected coup plotting,
including presidential half brother Kpatcha Gnassingbe, remained in
detention. Most of the detainees were held by the NIA and charged with
offences against the security of the state, conspiracy, rebellion, and
``voluntary violence''; those charged with inciting violence were held
at Kara civil prison in the north. According to AI, some of the
detainees were initially held incommunicado, and several had been
denied family visits. Lawyers were sometimes denied access to their
clients. The ICRC and other human rights organizations were initially
denied access to the detainees, but subsequently granted access. On
September 30, another suspect was arrested in Abidjan in connection
with the alleged plot and extradited to Togo.
The six opposition members arrested after the 2005 election were
released from Kara civil prison during the year. During their
incarceration the Government permitted regular access to them by
international humanitarian organizations and the League of Togolese
Human Rights.

Civil Judicial Procedures and Remedies.--Both the constitution and
the law provide for civil and administrative remedies for wrongdoing,
but the judiciary did not respect such provisions, and most citizens
were unaware of them.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice. In
criminal cases a judge or senior police official may authorize searches
of private residences; in political and national security cases,
security forces need no prior authorization.
Citizens believed that the Government monitored telephones and
correspondence, although such surveillance was not confirmed.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the Government
continued to restrict these rights. Numerous journalists were fined or
sued, usually for defamation, and President Faure personally initiated
several lawsuits, which he subsequently dropped. Impunity for past
crimes against journalists encouraged self-censorship.
Although the Government did not officially censor individual
expression, persons were reluctant to criticize the Government publicly
or privately due to past violent reprisals by government agents and the
possibility of civil liability.
The High Authority of Audiovisuals and Communications (HAAC) was
established to provide for freedom of the press, ensure ethical
standards, and allocate frequencies to private television and radio
stations. Although nominally independent, in practice the HAAC operated
as the Government's censorship arm.
For example, following the disruption of the April 2009 alleged
coup plot led by Kpatcha Gnassingbe (see section 1.a.), the HAAC issued
an order banning all radio and television programs in which the public
was allowed to express its opinion; the ban was lifted a few days
later.
In October the Government passed a law that provides the HAAC with
the power to impose severe penalties, including suspending publications
for up to six months, withdrawing press cards, and seizing equipment
from journalists responsible for ``serious errors.''
There was a lively independent press, most of which was heavily
politicized, with some highly critical of the Government. More than 25
privately owned newspapers were published with some regularity. The
official media heavily slanted their content in favor of the
Government.
On August 25, a criminal court judge banned indefinitely the
distribution of Tribune d'Afrique, a newspaper based in Benin but with
a bureau in Lome. The newspaper had published an investigative series
on the alleged involvement of Mey Gnassingbe, a half brother of the
president, in drug trafficking. The judge ordered the newspaper to pay
60 million CFA francs ($125,000) to President Faure and fined the Togo-
based editor and two reporters two million CFA francs ($4,166) each. On
August 25, defense lawyer Darius Atsoo filed an appeal, noting the
newspaper did not have a lawyer during the trial and was not able to
present a defense. Observers noted that the fines were excessive, and
that if upheld on appeal, could bankrupt the newspaper.
Information surfaced during the year that in December 2009 a Lome
court fined independent periodical Golfe Info 1.5 million CFA francs
($3,125) and ordered it to pay 82.3 million CFA francs ($17,450)
directly to the NIA; suspend all publication for two months; and
retract the offending September story and any subsequent coverage of
it. The original article had claimed that a celebrity who was allegedly
involved in drug trafficking had worked as a project officer for the
presidential administration.
Radio remained the most important medium of mass communication, and
there were approximately 100 radio stations, most of which were
privately owned.
Information surfaced during the year that military personnel in
July 2009 assaulted a reporter with the private FM Radio Metropolys;
the reporter had failed to heed the directions of military forces
deployed to a construction zone. After the beating, the journalist
called a demonstration, which was forbidden by authorities and
dispersed by gendarmes.
Unlike in the previous year, there were no reports the radio
journalists were suspended after criticizing authorities.
The Government-owned Togo Television was the only major television
station. Eight smaller television stations operated during the year.

Internet Freedom.--There were no known government restrictions on
access to the Internet or reports that the Government monitored e-mail
or Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
According to International Telecommunication Union statistics for 2009,
approximately 5.7 percent of the country's inhabitants subscribed to an
Internet service provider, and 15 percent used the Internet.

Academic Freedom and Cultural Events.--The Government intimidated
academics by maintaining a security force presence at the University of
Lome. According to students and professors, a government informant
system continued to exist, and undercover gendarmes attended classes.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, the Government generally restricted this right. The Government
prevented opposition supporters from meeting and forcibly dispersed
demonstrations on several occasions during the year, which resulted in
deaths.
On March 24, the gendarmerie fired tear gas into a crowd of
opposition supporters, who were beating an undercover gendarme
discovered among them. In the ensuing panic, several persons were
injured.
Following the March 24 violence, the minister of security decreed
that no further demonstrations, marches, or public meetings to protest
the election results would be tolerated. The Government subsequently
deployed police and gendarmes, who used tear gas to prevent
demonstrations. Although the ban remained in effect, the Government
allowed the opposition UFC party to conduct weekly Saturday marches and
Wednesday prayer vigils until August, when the Government again
enforced the ban.
On June 22, the gendarmerie used live ammunition, batons, and tear
gas to disperse protests over a 20 percent increase in fuel prices,
resulting in several deaths and numerous injuries.
On August 10, gendarmes used tear gas to disperse UFC supporters
who gathered at a church for their annual congress. Police equipped
with batons, tear gas, and live ammunition formed a line to block
access to the road leading to UFC headquarters. After the UFC held its
two congresses in early August, the Government denied permission for
the weekly Wednesday noon prayer vigil and an August 14 march and rally
at the beach.
No action was taken against security forces who in January 2009
severely beat students at the African School for Architecture and Urban
Planning, who were protesting school management and poor campus
security following numerous muggings of students.

Freedom of Association.--Under the constitution and law, citizens
have the right to organize associations and political parties, and the
Government generally respected this right in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the Department of State's 2010 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

Protection of Refugees.--The country's laws do not provide for the
granting of asylum or refugee status, but the Government has
established a system for providing protection to refugees. In practice
the Government provided protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened
on account of their race, religion, nationality, membership in a
particular social group, or political opinion.
In March and again in April approximately 300 Ghanaian refugees
fled a violent land dispute in northeast Ghana and crossed the border
into Togo, according to the UNHCR. Refugees reportedly outnumbered the
host community, and many of the refugees were living in schools and
other public buildings or staying in tents provided by the Government.
The Government facilitated local integration for longstanding
Ghanaian refugee populations that remained in the country. Most were
well integrated in host communities and required no humanitarian
assistance. A voluntary repatriation program for 508 Ghanaian refugees
remained unimplemented due to lack of resources.
The Government continued to provide temporary protection to
approximately 521 individuals who may not qualify as refugees under the
1951 Convention relating to the Status of Refugees and its 1967
protocol.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in the March 4
presidential election.

Elections and Political Participation.--On March 4, president and
ruling RPT candidate Faure Gnassingbe was reelected with 61 percent of
votes cast. The Constitutional Court rejected opposition claims of
fraud and vote buying, citing lack of evidence. International and
national observers monitoring the election declared it generally free,
fair, transparent, and peaceful. Unlike the 2005 presidential election,
which resulted in approximately 400 deaths and the flight from the
country of an estimated 40,000 persons, the March election occurred
with minimal violence.
Political parties are required to provide 48-hour advance
notification to the Government for any public activity. They are also
subject to restrictions in calling for demonstrations or strikes, which
may be monitored by security forces.
The Government arrested opposition members during the year and
banned political demonstrations (see section 1.e.).
The UFC, the largest opposition party, split into two factions
following the March election, one led by presidential runner-up Jean
Pierre Fabre and the other led by UFC president Gilchrist Olympio, who
agreed to join the ruling RPT. As a result of a May 26 accord between
Olympio and the Government, President Faure named seven UFC ministers
to his cabinet. Competing UFC party congresses on August 10 and 12
formally ratified the split by excluding rival leaders from party
leadership. Noting the split, the Government banned UFC weekly marches,
justifying the action on the grounds that Fabre was no longer the legal
head or voice of the UFC.
The Government remained highly centralized. The national government
appointed officials and controlled the budgets of government entities
at all levels, including prefectures and municipalities, and influenced
the selection of traditional chiefs.
There were nine female members of the national assembly and seven
female ministers in the 32-member cabinet.
Members of the southern ethnic groups remained underrepresented in
both the Government and military.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
officials frequently engaged in corrupt practices with impunity.
According to the World Bank's Worldwide Governance Indicators for 2009,
government corruption was a severe problem.
Corruption was common among prison officials, police officers, and
members of the judiciary.
In July the customs office created a disciplinary committee to
investigate corrupt officers; however, the committee had not started
operating by year's end.
An independent court with an autonomous budget to oversee public
expenditures was established in September 2009; the court began
operations in July.
Officials were not subject to financial disclosure laws.
Although the press code provides for public access to government
information, the Government in the past did not permit access for
either citizens or noncitizens, including foreign media; however, the
Government provided some information during the year, including
postings on Web sites.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
sometimes cooperated, but typically were not responsive to NGO
recommendations.
There were several domestic human rights groups, including the
Togolese League of Human Rights, the Center for Observation and
Promotion of the Rule of Law, and the Togolese Association for the
Defense and Protection of Human Rights.
The Government generally cooperated with international governmental
organizations and permitted visits by UN representatives or other
organizations such as the ICRC (see section 1.c.).
A permanent human rights committee exists within the national
assembly, but it did not play any significant role in policymaking or
exercise independent judgment.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, religion, disability, language, or social status; however, the
Government did not enforce these provisions effectively.

Women.--The law criminalizes rape and provides for prison terms of
five to 10 years for those convicted. The prison term is 20 years if
the victim is a child under 14, is gang-raped, or if the rape results
in pregnancy, disease, or incapacitation lasting more than six weeks.
The law does not specifically outlaw spousal rape. Although the
Government was diligent in investigating reports of rape and
prosecuting suspects, victims were reluctant to report rape due to the
social stigma associated with being raped and fear of reprisal. Rape
was thought to be a widespread problem throughout the country. During
the year 22 persons were arrested for rape. At year's end all were in
prison awaiting trial, awaiting convictions to be formalized, or
serving sentences.
The law does not specifically prohibit domestic violence, and
domestic violence against women continued to be a widespread problem.
Police generally did not intervene in abusive situations, and women
were not aware of the formal judicial mechanisms designed to protect
them. Although there were no official efforts to combat domestic
violence, several NGOs were active in educating women on their rights.
A 1984 presidential decree prohibits sexual harassment and
specifically mentions harassment of female students; however,
authorities did not enforce the decree, and sexual harassment was a
problem throughout the society. While the law states that harassment is
illegal and can be taken to court, no specific punishment is
prescribed.
The Government recognized the right of couples and individuals to
decide freely and responsibly the number, spacing, and timing of their
children. Health clinics and local NGOs were permitted to operate
freely in disseminating information on family planning under the
guidance of the Ministry of Health. There were no restrictions on the
right to access contraceptives, but only about 11 percent of
inhabitants in urban areas used them. The Government did not provide
free childbirth services, and the lack of sufficient doctors meant most
women only used midwives for childbirth as well as for prenatal and
postnatal care, unless the mother or child suffered serious health
complications. Maternal mortality was 510 deaths per 100,000 live
births. Only heterosexual men and women received equal access to
diagnosis and treatment for sexually transmitted infections, including
HIV, but women were more likely than men to seek treatment and refer
their partners.
Although the law declares women equal under the law, women
continued to experience discrimination in education, pension benefits,
and inheritance. This was a consequence of traditional law, which
applied to the vast majority of women. A husband legally can restrict
his wife's freedom to work or control her earnings. In urban areas
women and girls dominated market activities and commerce; however,
harsh economic conditions in rural areas, where most of the population
lived, left women with little time for activities other than domestic
tasks and agricultural fieldwork. The labor code requires equal pay for
equal work, regardless of gender, but this provision generally was
observed only in the formal sector. There are no restrictions on women
owning property. Under traditional law a wife has no maintenance or
child support rights in the event of divorce or separation and no
inheritance rights upon the death of her husband. Otherwise, women can
own property with no special restrictions. Polygyny was practiced.
Women did not experience economic discrimination in access to
employment, credit, or managing a business.
The Ministry of Social Action and National Solidarity, along with
independent women's groups and concerned NGOs, campaigned to inform
women of their rights. In September President Faure launched a campaign
to improve women's health and reduce infant mortality; the president
also pledged financial support to the effort.

Children.--Citizenship is derived either from birth within the
country's borders or from the father's citizenship. If the father does
not have a nationality or it is unknown, the mother's citizenship
transfers to the child.
School attendance is compulsory for both boys and girls until the
age of 15, and the Government provides tuition-free public education
from nursery through primary school; however, parents were required to
pay for books, supplies, uniforms, and other expenses. According to the
UN Children's Fund (UNICEF), although 92 percent of boys and 85 percent
of girls started primary school, only an estimated 58 percent of boys
and 41 percent of girls finished. For secondary school, the net
enrollment was 34 percent for boys and 12 percent for girls, but only
19 percent of boys and 9 percent of girls completed secondary school.
Child abuse was a widespread problem. Although the law explicitly
prohibits sexual exploitation of children and child prostitution, the
law was not effectively enforced. There was no statutory rape law. The
Government continued to work with local NGOs on public awareness
campaigns to prevent exploitation of children.
The law prohibits FGM, which was perpetrated on approximately 6
percent of girls, according to UNICEF. It was believed the practice had
decreased significantly in urban areas since the 1998 anti-FGM law was
passed. The most common form of FGM was excision, which was usually
performed on girls a few months after birth. Most of the larger ethnic
groups did not practice FGM. Penalties for practitioners of FGM ranged
from two months to five years in prison as well as substantial fines.
However, the law rarely was applied because most FGM cases occurred in
rural areas where awareness of rights was limited. Traditional customs
often took precedence over the legal system among certain ethnic
groups. The Government continued to sponsor educational seminars
against FGM. Several NGOs, with international assistance, organized
campaigns to educate women of their rights and on how to care for
victims of FGM. NGOs also worked to create alternative labor
opportunities for former practitioners.
According to several international organizations, child marriage,
especially in the north and among Muslims, existed on a small scale.
Cases were often not reported as parents freely gave their children in
marriage.
A private radio station, Radio Zephir, sponsored by the
international NGO Plan International and partially subsidized by the
Government, broadcast a weekly program for children titled ``Children
Also Have Rights.''
In January 2009 the Government established a toll-free line for
persons to report cases of child abuse and to seek help. The line
provides free information on the rights of the child and legal
procedures. The Government also established school curriculum to
educate children on human rights and, working with UNICEF, trained
teachers on children's rights.
In 2007 the Government implemented the country's first child code,
which provides for the protection of children's economic,
psychological, and moral rights and includes national and international
standards intended to protect children. The code prohibits child
trafficking, child prostitution, child pornography, the employment of
children in armed conflict and other worst forms of child labor,
including the selling of children for sexual exploitation, forced
labor, or servitude. Government efforts to implement the code resulted
in the release in 2009 of hundreds of children from service as
assistants to traditional healers. A 2009 ILO program continued to
raise awareness of and rescue children from enforced labor.
Orphans and other needy children received some aid from extended
families or private organizations but little from the Government. There
were social programs to provide free health care for poor children.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--The Jewish community was very small, and there were
no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with physical, mental, and sensory disabilities in
employment, education, access to health care, or in the provision of
other state services, but the Government did not effectively enforce
these provisions. There was no overt government discrimination against
persons with disabilities, and such persons held government positions,
but societal discrimination against persons with disabilities was a
problem. The Government does not mandate accessibility to public or
private facilities for persons with disabilities, although some public
buildings had ramps. While the law nominally obliges the Government to
aid persons with disabilities and shelter them from social injustice,
the Government provided only limited assistance.
The Agency for Handicapped Persons, under the Ministry of Social
Action and National Solidarity, is responsible for protecting the
rights of persons with disabilities. During the year the ministry held
awareness campaigns against discrimination and to promote equality. It
distributed food and clothing and provided some skills training to
persons with disabilities.

National/Racial/Ethnic Minorities.--The relative dominance in
private sector commerce and professions of members of southern ethnic
groups, and the relative prevalence in the public sector, particularly
in the security forces, of members of the former and current
presidents' Kabye and other northern groups were sources of political
tension. Political parties tended to have readily identifiable ethnic
and regional bases. The RPT party was more represented among northern
ethnic groups than among southern groups; the reverse was true of the
UFC and CAR opposition parties.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law provides that a person
who engages in a homosexual act may be punished by one to three years'
imprisonment and fined 100,000 to 500,000 CFA francs ($208 to $1,041).
Eight persons were arrested for ``indecent assault'' and were in prison
awaiting trial at year's end.
There was societal discrimination based on sexual orientation.

Other Societal Violence or Discrimination.--A 2005 law prohibits
discrimination against persons infected with HIV/AIDS, and the
Government sponsored broadcasts aimed at dissuading discrimination.
However, persons infected with HIV/AIDS continued to face significant
societal discrimination.
Section 7. Worker Rights

a. The Right of Association.--The constitution and law provide
workers, except security forces (including firefighters and police),
with the right to form and join unions, and they exercised this right
in practice. Approximately 60 to 70 percent of formal sector workers
were union members or supporters.
The constitution and law provide most workers with the right to
strike, including government health workers; however, striking health
care workers may be ordered back to work as necessary for the personal
security and wellbeing of the population. The 2006 labor code prohibits
retribution against strikers by employers. In December 2009 culinary
employees at the Sarakawa Hotel went on a 48-hour strike to demand
year-end bonuses. The strike ended when management agreed to their
demands.

b. The Right to Organize and Bargain Collectively.--The
constitution and the labor code nominally provide workers the right to
organize and bargain collectively; however, the Government limited
collective bargaining to producing a single nationwide agreement to be
negotiated and endorsed by representatives of the Government, labor
unions, and employers. All formal sector employees were covered by the
collective bargaining agreement that set nationwide wage standards for
all formal sector workers. The Government participated in this process
both as a labor-management mediator and as the largest employer in the
formal sector, managing numerous state-owned firms that monopolized
many sectors of the formal economy. Individual groups in the formal
sector could attempt to negotiate agreements more favorable to labor
through sector-specific or firm-specific collective bargaining, but
this option was rarely used.
The Ministry of Labor, Employment, and Social Security failed to
enforce the prohibition against antiunion discrimination.
The law provides exemptions from some provisions of the labor code,
notably the regulations on hiring and firing for companies in the
export processing zones (EPZs). Employees of EPZ firms did not enjoy
the same protection against antiunion discrimination as did other
workers. Unions generally did not have free access to EPZs or the
freedom to organize workers there; however, in late 2009 the Government
allowed the creation of two unions representing workers from various
EPZ companies.

c. Prohibition of Forced or Compulsory Labor.--The labor code
prohibits forced or compulsory labor, including by children; however,
such practices occurred. Children sometimes were subjected to forced
labor, primarily as domestic servants, porters, and roadside sellers.
Children were also forced to perform agricultural work and beg. Women
were trafficked for prostitution or forced labor as domestic servants.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
labor code prohibits the employment of children under the age of 15 in
any enterprise, the employment of children under age 18 from working at
night, and requires a daily rest period of at least 12 hours for all
working children. However, the Government did not effectively enforce
child labor laws, and child labor was a problem. Some children started
work at age five and typically did not attend school for most of the
school year.
Children worked in both rural and urban areas, particularly in
family-based farming and small-scale trading, and as porters and
domestic servants, considered one of the worst forms of child labor. In
some cases children worked in factories. In agricultural sectors,
children assisted their parents with the harvesting of cotton, cocoa,
and coffee. Children were involved in the production of foodstuffs,
such as beans and corn, for consumption by the family.
The most dangerous activity involving child labor was in the
quarries, where children assisted their parents in crushing rock by
hand and carrying buckets of gravel on their heads. Such labor was not
sanctioned by the Government and occurred only in small, privately-
owned quarries. Reputable local NGOs reported that while quarry work
was strictly a weekend and holiday activity for most children, others
dropped out of school to work full time in the quarries.
For some types of industrial and technical employment, the minimum
age is 18. Inspectors from the Ministry of Labor, Employment, and
Social Security enforced these age requirements, but only in the formal
sector in urban areas. In both urban and rural areas, particularly in
farming and small scale trading, very young children traditionally
assisted their families. In rural areas, parents sometimes placed young
children into domestic work in other households in exchange for one-
time fees as low as 12,500 to 17,500 CFA francs ($26 to $36).
Children were trafficked into indentured and exploitative
servitude, which amounted to slavery.
The Ministry of Social Action and National Solidarity was
responsible for enforcing the prohibition against the worst forms of
child labor. In 2007 the National Assembly adopted the child code that
prohibits the employment of children in the worst forms of child labor,
including trafficking, prostitution, pornography, and the use of
children in armed conflict. Due to limited resources, the enforcement
of child labor laws was weak. The ministry funded a center for
abandoned children and worked with NGOs to combat child trafficking.
The ministry frequently held workshops in collaboration with UNICEF,
the ILO, NGOs, labor unions, and other partners to raise awareness of
child labor in general and forced labor in particular.
For information on child trafficking, also see the Department of
State's annual Trafficking in Persons Report at www.state.gov/g/tip.

e. Acceptable Conditions of Work.--The Government sets minimum
wages for different labor categories, ranging from unskilled through
professional positions. There was no minimum wage for workers in the
informal sector. In practice employers often paid less than the
official minimum wage, mostly to unskilled workers. In August 2008 the
Government raised the official monthly minimum wage from 10,000 to
16,000 CFA francs ($20 to $33) to 28,000 CFA francs ($58). However, the
new wage did not provide a decent standard of living for a worker and
family. Many workers supplemented their incomes through second jobs or
subsistence farming. The Ministry of Labor, Employment, and Social
Security is responsible for enforcement of the minimum wage system,
especially in the private sectors, but it did not enforce the law in
practice.
Working hours of all employees in any enterprise, except for the
agricultural sector, normally are not to exceed 40 hours per week; at
least one 24-hour rest period per week is compulsory, and workers are
expected to receive 30 days of paid leave each year. Working hours for
employees in the agricultural sector are not to exceed 2,400 hours per
year (46 hours per week). The law requires overtime compensation, and
there are restrictions on excessive overtime work; however, the
Ministry of Labor, Employment, and Social Security's enforcement was
weak, and employers often ignored these provisions.
A technical consulting committee in the Ministry of Labor,
Employment, and Social Security sets workplace health and safety
standards. It may levy penalties on employers who do not meet the
standards, and employees have the right to complain to labor inspectors
of unhealthy or unsafe conditions without penalty. In practice the
ministry's enforcement of the various provisions of the labor code was
limited. Large enterprises are obliged by law to provide medical
services for their employees and usually attempted to respect
occupational health and safety rules, but smaller firms often did not.
Although workers have the legal right to remove themselves from unsafe
conditions without fear of losing their jobs, in practice some could
not do so. Labor laws also provide protection for legal foreign
workers.

__________

UGANDA

Uganda, with a population of 32 million, is a constitutional
republic led by President Yoweri Museveni of the ruling National
Resistance Movement (NRM) party. The 2006 presidential and
parliamentary elections were marred by serious irregularities. An
influx of arms continued to fuel violence in the Karamoja region,
resulting in deaths and injuries. The Lord's Resistance Army (LRA),
which relocated to the Democratic Republic of the Congo (DRC) in 2005,
continued to hold children forcibly abducted from the country. The
Governments of Uganda, Southern Sudan, and the DRC continued military
actions against the LRA in the DRC, Southern Sudan, and the Central
African Republic (CAR). There were instances in which elements of the
security forces acted independently of civilian control.
Serious human rights problems in the country included arbitrary
killings; vigilante killings; mob and ethnic violence; torture and
abuse of suspects and detainees; harsh prison conditions; official
impunity; arbitrary and politically motivated arrest and detention;
incommunicado and lengthy pretrial detention; restrictions on the right
to a fair trial and on freedoms of speech, press, assembly, and
association; restrictions on opposition parties; electoral
irregularities; official corruption; violence and discrimination
against women and children, including female genital mutilation (FGM),
sexual abuse of children, and the ritual killing of children;
trafficking in persons; violence and discrimination against persons
with disabilities and homosexual persons; restrictions on labor rights;
and forced labor, including child labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed politically
motivated killings; however, security forces killed demonstrators,
suspects, detainees, and other citizens. Some deaths occurred as a
result of torture.
Security forces killed suspects while in custody or during
questioning.
For example, on March 23, police in Hoima District arrested Ibrahim
Massa, officer in charge of Songa Police Post in Kyangwali subcounty,
together with junior officers David Barongo and Samuel Turinawe, for
beating to death suspect Gilbert Mukonyezi. Following a police
investigation Massa was released, while Barongo and Turinawe were
charged with manslaughter and released on bail pending hearing of their
case.
On May 17, police in Kampala arrested Rapid Response Unit (RRU)
police officers Disinga Abangu, David Mulwanira, and Alex Muhiirwe for
killing suspect Henry Bakasamba during questioning. Bakasamba died in
police custody at the Kireka Detention Center on May 14. Police
reported that investigations into the case were ongoing at year's end.
On August 20, police in Gulu District arrested police officers Joe
Okello, Steven Otim Mulema, and Collin Ayella for the death of Calvin
Ocwee, who was arrested and allegedly tortured to death for stealing a
motorcycle. A court charged the officers with murder and remanded them
to prison pending trial.
Security forces' use of excessive force, including the use of live
ammunition, to carry out law enforcement operations or disperse
demonstrators resulted in deaths.
For example, on March 17, members of President Museveni's advance
team fired into a crowd gathered at the Buganda Kingdom's Kasubi Tombs,
after a fire destroyed the tombs on March 16. Cornelius Kayanja, Haruna
Kakumba, and an unidentified person were killed, and five others
injured. On December 2, a government commission began investigating the
incident, but no action was taken by year's end.
On April 2, two special police constables (SPCs) in Kisoro beat to
death Evaristo Mihigo for allegedly resisting arrest. On April 7, a
court in Kisoro charged the officers with murder and remanded them to
prison. On July 9, the court dismissed the case due to lack of
evidence.
On September 12, police in Bugiri fired live bullets to disperse a
crowd during the NRM party primary elections. One person was killed.
There were no reports of an investigation or disciplinary action.
On September 7, police in Hoima used live ammunition to break up a
strike at the British America Tobacco (BAT) Uganda. Dennis Bazara and
Benard Byabasaija were killed, and several others wounded. Authorities
arrested police officers Augustine Kasangaki, Luke Mbusa, and Romeo
Ojara for excessive use of force. On September 15, the Hoima Police
Disciplinary Court charged Kasangaki, Mbusa, and Ojara with
manslaughter and remanded them to prison (see section 7 b.).
Excessive force and the indiscriminate use of live ammunition by
security forces and the Uganda People's Defense Forces (UPDF) resulted
in deaths during cattle recovery and disarmament operations in the
Karamoja Region in the east.
For example, 13 Karamojong citizens, including six children, one
woman and two elderly persons, died during a January 4-7 UPDF operation
to recover rustled cattle in Kotido District. Witness statements
alleged that a helicopter gunship fired indiscriminately into livestock
and persons. During this operation the UPDF arrested 32 persons, some
of whom were allegedly tortured or mistreated while in detention.
At least five Karamojong citizens died during a January 22 UPDF
cattle recovery operation in Rengen subcounty of Kotido District.
Eyewitnesses reported that individuals killed were not armed and
included children. The UPDF reported that five alleged rustlers were
killed and one UPDF soldier wounded in the engagement.
At least 10 persons were killed in an April 24 cattle recovery and
disarmament operation in Lokitela'Angilam town in Rengen subcounty,
Kotido District. According to a joint UN Office of the High
Commissioner for Human Rights (OHCHR) and the Uganda Human Rights
Commission (UHRC) statement, the dead included six children and two
elderly men. During the operation, the UPDF allegedly fired small arms
and rocket propelled grenades indiscriminately. An internal UPDF
investigation of the incident reported that UPDF soldiers were
responding to an attack by 30-40 armed assailants.
In August the UPDF killed 29 Jie cattle rustlers in Nadunget,
Moroto District. UPDF's third division commander Brigadier Patrick
Kankiriho confirmed the incident, saying the rustlers refused to
surrender.
There were developments in some 2009 cases involving deaths caused
by government security forces.
In January 2009 security agents in Bukedea District reportedly
tortured to death David Okwi, a member of the opposition party Forum
for Democratic Change (FDC). In February 2009, the FDC petitioned the
Uganda Human Rights Commission (UHRC) to investigate Okwi's death. In
November 2010, the UHRC concluded its investigation, and the case was
pending a hearing before the UHRC tribunal at year's end.
At year's end investigations continued in the following 2009 cases:
the February killing of William Byamugisha and Daniel Tumwine, the
February killing of Mucunguzi Katongole, the February beating and
subsequent death of prison inmate Emmanuel Tindimwebwa, the March
shooting deaths of Joseph Denaya and Cosmas Data, and the August death
of Ali Katende while in police custody.
The Government took no action to investigate security force
handling of the September 2009 riots in Kampala that resulted in at
least 40 deaths. On September 8, the High Court denied an appeal for
bail by 23 individuals who were arrested during the riots and charged
with the capital offence of terrorism. In January civilian Abdallah
Byabasaija petitioned the High Court to compel the inspector general of
police (IGP) and the Government to compensate him for the death of his
wife, who was killed during the riots. The petition remained pending.
In June police in Arua District arrested Mobile Police Protection
Unit officer Ben Kiwanuka Drici, Charles Obuci, Celestine Mutahingwa,
and Patrick Okiror for allegedly torturing to death suspect Taban
Ramadan in December 2009. An investigation into the case was pending at
year's end.
Government security forces were punished for killings committed in
2008 and previous years. In January a court in Kabale District
sentenced police officers Difasi Buko and Michael Karuhize to 14 years'
imprisonment for the 2008 killing of Dalas Innocent Mutekanga. On July
6, a court in Kabarole District sentenced SPC Christopher Bahemuka to
nine years' imprisonment for the 2007 killing of Godfrey Bitamazire. In
January the UPDF's fifth division court martial sentenced to death UPDF
private Africano Abono Lino for the 2006 killing of seven civilians in
the Laguti Internally Displaced (IDP) camp. On April 13, a court in
Kabarole District sentenced former UPDF officer Moses Musinguzi to 16
years imprisonment for the 2006 killing of Erasmus Kalyega. On
September 27, the High Court in Gulu sentenced UPDF soldiers Michael
Onek Oloya and Francis Oryem each to 45 years in prison for the 2003
killing of Bicentina Lakot.
Unlike in previous years, there were no reports that members of
Local Defense Units (LDUs) were responsible for killings; however,
there were developments in several cases from previous years. On
February 5, the High Court in Lira District sentenced Peter Onini,
Geoffrey Engur, Alex Okaka, Ronald Adupa, and Moses Oyuku, former
members of the Amuka militia, to 25 years' imprisonment for the 2006
murder of David Odong at the Otwal Internally Displaced Persons (IDP)
camp. In November police submitted the file of LDU member Moses
Kabagambe to the state attorney for committal in the High Court for
allegedly killing Lauren Arinaitwe in 2009 in Kabarole District.
One terrorist attack occurred during the year. On July 11, an
attack by the Somali terrorist group al-Shabaab killed 76 persons in
Kampala. Al-Shabaab bombs killed individuals assembled to watch the
World Cup finals at an Ethiopian restaurant and a rugby club. The
Government arrested several dozen individuals in connection with the
bombings including, on September 15, Kenyan human rights activist al-
Amin Kimathi and Kenyan attorney Mbuga Mureithi. On September 18,
authorities released Mureithi without charge and deported him back to
Kenya. On December 1, authorities charged 17 persons, including
Kimathi, with terrorism, murder and attempted murder in relation to the
bombings and released 18 others. Hearing of the cases was pending at
year's end.
As in previous years, ritual killings of children and adults
resulted in deaths. The 2009 Police Annual Crime Report recorded a
total of 29 suspected ritual killings (see section 6).
Mob attacks against criminal suspects resulted in deaths during the
year. The 2009 Police Annual Crime Report recorded a total of 332 mob
action cases, many of which resulted in deaths. Witnesses rarely
cooperated with police, making investigation of such incidents
difficult.
For example, on February 22, a mob in Obopi village, Arua District,
beat to death a suspected witch doctor who was accused of killing two
persons from the same village.
In May a mob in Bugobi Trading Center in Namutamba District beat to
death three suspected robbers for allegedly breaking into a shop.
The trial of 11 suspects implicated in the beating death of
landlord Sam Kubo in 2009 was pending.
There were reports of increased cattle raids and societal violence
in the Karamoja Region. According to the UPDF and human rights groups,
cattle raids and the UPDF's forced disarmament campaign resulted in the
deaths of at least 90 civilians and 32 UPDF soldiers during the year.
As in the past five years, there were no reports of LRA attacks
within the country; however, the LRA killed numerous persons in the
DRC, CAR, and Sudan.

b. Disappearance.--There were no reports of politically motivated
abductions or kidnappings, but there were developments in past
disappearance cases.
In February the High Court ordered the Ministry of Internal Affairs
to conduct an inquiry into the disappearance and presumed death of
Lutaya Saidi, a street vendor allegedly arrested by the Joint Anti-
terrorism Task Force (JATT) in 2007. The Ministry of Internal Affairs
failed to conduct the inquiry within the prescribed 90 days, and there
were no further developments.
The whereabouts of at least six individuals identified in Human
Rights Watch's April 2009 ``Open Secret'' report remained unknown.
These individuals were allegedly arrested in 2008 and detained in the
Kololo Detention Facility (see section 1.d.).
As in the past five years, there were no reports of LRA abductions
in Uganda; however, the LRA abducted many persons in the DRC, CAR, and
Sudan.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were credible reports that security forces tortured and beat
suspects, some of whom died as a result (see section 1.a.).
The UHRC, the Foundation for Human Rights Initiative (FHRI), the
African Center for Treatment and Rehabilitation of Torture Victims
(ACTV), and other human rights organizations reported incidents of
torture by security forces, including caning, severe beating, squeezing
of private parts, stabbing, kicking, tying of limbs in contorted
positions, forced marching, and rape. From January to April the ACTV
registered 29 allegations of torture against the police, 19 against the
UPDF, three against military police, six against the Violent Crime
Crack Unit or Rapid Response Unit (RRU), 20 against unspecified
security personnel, and 59 against prison officials. In September the
Government approved payment of over one billion shillings ($431,592)
owed to victims of torture and other abuses; however, the Government
still owed victims 1.9 billion shillings ($820,025) at year's end.
In its 2009 annual report released in October 2010, the UHRC
reported registering 785 human rights complaints against 858
individuals, including 106 UPDF members, 285 police officers, 86 other
security agencies, 29 prison warders, and 343 private citizens. Of the
785 complaints, 31 percent involved allegations of torture or cruel,
inhuman, or degrading treatment and punishment.
There were numerous reports of torture and abuse in unregistered
detention facilities operated by the JATT and the Chieftancy of
Military Intelligence (CMI). Torture victims included political
activists and detainees.
FHRI cited two cases of torture in its August report ``Overview of
the Human Rights Situation in Uganda January-July 2010.'' On May 6, for
instance, police in Kampala arrested, detained, and allegedly tortured
Segilinya (full name withheld) for two weeks at Kitebi police post. On
May 21, a court in Nsanji charged Segilinya with stealing a bicycle and
remanded him to Kabasanda Prison. On May 15, police in Jinja arrested
Mayinja (full name withheld) on robbery charges. Mayinja claimed he was
beaten during three days of RRU detention.
On April 4, UPDF soldier Lt. Justine Engwau allegedly tortured
Nelson Okurut and Joseph Ikimyom after arresting them on robbery
charges in Kasoka village, Bukedea District. The UPDF allegedly denied
the victims access to medical care, even though they were in critical
condition. UHRC concluded its investigation into this incident, and the
matter was pending hearing before the UHRC tribunal at year's end.
The 2009 torture case filed by Hoima Mayor Francis Atugonza against
the CMI for alleged illegal detention and torture in a CMI ``safe
house'' was pending a Constitutional Court ruling at year's end.
Security force use of excessive force resulted in injuries during
arrests and law enforcement operations.
For example, on January 20, SPC Alfred Achikane allegedly shot and
injured local musician Moses Ssali, his body guard Abbas Kayoyo, and
Allan Masengere, Godfrey Kayiza, and David Oluka in Kampala. On
February 9, a court in Kampala charged Achikane with five counts of
attempted murder. On February 23, he was released on bail, and hearing
of the case was pending.
On March 22, SPC Patrick Tumusiime shot and injured civilian Abdul
Nsubuga during an operation to round up criminals in a Kampala suburb.
Police arrested Tumusiime and charged him with unlawful wounding.
Police later released Tumusiime pending an investigation of the
incident.
On March 19, police severely beat Forum for Democratic Change (FDC)
and Inter-Party Cooperation (IPC) women's leader Ingrid Turinawe and
assaulted other FDC members at the Kabale police station. A police
investigation accused Turinawe and others of trying to forcibly enter
the police station and claimed the officers' actions were justified. An
independent medical report confirmed that Turinawe suffered blows to
the head and body, and a lawsuit against the police filed by Turinawe
was pending at year's end.
Police beat and used pepper spray or mace against 33 female IPC
supporters on June 14. Four of the women were hospitalized due to blunt
force injuries and ingestion of a chemical substance. On the same day,
police charged two of the women, Ida Namukwaya and Eyoru Asala, with
assault of police officers. Hearing of the assault case began on
November 14 and was pending at year's end. On July 2, the IPC women
filed a counter suit in the High Court accusing the police officers of
assault. This case was pending hearing at year's end.
In July police arrested more than 60 members of the National
Alliance for Free and Fair Elections (NAFFE) and the Inter Party
Cooperation (IPC) for staging nationwide demonstrations against the
Electoral Commission. Police in Mbale and Bushenyi districts reportedly
beat protestors. Police confirmed that one officer beat protesters in
Mbale and said they would investigate the officer's actions. Results of
this investigation were pending at year's end.
In December Inspector General of Police General Kale Kayihura
suspended the Rapid Response Unit's Commander, Nathan Byona, and senior
police officers Nixon Karuhanga and Julius Kwikirizi over allegations
of torture, extortion, and mismanagement. There were no reports of
findings of the investigation at year's end.
There were no developments in any of the 2009 cases of security
force use of excessive force during arrests, law enforcement
operations, or to disperse demonstrators.
There was no update, for instance, on the March 2009 case in which
UPDF Major Otim Demoi Latek allegedly tied up and seriously beat
residents David Obonyo and Walter Okeny over a land dispute in Gulu.
Court proceeding into Corporal Swaleh Swaib and SPC Henry Mukasa's
alleged beating of four persons in July 2009 remained ongoing. One of
the four individuals died of his injuries.
The UHRC received complaints from individuals who sustained
injuries during the September 2009 riots (see sections 1.a. and 1.d.).
For example, a petition filed by Ssemukala Ismail alleged that security
force members shot him while he was closing his shop in Nateete,
disabling his left arm. Investigations into the incident were pending
at year's end.
There were no developments in the 2008 shooting of Masaba Bakari in
Muzulu village, Namutamba District, by SPC Eric Kiirya for defying
traffic police directives to stop.
In May the Uganda Law Society sued the attorney general for the
Director of Public Prosecution's (DPP) failure to prosecute Assistant
Prisons Superintendent Sam Edoru and senior police officer Ivan
Nkwasibwe for allegedly assaulting members of the society during the
paramilitary takeover of the High Court in 2007. The Government
paramilitary group known as the ``Black Mambas'' forcibly occupied the
court to prevent FDC leader Kizza Besigye from being released on bail.
A hearing of the suit was pending.
As in previous years, mobs attacked persons suspected of stealing,
ritual sacrifice, witchcraft, and other crimes, resulting in deaths and
injuries. Motivated in part by lack of confidence in law enforcement
and the judicial system, mobs beat, lynched, burned, and otherwise
brutalized their victims (see section 1.a.).
The Government continued to prosecute citizens for their alleged
involvement in the 2009 September riots. The 2009 Police Annual Crime
Report recorded 210 offenses against public order during the September
riots. Of these, 112 cases were prosecuted, with 20 convictions and one
acquittal. 91 cases remain pending.

Prison and Detention Center Conditions.--Prison conditions remained
poor and, in some cases, life threatening. There were reports that
security forces tortured inmates, particularly in military facilities
and unregistered detention centers. Abusive forced labor in prisons
countrywide remained a problem.
Prison conditions came closest to meeting international standards
in Kampala, where medical care, running water, and sanitation were
provided; however, these prisons were among the most overcrowded.
Serious problems in prisons outside Kampala included long remand
periods, overcrowding, inadequate staff, and lack of food, water,
medical care, and bedding.
The Uganda Prisons Service reported there were 30,312 prisoners in
the prison system at the end of August, approximately three times
capacity. Severe overcrowding was also a problem at juvenile detention
facilities and in female wings of prisons. The Kampala Remand Home,
designed for 45 children, held 110. The Naguru reception center,
designed for 30 prisoners, held 150 juveniles. The Prisons Service
recorded 103 prisoner deaths nationwide from torture, overcrowding,
malnutrition, poor sanitation, disease, overwork, and lack of medical
care.
Information was unavailable on conditions in unregistered
facilities, although authorities allowed the UHRC and some
international NGOs access to selected unregistered facilities.
Prison authorities reported that the three suspects who allegedly
strangled to death prisoners Geoffrey Akandwanaho, Fred Mugisha, and
Ephraim Nankunda in 2008 were released on court bond in March 2009, and
their trial hearing was pending at year's end.
Female prisoners in central prisons were held in separate
facilities; however, services and facilities for female prisoners in
local prisons, including separate cells, were lacking in some areas.
The Prisons Service had no budget for accommodating pregnant women or
mothers with infants; the number of infants in women's prisons
increased during the year. Due to lack of space in juvenile facilities,
minors were held in prisons with adults. Pretrial detainees in Kampala
prisons were separated from convicted prisoners, but pretrial detainees
and convicted prisoners in the rest of the country were sometimes held
together. Local NGOs reported that prisoners and detainees had
reasonable access to visitors and were allowed to submit complaints.
Prison authorities acknowledged a backlog in the investigation of
complaints. Authorities allowed international NGOs, foreign diplomats,
and local NGOs, principally the FHRI and the Uganda Prisoners' Aid
Foundation, to conduct prison visits during the year but required
advance notification.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit such practices; however, members of the security forces
arrested and detained citizens arbitrarily during the year.

Role of the Police and Security Apparatus.--The Uganda Police Force
(UPF), under the Ministry of Internal Affairs, has primary
responsibility for law enforcement. The UPDF is charged with external
security but had significant responsibility for preventing violence
resulting from interclan cattle raids in the Karamoja Region. The
Internal Security Organization (ISO) and External Security Organization
(ESO), which are security agencies and intelligence-gathering entities
under the minister of security, occasionally detained civilians. The
CMI is legally under UPDF authority, although it often acted as a
semiautonomous unit in detaining civilians suspected of rebel and
terrorist activity, as did the ISO and ESO. The Joint Anti-terrorism
Taskforce (JATT), an interagency paramilitary group under the CMI, has
no codified mandate but illegally detained civilians suspected of rebel
and terrorist activity. The JATT is a joint command whose members are
drawn from the UPDF, police, ISO, and ESO.
The UPF continued to be constrained by limited resources, including
low pay and lack of vehicles, equipment, and training. The UPF Human
Rights Desk investigated complaints of police abuses, including
mismanagement of case papers, torture and harassment, unlawful arrest
and detention, abuse of office, irregular or discreditable conduct, and
corrupt practices. The UPF reported receiving 1,296 allegations of
human rights violations and unprofessional conduct between January and
September and stated it took action in response to 330 of these cases.
The UPDF continued efforts to transfer responsibility for law
enforcement in the north and in the Karamoja region to the UPF. During
the year the UPF deployed an estimated 2,000 additional police officers
to Karamoja.
In conjunction with the UHRC and international organizations
including the ICRC and the OHCHR, the UPDF and police continued to
train officers on internationally recognized human rights standards.
During the year 224 police officers attended human rights and
constitutional workshops. The police, UPDF, and Prisons Service also
used human rights manuals in their training programs.

Arrest Procedures and Treatment While in Detention.--The law
requires that judges or prosecutors issue search warrants before
arrests are made; however, in practice, suspects often were taken into
custody without warrants. The law requires suspects to be charged
within 48 hours of arrest, but suspects frequently were held longer.
Suspects arrested under the Antiterrorism Law must be brought to trial
or released on bail within 120 days (360 days for a capital offense);
however, if the case is presented to the court before the expiration of
this period, there is no limit on pretrial detention. Detainees must be
informed immediately of the reasons for their detention, although
authorities did not always do so. The law provides for bail at the
discretion of the judge, and bail was generally granted with stringent
conditions. Detainees are required by law to have access to a lawyer;
however, many went without legal representation. The Government
provided attorneys for indigent defendants accused of capital offenses.
The law provides for family visitation, but incommunicado detention
remained a problem. According to the African Center for Treatment and
Rehabilitation of Torture Victims (ACTV), the military police held
three civilians incommunicado in January. In its April 2009 report,
Human Rights Watch (HRW) noted that ``JATT personnel frequently
blindfolded, handcuffed, and sometimes beat suspects being taken to the
Kololo detention facility. Detainees had no access to lawyers or family
members and only learned of their whereabouts from other detainees or
by spotting Kampala landmarks visible from the Kololo facility.''
Mass arrests during police sweeps for criminals remained a problem,
as did arrests based on alleged sedition, treason, incitement of
violence, or terrorism.
Local NGOs received complaints of illegal detention from four
individuals allegedly detained by the RRU at the Kireka Detention
Center following the July 11 terrorist bombings in Kampala. Three
suspects were released without charge. The fourth suspect was still
detained at year's end.
On March 25, police and the UPDF arrested 200 persons in Mubende,
allegedly to curb insecurity stemming from increased local burglary and
murder rates. Police reported that four persons were charged with
murder and robbery, while the rest were released without charge.
On August 30, police in Lwengo District, in the central region,
arrested more than 30 citizens allegedly hired to incite violence
during NRM primary elections in Kinoni. Police released the suspects on
September 1 without charge.
Persons suspected of sedition, treason, incitement of violence, or
terrorism were subjected to numerous abuses, such as detention without
charge, detention in unofficial locations, and mistreatment, including
torture (see subsections 2.a. and 2.b.).
The Prisons Service held 16 pretrial treason suspects during the
year. Fourteen of the suspects were arrested in 2009 for allegedly
forming the Uganda Patriotic Front rebel group.
The UHRC received complaints during the year from persons who
claimed they were arbitrarily arrested. The Government paid
compensation to some victims of arbitrary arrest during the year, but
compensation was often slow. There were no developments in the 2008
petition filed by former UHRC chairperson and current UN Special
Rapporteur for Human Rights Defenders Margret Sekaggya to establish a
national fund to pay victims. Past compensation payments were made from
general government funds administered by the Ministry of Justice and
Constitutional Affairs.
Human rights groups continued to express concerns about the
treatment of individuals arrested by the UPDF in Karamoja in
conjunction with the UPDF's response to cattle raids and the
Government's disarmament campaign (see section 1.a.).
Local and international human rights groups reported the Government
detained civilians in military facilities and unregistered detention
facilities known as safe houses, where they often were held
incommunicado.
The UHRC reported progress in inspecting military places of
detention including Kigo, Makindye, and Gulu fourth division military
barracks. The UHRC reported it can access these military facilities but
only with advance notification. The UHRC also reported that it was able
to visit the Kololo safe house and found no evidence of torture or
abuse, although a formal report was not published.
There were developments in some cases that occurred in 2009. For
example, the RRU's director, Commandant Emmanuel Muhairwe, and two
deputies, Peter Kakonge and Emmanuel Bwembale, who were placed on leave
in October 2009 following allegations that RRU members illegally
detained the wife of a government employee at an unknown location for
more than a week, were reinstated and transferred to a different
office.
On September 21, the High Court rejected a bail application
submitted by a group of 14 prisoners arrested between September 2008
and May 2009 for allegedly forming a rebel group entitled the Uganda
Patriotic Front and plotting to overthrow the Government.
During the year police arbitrarily arrested over 100 opposition and
civil society demonstrators demanding a new Electoral Commission,
electoral reforms, and free and fair elections (see section 2.b.).
Case backlogs in the judicial system contributed to pretrial
detentions of two to three years but sometimes as long as seven years.
The Prisons Service reported that more than half of its approximately
30,000 inmates were pretrial detainees. The UHRC heard several cases
brought by prisoners challenging the length of their detention.

Amnesty.--Since 2000, the Government has offered a blanket amnesty
to former LRA and Allied Democratic Forces rebel combatants to
encourage defections. On June 14, parliament extended the mandate of
the Uganda Amnesty Commission for two years. Over 26,000 individuals,
more than half of whom are former LRA combatants, have benefited from
amnesty.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
this provision in practice; however, the president has extensive legal
powers of judicial appointment. The president appoints Supreme Court,
High Court, and Court of Appeal judges with the approval of parliament.
The president also nominates, for the approval of parliament, members
of the Judicial Service Commission, who make recommendations on
appointments to the judiciary. The judiciary ruled against the
Government on several high profile cases during the year. Lower courts
remained understaffed, weak, and inefficient. Judicial corruption was a
problem (see section 4).
The military court system often did not assure the right to a fair
trial. Although the accused has the right to legal counsel, some
military defense attorneys were untrained. The law establishes a court
martial appeals process; however, sentences, including the death
penalty, can only be appealed to the senior UPDF leadership. Under
circumstances deemed exigent, a field court martial can be convened at
the scene of a crime. The law does not permit appeal of a conviction
under a field court martial. The military general court martial can try
civilians charged with crimes listed under the UPDF Act.

Trial Procedures.--An inadequate system of judicial administration
and a lack of resources resulted in a serious backlog of cases and
limited the right to a fair trial. All nonmilitary trials are public,
but juries are not used. Defendants have the right to be present and to
consult with an attorney in a timely manner, but cases may proceed
without defendants in civil cases. The law requires that the Government
provide an attorney for indigent defendants accused of capital
offenses, but there were rarely funds to retain adequate counsel. By
law defendants may confront or question witnesses against them and
present witnesses and evidence on their behalf, but this right was not
respected in practice. In 2008 the Constitutional Court ruled that
suspected criminals have a right to obtain documentary evidence the
state intends to use against them before the start of their trial. The
ruling struck down the practice of ``trial by ambush.'' However, the
ruling stated that the right of disclosure is not absolute in highly
sensitive cases. There is a presumption of innocence, and defendants
have the right of appeal.
Suspects complained of long remand periods. For example, in
February three UPDF soldiers facing murder charges--Emmy Namanya, Moses
Keriri, and Yason Babishanga--protested long detention in civilian
cells without charge. The soldiers alleged they were arrested in
Kampala between 2002 and 2004 but by year's end had not been tried. The
UPDF reported that the suspects were offered and applied for a plea
bargain that would permit the court martial to deduct pretrial time
served from their sentences; a hearing of the case was pending.
In September a total of 12 persons who were convicted of crimes as
minors but not sentenced sued the attorney general and the minister of
justice and constitutional affairs over their continued detention. The
individuals were arrested, charged, and convicted by various courts
between 1991 and 2001. After conviction their cases were referred to
the justice minister for sentencing because they were minors at the
time. Due to the minister's failure to determine a sentence, the
individuals were detained far beyond the maximum three years stipulated
in the 1998 Children's Act.
In September the Ministry of Justice and Constitutional Affairs
reported that more than 124,000 cases were prosecuted from previous
years and another 113,850 cases were registered in 2009. Of these,
100,084 cases were disposed of, while 137,689 were pending at year's
end.

Political Prisoners and Detainees.--There were no reports of
political prisoners during the year; however, over 100 opposition
politicians, supporters, or journalists critical of the Government were
detained on politically motivated grounds for short periods.
On October 12, the Constitutional Court cleared FDC leader Kizza
Besigye of pending treason, terrorism, murder, and illegal use of
firearms charges. The court determined that illegal detention, torture,
and other unconstitutional abuses by security services and the
Government irrevocably undermined the presumption of innocence and
right to a fair trial of Besigye and the nine coaccused.
In March lawyers representing treason convict Bright Gabula Africa
requested the High Court to declare Africa eligible for amnesty.
Africa's death sentence for treason was upheld by the Supreme Court in
1995. He remained imprisoned pending the outcome of his appeal to the
Presidential Advisory Committee on the Prerogative of Mercy, a largely
autonomous constitutional body. The High Court had not responded to the
request by year's end.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. In the case of a human rights
violation, there is access to the UHRC, which has the powers of a court
under the constitution. These powers include the authority to order the
release of detainees, payment of compensation to victims, and other
legal and administrative remedies, such as mediation. There were
problems enforcing domestic court orders.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions. However, police
did not always obtain search warrants, as required by law, to enter
private homes and offices.
The Antiterrorism Act authorizes certain law enforcement officials
to intercept communications to detect and prevent terrorist activities.
The Government continued to monitor telephone conversations. On August
5, President Museveni signed into law the Regulation of Interception of
Communication Bill, which authorizes government security agencies to
legally tap private conversations as part of wider efforts to combat
terrorism-related offenses.
The Government continued to encourage university students and
government officials to attend NRM political education and military
science courses known as ``chaka mchaka.'' The Government claimed the
courses were not compulsory; however, human rights activists reported
that civil servants and students were pressured to attend.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the Government at
times restricted these rights. The police Media Crimes Unit and
government officials closely monitored all radio, television, and print
media, and the Government at times harassed and intimidated
journalists, who continued to practice self-censorship.
On May 2, HRW released a report that documents violations of press
freedoms by the Government and ruling National Resistance Movement
party officials. The report says the Government ``deploys a wide range
of tactics to stifle critical reporting, from occasional physical
violence to threats, harassment, bureaucratic interference, and
criminal charges.'' The report warns that use of these tactics
``threatens to fatally undermine media freedoms necessary for free and
fair elections.''
On August 25, the Constitutional Court upheld a petition submitted
by the Independent's managing editor Andrew Mwenda in 2005 and declared
the sedition law inconsistent with article 29 (1) of the constitution,
which provides for freedom of speech. According to local NGOs, 15
journalists, civil society activists, and political opposition members
face pending sedition charges.
Government officials detained and interrogated political leaders
who made public statements critical of the Government and used libel
laws and national security as grounds to restrict freedom of speech
(see section 3). The President's Office reportedly monitored political
talk shows, and the Government occasionally attempted to block
participation of opposition members on radio talk shows.
On March 29, police in Masaka District arrested Democratic Party
supporter Muhammad Kigongo on allegations he accused President Museveni
of being responsible for the March 16 fire that destroyed the Buganda
Kingdom's tomb site at Kasubi. A court in Masaka charged Kigongo with
sedition and released him on bail on March 31. The case hearing was
pending at year's end.
On April 1, police in Kasese District questioned and released on
police bond FDC supporter Joram Bintamanya for alleging that President
Museveni was responsible for the 2008 death of former Ministry of
Defense permanent secretary Noble Mayombo. On April 22, the state
prosecutor ordered the closure of the case for lack of recorded
evidence.
On April 1, police in Kabarole District arrested FDC supporters Tom
Mboijana and Prosper Businge for statements made on Better FM radio
accusing President Museveni of being responsible for the killing of
three civilians at Kasubi Tombs on March 17. Mbojoina and Businge
recorded statements and were released on police bond. Police
investigations continued, and hearing of the case was pending at year's
end.
On April 16, police in Kasese arrested Messiah FM Radio presenter
Charles Tumusiime and politicians Joram Kisembo and Isaac Hakiza over
statements made regarding the Kasubi Tombs fire during a radio talk
show. The police held the three suspects for eight hours before
releasing them without charge.
On May 8, Radio Nile FM radio panelist Titia Kamure allegedly
accused President Museveni of using ``guerrilla tactics'' in
redistricting decisions. Arua District police commander (DPC) Willis
Mutabingwa said Kamure's statements abused the president and summoned
her to record a statement. Kamure disregarded the summons, and the case
was pending.
On September 10, a group of motorcycle taxi drivers beat to death
freelance journalist Paul Kiggundu after he was seen filming the group
demolishing the house of another taxi driver in the southwestern part
of the country. The drivers accused Kiggundu of working for the police.
On September 21, police arrested five suspects in connection with
Kiggundu's murder and remanded them to prison. An investigation into
the case continued at year's end.
On September 13, unidentified assailants beat and killed Prime
Radio news presenter Dickson Ssentongo on his way to work in Mukono
District. Ssentongo was politically active and was running for a
position in the Democratic Party in the upcoming February 2011
elections. There were no arrests made in connection to the murder of
Ssentongo; police said an investigation in the incident continued at
year's end.
On November 5, police arrested Radio Hoima FM reporter Frederick
Makuru Muhamba for allegedly inciting violence by broadcasting
supposedly false information about the National Resistance Movement
party's internal primaries. On November 6, police released Muhamba on
bond, and hearing of the case was pending at year's end.
On October 5, a Kampala court dismissed the September 2009 sedition
charge against former Radio One presenter Robert Kalundi Sserumaga in
light of the August 25 Constitutional Court ruling on the
unconstitutionality of the sedition law. The hearing of a December 2009
petition filed by Sserumaga in the High Court to challenge his
dismissal and that of Radio Sapientia's Geoffrey Ssebagala was pending
at year's end.
There were some developments in previous cases of government
harassment of politicians.
On January 13, a court in Kampala postponed proceedings against
Democratic Party (DP) spokesperson Betty Nambooze pending the
Constitutional Court ruling on sedition. Nambooze was charged with
sedition in December 2009 for making statements with the intent to
generate public hatred, contempt, and dissatisfaction with President
Museveni.
The hearing of the December 2009 case against Hussein Kyanjo, a
parliamentarian and member of the opposition Justice Forum party, for
inciting violence during a December 2009 Buganda Kingdom conference was
pending, and he remained free on bail at year's end.
Several opposition politicians were denied access to the media.
For example, on January 30, Luo FM radio in Pader District refused
to host FDC President Kizza Besigye. Several other radio stations also
refused to host Besigye, including Beta FM in Masindi, Radio Hoima, and
Kapchorwa Trinity Radio. Several radio stations also refused to host
UPC President Olara Otunnu during his January tour of the western
region.
On May 26, Ibrahim Abiriga, Arua resident district commissioner
(RDC) blacklisted four regular guests of a Nile FM political talk show.
In a letter, Abiriga ordered Nile FM Radio's management to stop hosting
politicians Bernard Atiku (FDC), Nelson Cemari (UPC), former ambassador
Harold Acemah (UPC), and Titia Kamure (UPC). RDC Abiriga claimed that
some of the politician's statements threatened security. Nile FM
stopped hosting the politicians.
On October 8, the Government seized 500 copies of a new book
critical of President Museveni written by FDC President Besigye's
sister. On October 11, the Government acknowledged confiscating the
books for security reasons. The Government released the books on
October 20.
There were many privately owned publications and broadcast
stations, and the independent media were generally active and expressed
a wide variety of views, although they faced obstacles. Media laws
require that journalists be licensed and possess a university degree in
journalism or the equivalent. The law also grants the Media Council the
power to suspend newspapers. The Daily Monitor, the Independent
Magazine, and the Weekly Observer continued to publish articles
critical of the Government despite pending sedition cases against
members of their staff. The Government owned several daily and weekly
newspapers.
Government agents and political leaders affiliated with the ruling
party assaulted journalists during the year.
In June 9, police officer Mohammed Mundu assaulted and destroyed
the camera of Daily Monitor journalist Yusuf Muziransa for taking
pictures of a vigilante group known as the Kiboko Squad beating
opposition supporters in Kampala. On June 24, a court in Kampala
charged Mundu with assault and malicious damage to property and
remanded him to prison. On June 25, the court released Mundu on bail,
and hearing of the case was pending at year's end.
On September 6, Hassan Basajjabalaba, chairman of the NRM
Entrepreneur League, assaulted journalist Arthur Kintu while he took
pictures at an NRM conference in Kampala. On September 9, a court in
Kampala issued a criminal summons to Basajjabalaba to appear in court
over charges of assault; hearing of the case was pending at year's end.
The Government also arrested and harassed journalists, some of whom
were charged with criminal libel, sedition, and sectarianism.
For example, on February 3, authorities charged Daily Monitor
journalists Henry Ochieng and Angelo Izama with criminal libel for a
December 2009 article that compared President Museveni to Ferdinand
Marcos. On May 6, the magistrate's court in Kampala adjourned the case;
a hearing was pending.
On March 25, police in Kampala arrested Red Pepper journalists Ben
Byarugaba, Dalton Kaweesa, and Johnson Taremwa for publishing a story
titled ``Buganda Katikirro, Ministers Grilled at CID Headquarters for
Five Hours.'' On March 26, the suspects were charged with sedition and
released on police bond. On April 2, Inspector General of Police
General Kale Kayihura ordered the withdrawal of the charges.
On July 19, security forces in Kampala detained Kingdom FM radio
journalist Rogers Matovu under unclear circumstances. On July 24,
police released Matovu without charges. Matovu reportedly made critical
statements about President Museveni during a conversation with
unidentified persons during the African Union Summit in Kampala.
On August 2, police arrested and charged Timothy Kalyegira, an
online journalist, with sedition for publishing a conspiracy theory
blaming the military for the July 11 terrorist attacks in Kampala.
Police released Kalyegira on bond but confiscated his laptop and
passport pending further investigations.
On November 4, security personnel in civilian clothes allegedly
detained Radio Simba journalist Arafat Nzito for questioning about an
alleged call he received from the Middle East in December 2009 and for
posting antigovernment materials on the Internet. On November 11,
Nzito's lawyer filed a habeas corpus request for the Government to
produce the missing journalist in court. On November 12, Nzito was
released without charge (see section 1.b.).
On August 17, the Constitutional Court stayed an arrest warrant for
UPC President Olara Otunnu that was issued by a district court on
August 3 for his failure to respond to a police summons. Police issued
the summons to question Otunnu over allegations of sedition and
promoting sectarianism that arose from accusing President Museveni of
intentionally prolonging the country's 24-year conflict with the LRA
during an April 12 radio show.
Authorities also briefly detained a local radio journalist on July
19 for allegedly promoting sectarianism; a TV journalist on August 19
for filming immigration procedures along the country's border with the
DRC; a newspaper journalist on August 22 for allegedly publishing an
article critical of the Government; a radio journalist on September 6
for allegedly inciting violence; and two newspaper journalists on
September 25 for possible defamation charges.
The August 2009 case against Daily Monitor photo journalist Stephen
Otage, who was charged with criminal trespass for photographing former
inspector general of government (IGG) Justice Faith Mwondha outside a
courthouse without her permission, was pending at year's end.
Forgery charges against Daily Monitor journalists Daniel Kalinaki
and Henry Ochieng for the August 2009 publication of an alleged letter
from President Museveni remained pending at year's end.
There were no developments in the August 2009 sedition case against
Independent Magazine's managing editor Andrew Mwenda, senior editor
Charles Bichachi, and assistant news editor Joseph Were. The suspects
remained free on bail at year's end.
Local government officials restricted press freedom during the
year.
For example, on September 15, former IGG Justice Faith Mwondha
barred journalists from covering Jinja High Court sessions. Mwondha
accused journalists Frank Mugabi of the New Vision newspaper, Aldon
Walukamba of Uganda Radio Network, and Catherine Asiyo of Kiira Radio
of stalking her.
On September 15, police in Hoima District barred journalists from
covering the hearing of three police officers charged with killing two
striking workers of British American Tobacco (BAT) Uganda (see section
7. b.).
On September 17, Jinja District Council officials barred
journalists from covering a meeting in which the regional public
accounts committee was questioning councilors and municipality
technical team on possible cases of corruption.
In August Jinja Resident District Commissioner Apollo Bwebale
instructed all radio stations to stop conducting talk shows that are
critical of the Government. Several warnings were allegedly sent to
panelists who were regularly hosted on radio stations.
On August 16, the Nakawa Chief Magistrate Court issued an
injunction against all print and broadcast media houses in the country
prohibiting them from publishing information about the ongoing police
investigation into the July 11 terrorist bombings. Local media houses
vowed to ignore the ban, and the Magistrate's directive was not
enforced.
The Government restricted the operation of private media outlets.
In contrast with 2009, no radio stations were closed or suspended
during the year; however, the Government continued to restrict
independent television and radio stations that hosted opposition
political candidates critical of the Government. The ban on new radio
stations in Kampala was enforced reportedly because of limited
available frequencies; however, the ban was widely disregarded without
penalty.
Two of the four Kampala radio stations that the Uganda Broadcasting
Council (UBC) closed in September 2009 were allowed to reopen. The
Government allowed Radio Sapientia to reopen in September 2009 with
strict instructions not to broadcast political programs. The Government
allowed Ssuubi FM to reopen in January. On October 23, President
Museveni ordered the immediate reopening of the two frequencies of CBS
radio, and CBS began operation. The High Court hearing of a December
2009 petition filed by CBS employees seeking 3 billion shillings ($1.3
million) in compensation and general damages related to the
Government's closure of CBS remained pending at year's end.
On April 26, Presidential Press Secretary Tamale Mirundi demanded
apologies from a radio station for airing UPC president Olara Otunnu's
accusations that President Museveni prolonged and politically profited
from the LRA conflict. Mirundi warned there would be future
consequences for the station if it refused to apologize. The station
broadcast an apology on April 13 and 14.
The Talk Show on Radio Simba and the WBS television program Kibaazo
on Friday, which the Uganda Broadcasting Council shut down in September
2009, were not reinstated during the year. Several journalists,
including UBC TV Manager Mark Walungama and Charles Odongotho of Vision
Voice, who were fired after the September 2009 riots were not
reinstated to their jobs. Other journalists, including Manyo Matono and
Andrew Ben Kiwanuka of Radio Simba and Matayo Laoysius and Irene Kiseka
of Radio Sapiente, were reinstated but instructed not to report on
political issues.
There were developments in several 2008 cases of press freedom.
For example, on March 24, the High Court ordered the Government to
pay 30 million shillings compensation ($12,947) to WBS Television
journalists Timothy Sibasi and Francis Tumekwatsize for their 2008
beating by SPCs under the command of Laban Muhabwe. Payment to the
victims is pending.
There were no developments in the 2008 case against former Daily
Monitor editors Joachim Buwembo, Bernard Tabaire, Emmanuel Gyezaho, and
Robert Mukasa, who were charged with sedition in 2008 for articles
alleging that former IGG Justice Faith Mwondha filed false salary
claims. The suspects remained free on bail.
There were no developments in the 2008 sedition case against the
Independent Magazine's managing editor Andrew Mwenda, contributing
editor Charles Bichachi, and reporter John Njoroge, who published an
article alleging UPDF atrocities in 2003.

Internet Freedom.--Individuals and groups could generally engage in
the peaceful expression of views via the Internet, including by e-mail;
however, at times the Government restricted access. The 2006 ban on
access to radiokatwe.com, an antigovernment gossip Web site, remained
in place. Access to the Internet continued to increase during the year,
although due to lack of infrastructure, only 7.8 percent of the
population used the Internet at least monthly.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom; however, research clearance was
required in certain academic areas, such as history and political
science, and was difficult to obtain.
On December 13, Ethics and Integrity Minister Nsaba James Buturo
prevented the UHRC and OHCHR from screening a documentary on Ugandan
human rights defenders. Buturo alleged that the film promoted
homosexuality. In the film, one human rights defender criticized
Uganda's draft ``antihomosexuality bill'' for violating the rights of
Ugandan citizens by forcing health care workers to report individuals
believed to be gay or lesbian to authorities. In a December 15 press
conference, the UHRC defended the documentary and criticized Buturo for
violating the UHRC's constitutional independence.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law restricts freedom of assembly, and security forces
used excessive force, including live ammunition, to disperse
demonstrators during the year. Police permits are required for all
public meetings, demonstrations, and processions. In 2008 the
Constitutional Court nullified section 32(2) of the Police Act, thus
eliminating the requirement to obtain the written permission of the
inspector general of police before holding an assembly of 25 or more
persons. However, the Ministry of Justice and Constitutional Affairs
appealed the court's decision, which in effect stayed any action on the
court's ruling. By year's end no decision on the appeal had been made,
and police and local government authorities used the Police Act to
disrupt opposition party activities (see section 3).
The use of excessive force to disperse demonstrators resulted in
injuries (see sections 1.a. and 7.b.).
For example, on January 4, police deployed in the early morning
hours to prevent IPC members from assembling to protest the continued
closure of CBS radio and the Government's refusal to change the
Electoral Commission's top management.
On March 18, police in Kabale beat IPC women leader Ingrid Turinawe
and other IPC members for allegedly trying to enter a police station to
visit several IPC members arrested earlier in the day for alleged
unlawful assembly. Turinawe was subsequently hospitalized for several
days, and an independent medical evaluation confirmed that she had
received blows to the head and body. A police investigation determined
that police had acted appropriately, and no charges were filed.
On April 9, police in Mbale arrested UPC supporters Abas Wetaka,
Mike Kasola, Milton Wanambwa, and Andrew Kibongo for staging an illegal
demonstration to protest the sale of public park land. On April 12, a
court in Mbale charged the suspects with holding an unlawful assembly
and released them on bail. Hearing of the case was pending.
On June 9, police in Kampala blocked three IPC-organized rallies to
protest the composition of the Electoral Commission. Riot police and
members of the vigilante ``Kiboko Squad'' beat opposition supporters
while police looked on. Several supporters, including Sam Mugumya, an
aide to FDC leader Kizza Besigye, were injured. Police reported that
the IPC failed to notify authorities of the rallies and therefore
assembled illegally.
On June 14, police in Kampala injured IPC women Ingrid Turinawe,
Lilian Liz Masia, and Catherine Ddembe, as they demonstrated outside a
court house following the fourth postponement of the hearing of pending
illegal assembly charges. In July the injured women filed an
application in the High Court seeking the dismissal of Police Deputy
Director of Operations Grace Turyagumanawe and police officers Moses
Kafeero, Grace Akullo, and police spokeswoman Judith Nabakooba. Hearing
of the application was pending.
On July 10, police in Kampala fired shots into the air and used
teargas to disperse a rally organized by DP President Norbert Mao.
Police beat a civilian and later detained him at Kira Road police
station. The police said the DP had not sought permission to organize
the rally.
There were developments in several prior cases of freedom of
assembly.
In July 2009 in Luwero District, security forces shot and injured
Bugema Adventist Secondary School students Wilber Kwamboko Omara and
Miriam Adyelo, who were participating in a student demonstration
against poor food and corporal punishment. The same day police arrested
security force members involved in the shooting, including police
commander Eddie Kulany, community liaison officer Ibrahim Odroa, CID
chief Sulieman Kibuye, and SPCs Robert Oguti and Alex Ojambo. An
investigation continued at year's end.
On April 16, a court in Kampala acquitted 11 FDC youth supporters
who faced charges of holding an illegal assembly in August 2009. The
youth were arrested following a foiled protest calling for electoral
reforms. Grade 1 Magistrate Francis Dawa ruled the prosecution failed
to provide evidence that they were involved in unlawful assembly.
On March 2, a court in Kampala ordered the police to arrest Kampala
parliamentarian Erias Lukwago for disregarding three summonses to
appear in court to face charges of inciting violence during the 2009
September riots. Lukwago remained free on bail, pending hearing of the
case.
In March a parliamentary investigation into police conduct
confirmed claims that police assaulted MP Nabila Sempala and acted
unprofessionally while arresting other MPs in 2008. The report
recommended disciplinary action against Senior Superintendent of Police
William Muhairwe and the Senior Officer in Charge of Ndeeba Station
Noah Onyango. There were no reports that disciplinary action occurred.
On December 20, Richard Buteera, the Director of Public
Prosecutions (DPP) withdrew charges of unlawful assembly against 27
individuals. The suspects, including MPs Beatrice Atim Anywar and
Hussein Kyanjo and 25 others, were accused of participating in a riot
against the Mabira forest giveaway in 2007.
There were no developments in the 2008 case against opposition DP
members Domic Matovu Savio, Emmanuel Mugandusi, Samuel Mulindwa,
Margret Wazemba, and Ben Kiwanuka, charged with rioting, assault, and
firearms possession during a rally at their party headquarters. The
suspects remained free on bail.
The August 2009 unlawful assembly charges against MPs Hussein
Kyanjo, Erias Lukwago, and Beatrice Atim Anywar; DP youth wing vice
president Fred Mukasa; Issa Ssekito, chairman of the Kampala Traders
Association; and 17 others were pending.
On November 17, Ethics and Integrity Minister James Buturo informed
the Aga Khan-owned Serena Lakeside Resort Hotel in Kampala that the
Serena would be ``an accomplice to an illegality'' if it allowed a
November 18-20 regional NGO conference on health, HIV/AIDS,
reproductive rights, and human rights for East African sex workers to
proceed. Although there was no evidence of wrongdoing or illegality,
the Serena asked conference participants to leave, and the event was
cancelled.

Freedom of Association.--The constitution provides for freedom of
association, and the Government generally respected these rights.
In April civil society organizations petitioned the Constitutional
Court to challenge the 2006 NGO Registration Act, which requires most
NGOs, including religious organizations, to renew their registration
permits annually. The Constitutional Court failed to hear the petition
due to a lack of a quorum on September 3, and the hearing remained
pending. The Government established a committee to review the act in
2008, when enforcement of the law was temporarily suspended. By year's
end no action had been taken on the petition or by the committee.

c. Freedom of Religion.--For a description of religious freedom,
please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

Societal Abuses and Discrimination.--There were no reports of
societal abuses or discrimination based on religious belief or
practice, and prominent social leaders took positive steps to promote
religious freedom.

Internally Displaced Persons (IDPs).--According to the UNHCR,
147,401 IDPs remained in camps in northern Uganda's Acholi Region as of
August. All IDPs in the Lango and Teso regions had returned to their
homes by year's end. Conditions in IDP camps improved as a result of
the lowered IDP population; however, remaining IDPs still lacked
potable water, health care, schools and trained teachers, housing, and
land.

Protection of Refugees.--The laws provide for the granting of
asylum or refugee status, and the Government has established a system
for providing protection to refugees. However, in at least one
instance, the Government expelled refugees to a country where their
lives or freedom could be threatened on account of their race,
religion, nationality, membership in a particular social group, or
political opinion.
On July 14-15, Ugandan authorities forcefully deported
approximately 1,800 Rwandan asylum seekers from the Nakivale and Kyaka
II settlements under a bilateral arrangement with Rwanda. At least two
individuals were killed after jumping from trucks, and reports indicate
that approximately 40 children were separated from their parents.
The Government provides temporary protection to individuals who may
not qualify as refugees under the 1951 Convention and 1967 Protocol;
however, no individuals received such protection during the year.
As in 2009, some Kenyan refugees complained that the Government's
self-sufficiency policy, which requires refugees to become self-
sufficient by providing them with land to cultivate, was ineffective
because most refugees were merchants and businessmen, not farmers.
There is no path to naturalization for refugees in the country. The
Government's stance on local integration is that the constitution does
not allow time in country as a refugee to count toward the residency
requirement for naturalization. Between January and July, the
Government assisted the UNHCR in the voluntary repatriation of 2,246
refugees to Southern Sudan.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens exercised this right in
practice through generally free and fair elections based on universal
suffrage.

Elections and Political Participation.--The 2006 presidential and
parliamentary elections, the first multiparty general elections since
President Museveni came to power in 1986, were marred by serious
irregularities. Police recorded 450 cases of election-related violence
during the electoral period. More than 100 election challenges were
filed in the High Court and the Constitutional Court following the 2006
elections, including charges of bribery, intimidation, violence,
multiple voting, and ballot stuffing. The Ugandan Supreme Court agreed
that irregularities occurred but found that these irregularities did
not alter the 2006 presidential outcome and upheld President Museveni's
reelection by a 4-3 margin. Four by-elections were held during the year
to fill the seats declared vacant by the High Court in 2007, and
election monitors reported some irregularities.
The ruling NRM party operated without restriction, regularly
holding rallies and conducting political activities. Approximately 38
other parties were registered and allowed to function, although members
of some parties were subjected to political violence, and authorities
sometimes restricted opposition parties' ability to meet or
demonstrate. Political involvement was primarily concentrated within
the elite. Membership in the NRM conferred greater access to government
positions and resources.
In preparation for the 2011 general elections, several political
parties including the ruling NRM, DP, FDC, UPC, Peoples Progressive
Party, Social Democratic Party, Peoples Independent Party, Conservative
Party, and the Uganda Federal Alliance conducted primary elections
during the year. The elections were generally peaceful; however, the
primaries of the ruling NRM party were marred by bribery, other
election malpractice, and violence. Some opposition leaders were denied
access to the media during the year, but the Government claimed radio
stations that refused to air opposition views or candidates were
privately owned stations acting on their own authority (see section
2.a.).
Police arbitrarily arrested opposition members during the year (see
also section 2.c.).
For example, on January 18, police in Kampala arrested 33 female
IPC members after they tried to enter the Electoral Commission (EC)
headquarters to protest the appointment of EC Chairman Badru Kiggundu.
Police justified the arrests on the basis that the demonstration was
blocking public access to the commission premises. On January 19, a
court in Kampala charged the suspects with unlawful assembly; hearing
of the case was pending at year's end.
On March 18, police in Kabale arrested six opposition activists for
allegedly holding an illegal meeting prior to a March 22 parliamentary
by-election. From July 25-27, police arrested and later released
several dozen opposition supporters throughout the country for
protesting against the Electoral Commission. On August 19, police in
Kampala and Mbarara arrested and later released several opposition
protesters.
On October 9, police in Kampala arrested three individuals for
flashing the opposition FDC party's ``V'' symbol during Uganda's
official independence day rally. Two of these individuals were released
a few hours later, and the third was released on October 11.
On November 16, police in Moyo arrested and detained three persons
overnight for allegedly inciting violence at a Museveni rally by
carrying posters proclaiming ``No Ferry No Vote'' and ``No Road No
Vote.''
On December 16, police in Gulu arrested four individuals for
allegedly inciting violence by wearing blue galoshes, which police
interpreted as a symbol for an opposition FDC party self-defense
militia. Police released one of these individuals without charge on
December 17, and on December 22 charged the remaining three with
inciting violence and accepting a bribe from a political candidate and
released them on bail. Their cases were pending at year's end.
The hearing of the July 2009 case in which 19 DP members were
charged with criminal trespass, illegal assembly, and interfering in
police work was pending at year's end, and the suspects remained on
bail.
On October 25, Buganda Road Court cleared former Buganda Kingdom
deputy information minister Medard Lubega Segona of sedition charges
pending since September 2009.
While the Constitutional Court found the sedition law
unconstitutional on August 25 (see section 2.a.), hearings in the
following cases were not held and the cases remained pending: the
September 2009 case against UPC member Godwin Acai for statements he
made during an August 2009 Unity FM radio talk show; the September 2009
case against Democratic Party parliamentarian Erias Lukwago; the 2007
and 2008 cases against Makindye West parliamentarian Hussein Kyanjo;
and the 2008 case against Buganda Kingdom Deputy Information Minister
Medard Seggona Lubega and Buganda Central Civic Education Committee
chairperson Betty Nambooze.
The hearing of the August 2009 illegal assembly case against 11
members of the FDC youth wing was pending at year's end. The suspects
remained free on bail.
During the year the director of public prosecutions withdrew all
2008 and 2009 charges against FDC youth leader Abedi Nasser Obole, who
was first arrested in August 2008 for unlawful assembly and later
charged with threatening the EC chairman and four commissioners.
There were 102 women in the 333-member parliament. Of these, 80
held seats designated for women. There were 14 female ministers in the
president's 66-member cabinet. The deputy speaker and the deputy chief
justice of the Supreme Court were women.
The law requires elections through electoral colleges for the seats
reserved for special-interest groups in parliament: 80 seats were
reserved for women; five for organized labor; five for persons with
disabilities; and five for youth. However, the UPDF High Command and
President Museveni selected the 10 army representatives, and the five
persons with disabilities were selected by an electoral college
organized by a single government-supported NGO.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government investigated offenders; however, corruption was a
serious problem, and officials engaged in corrupt practices with
impunity. The Government selectively enforced financial disclosure
laws. Government agencies responsible for combating corruption include
the IGG, the Department of Public Prosecution (DPP), the Anticorruption
Division of the High Court, the parliamentary accounting committee, the
police CID, the Office of the Auditor General, and the Directorate for
Ethics and Integrity. Political will to combat corruption at the
highest levels of government remained weak, and corruption cases
remained pending for years. The World Bank's most recent Worldwide
Governance Indicators reflected that corruption was a severe problem.
A September 2009 study conducted by the Public Procurement and
Disposal of Assets Authority, which reports to the Ministry of Finance,
estimated that corruption in the public procurement process resulted in
an annual loss of 474 billion shillings ($205 million).
A number of government ministries, agencies, and high-level
officials were implicated in corruption. On May 11, the parliamentary
public accounts committee (PAC) completed a report of expenditures made
to support Uganda's hosting of the 2007 Commonwealth Heads of
Government Meeting (CHOGM). The bipartisan PAC report implicated
several senior government ministers for approximately $123 million in
unexplained and unauthorized CHOGM expenses. The report was not debated
in parliament or officially released to the public. During the year a
mid-level engineer was prosecuted for CHOGM related corruption.
On June 21, police arrested former National Social Security Fund
(NSSF) managing director David Chandi Jamwa as he was fleeing the
country. Authorities charged Jamwa with abuse of office and causing a
financial loss to the Government and remanded him to prison. A 2008 IGG
report implicated Jamwa and his former deputy Mondo Kangoyera in
mismanaging NSSF money. On September 23, the High Court's
Anticorruption Division cancelled Jamwa's bail and remanded him to
prison pending prosecution in the High Court. On June 29, police also
arrested NSSF's Chief Accounting Officer George Kyankunda for causing a
financial loss of more than 3 billion shillings ($1.3 million).
On July 7, President Museveni suspended the release of National
Agricultural Advisory Services funds for the 2010/11 financial year
after complaints of mismanagement, embezzlement, and corruption in the
implementation of the program. The Government had allocated 120 billion
shillings ($51.8 million) to help rural farmers. The president ordered
an audit of the program, and a report of the findings was pending at
year's end.
On August 29, the IGG reinstated the case against NSSF board
Chairman Geoffrey Onegi Obel, who was accused of causing a financial
loss to the Government of eight billion shillings ($3.45 million)
between 2004 and 2005. On September 16, the High Court honored Obel's
request to refer the case to the Constitutional Court for a
determination as to whether the High Court's Anticorruption Division
can try crimes that occurred prior to its 2009 establishment.
Corruption in the police force was a problem. Several officers
implicated in bribery and corruption were arrested and prosecuted; by
year's end, 17 police officers had been charged with corruption, and
none had been discharged or dismissed for accepting bribes.
Investigations into several police bribery charge cases were pending at
year's end.
On June 27, the Police Professional Standards Unit in Kampala
arrested traffic officers Jamil Kirunda, Innocent Obaa, Alfred Otim,
Patrick Dratoo, Evans Talemwa, and Patrick Ocen for extorting money
from motorists. In July the police released the suspects on police
bond, pending an investigation.
In August police in Kampala arrested Assistant Superintendent of
Police Gregory Mugisha on fraud charges. On August 25, the High Court
charged Mugisha with abuse of office and tampering with evidence during
investigations. The court released Mugisha on bail, and hearing of the
case was pending at year's end.
There were developments in some previous police corruption cases.
On February 5, the High Court in Kampala released police officers
George Kawuka, Robinson Okid, Samuel Wamakote, Livingstone Ojuk,
Serafino Ogwanga, Peter Olegi, and James Kakuru. They were charged in
December 2009 with accepting bribes from detainees to release them from
Kiboga District Police Station.
In May police in Gulu District suspended Robina Ocheng, officer in
charge of media and political crimes, after a court found her guilty of
stealing 1.7 million shillings ($733) that her supervisors had given
her for use in an undercover operation in September 2009.
In August police in Kampala arrested Criminal Investigation
Department (CID) detective Hope Atuhaire for stealing 19 million
shillings ($8,200) recovered from a suspect in 2008. In mid-August a
court in Kampala sentenced Atuhaire to two years in prison for theft.
Judicial corruption was a problem. Several magistrates were
arrested for soliciting and receiving bribes.
On February 4, Entebbe District police arrested grade 1 magistrate
Godfrey Bindeba for soliciting and receiving a bribe of one million
shillings ($431) from Felix Kintu to dismiss a forgery case. On March
9, a court granted Bindeba bail, and hearing of the case was pending at
year's end.
On February 16, police in Kisoro District arrested grade 1
magistrate David Cheptuke Kaye for receiving 100,000 shillings ($43)
from suspect John Bosco Nyundo in exchange for bail. A court remanded
Kaye to prison pending further hearings.
On July 21, police in Jinja District arrested grade 2 magistrate
Okitwi Odutu for taking a bribe of 100,000 shillings ($43) from Esther
Nabulime to release her brother Emmanuel Sembule, who was facing
robbery charges. On July 23, a court released Odutu on bail, and
hearing of the case was pending at year's end.
Grade 2 magistrate Moses Ndifuna, who in November 2009 was
sentenced to two years' imprisonment for soliciting and receiving
190,000 shillings ($82), remained on bail pending the hearing of his
appeal.
The anticorruption division of the High Court, which has three
judges and five magistrates on staff and can only hear corruption cases
referred by the IGG and DPP, convicted four individuals of corruption
during the year.
On June 29, the ACD sentenced Samson Bagonza, the Government chief
engineer to five years' imprisonment for abuse of office and causing a
financial loss of 1.6 billion shillings ($691,742). Bagonza had
approved unauthorized highway construction works during the 2007 CHOGM
preparations.
On August 13, the ACD sentenced Ministry of Health official Joseph
Isanga to five years' imprisonment for misusing 22 million shillings
($9,495) meant to purchase medical drugs. The court released Isanga on
bail pending an appeal.
On September 13, the ACD sentenced Kapchorwa District Town Clerk
Chemisto Alfred Mashandich and former town treasurer Martin Swami to
four years' imprisonment, and town treasurer Sammy Nelson to five
years' imprisonment for abuse of office and for causing a financial
loss of 66 million shillings ($28,485). The court ordered the men to
refund 28.6 million shillings ($12,343) and remanded them to prison
pending an appeal.
The four individuals convicted by the ACD in 2009 for stealing
money from the Global Fund to fight AIDS, tuberculosis, and malaria
were free on bail pending hearing of their appeals.
On September 9, the ACC granted bail to Winnie Musoke Kabogonza,
the police department's undersecretary and accounting officer, Dennis
Nyagweso, Dennis Twinamasiko, Alfred Okello, Ashe Kawooya, Primo
Nyokatre, and Harriet Kyomugisha, who were charged and remanded to
prison in August 2009 for failing to remove duplicate names and bank
accounts from the police payroll.
On May 17, the Constitutional Court rejected a 2009 petition filed
by former minister of health Jim Muhwezi and deputies Mike Mukula and
Alex Kamugisha, as well as former State House aide Alice Kaboyo,
claiming the IGG did not have the legal mandate to investigate them
over the alleged 2007 misappropriation of $8 million in Global Alliance
for Vaccines and Immunizations (GAVI) funds. In June the accused
appealed the Constitutional Court's ruling to the Supreme Court, and
the hearing was pending. The four have been on police bail since 2007.
There were no developments in the corruption case against solicitor
general Lucien Tibaruha and acting litigation director Joseph Matsiko,
who were indicted in 2007 for mismanagement resulting in financial loss
to the Government. Both Tibaruha and Matsiko remained suspended from
their positions.
There were no developments in the 2008 parliamentary investigation
into former IGG Justice Faith Mwondha's interventions in public
tendering processes and allegations that her salary was higher than
allowable under government policy; the IGG had not appeared before the
committee at year's end.
An estimated 17,000 public officials are subject to biannual
reporting under financial disclosure laws. The IGG reported that for
the 2009-10 cycle 16,909 officials reported. On May 27, the High Court
rejected an IGG application seeking the dismissal of the Ministry of
Health's principal accountant Nestor Gasasira and the seizure of his
assets for failing to account for his wealth. The judge opined that
Gasasira had not received a judicial hearing and that the Leadership
Code Tribunal, not the IGG, was mandated to recommend such dismissals.
The Supreme Court upheld the High Court's decision on August 24.
The law provides for public access to government information, and
the Government provided such access to citizens and noncitizens,
including foreign media.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally were receptive to their views. Active, independent domestic
groups included the FHRI, Human Rights Focus, Human Rights Network,
Human Rights and Peace Center of Makerere University, the International
Federation of Human Rights, the Justice and Peace Commission, the
Uganda Journalist Safety Committee, the Uganda Prisoner's Aid
Foundation, and the Uganda Association of Women Lawyers. Government
officials continued to attend conferences and seminars hosted by NGOs
on social problems and cooperated with NGOs on legal and prison
reforms.
In 2008, in response to NGO criticism and after consultation with
civil society, the Government established a committee to review the
2006 NGO Registration Act, which requires most NGOs, including
religious organizations, to renew their registration permits annually.
Enforcement of the law remained suspended during the review process,
pending the NGO petition in the Constitutional Court (see section
2.b.).
The Government cooperated with international governmental
organizations and permitted visits by UN representatives and
organizations such as the UN Office of the High Commissioner for Human
Rights and also the International Committee of the Red Cross (ICRC).
The UHRC is a permanent independent body with quasi-judicial
powers, although the president appoints the UHRC's seven-member board.
Under the law, the UHRC may subpoena information, order the release of
detainees, and order the payment of compensation for abuses. The UHRC
continued to pursue suspected human rights abusers, including in the
military and police forces, and had branches countrywide; however, its
resources were inadequate to investigate all complaints received.
In its 2009 annual report, released in October 2010, the UHRC
reported registering 785 human rights complaints against 858
individuals, including 106 UPDF members, 285 police officers, 86 other
security agencies, 29 prison warders, and 343 private citizens. Of the
785 complaints, 31 percent involved allegations of torture or cruel,
inhuman, or degrading treatment and punishment. The UHRC also examined
the country's draft antihomosexuality bill and determined that the
proposed legislation violates the Ugandan constitution and
international law. The report called on the Government to pass pending
antitorture legislation; improve prison conditions, particularly for
women and children; eliminate illegal detention and prolonged pretrial
detention practices; use murder statutes to prosecute cases of child
sacrifice; and provide security forces with increased human rights
education programming.
In its April 2009 ``Open Secret'' report, HRW called on the
Government to end all torture and mistreatment of detainees; stop
arrest and interrogation by unauthorized security forces, including
JATT; and release all detainees from the JATT headquarters in Kololo
and close it as a place of detention. For detainees in Kololo for whom
there is a legal basis for detention, HRW urged the Government to
immediately transfer them to police custody, where they could be
charged with a legally recognizable offense, if appropriate. HRW
further urged the Government to promptly inform the relatives of each
detainee of their whereabouts, condition, and the charges against them.
Those charged should be tried before courts that met international fair
trial standards. HRW also called on the Government to end impunity for
human rights violations of the right to life and fair trial; the right
to be charged before a judge within 48 hours of arrest; and freedom
from torture and mistreatment, arbitrary arrest, and prolonged
arbitrary detention.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status; however, the Government did not enforce the
law in matters of locally or culturally prevalent discrimination
against women, children, persons with disabilities, or certain ethnic
groups.

Women.--The law criminalizes rape; however, rape remained a serious
problem throughout the country, and the Government did not consistently
enforce the law. Although the Government arrested, prosecuted, and
convicted persons for rape during the year, the problem was
underreported, and most cases were not investigated. Police lacked the
criminal forensic capacity to collect evidence related to sexual
assault, which hampered prosecution and conviction. There were 619 rape
cases registered with the police in 2009, of which 240 went to court,
resulting in only 12 convictions.
On December 31, UPDF soldiers allegedly gang-raped Teddy Nakiru
while on patrol at a trading center in Moroto district. The arrest of
the soldiers and suspension of three unit officers, Major James Kasule,
Lt.Walter Olum, and Lt. Sanyu Kaserebe, for failing to report the crime
or take action against the soldiers were imminent at year's end, and
investigations into the incident were ongoing.
Domestic violence against women, including spousal abuse, remained
widespread, and reports of such incidents continued to increase. The
2009 police annual crime report listed 165 reported cases of domestic
violence, compared to 137 reported cases in 2008, an increase of 20
percent. These statistics greatly underestimate the extent of the
problem; in November United Nations Population Fund reported that 60
percent of women aged 15 and above experienced physical violence, 15
percent of women face violence during pregnancy, and 24 percent report
that their first sexual encounter was a forced one. Many law
enforcement officials viewed wife-beating as a husband's prerogative,
as did the majority of the population, and rarely intervened in cases
of domestic violence.
On March 17, President Museveni signed into law the 2009 Domestic
Violence Bill, which criminalizes domestic violence, expands protection
for victims, and provides penalties for abusers ranging from fines to
two years' imprisonment.
Between January and August, the Government arrested and prosecuted
15 persons for domestic violence offenses. For example, on February 2,
police in Masaka arrested Francis Kasekende for killing his wife Grace
Phoebe following a family argument. An investigation into the case was
pending. On July 12, police in Oyam District arrested Richard Otto for
killing his wife Janet Akot. On July 24, police in Kampala arrested
Apollo Dalton Nyangasi for killing his wife Christine Dambio.
Investigations into the cases were pending.
There were developments in domestic violence cases that occurred in
previous years. For example, on February 18, a court in Mukono District
committed former Mukono District police chief James Aurien to the High
Court for trial for the 2008 killing of his wife Christine Opolot. The
trial hearing was pending at year's end. In April the High Court in
Kabarole District convicted and sentenced Reuben Asiimwe to 21 years'
imprisonment for killing his wife, Peace Rodi, in 2005. On June 29, a
court in Mbarara District sentenced Boniconsilla Kyaratuhe to 12 years'
imprisonment for killing her husband in 2007. On September 16, the UPDF
third division court martial in Moroto District sentenced Judith
Koryang to death for killing her husband, UPDF Private Nelson Okello,
in May 2009.
There were no developments in the April 2009 case in which Richard
Tito Okello killed his wife Scovia Acayo following a family argument.
The law requires that bride prices be nonrefundable gifts to the
parents of the bride. Constitutional amendments in 2007 did not abolish
the practice, despite recommendations from civil society groups. On
March 27, the Constitutional Court dismissed a petition filed in 2007
by the Mifumi Project, a women's rights group that claims bride prices
impede the rights of a woman and exacerbate domestic violence. The
court dismissed the petition saying the group did not provide any
scientific evidence to prove the connection between bride price and
domestic violence. In April the Mifumi project appealed the ruling, and
a Supreme Court hearing was pending.
Although sexual harassment is prohibited with penalties of up to 14
years' imprisonment, it was a widespread problem, and the Government
did not enforce the law effectively. In April 2009 IGP General Kale
Kayihura created a committee to investigate allegations of abuse of
female police officers by senior male colleagues. Findings of the
committee had not been released by year's end.
No report was issued during the year by the committee established
in 2008 to investigate allegations that male lecturers in Makerere
University coerced female students into sexual acts as a condition for
receiving good grades.
There were no reports of findings by a team from the Ministry of
Health that investigated 2007 allegations of sexual harassment filed by
30 nurses against a senior staff member in Nakaseke Hospital.
There are no laws restricting couples or individuals from deciding
freely and responsibly the number, spacing, and timing of their
children; however, family planning information and assistance was
difficult to obtain, particularly in rural areas, where there were few
health clinics. A 2006 survey found that 41 percent of married women
had unmet family planning needs. There was no indication of
discrimination in diagnosis or treatment of sexually transmitted
infections, including HIV/AIDS. A January 2010 United Nations
Development Program (UNDP) report cites maternal mortality at 505
deaths per 100,000 live births.
The law requires that women be accorded full and equal dignity of
the person with men. However, discrimination against women continued to
be widespread, especially in rural areas where it was part of
traditional culture. Many customary laws discriminate against women in
adoption, marriage, divorce, and inheritance. Under local customary law
in many areas, women cannot own or inherit property or retain custody
of their children. Traditional divorce law in many areas requires women
to meet stricter evidentiary standards than men to prove adultery.
Polygyny, where one husband has several wives, is legal under both
customary and Islamic law, and, in some ethnic groups, men can
``inherit'' the widows of their deceased brothers. Women also
experienced economic discrimination. For example, a June study
conducted by local NGO Actionaid found that although women did most of
the agricultural work, they owned only 7 percent of the agricultural
land. Women also experienced economic discrimination in access to
employment, credit, income, business ownership, and senior or
managerial positions.
Eliminating gender inequality remained a high priority for the
Government, which, in conjunction with NGOs and women's rights groups,
sponsored workshops and training throughout the country to increase
awareness of women's rights.

Children.--Citizenship is afforded to children born in or outside
of the country if at least one parent or one grandparent held Ugandan
citizenship at the time of the child's birth. Children under the age of
18 who are abandoned in the country with no known parents are
considered to be Ugandan citizens, as are children under the age of 18
adopted by citizen parents.
The 2006 Uganda Demographic and Health Survey reported that only 21
percent of rural and 24 percent of urban children had their births
registered; however, lack of registration generally did not result in
denial of public services.
In 2008 parliament passed a law that provides for tuition-free and
compulsory education for the first seven years of primary school or
through high school for especially underprivileged students. Students,
except for the most underprivileged, still had to pay for school
supplies and some school operating costs, and many parents could not
afford the school fees. Boys were more likely to finish primary school.
The highest level of education achieved by most children was the fourth
year of primary school.
Child abuse remained a serious problem, particularly rape and
sexual abuse of girls.
According to the 2009 police annual crime report, defilement
remained the most common crime committed against children, with 7,360
cases recorded in 2009. The report also registered 3,126 cases of child
neglect, 754 of child desertion, 550 of indecent assault, 552 of
torture, 206 of child stealing, 49 of kidnapping, 46 of infanticide, 29
of child sacrifice, and 16 of child trafficking. The Government worked
with UNICEF and NGOs including Save the Children Fund and African
Network for the Prevention and Protection against Child Abuse and
Neglect to combat child abuse in the country.
There were isolated reports of corporal punishment in schools since
the 2006 ban on the practice. For example, in March police in Buikwe
District arrested Joseph Balyejjusa, a teacher of Progressive Primary
School, for beating to death student Chrizeston Ssekatawa. An
investigation into the incident was pending at year's end.
Sexual contact outside marriage with girls less than 18 years of
age, regardless of consent or age of the perpetrator, is considered
``defilement'' under the law and carries a maximum sentence of death;
however, such cases often were settled by a payment to the girl's
parents. According to police statistics, in 2009 there were 7,360
reported defilement cases, of which 4,433 went to court, with only 467
resulting in convictions.
Perpetrators of sexual abuse often were family members, neighbors,
or teachers.
In an effort to clear the backlog of cases, in 2007 the Government
amended the 2006 Magistrate's Courts Bill, giving chief magistrates the
authority to hear cases of rape of girls between the ages of 14 and 17;
the High Court continued to try cases involving rape of girls younger
than 14 years. In February 2009 the UPF announced that it would provide
free rape and defilement medical examinations throughout the country to
ensure that investigations were effectively carried out and
perpetrators prosecuted. Since the program began in March 2009, an
estimated 3,000 victims of rape and defilement have received free
medical examinations at Mulago hospital in Kampala.
The Sabiny ethnic group in rural Kapchorwa District and the Pokot
ethnic group along the northeastern border with Kenya practiced FGM,
despite local laws that prohibit the practice. On March 17, President
Museveni signed into law the 2009 Prohibition of Female Genital
Mutilation Bill. The law establishes that neither culture, religion,
nor the consent of the victim are allowable defenses and establishes
penalties of up to life imprisonment for the practice. The Government,
women's groups, and international organizations continued to combat the
practice through education. These programs, which received some support
from local leaders, emphasized close cooperation with traditional
authority figures and peer counseling. On July 29, the Constitutional
Court declared the practice of FGM unconstitutional.
Despite the Government ban, thousands of girls were subjected to
FGM over the year, with one newspaper article reporting that
approximately 820 girls were subjected to the practice in December
alone in the districts of Kapchorwa, Bukwo, Kween, and Amudat. The
police arrested several individuals involved in promoting the ritual.
For example, on November 31, police arrested Jennifer Katungo, Patrick
Chemonges, Flora Chebet, Juliet Chesewa, and Isaac Chemonges for their
involvement in FGM practice in Binyiny subcounty, Kween District.
Hearing of the case was pending. In December police arrested four girls
under the age of 16 and five parents for their involvement in an FGM
ritual in Kween District. The girls were released after questioning,
and the parents were sentenced to two months community service. In
December police in Bukwo District arrested Margret Chemutai, Brunei
Chematene, Boniface Kabunga, and Julius Malinga for practicing FGM. On
December 8, Chemutai pled guilty and was sentenced to four months in
prison for circumcising eight girls. Chematene, Kabunga, and Malinga
pled not guilty and were remanded to prison pending hearing of the
case.
Marriage of young girls by parental arrangement was common,
particularly in rural areas, although the legal age for marriage is 18.
Local NGO Concern for Children and Women Empowerment reported that
acute poverty forced some parents to give away their children,
including girls as young as 14 years, for early marriage and sexual
arrangements. A March 2009 UN report stated that 32 percent of
marriages involved underage girls.
Reports of the ritual sacrifice of children increased during the
year. For example, on June 18, police in Buikwe District arrested David
Mukulu, Jennifer Night, Laubeni Mande, Yuda Nakacho, John Baptist
Serwajjo, and Agnes Namanya for the ritual killing of three-year-old
girl Evera Mudaali on June 6 in Nyenga subcounty. On May 18, police in
Nakaseke District arrested Scovia Nalugo and Isma Kafeero for the
ritual killing of a three-year-old girl in Ngoma subcounty. On July 19,
police in Masaka District arrested John Lwahinda and Baker Muhwezi for
the ritual killing of three-year-old Marvin Mukiibi in Kalisizo
subcounty on June 30. The suspects from these cases were on remand in
prison pending investigations and hearings of the cases.
There were no developments in the March 2009 case in which Issa
Wayibi, Sebastian Musana, Bbumba Aramazan, and Daudi Byendala were
charged with the ritual killing of a girl, or the April 2009 case in
which John Okech and six family members were charged with the ritual
killing of a one-year-old girl. All suspects remained in prison pending
investigations and hearings of the cases.
On April 23, a court in Masaka acquitted businessman Godfrey Kato
Kajubi of charges of the ritual killing of 12-year-old Joseph Kasirye;
however, government prosecutors appealed the acquittal, and the case
was pending at year's end.
As in the past five years, there were no reports that during the
year the LRA abducted or conscripted children within the country.
However, an estimated 5,000 of 40,000 children abducted by the LRA in
previous years for use as laborers, soldiers, guards, and sex slaves
were reportedly still missing. There continued to be numerous reports
of LRA abductions of children in the DRC, CAR, and Sudan during the
year.
Poverty, unstable family relationships, rape, inadequate family
planning services, and other social, health, and economic factors
contributed to cases of infanticide. The 2009 police crime statistics
report cites 46 cases of infanticide but does not provide an analysis
of the crimes.
Since January police in Kampala rounded up approximately 331 street
children, the majority from the Karamoja Region, and took them to
Kampirigisa rehabilitation home in Mpigi District. Street children were
often the victims of poverty, famine, and instability in Karamoja
Region.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--The Jewish community was very small, and there were
no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory or mental disabilities in
employment, education, access to health care, and the provision of
other state services; however, the Government did not enforce the law
effectively. Persons with disabilities also faced societal
discrimination and limited job and educational opportunities. There was
no statutory requirement that buildings be accessible to persons with
disabilities; however, the law requires that children with disabilities
be given necessary special facilities.
The UHRC continued to receive complaints of discrimination in
employment and access to transport, cell phone, and other public
services from persons with disabilities. Most schools in the country
did not accommodate persons with disabilities.
No action was taken to assist the 40 prison inmates with impaired
hearing who had been denied a trial, health services, and education
because they could not communicate.
The Government supported the right of persons with disabilities to
vote and participate in civic affairs. Five seats in parliament were
reserved for representatives of persons with disabilities; however, a
government-sponsored NGO managed election to these five seats in a
process that was not transparent. Government agencies responsible for
protecting the rights of persons with disabilities included the
Ministry of State for Disabled Persons and the Ministry of Gender,
Labor and Social Development, but both agencies lacked sufficient
funding to undertake or support any significant initiatives. In August
2009 President Museveni appointed members to the Equal Opportunities
Commission, which is responsible for enforcing laws that protect
persons with disabilities and ensuring that they have equal access to
public office. In April the Government released 1.5 billion shillings
($647,388) to accelerate ongoing projects being undertaken to increase
incomes and improve livelihoods of persons with disabilities in 48
districts.

National/Racial/Ethnic Minorities.--There were isolated reports of
violence between ethnic minorities in some parts of the country. For
example, in May five persons were injured and over 120 families
displaced from Pera village following two days of clashes over land
between the Alur and Madi ethnic groups along the Arua and Nebbi
district border. Arua District police arrested and remanded seven
suspects for inciting the violence, and the case continued at year's
end.
The August 2009 case against suspects Dominictic Ningrea, Martin
Etima, D.Adrani, Alex Mawa, William Walya, Lilno, Jessica Nenia,
Zaayoru Yena, John Anguzu, and Johnson Munuru, who were charged with
inciting violence when ethnic Madi forcefully evicted several families
of the Alur ethnic group from Kasomenga village in Rhino Camp
subcounty, was pending at year's end.
In August IGP Major General Kale Kayihura ordered an investigation
of reports that police were harassing ethnic Somalis resident in the
country. Ethnic Somalis accused the police of extortion, harassment and
intimidation following the July 11 bombings in Kampala. There were no
reports of findings of the investigation at year's end.

Indigenous People.--The Batwa were the original inhabitants of land
used by the Government in 1992 to establish Mgahinga National Park,
Bwindi Impenetrable National Park, and Echuya Central Forest Reserve.
Numbering approximately 6,700 persons, the displaced Batwa lived in the
districts of Bundibugyo, Kisoro, Kabale, Kanungu, Masaka, and Mbarara
in the southwest and had limited access to education, health care,
land, and economic opportunities. They were also prevented from
pursuing hunting, gathering, and other traditional ways of life and
often suffered food shortages. In March the United Organization for
Batwa Development petitioned parliament to recognize Batwa rights to
their former ancestral land to preserve their cultural values. The
Government did not effectively protect their civil and political
rights.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Lesbian, gay, bisexual, and
transgender (LGBT) persons faced discrimination and legal restrictions.
It is illegal to engage in homosexual acts, based on a 1950 legal
provision from the colonial era criminalizing ``carnal acts against the
order of nature'' and prescribing a penalty of life imprisonment. No
persons had been convicted under the law. On October 12, police in
Kampala arrested one individual for alleged homosexuality, and on
October 15 a court in Kampala charged the individual with homosexuality
and released him on bail. Hearing of the case was pending at year's
end.
In September 2009 parliamentarian David Bahati introduced a draft
``antihomosexuality bill'' that would impose punishments ranging from
imprisonment to the death penalty on individuals twice convicted of
``homosexuality'' or ``related offenses'' to include ``aiding and
abetting'' homosexuality, ``conspiracy to engage'' in homosexuality,
the ``promotion of homosexuality,'' or ``failure to disclose the
offense'' of homosexuality to authorities within 24 hours. This draft
legislation remained in the committee stage during the year but
resulted in increased harassment and intimidation of LGBT persons.
Although the Government did not endorse the draft legislation, several
senior members of government and President Museveni's Cabinet openly
expressed homophobic sentiment despite the High Court's December 2008
ruling that constitutional rights apply to all persons, regardless of
sexual orientation.
LGBT persons were subject to societal harassment, discrimination,
intimidation, and threats to their wellbeing during the year.
Individuals openly threatened members of the LGBT community and their
constitutional rights during several public events. For example, on
April 15 in Jinja, Pastor Martin Ssempa led a march against
homosexuality, and during an April 17 event against homosexuality at a
church in Kampala, Ssempa showed a pornographic slideshow to audience
members, which included several children. During these rallies
participants openly threatened LGBT individuals.
In its annual report for 2009, released in October 2010, the UHRC
determined that the draft antihomosexuality bill violates the Ugandan
constitution and international law.
On October 10, an obscure local tabloid published the names,
photographs, and, in some cases, residential locations of several LGBT
activists under the headline ``Hang Them.'' On November 1, the High
Court issued an injunction blocking the tabloid from further
publication of information pertaining to homosexuality pending
resolution of a court case filed by three LGBT activists, including
David Kato. The case was pending at year's end.
On December 13, Ethics and Integrity Minister Nsaba James Buturo
prevented the UHRC and UN OHCHR from screening a documentary on Ugandan
human rights defenders that Buturo alleged promoted homosexuality. In
the film, one human rights defender criticized Uganda's draft
antihomosexuality bill for violating the rights of Ugandan citizens by
forcing health care workers to report alleged gay and lesbian
individuals to authorities. In a December 15 press conference, the UHRC
defended the documentary and criticized Buturo for violating the UHRC's
constitutional independence.
The April 2009 case against activists Fred Wasukira and Brian
Mpadde, accused of involvement in homosexual acts, was pending. In
September, police dismissed the June 2009 case in which Charles Ayeikoh
was accused of homosexual acts.

Other Societal Violence or Discrimination.--Discrimination against
persons with HIV/AIDS was common and prevented such persons from
obtaining treatment and support. International and local NGOs, in
cooperation with the Government, sponsored public awareness campaigns
to eliminate the stigma of HIV/AIDS. Counselors encouraged patients to
be tested with their partners and family so that they all received
information about living with HIV/AIDS. Persons living with HIV/AIDS
formed support groups to promote awareness in their communities.
Section 7. Worker Rights

a. The Right of Association.--The law allows workers, except for
``essential'' government employees, including police, army, and
management level officials, to form and join independent unions, but
all unions must be registered either under the National Organization of
Trade Unions or the Confederation of Trade Unions. The law allows
unions to conduct their activities without interference. Union
officials estimated that more than 1.2 million workers were potential
union members but only 300,000 workers were paid-up members.
The law criminalizes any effort by an employer to obstruct the
right of association; however, the Government generally did not enforce
this provision. Labor activists claimed certain companies continued to
bar employees from joining unions, including Dot Services and Cementers
and Multiplex (both road construction companies); Mansons, a clearing,
forwarding and transport company; West Nile Rural Electrification
Company; BIDCO Uganda Ltd., an edible oil company; Mukwano
Manufacturing Industries; Kawere Coffee Ltd; Kibimba Rice Scheme; Roko;
Uganda Cement; as well as several other construction companies,
supermarkets, and private universities.
The law provides for the right to strike, and workers exercised
this right; however, government policy required labor and management to
make ``every effort to reconcile labor disputes before resorting to
strike action.'' The Government did not always protect the right to
strike, and police arrested persons who engaged in organizing strikes
during the year.
For example, on September 5, police arrested 12 sugarcane cutters
of Lugazi Sugar Corporation during a strike to protest low pay and poor
working conditions. On September 6, police released the workers after
the intervention of the National Union of Plantation and Agricultural
Workers Uganda. On September 20, Lugazi Sugar Corporation management
signed an agreement to increase the workers' pay 17 percent, from
80,000 shillings ($35) to 104,000 shillings ($45) per month for a
period of two years. The workers also staged a brief strike in May 2009
to protest low pay and poor working conditions.
Police used excessive force to stop striking workers.
For example, on September 7, police in Hoima District killed Dennis
Bazara and Benard Byabasaija and injured several others during a strike
at British American Tobacco (BAT) Uganda. The workers were protesting
the company's delayed payment of their August salaries. Authorities
arrested police officers Augustine Kasangaki, Luke Mbusa, and Romeo
Ojara, who were implicated in the shooting, and an investigation was
ongoing. On September 15, the Hoima Police Disciplinary Court started
hearing the trial of Kasangaki, Mbusa, and Ojara and charged them with
manslaughter. The suspects were remanded to prison until September 28.
On September 21, police fired live bullets to disperse striking cane
cutters of Kinyara Sugar Works. The workers were protesting low pay.
There were no reported injuries. Following discussions with the union,
management agreed to pay the cane cutters.

b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining; however, the Government did not
protect this right in practice. Some employers ignored the legal
requirement to enter into collective bargaining agreements with
registered unions; only a few employers recognized the agreements. On
September 8, the Uganda Flower Exporters Association comprising 20
companies signed a collective bargaining agreement with Uganda
Horticultural and Allied Workers Union. The agreement commits the
companies to uphold workers' rights and enhance their salaries. No
public service unions, including medical staff and teachers, were
allowed to negotiate their salaries and employment terms. The
Government fixed the terms and conditions for all civil service
workers.
As in 2009, there were no reports of antiunion discrimination
during the year. The Government denied the registration of the Central
Organization of Labor Unions, a union umbrella organization that broke
away from the only legally registered consortium due to leadership
disputes.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that such practices occurred, particularly in prisons. While
the law does not expressly prohibit prison labor, it states that such
labor becomes forced if the worker is ``hired out to or placed at the
disposal of a private individual, company, or association.'' NGOs and
the UHRC reported that forced labor was a problem in local prisons
nationwide. Prison officials hired out prisoners to work on private
farms and construction sites where the prisoners were often overworked.
Prison officials routinely supplemented their wages with cash crops
grown by prisoners on prison grounds. Male prisoners performed arduous
physical labor, while female prisoners produced marketable handicrafts
such as woven basketry. Juvenile prisoners performed manual labor,
often for 12 hours a day. Compensation, when paid, generally was very
low. In July the Government announced that it would provide funds to
prison administrators to pay prisoners for work performed, but no
funding was released. Some wardens reportedly used income generated
from prisoner labor to pay prisoners. Prisoners do not have savings
accounts, but prison accounting staff recorded wages owed in a book.
In June prison authorities began investigating allegations that
police arrested over 1,300 individuals and forced them to work on large
commercial farms. Reports alleged that police arrested citizens on idle
and disorderly charges and sent them on remand to Butoro, Kasangati,
and other prisons where they were forced into labor. A report of the
investigation was pending at year's end.
Exploitive child labor predominantly occurred in transport, mining,
street vending/begging, scrap collecting, stone quarrying, brick-
making, road construction/repair, car washing, fishing, domestic nanny/
housekeeper service, bar/club service work, border smuggling, and
prostitution. In all of these areas, there were likely occurrences of
forced labor.
For information on trafficking in persons, please see the
Department of State's annual Trafficking in Persons Report at
www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits employers from hiring workers below the age of 18;
however, statutory orders issued by the Ministry of Gender, Labor and
Social Development permit the employment of children between the ages
of 14 and 18, and 13-year-olds are allowed to engage in ``light work''
provided it does not interfere with education. Children under the age
of 12 are prohibited from being employed in any business or workplace,
and all children are prohibited from being employed during school
hours. Nevertheless, child labor was common, especially in the informal
sector.
Many children left school and engaged in agricultural or domestic
work to help meet expenses or perform the work of absent or sick
parents, a situation common throughout the country. The problem was
particularly acute among the large orphan population. In June 2009 the
Bureau of Statistics estimated that more than 1.76 million or 17
percent of children between the ages of five and 17, including 798,451
girls, were involved in child labor.
In urban areas children sold small items on the street, worked in
shops, begged for money, and were involved in the commercial sex
industry. Children were also employed in stone quarries, cattle
herding, brick making, and commercial farming of tea, coffee,
sugarcane, vanilla, tobacco, and rice. The Ministry of Gender, Labor
and Social Development reported new incidents of the worst forms of
child labor, including children involved in illicit activities such as
cross-border smuggling. Government officials noted that child
exploitation in the informal sector was of particular concern and was
difficult to investigate. Children were known to be working as
subsistence farmers, and domestic servants. There were also known
instances of children in prostitution.
The International Labor Organization (ILO) and the Federation of
Uganda Employers sponsored a 2008 survey on child labor in the
fisheries and tobacco industries which found that most of the 291
children sampled worked long hours and that 71 percent were involved in
hazardous work. Of the children involved with fisheries, 31 percent
worked at night, and all were exposed to waterborne diseases, fatigue,
a high risk of contracting HIV/AIDS, and injuries. Children on tobacco
farms worked long days, dropped out of school during peak periods of
tobacco production, and were exposed to dangerous chemicals, smoke, and
dust.
Institutions responsible for enforcing child labor laws and
policies include the National Council of Children, the police force's
Child and Family Protection Unit, the Industrial Court, and the
Ministry of Gender, Labor and Social Development; however, financial
constraints limited efforts. The ministry continued to offer social
services to children working in the worst forms of child labor and
other target groups, and it conducted training for staff, local
leaders, and district labor inspectors. Sixty Ministry of Gender, Labor
and Social Development district labor officers were responsible for
reporting on child labor issues at the local level nationwide. The
Government coordinated its efforts to stop child labor through the
National Steering Committee on Child Labor, which included
representatives of the Ministry of Gender, Labor and Social
Development, the Ministry of Education and Sports, the Ministry of
Local Government, the Federation of Uganda Employers, the National
Organization of Trade Unions (NOTU), NGOs, journalists, and academics.
The steering committee last met in January. However, due to lack of
funds and logistical support, district labor officials have not
conducted child labor inspections since 2004.
The Government organized a number of child labor awareness
workshops, disseminated printed information, and sponsored radio and
television discussions to educate the public on child labor issues. The
Government also cooperated with the ILO, foreign governments, and NGOs
on several initiatives to combat child labor, including the education
and reintegration of children into their communities. Several human
rights NGOs continued programs to remove children from hazardous work
situations.
For information on trafficking in persons, please see the
Department of State's annual Trafficking in Persons Report at
www.state.gov/g/tip.

e. Acceptable Conditions of Work.--The minimum legal wage was set
in 1984 at 6,000 shillings ($2.59) per month, a rate that did not
provide a decent standard of living for a worker and family and was not
effectively enforced. The Government and the private sector negotiated
a new monthly rate of 54,000 shillings ($23.35) in 2003; however, the
2003 rate had not been implemented by year's end.
The law includes provisions for district labor inspectors to
``secure the enforcement of legal provisions relating to conditions of
work and the protection of workers while engaged in their work;''
however, no inspections were carried out during the year, due in part
to financial constraints.
In industries that employed workers on an hourly basis, the normal
workweek was 40 hours. The legal maximum workweek is 48 hours; however,
exceptions can be made with agreement of the employer and employee. The
law provides for an employee who works in excess of 48 hours per week
to be remunerated at the minimum rate of 1.5 times the normal hourly
rate for the overtime hours and two times the hourly rate on public
holidays. The law also states that working hours may not exceed 10
hours per day or 56 hours per week, including overtime hours; however,
an employee may work in excess of 10 hours a day if the average number
of hours over a period of three weeks does not exceed 10 hours per day
or 56 hours per week. Employees are granted a 30-minute break for every
eight-hour work shift. For every four months of continuous employment,
an employee is entitled to seven days of paid annual leave per calendar
year. Many industries paid workers annual increments or bonuses as
payoffs to avoid overtime.
The law establishes occupational health and safety standards, and
the MGLSD's Department of Occupational Health was responsible for
enforcement of occupational safety regulations. In practice inspections
were very rare, primarily due to the lack of vehicles and funding for
inspection trips, and standards were not effectively enforced. The law
also provides workers the right to remove themselves from situations
that endanger their health or safety without jeopardy to their
employment. However, there were reports that workers were dismissed for
their refusal to perform dangerous work. All workers, including foreign
and migrant workers, were covered under the law.
NOTU officials recorded seven deaths due to poor safety practices
at several construction projects during the year.

__________

ZAMBIA

Zambia is a republic of 13.3 million citizens governed by a
president and a unicameral national assembly. The ruling Movement for
Multiparty Democracy (MMD) exerted considerable influence through its
patronage and allotment of government resources. In a 2008 by-election,
then-vice president Rupiah Banda was elected president in generally
free and fair multiparty elections. Security forces reported to
civilian authorities.
Human rights problems included unlawful killings; torture,
beatings, and abuse of suspects and detainees by security forces;
official impunity; life-threatening prison conditions; arbitrary
arrests and prolonged pretrial detention; long trial delays; arbitrary
interference with privacy; restrictions on freedom of speech, press,
assembly, and association; government corruption; violence and
discrimination against women; child abuse; trafficking in persons;
discrimination based on sexual orientation and against persons with
disabilities; restrictions on labor rights; forced labor; and child
labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed politically
motivated killings; however, security forces committed unlawful
killings during the year. The Legal Resources Foundation (LRF), an
independent human rights nongovernmental organization (NGO) that
counseled victims' families and represented them in actions against the
Government, consistently investigated and publicized such incidents;
however, the Government rarely punished perpetrators. Police and
government officials encouraged police officers to use their weapons
when apprehending suspects, despite a government directive that
restricted the use of firearms by police officers and a government
pledge to retrain police on the use of force.
On September 3, three police officers in Chipata were arrested in
connection with the killing of three suspects. The officers reportedly
shot the suspects when they attempted to flee while leading police to a
place where the suspects had hidden carcasses of cattle they had
stolen.
On October 23, police reportedly killed two individuals in Mongu
during a protest by the Barotse Freedom Movement (see section 6).
There were no developments, and none were expected, in the February
2009 police killing of Maybin Chongo or in the following 2008 cases:
the April police beating to death of Alfred Nyanga; the May police
beating to death of Robert Chimwang'a; and the September alleged
killing of Gregory Kalezhi by a police patrol.
Unlike in previous years, there were no reports that mobs killed
suspected criminals; nor that police were accused of abuse; nor that
persons were accused of witchcraft, mental illness, or sexual
impropriety.
There were no developments, and none were expected, in the February
2009 mob killing of alleged arsonist and murderer ``Kalaye'' and in the
following 2008 cases: the February mob stoning to death of a minibus
driver; the March mob stoning of two men, one of whom died; and the
April killing by a mob that stoned and set ablaze a man.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices; however, police
frequently used excessive force including torture when apprehending,
interrogating, and detaining criminal suspects or illegal immigrants.
In 2008 the Government's Human Rights Commission (HRC) reported that
torture was prevalent in police stations and noted that ``police
officers continue to rely on torture as an interrogation technique.''
The HRC urged the Government to draft and enact legislation that would
criminalize torture and provide for compensation to victims; however,
no legislation had been drafted by year's end. Authorities also
detained, interrogated, and physically abused family members or
associates of criminal suspects in attempts to identify or locate the
suspects. Officers who tortured, beat, or otherwise abused suspects
generally were not disciplined or arrested for such acts.
On September 7, the NGO Human Rights Watch (HRW) reported that
police routinely engage in cruel, inhuman, and degrading treatment,
including torture, to extract confessions. Based on interviews
conducted at six prisons, the report noted, ``They described what
happened to them in police custody, before they were transferred to
prison. Dozens of detainees said they had been beaten with metal bars,
hammers, broom handles, police batons, sticks, or even electrified
rods. Many said they had been bound first and hung upside down.'' On
June 25, HRW wrote to Minister of Home Affairs Mkhondo Lungu and Chief
Inspector of Police Simon Kabonde requesting that they investigate and
halt these abuses. On September 11, Lungu publicly denied reports that
police abused and tortured prison inmates. He also noted that human
rights are an integral part of law enforcement training.
On November 12, residents of the Garden Compound, Lusaka, rioted
and burned a police station and six vehicles following reports that
police tortured a man who later died in police custody. Inspector
General of Police Francis Kabonde denied the reports of torture on
November 13.
On March 14, two Mazabuka police officers reportedly assaulted
Christopher Perkins Liwoyo after he photographed them while acting as a
freelance photographer. Liwoyo sustained minor injuries and did not
press charges after being discouraged from doing so. Authorities did
not take administrative action against the officers.
On September 8, a magistrate awarded Shadreck Nkhuwa and Isaac
Chilombo 10 million kwacha ($2,000) each after police detained and
tortured them in Mumbwa for two days in 2004.
On September 21, Ndola police reportedly shot and wounded 24-year-
old Conrad Mutale while he participated in a protest.
There were no new developments, and none were expected, in the
March 2009 reported police abuse of Edward Nkonde and Ephraim
Munshimfwa; the July 2009 alleged police abuse of Cornelius Mwape; and
the July 2009 charge of negligence of duty against an officer who
detained a pregnant woman. There were also no new developments in the
2008 alleged police abuse of Monde Naluli.
There were instances of mob violence reported during the year.
On February 4, a mob reportedly beat Chingola police officer
Matandi Sitali in reaction to allegations that he had attempted to rape
a woman.
On September 9, a mob in Kitwe beat a police officer who allegedly
stole a mobile phone from an accident victim at an accident scene.
There were no new developments, and none were expected, in the mob
beating of Konde Mamadi in August 2009.
According to human rights groups, police occasionally demanded sex
from female detainees as a condition for their release. There also were
reports that police officers raped women and young girls while they
were in custody.

Prison and Detention Center Conditions.--Prison conditions were
poor and life threatening. An inefficient judiciary delayed court
proceedings, which contributed to the holding of large numbers of
pretrial detainees in prison for extended periods and exacerbated
overcrowding. The country's prisons, which were built to hold 5,500
inmates, held nearly 15,300 prisoners and detainees. For example,
Lusaka Central Prison, which was designed to accommodate 200 prisoners,
held more than 1,500. By law the police can detain suspects up to 24
hours in holding cells before transferring them to a ``remand prison.''
``Remand prisons'' were supposed to house detainees prior to conviction
exclusively but, in practice, were also used to hold convicted
prisoners. Prison conditions in remand prisons did not generally differ
from those in other prisons.
Poor sanitation, dilapidated infrastructure, inadequate and
deficient medical facilities, meager food supplies, and lack of potable
water resulted in serious outbreaks of dysentery, cholera, and
tuberculosis, which the overcrowding exacerbated. Prisons generally had
inadequate provision for ventilation, temperature, lighting, and basic
and emergency medical care.
Prisoners routinely complained that authorities denied them access
to medical care as provided by law. Failure to remove or quarantine
sick inmates and the lack of infirmaries at many prisons resulted in
the spread of airborne illnesses such as tuberculosis, leading to the
reinfection and death of prisoners. According to a report by HRW, the
prison service estimated tuberculosis rates at over 5 percent, more
than 10 times the rate outside of prisons. Drugs to combat tuberculosis
were available, but the supply was erratic. Many prisoners were
malnourished because they received only one serving of cornmeal and
beans per day, called a ``combined meal'' because it represented
breakfast, lunch, and dinner.
On April 27, HRW issued a major report detailing massive
overcrowding exacerbated by large numbers of pretrial detainees held
for extended periods without trial; incidences of torture, and other
violence administered by prison officials and other inmates; inadequate
medical services; and poor sanitation and nutrition in prisons that
manifested themselves in high rates of HIV/AIDS, tuberculosis, and
other diseases. The HRC estimated that the HIV/AIDS prevalence rate in
prisons in 2008 was 27 percent. Antiretroviral treatment was available
to some prisoners with HIV/AIDS; however, poor nutrition often rendered
the treatment ineffective. Authorities denied many prisoners access to
condoms.
Juveniles often were not held separately from adults. Women and men
were generally held separately. Prison conditions for women were
somewhat better than for men. HRW estimated that women make up 18
percent and juveniles 10 percent of all prisoners. Incarcerated women
who had no alternative for child care could choose to have their
infants and young children with them in prison until the children
reached the age of four. However, prisons provided no food or medical
services to such children, so mothers had to share their rations with
children, in an environment that often exposed the children to disease
without medical care. Pretrial detainees were not held separately from
convicted prisoners.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. The Government did not actively
investigate or monitor prison and detention center conditions.
Prisoners and detainees generally could not submit complaints to
judicial authorities or request investigation of credible allegations
of inhumane conditions. Authorities did not investigate these
allegations or document the results of such investigations in a
publicly accessible manner.
The Government conducted some investigations of prison and
detention conditions. In January 2009 the HRC Children's Rights
Committee visited three reformatory centers and documented violations
of children's rights in those centers. According to the committee's
report released during the year, reformatory centers recorded cases of
child abuse in the form of corporal punishment.
In 2009 HRC chairperson Pixie Yangailo visited Kasama Central
Police Station and described conditions at the station as ``pathetic.''
She noted that suspects were forced to sleep on the floor without
blankets.
The HRC recommended in its 2009 report that prisons be
rehabilitated to meet acceptable humane and sanitary standards and that
prisoners be separated by age and gender. The Government had not
responded to these recommendations by year's end.
The Government permitted prison visits by both domestic and
international NGOs and by resident foreign diplomats during the year.
The International Committee of the Red Cross (ICRC), provincial human
rights committees, and the LRF periodically inspected prisons during
the year. The ICRC performed its visits in accordance with standard
modalities. The country did not have ombudsmen who could serve on
behalf of prisoners and detainees to consider such matters as
alternatives to incarceration for nonviolent offenders to alleviate
inhumane overcrowding; addressing the status and circumstances of
confinement of juvenile offenders; improving pretrial detention, bail,
and recordkeeping procedures to ensure prisoners do not serve beyond
the maximum sentence for the charged offense.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, the Government did
not respect these prohibitions.

Role of the Police and Security Apparatus.--The Zambian Police
Service (ZPS), divided into regular and paramilitary units under the
Ministry of Home Affairs (MoHA), has primary responsibility for
maintaining law and order. The Zambia Security Intelligence Service
(ZSIS), under the Office of the President, is responsible for
intelligence and internal security. The Central Police Command in
Lusaka oversees nine provincial police divisions with jurisdiction over
police stations in towns countrywide. Although the Government
identified a need for 27,000 police officers and hired 1,500 new
officers during the year, only 17,400 police were on duty at year's
end. The HRC recommended in its 2009 report that the police increase
its budget, enhance logistical support, improve working conditions for
police officers, and implement human rights training as well as
punitive and preventative measures to curb police misconduct. The
Government had not responded to these recommendations by year's end.
The approximately 21,600-member defense forces, divided into the
army, air force, and national service, have primary responsibility for
defending sovereignty and territorial integrity and cooperating with
the appropriate civilian authority in times of emergencies and natural
disasters. The defense forces have domestic security responsibility
only in cases of national emergency. By law, the vice president
declares a national emergency in cases of natural disasters, and the
president declares a national emergency in a state of war,
insurrection, hostilities, or public emergency. Each service has a
commander who reports to the minister of defense. Paramilitary units of
the ZPS, customs officers, and border patrol personnel conduct patrols
on lakes and rivers.
The Drug Enforcement Commission (DEC) is responsible for enforcing
the laws on illegal drugs, fraud, and money laundering. The DEC employs
approximately 300 agents to oversee illegal drug enforcement and
interdiction.
Lack of professionalism, investigatory skills, and discipline in
the security forces remained serious problems. Low salaries and
substandard government housing exacerbated police corruption, as did
poor working conditions.
In an effort to address these issues, the Police Public Complaints
Authority (PPCA) met during the year to review complaints regarding
police conduct that were not resolved through internal police channels.
The PPCA reported that between January and September, it received 143
complaints of police misconduct: 31 were related to unlawful detention;
50 to unprofessional conduct; 20 to police brutality; 20 to abuse of
authority; 20 to unlawful debt collection; one to interference in a
marriage; and one to death in police custody. The PPCA recommended to
the MoHA permanent secretary disciplinary action in the form of
punishment or dismissal in 26 of the 143 cases. Of the remaining
complaints, the PPCA recommended nine for other disciplinary action
while it dismissed the allegations in 94 cases and continued to
investigate 14 cases. Many cases of abuse went unreported due to
citizen ignorance of the PPCA and fear of retribution.
Many complainants dropped their cases after involved police
officers intimidated complainants or offered compensation to avoid a
formal PPCA investigation, according to the PPCA.
Security forces failed to prevent societal violence during by-
elections (see section 3).

Arrest Procedures and Treatment While in Detention.--The
constitution and law provide that authorities must obtain a warrant
before arresting a person for some offenses; other offenses have no
such requirement. For example, police are not required to obtain a
warrant when they suspect that a person has committed offenses such as
treason, sedition, defamation of the president, unlawful assembly, or
abuse of office. In practice police rarely obtained warrants before
making arrests.
According to the law, suspects being arrested must be informed of
their rights, including the immediate right to an attorney. The law
provides that persons arrested must appear before a court within 24
hours of their arrest; however, detainees were frequently held for much
longer periods because prosecutors routinely required that officers
collect additional evidence before presenting cases to a magistrate.
The law provides for prompt judicial determination of the legality of
charges against a detainee; however, authorities often did not inform
detainees promptly of charges against them.
There was a functioning bail system; however, prisons were
overcrowded in part because indigent detainees and defendants did not
have the means to post bail or were held for offenses for which bail is
not granted, including treason, murder, aggravated robbery, and
violations of narcotics laws. In practice police generally did not
respect prisoners' right to apply for bail. The Government's legal aid
office, responsible for providing representation for indigent detainees
and defendants in criminal or civil cases, assisted few arrestees.
Arbitrary arrest and detention remained problems. Police
arbitrarily arrested family members of criminal suspects. Criminal
suspects were arrested on the basis of insubstantial evidence,
uncorroborated accusations, or as a pretext for extortion. Police
officials disciplined some officers found engaging in extortion of
prisoners, including suspensions and written reprimands, although
dismissals for extortion were rare.
Prolonged pretrial detention was a problem, and some defendants
awaited trial for as long as 10 years. Approximately one-third of
persons incarcerated in remand prisons and other prisons had not been
convicted of a crime or received a trial date. Broad rules of procedure
give wide latitude to prosecutors and defense attorneys to request
delays or adjournments. According to human rights groups, prison
administrators routinely altered paperwork to make it appear as though
prisoners had appeared before a magistrate when they had not, often
because prison authorities had no fuel to transport prisoners to
courts. Judicial inefficiency, lack of resources, and lack of trained
personnel also contributed to prolonged pretrial detention.
In one case uncovered during the year, a 14-year-old boy had been
held in a remand prison for two years without being brought to trial.
Siavonga resident Norbert Chisanga was convicted by the Siavonga
Magistrate's Court and imprisoned in 2006 for defiling three girls.
However, at year's end, he still awaited final sentencing by the Lusaka
High Court. Lusaka resident Over Mumba was convicted by the Lusaka
Magistrate's Court and imprisoned in 2005 for heroin possession; at
year's end, he still awaited final sentencing by the Lusaka High Court.
Zacheous Sakala had been held in pretrial detention since 2002 without
conviction. The HRC demanded in 2008 that the judiciary resolve his
case.
There were no new developments, and none were expected, in the 2008
case of alleged unlawful detention of Rachel Bwalya and the case of
Ernest Banda, who had been in detention since 2005.

Amnesty.--A total of 825 prisoners were granted amnesty during the
year. On May 25, in commemoration of the Africa Freedom Day, President
Banda pardoned 350 prisoners. On October 24, President Banda ordered
473 prisoners released as part of the country's independence day
celebrations. On December 8, President Banda pardoned two prisoners who
were jailed for three years for contempt of court.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, the Government did not
consistently respect judicial independence, and the judicial system was
hampered by inefficiency, corruption, and lack of resources. Government
officials used their offices to circumvent standard police and judicial
procedures. However, during the year the courts at times made judgments
and rulings critical of the Government. In several instances, the
courts awarded damages in cases of police and other security force
abuse or unlawful arrest.
Accused military personnel may appear for summary trial before
their commanding officers or be referred for trial in a military court
by a court-martial. A court-martial sentence can be appealed to the
Supreme Court. Military courts cannot try civilians and generally
provided the same rights as civil criminal courts. The ZPS uses police
tribunals to resolve internal police matters. Police tribunals try
cases of police misconduct. However, they cannot try civilians or
criminal cases involving police officers, but generally they provided
the same rights as civil criminal courts.
The constitution permits judges to serve on the Supreme and High
Court up to age 65. The president, in consultation with the Judicial
Service Commission, may permit a judge at age 65 to continue in office.
The president, in consultation with the commission, may also appoint a
judge to the Supreme or High Court for a period of up to seven years.
There were no new developments, and none were expected, in the June
2009 appeal to the Supreme Court by Lusaka businessmen Faustin Kabwe
and Aaron Chungu to order Supreme Court Chief Justice Ernest Sakala and
Justice Peter Chitengi to vacate their offices because they had passed
the constitutionally mandated retirement age of 65.
There were 165 magistrates at the end of the year. Attorneys who
had a law degree held approximately 41 magistrate positions during the
year; lay magistrates filled the rest. However, poor working conditions
caused many magistrates to leave their jobs. The HRC recommended in its
2009 report that the Government increase the number of magistrates and
magistrate courts, improve accused persons' access to bail, and reduce
abuses of judicial authority. The Government had not responded to these
recommendations by year's end.

Trial Procedures.--Defendants are considered innocent until proven
guilty, and trials in the High Court as well as in magistrate and local
courts are public. Juries are not used; a magistrate renders judicial
decisions and determines sentences. Although trials are open to the
public, the public is not permitted to comment on an ongoing case.
Defendants have the right to be present and to consult with an
attorney; however, many defendants lacked the resources to retain a
lawyer. The law provides for free legal counsel when indigent
defendants face serious charges; however, public defenders were
overwhelmed with cases, and many defendants did not have legal
representation. Defendants can confront or question witnesses against
them and present evidence and witnesses on their behalf. Defendants and
their attorneys have access to government-held evidence relevant to
their cases. Defendants have the right to appeal.
Although statutory (common) law extends these rights to all
citizens and is generally applied equally, the 1964 Local Courts Act
permits local courts to employ customary (tribal or traditional) laws
that vary widely throughout the country. Statutory law takes precedence
over customary law, and any citizen may bring a case to magistrate
court. However, the Government encourages the use of customary law by
local courts to augment the justice system and resolve disputes in
rural areas. Lawyers are barred from participating in proceedings in
courts that apply customary law, and there are few formal rules of
procedure. Local court justices frequently do not have legal training
but are expected to be versed in the traditions and customs of the
ethnic group the court represents. Local courts cannot sentence
convicted persons to imprisonment; they impose fines as punishment.
Customary law sometimes discriminates against and denies the rights of
some groups, particularly women and children.
Courts were congested, and there were significant delays in trials
while the accused remained in custody. In cases in which the
magistrate's court did not have jurisdiction, at least six months
elapsed before a magistrate committed the defendant to the High Court
for trial. Following committal, preparation of the magistrate court
record for transmittal to the High Court took months or, in some cases,
as long as a year. Once a case reached the High Court for trial, court
proceedings lasted an average of six months.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, and complainants have access
to the High Court to seek damages for human rights abuses. There are
administrative remedies available as well as judicial remedies for
alleged wrongs. However, there were problems enforcing civil court
orders due to insufficient judicial resources.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions;
however, the Government frequently did not respect these prohibitions
in practice. The law requires a search or arrest warrant before police
may enter a home, except during a state of emergency. Police routinely
ignored this requirement and arrested suspected criminals at their
homes without an arrest warrant.
The law grants the DEC, ZSIS, and the police authority to monitor
communications using wiretaps on the basis of a warrant based on
probable cause. On June 9, The Post newspaper alleged that Inspector
General of Police Francis Kabonde obtained some journalists' phone
records from a mobile service provider without a warrant.
Authorities sometimes detained, interrogated, and physically abused
family members of criminal suspects to obtain their cooperation in
identifying or locating suspects.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, the Government
restricted these rights in practice. The law includes provisions that
may be interpreted broadly to restrict these freedoms.
The Government allowed but sometimes attempted to impede
individuals' right to exercise public or private spoken criticism by
using intimidation; for example, it thwarted the ``Red Card'' protest
campaign, in which participants peacefully held up red cards to protest
against various government actions, by arresting three individuals for
disturbing the peace (see section 2.b.). On March 18, Ndola magistrate
Kelvin Limbani sentenced Darius Mukuka to 18 months' imprisonment for
defaming President Banda in a public bar. On May 25, President Banda
pardoned Mukuka.
The Government allowed press criticism but sometimes attempted to
impede it using intimidation. The Government-controlled Times of Zambia
and Zambia Daily Mail were two of the most widely circulated
newspapers. The Government exercised considerable influence over both
newspapers, including reviewing articles prior to publication and
censuring individuals responsible for published articles that
criticized the Government. Opposition political parties and civil
society groups complained that government control of the two newspapers
limited their access to mass communication. Journalists in the
Government-controlled media generally practiced self-censorship.
The international media generally operated freely.
The independent media were active and expressed a wide variety of
views. A number of privately owned newspapers questioned government
actions and policies. Although these circulated without government
interference, officials used the law to suppress criticism of political
or other leaders. Government officials and ruling MMD party supporters
repeatedly targeted the leading independent newspaper, The Post, with
criticisms, threats, and litigation for publishing information critical
of the Government.
The law permits presidential investigative tribunals to call as
witnesses journalists and media managers who printed allegations of
parliamentary misconduct. Failure to cooperate with a tribunal can
result in charges of contempt, which are punishable by up to six months
in prison. The media criticized these provisions as clear infringements
of freedom of the press and claimed it was a means for
parliamentarians, some of whom concurrently served the president in
cabinet positions, to bypass the court system.
On June 3, Magistrate David Simusamba found Fred M'membe, editor in
chief of The Post, guilty of one count of contempt of court for
publishing an article commenting on a case dismissed in 2009 against
Chansa Kabwela, an editor with The Post. On July 7, M'membe was
released on bail. His appeal remained pending at year's end.
On July 31, MMD supporters in Ndola reportedly harassed and
threatened with violence The Post newspaper reporter Abigail Chaponda
for alleged bias against their party.
On November10, the Lusaka High Court ordered the arrest of Zambian
Watchdog editor Lloyd Himaambo and former spokesperson of former
president Chiluba, Emmanuel Mwamba, for contempt of court. Himaambo had
published articles purportedly written by Mwamba analyzing evidence in
a criminal case. Their case remained pending at year's end.
On November 11, MMD Lusaka Province Youth Chairman Chris Chalwe was
sentenced to one year at hard labor for a July 2009 assault on
journalists Chibaula Silwamba and Anthony Mulowa.
There were no developments, and none were expected, in the February
2009 assault on photojournalist Thomas Nsama and the May 2009 assault
on journalists George Chellah and Eddie Mwanaleza.
In addition to a government-controlled radio station, there were
numerous private radio stations. The Government-owned Zambia National
Broadcasting Corporation (ZNBC) was the principal local-content
television station. Several private television stations, including
foreign-owned media, also broadcast locally. The Government detained
and censured individuals responsible for programs the Government deemed
offensive. Opposition political parties and civil society groups
charged that government control of the ZNBC limited their access to
mass communication.
On June 18, Ministry of Information and Broadcasting Public
Relations Officer Betniko Kayaya threatened to revoke Radio Sky FM's
license for broadcasting programs the ministry considered a threat to
peace and security.
On November 20, Ministry of Information and Broadcasting Permanent
Secretary Sam Phiri reportedly threatened to revoke Radio Lyambai's
license for hosting a program to discuss the Barotse Agreement (see
section 6).

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events. Although the law
gives university councils at the three public universities a mandate to
address faculty concerns, the minister of education may appoint council
members. Some academics criticized this provision as an infringement of
academic freedom.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, the Government restricted this right in practice. Although the
law does not require a permit to hold a rally, it requires organizers
to notify police seven days in advance. Police are empowered to decide
when and where rallies are held and who may address participants. The
Government on occasion used the law's broad mandate to change
arbitrarily the time and date of rallies, particularly of opposition
political parties and NGOs, and did so during the year, including
during by-election campaigns.
Although there were no cases of police using violence to disperse
protests, police reportedly condoned and committed acts of violence in
the Mufumbwe by-election (see section 3).
On March 12, Kitwe police arrested and detained Catholic priest
Frank Bwalya for three days for reportedly distributing red cards at a
Youth Day event in Kitwe. Bwalya co-organized the ``Red Card Campaign''
to encourage the public to flash red cards to protest the Government.
On March 13, Bwalya was charged with breaching the peace. His case
remained pending at year's end.
On August 3, Ndola police arrested and detained a woman and her 13-
year-old son for allegedly flashing a red card at President Banda's
motorcade. Both were charged with conduct likely to cause breach of
peace and released the same day after admitting guilt and paying a
50,000 kwacha ($10) fine.
The case against Patriotic Front (PF) Members of Parliament (MP)
Mumbi Phiri and Jean Kapata, who were arrested for protesting the
acquittal of former president Frederick Chiluba in October 2009,
remained pending. There were no developments in the 2008 police
shooting of two University of Zambia students in Lusaka.

Freedom of Association.--The law provides for freedom of
association, but the Government placed some limits on this right. All
organizations must formally apply for registration to the MoHA
Registrar of Societies. However, the registration process was long and
permitted considerable discretion on the part of the registrar. During
the year there were no cases in which the registrar refused to register
an organization.
On February 25, the Lusaka High Court upheld the 2004 decision by
the Government to deregister the NGO Southern African Centre for the
Constructive Resolution of Conflict (SACCORD) on grounds that it was
inimical to national security. SACCORD received a temporary injunction
permitting it to continue operations pending a hearing by the Supreme
Court.

c. Freedom of Religion.--For a complete discussion of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. However, the Government intermittently limited in-country
movement. Police used roadblocks to control criminal activity, enforce
customs and immigration regulations, check drivers' documents, and
inspect vehicles for safety compliance. Police sometimes extorted money
and goods from motorists at these roadblocks.
The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern. There were no restrictions on refugees'
travel inside the country, but refugees were required to have
permission from the Government to move or live outside refugee camps.
Such permission was frequently granted.
The law prohibits forced exile, and the Government did not use it.

Protection of Refugees.--The law provides for the granting of
asylum or refugee status, and the Government has established a system
for providing protection against the expulsion or return of refugees to
countries where their lives or freedom would be threatened on account
of their race, religion, nationality, membership in a particular social
group, or political opinion.
The Government also provided temporary protection to individuals
who may not qualify as refugees. There were reports during the year
that the Government expelled Zimbabweans and other foreign nationals
who could not provide evidence that they were refugees and were
therefore considered irregular migrants.
In late 2009 reports surfaced about corruption at Maheba Refugee
Settlement. During government action on February 24 to restore order at
Maheba following refugee protests over the corruption allegations,
security forces killed one refugee, injured several others, arrested
150, and deported 36. On April 13, the UNHCR protested the
deportations, stating that the refugees were not given any notice or
explanation for their expulsion. The Government subsequently acted to
address corruption concerns at the settlement by investigating the
allegations.
According to the UNHCR, by the end of the year, the country hosted
47,500 refugees, mainly from Angola and the Democratic Republic of
Congo (DRC). The Government assisted in the repatriation of 9,200
Congolese refugees during the year. On November 10, the Government
officially closed Kala and Mwange refugee camps after assisting in the
voluntary repatriation of over 6,000 Congolese refugees to the DR Congo
and an additional 2,000 to Maheba refugee camp. With the final push on
Congolese repatriations, it was estimated that only 6,000 Congolese
refugees remained in the refugee settlements at year's end. Of the
refugees in the country, 38 percent have settled on their own volition
outside official refugee camps and settlements.
Refugees at Kala, Mwange, and other camps were provided access to
basic services, education, and police and courts. Government policy
limited refugees' legal employment options to refugee camps, except
where refugees obtained specific government authorization for
employment outside camps.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic elections held on the basis of universal suffrage.

Elections and Political Participation.--In October 2008 then-vice
president Rupiah Banda was elected president in a generally free and
fair by-election conducted following the August 2008 death of then-
president Levy Mwanawasa.
The law requires all elected officials except the president and
vice president to vacate their offices from the time parliament is
dissolved prior to running for election. The vice president is
appointed and dismissed by the president. During the year several by-
elections were held after incumbent deaths or resignations. Reports of
vote buying and misappropriation of government resources for unfair
political advantage continued and, in some cases, were challenged in
court.
In April 29 by-elections, United Party for National Development
(UPND) candidate Eliot Kamondo was elected MP representing Mufumbwe and
MMD candidate Watson Banda was elected MP representing Milanzi.
Elections-related violence contributed to four deaths and multiple
injuries in Mufumbwe. Some observers alleged that ruling party
supporters in both constituencies engaged in vote buying, misused
government vehicles, distributed food and clothing for partisan
purposes, and promised local development projects to entice voters to
vote for their candidates. Some observers noted that security forces
protected ruling party supporters but did not act to curb violence and
even participated in violence against opposition supporters or voters.
On December 15, Lusaka High Court Judge Philip Musonda nullified the
election of Kamondo in Mufumbwe, citing the levels of violence as
having disenfranchised voters. Some observers asserted that the court's
ruling favored the ruling party, although Musonda denied that political
factors influenced his decision. Kamondo appealed the decision to the
Supreme Court.
On August 5, PF candidate Susan Kawandami was elected MP
representing Chifubu and Charles Milupi was re-elected to represent
Luena. Milupi ran for his own seat after joining the Alliance for
Democracy and Development party. Some observers alleged that MMD
supporters in both constituencies engaged in vote buying and misuse of
government resources for partisan purposes. On October 25, UPND
candidate Cosmas Moono was elected MP representing Chilanga and MMD
candidate Given Mung'omba was elected MP for Mpulungu. Observers
alleged that the Chilanga election was accompanied with isolated
instances of political violence while in both elections there was
misuse of government resources for partisan purposes.
Political parties could operate without restriction or outside
interference, and individuals could independently run for election.
However, the ruling MMD exerted considerable influence over the
electoral process by using government resources to conduct political
campaigns.
There were 22 women in the 158-seat parliament, four in the 27-
member cabinet, and four on the Supreme Court. There was one minority
MP; there were no minorities serving in the cabinet or on the Supreme
Court. There were no female or minority provincial ministers. Political
parties did not allocate parliamentary seats to minorities or women.
On June 22, the National Constitutional Conference (NCC) concluded
its work and published a revised draft of the constitution proposed by
the 2005 Mung'omba Constitutional Review Commission. During a 40-day
public comment period, the NCC incorporated some changes suggested by
civil society organizations and the public. On August 31, the NCC
submitted the final amended draft constitution to the minister of
justice for submission to parliament. Some civil society groups,
including large umbrella organizations representing women's and church
groups, maintained their boycott of the NCC in protest of what they
perceived as disproportionate government and ruling party
representation.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government attempted to implement the law; however, some officials
engaged in corrupt practices with impunity. Petty corruption among the
police and other public authorities was particularly problematic.
Police, who enjoyed a high degree of impunity, released prisoners for
bribes, extorted money from victims, and required ``document processing
fees'' or ``gas money'' to commence investigations.
The World Bank's latest worldwide governance indicators reflected
that corruption was a serious problem.
On March 15, the Government announced its National Anti-Corruption
Policy Implementation Plan. The Anti-Corruption Commission (ACC), which
reports independently to the president, is responsible for combating
government corruption. The Government continued its collaboration with
the international community to improve its capacity to investigate and
prevent corruption. Parliamentary committees sustained their scrutiny
of executive branch operations and resolved some irregularities
reported by the Office of the Auditor General (OAG). The ACC continued
its prosecution and public educational activities. In 2009 the ACC
received 2,073 reports of corruption, 658 of which were investigated.
Of those, eight resulted in convictions. The ACC maintained a toll-free
hotline for reports of corrupt practices.
There remained a widespread public perception that corruption was
pervasive in almost all government institutions.
Controls over government funds and property were often weak,
investigative units often lacked authority and personnel, and officials
dealing with the public frequently demanded illicit payments with
impunity. Additionally, the Government had no clear policy for handling
evidence in corruption cases, and the process to liquidate assets
seized in these cases was not transparent.
Public officials were not subject to financial disclosure laws,
although presidential candidates were required to disclose financial
assets when filing their candidacies with the Supreme Court.
On April 13, parliament enacted the Public Interest Disclosure
(Whistleblowers Protection) Act, the Forfeiture of Proceeds of Crime
(Asset Forfeiture) Act, and the Plea Negotiations and Agreements (Plea
Bargaining) Act. The Whistleblowers Protection Act protects those who
report incidents of corruption and entitles them to anonymity,
compensation, relocation, and employment reinstatement. The act does
not protect those who air complaints publicly in the press. The Asset
Forfeiture Act allows the Government to seize and confiscate illegally
obtained property. The Plea Bargaining Act establishes a formal plea
bargaining mechanism, which is designed to be employed in corruption
cases.
On November 3, parliament passed the Anti-Corruption Commission Act
of 2010, which removed clauses in the existing law providing for abuse
of office by public officials as a ground for corruption prosecutions.
These clauses had authorized prosecutors to investigate and prosecute
officials if they had abused their offices to amass wealth and/or
maintain a standard of living beyond their means. Some civil society
and opposition figures criticized the change as weakening
anticorruption efforts because it eliminated a legal statute used to
convict some officials of corruption.
During the year the Government investigated and prosecuted
corruption cases.
For example, on May 18, the OAG published an audit report of the
Roads Development Agency (RDA) indicating that it spent 985 trillion
kwacha ($195.5 million) more on road projects than appropriated by
parliament and noted several financial irregularities. On August 21,
the parliamentary Public Accounts Committee found that the RDA board of
directors provided insufficient oversight. Resolution of the audit
findings remained pending at year's end.
On May 26, a Lusaka court convicted Chansa Kabwela, a member of
parliament and former finance minister, of corruption for accepting a
$5,500 bribe (in U.S. dollars) in connection with irregular payments
made to two security companies. He was sentenced to five years at hard
labor. His appeal in the High Court remained pending at year's end.
On August 13, High Court Judge Evans Hamaundu dismissed a petition
to register in the country a 2007 London High Court judgment of 23
million UK pounds ($46 million) against former president Fredrick
Chiluba and seven others. Hamaundu ruled that Zambian law did not allow
foreign judgments to be registered directly, although some previous
foreign judgments have been registered.
During the year the Government arrested seven Ministry of Health
(MOH) officials in connection with the alleged embezzlement of more
than 35.7 billion kwacha ($7.14 million) at the MOH. The case remained
pending at year's end.
In February 2009 a judge convicted former minister of lands Gladys
Nyirongo of corrupt practices and abuse of authority and sentenced her
to four years' imprisonment with hard labor. On October 8, the High
Court upheld her conviction but reduced her sentence to two years'
simple imprisonment. Nyirongo appealed to the Supreme Court. The case
remained on appeal at year's end.
In March 2009 a judge convicted former president Chiluba's wife
Regina of theft and sentenced her to three-and-a-half years'
imprisonment in a case stemming from items she illegally received from
her husband while he served as president. On December 7, the Lusaka
High Court overturned Regina Chiluba's conviction, and the prosecution
declined to appeal the case.
The law does not provide for public access to government
information; however, the Government provided information to media and
other interested parties, including foreign media, on an informal
basis. Information related to defense and security forces was withheld
from the public for reasons of national security.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were somewhat cooperative and responsive to their views.
Although the Government enacted a law to regulate NGOs in August
2009, it had not officially implemented the law by year's end. Many
NGOs expressed concern that government officials would use the new law
to punish or disband NGOs for publicly expressing critical views on
human rights and governance issues. NGOs claimed that the bill would
force NGOs to focus on the Government's development priorities at the
expense of their own objectives and that the Government-controlled NGO
Registration Board created by the law would exert political pressure on
NGOs.
The Government regulated some NGOs prior to the law's
implementation. On January 14, then-minister of home affairs Lameck
Mangani directed the Registrar of Societies to come up with details
about the Press Association of Zambia Executive Committee to ascertain
the leadership's legality. On February 12, the Government opened an
investigation into allegations that the Media Institute of Southern
Africa had committed financial irregularities. On March 18, Mangani
announced that eight NGOs were under investigation for alleged money
laundering and other illegal activities, and the Registrar of Societies
was scrutinizing some NGOs' mandates. The timing of his announcement
coincided with vocal opposition to government proposals for statutory
media regulation by the independent media and some NGOs.
The Government generally cooperated with local human rights
observers and international human rights and humanitarian NGOs. The
Government cooperated with international governmental organizations and
permitted visits by UN representatives, the ICRC, and other
organizations.
The HRC monitored human rights conditions, interceded on behalf of
persons whose rights it believed were denied by the Government, and
spoke on behalf of detainees and prisoners. The HRC oversees local
human rights committees in all nine provincial capitals and nominally
enjoyed the Government's cooperation without substantial political
interference. However, independent human rights groups noted that the
HRC was understaffed, underfinanced, and relied on the police to
enforce its recommendations.
The HRC noted in its 2009 report abuses by the judiciary and the
police and called on the Government to implement reforms, including
further criminalizing human rights violations. Citing funding
insufficiency, the HRC did not issue an annual report during the year.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
ethnic group (tribe), gender, place of origin, marital status,
political opinion, color, disability, language, social status, or
creed. However, the Government did not effectively enforce the law, and
violence and discrimination against women and children, discrimination
based on sexual orientation, trafficking in persons, and discrimination
against persons with disabilities remained problems.

Women.--The law prohibits rape, and courts have discretion to
sentence convicted rapists to life imprisonment with hard labor.
However, rape was widespread. The Government did not enforce the law
effectively and obtained few rape convictions. In 2009 the ZPS's Victim
Support Unit (VSU) recorded 244 cases of rape, 60 cases of attempted
rape, and 188 cases of indecent assault; 111 defendants were convicted,
22 were acquitted, and 25 cases were withdrawn. However, these totals
underestimated the problem's actual extent. The law does not
specifically prohibit spousal rape, and penal code provisions that
criminalize rape cannot be used to prosecute cases of spousal rape.
Domestic violence against women was a serious problem, and wife
beating was widespread. There is no specific law against domestic
violence, including spousal abuse, and cases of domestic violence were
prosecuted under the penal code's general assault provisions. Penalties
for assault range from a fine to 25 years in prison, depending on the
severity of injury and whether a weapon was used during the assault.
The VSU was responsible for handling cases of domestic assault, wife
beating, mistreatment of widows, and property expropriation (grabbing)
by the deceased husband's relatives. In practice the police were often
reluctant to pursue reports of domestic violence and preferred to
encourage reconciliation.
The Government and NGOs expressed continued concern about violence
against women. Fear of retribution and cultural considerations deterred
women from reporting domestic violence cases, and the VSU stated in a
June 2009 report that this meant the full extent of sexual and gender-
based violence was unclear. However, increased public awareness
resulted in more reporting of such incidents to police and other
authorities than in previous years. The VSU reported that victims often
refused to cooperate and the unit lacked equipment to analyze forensic
evidence. The Government operated gender-based violence shelters, a
toll-free hotline, and eight one-stop centers to provide comprehensive
assistance to victims of sexual and gender-based violence. During the
year the Government provided gender-based violence training to more
than 300 police officers.
Sex tourism occurred but was not prevalent. Sexual harassment was
common. The law only prohibits sexual harassment of children; however;
the penal code contains provisions under which sexual harassment could
be prosecuted. The Government has successfully prosecuted persons for
such actions. The Government has also successfully prosecuted persons
for other forms of harassment under other sections of the penal code.
Although couples and individuals enjoyed the right to decide freely
and responsibly the number, spacing, and timing of their children, they
often lacked access to information. Scarcity of information effectively
led to discrimination against women in the exercise of reproductive
rights. Many women lacked access to contraception and skilled
attendance during childbirth, including essential prenatal, obstetric,
and postpartum care. UNICEF estimated that from 2003-08, the maternal
mortality ratio was 590 per 100,000 live births. Women generally did
not experience discrimination in terms of diagnosis and treatment for
sexually transmitted infections. The number of women who received HIV
testing and treatment increased substantially in recent years, and many
more women than men sought treatment. Barriers that limited access to
these services include economic and social discrimination as well as
lack of access to health facilities.
The law generally entitles women to equality with men. However, the
Government did not adequately enforce the law, and women in practice
experienced discrimination in employment, education, and land and
property ownership. Women who were employed often suffered from
discriminatory conditions of service, including pay inequity. Although
the Ministry of Lands set aside special land quotas for women to
redress the imbalance in property ownership, women lacked adequate
access to credit to purchase land or property. In most cases, women
remained dependent on their husbands or male members of their family to
cosign for loans. As a result, few women owned their own homes or
businesses, although some financial institutions allowed women to sign
independently for loans. The Government was proactive in improving the
status of women through legal protections and public awareness
campaigns. The Ministry of Women, Gender, and Development (MOWGD) and
the Gender in Development Division (GIDD) are the Government's primary
agencies charged with promoting the status of women. The MOWGD
coordinates gender policy while the GIDD plans, coordinates, and
implements gender programs and policies across ministries.
Local customary law generally discriminates against women. Despite
constitutional and legal protections, customary law subordinates women
with respect to property ownership, inheritance, and marriage. Polygamy
is legally permitted under customary law. The practice of ``sexual
cleansing,'' in which a widow is compelled to have sexual relations
with her late husband's relatives as part of a cleansing ritual,
continued as a practice under customary law. However, many local
leaders banned the practice. The penal code prohibits ``sexual
cleansing'' of children under the age of 16.
Customary law dictates that rights to inherit property rest with
the deceased man's family. Statutory law prescribes that the man's
children equally share half of an estate, the widow 20 percent, the
man's parents 20 percent, and other dependents 10 percent. In a
polygynous marriage, the widow's share must be divided proportionally
with other women based on the length of time each has stayed in the
marriage. As a result, property grabbing from widows remained
widespread. The courts generally consider property grabbing a criminal
offense and mandate up to three years' imprisonment in these cases.
However, most property grabbing cases were decided in local courts, and
the fines they imposed were low.
On December 10, UN Special Rapporteur on Violence Against Women,
Rashida Manjoo, expressed concern over the country's use of customary
law and stated that it contributed to discrimination against women and
led to inconsistent application of justice in cases of violence against
women.

Children.--The Ministries of Labor and Social Security (MLSS),
Sport, Youth, and Child Development (MSYCD), Community Development and
Social Services (MCDSS), Home Affairs (MoHA), and Education shared
responsibility for promoting children's welfare. However, scarce
resources and ineffective implementation of social programs continued
to hinder their ability to assist children.
Citizenship is derived by birth within the country's territory or
from one's parents. The Government's failure to register births did not
result in the denial of public services, such as education or health
care, to children. UNICEF indicated in 2009 that approximate 16 percent
of urban births and 6 percent of rural births in the country were
registered.
Although government policy calls for free basic education through
grade seven, education was not compulsory, and many children did not
attend school. Contrary to government policy, many teachers and school
administrators required students to purchase uniforms or pay a fee
before allowing them to attend classes, preventing some children from
attending school. The numbers of girls and boys in primary school were
approximately equal; however, fewer girls attended secondary school.
Sexual abuse by teachers discouraged many girls from attending classes.
Although the law prohibits sexual harassment of children, child
abuse and violence against children were common problems. Defilement,
which the law defines as the ``unlawful carnal knowledge of a child
under the age of 16,'' was particularly common. The police VSU recorded
1,676 defilement cases in 2009; prosecutions resulted in 277
convictions and 63 acquittals.
Female genital mutilation (FGM) is prohibited under the country's
penal code and has rarely occurred in practice. Most cases of FGM in
the country have been limited to small communities of immigrants from
other parts of Africa. There were no cases of FGM reported during the
year.
The 2007 Demographics and Health Survey published by the Central
Statistical Office indicated that 46 percent of women between the ages
of 20 and 49 were married by age 18, including 11.6 percent who were
married by age 15. Child marriage was more common in rural areas than
in urban centers. Although a person must be at least 16 years old to
marry under the formal law, there is no minimum age under customary
law. Some local leaders spoke against child marriage and took steps to
discourage it; however, most condoned the practice. The Police and
Magistrates' courts intervened in cases of gross abuse.
The law criminalizes child prostitution and child pornography with
penalties of up to life imprisonment for perpetrators. Child victims of
prostitution are not charged unless they are also pimps over 12 years
of age. However, the law was not enforced effectively, and child
prostitution was common. The country has a statutory rape law that
provides penalties of up to life imprisonment in rape cases. The
minimum age for consensual sex is 16 years.
There are a large number of displaced and institutionalized
children. According to the 2007 Zambian Demographic and Health Survey,
the country has approximately 1.1 million orphaned children under the
age of 17, including approximately 600,000 children orphaned as a
result of HIV/AIDS. Orphaned children faced greater risks of child
abuse, sexual abuse, and child labor. The survey indicated that about
four in 10 children under the age of 18 were not living with both
parents. About one in five children under the age of 18 were not living
with either parent, and 15 percent were orphaned.
An estimated 20,000 to 30,000 children lived on the streets, often
begging or prostituting themselves to survive. The joint MCDSS and ZPS
Child Protection Unit (CPU) worked with the police to identify and
assist street children. The MCDSS District Street Children Committee
authorized the CPU to place children, including orphans and neglected
children, in government- and NGO-operated shelters. The CPU
reintegrated street children with their families, sent them to school,
and placed others in shelters. The MCDSS also maintained a cash
transfer scheme to target vulnerable families who might otherwise send
minors into the streets to beg or work. The MSYCD continued its efforts
to rehabilitate street children by providing education and skills
training at two converted national service camps for up to 200 girls in
Kitwe and for 400 boys in Chipata. After graduating from the camps, the
children were placed in youth resource centers throughout the country,
where they received training in carpentry, tailoring, farming, and
other trades.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--There were approximately 80 persons in the Jewish
community; there were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination in
general, but there is no law that specifically prohibits discrimination
against persons with physical, sensory, intellectual, or mental
disabilities in employment, education, access to health care, or the
provision of other state services or in other areas. Although the
Government did not impose restrictions on persons with physical or
mental disabilities from voting or participating in civic affairs, the
law prohibits those with mental disabilities from holding public
office. Persons with disabilities faced significant societal
discrimination in employment and education.
The MCDSS has responsibility for ensuring the welfare of persons
with disabilities. Public buildings, schools, and hospitals rarely had
facilities to accommodate persons with disabilities. The Government did
not mandate accessibility to public buildings and services for persons
with disabilities. In September 2009 The Post reported that conditions
at the country's only mental health facility, Chainama Hills Mental
Hospital, were generally good. No patterns of abuse of persons with
disabilities in prisons were reported.

National/Racial/Ethnic Minorities.--The country's seven major
ethnic groups--Bemba, Kaonde, Lozi, Lunda, Luvale, Ngoni, and Tonga--
are divided into 73 ethnic subgroups. The Government protected their
civil and political rights and any existing rights under the domestic
law to share in revenue from the exploitation of natural resources on
indigenous lands. The Government generally permitted autonomy for
ethnic minorities by encouraging the practice of local customary law.
Some political parties maintained political and historical connections
to indigenous groups and promoted their interests.
The Government grants special recognition to the Barotse Royal
Establishment (BRE) as the political authority of the Lozi ethnic
group. However, the Government does not recognize the 1964 Barotseland
Agreement signed by the United Kingdom, Northern Rhodesia, and the BRE
immediately prior to Zambia's independence that granted the Lozi
political autonomy. Some Lozi groups have demanded official recognition
of Barotseland as an autonomous region. On October 9, police arrested
Grace Likando, Muyangana Muyangana, and two other members of the
Barotse Freedom Movement (BFM) for reportedly protesting without
permission to advocate for the recognition of the agreement in the
draft constitution. On October 23, police reportedly killed two
individuals in Mongu during a BFM protest.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law criminalizes
homosexual behavior and provides penalties of 15 years' to life
imprisonment for individuals who engage in ``unnatural'' (homosexual)
acts. A lesser charge of ``gross indecency'' carries penalties of up to
14 years' imprisonment. The Government enforced the law that
criminalizes homosexual conduct and did not respond to societal
discrimination. Societal violence against homosexual persons occurred,
as did societal discrimination in employment, housing, and access to
education or health care. There were active groups promoting rights of
such persons, but the MoHA Registrar of Societies continued to refuse
to register them. Groups held social gatherings but did not participate
in open demonstrations or marches. There were also social impediments
to the operation and free association of organizations for LGBT
persons.
On September 20, five male students from Kabulonga Boys High School
in Lusaka appeared in court on charges of gross indecent practices
between persons of the same sex for allegedly having performed sexual
acts on other male students. If convicted they face minimum of seven
years' and maximum of 14 years' imprisonment. The case remained pending
at year's end.

Other Societal Abuses and Discrimination.--The Government actively
discouraged discrimination against persons with HIV/AIDS. However,
there was strong societal and employment discrimination against such
individuals. Government officials made announcements discouraging such
discrimination, but they did not publicly acknowledge cases of HIV/AIDS
among government officials. As a result, the Government made little
headway in changing entrenched attitudes of discrimination and denial.
On May 26, the Livingstone High Court declared mandatory government
testing of HIV/AIDS illegal. It awarded 10 million kwacha ($2,000) each
to Stanley Kingaipe and Charles Chookole, two former air force officers
who had sued the air force for dismissing them because they were
diagnosed as HIV-positive. The court awarded damages because Kingaipe
and Chookole were tested without their consent. However, the court
upheld their dismissals on the basis that they were not dismissed due
to their HIV status.
Individuals increasingly sought free access to HIV/AIDS counseling
and testing, and more than 300,000 HIV patients, including 23,000
children, were receiving antiretroviral treatment by year's end.
Section 7. Worker Rights

a. The Right of Association.--The law allows workers to form and
belong to trade unions of their choice without previous authorization
or excessive requirements, and workers exercised these rights in
practice. Police officers and military personnel were not permitted to
form unions. Approximately two-thirds of the country's 300,000 formal
sector employees were unionized. The law allows unions to conduct their
activities without interference, and the Government generally protected
this right in practice.
The Industrial and Labor Relations Act governs union activity. No
organization can be registered unless it has at least 25 members, and,
with some exceptions, no trade union can be registered if it claims to
represent a class of employees already represented by an existing trade
union. Unions may be deregistered under certain circumstances; however,
the law provides for notice, reconsideration, and right of appeal to an
industrial relations court.
The law provides the right to strike, except for those engaged in a
broadly defined range of essential services, but requires that all
other legal recourse be exhausted first. Essential services not
permitted to strike include the defense force, judiciary, police,
prison and health services, and the ZSIS. The law further defines
essential services as any activity relating to the generation, supply,
or distribution of electricity; the supply and distribution of water,
and sewage removal; fire departments; and the mining sector. Because
the process of exhausting other legal alternatives to striking is
lengthy, most unions chose to strike illegally. The last legal strike
in the country occurred in 1993. Workers who engaged in illegal strikes
could be dismissed by their employers; the Government at times
intervened for political reasons when such dismissals occurred. During
the year there were no such dismissals.

b. The Right to Organize and Bargain Collectively.--The right to
collective bargaining, without government interference, is protected in
law and freely practiced. The law also prohibits antiunion
discrimination and employer interference in union functions, and the
Government enforced this right.
There are no known special laws or exemptions from regular labor
laws in the Lusaka and Chambishi Multi-Facility Economic Zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that such practices occurred in labor-intensive, informal-
sector work such as domestic service, hospitality, agriculture,
construction, and sexual exploitation. Forced labor occurred in the
agriculture and mining sectors but was not common. The law authorizes
the Government to call upon citizens to perform labor in specific
instances, such as during national emergencies or disasters. The
Government also may require citizens to perform labor associated with
traditional civil or communal obligations, as when a traditional leader
or other dignitary calls upon all members of a village to assist in
preparing for a visit; however, there were no reports of such
activities during the year.
Also see the Department of State's annual Trafficking in Persons
Report at http://www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits employment of children at any commercial, agricultural,
or domestic worksite and the engaging of a child in the worst forms of
child labor as defined in international conventions. Nevertheless,
child labor was a problem in subsistence agriculture, domestic service,
construction, farming, transportation, prostitution, quarrying, mining,
and other informal sectors, where children under the age of 15 often
were employed, and the law was not enforced. The law also prohibits
slavery and the procurement or offering of a child for illicit
activities.
The minimum age for employment is 15; for hazardous work, it is 18.
The labor commissioner effectively enforced minimum age requirements in
the industrial sector, where there was little demand for child labor;
however, minimum age standards were seldom enforced in the informal
sector, particularly in mining and agriculture. Zambia ratified ILO
Convention 182 in 2001 but had not promulgated a list of occupations
considered to be the worst forms of child labor. Among the worst forms
prohibited by law are child prostitution, slavery in all its forms,
forced military conscription of children, and work that is harmful to
the safety, health, or morals of children and young persons.
During the year children, particularly those who had lost both
parents to HIV/AIDS, were sent to rural areas to be cared for by
relatives, or they lived on the streets.
The MLSS, MoHA, and MCDSS are responsible for the implementation
and enforcement of child labor laws and regulations, with charges for
violations that provide for penalties ranging from a fine to a maximum
of 25 years' imprisonment, or both. Labor inspectors may also enter
family homesteads and agricultural fields to check for child labor
violations.
Because more than 85 percent of child labor occurred in the
agricultural sector, most often with the consent of families, the MLSS
labor inspectors focused on counseling and educating families that
engaged children in child labor and did not refer any cases for
prosecution during the year. Due to the scarcity of transportation,
labor inspectors frequently found it difficult to conduct inspections
in some rural areas. In cooperation with NGO partners, the Government
continued its efforts to remove children from abusive situations. The
children, mainly orphans, were placed in formal and transitional
classes, while others were given vocational skills training. Local
governments maintained 16 district child labor committees to perform
outreach and plan activities for vulnerable and working children. The
purpose of the committees was to increase awareness of child labor laws
and the harmful effects of child labor, to mobilize communities to
eliminate the worst forms of child labor, and to monitor the
implementation of child labor programs at the district and village
levels. The Government continued to provide awareness and training
activities for officials charged with enforcing child labor laws;
however, the MLSS reported that resource constraints prevented it from
providing all required training. The Government participated in several
projects to combat child labor and had generally been supportive.
For information on child trafficking, see the Department of State's
annual Trafficking in Persons Report at http://www.state.gov/g/tip.

e. Acceptable Conditions of Work.--The minimum wage in the formal
sector was 268,000 kwacha ($53.60) per month, based on the legal
maximum workweek of 48 hours. Significant parts of the workforce,
including foreign and migrant workers, are not covered by minimum wage
provisions and other acceptable conditions of work. The minimum wage
for nonunionized workers, whose wages and conditions of employment were
not regulated through collective bargaining, was determined by category
of employment. The minimum wage did not provide a worker and family
with a decent standard of living; most minimum wage earners
supplemented their incomes through second jobs, subsistence farming, or
reliance on extended family. The minimum wage act did not apply to
domestic servants. The MLSS is responsible for enforcing the minimum
wage, and its inspectors received and resolved complaints.
For unionized workers, wage scales and maximum workweek limits were
established through collective bargaining. In practice almost all
unionized workers received salaries considerably higher than the non-
unionized minimum wage. The standard workweek was 40 hours, and there
were limits on excessive compulsory overtime, depending on the category
of work. The law requires that workers earn two days of annual leave
per month, and there is no limit on how much leave they can accrue. The
law provides for overtime pay. Employers must pay employees who work
more than 48 hours (45 hours in some categories) in one week at a rate
of one and one-half times their hourly rate for their overtime hours.
Workers receive double the rate of their hourly pay for work done on a
Sunday or public holiday. The Government effectively enforced these
standards.
The law also regulates minimum health standards in industry, and
city and district councils were responsible for enforcement. The
inspector of factories under the minister of labor handled factory
safety; however, staffing shortages limited enforcement effectiveness.
The MLSS continued to conduct labor inspections during the year and
ordered businesses to close when it found significant violations of
labor laws.
On June 21, 22 miners were seriously injured in an underground mine
accident at the Chinese Collum Coal Mine (CCM) in Sinazongwe. On July
21, four Chinese nationals at CCM reportedly assaulted miners Killian
Chilindile and Chipo Muleya for failing to reach production targets.
The case remained pending at year's end. On July 28, three miners were
seriously injured in an underground mine accident at CCM. Although the
Government closed the mine in 2009 for previous violations, it had not
resolved these incidents by year's end.
On October 15, two Chinese managers at CCM reportedly shot and
wounded 13 Zambian employees in Sinazongwe as they protested over
salaries and working conditions. The victims were hospitalized and
later released. Officials from the Ministries of Mines and Labor and
Social Security investigated the incident. CCM management agreed on
November 10 to compensate the 13 Zambian workers between 20 and 45
million kwacha ($4,000 and $10,000 each) in exchange for not pressing
the Government to prosecute. Management also increased the minimum
basic monthly salary of its workers.
On November 6, police arrested a Chinese national, Bo Khan, for
allegedly threatening to shoot his employees, Sankulani Phiri and
Monica Sitali, after they tried to leave his residence without his
permission. His case remained pending at year's end.
The law protects the right of workers to remove themselves from
work situations that endangered health or safety without jeopardy to
their continued employment, but workers did not exercise this right in
practice. The Government acted when well-known occupational health
problems existed, such as by requiring that underground mine workers
receive annual medical examinations.

__________

ZIMBABWE

Zimbabwe, with a population of approximately 11.4 million, is
constitutionally a republic, but the Government, dominated by President
Robert Mugabe and his Zimbabwe African National Union-Patriotic Front
(ZANU-PF) since independence, was not freely elected and was
authoritarian. The last four national elections--the presidential
election in 2002, parliamentary elections in 2005, harmonized
presidential and parliamentary elections in March 2008, and the
presidential run-off in June 2008--were not free and fair. In the March
2008 elections, two factions of the opposition Movement for Democratic
Change (MDC), known as MDC-T to denote Morgan Tsvangirai's faction and
MDC-M for the group led by Arthur Mutambara, gained a parliamentary
majority. Mugabe was declared the winner of the June 2008 run-off
election after opposing candidate Tsvangirai withdrew due to ZANU-PF-
directed violence that made a free and fair election impossible.
Negotiations subsequently took place, and in September 2008 the three
parties signed the Global Political Agreement (GPA), a power-sharing
agreement under which Mugabe would retain the presidency and Tsvangirai
would become prime minister. In February 2009 Tsvangirai was sworn in
as prime minister, and new cabinet ministers and deputy ministers from
MDC-T, MDC-M, and ZANU-PF also were sworn in. Although the constitution
allows for multiple parties, ZANU-PF, through the use of government and
paramilitary forces, continued to intimidate and commit abuses against
members and supporters of other political parties and obstructed their
activities. In numerous instances, ZANU-PF leadership took actions and
implemented policies that were contrary to the terms set out in the
GPA. In February 2009 the National Security Council (NSC) was
established to provide policy oversight and guidance to the security
forces and direction to the Joint Operation Command (JOC--a group of
senior security and civilian authorities). There were instances in
which elements of the security forces acted independently of civilian
control.
Security forces, police, and ZANU-PF-dominated elements of the
Government continued to commit numerous, serious human rights abuses.
ZANU-PF's dominant control and manipulation of the political process
through trumped-up charges, arbitrary arrest, intimidation, and
corruption effectively negated the right of citizens to change their
government. There were no politically motivated killings by government
agents during the year; however, security forces continued to torture,
beat, and abuse non-ZANU-PF political activists and party members,
student leaders, and civil society activists with impunity. Projections
of an early election in 2011 also led to an increase in the number of
cases of harassment and intimidation of civil society, humanitarian
organizations, and the media toward the end of the year. Security
forces continued to refuse to document cases of political violence
committed by ZANU-PF loyalists against members of other political
parties. Prison conditions improved but remained harsh and life
threatening. Security forces, which regularly acted with impunity,
arbitrarily arrested and detained political activists not associated
with ZANU-PF, members of civil society, labor leaders, journalists,
demonstrators, and religious leaders; lengthy pretrial detention was a
problem. Executive influence and interference in the judiciary
continued, and the Government infringed on citizens' privacy rights.
The Government continued to use repressive laws to suppress freedom of
speech, press, assembly, association, and movement. The Government
restricted academic freedom. High-ranking government officials made
numerous public threats of violence against demonstrators and political
activists not associated with ZANU-PF. The Government continued to
evict citizens and to demolish homes and informal marketplaces. Farm
invasions continued, and the Government impeded nongovernmental
organization (NGO) efforts to assist those displaced, as well as other
vulnerable populations, albeit to a lesser degree than in 2009.
Government corruption remained widespread. The following human rights
violations also continued: government restrictions on domestic and
international human rights NGOs; violence and discrimination against
women; trafficking of women and children; discrimination against
persons with disabilities, ethnic minorities, the lesbian, gay,
bisexual, and transgender (LGBT) community, and persons with HIV/AIDS;
harassment and interference with labor organizations critical of
government policies; child labor; and forced labor, including by
children.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--Unlike in 2009,
there were no reports that the Government or its agents committed
arbitrary or unlawful killings.
There were three confirmed killings by political party supporters
during the year. On April 17, ZANU-PF party activists and war veterans
brutally beat Memory Chaduka, a female informal trader, in Masvingo for
failing to contribute money toward Independence Day celebrations. Those
who failed to make contributions to the Masvingo Informal Traders
Association for the celebration were accused of being MDC supporters.
Chaduka died of an extended injury resulting from broken ribs. ZANU-PF
party activists also beat 25 other informal traders.
On September 19, in Harare, ZANU-PF youths beat Chrispen
Mandizvidza in the abdomen with unknown objects during a constitutional
outreach meeting in Harare. Mandizvidza died on September 22 from a
perforated bowel due to blunt trauma.
On November 27, Augustine Mahute, an MDC activist, died from
beating by ZANU-PF youths and then by police officers while in
detention at Harare's Matapi Police Station. Mahute was involved in a
dispute with ZANU-PF youths in the neighborhood. The youths also
prevented Mahute's family from holding a funeral service by barring
access to their house. Two individuals were injured in the skirmish.
There were no developments in the torture and killing of Takunda
Neshumba in March 2009 in police custody in connection with illegal
diamond mining or in the beating and killing of Barnabas Makuyana in
June 2009 by soldiers in Marange in connection with illegal diamond
mining.
There were no developments in the case of Arnold Mosterd, who died
after being beaten in July 2009 by ZANU-PF supporters in Macheke,
Mashonaland East. The suspects were originally arrested, but minister
of state in the President's Office Didymus Mutasa reportedly ordered
their release and allegedly told villagers to ``deal with'' strangers
who visited the area inquiring about the killing, as they would be MDC
supporters.
There were no developments in the killing of MDC-T activist
Godknows Dzoro Mtshakazi in August 2009 by four soldiers or the beating
and killing of Moreblessing Tirivangani in September 2009 by soldiers
in connection with illegal diamond mining.
In 2009 at least 19 citizens died as a result of injuries sustained
from political violence that targeted members of the opposition party
in 2008, in addition to the more than 270 who died in 2008. The MDC-T
released a statement in early July that named approximately 11,000
perpetrators and catalogued them by province. Mashonaland East had the
largest number--approximately 3,700--of perpetrators. The killings were
primarily committed by members of ZANU-PF, ZANU-PF youth militia, war
veterans, and, to a lesser extent, members of the military and police.
At year's end, no one had been held legally accountable for the
killings.
There were no reported killings in connection with the Chiadzwa
diamond fields during the year; 40 persons were killed there in 2009.
In late 2008 security forces undertook a major operation to remove
illegal diamond miners in the Marange/Chiadzwa area of Manicaland.
Their brutal and heavy-handed approach resulted in hundreds of deaths.
Despite the more than 270 confirmed killings resulting from
political violence in 2008, there were no prosecutions or convictions
in any of the cases. The Zimbabwe Human Rights NGO Forum filed 655
suits in court against perpetrators for human rights violations. Of the
total cases, 305 were filed against nonstate actors. By year's end,
four cases were settled out of court, three cases were scheduled for
trial, and 280 cases were referred to the community courts.
During his annual address on Heroes' Day on August 9, President
Mugabe stated that the Government would not punish those responsible
for past politically motivated violence.

b. Disappearance.--There were several credible reports of
politically motivated abductions and attempted abductions during the
year. MDC leaders reported that state security agents and ZANU-PF party
supporters abducted and tortured dozens of MDC and civil society
members, as well as student leaders, as part of an effort to intimidate
them. The number of abductions spiked during the constitutional
outreach process. In the majority of cases, victims were abducted from
their homes or off the streets by groups of unidentified assailants;
driven to remote locations; interrogated, assaulted, or tortured for
one or two days; and abandoned. In some cases, the abducted person was
located in police custody days or weeks later.
On April 1, state security agents abducted Zivanai Muzorodzi, a
Zimbabwe National Students Union (ZINASU) student leader, and beat him.
The abduction came after Muzorodzi led a student demonstration on March
29. Security agents in civilian clothing forced Muzorodzi from his
house into a car and interrogated him as to why students were mixing
student issues with national politics. Muzorodzi refused to divulge any
information and, subsequently, was beaten and warned against future
involvement in national politics.
On May 27, in Masvingo security agents abducted and tortured two
ZINASU leaders, Alec Tabe and Godfrey Kuraune. Tabe and Kuraune were
organizing a demonstration against high examination fees at Masvingo
Polytechnic. They were picked up by Central Intelligence Organization
(CIO) agents, who then tortured them on their chests and genitals with
a pair of pliers before leaving them at a nearby police station. Tabe
and Kuraune were released after paying an admission of guilt fine to
the police.
On August 16, security agents abducted at gunpoint seven MDC-T
supporters in Manicaland after the seven were accused of being vocal at
a constitutional outreach meeting. All were found at the Chisumbanje
police station on August 20. They were charged with disturbing the
peace and released after paying $10 fines each.
On December 24, three CIO agents in Chiredzi attempted to abduct
Julius Mutavira and, failing to do so, assaulted him for being an MDC
member. The agents arrived in an unmarked vehicle and tried to force
Mutavira into the vehicle. Mutavira resisted and the agents beat him.
Mutavira sustained severe injuries. He reported the incident to the
Chikombedzi police station on December 28.
There were no new developments in the following 2009 cases: the
February abduction and beating of a ZANU-PF party activist, the March
abduction and beating of an MDC-T leader, the May abduction and burning
of an MDC-T party chairperson, and the May abduction and beating of 13
MDC-T supporters.
The Government did not investigate reported abductions.
In 2008 multiple court cases were brought against 18 individuals,
including 14 MDC-T members, three human rights activists, and one
journalist, who were abducted and tortured by state security agents and
then turned over to police. On August 30, the High Court held its first
hearing on allegations of torture brought by one of the 18 individuals,
Mapfumo Garutsa. The hearing was postponed, and police had not launched
an investigation into the abductions by year's end.
On August 13, the Government appealed a December 2009 magistrate
court decision to dismiss contempt of court charges against Alec
Muchadehama, who represented seven men who were abducted and tortured
by state security agents and then were accused of involvement in
various 2008 police station and railroad bombings; and court clerk
Constance Gambara, who had prepared three of the defendants' orders of
release on bail (see section 1.d.). In June 2009 Magistrate Chioniso
Mutongi ruled that there was no reasonable suspicion that Muchadehama
committed the alleged offenses. In October 2009 Mutongi suspended the
trial due to the actions of an aggressive prosecutor whom he held in
contempt of court. Magistrate Archie Wochiunga replaced Mutongi in
November 2009 because the latter resigned due to harassment and
threats. The Government appeal was pending at year's end.
There were some developments related to the case of MDC-T activists
Lloyd Tarumbwa, Terry Musona, and Fanny Tembo, who were abducted and
tortured by security agents in 2008. In June 2009 authorities arrested
MDC-T director general Toendepi Shonhe for testifying to their
abduction. During a closed-door hearing with the judge and lawyers for
the three abductees and the Government's lawyer, Shonhe had signed an
affidavit stating that the three had been abducted. Shonhe was charged
with perjury as a result of his statement (see section 1.d.). In August
2009 the Government failed to produce credible witnesses, and Shonhe
was acquitted. On January 18, Fanny Tembo and Emmanuel Chinanzvana were
arrested on charges of killing a ZANU-PF councilor. They were released
on the same day. The case was pending at year's end.
There were no developments in determining the whereabouts of the
following MDC-T activists identified as abducted in 2008: Gwenzi
Kahiya, Ephraim Mabeka, Lovemore Machokoto, Charles Muza, and Edmore
Vangirayi. Graham Matehwa was found alive in February 2009 near his
home in Makoni district.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Although the constitution prohibits torture and other
cruel, inhuman, or degrading treatment or punishment, security forces
continued to engage in such practices. Security forces continued to
commit political violence, including torture of citizens in custody.
Army and police units organized, participated in, or provided
logistical support to perpetrators of political violence and generally
permitted their activities. Police also continued to refuse to record
reports of politically motivated violence or destruction of property.
Police used excessive force in apprehending and detaining criminal
suspects due to lack of resources, lack of training, and a culture of
disregard for human rights. ZANU-PF supporters continued to assault
suspected and known MDC members and their families, civil society
activists, and student leaders. Violent confrontations between various
youth groups aligned with either ZANU-PF or the MDC continued.
Human rights groups reported that physical and psychological
torture perpetrated by security agents and ZANU-PF supporters
continued. Torture and other assault methods commonly reported included
beating victims with sticks, clubs, whips, and cables; suspension;
burning; electric shock; and falanga (beating the soles of the feet).
During the year, one NGO reported 5,051 victims seeking treatment
for injuries and trauma throughout the country. Approximately 65
percent of the victims were male, and an estimated 7 percent were
victims who had experienced injuries and trauma prior to this year. An
estimated 93 percent did not declare an affiliation with any particular
political, religious, or civil society group. Of the victims who
reported their affiliation, nearly 40 percent were affiliated with the
MDC; 34 percent were civilians with no affiliation; 10 percent were
public officials; and 7 percent were associated with civil society
organizations.
On September 29, police in Bulawayo arrested Choga Njiva on
allegations of armed robbery and the murder of a senior police officer.
Njiva was denied access to lawyers for eight days on the ground of his
crime being a ``very serious one.'' Njiva's lawyer gained access only
after obtaining an order from the High Court. During detention Njiva
suffered eight lacerations on the back from being whipped. He was
hospitalized with three stitches on his eye, swollen genitals, a
swollen chest, and fractured ribs. Magistrate Sibongile Msipa ordered
an investigation on the allegations of torture within 14 days; however,
an investigation had not taken place by year's end.
On February 2, Magistrate Gloria Takundwa ruled that the Government
had failed to produce evidence linking Pascal Gwezere to the theft of
military weapons and acquitted him of all charges. In October 2009
suspected security agents in Harare abducted and tortured MDC-T
Transportation Manager Pascal Gwezere. He was suspended from the
ground, beaten, and bitten on the face and ear to extract information
about the MDC-T before the agents conducted a mock burial. Gwezere was
taken to Harare Remand Prison and charged with stealing 21 weapons from
a military barracks in Harare.
Police repeatedly used cruel, inhuman, or degrading treatment or
punishment against those in custody.
For example, on April 15, six policemen beat 23-year-old Women of
Zimbabwe Arise (WOZA) member Timothy Katyora at the Harare Central
Police Station. Katyora attempted to turn himself in, along with a
group of activists, in an act of solidarity with fellow WOZA members
who had been arrested. Police took Katyora to a separate room and beat
him over the head while they interrogated him. Katyora received medical
treatment for bruising and headaches.
On September 29, police in Harare arrested Tenda Muchada, the
program manager for the Combined Harare Resident Association, for
allegedly driving a car involved in a robbery. Muchada was taken to the
police station and beaten on his feet. Police released him on September
30 without charges.
Police also used excessive force to disperse demonstrators. For
example, also on April 15, riot police, armed with tear gas and
shotguns, dispersed a peaceful WOZA demonstration of approximately 500
women at the Zimbabwe Electricity Supply Authority headquarters in
Harare. Police arrested 70 members, including a juvenile. Sixty-one
members were released without charge on the same day. Jenni Williams,
Magondonga Mahlangu, Clara Manjengwa, and Celina Makudani remained in
custody at the Harare police station for five nights before they were
released without charge. The Government refused to press charges
against the four due to a lack of evidence. Police attempted to force
the women to pay ``admission of guilt'' fines for their freedom. All
women required medical attention for rashes, diarrhea, and flu symptoms
incurred while in custody.
Citizens were harassed or assaulted for listening to music or
singing songs affiliated with the MDC-T. In early May, police disrupted
a musical show featuring MDC-T legislator Paul Madzore. Madzore had
obtained a court order for the show after the required notification to
the police was denied for alleged security reasons.
Within the security forces, intelligence officers and soldiers used
torture to discipline and extract confessions from soldiers. For
example, after several dozen weapons were discovered missing from the
Pomona military barracks in Harare in October 2009, hundreds of
soldiers were detained, questioned, and physically assaulted to extract
confessions of theft of the weapons. The press reported that at least
one soldier died in custody, likely as a result of injuries sustained
during repeated torture. On May 20, Magistrate Munamato Mutevedzi
ordered an investigation into the alleged torture after two of the
soldiers, Chenjerai Gwirizha and Marksist Mwaruta, appeared in court.
The case was pending at year's end.
According to one NGO, at least 22,000 victims of the 2008 political
violence had sought treatment, and approximately 10,200 of the cases
received physical and psychological treatment; the others did not seek
follow up treatment due to intimidation and lack of resources.
NGOs reported no cases of rape being used as a tool of political
violence.
Youths and ``war veterans'' trained by ZANU-PF were also deployed
to harass and intimidate MDC members; labor, student movement, and
civic groups; journalists considered critical of the Government; and
white farmers and their employees. During the four-day constitutional
outreach process in Harare in September, one NGO treated 12 persons
assaulted by ZANU-PF supporters. The injuries ranged from mild to
serious.
In early October in Gutu, ZANU-PF youths assaulted 10 villagers as
punishment for attending the funeral of an MDC official. The youths
ordered the villagers to lie on their stomachs before beating them with
clubs and threatening them against attending future funerals of MDC
members.
On October 30, ZANU-PF supporters beat and stabbed MDC member
Jonsaya Manyere after a constitutional outreach meeting in Harare where
Manyere was actively contributing. Manyere suffered a head wound and
was discharged from the hospital on November 8. Peter Garanewako,
another MDC member, was also badly beaten by ZANU-PF sympathizers for
his participation at another constitutional outreach meeting site in
Harare on the same day. Neither incident was investigated by year's
end.
MDC members used violence and torture in retaliation for past ZANU-
PF-led violence. For example, on April 3, Edron Mangove stabbed to
death ZANU-PF supporter Nhamo Munechi. Munechi reportedly harassed and
assaulted Mangove for being an MDC supporter in the 2008 presidential
election run-off. Mangove fled the country after the assault, and no
further information was available at year's end.
Intraparty factionalism also resulted in violence. Between April 12
and 14, MDC-T youth backing one faction within the party besieged
Harvest House, the MDC-T headquarters. The youths assaulted the party's
director general, Toendepi Shonhe, and stole his vehicle at knifepoint.
When MDC-T officials requested police assistance to resolve the
building seizure, police refused and claimed that the incident was
infighting between party factions. The director of security for Harvest
House then hired a private security firm to regain control and
establish security within the building. Five youths detained several
members of the security firm, locked them in a room, and beat them with
tools for more than three hours. Since the police refused to pursue the
case, the MDC-T investigated the incident and, on May 16, expelled the
five youths, Rhino Mashaya, Shakespear Mukoyi, Stephen Jahwi, Todini
Todini, and Francis Machimbidzofa from the party.
No action was taken in the other 2008 or 2009 cases of abuse.

Prison and Detention Center Conditions.--Prison conditions improved
but remained harsh and life threatening. The Government's 46 main and
22 satellite prisons were designed for a maximum of 17,000 prisoners.
There are two remand prisons and one juvenile prison in the Zimbabwe
Prison Service (ZPS). The ZPS estimated that there were between 13,500
and 14,000 prisoners in the system at year's end, a number confirmed by
the International Committee of the Red Cross. This constituted a
significant reduction from a 2008 NGO estimate of 35,000 and the 2008
government estimate of 22,000 to 24,000. Prison guards beat and abused
prisoners. Poor sanitary conditions due to dilapidated prison
infrastructure and overcrowding persisted, which aggravated health
conditions and outbreaks of diarrhea, measles, tuberculosis, and HIV/
AIDS-related illnesses.
Lawyers, NGOs, and church officials familiar with prison conditions
reported that, although the situation had improved since 2009,
shortages of food, water, electricity, clothing, and soap continued.
NGOs started working with the ZPS to revitalize 23 prison farms, which
totaled approximately 35,830 acres of land, to ameliorate food
shortages. NGOs reported that prisoners were able to produce enough
maize for consumption and that malnutrition was no longer an endemic
problem at year's end. Malnutrition was largely eliminated by
therapeutic feeding and food assistance. Prisoners were fed at least
once daily; however, nutritional deficiencies remained a critical
problem.
NGOs reported the death rate among prisoners was lower than in
2009, although neither the ZPS nor NGOs provided information on the
death rate during the year. In 2009 NGOs estimated the death rate was
40 deaths per month, a reduction from the estimated 40 to 50 deaths per
week during the height of the 2008 prison crisis. Most prison deaths
between 2008 and 2009 were attributed to harsh conditions, hunger, and
HIV/AIDS. NGOs continued to estimate that approximately 70 percent of
prisoners were HIV-positive; the ZPS did not routinely test prisoners
for HIV. Due to inadequate facilities, outdated regulations, and the
lack of medical personnel and medication, the majority of prisoners
suffered from routine medical conditions such as hypertension,
tuberculosis, diabetes, asthma, and respiratory diseases. NGOs also
reported cases of pellagra, a serious illness caused by protein
deficiency, which causes severe diarrhea, dermatitis, and dementia.
Poor lighting and ventilation also aggravated the situation.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. All prisons engaged locally based
chaplains to provide basic services. Church groups were able to conduct
spiritual programs and humanitarian crusades in prisons. Visitor access
was restricted primarily for maximum-security prisons. Authorities
permitted prisoners to submit complaints, but investigations rarely
were conducted. The ZPS conducted two assessments of prison center
conditions, in January and in May, but the assessments were not
released by year's end.
NGOs estimated that there were 412 women in prison, 250 of whom
were convicted as of June, and 72 children under the age of three lived
with their incarcerated mothers. NGOs reported that female prisoners
generally fared better than males. Female prisoners were held in
separate wings of prisons and were guarded by female officials. Women
generally received more food from their families than male prisoners.
However, children living with their incarcerated mothers were required
to share their mothers' food allocation. Prison officials also appeared
to have prioritized food distribution to women. NGOs were unaware of
women reporting rapes or physical abuse, which were common among the
male population. NGOs suggested that female guards may have been more
diligent about protecting female prisoners from abuse, and female
prisoners may not have reported abuse. However, female prisoners
continued to endure significant hardship. For example, prisons did not
provide feminine sanitary supplies for women, resulting in frequent
fungal infections, as female inmates were forced to reuse torn pieces
of dirty blankets during their menses. Pregnant and nursing mothers
were not provided additional care or food rations.
NGOs estimated that there were between 350 and 400 juveniles in
prison facilities; the majority were being held in pretrial detention.
There was one juvenile prison in the ZPS; however, juveniles also were
held in adult prisons throughout the country. Although juveniles were
not officially held separately from adults, officials generally tried
to place juvenile inmates in cells separate from adults. It became more
common for juveniles to be sent to prison instead of to reformatory
homes, as stipulated in the Children's Act. Juveniles were particularly
vulnerable to the effects of poor prison conditions, and local NGOs
reported several complaints of physical and sexual abuse.
The mentally disabled were the most affected by the collapsed
medical infrastructure within the ZPS. Inmates with psychiatric
conditions were examined by two doctors, who must both confirm a mental
disability and recommend that a patient either be released or returned
to a prison facility. However, prisoners with mental disabilities
routinely faced long waiting periods, as much as three years, before
being evaluated. It also became more common for prisoners with mental
disabilities to be sent to prison instead of mental institutions.
While the total number of prisoners was below capacity, NGOs
reported that overcrowding continued because at least half of the cells
at each prison were used by prison guards. According to the ZPS, remand
prisons faced overcrowding due to the spillover from overcrowded police
stations, lengthy pretrial periods, and the ZPS's inability to
transport detainees to court for their trials. The ZPS's two remand
prisons could hold 2,000 detainees but were operating over capacity.
Pretrial detainees often were held in prisons with convicted prisoners
until their bail hearings. The majority of the prisoners interviewed by
the local human rights NGOs had spent at least one year, and in some
cases between three and five years, in a remand prison before having a
pretrial hearing.
The law provides international human rights monitors the right to
visit prisons, but government procedures and requirements made it
difficult to do so. Church groups seeking to provide humanitarian
assistance were able to gain more access than in 2009. Organizations
suspected of having nonhumanitarian motives for visiting prisoners
faced restricted access. Organizations reported that their meetings
with prisoners occurred without third parties present, and there were
no restrictions placed by the ZPS on how they operated within the
prisons. No mechanisms, including the existence of an ombudsman,
existed to consider alternatives to incarceration for nonviolent
offenders; to address the status and circumstances of confinement for
juvenile offenders; and to improve pretrial detention, bail, and
recordkeeping procedures to ensure that prisoners did not serve beyond
the maximum sentence for the charged offense.
Local NGOs continued to lobby the Government for institutional
reforms, including alternative mechanisms to settle allegations out of
court and to release prisoners who had committed misdemeanors and whose
incarceration put pressure on the crowded prison system. One local NGO
called for the introduction of counseling for 52 death row inmates. In
August 2009 the Government granted amnesty to approximately 1,500
females, juveniles, and terminally ill inmates who had sentences of 36
months or less or had already served at least 20 years.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, some laws effectively
weakened this prohibition, and security forces repeatedly arbitrarily
arrested and detained persons. For example, on January 30, police
dispersed an MDC meeting on the constitutional reform process and
arrested all 52 MDC supporters in attendance. Police forcibly marched
the group to the police station where most were released without
charge. Eleven individuals, including the MDC's chairman for
Mashonaland Central, were detained, charged with breaching security
laws, and released on bail.
On February 2, police arrested 22 WOZA members in a private house
in Bulawayo. The members were discussing the constitutional process.
They were released on the same day without charge.

Role of the Police and Security Apparatus.--The Zimbabwe Republic
Police (ZRP) is responsible for maintaining law and order. Although the
ZRP is officially under the authority of the Ministry of Home Affairs,
in practice the President's Office, through the JOC, controlled some
roles and missions. In February 2009 the NSC replaced the JOC in this
role. The Zimbabwe National Army and Air Force, under the Defense
Ministry, were responsible for external security; however, there were
cases in which the Government called upon them for domestic operations.
The CIO, under the Ministry of State for National Security, is
responsible for internal and external security.
The lower ranks of the police were poorly trained and underpaid.
The entire force was ill-equipped in both operational and
administrative resources. Severely depleted human and material
resources, especially fuel, further reduced police effectiveness in
both deterring and responding to criminal activity during the year.
Security forces perpetrated politically motivated violence,
including torture of citizens in custody, largely at the behest of the
leadership loyal to ZANU-PF. Police disrupted public gatherings and
demonstrations, sometimes using violent means. Similarly, requests by
civil society to hold public events were routinely denied if security
chiefs believed the agenda contradicted their own political goals or,
just as frequently, to make a counter-point on an issue under debate.
Reports that security services tortured political and civil society
activists who defied ZANU-PF's political agenda continued throughout
the year. It was difficult for rank-and-file police to remain impartial
due to the continued politicization of the force's upper echelons.
Police and army personnel suspected of being sympathetic to the MDC and
other political parties continued to be threatened with demotion,
suspension, incarceration, or transfer to remote areas. While not
widespread, there were reports of police using excessive force in
apprehending and detaining certain criminal suspects due to lack of
resources and lack of appropriate training.
On November 14, the Standard newspaper published an article linking
the cancellation of the annual police examination to a ploy by the
police to hire war veterans and retired police officers ahead of the
elections. The recruitment was not meant to appear as new recruitment,
but as a transfer of war veterans and retired officers from one post to
another. Two Standard journalists were arrested and charged with
criminal defamation (see section 2.a.). The case continued at year's
end.
Security forces were rarely held accountable for abuses. Frequent
allegations of excessive force and torture were often dismissed by
senior government officials, who claimed that the actions were
necessary to maintain public order. Court orders compelling
investigations into allegations of abuse were routinely ignored by
authorities. For example, police were reluctant or refused to record
reports of politically motivated violence or similarly motivated
destruction of property that occurred. Government efforts to reform the
security forces were minimal, and training was rarely provided.
ZRP leadership loyal to ZANU-PF stifled, derailed, or did not
authorize the efforts of those police who sought to investigate cases
of political violence. Police seldom responded during incidents of
vigilante violence due in part to a lack of resources, manpower, will,
or combination thereof.
In February 2009 parliament passed the National Security Council
Act, the enabling legislation for the new NSC. The NSC was set up to
replace the JOC and is mandated to ensure accountability of the
country's security sector. The JOC, which consisted of the army,
police, prisons, and CIO, was blamed for orchestrating many human
rights abuses. The NSC consists of representatives from the three
political parties that constitute the transitional unity government,
including President Mugabe as chair, Prime Minister Tsvangirai, the two
deputy prime ministers, six ministers, and the security chiefs. The NSC
is required by law to meet at least once every month and started
meeting in February. President Mugabe reportedly continued to meet with
the JOC outside the NSC.

Arrest Procedures and Treatment While in Detention.--The Criminal
Procedure and Evidence Act (CPEA) stipulates that arrests require a
warrant issued either by the court or a senior police officer. The law
requires that police inform an arrested person of the charges before
taking the individual into custody; however, these rights were not
respected in practice. The law requires a preliminary hearing before a
magistrate within 48 hours of an arrest (or 96 hours over a weekend).
Police typically made arrests, which may have been politically
motivated, on Fridays, which permitted legal detention until Monday.
There were numerous reports that security forces arbitrarily arrested
political and civil society activists, interrogated and beat them for
information about their organizations' activities, and then released
them the next day without charge.
According to the CPEA, the court reserved the power to grant bail.
However, the attorney general has the power to suspend bail while an
appeal is lodged. High court judges at times granted bail
independently. The act allows police to hold persons suspected of
committing economic crimes for up to four weeks without bail.
In 2008 Johannes Tomana, then deputy attorney general, announced
that the Attorney General's Office would ``deny bail to all suspects
arrested on charges of either committing or inciting political
violence.'' In some cases, those arrested and denied bail were kept
detained for weeks or months. In other cases, police continued to hold
persons in jail even after a judge had granted bail or dropped the
charges. On June 17, Zimbabwe Lawyers for Human Rights (ZLHR) attorney
Alec Muchadehama filed an application for referral to the Supreme Court
to challenge the constitutionality of section 121 of the CPEA, which
provides the Government with seven days to file an appeal against a
ruling granting bail, on behalf of MDC-T Director General Toendepi
Shonhe. On June 23, a magistrate referred the case to the Supreme
Court; it was pending at year's end.
Authorities often did not allow detainees prompt or regular access
to their lawyers, and often informed lawyers who attempted to visit
their clients that detainees were ``not available,'' especially in
cases involving MDC members and civil society activists. Often
detainees were ``moved'' overnight or on weekends from one police
station or prison to another, and police refused to disclose the new
location to their families and lawyers. Family members sometimes were
denied access unless accompanied by an attorney. Detainees were often
held incommunicado.
Family members and attorneys often were denied access to detainees
in prison and could not verify that a person had been arrested until
the individual appeared in court (see section 1.c.).
The Government continued to use arbitrary arrest and detention as a
tool of intimidation and harassment, especially against MDC members and
supporters, civil society and student activists, and journalists.
For example, on November 25, police in Matabeleland North arrested
17 MDC officials on charges of causing violence. The meeting was
organized by the MDC-T provincial chairperson for nine councilors who
defected from the MDC-M. On November 29, police released the 17
officials on $30 bail each. Seven officials subsequently sought medical
treatment and claimed they were denied food while in detention. The
magistrate's court postponed the hearing to January 2011.
Victims of theft during the 2008 political violence, who attempted
to recover their property from ZANU-PF bases and subsequently were
detained or charged with extortion or theft, were still standing trial
at year's end.
The Government continued its harassment and intimidation of human
rights lawyers during the year. Police often threatened lawyers when
they attempted to gain access to their clients in police custody.
Several lawyers were arrested in connection with legal advice they
provided to their clients. For example, in early October, Detective
Chief Inspector Steven Mpofu threatened attorney Lison Ncube against
representing Choga Njiva, who was arrested on September 29 on
allegations of armed robbery and the murder of a senior police officer
in Bulawayo (see section 1.c.). Njiva's father gave Ncube the blood-
soaked clothes in which Njiva was allegedly tortured while in
detention. Inspector Mpofu threatened Ncube with arrest if he did not
surrender the clothes.
In November 2009 police arrested human rights lawyer Mordecai
Mahlangu and charged him with obstruction of justice after he wrote
Attorney General Tomana a letter on behalf of his client, Peter
Hitschmann, who had been subpoenaed to testify against MDC-T treasurer
Roy Bennett in his trial. Mahlangu was released on bail after spending
a night in jail. On January 14, Magistrate Archie Wochionga acquitted
Mahlangu, ruling that the facts before him did not constitute a crime.
Mahlangu then applied to the High Court for an order to declare his
arrest and detention unlawful. Judge Felistus Chatukuta, the spouse of
Wayne Bvudzijena, a high-ranking police official, heard the case on
February 4. Mahalngu's lawyers asked Judge Chatukuta to recuse herself,
citing a possible conflict of interest due to her relationship to a
member of the police. Chatukuta said she that would decide whether
there was a conflict. The case was pending at year's end.
During the year civil society groups reported that numerous arrests
of MDC-T parliamentarians were politically motivated and meant to erode
the MDC-T's voting power in parliament and to harass MDC-T
parliamentarians.
For example, in May Member of Parliament (MP) Paul Madzore and
Senator Morgan Komich were arrested for insulting President Mugabe.
Both were released and charges were dismissed.
On June 4, police arrested MDC-T MP Ian Kay for allegedly
distributing expired and unregistered medicines to three clinics in his
constituency. Police raided his house purportedly looking for drugs and
unlicensed firearms. On June 7, Kay was released on $500 bail. Kay was
indicted and fined $2,000.
On June 5, MDC-T legislator Eliah Jemere and the provincial party
treasurer for Mashonaland Central, Gilbert Kagodora, were arrested for
insulting the office of the president; both were released on bail on
June 8. Kagodora was arrested after addressing an MDC rally. On
November 26, Magistrate Charles Murove referred the case to the Supreme
Court after Kagodora filed an application challenging the
constitutionality of the charge.
On June 6, police in Mutare arrested Teddy Chipere, MDC chairman of
Makoni Central, for insulting the office of the president. He was
released on bail on June 9.
In February 2009 police arrested MDC-T treasurer Roy Bennett and
charged him with insurgency and possessing weaponry with the intention
of using it in connection with acts of insurgency. Bennett denied all
the charges and was released on $5,000 bail in March. After several
delays because the Government's key witness failed to appear, Bennett's
trial began on January 12. On May 10, Justice Chinembiri Bhunu
acquitted Bennet on all charges at the close of the state's argument
and without a defense hearing. The Government appealed the acquittal on
May 12 on grounds that Bhunu had erred, prompting the defense to file
papers opposing the appeal bid. A decision on the appeal was scheduled
for July 28, but the court postponed indefinitely the next trial date.
Of the 17 MPs arrested in 2009, at least 15 were from the MDC, and
four were suspended after they were sentenced to jail terms of more
than six months. All four appealed their suspensions in the High Court,
and three MPs--Ernest Mudavanhu, Shua Mudiwa, and Mathia Mlambo--won
their appeals during the year, and the suspension was lifted. Suspended
MPs were allowed to retain their seats during the appeal process but
were barred from participating in parliament. There were numerous
incidents of MDC-T parliamentarians being harassed by ZANU-PF
supporters for their involvement in the constitutional outreach
process.
There were no further developments in the appeal of MP Meki
Makuyana, who had been facing suspension since 2009.
In June 2009 WOZA leaders Jenni Williams and Magodonga Mahlangu
appeared in the Supreme Court after filing an appeal arguing that they
were unlawfully arrested on charges of disturbing the peace in 2008.
The remand hearing was postponed several times from July to October
2009 to allow for the Supreme Court ruling. By October 2009 the
Magistrate Court resumed the remand hearing for Williams and Mahlangu;
however, the Government did not make available its court file for any
of the remand hearings from October to December 2009. In December 2009
the magistrate refused the application to remove the activists from
remand stating that they were responsible for the delay by appealing to
the Supreme Court. In January the defense lawyer filed an urgent
application at the High Court requesting a review of the magistrate's
decision. The state did not respond to the application and, after the
elapse of the 10-day waiting period, the High Court ordered Williams
and Mahlangu to be removed from remand. On November 26, the Supreme
Court ruled that the police had violated Williams and Mahlangu's
fundamental rights to freedom of assembly and freedom of expression.
While ruling in favor of WOZA, the Supreme Court refrained from ruling
on the legality of section 29 of the Public Order and Security Act
(POSA), which had provided the legal basis for the arrest of Williams
and Mahlangu.
There were no developments in other arrest cases reported in 2009
and 2008.
Prolonged pretrial detention remained a problem, and some detainees
were incarcerated for several years before trial or sentencing because
of a critical shortage of magistrates and court interpreters, poor
bureaucratic procedures, and for political reasons. During the year
some detainees in Harare Remand Prison went for months without
attending court for bail hearings because the ZPS lacked fuel to
provide transport. Others who had bail set but could not afford to pay
remained in detention. According to lawyers, pretrial detainees were
held without charge for as long as 11 years. Lawyers also reported that
juveniles usually spent more time in pretrial detention than adults
because they could not attend court unless a parent or guardian
accompanied them; however, the Government did not routinely notify
parents when a juvenile was arrested.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary; however, the judiciary was under intense
pressure to conform to government policies, and the Government
repeatedly refused to abide by judicial decisions. The Government
routinely delayed payment of court costs or judgments awarded against
it in civil cases.
NGOs reported several methods some senior government officials used
to undermine the independence of the judiciary, including giving farms
and homes to judges.
For example, on May 20, President Mugabe, without consulting Prime
Minister Tsvangirai as stipulated in the GPA, appointed George
Chiweshe, the former chairperson of the former Zimbabwe Electoral
Commission (ZEC), as judge president of the High Court. Chiweshe
replaced Rita Makarau, who was elevated to the Supreme Court. As head
of the ZEC, Chiweshe withheld the 2008 presidential election result for
more than a month, fuelling accusations that he rigged the outcome in
favor of President Mugabe.
Magistrates heard the vast majority of cases. On June 18, the
Judicial Services Act (JSA) went into effect. The JSA intended to
provide greater independence for magistrates by removing authority over
judicial magistrates and their support staff from the Public Service
Commission and transferring it to the Judicial Services Commission
(JSC). The act states that the JSC will also determine the remuneration
and other conditions of service for the magistrates. Legal experts said
that defendants in politically sensitive cases were more likely to
receive a fair hearing in magistrates' lower courts than in higher
courts, where justices were more likely to make political decisions.
According to a November 2008 Human Rights Watch report, most junior
magistrates and magistrates in rural areas did not benefit from
government patronage. Instead, ZANU-PF sympathizers relied on threats
and intimidation to force magistrates, particularly rural magistrates,
to rule in the Government's favor. Some urban-based junior magistrates
demonstrated a greater degree of independence and granted MDC and civil
society activists bail against the Government's wishes. Other judicial
officers, such as prosecutors and private attorneys, also faced
political pressure, including harassment and intimidation. These
conditions persisted in spite of the formation of the transitional
unity government in 2009. For example, on May 17, Jonathan Samkange,
who was accused of perjury as the counsel for the diamond company
African Consolidated Resources in its civil suit against the
Government-controlled Minerals Marketing Corporation of Zimbabwe and
Zimbabwe Mining Development Corporation, was arrested for being late to
his court hearing. He was released the same day. Unlike in 2009, there
were no reports of lawyers and court officers being arrested on
criminal charges after taking action that some in government opposed.
There were no updates in any of the 2009 or 2008 cases involving
lawyers or court officials.

Trial Procedures.--The constitution provides for the right to a
fair trial; however, this right frequently was compromised in practice
due to political pressures. Defendants enjoy a presumption of innocence
under the law; however, this was not always respected in practice.
Trials were held by magistrates or judges without juries and were open
to the public, except in cases involving minors or state security
matters. Assessors, in lieu of juries, could be appointed in cases in
which the offense could attract a death penalty or lengthy prison
sentence. Every defendant has the right to a lawyer of his or her
choosing, but most defendants in magistrates' courts did not have legal
representation. In criminal cases, an indigent defendant may apply to
have the Government provide an attorney, but this request was rarely
granted except in capital cases, where the Government provided an
attorney for all defendants unable to afford one. Litigants in civil
cases may request free legal assistance from the Legal Resources
Foundation or ZLHR.
Attorneys sometimes were denied access to their clients, especially
in cases involving MDC members or civil society activists. Defendants
have the right to present witnesses, present evidence on their own
behalf, and question witnesses against them. However, these rights were
not always observed in practice. Defendants and their attorneys have
the right to be furnished with all government-held evidence relevant to
their cases; however, this right was often not allowed in practice.
Conviction requires proof beyond a reasonable doubt, and the
prosecution bears the burden of proof. The right to appeal against both
conviction and sentence exists in all cases, and it is automatic in
cases in which the death penalty is imposed. The law extends these
rights to all citizens; however, in politically sensitive cases, these
rights were not always protected in practice. Government officials
frequently ignored court orders in such cases, delayed bail and access
to medical care, and refused to enforce court orders related to land
disputes.
The rights of an accused person apply to all citizens, including
women, indigenous groups, and persons with disabilities.

Political Prisoners and Detainees.--There were reports of political
detainees throughout the year, including MDC officials, their
supporters, NGO workers, and civil society activists. Many were held
for one or two days and released; others were held for weeks or months.
During the year police beat and tortured numerous political and civil
society activists and student leaders while in detention.
At year's end there were no known political prisoners in police
custody.

Regional Human Rights Court Decisions.--The African Commission on
Human and People's Rights (ACHPR), an organization mandated by the
African Union based in Banjul, Gambia, hears cases when member
countries' internal remedies have been exhausted or do not exist. There
were four pending cases from Zimbabwe before the commission at year's
end. Two were at the admissibility stage, during which the commission
decides whether to hear the case, and the other two were at the merits
stage, where the commission makes a recommendation. Two cases involved
the Government's handling of the land reform and the other two involved
government evictions of citizens from nonfarming areas under Operation
Murambatsvina (loosely translated from Shona as ``restore order'' or
``get rid of the filth'').
In July 2009 the ACHPR ruled that the Government should repeal
sections 79 and 80 of the Access to Information and Privacy Protection
Act (AIPPA) because they contravened article 9 of the ACHPR. The
Government took no action to comply (see section 2.a.).
In 2007 the Southern African Development Community (SADC) tribunal
in Namibia, in its first decision since its establishment in 2000,
ruled in favor of Michael Campbell, who was contesting the compulsory
government acquisition of his farm. The tribunal was set up to provide
that SADC member states adhere to the SADC treaty and protocols,
protect the rights of citizens, and provide for the rule of law.
According to the protocol establishing the tribunal, a person can bring
a case after exhausting all available remedies or when unable to
proceed under domestic jurisdiction. Campbell brought the case to the
tribunal after the Supreme Court failed to issue a judgment in the
case. However, in January 2008 the Supreme Court issued a judgment
dismissing the Campbell case. Soon after the ruling, the then minister
for lands, land reform, and resettlement, Didymus Mutasa, declared that
the country would be bound only by its laws and the decisions of its
superior courts.
In April 2008 the SADC tribunal ruled that more than 70 white
farmers who had been evicted from their lands could remain on their
property pending a May 2008 hearing; their cases effectively joined the
Campbell case that was still pending before the tribunal. In June 2008
a group of 20 ``war veterans'' abducted and assaulted Michael Campbell
and members of his family; they were hospitalized for their injuries.
The perpetrators also looted the Campbell home and stole their car. In
July 2008 the tribunal reaffirmed the injunction, condemning the
Government's land seizures, and transferring the issue to the SADC
summit for further action. However, the Government asserted that it
would move forward with prosecution of the farmers who remained on the
land, effectively ignoring the tribunal's authority.
In November 2008 the SADC tribunal ruled in favor of the 79 farmers
in the Campbell case, finding that, by barring titleholders from being
heard in the courts, the Government violated the rule of law; that the
farmers were discriminated against on the basis of race; and that the
Government should compensate three dispossessed landowners by June
2009. Although the tribunal ordered the Government not to interfere
with any tribunal applicant still on his or her land or in possession
of it when applying for relief, the Government continued prosecutions
of farmers for remaining on government-confiscated farms during the
year.
In an August 2009 letter, Minister of Justice Patrick Chinamasa
informed the SADC tribunal that the country was withdrawing from the
tribunal. Chinamasa claimed that because the SADC Protocol on the
Tribunal was neither ratified domestically nor by two-thirds of SADC
membership, the tribunal was not validly constituted and, therefore,
had no jurisdiction over the country. Lawyers from across SADC argued
that the SADC treaty was amended in 2001 to incorporate the tribunal
into SADC as an integral organ and exclude the tribunal from the usual
SADC requirement for ratification by two-thirds. On January 26, High
Court judge Bharat Patel ruled that the tribunal was legally
constituted and that the Government's objection was misconceived and
disingenuous.
On July 16, the SADC tribunal for the third time found the
Government in contempt of the November 2008 tribunal ruling by allowing
ongoing invasions, arrests, and prosecutions of evicted commercial
farmers. In response Chinamasa declared ``null and void'' the SADC
tribunal ruling. On August 29, President Mugabe stated that the land
reform program was instituted to correct colonial imbalances, and the
country would not comply with the SADC ruling. In an August session,
the SADC members decided to review within the next six months the role,
functions, and terms of reference of the tribunal.
On December 9, the SADC tribunal ruled that the Government had
undermined the rule of law by refusing to compensate nine victims of
state-sponsored political violence and torture as ordered by the
Zimbabwean High Court in previous years. The Zimbabwe Human Rights NGO
Forum filed the case at the SADC tribunal in April 2009 on behalf of
the victims.

Civil Judicial Procedures and Remedies.--Civil judicial procedures
allow for an independent and impartial judiciary. However, in practice
the judiciary showed indications of being politically influenced or
intimidated in cases involving high-ranking government officials,
politically connected persons, or violations of human rights. There
were systematic problems enforcing domestic court orders, as resources
for the judiciary and police were severely strained.

Property Restitution.--The constitution stipulates that the
Government must compensate persons for improvements made on land taken
by the Government but does not set a timeline for the delivery of
compensation. In practice the Government seldom provided restitution or
compensation for the taking of private property.
For example, in Chiadzwa approximately 4,000 persons were to be
resettled from the allocated mining grounds to a government-owned
agricultural estate outside Mutare, according to a 2009 government
pronouncement. The Government and the three companies with
concessionary and exploratory rights entered into an agreement whereby
each party would pay half of the resettlement expenses. The Zimbabwe
Environmental Law Association (ZELA) filed an urgent application to the
High Court in December 2009, seeking an injunction against the
resettlement. In January High Court judge Joseph Musakwa dismissed the
application. In December 2009 ZELA also filed a suit against the
Ministry of Defense, the police, and the Ministry of Mines challenging
the legality of the resettlement policy. No court date had been set by
year's end.
More than 70 persons were resettled at year's end to a government-
owned agricultural estate outside Mutare. They were given short notice
to resettle, no one received compensation, and livelihoods in the new
location were uncertain. Also there were no social services in the new
area. In August the district administrator in Mutare issued a notice to
44 families, giving them 10 days to vacate their properties. The
families refused to move without proper compensation and timely
notification. The negotiation was pending at year's end.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, but
the Government did not respect these provisions in practice. Security
forces searched homes and offices without warrants, senior government
officials pressured local chiefs and ZANU-PF loyalists to monitor and
report on persons suspected of supporting political parties other than
ZANU-PF, and the Government forcibly displaced persons from their
homes. Elements of the Government coerced ZANU-PF supporters and
punished MDC supporters by manipulating the distribution of food aid,
agricultural inputs, and access to other government assistance
programs.
The 2007 Interception of Communications Act (ICA) provides for the
interception and monitoring of any communication (including telephone,
postal mail, e-mail, and Internet traffic) in the course of
transmission through a telecommunication, postal, or other system in
the country. Civil liberties advocates criticized the ICA as repressive
legislation that allows the Government to stifle freedom of speech and
to target political and civil society activists.
According to local human rights and humanitarian NGOs, sporadic
evictions continued during the year, especially of tenants and informal
vendors suspected of supporting the MDC. During the week of August 23,
police and national park guards assaulted and arrested informal market
traders in Chinoyi, Mutare, Gweru, and Rusape because of their
association with the Zimbabwe Congress of Trade Unions (ZCTU) and
suspected association with the MDC.
Land seizures remained a serious problem. Constitutional amendment
17, enacted in 2005, transferred title of all land previously acquired
for resettlement purposes to the Government, prohibited court
challenges to the acquisitions, and allowed the Government to acquire
any agricultural land for any purpose simply by publishing a notice of
acquisition. The 2006 Gazetted Land (Consequential Provisions) Act
requires all farmers whose land was forcibly seized by the Government
and who were not in possession of an official offer letter, permit, or
lease to cease to occupy, hold, or use that land within 45 days and to
vacate their homes within 90 days. Only a small number of farmers
received an offer letter or lease. Failure to comply is a criminal
offense punishable by a fine and a maximum prison sentence of up to two
years. The act was primarily used to target the 4,500 large-scale and
primarily white-owned farms in the country for seizure and
redistribution to black Zimbabweans, including ZANU-PF supporters.
Some of the approximately 400 remaining white commercial farmers
continued to be targeted, harassed, and threatened with eviction by
farm beneficiaries, youths, and hired thugs. According to one
commercial farmer union, an average of 150 farm incidents per month
were documented during the year. In some instances farmers were forced
off their farms at gunpoint, despite being in possession of a court
order that allowed them to remain on the property, and not given the
opportunity to collect their personal belongings. A few were arrested
and kept in detention at the local police station for at least one
night prior to being given access to a lawyer and released. Black farm
workers on white-owned farms were beaten, intimidated, or displaced
(see section 2.d.). Police, in most cases, did not intervene and stood
aside while invaders and looters carried on their activities.
On January 12, a gang invaded a citizen's farm in Manicaland. The
invaders tied two family members to a tree and beat them before going
to another farm. At least four other families were harassed and chased
off their farms in the same week. Police refused to investigate the
cases.
Most invasions and evictions occurred in June. In Manicaland, for
example, a farmer's wife was barricaded inside her home and given four
hours to vacate the property, despite the fact that she had a High
Court order allowing her to retain the farm. Another farmer in
Manicaland was forced off his property despite his possession of a High
Court order, and his foreman was beaten unconscious by the invaders.
Farmer unions and NGOs believed that former land minister Mutasa
was responsible for the June wave of invasions. Mutasa allegedly
ordered 300 persons to ignore a Chipinge Magistrates' Court to vacate
the coffee plantation they had occupied because it was not listed for
resettlement. Mutasa later stated that he was ``protecting the poor.''
The NSC ordered an investigation into the June evictions. No further
information was available on the investigation at year's end.
No action was taken against perpetrators of numerous 2009 and 2008
cases of land invasions, seizures of property, and attacks on farm
owners and workers.
No action was taken or anticipated in the numerous other reported
2009 and 2008 cases of arbitrary interference with citizens' homes.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, but legislation limits these
freedoms in the ``interest of defense, public safety, public order,
state economic interests, public morality, and public health.'' The
Government restricted these rights in practice. Journalists and
publishers practiced self-censorship.
Under the criminal code, making a false statement prejudicial to
the Government carries a maximum prison sentence of 20 years. Security
authorities continued to restrict freedom of speech and arrest
individuals, particularly those who made or publicized comments
critical of President Mugabe or made political statements opposing the
Government's agenda.
For example, on November 5, police in Bulawayo ordered the Zimbabwe
human rights NGO Forum to take down nine billboards and street signs on
the grounds of their being offensive and potentially causing
disharmony. The NGO had obtained permission in Bulawayo, among other
major cities, to erect the billboards and street signs. The ICA
continued to be used to monitor speech and to punish those who
criticized the Government.
There were credible reports that CIO agents and informers routinely
monitored political and other meetings. Persons deemed critical of the
Government were frequently targeted for harassment, abduction,
interrogation, and torture.In September the trial of Douglas Mwonzora,
Nyanga North legislator and chairperson of the parliamentary
constitution-making committee, was postponed. Mwonzora called President
Mugabe a ``goblin'' in March 2009 and was also charged with undermining
the police when he allegedly said they were being used by ZANU-PF to
intimidate villagers. On December 6, the case was referred to the
Supreme Court. The case was pending at year's end.On September 3,
Chipinge provincial magistrate Samuel Zuze sentenced Gift Mafuka to one
year in prison with hard labor for insulting President Mugabe. Mafuka
allegedly asked two children why they were wearing T-shirts picturing
an old person (Mugabe) with wrinkles. His sentence was reduced by two
months on the condition that he not call Mugabe ``old'' for the next
five years. On November 23, Magistrate Samuel Zuze released Mafuka on
$100 bail pending an appeal filed against both his conviction and
sentence. The appeal was pending at year's end.
The Government continued to restrict freedom of the press. The
Ministry of Media Information and Publicity (MMIP) controlled the
state-run media. Government-controlled media generally portrayed the
activities of ZANU-PF officials positively, portrayed other parties and
antigovernment groups negatively, and downplayed events or information
that reflected adversely on the Government. High-ranking ZANU-PF
officials, including President Mugabe, used the media to threaten
violence against critics of the Government. There were also credible
reports that the MMIP permanent secretary, George Charamba, routinely
reviewed state-owned media news and excised reports on the activities
of groups critical of the Government.
The four main independent domestic weekly newspapers continued to
operate despite threats and pressure from the Government. On June 4,
NewsDay, an independent daily newspaper, began publishing in Harare and
Bulawayo after receiving a license from the Zimbabwe Media Commission.
The Daily News, which was banned in 2003, also resumed operations but
had not resumed printing at year's end. The independent newspapers
continued to criticize the ``inclusive'' government and ZANU-PF;
however, they also continued to exercise some self-censorship due to
government intimidation and the continuing prospect of prosecution
under criminal libel and security laws.
Radio remained the principal medium of public communication,
particularly for the rural majority. The Government controlled all
domestic radio broadcasting stations through the state-owned Zimbabwe
Broadcasting Holdings (ZBH), supervised by the MMIP. On July 30, the
Government officially launched the Voice of Zimbabwe radio, a
subsidiary of the state-controlled ZBH in Gweru. The popularity of
independent shortwave and medium-wave radio broadcasts to the country
continued to grow, despite government jamming of news broadcasts by
radio stations based in other countries, including the Voice of
America's Studio 7, SW Radio Africa, and Voice of the People.
Police increased radio seizures toward year's end. On October 12,
police in Gweru raided the office of the Democratic Councils Forum
(Demcof) and seized 862 solar radio sets to be distributed to rural
areas in Midlands Province. Cleopas Shiri, Demcof training coordinator,
was arrested, charged with customs violation, and released on bail on
October 14. Shiri appeared in court for several hearings. The case was
pending at year's end.
On October 26, police in Murehwa seized radios previously
distributed by NGOs to villagers in the district. Police reportedly
wanted to establish the reasons behind the radio distribution and
whether they had cleared customs. In mid-November police in
Matabeleland South Province raided NGOs and private residences for
wind-up shortwave radios distributed by VOA's Studio 7 program.
The Government controlled the only domestically based television
broadcasting station, the Zimbabwean Broadcasting Corporation (ZBC). In
May the ZBC launched a second news and entertainment channel that
broadcast from noon to midnight. International satellite television
broadcasts were available through private firms but were too expensive
for most citizens. Most citizens relied on free satellite decoders with
a selection of South African and gospel channels for entertainment,
news, and information.
After years of using accreditation laws to prevent most major
international media outlets and some local journalists from covering
the country's elections, in July 2009 the Government allowed CNN and
BBC film crews back into the country. However, foreign journalists
continued to report that government agents followed them and prevented
them from covering certain news events.
For example, on February 12, police arrested a Mexican journalist
who was filming potential tourist sites. The journalist, who was in a
vehicle belonging to Minister of Tourism Walter Mzembi, and who had a
letter of authorization signed by Mzembi, was released several hours
after Mzembi's personal intervention.
Senior ZANU-PF officials repeatedly criticized both local and
foreign independent media for what they deemed to be biased reporting
meant to discredit President Mugabe and misrepresent the country's
political and economic conditions.
In early January journalist Stanley Kwenda fled the country after
he was reportedly threatened with death by a senior police officer,
Chief Superintendent Chrispen Makedenge. Kwenda published a report
describing the suicide of Makendenge's wife after years of suffering
abuse and threats by her husband. Kwenda returned to Zimbabwe in August
without incident.
On February 10, police arrested Barnabas Madzimure and Fortune
Mutandiro on the charge of writing and publishing falsehoods
prejudicial to the state in the January 10 edition of The Zimbabwean.
The story reported that Defense Minister Emmerson Mnangagwa and other
leading members of the ZANU-PF party wanted to take control of the
party. Madzimure and Mutandiro were initially arrested and released
without charge on January 17.
On March 1, freelance journalist Andrison Manyere was arrested
outside the High Court in Harare after filming the arrival of several
men imprisoned since 2007 on allegations of plotting to overthrow the
Government. After seizing Manyere's camera, prison guards warned other
journalists not to take pictures or footage of the suspects. Prison
guards accused Manyere of filming without the permission of the
commissioner of the Zimbabwe Prison Services. Manyere was held
overnight and then released after paying an admission of guilt fine.
Security forces arbitrarily harassed and arrested local and foreign
journalists who contributed to published stories critical of government
policies or security force operations.
In March police arrested and detained Mashudu Metsianda, a
journalist working for the Government-controlled daily newspaper, the
Chronicle, in Beitbridge after the newspaper published his story on
police. The charge was later dropped.
On March 21, police detained freelance journalist Nunurai Jena at
the Beitbridge border post after security officials discovered that he
had tape-recorded Zimbabwe Revenue Authority (ZIMRA) officials as they
searched and questioned passengers travelling with him on the bus from
South Africa. The security officials asked why he had not declared the
tape recorder at the border and why he had recorded proceedings in a
protected area without ZIMRA authorization. Jena was released without
charge four hours later after being ordered to delete the contents of
the recorder.
On November 17, police in Bulawayo arrested and charged Nquobani
Ndlovu, a journalist with the Standard, with criminal defamation for an
article in the November 14 edition of the newspaper. Police
interrogated Ndlovu about his sources, who claimed that the
cancellation of the annual police examination was a ploy to hire war
veterans and retired police officers ahead of the upcoming election. On
November 22, the magistrate court released Ndlovu on $100 bail, a
decision that prompted the Government to invoke section 121 of the
Criminal Procedure and Evidence Act, giving the Government an
additional seven days to appeal. On November 25, the High Court
dismissed the appeal and ordered his immediate release. Ndlovu was
released on November 26. Ndlovu's case continued at year's end.
On November 30, police in Harare arrested Nevanji Madanhire,
Harare-based editor of The Standard, and charged him with criminal
defamation in connection with the publication of a story by journalist
Nquobani Ndlovu on police recruitment. Madanhire was released the
following day on $100 bail. The case continued at year's end.
In March 2009 police arrested editor Brezhnev Malaba and reporter
Nduduzo Tshuma of The Chronicle, the Government-controlled daily
newspaper in Bulawayo, after they published a story alleging police
involvement in a Grain Marketing Board corn scandal. On August 16,
Magistrate Sibongile Msipa referred the case to the Supreme Court after
Malaba's lawyer filed an application challenging the constitutionality
of the charge. The case was pending at year's end.
In May 2009 police arrested Zimbabwe Independent editors
Constantine Chimakure and Vincent Kahiya for publishing a story that
revealed the role and names of police and intelligence agents in the
abduction of human rights activists and charged them under the criminal
code with publishing or communicating a statement with the intention of
undermining public confidence in law enforcement agents (see section
1.b.). The matter was referred to the Supreme Court on June 3. The next
hearing was scheduled to occur in March 2011.
In October 2009 police arrested freelance journalist Annie Mpalume
in Manicaland Province's Chiadzwa diamond fields on allegations of
entering a protected area without a pass. Mpalume was charged with
violating the Protected Areas Act and released on bail; the case was
pending at year's end.
There were no developments in the 2009 or 2008 cases of harassment,
abuse, and detention of journalists.
The Government continued to use the AIPPA to serve as the primary
justification to control media content and licensing of journalists.
The main provisions of the law give the Government extensive powers to
control the media and suppress free speech by requiring the
registration of journalists and prohibiting the ``abuse of free
expression.'' In 2008 the Government amended the AIPPA in order to
abolish the Media and Information Commission. During its existence, the
commission, under the MMIP, denied many local and foreign journalists
accreditation.
On April 28, the Government adopted new regulations for the
accreditation of journalists and the registration of media services and
effectively instituted a new pricing regime for accreditation and
registration. The new regulations significantly reduced the previously
prohibitive fees. According to the regulations for a mass media
service, the application fee was $500 and the registration fee was
$1,500. Local journalists were required to pay a $10 application fee
and a $20 accreditation. Local journalists working for foreign media
paid a $20 application fee and an accreditation fee of $100, as opposed
to $1,000 and $3,000 under the previous regime. A foreign media
organisation wishing to set up an office in Zimbabwe paid a $500
application fee and a $2,000 operating license, as opposed to $10,000
and $20,000 previously. The application fee for a news agency was $300
and the registration fee was $1,000. The Zimbabwe Media Commission set
June 4 as the deadline for the renewal of accreditation and
registration but had not set a deadline for the submission of new
applications. Practicing journalism without accreditation can incur a
fine or maximum of two years' imprisonment.
In May 2009 the MMIP convened a media conference and pledged to
repeal the AIPPA. At least four independent newspapers, including the
Daily News, had been shut since its enactment in 2002. No further
action to repeal the law was taken by year's end.
The Government created the Zimbabwe Media Commission in December
2009 to succeed the Media and Information Commission and oversee media
regulation, registration, and accreditation. The Zimbabwe Media
Commission held its first meeting in March. The Broadcasting Authority
of Zimbabwe, the regulatory body that licenses radio and television
stations, was not formally constituted by year's end.
As of year's end, the Government had not taken any action to repeal
sections 79 and 80 of the AIPPA as ordered to do by the ACHPR in 2009.
The Broadcasting Services Act, which parliament's legal committee
found to be unconstitutional when it was passed in 2001, was amended in
2008 to give the Broadcasting Authority of Zimbabwe autonomy over
allocation of licenses. The amendment also eased foreign funding
restrictions, although it left the determination of how much foreign
funding should be allowed to the discretion of the head of the MMIP.
In 2006 the Government passed the General Laws Amendment Act
(GLAA), which amended sections of POSA to allow authorities to monitor
and censor ``the publication of false statements that will engender
feelings of hostility towards--or cause hatred, contempt, or ridicule
of--the president or acting president.'' The GLAA imposes a prison term
for any journalist who ``insults the president or communicates
falsehoods.''
The criminal code makes it an offense to publish or communicate
false statements prejudicial to the state. Legal experts criticized
this section, saying that it imposes limits on freedom of expression
beyond those permitted by the constitution.
The extremely broad Official Secrets Act makes it a crime to
divulge any information acquired in the course of official duties. In
addition, antidefamation laws criminalize libel of both public and
private persons.
POSA and the criminal code grant the Government a wide range of
legal powers to prosecute persons for political and security crimes
that are not clearly defined. The 2006 enactment of the amended
criminal code consolidated a variety of criminal offenses, including
crimes against public order, reportedly to amend progressive portions
of POSA. However, the Institute for Justice and Reconciliation and the
Solidarity Peace Trust reported that almost all the offenses in POSA
were transferred to the criminal code, in some cases with drastic
increases in penalties for violations. Failure to give police the
requisite advance written notice of a meeting or demonstration remains
an offense under POSA.

Internet Freedom.--There were no government restrictions on the
Internet; however, the ICA permits the Government to monitor all
communications in the country, including Internet transmissions.
Internet access was available, but due to a lack of infrastructure it
was not widely accessed by the public beyond commercial centers.
According to International Telecommunication Union statistics for 2009,
approximately 12.3 percent of the country's inhabitants used the
Internet.

Academic Freedom and Cultural Events.--The Government continued to
restrict academic freedom. The president is the chancellor of all five
state-run universities and appoints all vice chancellors. The
Government has oversight of all higher education policy at public
universities. The University of Zimbabwe Amendment Act and the National
Council for Higher Education Act restrict the independence of
universities, subjecting them to government influence and extending the
disciplinary powers of the university authorities over staff and
students.
In late August the Ministry of Education announced that female
students who become pregnant during the academic school year would be
allowed a three-month maternal leave and would no longer face automatic
expulsion. Male students who were to become fathers would also be
authorized a three-month leave. While designed to de-stigmatize teenage
pregnancy, conservative groups loudly condemned the policy as
encouraging teenage pregnancy.
CIO personnel at times assumed faculty and other positions and
posed as students at the University of Zimbabwe and other public
universities to intimidate and gather intelligence on faculty and
students who criticized government policies and actions. CIO officers
regularly attended all classes where noted MDC activists were lecturers
or students. In response both faculty and students often practiced
self-censorship in the classroom and their academic work.
According to the Students Solidarity Trust, a local NGO that
provides assistance to student activists, approximately 190 students
were arrested or detained, and approximately 10 students were expelled
or suspended, for engaging in student activism between January and
June, as compared with 134 students arrested or detained and 14
students expelled or suspended between January and June 2009. The NGO
also reported seven cases of assault and four cases of torture and
abduction during the same time period.
For example, on March 29, police arrested eight University of
Zimbabwe students for participating in an allegedly illegal gathering.
They were granted bail on March 31.
On June 15, police arrested and beat two student activists at the
Masvingo Polytechnic College for allegedly assaulting the principal,
theft, and malicious damage to property. In July police arrested two
student activists, three University of Zimbabwe students, and five
ZINASU activists in Bulawayo and Harare for participating in allegedly
illegal gatherings or demonstrations on university campuses. All their
cases were pending at year's end.
During the political and economic crisis in 2008, the Government
failed to provide students with adequate public education; however,
during the year access to public education improved. In February 2009
the Government began paying all civil servants, including teachers, a
monthly stipend of $100, which provided a significant incentive for
teachers who had fled election violence and hyperinflation in 2008 to
return to the classroom. In May 2009 the Government increased salaries
to approximately $150. At the same time, in response to pressure from
teachers and the public, the Government also reduced school fees from
between $50 and $150 to between $10 and $20 per trimester and
eliminated school fees for teachers' children. Some teachers in
affluent urban neighborhoods were reported to receive substantial
salary increases from parents. There were no salary increases during
the year.
On February 5, approximately 2,000 government workers, including
teachers, initiated a strike in ``demand'' of higher wages, improved
working conditions, and price cuts at government-controlled utilities.
According to one estimate, teachers constituted approximately two-
thirds of the country's 180,000 nonsecurity-sector civil service
employees. Approximately 36,000 teachers participated in the strike,
resulting in the closure of two-thirds of the country's public schools.
The Government on occasion restricted human rights activists from
using cultural platforms. For example, on March 26, police arrested
Bulawayo artist Owen Maseko following the launch of a provocative
exhibition on the Gukurahundi massacres. The artwork depicted political
violence in the two Matabeleland provinces in the 1980s. One piece
showed former vice president Joshua Nkomo and President Mugabe seated
at a table signing the 1987 Unity Accord, with blood dripping from the
ceiling on to Nkomo's shoulders. Police later covered the paintings
with newspapers and blacked out the gallery's street-level windows.
Maseko was charged with undermining the authority of President Mugabe
and was released on a $100 bail on March 30. At the September 13
hearing, the state sought to introduce a new charge of publishing or
communicating falsehoods prejudicial to the Government. Magistrate
Ntombizodwa Mazhandu ruled that the state can bring a new charge only
if the initial charge had been withdrawn. The state then withdrew the
initial charge. On September 18, Magistrate Mazhandu granted an
application to refer the matter to the Supreme Court, whereby the court
will determine whether Maseko's freedom of expression had been
violated. The case was pending at year's end.
On June 17, Michael Mabwe, cofounder and coordinator of Zimbabwe
Poets for Human Rights, was called to the police station for allegedly
contravening POSA by performing a poem that castigated the Government's
violation of human rights. Mabwe was released on the same day without
charge.
In a government gazette published on August 27, Home Affairs
Secretary Melusi Matshiya announced that it was illegal to depict the
Gukurahundi as a tribal-based event. The ban targeted Owen Maseko's
exhibition, which the Government deemed tribal-based.
On August 31, Bulawayo Art Gallery Director Voti Thebe appeared in
court for displaying Owen Maseko's exhibition. Thebe was released, but
his trial was pending at year's end.
In early September the Government cancelled work permits for the
South African musical group Freshlyground ahead of its October 3
concert in Harare. The decision came after the band made a video,
Chicken to Change, featuring satirical puppetry of President Mugabe.
On November 10, in Buhera, an unmarked vehicle with four CIO agents
interrupted a performance on healing and reconciliation facilitated by
three NGOs. The CIO agents questioned the facilitators about the script
and the alleged political content of the play. Even though the
producers had obtained clearance from the police, the agents questioned
the facilitators on why clearance was not sought previously.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly; however,
the Government restricted this right in practice. POSA does not require
permits for meetings or processions, but it requires that organizers
notify the police of their intentions to hold a public gathering, which
by definition constitutes 15 or more individuals, seven days in
advance. Failure to do so results in criminal prosecution as well as
civil liability. In 2008 POSA was amended as part of constitutional
amendment 18 to require police to go to a magistrate's court and state
in an affidavit why a public gathering should not take place. Although
many groups that held meetings did not seek permits, other groups
informed the police of their planned events and were denied permission,
or their requests went unanswered. Police insisted that their
permission was required to hold public gatherings and sometimes
approved requests; however, they disrupted many events whether or not
they were notified.
On January 18, police in Harare used batons to disperse a
demonstration on education issues at the Ministry of Education. Police
arrested three persons--WOZA member Thabita Taona, a journalist, and a
bystander. The journalist and bystander were released the same day.
Taona spent two nights in police custody before she was released.
On January 25, police in Bulawayo disrupted a peaceful march by 200
WOZA members and beat 11 participants. Six members were arrested and
released several hours later without charge. The women were treated for
soft tissue bruising.
On February 17, police arrested two women in Mutare one day after a
peaceful Valentine's Day demonstration and a door-to-door search for
persons who took part. The police found WOZA materials in their homes
after an illegal search. The two women were subjected to intimidation
and threats during their two nights in custody. They appeared in court
on February 19 and were released after the police failed to produce
evidence to support charges of criminal nuisance.
On September 20, in Harare, 83 WOZA and Men of Zimbabwe Arise
members were arrested during a march to protest unprofessional police
conduct. After two days in detention, they were released without bail.
Police detained WOZA national coordinator Jenni Williams for two hours
on September 22 for unlawfully addressing the 83 members after their
release. Williams was released without charge.
On November 25, police in Nkayi in Matabeleland North arrested 17
MDC-T officials, some of whom were city councilors, on charges of
holding a public meeting without police authority. The officials denied
the charges and claimed that the alleged meeting was a private
Christmas party. The officials were released, and a hearing was
scheduled for January 2011.
According to a February report submitted by the Zimbabwe Lawyers
for Human Rights to the Parliamentary Portfolio Committee on Home
Affairs and Defence, at least 125 persons were arrested in 2009 for
participating in gatherings and charged under either POSA or various
provisions of the criminal code. In 2008 approximately 270 individuals,
of a total of 1,446 human rights activists arrested or detained during
the year, were charged with participating in unlawful gatherings under
either POSA or the criminal code. None of the 2008 and 2009 cases with
connection to POSA or the criminal code had been successfully
prosecuted by the Government.
In June 2009 police in Harare used batons to disperse a march by
approximately 700 WOZA members to commemorate the International Day of
Refugees. Police arrested five demonstrators and three journalists.
Four of the arrested demonstrators suffered severe deep tissue
injuries, one had a broken finger, and two were unable to walk without
assistance. In August 2009 the four were summoned to the police station
to make statements and answer questions in connection with their
assault. No further action was taken by year's end.
In September 2009 approximately 1,300 WOZA members in Bulawayo
marched to commemorate the UN's International Day of Peace. One victim,
Frances Vale, was unable to walk after being beaten by four police
officers; he also suffered a fractured arm. Vale lost his job because
his arm was improperly treated. He sued the police for damages, and the
case was pending at year's end.
No further action was taken in the 2009 or 2008 cases in which
opposition figures and civil society members were harassed or arrested
by government authorities.
In response to continued unrest among student groups angered by
increasing tuition, the Government continued to harass university
student unions and student demonstrators. On January 14, police in
Bindura arrested 28 students from the Bindura University of Science on
allegations that they contradicted university authority by claiming
that the Ministry of Higher Education would not provide university
students with their exam results until they had paid the school fees.
They were acquitted in July after the Government failed to make its
case.
In August 2009, 14 ZINASU representatives were arrested at the
University of Zimbabwe while speaking to students about school fees.
The students were charged under the Criminal Law (Codification and
Reform) Act for participating in a gathering with intent to promote
public violence, breach of peace, or bigotry; they were granted bail by
a Harare magistrate. During a hearing in September 2009, a magistrate
conceded that the section of the law the students were accused of
contravening had been found unconstitutional and repealed several years
earlier. On August 26, the magistrate court removed the students from
remand and advised the prosecutor to proceed by summons if he wished to
bring the students to trial.
There were no developments in other student cases reported in 2009
or 2008.

Freedom of Association.--Although the constitution and law provide
for freedom of association, the Government restricted this right in
practice. Organizations generally were free of governmental
interference only if the Government viewed their activities as
nonpolitical. ZANU-PF supporters, sometimes with government support or
acquiescence, intimidated and abused members of organizations perceived
to be associated with other political parties. Suspected security force
members visited the offices and inquired into the activities of
numerous NGOs and other organizations that they believed opposed
government policies.
In late November, Criminal Investigative Department (CID) officers
in Chivhu disrupted a Transparency International (TI) community
outreach event. Despite a police clearance obtained prior to the event
from the Chivhu Central Police, the CID insisted that clearances must
be obtained from all security departments and threatened TI staff with
arrest for distributing fliers. TI members eventually gained permission
from the police to resume; however, six CID and three police officers
patrolled the event. The event was disrupted for a second time shortly
after it began by three CIO agents. TI was subsequently ordered to
cancel the event and leave Chivhu.
In early August the district administrator in Murehwa banned the
NGO Crisis Coalition from conducting civic education activities in the
area ahead of the constitutional outreach meetings by refusing to grant
them clearance for the event.
The formation of political parties and unions was not restricted;
however, security forces and ZANU-PF supporters continued to interfere
with activities of both during the year. On May 8, police in Waterfalls
arrested Job Shikhala, MDC-99 leader, citing contravention of the POSA
for holding a meeting without police permission. The meeting in
question was the launching of the MDC-99 political party. Shikhala was
released several days after arrest. On June 8, he was acquitted after
the police failed to produce evidence in the case.
On December 29, police barred the new political party, Zimbabwean
African Political Union, from holding a public meeting at Tsholotsho
Business Center on the grounds that they did not have sufficient
manpower to cover the event.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

Internally Displaced Persons (IDPs).--According to the Internal
Displacement Monitoring Center's 2009 estimate, between 600,000 and one
million persons remained displaced within the country as a result of
government policies, including state-sponsored election-related
violence, land reform, and Operation Murambatsvina in 2005. According
to an IDP assessment report conducted during the year, approximately
one-third of the IDPs interviewed cited Murambatsvina as the cause of
displacement. Nevertheless, the Government denied that a serious IDP
problem existed. Historically, the Government did not tolerate use of
the phrase ``internally displaced persons'' and instead referred to
``mobile and vulnerable populations'' (MVPs). In 2009 the Government
started acknowledging that there were some IDPs in the country and
began to agree to use of the term when describing some populations.
However, some government officials continued to refuse to describe
victims of farm-related displacements as IDPs or MVPs and preferred to
call them ``squatters.''
Estimates for the number of IDPs varied widely and were not
supported by comprehensive surveys conducted on a national scale due to
the sensitivity of the issue. According to the International
Organization for Migration (IOM), new displacements documented were
mostly from disputed farming areas. In 2009 the IOM documented the
displacement of 3,500 households with another 1,600 deemed at risk of
displacement due to verifiable threats or eviction notices. During the
year the IOM documented 466 displaced households with another 527
households deemed at risk. Since 2009 the IOM has assisted more than
475 households with temporary shelter, more than 1,000 households with
emergency shelter, and 1,500 households with transitional shelter. The
IOM and World Food Program have assisted approximately 110,000
individuals with food assistance since 2009.
The Government's campaign of forced evictions and the demolition of
homes and businesses continued during the year under the land reform
policy. For example, on August 25, police raided and burned an informal
settlement at a race course in Harare. Approximately 50 armed police
officers, accompanied by police dogs, arrived at the settlement and
ordered an estimated 100 individuals to move. Police then began burning
shacks and tents and beating the few who resisted. Nearly 55
individuals, including five minor children, were arrested and released
the same day. Police initially denied a request for access by a ZLHR
lawyer. The majority of the individuals were employees of the race
course, while the remaining were victims of Operation Murambatsvina. At
year's end, ZLHR was in the process of assessing the property damage to
file civil claims against the city of Harare, the police, and the
Ministry of Home Affairs.
Beginning in late September, the Government evicted approximately
1,750 households from resettled former commercial farm lands without
any provisional planning to resettle the displaced population. As of
early December, approximately 1,050 households remained at risk of
displacement. Illegal farm settlers, former farm workers, and persons
internally displaced from other parts of the country constituted the
affected population, and a majority had resided on their land for many
years without formal offer letters or title deeds. Eviction notices
were served in the presence of the police and the army. The eviction,
which initiated at the start of the rain and planting season, presented
humanitarian challenges for the affected population, particularly in
terms of food security and relocation options.
International organizations reported that the environment for
humanitarian assistance operations had improved noticeably for the
early part of the year. The Government did not substantially restrict
NGO ability to provide IDP assistance. No formal restrictions existed
at the national level. In a few isolated cases, organizations were
advised by local authorities not to travel to places where there were
ownership disputes on certain farms where workers might be at risk.
There were cases of the Government interfering with aid distribution,
notably in ZANU-PF strongholds, and linking the provision of assistance
to ``voluntary'' work in the community.
Projection of an early election in 2011 led to an increasing
politicization of humanitarian assistance at the community level toward
the end of year. There were credible reports of ZANU-PF local
councilors and officials in Mashonaland forming ``committees'' through
which NGOs had to channel humanitarian assistance. As a result, MDC
supporters were excluded from receiving subsidized farm inputs, food
aids, and medicines.
In 2009 more than 5,000 farm workers and their families were
affected by government-condoned eviction and demolition of homes and
businesses. Approximately 3,300 families were forcibly displaced,
sometimes violently, during government-condoned takeovers of commercial
farms; an additional 1,800 farm workers and their families were allowed
to remain on seized farms, but they remained at risk of displacement by
new owners. According to a 2002 national census, the average household
size was five persons per household, which suggested that 25,000
persons might have been affected by the land reform program. Most were
displaced from farms taken during the Government's politicized land
reform program. In previous years new farm owners often allowed the
farm workers of the previous owner to remain on the property. However,
in 2009 evictions increased and hundreds of workers' homes were burned
by new proprietors.
Between April and June 2008, at least 30,000 persons were displaced
in the wake of government-sponsored political violence and destruction
of property, particularly in rural areas. In 2008, when violence levels
in rural areas declined in the wake of political talks, many IDPs
returned to or near their homes and were ``fined'' in food, animals, or
money by local ZANU-PF militias. Many IDPs returned to their rural home
areas and rebuilt homes damaged or destroyed in 2008, while others
integrated into new communities within the country or in the diaspora.
However, many families had not found permanent shelter or integration
and continued to live in tents that were provided as temporary shelter.
During the year the IOM started working with local authorities and
communities to develop plans for integrating displaced families and
affording them access to basic social services and living conditions.

Protection of Refugees.--The country's law provides for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees.
In law and practice, the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion.
The Government maintained a formal encampment policy whereby
refugees must live at the Tongogara refugee camp, with access to very
basic services and accommodation. The UNHCR ran a transit center to
host refugees from Tongogara with serious protection problems or who
were in the process of resettlement interviews. However, the
Government's encampment policy posed limitations on refugees' freedom
of movement and ability to earn a livelihood. In some cases, the
Government informally allowed refugees with special needs to live in
urban centers. The Government granted work permits to a few refugees,
primarily those with special skills.
Some refugees lived in urban areas without the permission of the
Government and remained at risk of arrest and return to the refugee
camp. Approximately one-quarter of the refugees lived in Harare at
year's end. There were reports of arrests and returns to the camp
during the year. There were also several cases of criminal allegations
against refugees; in such cases, the UNHCR assisted the refugees in
obtaining access to legal representation. The detention of potential
refugees at the border due to illegal entry was also a problem, since
the Government lacked the budget and capacity to transfer them to
Tongogara camp.
The UNHCR had a resettlement program that processed approximately
230 individuals for resettlement abroad during the year. The UNHCR was
in the process of identifying up to 700 refugees for resettlement by
year's end.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens with the right to change their
government peacefully; however, this right was restricted in practice
because the political process continued to be biased heavily in favor
of ZANU-PF, which has dominated politics and government since
independence in 1980.

Elections and Political Participation.--Harmonized elections for
the presidency, the House of Assembly, Senate, and local government
were held in 2008. As in previous elections in 2000, 2002, and 2005,
the preelection period was not free and fair. The environment was
characterized by some violence and a media environment that heavily
favored Mugabe. Although Tsvangirai was allowed to campaign, the police
did not permit the MDC to hold all of its planned rallies, and some MDC
activists were intimidated and beaten in the weeks before the election.
Foreign journalists were not granted permission to cover the elections.
The law stipulates that the Zimbabwe Electoral Commission (ZEC) is
responsible for maintaining and updating the voters' roll. However, the
ZEC lacked the capacity to carry out these functions and relied heavily
on the Registrar General of Voters Office to help it. In the weeks
preceding the March elections, the registrar general and the ZEC did
not ensure an open inspection of the voters' roll until they were
compelled to do so by a court order. In 2009 a local NGO examined the
voters' roll in its report 2013 Vision: Seeing Double and the Dead: A
Preliminary Audit of Zimbabwe's Voters' Roll and found numerous
inaccuracies. Notably, the report documented attempts to register
voters at ghost addresses, multiple registrations of the same person in
different constituencies, and an improbable number of registered voters
over the age of 90.
The March 2008 election was largely peaceful, with international
observers from African organizations present; international observers
from Western nations were not invited. Domestic observers played a
critical role in the 2008 election and observed both voting and vote
tallying at polling places across the country. For the first time,
election results were posted outside each polling station. At numerous
polling places, observers photographed the final vote count sheet and
distributed the images.
The March 2008 election results demonstrated a significant shift in
the political environment. The MDC secured a majority in numerous local
government councils and in the House of Assembly. Lovemore Moyo of the
MDC-T was elected Speaker of the House by secret ballot, marking the
first time for a member not affiliated with ZANU-PF to hold the
position.
The results of the presidential race were not released for more
than a month, calling into question the credibility and independence of
the ZEC. According to the ZEC tally, the MDC-T's Tsvangirai obtained
47.9 percent of the vote, while Mugabe obtained 43.2 percent. Simba
Makoni, an independent candidate, received 8.3 percent. Initially, the
MDC-T challenged the results, asserting that Tsvangirai had secured the
majority of votes needed to win the presidency. According to the ZEC
tally, since no candidate secured the 50 percent-plus-one needed to win
outright, a run-off election was set for June 2008.
The months leading to the run-off election were marred by
widespread violence and intimidation perpetrated by the ZANU-PF
government and its supporters. The violence left more than 150 dead,
thousands injured, and tens of thousands displaced. In June 2008, in
the wake of the violence, Tsvangirai announced that he would not
contest the run-off election. Nevertheless, the Government held the
election, and in June 2008 the ZEC announced that Mugabe had won with
more than 85 percent of the vote; he was inaugurated immediately.
Due to a government policy shift from the first round, the Zimbabwe
Election Support Network (ZESN) and other domestic observers faced
significant obstacles that prevented them from observing the June
election. The Government greatly reduced the number of accreditations
from more than 8,600 in the harmonized election to 500 in the
presidential run-off. Observers charged that the shortage of
accreditations was to curtail the ability of civil society to monitor
the election, especially polling.
While the country did not allow citizens of most Western countries
to observe the elections, it allowed election observer missions from
three African groups: the Pan African Parliament, the SADC, and the
African Union. Each group subsequently issued statements critical of
the election, as did the leaders of a number of neighboring countries,
including Botswana and Zambia.
Following domestic and international protests of Mugabe's
inauguration, ZANU-PF and the MDC resumed negotiations, with former
South African president Thabo Mbeki as lead SADC mediator. In September
2008, Mugabe, Tsvangirai, and MDC-M party leader Arthur Mutambara
signed a power-sharing agreement, known as the GPA, to establish an
``inclusive'' government.
In January 2009, after several months of additional negotiations on
the distribution of ministries and despite the abductions of MDC
officials and Mugabe's reappointment of Reserve Bank governor Gideon
Gono and appointment of Attorney General Johannes Tomana in violation
of the GPA, Mugabe, Tsvangirai, and Mutambara agreed to implement an
inclusive government. In February 2009 parliament passed constitutional
amendment 19, which added to the Government the positions of prime
minister, two deputy prime ministers, and a number of additional
ministries and deputy ministry positions. Passage of the amendment
paved the way for the inauguration of MDC-T leader Tsvangirai as prime
minister, alongside deputy prime ministers Arthur Mutambara and
Thokozani Khupe. Forty-one ministers and 20 deputy ministers also were
sworn into office.
In December 2009, several months after parliament submitted
nominations to his office, President Mugabe named the members of three
of four independent commissions, including the Media, Human Rights, and
Electoral Commissions, as provided for in the GPA. On March 31, the
president swore into office the Human Rights Commission, headed by
prominent academic Reginald Austin, and the electoral commission,
headed by former judge Simpson Mutambanengwe. President Mugabe had not
appointed members to the Anticorruption Commission by year's end.
The GPA mandates the writing of a new constitution. In July 2009
the first All Stakeholders Conference was held in Harare to create a
framework for the process. ZANU-PF supporters and war veterans
disrupted the conference on its opening day, and it only resumed the
following day after intervention by President Mugabe. The
Constitutional Parliamentary Committee (COPAC), with three
cochairpersons from the MDC-T, MDC-M, and ZANU-PF, led the process.
Seventy outreach teams, with 12 members in each team, were set up to
solicit public input. The outreach process was scheduled to begin in
November 2009, to be completed by February, with the draft to be voted
on in a national referendum by July. COPAC officially began the
outreach on June 18, seven months behind schedule; it was completed by
October. The outreach effort was rife with reports of intimidation,
disruption, harassment, arrest of MDC-T supporters and members of
parliament, and precoaching conducted by ZANU-PF supporters. Contrary
to expectation, there were few cases of violence and human rights
abuses.
The cabinet agreed to amend portions of the Electoral Act in early
July. The reforms, which had previously been agreed by the GPA
negotiators, were designed to minimize election rigging by requiring
presidential election results be announced within five days of voting,
the voters' rolls be specific to polling stations, and electronic
copies of the voters' roll be freely accessible. The amendments were
pending approval by parliament at year's end.
President Mugabe continued to make unilateral decisions without
consulting the other two principals in the Government, as required by
the GPA. For example, on May 20, President Mugabe appointed one judge
to the Supreme Court and four to the High Court without consulting
Prime Minister Tsvangirai and Deputy Prime Minister Mutambara. On July
24, President Mugabe reassigned the country's ambassadors and
representatives to Russia, Italy, Sweden, and South Africa, and the UN
without consulting his coprincipals in the inclusive government.
The ZEC was established in 2005 but was not constitutionally
mandated until the passage of amendment 19. Under the amendment, the
ZEC is charged with directing voter registration, maintaining the
voters roll, conducting voter education, accrediting observers, and
conducting elections. The ZEC consists of nine members, four of whom
must be women, who are appointed by the president. The chairperson is
appointed after consultation with the Judicial Service Commission,
while the other eight are appointed from a list of nominees submitted
by the Parliamentary Committee on Standing Rules and Orders. The ZEC
also has provincial and district offices. President Mugabe announced
the eight members of the ZEC in December 2009 and named Namibia-based
Judge Simpson Mtambanengwe as chairperson on March 31. Since the ZEC's
inception, observers have questioned its independence and impartiality.
The constitution empowers the ZEC to set the boundaries of
parliamentary and local constituencies. The delimitation report was
completed in 2008 without debate in parliament, in contravention of the
constitutional requirement. The MDC and members of civil society
criticized the delimitation of wards and constituencies as favoring
ZANU-PF.
Although the constitution allows for multiple parties, ZANU-PF and
security forces intimidated and committed abuses against other parties
and their supporters and obstructed their activities.
Under the constitution, the president may unilaterally declare a
state of public emergency for a period of up to 14 days. The GPA
stipulates that the president must consult with prime minister prior to
dissolving parliament, prior to appointing or removing a vice president
and any minister or deputy minister, and prior to appointing eight
provincial governors who sit in parliament.
In the 2008 elections the MDC-T won a majority of seats in city
councils across the country. However, the Government routinely
interfered with MDC-led local governments. For example, on August 25,
the ZANU-PF minister of local government, urban, and rural development
suspended seven MDC-T councilors from the Harare City Council on the
charge that they had illegally evicted widows and orphans from houses
belonging to the council. Councilors Job Mbadzi and Herbert Gomba were
acquitted, while Peter Marange was found guilty and given a warning. On
December 6, councilors Silas Machetu, Maxwell Katsande, Paul Gorekore,
and Johnson Zaranyika were convicted and dismissed from the council.
The councilors appealed their conviction in the High Court; the case
was pending at year's end (see section 4).
Under the Urban Councils Act, the Ministry of Local Government,
Urban, and Rural Development has the power to appoint ``special
interest councilors'' to local councils to represent special interest
groups. Such appointments are intended to fill ``gaps'' by including
members of business and civil society in the councils.
After the 2008 elections, there were 34 women in the 210-seat House
of Assembly. Women won 23 of the 60 elected seats in the Senate,
including the president of the Senate. One vice president, one deputy
prime minister, five ministers, and two governors were women. Of the
270 elected positions in the House of Assembly and the Senate, 57 were
filled by women, constituting 21 percent of the total, short of the
SADC target of one-third for female representation. Women participated
in politics without legal restriction, although according to local
women's groups husbands commonly directed their wives to vote for the
husbands' preferred candidates, particularly in rural areas. The ZANU-
PF congress allotted women one-third of party positions and reserved 50
positions for women on the party's 180-member central committee, which
was one of the party's most powerful organizations.
There were 11 members of minority groups in the cabinet, including
Deputy Prime Minister Thokozani Khupe; former vice president Joseph
Msika, who died in August 2009, and his replacement selected by the
ZANU-PF party congress; and Vice President Joshua Nkomo, who was sworn
in on December 2009. There were 46 members of minority groups in the
House of Assembly, including three whites.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively and
impartially, and officials frequently engaged in corrupt practices with
impunity. According to World Bank Worldwide Governance Indicators,
corruption was a severe problem. Implementation of the Government's
redistribution of expropriated white-owned commercial farms often
favored ZANU-PF elite and continued to lack transparency. High-level
ZANU-PF officials continued to select numerous farms and register them
in the names of family members to evade the Government's policy of one
farm per official. The Government continued to allow individuals
aligned with top officials to seize land not designated for
acquisition. Public officials were not subject to financial disclosure
laws.
Corruption was particularly pervasive in local government where
officials abused their positions and government resources openly and
with impunity. According to Transparency International-Zimbabwe's (TIZ)
Advocacy and Legal Advice Center (ALAC), a total of 642 corruption-
related complaints were received between April 2009 and April 2010; the
vast majority of complaints received in 2009 came from urban residents
complaining about local government bribery, misappropriation of
government resources, and abuse of power. Local councilors' control of
the designation and allocation of new land lots for residential and
commercial use led to numerous allegations of bribe attempts and rent-
seeking opportunities. Local government officials also demanded bribes
or excessive fees for ``expediting'' paperwork, including birth
certificates, passports, and licenses. Allegations of corruption were
reported for both ZANU-PF and MDC-T councilors.
For example, in Chitungwiza, a high density suburb outside of
Harare, MDC-T councilors were unable to deliver city services largely
due to council corruption and a lack of oversight and accountability.
In response the MDC-T expelled all of the MDC-T councilors in
Chitungwiza from the party early in the year. However, the expelled
councilors remained in their elected positions and continued to serve
as independent councilors at year's end.
Corruption occurred at every level of the police force but took
different forms depending on position, rank, or location. At the lower
levels, corrupt officers extorted nominal to exorbitant fees for
varying offenses from the public in an effort to augment their low
salaries. However, numerous reports of corrupt police officials being
investigated and arrested for criminal activity appeared throughout the
year. Armed police continued routinely to erect roadblocks in and
around cities and rural districts, claiming to be looking for
criminals, smuggled goods, and food. However, in many cases police
arbitrarily seized goods for their own consumption or extracted bribes
from commuters.
Constitutional amendment 19 requires that a previous anticorruption
commission be disbanded and a new one appointed. The commission members
had not been named by year's end.
In early January the MDC-T set up a 13-member team to investigate
reports of alleged corruption by its cabinet ministers, law makers, and
councilors. Prosecutions for corruption continued but were selective
and generally seen as politically motivated. The Government targeted
MDC-T officials, persons who had fallen out of favor with ZANU-PF, and
individuals without high-level political backing. On March 15, Justice
and Legal Affairs Minister Patrick Chinamasa claimed that corruption
was rampant among legal practitioners, both in public and private
practice, and blamed leading criminal lawyers for bribing magistrates
and prosecutors. Chinamasa also cautioned prosecutors against
recklessly invoking a section of the CPEA, which allows the police to
keep the accused in custody for an additional seven days after the
granting of bail to allow the Government to appeal a decision to grant
bail. In practice Chinamasa did not enforce this policy.
On April 7, police arrested two Harare city councilors, Casper
Takura and Warship Dumba, on the charge of criminal defamation for
their involvement in a report that exposed illegal business dealings
between businessman Phillip Chiyangwa and Local Government Minister
Ignatius Chombo (ZANU-PF). The report documented how city-owned
properties were sold to Chiyangwa in violation of city policy and law,
and how Chombo and city council employees illegally sold property
between 2005 and 2009. Takura and Dumba were released without charge.
Chiyangwa sued the mayor of Harare, Muchadeyi Masunda, and nine
councilors for criminal defamation in connection with the same report.
The trial began on May 6 and was postponed to allow the High Court to
deal with a separate application by the mayor and councilors
challenging the magistrate's decision to place them in detention. On
November 2, Chiyangwa withdrew the charges against the mayor and
councilors. On August 25, Chombo suspended seven MDC-T councilors from
the Harare City Council, accusing them of illegally evicting widows and
orphans from council houses. The MDC-T denounced this move as part of a
ploy to frustrate the investigation into the allegations against
Chiyangwa, Chombo, and the city council employees. Chombo set up an
independent disciplinary committee to conduct hearings on the
allegations. The committee acquitted two councilors, Job Mbadzi and
Herbert Gomba, and found Councilor Peter Marange guilty. The other four
councilors, Silas Machetu, Maxwell Katsande, Paul Gorekore, and Johnson
Zaranyika, were convicted and dismissed from the council on December 6.
The four councilors appealed their conviction in the High Court; the
case was pending at year's end.
On June 28, police arrested businessman and prominent ZANU-PF
member Temba Mliswa for fraudulently taking over a car accessory
company in Harare. Mliswa was arrested along with Martin Mutasa, son of
the ZANU-PF minister of presidential affairs, after publically accusing
Commissioner General Augustine Chihuri of corruption. Mliswa was
released on bail on July 5 but was continuously rearrested on new
charges following his release. He was finally released on $1,000 bail
on August 10 after nearly six weeks of incarceration. Mliswa faced more
than70 charges related to the alleged illegal seizing of farms and farm
equipment since 2002. On December 22, the court acquitted Mliswa of
some of the fraud and extortion charges, citing insufficient evidence;
however, testimony during the trial indicted that Mliswa's extensive
list of alleged crimes was committed with the complicity,
participation, and knowledge of several senior ZANU-PF, military, and
police officials. Other charges were pending at year's end.
In March 2009 Brigadier General Douglas Nyikayaramba, head of a
committee to administer the provision of farming inputs, namely seed
and fertilizer, named nine MPs whom he stated had abused a program that
provided inputs to legislators by taking more inputs than they were
allocated. Those accused included MDC-T MPs Evelyn Masaiti, Ernest
Mudavanhu, Hamandishe Maramwidze, Edmore Marima, Heya Shoko, Ransome
Makamure, and Tachiona Mharadza. ZANU-PF MPs Tranos Huruba and Ivine
Dzingirayi were also accused. Mudavanhu was released on bail in
September 2009 pending appeal. Makamure, Marima, and Shoko were
acquitted in 2009. Dzingirayi, Masaiti, and Mudavanhu were acquitted
during the year; the remaining case was pending at year's end.
Convicted MPs could lose their seats in parliament.
There were reports that ZANU-PF officials in the Government removed
persons perceived to be MDC supporters from the civil service and the
military. There also were reports that the Government assigned soldiers
and youth service members to work in government ministries. It was
common for the minister of local government to appoint ZANU-PF
supporters to bureaucratic positions in MDC-led local governments. City
public administrators reportedly earned hugely inflated salaries. In
August 2009 the comptroller and auditor general submitted a report to
parliament that documented significant irregularities within the
Ministry of Youth Development, Indigenization, and Empowerment.
Notably, the report stated that there were more than 10,000 names on
the ministry's payroll that were not reflected in human resources
records and that 458 persons were listed twice.
NGOs documented numerous cases of public officials soliciting
bribes to allocate lots and market stalls in the major cities. For
example, there were reports that the Chitungwiza local council
artificially lowered prices for residential stands to $200, while the
market value was closer to $2,500, and collecting large bribes from
well-connected individuals.
In December 2009 the MDC-T announced it was suspending MDC-T mayor
of Chitungwiza, Israel Marange, and several other MDC-T officials who
were accused of corruption. Minister of Local Government Chombo,
however, refused to dismiss the councilors, saying the issue was
internal to the MDC-T. The councilors continued to serve at year's end.
In April 2009, TIZ's ALAC began an anticorruption campaign by
inaugurating a toll-free hotline for residents to report corruption,
seek free legal advice, and propose solutions to prevent corruption,
TIZ also established a monthly newsletter to discuss hotline
complaints. Although the hotline was initially advertised in
government-controlled media, in August 2009 the national public
broadcaster, Zimbabwe Broadcasting Holdings, refused to carry TIZ's
advertisements. Many hotline callers complained about police soliciting
bribes at traffic stops, corruption in the allocation of vending
stalls, and officials' misappropriation of funds. The complainants were
also disgruntled about the ineffectiveness of public institutions
mandated to fight corruption, including the police and the
Anticorruption Commission.
The Government stated that the AIPPA was intended to improve public
access to government information; however, the law contains provisions
that restrict freedom of speech and press, and these elements of the
law were the ones the Government enforced most vigorously.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups operated
in the country, investigating and publishing their findings on human
rights cases; however, they were subject to government restrictions,
interference, monitoring, and harassment. Domestic NGOs worked on human
rights and democracy issues, including lobbying for revision of POSA
and the AIPPA; election observation; constitutional and electoral
reform; increasing women's access to the courts; raising awareness of
the abuse of children; conducting civic education; advocating for the
independence of the judiciary; and combating torture, arbitrary
detention, and restrictions on freedom of the press and assembly. Major
domestic independent human rights organizations included the Crisis in
Zimbabwe Coalition, Zimbabwe Human Rights NGO Forum, ZESN, ZLHR,
Zimbabwe Peace Project, National Constitutional Assembly (NCA),
Students Solidarity Trust, and WOZA.
The Government continued to use the Government-controlled media to
disparage and attack human rights groups. Articles typically dismissed
the efforts and recommendations of NGOs that were considered critical
of the Government as efforts by groups that merely did the bidding of
Western governments.
During the year police arrested or detained NGO members, often in
connection with demonstrations or marches; several were beaten during
arrest and tortured while in custody. Numerous NGO members died in
postelection violence in 2008.
On March 23, police in Harare arrested Zimbabwe Human Rights
Organization (ZimRights) director Okay Machisa for planning an
exhibition of 65 photographs showing a range of images from the 2008
election. Machisa was released several hours later after Prime Minister
Tsvangirai pressured co-minister of home affairs Giles Mutsekwa to
secure his release. On March 24, High Court judge Samuel Kudya ordered
that the photos be released within an hour and ordered the police not
to intervene in the exhibition. The photos arrived at the gallery only
a few minutes before Tsvangirai's arrival to open the exhibit. After
his departure, police returned to the gallery three times to search for
the photos and Machisa and demanded entry without a warrant. ZimRights
staff removed the photos from the gallery prior to the police return
and denied entry throughout the night. On April 26, police arrested
Joel Hita, ZimRights regional chairperson for Masvingo, and three other
employees for organizing the same photo exhibition without notifying
the police. The case was pending at year's end.
The Government harassed some NGOs it believed opposed government
policies, investigated their activities, and harassed their leaders.
For example, on May 27, police in Mutare raided the office and
residence of the Center for Research and Development director Farai
Maguwu and arrested Lisben Maguwu. Lisben was charged with obstructing
justice by assisting Farai Maguwu to escape through a window. Farai
Maguwu went into hiding and, accompanied by lawyers, turned himself in
on June 3. He appeared in court on June 8 and was detained illegally
for more than 48 hours. While in police custody, he developed
bronchitis; however, police denied him access to private medical care
despite multiple court orders. The Government initially charged him
with communicating information prejudicial to the state to Kimberly
Process Certification Scheme monitor Abbey Chikane. The Government then
charged him with communicating information that was prejudicial to the
state's economic interest to human rights activists Gabriel Shumba, Tor
Hugne-Olsen, and Anton Dekker. The magistrate court repeatedly denied
bail, citing the gravity of the charge and the ongoing investigation.
On July 12, the High Court granted bail on an appeal of the bail denial
at the magistrate court. Bail conditions included $1,500, daily
reporting to the Mutare police station, restricted movement in Mutare,
and surrender of his international passport. In July police in Mutare
called Farai Maguwu to the police station for driving a car alleged to
be stolen. The magistrate court relaxed the bail conditions on August
17. On October 22, Magistrate Vongai Muchuchuti acquitted Farai Maguwu
after the Government withdrew its case.
Representatives of international and foreign NGOs were arbitrarily
harassed. For example, on September 9, police arrested four foreigners
along with two members from the Allen Temple AIDS Ministry on the
charge of practicing medicine without the supervision of a pharmacist.
The four pled not guilty and were released on September 13 on $200 bail
each. The case was pending at year's end.
In 2007 parliament unanimously approved constitutional amendment
18, which provides for the establishment of a parliamentary human
rights commission; this was reiterated in amendment 19, which was
adopted by parliament in February 2009. In December 2009 President
Mugabe announced eight members of the Human Rights Commission, four of
whom are required to be women, and, on March 31, named Namibia-based
academic Reginald Austin as chairperson.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law provide that no person can be deprived of
fundamental rights, such as the right to life, liberty, and security of
person, based on one's race, tribe, place of origin, political
opinions, color, creed, gender, or disability; however, the
constitution allows for discrimination, primarily against women, on the
grounds of ``customary law.'' Discrimination against women and persons
with disabilities persisted. The Government and ZANU-PF continued to
infringe on the right to due process, citizenship, and property
ownership in ways that affected the white minority disproportionately.

Women.--The law makes rape and nonconsensual sex between married
partners a crime; however, few cases of rape, especially spousal rape,
were reported to authorities because women were unaware that spousal
rape was a crime and feared losing the support of their families,
particularly in rural areas. Government statistics on rape were
unavailable, but anecdotal evidence indicated it remained a widespread
problem. The criminal code defines sexual offenses as rape, sodomy,
incest, indecent assault, or immoral or indecent acts with a child or
person with mental disabilities and provides for penalties up to life
in prison for sexual crimes. Police acted on reported rape cases not
associated with political violence, and the Government media frequently
published stories denouncing rape and reporting convictions. In many
cases, the survivors knew their rapists. The criminal code also makes
it a crime to knowingly infect anyone with HIV and provides for
penalties up to five years in prison. Local NGOs dealing with women's
rights reported that rape cases were brought to the court and there
were convictions; however, statistics were unavailable. Children born
from rape suffered stigmatization and marginalization if their mothers
or extended families failed to report the rape and failed to register
their births.
Rape survivors seldom received protection in court under law. For
example, in August, Mildred Mapingure filed a suit against the
Government, claiming $52,000 in damages for wrongful birth. Mapingure
was raped by armed robbers and became pregnant. She reported the rape
to the police and applied for termination of pregnancy in accordance
with the Termination of Pregnancy Act. The courts delayed hearing the
matter and granted Mapingure authority to terminate the pregnancy only
when she was seven months pregnant. The doctors refused to terminate
the pregnancy at that advanced stage and she gave birth as a result.
During the year, two adult rape clinics were set up in public
hospitals in Harare and Mutare. The clinics were designed to receive
referrals from the police and NGOs working with rape survivors and to
administer HIV tests and provide medicines to prevent HIV infection,
other sexually transmitted diseases, and pregnancy. The clinics could
collect evidence and give medical examination that could be used for
court processes. According to one medical NGO, the clinics were well
organized but had been poorly advertised due to fear that their
capacity could not meet likely demand.
In November 2009 the IOM, UNICEF, and the UN Population Fund
created a one-stop center project for gender-based violence survivors.
One one-stop center and three general centers were set up around the
country. The announcement came in response to a survey that found that
the country's social, political, and economic instability had led to an
increase in sexual abuse of women, girls, and some boys. More than 50
percent of the 1,900 persons interviewed, both male and female,
reported that they had been raped. Nearly half of the respondents
stated that they did not know what to do to cope with rape experiences.
Domestic violence against women, especially wife-beating, continued
to be a serious problem. The Musasa Project, a local NGO that worked
for the protection and promotion of women's rights, reported that many
women in the country were in an abusive marital relationship. Most
cases of domestic violence went unreported, due to traditional
sensitivities and the women's fear of abandonment without support.
Authorities generally considered domestic violence to be a private
matter and usually only arrested an offender for assault if there was
physical evidence of abuse. There were newspaper reports of wife
killings, and there were a few reports of prosecutions and convictions
for such crimes; however, details were unavailable.
In 2007 the Government enacted the Domestic Violence Act, which
criminalizes domestic violence and provides enhanced protection for
victims of abuse; the act was viewed as a milestone by women's rights
groups. The law provides for a fine and a maximum prison sentence of 10
years. The Ministry of Women's Affairs, Gender, and Community
Development and local women's groups coordinated efforts to develop an
implementation strategy after the act passed parliament in 2006. In
October 2009 the ministry created an 11-member Anti-Domestic Violence
Council to monitor the implementation of the act, with members drawn
from government, civil society, churches, and traditional leaders. The
council was ineffective, due to the unavailability of statistics and
information on prevailing trends of domestic violence and lack of
funding.
The Government continued a public awareness campaign about the act.
Several women's rights groups worked with law enforcement and provided
training and literature on domestic violence as well as shelters and
counseling for women. However, the high turnover rate within the police
force demanded a continuous level of training that could not be met.
Local women's rights groups reported that awareness of the domestic
violence act increased; however, the press reported that the act proved
difficult to implement. For example, one impediment was the police form
to report domestic violence: not only was it difficult to complete, but
due to budget constraints police would ask victims to make their own
photocopies of the form.
Labor legislation prohibits sexual harassment in the workplace, and
an employer may be held liable for civil remedies if found to be in
violation of provisions against ``unfair labor practices,'' including
sexual harassment. Penalties for these violations are not specified in
the law. Women commonly faced workplace sexual harassment, government
enforcement was not effective, and there were no reports of any
prosecutions during the year.
Couples and individuals have the right to decide freely and
responsibly the number, spacing, and timing of their children and to
have the information and means to do so free from discrimination,
coercion, and violence. Inadequate medical facilities, including a lack
of electricity and medication, contributed to a relatively high
maternal mortality ratio of 880 deaths per 100,000 live births. HIV/
AIDS disproportionately affected females and was the major contributing
factor to maternal deaths in the context of a weakened health delivery
system. According to UNICEF's November 2009 Multiple Indicators
Monitoring Survey (MIMS), 65 percent of women who were married or in a
union used modern methods of contraception. Approximately 60 percent of
births were attended by skilled attendants, while 40 percent of women
gave birth at home. Half of the mothers between the ages of 15 and 19
delivered their babies at home. Approximately 93 percent of women
received prenatal care during pregnancy at least once. There was no
information available on whether women were equally diagnosed and
treated for sexually transmitted infections, including HIV.
Despite laws aimed at enhancing women's rights and countering
certain discriminatory traditional practices, women remained
disadvantaged in society. Economic dependency and prevailing social
norms prevented rural women in particular from combating societal
discrimination. Despite legal prohibitions, women remained vulnerable
to entrenched customary practices, including pledging young women to
marry partners not of their choosing and forcing widows to marry the
brothers of their late spouses.
The law recognizes women's right to own property independently of
their husbands or fathers; however, many women continued to be unaware
of their property and inheritance rights. Divorce and maintenance laws
were equitable, but many women lacked awareness of their rights. Women
have the right to register their children's birth; however, in practice
either the fathers or male relatives must be present. On June 3, the
Supreme Court ruled in Margaret Dongo v. Registrar General that the
registrar general has no right to bar mothers from obtaining passports
for their children. The ruling followed a constitutional challenge
filed against the discriminatory effect of the Guardianship of Minors
Act, whereby the legal guardianship of minor children born in wedlock
is vested only in their fathers. Justice Rita Makarau ruled that the
application for a passport is not a judicial act and that the exclusive
assistance of the minor child's legal guardian is not a legal
requirement.
Women and children continued to be adversely affected by the
Government's forced evictions, demolition of homes and businesses, and
takeover of commercial farms. Many widows who earned their income in
the informal economy or by renting cottages on their property lost
income when their market stalls or cottages were destroyed. Widows
faced particular difficulties when forced to relocate to rural areas.
The Ministry of Women's Affairs, Gender, and Community Development
continued its efforts to advance women's rights. The ministry, through
collaboration with local NGOs, continued training workshops for
traditional leaders in rural communities to create more awareness of
women's issues. The Government gave qualified women access to training
in the armed forces and national service. Although there were advances
for women within the armed forces in recent years, they continued to
occupy primarily administrative positions. In recent years, women
progressed in health and education but in general were concentrated in
the lower echelons of the workforce, especially in the financial
industry. Women held positions of importance in the legislative and
executive branches of the Government.
NGOs reported that anecdotal evidence indicated that women
experienced economic discrimination, including in access to employment,
credit, pay, and owning or managing businesses.
Several active women's rights groups concentrated on improving
women's knowledge of their legal rights, increasing their economic
power, combating domestic violence, and protecting women against
domestic violence and sexual transmission of HIV/AIDS. The Government
established the National AIDS Trust Fund to levy a 3 percent tax on
incomes of individuals in formal employment and corporate entities.

Children.--Citizenship is derived from birth in the country and
from one's parents, and every birth has to be registered with the
Births and Deaths Registry. The 2003 Citizenship Amendment Act
significantly changed citizenship laws and resulted in statelessness
for some persons who were born to foreign-born parents (see section
2.d.). Not all births were registered immediately, particularly if a
child was born in a rural area outside a government hospital. Other
reasons for failure to register births included fathers being absent or
lacking time to register, parents not having a national identity card
or birth certificate, the high cost of registration, and proximity to a
place of registration. The failure to register all births resulted in
some difficulties in accessing public services, particularly education
and identification documents.
Although legislation existed to protect children's rights, it was
difficult to administer and enforce, primarily due to a lack of
resources. Many orphaned children were unable to obtain birth
certificates, which the Child Protection Society reported made it
difficult for the children to enroll in school and access health
services; however, the Government made improvements in 2007 by
decentralizing the authority to issue birth certificates to local
registrar general offices throughout the country. According to the
UNICEF's MIMS, 37 percent of children under five years of age possessed
birth certificates.
Schools and clinics operated in most communities, although many
families struggled to pay fees and purchase educational materials for
their children. According to statistics from UNICEF, one-quarter of the
country's children were orphans, of which approximately 70 percent were
orphaned due to HIV/AIDS. Orphans and vulnerable children (OVC)
together constituted 37 percent of the country's children, and
approximately 80 percent of OVCs did not receive any form of external
support. An estimated 100,000 children lived in child-headed
households. Data on street children was not available at year's end.
In 2007 the Ministry of Public Service, Labor, and Social Welfare
and UNICEF formalized agreements with 21 NGOs to advance the National
Action Plan for OVCs, which was designed to ensure that OVCs were able
to access education, food, health services, and birth registration and
were protected from abuse and exploitation. UNICEF reported that by
February the NGOs involved had reached more than 800,000 OVCs with
comprehensive support and protection since the beginning of the
program.
Primary education is not compulsory, free, or universal. According
to the UNICEF's MIMS, 92 and 90 percent of female and male children of
primary school age, respectively, attended primary school. Ninety-four
percent of children of primary school age attended school in urban
areas compared with 90 percent in rural areas. In 2009 the Ministry of
Education, Sport, Art, and Culture drastically reduced school fees,
particularly in rural areas, to increase enrollment. However, due to a
lack of funding from the central government, some schools began to
charge levies of up to several hundred dollars for the school year,
which were prohibitive for many students. Some children continued to
pay school fees and levies with crops and livestock if they did not
have adequate hard currency. Despite a directive from the minister of
education that no child should be refused education for not paying
school fees, there were reports that students with unpaid fees were
locked out or turned away from schools.
Continuing economic hardship, displacement of thousands of children
from their homes as a result of election-related violence in 2008,
farm-related violence during the year, emigration of qualified
teachers, and distance of the closest schools continued to affect
enrollment rates. According to UNICEF, 71 percent of children who were
not enrolled in school did not attend in 2009 because of financial
constraints. In most regions of the country, fewer girls than boys
attended secondary school. If a family was unable to pay tuition costs,
it was most often female children who left school or never began. The
Child Protection Society reported that girls were more likely to drop
out because they were more readily employable, especially as domestic
workers.
Child abuse, including incest, infanticide, child abandonment, and
rape, continued to be serious problems. Police statistics showed that
reports of child rape tripled between 2005 and 2007. Anecdotal evidence
suggested that a relative or someone who lived with the child was the
most common abuser. Girl Child Network (GCN) reported that girls
believed to be virgins were at risk of rape due to the belief among
some that having sex with a virgin would cure men of HIV/AIDS. In 2008
UNICEF and the Government launched the Stand Up and Speak Out child
abuse awareness and prevention campaign. In October 2009 the NGO Plan
Zimbabwe and the Ministry of Education, Sport, Art, and Culture
launched the Learn Without Fear campaign, aimed at eradicating child
abuse in schools. The campaign began after a study found that many
children had been victims of unreported sexual and physical abuse by
their teachers and peers. During the year the GCN reported an increase
in the reports of violence in schools, with numerous cases of children
suffering serious injuries from corporal punishment.
The traditional practice of offering a young girl in marriage as
compensatory payment in interfamily disputes continued, as did arranged
marriage of young girls. The legal age for a civil marriage is 18,
although 16- and 17-year-old girls could marry with their parents'
approval. Customary marriage, recognized under the Customary Marriages
Act, does not provide for a minimum marriage age for either boys or
girls; however, the criminal code prohibits sexual relations with
anyone younger than 18 years of age. According to UNICEF, one-third of
women married when they were under 18 years of age, and 5 percent of
women married when they were under 15 years of age. Approximately 21
percent of young women between the ages of 15 and 19 were married or in
a union. Child welfare NGOs reported that they occasionally saw
evidence of underage marriages, particularly in isolated religious
communities or among HIV/AIDS orphans who did not have relatives
willing or able to take care of them.
Statutory rape, legally defined as sexual intercourse with a child
under the age of 12, carries a fine of $2,000, imprisonment up to 10
years, or both. A person in possession of child pornography can be
charged with public indecency and faces a fine of $600, imprisonment up
to six months, or both. Child prostitution carries a fine of $200,
imprisonment up to six months, or both. Those charged with child
prostitution were often also charged with statutory rape. A parent or
guardian who causes or allows a child under 18 years of age to
associate with or become a prostitute could face up to 10 years in
prison.
Traditionally, the Government gave preference to National Youth
Service (NYS) graduates among those seeking employment in the
Government, especially in the security forces. From the time of its
inception in 2000 until its suspension in 2007, an estimated 80,000 NYS
youths underwent militia training at more than 150 training camps
across the country. The stated purpose of the training camps was to
instill national pride in youth, highlight the history of the struggle
for independence, and develop employment skills; however, news reports
quoted deserters as stating that the camps subjected trainees to
partisan political indoctrination as well as military training. There
were numerous credible reports that graduates were used by the
Government to carry out political violence, human rights violations,
and intimidation. There were numerous reports from NGOs that children
as young as 16 participated in ZANU-PF affiliated youth militias, which
perpetrated violence across the country during the 2008 election
period. After the program's suspension in 2007, some participants were
absorbed into the country's security structures, including the army,
prisons, air force, intelligence organization, and police. Persons
under the age of 18 are prohibited from joining the military or police.
There were approximately one million orphans and OVCs in the
country. One of the biggest contributing factors was the high HIV/AIDS
rate. Approximately13 percent of the population was infected, and an
estimated 2,214 persons died per week. The vast majority of orphans
were cared for by the extended family. Many grandparents were left to
care for the young and, in many cases, children or adolescents headed
families and were forced to work to survive. Orphaned children were
more likely to be abused; not to be enrolled in school; to suffer
discrimination and social stigma; and to be vulnerable to food
insecurity, malnutrition, and HIV/AIDS. Extended families and
communities often refused to take orphans due to fear that they or
their own children might contract HIV. Some children were forced to
turn to prostitution for income.
UNICEF estimated that at least 10,000 children were displaced in
election-related violence in 2008. Several thousand were also displaced
with their parents as a result of farm-related violence and evictions
in 2009. At year's end, NGOs were uncertain how many children remained
affected. Economic hardships and the Government's lack of support for
social welfare institutions contributed to a highly vulnerable
population of street children throughout the country. NGOs operated
training centers and homes for street children and orphans, and
government officials referred children to these centers.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html, as well
as country-specific information at http://travel.state.gov/abduction/
country/country--3781.html.

Anti-Semitism.--The Jewish community numbered approximately 270
persons. There were no reports of anti-Semitic acts or underlying
pattern of discrimination.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with disabilities in employment, access
to public places, and the provision of services; however, the law was
not widely known or implemented by government institutions. The lack of
resources devoted to training and education severely hampered the
ability of persons with disabilities to compete for scarce jobs. The
law stipulates that government buildings be accessible to persons with
disabilities, but implementation was slow. NGOs continued to lobby to
include persons with albinism in the definition of ``disabled'' under
the law. Persons with disabilities faced harsh societal discrimination.
Traditional belief viewed persons with disabilities as bewitched and,
consequently, as persons who should be locked away; children with
disabilities often were hidden when visitors arrived.
Children with disabilities were discriminated against in
educational institutions. The unavailability of essential services,
including sign language interpreters, Braille materials, and ramps
prevented children with disabilities from attending school. Many
schools refused to accept children with certain disabilities.
According to the National Association of Societies for the Care of
the Handicapped, persons with disabilities continued to be a forgotten
and invisible group in society. For example, although an estimated 10
percent of citizens had disabilities, they were marginalized from HIV/
AIDS intervention programs. The organization also reported that only 33
percent of children with disabilities had access to education.
Persons with mental disabilities also suffered from inadequate
medical care and general provision of health services. There were eight
centralized mental health institutions in the country with a holding
capacity of more than 1,300 patients. The eight institutions were
allocated approximately1 percent of the Ministry of Health's budget.
Inpatients received cursory screening, and most waited for at least one
year for a full medical review. A shortage of drugs and adequately
trained mental health professionals resulted in patients not being
properly diagnosed and not receiving adequate therapy. There were fewer
than 10 certified psychiatrists working in public and private clinics
and teaching in the country. There was a 50 percent vacancy rate for
psychiatric-trained nurses; more than 90 percent of the available
psychiatric services were provided at the mental institution in
Bulawayo. NGOs reported patients being subjected to deplorable living
condition in terms of food, water, clothing, and sanitation. Budgetary
constraints and low holding capacity at these institutions resulted in
persons with mental disabilities being kept at home and cared for by
family, normally under chains and without treatment. No social workers
worked on the issue of reintegration for recovering patients.
The amendments to electoral laws changed voting procedures for
persons with disabilities. In 2008 the ZEC issued a notice explaining
that ``only the presiding officer and two other electoral officers or
employees of the commission will assist any voter who requests to be
assisted.'' Some groups complained that this ruling violated persons
with disabilities' right to cast their votes in secret. Ahead of the
June 2008 run-off election, there were widespread reports that ZANU-PF
militias and war veterans instructed voters to claim blindness at the
polling place in order to be assisted to vote for Mugabe. In 2009 the
National Association of Societies for the Care of the Handicapped
launched a five-year program to provide civic education to persons with
disabilities with the goal of encouraging greater civic participation.
The Government broadcast a regular, prime-time program on state
radio to promote awareness of the rights of persons with disabilities.

National/Racial/Ethnic Minorities.--According to government
statistics, the Shona ethnic group makes up 82 percent of the
population, Ndebele 14 percent, whites and Asians less than 1 percent,
and other ethnic groups 3 percent. There was some tension between the
white minority and other groups, and in numerous instances ZANU-PF
leadership manipulated this tension to further their political agenda.
Historical tension between the Shona majority and the Ndebele minority
caused the latter to perceive itself as marginalized by the Shona-
dominated government.
The Government continued its attempts to attribute the country's
economic and political problems to the white minority and Western
countries. ZANU-PF supporters seldom were arrested or charged for
infringing upon minority rights, especially those of the white
commercial farmers targeted in the land redistribution program.
In 2008 President Mugabe signed the Indigenization and Economic
Empowerment Bill into law. The law's official purpose was to increase
the participation of indigenous citizens in the economy, with the
ultimate objective of at least 51 percent indigenous ownership of all
businesses. During the year the minister of youth development,
indigenization, and empowerment, Saviour Kasukuwere, gazetted the
indigenization regulations, stipulating that all businesses with a net
annual turnover of $500,000 or higher had to submit plans on how they
intended to comply with the law by April. The deadline was extended
indefinitely after protests from some sections in government as well as
business and civic organizations. An indigenous Zimbabwean was defined
as any person, or the descendant of such person, who before the date of
the country's independence in 1980 was disadvantaged by unfair
discrimination on the grounds of his or her race. The law was
criticized as an attempt to create patronage for ZANU-PF.
During the year ZANU-PF used the law as justification to force
domestic partnerships on foreign business owners, who were typically
white. Numerous businesses, including privately owned conservancies and
factories, reported that senior ZANU-PF or military officials sought to
force partnerships on them without contributing to the enterprise. The
original foreign partners in these businesses were told by the
officials that they should cede half of the business or face unnamed
consequences.
Historically, the Government has discriminated against language
minorities through the Education Act, which enforced the teaching of
English in schools, along with Shona or Ndebele, depending on the
region. In 2001 other minority language groups (Tonga, Shangani,
Kalanga, Suthu, Venda, and Nambya) formed the Zimbabwe Indigenous
Languages Promotion Association (ZILPA) to petition the Government for
legal reforms so that their languages could be taught in their schools.
In 2008 the Government agreed to allow the teaching of these languages
in the areas in which they were spoken, along with English and Shona or
Ndebele. The Government did not provide resources for related teacher
training or instructional materials. Nonetheless, the Tonga
successfully developed curriculum and instructional materials to cover
the seven years of primary school education. In August 2009 Ministry of
Education, Sport, Art, and Culture officials met with ZILPA and agreed
to support its request for funding to teach all minority languages.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Leadership in both ZANU-PF and
MDC, including President Mugabe and Prime Minister Tsvangirai,
publically denounced the LGBT community and warned against the
inclusion of LGBT rights in the constitution. Over a period of years,
Mugabe publicly denounced the LGBT community, blaming it for Africa's
ills and declaring its members to be worse than ``pigs and dogs.''
Although there was no statutory law proscribing homosexual conduct,
common law prevents gay men, and to a lesser extent, lesbians, from
fully expressing their sexual orientation and, in some cases,
criminalizes the display of affection between men. The criminal code
definition of sodomy includes ``any act involving physical contact
between males that would be regarded by a reasonable person to be an
indecent act.'' Sodomy carries a penalty of up to one year in prison or
a fine up to $5,000. There were no known cases of sodomy charges being
used to prosecute consensual homosexual activity.
Gays and Lesbians of Zimbabwe (GALZ), the sole organization
dedicated to advancing the rights of the LGBT community in the country,
experienced discrimination and harassment. On May 21, police, armed
with a search warrant, raided the GALZ office to search for dangerous
drugs and pornographic materials, citing contravention of Censorship
and Entertainment Control Act. The police forced GALZ employees Ellen
Chademana and Ignatius Muhambi to provide passwords to their personal
e-mail accounts and arrested them for possession of pornographic
materials. In a second raid police charged the employees with
contravening the Criminal Law (Codification and Reform) Act for
undermining the authority of President Mugabe after finding a picture
of the president along with the plaque of a foreign gay and lesbian
activist. Police also raided the house of the director of GALZ on May
25. Police denied ZLHR lawyers access to the employees from May 21 to
May 23 and granted the first initial visit on May 24. Four self-
identified police officers removed the two employees from their cell on
the evening of May 25 and beat them in the face and knees during the
course of an interrogation. ZLHR lawyers observed that the two had
swollen faces, had plastic bags tied to their feet, and struggled to
speak during a consultation following the beating. On May 25, ZLHR
lawyers filed an urgent application at the High Court appealing the
legality of the arrest and detention. On May 26, the two appeared
before the magistrate court and were remanded from custody on $200
bail. Chademana's hearing, postponed six times from July 1 as the
Government's witnesses failed to turn up, finally commenced on August 2
and ended on November 18. On December 16, Chademana was acquitted on
the charge of possessing pornographic materials. Muhambi's trial
started on June 30, and after multiple hearings he was acquitted of the
charge of possessing pornographic materials on July 23. Both still
faced charge of undermining the president at year's end.
The Government censorship board continued to confiscate materials
sent to GALZ from outside the country and refused to release the
material, claiming that it was ``indecent.'' In 2008 GALZ filed three
lawsuits against the censorship board, seeking the release of the
materials. Due to the courts' refusal to act, three cases from 2008
were pending at year's end.
General homophobia and restrictive legislation made it difficult
for the LGBT community to feel safe about being open about their
sexuality in public. Because of significant social pressure, some
families reportedly subjected men and women to ``corrective'' rape and
forced marriages to encourage heterosexual conduct; the crimes were
rarely reported to police. Women, in particular, were subjected to rape
by male members of their own families.
On December 1, approximately 30 members of an LGBT NGO participated
in a march in Bulawayo to celebrate ``16 days of activism on violence
against women.'' Police ordered the members to leave the venue of
commemoration, citing as their reason the illegality of homosexuality.
Members of the LGBT community reported widespread societal
discrimination based on sexual orientation. Many persons who identified
with the LGBT community did not seek medical care for sexually
transmitted diseases or other health issues due to fear that health
providers would shun them. In the 2006-07 Presidential HIV/AIDS
Strategic Plan, the Government agreed to address HIV/AIDS among gay
men. However, as of year's end, the Government had not made any effort
to address the health needs of this population. Many LGBT persons
reported leaving school at an early age, decreasing their capacity for
economic gain. Coupled with socioeconomic discrimination, higher rates
of unemployment and homelessness among members of the LGBT community
were reported.

Other Societal Violence or Discrimination.--The Government has a
national HIV/AIDS policy that prohibits discrimination against persons
with HIV/AIDS, and the law prohibits discrimination against workers
with HIV/AIDS in the private sector and parastatals. Despite these
provisions, societal discrimination against persons affected by HIV/
AIDS remained a problem. Although there was an active information
campaign by international and local NGOs, the Ministry of Health and
Child Welfare, and the National AIDS Council to destigmatize HIV/AIDS,
ostracism and condemnation of those affected by HIV/AIDS continued.

Incitement to Acts of Discrimination.--Throughout the year,
government-controlled newspapers, radio, and television stations
continued to selectively vilify white citizens and to blame them for
the country's problems.
Section 7. Worker Rights

a. The Right of Association.--While the law provides private sector
workers with the right to form or join unions without prior
authorization, and workers exercised these rights, they were not always
respected in practice. The 2005 Labor Amendment Bill eliminated
previous public sector worker rights and excluded such employees from
protection under labor laws, placing them instead under the Public
Service Act, which does not provide for the right to form and belong to
trade unions, collective bargaining, strikes, or alternative dispute
resolution mechanisms. These restrictions, however, were not enforced
in practice. Public sector employees participated in unions and
professional organizations. Some, particularly teachers and medical
professionals, continued to mount campaigns for improved wages and
conditions; union leaders and members continued to face harassment.
Unions risked suspensions from registration for 12 months, and
government recourse to draconian laws such as POSA, AIPPA, and the
criminal law often curtailed trade union freedoms. The Government also
restricted union activity indirectly by defining all senior employees
as managers, although such employees did not enjoy benefits
commensurate to the title; this restriction was not widely enforced in
practice. Employees in positions designated as managerial were excluded
from general union membership. Unions must be registered with the
Ministry of Labor and Social Welfare.
During the year approximately 350,000 persons belonged to the 36
unions that form the ZCTU; approximately 55 percent of industries were
unionized. The ZCTU estimated that 600,000 persons were employed in the
formal sector. Approximately three million persons worked in the
informal sector, of which 1.25 million belonged to a trade union for
informal sector workers.
The Zimbabwe Federation of Trade Unions (ZFTU), a government-
created alternative labor body, continued to support splinter unions in
each economic sector; however, there was no evidence that either
employers or employees viewed the splinter unions as legitimate. The
Government was disinclined to include the ZFTU in labor-related
discussion with employer and labor organizations. In addition to
fostering confusion among workers, splinter unions forced existing
unions to spend scarce resources guarding against declining membership.
The splinter unions did not bargain collectively, handle worker
complaints, or provide worker education they were not very influential.
ZANU-PF elements of the Government openly targeted the ZCTU,
declaring it aligned with the MDC. The Government continued to use POSA
to limit the ZCTU and its affiliates' ability to meet with and consult
their constituencies, although the law does not apply to labor unions.
Under POSA, public gatherings require prior approval from the local
police except for those organized by churches and unions. In practice
unions often applied for permission and were denied. Unions were also
prevented from holding meetings with their members and carrying out
organizational activities, sometimes by the police or ZANU-PF
supporters and under threat of arrest.
On February 19, a group of 17 security officials representing the
JOC interrogated Gertrude Hambira, the secretary general of the General
Agriculture and Plantation Workers' Union of Zimbabwe (GAPWUZ), about
the union's role in producing a film, House of Justice, which
documented abuse suffered by farm workers. Deputy Police Commissioner
Innocent Matibiri led the 45-minute questioning. The interrogators
accused Hambira of overstepping her bounds because the video dealt with
human rights issues and not trade union issues. They also cautioned
Hambira's lawyer against associating with such dangerous persons. On
February 24, security officials raided GAPWUZ's office in downtown
Harare looking for documents and for Hambira. On February 25, police
questioned the deputy secretary general and GAPWUZ president over the
same report. Hambira fled the country shortly after the incident and
remained in hiding at year's end. During her absence, Hambira's family
members were approached by unknown individuals asking for her
whereabouts.
On March 2, two plainclothes police officers attempted to
participate in a ZCTU's educational workshop in Mutare. After being
ejected from the meeting, the two left and returned with a group of 20
police officers and two CID senior assistant inspectors. They ordered
the workshop participants to disperse, and accused the ZCTU of
conducting a workshop without police approval in contravention of POSA.
Three ZCTU employees were arrested, two of whom were released later on
the same day. Police charged the remaining employee with criminal
nuisance and ordered him to pay a fine of $20. The ZCTU filed an appeal
against the payment of the fine at the Mutare Magistrate Court and sent
a protest letter to the minister of labor and social services. The
matter was pending at year's end.
Police often denied the ZCTU's applications to hold commemorations
in particular venues and banned processions from taking place. On May
14, the ZCTU notified police of its intention to commemorate Health and
Safety Day in Kwekwe on June 6. Police ordered the commemoration to
take place in Hwange instead. The ZCTU appealed on June 17. In a June
22 response, police stated that the commemorations were not approved
because police officers were engaged in World Cup activities. On June
30, ZLHR lawyers appealed to the Bulawayo High Court; on July 2, the
court granted the ZCTU permission to proceed with the commemorations
and ordered police not to interfere. In similar fashion police banned
an April 30 procession for International Workers Day in Masvingo and a
May 24 procession for the commemoration of the death of 472 miners in
Bulawayo. The police also sought to restrict union activities by
prescribing certain conditions. For example, on International Workers
Day in Harare, the police stipulated that the commemoration could take
place on the condition that politicians not be invited.
In 2008 in its report on trade union rights abuses, the
International Labor Organization's (ILO) Application of Standards
Committee included cases filed by the ZCTU concerning violations of
freedom of association and protection of the right to organize for the
second consecutive year. The Government was criticized regarding
implementation of ILO Convention 87, which deals with freedom of
association. The committee called on the Government to halt arrests,
detentions, and threats and criticized it for refusing to appear before
the committee for two consecutive years to face the allegations.
In 2008 the ILO appointed a commission of inquiry to investigate
complaints that worker rights were violated under ILO Conventions 26
and 87. In May and August 2009, a three-person ILO commission of
inquiry visited the country and interviewed more than 100 individuals,
including those from government, civil society, unions, workers, and
employers. The report was submitted to the Government in January; the
Ministry of Labor accepted the report's findings and recommendations on
behalf of the Government in April. In August the ILO, working in
conjunction with the Government, the Employers' Confederation of
Zimbabwe, and the ZCTU, conducted a mission visit to follow up on the
implementation of the recommendations made in the report. A technical
assistance package aiming at legislative and policy reform,
institutional reform, strengthening of social dialogue, capacity
building for key institutions, and knowledge and communication of
information was provided during this visit.
Although the Labor Relations Amendment Act (LRAA) explicitly
recognizes the right to strike, it is circumscribed with procedural
limits, including 14-day advance-notice requirements, mandated 30-day
reconciliation periods, and possible mandatory referral to binding
arbitration. It also requires that at least 50 percent of employees
vote for a strike, although workers protesting health and safety
standards or lack of equipment may strike without the notification and
arbitration procedure. The act prohibits essential services employees
from striking on the grounds that it would ``endanger(s) immediately
the life, personal safety, or health of the whole or any part of the
public.'' The law also allows that any nonessential service may be
declared an essential service by the minister if a strike in a sector,
service industry, or enterprise persists to the point that the lives,
personal safety, or health of the whole or part of the population is
endangered. Managers were also prohibited from striking; in some
industries, the Government defined most employees as managers.
In practice the Government harassed union leaders who called for
strikes and union members who attempted to participate in them.
Government-imposed delays prevented most employees and their unions
from declaring legal strikes, and those who participated in strikes
deemed illegal faced government intimidation and sentences of up to
five years in prison.
There were no further developments in any of the 2009 or 2008 cases
of union harassment.

b. The Right to Organize and Bargain Collectively.--The LRAA
provides workers the right to organize and permits unions to bargain
collectively over wages and conditions of employment, and workers
exercised this right in practice; however, government harassment of
union leaders and interference by the ZFTU sometimes made such
negotiations difficult. Collective bargaining agreements applied to all
workers in an industry, not just union members. Public sector employees
do not have the right to collective bargaining, strike, or alternative
dispute resolution mechanisms; however, these restrictions were not
enforced in practice. Teachers, the largest civil servant sector,
engaged in labor actions during the year. In mid-September, the
Zimbabwe Teachers Association, Teacher Union of Zimbabwe, and
Progressive Teacher Union of Zimbabwe issued an ultimatum calling for a
salary increase from $150 to $500. The ultimatum lapsed without any
action from the Government. In November Finance Minister Tendai Biti
announced a 40 percent increase in the civil service wage bill.
However, the announcement did not specify the exact increase in
teachers' salaries, and negotiations between the teacher unions and
government continued at year's end.
The minister of labor and social welfare retained the power to veto
agreements that she believed would harm the economy, but she did not
involve herself directly in labor negotiations unless requested to do
so by one of the parties. Agreements reached by employers and employees
must be gazetted by the Ministry of Labor to go into effect. In
practice any agreement could be administratively blocked when left
ungazetted over an indefinite period of time.
Although the law prohibits antiunion discrimination, in practice
union members faced discrimination and harassment. A labor court
handled complaints of such discrimination under the mechanism for
resolving cases involving ``unfair labor practices.'' The determining
authority may direct that workers fired due to antiunion discrimination
be reinstated, although this did not happen in practice.
There were no special laws or exemptions from regular labor laws in
export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, with the exceptions
of working for parents or the national youth service; however, such
practices occurred. Forced labor is punishable by a fine, two years'
imprisonment, or both. Forced labor by children occurred across a wide
range of sectors; however, no detailed information was available on the
extent of the practice.
NGOs reported that compulsion to work was no longer a factor for
adults and children working in the Marange diamond fields during the
year; however, adults and children continued to work for economic
reasons. In 2009 Human Rights Watch and other NGOs reported that adults
and children were subject to forced labor conditions while digging for
diamonds in the Marange diamond fields. According to a June 2009 Human
Rights Watch report, Diamonds in the Rough: Human Rights Abuses in the
Marange Diamond Fields, children as young as 12 were forced to dig for
diamonds in January and February. One victim told Human Rights Watch,
``we worked together with about 30 children of ages between 10 and 17
years. The children worked the same 11 hours each day as adults did.
The soldiers had a duty roster for all villagers in Chiadzwa to take
turns to work in the fields, irrespective of age.''
Workers on seized farms reported that new owners occasionally
forced them to work without pay and under threat of eviction from the
farm.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
Under the LRAA, child labor is punishable by a fine, two years'
imprisonment, or both; however, child labor was common. Under the LRAA,
a child between the ages of 13 and 15 can work as an apprentice or if
the work is an integral part of ``a course of training or technical or
vocational education.'' The law further states that no person under the
age of 18 shall perform any work likely to jeopardize that person's
health, safety, or morals. The status of children between 15 and 18
years of age is not directly addressed, but 15 years of age remains the
minimum for light work, work other than apprenticeship, or work
associated with vocational education.
The Government released the 2004 Child Labor Report in 2006.
According to the survey, approximately 46 percent of children between
the ages of five and 17 were engaged in economic activity. The
unemployment rate continued to grow, with some estimates as high as 90
percent, which decreased the number of children employed in the formal
sector. However, the incidence of children who worked in the informal
sector continued to increase as more children worked to fill the income
gap left by ill, unemployed, underemployed, or deceased relatives.
Children often lacked access to necessary safety equipment and
training. Children worked in the agricultural sector, in forestry, as
domestics, in illegal gold and diamond mining, as street vendors, and
as car-watchers. Although the Government and NGOs increasingly
discussed the problem of child labor in the agricultural, domestic, and
informal sectors, concrete data on the number of cases remained
difficult to evaluate and confirm. An August 2007 survey by a domestic
NGO documenting child labor reported that approximately one-third of
children were working. Due to the economic downturn and reduction in
school hours in 2008 and decreased school enrollment, the organization
believed the percentage of children working was higher than one-third
during the year.
Most economically active children worked in the agriculture
industry and were also involved in mining, domestic labor, and other
areas of the informal economy. Children worked in all aspects of
tobacco farming, from planting to preparation of leaves for sale; in
the forestry regions of the eastern highlands on timber plantations; in
some sugarcane plantations in the southeast; on tea and coffee
plantations; and on small farms. Children worked on cotton farms; one
NGO reported that school attendance rates declined in cotton growing
areas during the harvest. Children also worked on some small commercial
farms in all aspects of maize production. At one maize farm near
Marondera, a local NGO found dozens of boys between the ages of 12 and
16 working. In cities children commonly worked as street vendors and as
guards for parked automobiles. Throughout the country, children,
particularly girls, worked as domestic laborers, often for family
members. Information on the extent to which child labor occurred in the
production of commercial products was not available. In 2009 Human
Rights Watch reported that children as young as 12 living near the
Chiadzwa Diamond Mine in Manicaland continued to work as forced
laborers under the guard of security forces in diamond fields. During
the year NGOs reported that forced child labor in the Chiadzwa diamond
field had ceased and the remaining children worked for economic
reasons.
Children were also engaged in the artisanal mining of gold and
faced hazards to their health and safety. In particular children
between the ages of 12 and 16 were used to crawl into small spaces in
abandoned gold mine shafts near Shurugwi in Midlands Province. Also
near Kwekwe, Bindura, and Mazowe, boys were involved in alluvial gold
panning. In other areas, children panned for alluvial gold and used
dangerous chemicals, including mercury, in purification processes. Most
of these children worked for themselves, a family member, or someone in
the community.
Some employers did not pay wages to child domestic workers,
claiming that they were assisting a child from a rural home by
providing housing and board. In addition some employers paid the
parents for the child's work. Relatives often took AIDS-orphaned
children into their homes but used them as domestics without pay.
The Department of Social Welfare in the Ministry of Labor and
Social Welfare is responsible for enforcing child labor laws, but the
department lacked personnel to carry out inspections or other
monitoring. In 2007 the ministry signed a memorandum of understanding
with the ILO to collaborate on a multiphase program for the elimination
of the worst forms of child labor. The program was expected to address
child labor issues and the implementation of ILO Convention 182,
including identifying the worst forms of child labor and implementing
activities pertaining to the prevention of child labor and the
protection of working children. In 2008 the Government and the ILO
initiated a nationwide survey on the worst forms of child labor; the
survey had not been released at year's end.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

e. Acceptable Conditions of Work.--There is no national minimum
wage except for agricultural and domestic workers. The minimum wage did
not provide a decent standard of living for a worker and family, and
more than 85 percent of the population continued to live below the
Government's poverty line. The Ministry of Labor and Social Welfare is
responsible for enforcing the minimum wage; however, monitoring systems
were ineffective, and many agricultural and domestic workers were
remunerated below the minimum wage. In 2008 the ILO reported that four
of five jobs in the country were in the informal sector, 78 percent of
which were in agriculture. This trend continued during the year. These
jobs generally provided extremely low cash income and poor working
conditions and did not offer adequate worker protections.
The maximum legal workweek is 54 hours, and the law prescribes a
minimum of one 24-hour rest period per week. No worker is allowed to
work more than 12 continuous hours; however, there was little or no
enforcement, particularly in agricultural and domestic worker sectors.
The law prescribes that workers receive not less than twice their
standard remuneration for working on a public holiday. However, workers
were unlikely to complain to authorities about violations due to fear
of losing their jobs.
The public service commission sets conditions of employment in the
public sector. Health and safety standards were determined on an
industry-specific basis. The Government designated the Zimbabwe
Occupational Safety Council, a quasigovernmental advisory body made up
of six representatives each from the Government, employers, and trade
unions, to regulate working conditions; however, budgetary constraints
and staffing shortages, as well as its status as an advisory council,
made the council largely ineffective. Industries did not have the
capacity to replace or update nonfunctioning and archaic machinery,
further aggravating workplace conditions. The National Social Security
Administration (NSSA) continued to experience difficulty monitoring the
thousands of work sites across the country; however, it closed shops
and factories not in compliance. Economic hardship also resulted in
factories shutting on their own or operating informally. The NSSA could
not inspect the informal sector due to budget constraints. The NSSA
reported in 2007 that a high turnover in staff meant that only 20 of 31
safety and health inspector positions were filled to monitor an
estimated 14,000 registered factories. For the period May 2009 to May
2010, the ZCTU reported 44 workplace fatalities and 686 injuries, a
significant decrease from 106 fatalities and 3,122 injuries over the
same period in 2008-09. As of year's end, the Government had not taken
action to address health risks in the workplace. Workers have a legal
right to remove themselves from dangerous work situations without
jeopardy to continued employment, but in practice they risked the loss
of their livelihood if they did.
Information on the treatment of foreign and migrant workers was not
available. The Government considered many commercial farm workers to be
foreigners because one or both parents were born in another country.

__________
EAST ASIA AND THE PACIFIC

----------

AUSTRALIA

Australia is a constitutional democracy with a federal
parliamentary government. Its population was approximately 22.5
million. Citizens periodically choose their representatives in free and
fair multiparty elections. On June 24, Julia Gillard replaced Kevin
Rudd as leader of the governing Australian Labor Party (ALP) and as
prime minister. In federal parliamentary elections held August 21,
neither the ALP nor the opposition Liberal Party and National Party
coalition won enough seats to form a government. Subsequently, the ALP
secured the support of the Greens Party member of Parliament (MP) and
three independent MPs to gain a majority of 76 seats in the 150-seat
House of Representatives and formed a government with Gillard as prime
minister. Security forces reported to civilian authorities.
Problems were reported in a few areas, including domestic violence
against women and children, racially based attacks on foreign students,
and societal discrimination against indigenous persons.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
In June the Queensland State Crime and Misconduct Commission
released a report into authorities' investigation of the 2004 death of
an indigenous citizen in police custody on Palm Island. The
commission's report found that the initial police investigation and
subsequent internal review of that investigation were flawed and
recommended that six police officers involved in the investigations
face disciplinary action. On November 23, the commission found
insufficient evidence for additional charges against the officer linked
to the death; he had been acquitted of manslaughter in 2007.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and the Government
generally respected these provisions in practice. There were occasional
reports that police and prison officials mistreated suspects in
custody. Some indigenous groups charged that police harassment of
indigenous people was pervasive and that racial discrimination by some
police and prison custodians persisted.

Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, and the
Government permitted visits by independent human rights observers.
In December 2009 a prisoner at the Capricornia Correctional Center
in Queensland State allegedly killed another prisoner. The trial for
the alleged killer was pending at year's end.
Three suicides occurred in the Villawood immigration detention
center in Sydney during the year (see section 2.d.).
In July the Western Australia State government provided
compensation to the family of an Aboriginal elder who died in 2008 of
heatstroke in a prison van, operated by a private security company,
during a 220-mile drive to court to face a drunk-driving charge. No
charges were filed against the two security guards involved. At year's
end authorities were reviewing the case to determine whether to file
charges against the security guards, the security company, and the
Department of Correctional Services under the Occupational Safety and
Health Act.
According to a December publication of the Australian Bureau of
Statistics (ABS), as of June there were 29,700 prisoners in the
country, including 2,228 female prisoners and 6,367 unsentenced
prisoners. Unsentenced prisoners included pretrial detainees, convicted
prisoners awaiting sentencing, and persons awaiting deportation. No
further breakdown was available.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. Authorities permitted prisoners and
detainees to submit complaints to government-funded legal aid offices;
federal, state, and territorial ombudsmen; and judicial authorities
without censorship. Authorities investigated allegations of inhumane
conditions and documented the results of such investigations in a
publicly accessible manner. The Government investigated and monitored
prison and detention center conditions. Both federal and state
governments funded ``juvenile diversion'' programs to keep young
persons out of the court and prison systems.
Federal, state, and territorial government ombudsmen can serve on
behalf of prisoners and detainees to consider such matters as
alternatives to incarceration for nonviolent offenders, addressing the
status and circumstances of confinement of juvenile offenders, and
improving pretrial detention, bail, and recordkeeping procedures.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the armed forces and police, and the
Government has effective mechanisms to investigate and punish abuse and
corruption. There were no reports of impunity involving the security
forces during the year.

Arrest Procedures and Treatment While in Detention.--Police
officers may seek an arrest warrant from a magistrate when a suspect
cannot be located or fails to appear; however, they also may arrest a
person without a warrant if there are reasonable grounds to believe the
person committed an offense. Police must inform arrested persons
immediately of their legal rights and the grounds for their arrest, and
arrested persons must be brought before a magistrate for a bail hearing
at the next sitting of the court. However, the law permits police to
hold individuals in preventive detention for up to 24 hours without
charge if a senior police official finds it is ``reasonably necessary
to prevent a terrorist act or preserve evidence of such an act.''
Individuals may be detained for an additional 24 hours under court
order.
Although the law states that the maximum investigation period for
which a person may be held and questioned without charge is 24 hours
(unless extended by court order), it also provided that this allowable
time for questioning a suspect may be spread across an unspecified
number of days (a concept known as ``dead time'')--a provision
criticized by human rights groups, the media, and the legal profession.
On November 15, Parliament passed the National Security Legislation
Amendment Bill 2010, which includes new powers for police to enter
premises without a warrant in emergency circumstances; addresses the
``dead time'' issue by establishing a seven-day limit on the amount of
time a terrorism suspect can be held for questioning; expands
counterterrorism laws to apply to those who incite violence on the
basis of race, religion, ethnic origin, and political opinion; and
extends the expiration period of regulations proscribing a terrorist
organization from two to three years. It became law on November 24.
Some of these provisions took effect in November and some in December.
The Parliamentary Joint Committee on Law Enforcement Bill 2010,
passed on November 15 and enacted into law on November 24, created
parliamentary oversight of both the Australian Federal Police
Commission and the Australian Crime Commission.
A separate provision of law permits the attorney general to grant
the Australian Security Intelligence Organization (ASIO) authority to
detain a person for a continuous period of up to 168 hours in special
circumstances, such as ``reasonable grounds for believing that issuing
the warrant to be requested will substantially assist the collection of
intelligence that is important in relation to a terrorism offence.''
However, ASIO has not used this authority.
The law permits a judge to authorize ``control orders'' on
individuals suspected of involvement with terrorism-related activities.
These orders may include a range of measures, such as monitoring of
suspects and house arrest, and may be in effect for up to a year
without the filing of criminal charges. If a control order is still
warranted after one year, a new court order must be sought.
In March Parliament passed the Independent National Security
Legislation Monitor Bill, which provides for the appointment of an
independent monitor to help ensure that counterterrorism laws strike an
appropriate balance between protecting the community and protecting
human rights. The Government had not appointed a monitor by year's end.
Bail generally is available to persons facing criminal charges
unless the person is considered to be a flight risk or is charged with
an offense carrying a penalty of 12 months' imprisonment or more.
Attorneys and families were granted prompt access to detainees.
Government-provided attorneys are available to provide legal advice to
detainees who cannot afford counsel.

e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.

Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right. In the
state district and county courts and the state and territorial supreme
courts, there generally are a judge and jury for serious offenses. The
judge conducts the trial, and the jury decides on the facts and the
verdict. Defendants have the right to an attorney, and government-
funded attorneys are available to low-income persons. The defendant's
attorney can question witnesses, present evidence on the defendant's
behalf, and access relevant government-held evidence. Defendants enjoy
the presumption of innocence and have the right to appeal the court's
decision or the sentence imposed. The law extends these rights to all
citizens.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. There is also an
administrative process at the state and federal levels to seek redress
for alleged wrongs by government departments. Generally, administrative
tribunals may only review a government decision if the decision is in a
category specified under a law, regulation, or other legislative
instrument as subject to a tribunal's review.

a. Freedom of Speech and Press.--Although the constitution does not
explicitly provide for freedom of speech or of the press, the High
Court has held that a right to freedom of expression is implied in the
constitution, and the Government generally respected these rights in
practice. An independent press, an effective judiciary, and a
functioning democratic political system combined to ensure freedom of
speech and of the press.

Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government routinely monitored e-
mail or Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail. Internet
access was widely available to and used by citizens. In June 2009 the
ABS estimated that 72 percent of households had Internet access.
Law enforcement agencies require a warrant to intercept
telecommunications, including Internet communications. In emergency
situations the director general of the Australia Security Intelligence
Organization may issue a warrant for this purpose without prior
judicial authorization, but the attorney general must be informed.
The Australian Communications and Media Authority (ACMA) maintains
a list of so-called ``refused classification'' Web site content,
primarily pertaining to child pornography, sexual violence, and other
activities illegal in the country, compiled as a result of a consumer
complaints process. ACMA may issue a notice to the provider to remove
domestically hosted ``refused classification'' material, or links to
such material, that is the subject of such a complaint if an
investigation concludes the complaint is justified. The list is made
available to providers of filtering software.
On July 9, the Government announced suspension of plans to
introduce mandatory Internet filtering, in order to review what should
constitute ``refused classification'' material. However, three major
telecommunications providers agreed to block voluntarily Web sites
containing child pornography. Anticensorship groups had criticized the
Government's mandatory filtering plan.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--While the rights
of peaceful assembly and association are not codified in law, the
Government generally respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees. In law and
practice, the Government provided protection against the expulsion or
return of refugees to countries where their lives or freedom would be
threatened on account of their race, religion, nationality, membership
in a particular social group, or political opinion. The Government
funded refugee resettlement services, such as language and employment
programs.
Unauthorized arrivals seeking asylum are processed at the Christmas
Island Detention Center, located off the country's northwest coast.
Under a policy in effect since 2008, following health, identity, and
security checks, unauthorized arrivals are to remain in immigration
detention while their applications are being processed only if it is
determined that they pose a threat to the community. However, the
Australian Human Rights and Equal Opportunity Commission (HREOC)
reported that in practice a ``shortage of community-based accommodation
appears to be preventing the release of some detainees from closed
detention facilities into community detention.'' The HREOC also called
for the end of the ``two-tiered'' system for unauthorized arrivals,
whereby those who are intercepted on the mainland have more legal
rights than those who arrive in a so-called ``excised'' offshore
location (for example, Christmas Island). Human rights groups also
criticized this system as discriminatory. On November 11, the High
Court ruled, in a case brought by two asylum seekers held offshore,
that the two were denied ``procedural fairness'' in the processing of
their applications, and that all refugee-status assessments, regardless
of the place or manner of the asylum seeker's arrival, are subject to
the provisions of the Migration Act and the decisions of the country's
courts, in the context of procedural fairness.
The Department of Immigration and Citizenship provided immigration
advice and assistance to persons making an initial asylum claim or
application for lawful residence. There is also a statutory obligation
to facilitate access to legal representation for persons in immigration
detention.
The Christmas Island Detention Center remained at or near capacity
throughout the year; some asylum seekers were transferred to detention
centers on the mainland due to the lack of adequate capacity at the
Christmas Island center. As of October 22, there were 3,781 persons in
immigration detention centers, including 1,754 detained on the mainland
and 2,027 detained on Christmas Island. As of October 22, there were
772 children (aged under 18 years) in immigration detention. Of these,
11 were detained in the community under residence determinations, 654
were in alternative temporary detention in the community, 47 were in
immigration residential housing, and 60 were in immigration transit
accommodation. On October 18, the Government announced it would move
hundreds of children and vulnerable families out of immigration
detention facilities and into community-based accommodation by June
2011. By year's end it had begun to do so.
On September 1, 92 Afghan asylum seekers, many of whom had had
their initial asylum claims denied, scaled the perimeter fence of the
immigration detention center in Darwin and staged a peaceful protest
outside the center seeking support for their claims. Police took the
protesters into custody without incident, and four were hospitalized:
two for heat exhaustion, one for chest pains, and one for a preexisting
injury.
In September protests also occurred at the Villawood Detention
Center in Sydney following the September 20 suicide of a Fijian
detainee whose asylum claim had been denied. Two separate groups of
protesters climbed onto the center's roof; both incidents were resolved
peacefully. Protests broke out at the center again after an Iraqi
detainee committed suicide on November 17. Several detainees climbed
onto the center's roof, and some detainees set fires in the facility.
These incidents also were resolved peacefully. In addition, groups of
detainees at the Villawood and Christmas Island Detention Centers
reportedly went on hunger strikes. Authorities opened investigations
into both suicide cases. On December 8, a British detainee who had
violated his visa conditions and was awaiting deportation was found
dead at Villawood. That death also was ruled a suicide and was under
investigation at year's end.
In September five men went on trial in Perth charged with rioting
and weapons offenses allegedly committed during a violent incident at
the Christmas Island Detention Center in November 2009 between groups
of Afghan and Sri Lankan asylum seekers. The groups assaulted each
other with tree branches, pool cues, and broom handles. On November 4,
two of the men were found guilty and given six-month suspended jail
sentences. Charges against the other three men were dropped.
Delays in processing asylum applications became a problem during
the year, especially among a small number of asylum seekers who
remained in long-term detention despite having exhausted the appeal
process. They could not be returned to their home country, because they
lacked travel documents or could not obtain necessary transit visas.
The Commonwealth ombudsman reviews all cases of persons in detention
for two years or more. As of October 22, there were 19 persons in
immigration detention longer than two years.
Detention facilities were monitored by Parliament, the ombudsman,
the UNHCR, and an advisory group comprising experts in immigration and
humanitarian issues.
In response to a growing number of asylum seekers arriving by boat,
the Government announced in April that the processing of new asylum
applications for persons from Sri Lanka and Afghanistan would be
suspended immediately for three and six months, respectively. In July
the Government announced it would resume processing of applications
from Sri Lanka, citing new UN guidelines pointing to an ``improved
human rights and security situation in Sri Lanka.'' In August the UN
Committee on the Elimination of Racial Discrimination released its
Concluding Observations of the Committee on the Elimination of Racial
Discrimination for Australia. It expressed concerns with the two-tier
processing arrangements for unauthorized arrivals and recommended
lifting the suspension of processing of Afghan asylum seekers. In
September the Government resumed processing of Afghan asylum seekers.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage and
mandatory voting.

Elections and Political Participation.--In federal elections held
August 21, the incumbent Australian Labor Party (ALP) government won 72
seats in the 150-seat lower house of Parliament; the opposition
Liberal-National Party coalition won 73; and others won five. The ALP
formed a new government with the support of one Greens Party and three
independent MPs. Political parties operated without restriction or
outside interference.
There are no legal impediments to public office for women or
indigenous persons. Following the August elections, there were 64 women
in the 226-seat federal Parliament (37 in the House of Representatives
and 27 in the Senate). There were four female ministers in the 20-
member federal cabinet, two women among the 10 ministers outside the
cabinet, and six women among the 12 parliamentary secretaries. There
were two women among the eight premiers and chief ministers of the six
states and two territories. The prime minister and the governor-general
were women, and there were three female judges on the seven-member High
Court.
Indigenous persons generally were underrepresented among the
political leadership. On August 21, an indigenous person was elected to
the federal House of Representatives for the first time. There were no
indigenous federal senators. There was one indigenous citizen in the
Tasmania State parliament, one in the New South Wales State parliament,
two in the Western Australia State parliament, and five in the Northern
Territory legislative assembly. There was one Asian-Australian in the
federal cabinet.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented these provisions effectively.
There were isolated reports of government corruption.
On December 16, a former Queensland State government minister,
Gordon Nuttall, was sentenced to an additional five years' imprisonment
for corruptly arranging government contracts for his friends. Nuttall
previously was sentenced to a seven-year prison term for receiving
illegal payments from businessmen.
Queensland, Western Australia, and New South Wales states have
independent anticorruption bodies that investigate alleged government
corruption, and every jurisdiction has an ombudsman who investigates
and makes recommendations in response to complaints about government
decisions. Public officials are subject to financial disclosure laws.
Federal, state, and territorial governments have freedom of
information laws that provide the public with access to government
information, subject to both an application and a processing fee.
Government information may be exempted from disclosure to protect
essential public interests or the private or business affairs of
others. An applicant, including foreign media, may appeal a government
decision to deny a request for information to the quasi-legal
Administrative Appeals Tribunal, an executive body that reviews
administrative decisions by government entities. An adverse
Administrative Appeals Tribunal decision may be appealed to the Federal
Court of Australia.
On May 31, the 2010 Australian Information Commissioner Act and
Freedom of Information Amendment (Reform) Act came into effect. The
former established a freedom of information commissioner, appointed on
November 1, to promote and protect information rights. The latter
established a framework for release of government information that
included abolition of the federal government's freedom of information
application fees and reduction of the period for gaining access to most
Commonwealth records from 30 to 20 years.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
often were cooperative and responsive to their views.
The HREOC, which was adequately funded by the federal government,
investigates complaints of discrimination or breaches of human rights
under the federal laws that implement the country's human rights treaty
obligations. It enjoyed a high level of public trust, and its reports
were deemed credible and reported widely by the media and
nongovernmental organizations (NGOs). On October 29, the HREOC released
a report on the Christmas Island immigration detention center (see
section 2.d.), which recommended that the Government stop holding
detainees on the island and end the processing of unauthorized asylum
seekers outside the provisions of the Migration Act. The Government did
not take up these recommendations.
In addition to the HREOC at the federal level, each state and
territory has a human rights ombudsman.
In April the Government released Australia's Human Rights
Framework, its response to the September 2009 recommendations of the
National Human Rights Consultation Committee established in 2008 to
review how better to protect human rights in the country. As part of
this framework, the Government committed to establishing a new
Parliamentary Joint Committee on Human Rights; requiring that each new
bill be accompanied by a statement of compatibility with international
human rights obligations; combining federal antidiscrimination laws
into a single act to make the system more user-friendly; and creating
an annual NGO Human Rights Forum. However, the Government did not take
up the commission's recommendation for introduction of a federal human
rights act (bill of rights).
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Federal laws prohibit discrimination based on sex, disability,
race, color, descent or national or ethnic origin, marital status, or
age. An independent judiciary and a network of federal, state, and
territorial equal opportunity offices effectively enforced the law.

Women.--The law criminalizes rape, including spousal rape, and the
Government enforced the law effectively when cases were reported to the
authorities. Penalties for rape are prescribed in the laws of the
individual states and territories.
The law prohibits violence against women, including domestic abuse,
and the Government enforced the law. Nonetheless, violence against
women remained a problem, particularly in indigenous communities.
According to the ABS, approximately one in three women experienced
physical violence during their lives, and almost one in five
experienced sexual violence. Aboriginal women were 40 times more likely
to be victims of family violence, compared with other women. Domestic
violence was believed to be widely underreported in indigenous
communities; among reasons cited for this were cultural factors and the
isolation of many indigenous communities. The federal and state
governments funded programs to combat domestic violence and support
victims, including the funding of numerous women's shelters. Police
were trained in responding to domestic violence.
The law prohibits sexual harassment. Complaints of such harassment
can give rise to criminal proceedings or disciplinary action against
the subject of the complaint and to compensation claims by the
plaintiff.
Couples and individuals have the right to decide freely and
responsibly the number, spacing, and timing of their children. State
and territorial governments provided comprehensive sex education and
sexual health and family planning services. Women had access to
contraception and skilled medical care, including essential prenatal,
obstetric, and postpartum care, and women and men had equal access to
diagnosis and treatment for sexually transmitted infections, including
HIV. According to indicators published by the Population Research
Bureau, an estimated 85 percent of married women aged 15-49 used some
form of contraception, and 75 percent used modern contraceptive
methods. Indigenous persons in isolated communities had more difficulty
accessing such services than the population as a whole. Cultural
factors and language barriers also inhibited use of sexual health and
family planning services by indigenous persons, and rates of sexually
transmitted diseases and teenage pregnancy among the indigenous
population were higher than among the general population. According to
a UN report on Trends in Maternal Mortality, 1990-2008, the country's
estimated maternal mortality ratio was eight deaths per 100,000 live
births.
The independent federal sex discrimination commissioner, who is
part of the HREOC, undertakes research, policy, and educational work
designed to eliminate discrimination between men and women. There is a
federal Office for Women, which focuses on reducing violence against
women, promoting women's economic security, and enhancing the status of
women.
The HREOC received 532 complaints alleging 968 grounds of
discrimination under the Sex Discrimination Act from July 2009 through
June 2010. Of these, 21 percent alleged discrimination based on
pregnancy, and 21 percent alleged sexual harassment. The commission
resolved 568 complaints during the period, 275 by conciliation.
Women have equal status under the law, and the law provides for pay
equity. According to the ABS, the pay gap between male and female full-
time workers was 11 percent. The law requires organizations with 100 or
more employees to establish a workplace program to remove barriers to
women entering and advancing in their organization.
There were highly organized and effective private and public
women's rights organizations at the federal, state, and local levels.
In August the UN Committee on the Elimination of Discrimination
against Women released its Concluding Observations of the Committee on
the Elimination of Discrimination against Women for Australia, which
praised the Government's approach in several areas. It also pointed to
the disadvantaged status of indigenous women, urged the Government to
pursue proposed reforms to the Sex Discrimination Act, and expressed
concern at the persistence of violence against women.

Children.--Citizenship is not derived by birth in the country.
Children are citizens if at least one parent was a citizen or permanent
resident at the time of the child's birth. Children born in the country
to parents who are not citizens or permanent residents acquire
citizenship on their tenth birthday if they have lived most of their
life in the country.
State and territorial child protection agencies investigate and
institute prosecutions of persons for child neglect or abuse. All
states and territories have laws or guidelines that require members of
certain designated professions to report suspected child abuse or
neglect. The federal government's role in child abuse prevention is
limited to funding research, carrying out education campaigns,
developing an action plan against the commercial exploitation of
children, and funding community-based parenting programs.
According to the Australian Institute of Health and Welfare, there
were 31,300 substantiated cases of child abuse and neglect from July
2009 to June 2010. These included physical abuse, sexual abuse,
emotional abuse, and neglect.
There were reports of female genital mutilation performed on
children in Muslim communities despite a law prohibiting the procedure.
Hospitals conducted outreach on this matter.
There were some cases of children under age 18 engaged in
prostitution. Some teenagers--primarily girls, but also some boys--were
forced into prostitution by pimps. The law provides for penalties of up
to 25 years' imprisonment for commercial sexual exploitation of
children.
The law prohibits child sex tourism and related offenses for the
country's residents and citizens overseas and provides for a maximum
sentence of 17 years' imprisonment upon conviction. The act prohibits
citizens and residents from engaging in, facilitating, or benefiting
from sexual activity with children under 16 years old overseas. During
the year the Government continued its awareness campaign to deter child
sex tourism through the distribution of materials to citizens and
residents traveling overseas.
The legal age for consensual sex is 16 in the Australian Capital
Territory, New South Wales, the Northern Territory, Victoria, and
Western Australia, and 17 in Tasmania and South Australia. In
Queensland the age of consent for anal sex is 18, while the age of
consent for all other sexual behavior is 16. Maximum penalties for
violations vary across jurisdictions. Defenses include reasonable
grounds for believing that the alleged victim was above the legal age
of consent and situations in which the two persons are close in age.
The Government has enacted laws aimed at restricting the trade in,
and possession of, child pornography; the law allows suspected
pedophiles to be tried in the country regardless of where the crime is
committed. All states and territories criminalize the possession,
production, and distribution of child pornography. Maximum penalties
for these offenses range from four to 21 years' imprisonment. Federal
laws criminalize using a ``carriage service'' (for example, the
Internet) for the purpose of possessing, producing, and supplying child
pornography. The maximum penalty for these offenses is 10 years'
imprisonment and/or a fine of A$275,000 (approximately $275,000). The
Australian Federal Police worked with its international partners to
identify and charge persons involved in the online exploitation of
children, and the Government increased the number of staff dedicated to
online child protection.
The Government largely continued federal emergency intervention
measures initiated by a previous government to combat child sexual
abuse in 73 Northern Territory Aboriginal communities. The measures
were taken following a 2007 government report documenting widespread
instances of such abuse. These measures included emergency bans on
alcohol and pornography sales, restrictions on the payment of welfare
benefits in cash, linkage of support payments to school attendance, and
medical examinations for all Northern Territory indigenous children
under age 16. While public reaction to the intervention remained
generally positive, some Aboriginal activists asserted that there was
inadequate consultation and that the measures were racially
discriminatory since nonindigenous persons were not subject to such
restrictions. The UN special rapporteur on the situation of human
rights and fundamental freedoms of indigenous people, who toured
Northern Territory indigenous communities in August 2009, echoed these
concerns in a report released in February. Effective July 1, the
Government extended restrictions on cash welfare payments to
nonindigenous recipients in the Northern Territory.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport--4308.html.

Anti-Semitism.--According to the 2006 census, the country's Jewish
community numbered 88,832 persons. Civil-society organizations
estimated the number in 2010 to be 120,000. In the 12-month period
ending September 30, an annual report on anti-Semitism by the Executive
Council of Australian Jewry, an NGO, recorded 394 anti-Semitic
incidents, compared with 962 during the previous 12 months. The report
noted that although there was a ``dramatic decrease'' in the total
number of incidents reported, incidents involving harassment of Jewish
persons on their way to or from a synagogue increased. Among the ``most
disturbing'' incidents listed in the report were an assault on an
Orthodox man on a train in Melbourne, the assault of synagogue staff in
Sydney by a man who was later arrested and charged, and vandalism to
synagogue buildings in Sydney and Melbourne.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, or mental
disabilities in employment; education; access to premises; provision of
goods, services (including health services), and facilities;
accommodation; purchase of land; activities of clubs and associations;
sport; and the administration of federal laws and programs. The
Government effectively enforced the law.
The disability discrimination commissioner, who is part of the
HREOC, promotes compliance with federal laws that prohibit
discrimination against persons with disabilities. The commissioner also
promotes implementation and enforcement of state laws that require
equal access to buildings and otherwise protect the rights of persons
with disabilities, including ensuring equal access to communications
and information. The law also provides for mediation by the HREOC of
discrimination complaints, authorizes fines against violators, and
awards damages to victims of discrimination.
The HREOC's July 2009 to June 2010 annual report stated that 1,057
complaints citing 2,354 alleged grounds of discrimination were filed
under the Disability Discrimination Act during that period. Of these,
36 percent were employment related, and 37 percent involved the
provision of goods and services. The HREOC resolved 978 complaints
during the period, 486 of them through conciliation.

National/Racial/Ethnic Minorities.--According to the HREOC's July
2009 to June 2010 annual report, it received 550 complaints under the
Racial Discrimination Act, citing 922 alleged grounds of
discrimination. Of these, 44 percent involved employment, 18 percent
involved provision of goods and services, and 19 percent alleged
``racial hatred.'' Persons born outside the country filed 38 percent of
the complaints, and Aboriginals and Torres Strait Islanders filed 39
percent. During this period 524 complaints were resolved, 245 through
conciliation.
In August the UN Committee on the Elimination of Racial
Discrimination released its Concluding Observations of the Committee on
the Elimination of Racial Discrimination for Australia. It expressed
concern at the absence of protection against racial discrimination in
the constitution and racially motivated assaults of Indian students in
the state of Victoria.

Indigenous People.--According to the 2006 census, Aboriginals and
Torres Strait Islanders numbered approximately 517,200 persons,
approximately 2.5 percent of the total population.
Indigenous ownership of land is predominately in non-urban areas;
the land was previously government owned. The 1976 Federal Aboriginal
Land Rights (Northern Territory) Act transferred almost 50 percent of
the land in the Northern Territory to indigenous ownership. The
National Native Title Tribunal resolves native land title applications
through mediation and acts as an arbitrator in cases where the parties
cannot reach agreement about proposed mining or other development of
land. In 2002 the High Court ruled that native title rights do not
extend to mineral or petroleum resources and that, in cases where
leaseholder rights and native title rights are in conflict, leaseholder
rights prevail but do not extinguish native title rights. At year's end
the Western Australia State government was continuing its efforts to
negotiate a native title agreement with the Nyoogar people.
The A$1.7 billion (approximately $1.7 billion) Indigenous Land
Corporation is a special account that provides a continuing source of
funds for indigenous persons to purchase land for their use. It is
separate from the National Native Title Tribunal and is not for payment
of compensation to indigenous persons for loss of land or to
titleholders for return of land to indigenous persons.
As part of the intervention to address child sexual abuse in
Northern Territory indigenous communities (see section 6, Children),
the Government took control of certain indigenous communities through
five-year land leases. During the year Amnesty International raised
concerns about reported delays in government payment of rent to the
communities for those leases. As of May the Government stated it had
made payments to 45 out of 64 communities; it stated it would pay rent
to the Aboriginal corporations that hold the land titles in the
remaining communities once they provided certain financial account
information. In 2009 the Government warned it would permanently acquire
some townships in Alice Springs unless the townships relinquished
control of services and signed 40-year leases with the Government; the
leases subsequently were signed. (These townships are not Aboriginal
land but special-purpose leases granted to local indigenous
associations by the Northern Territory government.)
The Government expressed a commitment to ``closing the gap'' on
indigenous disadvantage, and since 2008 the prime minister has reported
to Parliament on this at the beginning of each year. In July 2009 the
Productivity Commission reported improvements among the indigenous
population in key indicators, such as income, employment, home
ownership, infant mortality, and completion of secondary school.
However, significant gaps remained between indigenous and nonindigenous
citizens in these and other key areas. According to the ABS, during the
year indigenous adults were 14 times as likely as nonindigenous adults
to be imprisoned and comprised 26 percent of the prison population.
According to the Australian Institute of Health and Welfare, life
expectancy for indigenous persons was 67 years for men and 73 for
women, compared with 77 and 82 respectively for the nonindigenous.
In March the UN special rapporteur on indigenous issues reported on
the human rights of indigenous persons following an 11-day visit in
August 2009, which included a meeting with the indigenous affairs
minister. While praising efforts to address indigenous disadvantage and
moves to establish a national indigenous representative body, the
report asserted that some aspects of the Northern Territory
intervention were incompatible with the country's international
obligations and urged the Government to make the intervention compliant
with the Racial Discrimination Act. In June Parliament passed
legislation restoring the Racial Discrimination Act--suspended in the
Northern Territory in August 2007 in connection with the intervention--
effective in December.
In August the UN Committee on the Elimination of Racial
Discrimination, in its Concluding Observations of the Committee on the
Elimination of Racial Discrimination for Australia, welcomed the
Government's February 2008 national apology to indigenous people, its
support for the UN Declaration on the Rights of Indigenous Peoples, and
its commitment to ``close the gap'' in regard to indigenous
disadvantage. It encouraged the country to increase funding for
indigenous legal aid, and expressed concern at indigenous deaths in
custody and the absence of ``appropriate compensation payment schemes''
for those forcibly removed from their parents in the past (known as the
``stolen generations'').
On May 2, a new national representative body for Aboriginals and
Torres Strait Islanders, the National Congress of Australia's First
Peoples, was formally established.
The HREOC has an Aboriginal and Torres Strait Islander social
justice commissioner.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--In 2008 and 2009, the
Government amended 84 laws to eliminate discrimination against same-sex
couples and their children in a wide range of areas, including taxes,
child support, immigration, pensions, and social security.
Gay pride marches took place in major cities during the year; such
marches were authorized by the Government, and police provided
sufficient protection to participants.
In August a man was charged with assault occasioning bodily harm in
relation to an attack on a gay rights activist in Sydney. The victim
stated that the accused had made violent homophobic comments toward
him. The case was pending at year's end. On December 10, three
teenagers were sentenced to prison terms for the January assault of a
gay couple in the Queensland town of Maryborough.
The HREOC received 19 complaints of employment discrimination based
on sexual orientation from July 2009 through June 2010.

Other Societal Violence or Discrimination.--Federal and various
state laws prohibit discrimination on the grounds of HIV-positive
status. The HREOC reviews complaints of discrimination on the grounds
of HIV/AIDS status under the category of disability-related complaints,
but a specific breakdown of HIV/AIDS-related cases was not available.
There were no reports of violence against persons based on HIV/AIDS
status.
Section 7. Worker Rights

a. The Right of Association.--The law provides workers, including
public servants, the right of association domestically and
internationally and protection against antiunion discrimination, and
workers exercised these rights in practice. An ABS survey released in
May indicated that in 2009 union membership was 20 percent of the total
workforce and 14 percent of the private-sector workforce--virtually
identical to 2008 percentages. The ABS estimated union membership in
the agricultural sector at 4 percent. Union membership was estimated at
46 percent in the public sector, 13 percent in retail, 22 percent in
mining, 25 percent in manufacturing, and 20 percent in construction.
Unions carried out their functions free from government or political
control. Almost all unions were affiliated with the Australian Council
of Trade Unions (ACTU).
In March 2009 Parliament passed the Fair Work Act, the major
component of the Government's workplace reforms, which replaced the
Workplace Relations Act (WRA) as the country's basic labor law for
private-sector workers. The Fair Work Act became fully effective in
2010.
Under the law workers are free to join or decline to join
industrial associations, and discrimination against individuals for
membership or nonmembership in a union is prohibited. In New South
Wales (NSW), registration of a union may be cancelled in case of a
strike having a substantially adverse effect on public service or
defying an order of the NSW Industrial Relations Commission.
Nationally, employers and other unions have the right to challenge
changes to union ``eligibility rules,'' which essentially outline the
types of employees the union may represent.
Unions and the International Confederation of Trade Unions
continued to claim that the Australian Building and Construction
Commission (ABCC), which has special powers to investigate industrial
activity in that sector, discriminated against unions. The ABCC has the
authority to interview individual workers privately in connection with
its investigations, and workers may be prosecuted for refusing to
comply; penalties range from a fine of up to A$22,000 (approximately
$22,000) to a prison term of up to six months. On November 24, union
member Ark Tribe was found not guilty of failing to attend an ABCC
interview in 2008.
The law provides for the right to strike but confines strikes to
the period when unions are negotiating a new enterprise agreement and
specifies that strikes must concern matters under negotiation. This is
known as ``protected action.'' Protected action provides employers,
employees, and unions with legal immunity from claims of losses
incurred by industrial action. The law subjects strikers to penalties
for taking industrial action during the life of an agreement and
contains secondary-boycott provisions. Industrial action must be
authorized by a secret ballot of employees; unions complained that this
requirement was unduly time consuming and expensive to implement. The
law permits the Government to stop strikes if they are judged to have
an ``adverse effect'' on the employer or damage third parties, but this
provision was not used during the year. Strikes in essential services--
such as law enforcement, air-traffic control, and sanitation--are
regulated by federal and state laws.
According to the ABS, during the 12-month period ending in
September, 221 industrial disputes began, 19 more than during the
previous 12 months. (Industrial disputes include both strikes and
employer-initiated work stoppages, such as lockouts.) During the same
period, total workdays lost due to industrial disputes rose from
119,100 to 144,100.

b. The Right to Organize and Bargain Collectively.--Federal, state,
and territorial laws provide workers with the right to organize and
bargain collectively, and workers exercised this right in practice.
Under the WRA, negotiation of contracts covering wages and working
conditions shifted further from a centralized awards system to
enterprise-level agreements certified by the Australian Industrial
Relations Commission. The WRA also provided for the negotiation of
Australian Workplace Agreements (AWAs) between employers and individual
workers, which were subject to fewer government regulations than awards
or enterprise bargaining agreements. Transitional amendments to the WRA
in 2008 abolished the signing of new AWAs and established a new ``no
disadvantage'' test for future workplace agreements designed to ensure
that they contain basic worker protections. Existing AWAs may continue
until their expiration. In addition the 2008 law directed the
Australian Industrial Relations Committee to create a national safety
net of minimum employment standards and industrial awards, which came
into effect in 2010.
The Fair Work Act requires employers to act in ``good faith'' when
a majority of employees want a collective agreement; gives unions
greater ability to access worksites; enables low-paid workers to engage
in multi-employer ``good faith bargaining''; reduces the list of
``prohibited content'' issues that may not be included in a collective
agreement; and gives stronger intervention powers to a new independent
industrial relations umpire, Fair Work Australia, which assumed the
functions of the Australia Industrial Relations Commission and other
workplace bodies during the year. In July 2009 new provisions took
effect providing unfair dismissal rights--previously removed for those
in businesses with 100 or fewer employees under 2005 amendments to the
WRA known as WorkChoices--to employees in all businesses. To be
eligible an employee must have served with the employer at least six
months (one year in the case of an employer with fewer than 15
employees).
Under the Fair Work Act, union officials have the right to enter
workplaces if they hold right-of-entry permits granted by Fair Work
Australia. Written notice is generally required to enter a workplace
and should be provided no less than 24 hours and no more than 14 days
before the proposed visit. A permit holder may enter premises to hold
discussions with one or more employees. Eligibility to enter premises
is not dependent on whether a union is party to an award or enterprise
agreement, but rather on whether a union covers the work of a
particular employee.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law explicitly
prohibits forced or compulsory labor; however, trafficking in persons
was a limited problem.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
There is no federally mandated minimum age of employment, but state-
imposed compulsory educational requirements, enforced by state
educational authorities, effectively prevented most children from
joining the work force full time until they were 15 or 16 years of age.
Federal, state, and territorial governments monitored and enforced a
network of laws, which varied among jurisdictions, governing the
minimum ages for leaving school, claiming unemployment benefits, and
engaging in specified occupations. The ACTU also monitored adherence to
these laws.

e. Acceptable Conditions of Work.--Although a formal minimum wage
exists, most workers received higher wages through enterprise
agreements or individual contracts. There are above-minimum wage
classifications for individual trades and professions. On June 29, Fair
Work Australia, which determines minimum wage increases, increased the
federal minimum award wage from A$543.78 (approximately $544) per week
to A$569.90 (approximately $570), which provided a decent standard of
living for a worker and family. The law makes casual and part-time
workers, contractors, and the self-employed eligible for payment of up
to 18 weeks of the national minimum wage. In June Parliament passed
legislation establishing a taxpayer-funded, paid parental leave
benefit, to go into effect in January 2011.
The Fair Work Ombudsman provides employers and employees advice
about their rights and has authority to investigate employers alleged
to have exploited employees unlawfully.
Under the Fair Work Act, maximum weekly hours are 38 plus
``reasonable'' additional hours. Industry standards or awards mandate
rest periods and pay for overtime.
Over the past two decades, there has been a substantial increase in
the percentage of the workforce regarded as temporary workers. The ABS
reported that, as of July, approximately 3.37 million persons (30
percent of the workforce) were employed as ``part-time'' workers, of
whom 70 percent were women. Federal or state occupational health and
safety laws apply to every workplace. Federal and state laws provide
employees with the right to cease work without endangering their future
employment if they believe that particular work activities pose an
immediate threat to individual health or safety. Workers exercised
these rights in practice and have recourse to state health and safety
commissions, which investigate complaints and order remedial action.
Labor law protects citizens, permanent residents, and migrant
workers. Migrant worker visas require that employers respect these
protections and provide bonds to cover health insurance, worker's
compensation insurance, unemployment insurance, and other benefits.
There were some complaints, although to a lesser extent than in
previous years, that some individuals on so-called ``457'' employer-
sponsored, skilled-worker visas were being underpaid and used as a less
expensive substitute for Australian workers. During 2009, in response
to such complaints, the Government tightened eligibility requirements
for ``457'' visas, including increasing minimum salary levels to
``market rates'' and increasing English-language requirements. There
were no reports of worker rights abuses in the country's three
inhabited dependent territories of Christmas Island, Cocos (Keeling)
Island, and Norfolk Island.

__________

BURNEI DARUSSALAM

Brunei Darussalam is a sultanate ruled by the same family for more
than 600 years, and it has a population of approximately 428,000.
Sultan Haji Hassanal Bolkiah governed under emergency powers that place
few limits on his power. The Legislative Council, made up of appointed,
indirectly elected, and ex-officio members, with a limited role in
recommending and approving legislation, met during the year. Security
forces reported to the sultan.
The following human rights problems were reported: inability of
citizens to change their government; limits on freedom of speech,
press, assembly, and association; restrictions on religious freedom;
discrimination against women; trafficking in persons; restricted labor
rights; and exploitation of foreign workers.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits mistreatment of prisoners, and there
were no reports of such mistreatment. Caning is mandatory for 42
criminal offenses, and as of October official statistics reported 53
persons caned, most commonly for drug-related offenses and immigration
violations. Canings were carried out in the presence of a doctor, who
had the authority to interrupt the punishment for medical reasons.
At year's end the trial continued of four police officers accused
in January 2009 of ``culpable homicide not amounting to murder and
voluntarily causing grievous harm'' to Abdul Rahim Abdullah Tan, who
died in police custody.

Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards. There were 374
convicted persons and 22 persons awaiting trial. Jerudong Prison holds
``serious offenders,'' and, separately, approximately 40 female
prisoners. Juveniles are not subject to imprisonment.
Approximately 30 percent of the inmate population consisted of
foreigners of various religions. Inmates were permitted to practice
their religions. A government-appointed committee composed of retired
government officials monitored prison conditions and investigated
complaints of inhumane conditions.
During the year there were no reports that human rights monitors
requested prison visits; foreign diplomats had consular access to
detained nationals. Family members were permitted to visit prisoners
and bring food.
The prison has an ombudsmen system in place. ``Visiting justices,''
ranging from prominent businessmen and community leaders to
representatives of public institutions, visited prisons once a month.

d. Arbitrary Arrest or Detention.--The law provides for prompt
judicial determination regarding the validity of an arrest, and in
practice the Government generally observed this provision; however, it
could be superseded through the invocation of emergency powers.

Role of the Police and Security Apparatus.--The police force and
Internal Security Department (ISD) are under the direct control of the
Prime Minister's Office. Civilian authorities maintained effective
control over the police force and ISD, and the Government has effective
mechanisms to investigate and punish abuse and corruption. There were
no reports of impunity involving the security forces during the year.

Arrest Procedures and Treatment While in Detention.--A magistrate
must endorse a warrant for arrest, except when police are unable to
obtain an endorsement in time to prevent the flight of a suspect.
Police officers have broad powers to make arrests without warrants of
persons caught in the act of committing a crime. After arrest police
may detain a suspect up to 48 hours before bringing the individual
before a magistrate. There were no reports that persons were detained
without a hearing.
The Internal Security Act (ISA) permits the Government to detain
suspects without trial for renewable two-year periods. The Government
regularly convenes an independent advisory board consisting of
executive and judicial branch officials to review individual ISA
detentions and recommend whether they should be renewed for an
additional two years.
According to reports, detainees were promptly informed of the
charges against them. Information on detainees was made public only
after their release.
The criminal procedure code allows for bail except in cases
indicated as ``discretionary'' by law. Detainees generally had prompt
access to lawyers and family visitations; however, police may deny
access in exceptional cases, such as probable cause to suspect witness
tampering. There is no legal provision to provide affordable legal
counsel for poor defendants, except in capital cases. In noncapital
cases indigent defendants may act as their own lawyers in court.

e. Denial of Fair Public Trial.--The law does not provide
specifically for an independent judiciary, but the courts appeared to
act independently, and there were no known instances of government
interference with the judiciary. All higher-court judges are appointed
by the sultan and serve at his pleasure.

Trial Procedures.--Secular law, based on English common law,
provides all citizens with a fair and efficient judicial process.
Defendants in criminal proceedings are presumed innocent. Most criminal
cases are conducted in public trials by a judge or panel of judges.
Procedural safeguards include the right to defense counsel, an
interpreter, and a speedy trial, as well as the right to confront
accusers and to avoid self-incrimination. Lawyers have access to the
accused once charges are filed through the trial process, but not
during initial questioning. Defendants and their attorneys have access
to government-held evidence relevant to their cases. Defendants have a
right of appeal. ISA detainees were denied the right to legal counsel
and were not presumed to be innocent.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is no specific
provision of law to bring civil suit for human rights violations. In
customary practice individuals may present written complaints about
rights violations to the sultan directly for review. Such complaints
typically were handled privately, and there were no reports of civil
remedies handled in this manner during the year. Individual government
servants who act outside their authority resulting in civil wrongdoing
may be subject to fines or prosecution. Civil courts were generally
unbiased.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law permits government intrusion into the privacy
of individual persons, families, and homes. Sharia (Islamic law)
permits enforcement of khalwat, an Islamic prohibition on the close
proximity of a Muslim and a member of the opposite sex other than a
spouse or close male relative. During the year 51 khalwat cases were
reported.
The Government monitored citizens' private e-mail, cell phone
messaging, and Internet chat room exchanges believed to be subversive.
An informant system was used as part of the Government's internal
security apparatus to monitor suspected dissidents.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--Under the emergency powers, the
Government significantly restricted freedom of speech and of the press.
Members of the Legislative Council are allowed to ``speak their
opinions freely,'' but they are prohibited from using language or
exhibiting behavior deemed ``irresponsible, derogatory, scandalous, or
injurious.''
Under the Sedition Act, it is an offense to challenge in any way
the authority of the sultan or members of the royal family. The act
also makes it an offense to challenge ``the standing or prominence of
the national philosophy, the Malay Muslim Monarchy concept.'' This
ideology permeates the country's life and government administration,
promoting Islam as the state religion and monarchical rule as the sole
acceptable governing system and upholding the rights and privileges of
the Brunei Malay race.
The act provides for prosecution of newspaper publishers,
proprietors, or editors who publish anything allegedly having a
seditious intent. Publication may be suspended for up to one year, and
publishers, printers, or editors can be prohibited from publishing,
writing, or editing any other newspaper. Printing equipment can also be
seized. Persons convicted under the act face fines of up to BN$5,000
(approximately $3,500) and jail terms of up to three years.
The law requires local newspapers to obtain operating licenses and
prior government approval of foreign editorial staff, journalists, and
printers. The law also gives the Government the right to bar
distribution of foreign publications and requires distributors of
foreign publications to obtain a government permit. The law allows the
Government to close a newspaper without giving prior notice or showing
cause. Journalists deemed to have published or written ``false and
malicious'' reports may be subjected to fines or prison sentences.
Foreign newspapers were routinely available, although the
Government must approve their distribution. Internet versions of
foreign media were routinely available.
The Government owned the only television station. Three Malaysian
television stations were also available, along with two satellite
television services. Some content was subject to censorship based on
theme, but such censorship was not consistent.
The country's major newspapers practiced self-censorship. However,
letters to the editor often included comments critical of the
Government's handling of certain social, economic, and environmental
matters. On occasion the Government responded to public opinion on
topics concerning social or environmental problems and the delay of
public services.

Internet Freedom.--According to International Telecommunication
Union statistics for 2009, approximately 81 percent of the country's
inhabitants used the Internet. The Government monitored private e-mail
and Internet chat room exchanges of citizens believed to be subversive.
There was anecdotal information that fear of government surveillance
reduced the number of visitors to Internet forums. The primary Internet
service provider was state owned.

Academic Freedom and Cultural Events.--The Government generally
respected academic freedom; however, some researchers chose to publish
under a pseudonym from overseas when they perceived that subject matter
would not be well received.
A censorship board made up of officials from the Prime Minister's
Office and the Ministries of Home Affairs and Religious Affairs
determines the suitability of concerts, movies, cultural shows, and
other public performances. Religious authorities also review
publications to ensure compliance with social norms.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--Under the emergency powers, the Government significantly
restricted the right to assemble. According to the Societies Order,
public gatherings of 10 or more persons require a government permit,
and police have the authority to stop an unofficial assembly of five or
more persons deemed likely to cause a disturbance of the peace.

Freedom of Association.--The law requires formal groups, including
religious, social, or cultural, to register with the Registrar of
Societies and provide regular reports on membership and finances. The
Government continued to restrict the activities of international
service organizations such as Rotary, Kiwanis, and the Lions, which
developed out of the established business community. Religious
regulations promulgated by the Ministry of Religious Affairs and the
State Mufti's Office prohibited Muslims from joining these
organizations.
The National Development Party maintained that government
restrictions limited the party's growth.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

Protection of Refugees.--The country is not a party to the
Convention relating to the Status of Refugees and its 1967 Protocol.
The country's laws do not provide for the granting of asylum or refugee
status, and the Government has not established a system for providing
protection to refugees. In practice the Government did not provide
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened on account of their
race, religion, nationality, membership in a particular social group,
or political opinion. However, as in past years, there were no such
expulsions or returns during the year.

Stateless Persons.--The law, administered on a case-by-case basis,
allows citizenship to permanent residents who have contributed to the
country's economic growth, to women married to citizens for two years,
to women married to permanent residents for five years, and to children
of permanent resident fathers after the age of two years and six
months. According to unofficial sources, there were approximately
20,000 ``stateless'' persons in the country, including persons born and
raised in the country who were not automatically accorded citizenship
and its attendant rights but were granted permanent resident status.
The births of members of the Dusun and Iban indigenous groups living in
rural areas often were not registered. Coupled with illiteracy, this
made it difficult to issue certificates of identity to such persons.
Government policy mandates that a child of stateless parents born in
the country must apply for a special pass. Individuals who do not have
a certificate of identity or special pass do not enjoy full privileges
of citizenship, do not have the right to own land, and are not entitled
to full subsidized health care or higher education. In July 2009 the
Land Code Strata Act, which allows permanent residents to own unit/s of
multistory property for a maximum of 99 years, came into force. In lieu
of passports, the Government issued certificates of identity to allow
these persons international travel and reentry; foreign visas may be
entered in the certificates.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens do not have the right to change their government
peacefully. The same family has ruled the country for more than 600
years. In 1962 the then sultan invoked an article of the constitution
that allowed him to assume emergency powers for two years. These powers
have been renewed every two years since 1962. The state of emergency
places few limits on the sultan's power. The sultan also serves as
prime minister, minister of defense, minister of finance, chancellor of
the national university, inspector general of the Royal Brunei Police
Force, and head of the Islamic faith.

Elections and Political Participation.--Political authority and
control rested entirely with the sultan. A 29-person legislative
council (LegCo), which has no independent power and was composed
primarily of appointed members, provides a forum for public discussion
of proposed government programs as well as administrative deficiencies.
It convenes once a year. Council members may be disqualified from
service on the basis of various offenses, including disloyalty to the
sultan.
Persons 18 years of age and above may vote by secret ballot in
village consultative council elections, which are based on a
traditional system of village chiefs. Candidates must be Muslim, be
approved by the Government, and be citizens or permanent residents for
more than 15 years. The councils communicate constituent wishes through
a variety of channels, including periodic meetings chaired by the
minister of home affairs. The Government also meets with mukim
(collections of villages) representatives to allow for airing of local
grievances and concerns.
The Brunei National Development Party was the country's only
registered political party. The party pledged to support the sultan and
the Government. Although the party criticized administrative
deficiencies, its few activities received limited publicity, and it was
hindered by membership restrictions.
Individuals sought to express their views or influence government
decisions and policies by posting messages to Internet discussion
boards, writing letters to local newspapers, and petitioning the sultan
or handing him letters when he appeared in public.
On May 29, the sultan appointed the first female cabinet member,
Datin Adina, as deputy minister for culture, youth, and sports. Two
other women held ministerial rank--the sultan's sister, Princess Masna,
ambassador-at-large in the Ministry of Foreign Affairs and Trade; and
Datin Hayati, appointed in August 2009, the first female attorney
general. There were three female permanent secretaries--in the Ministry
of Education, Ministry of Defense, and the Ministry of Foreign Affairs
and Trade. There were no female members appointed in the LegCo.
Ethnic Chinese held one cabinet-level post and two LegCo positions.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented these laws effectively; however,
officials sometimes engaged in corrupt practices with impunity.
In accordance with its zero tolerance policy for corrupt practices,
the Government successfully prosecuted a number of low-level officials.
On February 18, a former government minister accused of corruption in
awarding government projects was sentenced to seven years in prison and
ordered to pay 90 percent of the prosecution costs, which amounted to
approximately $403,000 and restitution to the Government. The total
amount he received in gratuities was BN$4.2 million ($3.2 million). The
former minister's alleged partner was sentenced in absentia to seven
years in prison, and an arrest warrant was issued. If captured, he
would also be liable for 10 percent of the prosecution costs, amounting
to HK$347,000 ($44,700).
The police and the ISD were considered free of major corrupt
practices, although there were reports of petty corruption.
The Anticorruption Bureau, under the purview of the Prime
Minister's Office, reports directly to the sultan.
Government officials were not subject to financial disclosure
reports.
The law provides for public access to government information.
During the year the LegCo approved, and the Government published, a
summary of the budget for the fiscal year. However, the Government
continued to restrict and classify as confidential some information on
the financial dealings of the Government and the royal family. The law
provides that no court can compel any person to give evidence relating
to unpublished government records unless the relevant ministry's
permanent secretary gives consent.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Few civil society organizations dealt directly with human rights. A
nongovernmental organization (NGO) seeking to operate in the country is
required to apply for permission under the Companies Act and provide a
list of members. The Government may suspend the activities of a
registered NGO if it deems such an act in the public interest. In the
past the Consumers' Association of Brunei attempted to address human
rights, but the Government impeded these attempts. However, the
association remained active in building relationships with other NGOs
in the region dealing with consumer protection issues. There were NGOs
that dealt with such issues as assisting victims of domestic violence.
The Government was not known to have interacted with international
human rights NGOs.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law does not contain specific provisions prohibiting
discrimination based on race, sex, disability, language, or social
status.

Women.--The law stipulates imprisonment of up to 30 years and
caning with not fewer than 12 strokes for rape. The law does not
criminalize spousal rape; it explicitly states that sexual intercourse
by a man with his wife, as long as she is not under 13 years of age, is
not rape. Protections against sexual assault by a spouse are provided
under the amended Islamic Family Law Order 2010 and Married Women Act
Order 2010, and the penalty for breaching a protection order is a fine
not exceeding BN$2,000 ($1,538) or imprisonment not exceeding six
months. During the year 23 rape cases were reported; at year's end
police were investigating 11 and had forwarded 10 to the Attorney
General Chambers.
There is no specific domestic violence law, but arrests have been
made in domestic violence cases under the Women and Girls Protection
Act. The police investigate domestic violence only in response to a
report by a victim. The police were generally responsive in the
investigation of such cases. During the year there were a total of 62
cases of spousal dispute abuse reported; at year's end 55 cases were
under investigation, and eight had been forwarded to the Attorney
General Chambers. The criminal penalty for a minor domestic assault is
one to two weeks in jail and a fine. An assault resulting in serious
injury is punishable by caning and a longer prison sentence.
A special unit staffed by female officers existed within the police
department to investigate domestic abuse and child abuse complaints. A
hotline was available for persons to report domestic violence. The
Ministry of Culture, Youth, and Sport's Department of Community
Development provided counseling for women and their spouses. Based on
individual circumstances, some female and minor victims were placed in
protective custody while waiting for their cases to be brought to
court.
Islamic courts staffed by male and female officials offered
counseling to married couples in domestic violence cases. Officials did
not encourage wives to reconcile with flagrantly abusive spouses, and
Islamic courts recognized assault as grounds for divorce.
The law prohibits sexual harassment and stipulates that whoever
assaults or uses criminal force, intending thereby to outrage or
knowing it is likely to outrage the modesty of a person, shall be
punished with imprisonment for as much as five years and caning.
Couples and individuals have the right to decide the number,
spacing, and timing of their children and have access to contraceptive
devices and methods through the Government and private clinics.
According to information gathered by the UN, in 2008 the maternal
mortality rate was an estimated 21 deaths per 100,000 live births.
Citizens enjoy free medical and health care, including skilled
attendance during childbirth, prenatal care, and essential obstetric
and postpartum care. Women had equal access to diagnostic and treatment
facilities for sexually transmitted diseases. Women had equal access to
HIV treatment and counseling, as well as follow-up treatment.
In accordance with the Government's interpretation of Qur'anic
precepts, Muslim women have rights similar to those of Muslim men in
areas such as divorce and child custody. Islamic law requires that
males receive twice the inheritance of women. Civil law permits female
citizens to pass their nationality on to their children and to own
property and other assets, including business properties.
Unlike in previous years, women with permanent positions in the
Government could apply for travel allowances for their children;
however, they could not do so for their husbands working in the private
sector. With this exception, they received the same allowance
privileges as their college-educated counterparts. According to
government statistics, women made up 57 percent of the civil service
force and held 28 percent of senior management posts. Women are not
discriminated against in access to employment and business.

Children.--Birth registration is universal except for Dusun and
Iban indigenous persons in rural areas (see section 2.d.). Citizenship
is derived through one's parents rather than through birth within the
country's territory. Parents with stateless status are required to
apply for a special pass for a child born in the country; failure to
register a child made it difficult to enroll the child in school.
By law sexual intercourse with a female under 14 years of age
constitutes rape and is punishable by imprisonment for not less than
eight years and not more than 30 years and not less than 12 strokes of
the cane. The law protects women, girls, and boys from exploitation
through prostitution and ``other immoral purposes,'' including
pornography.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html as well as
country-specific information at http://travel.state.gov/abduction/
country/country--3781.html.

Anti-Semitism.--There were no known Jewish communities in the
country, and there were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law does not mandate accessibility
or other assistance for persons with disabilities. The Government
provided educational services for children with disabilities, but the
level of services available was uneven. The Department for Community
Development conducted several programs targeted at promoting awareness
of the needs of persons with disabilities.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There were no reports of
societal violence or discrimination based on sexual orientation. The
law makes it a criminal offense to have ``sexual intercourse against
the order of nature.'' There were no reports of official discrimination
based on sexual orientation in employment, housing, access to
education, or health care.

Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--Under the Trade Unions Act, unions
are legal and must be registered with the Government. All workers,
including civil servants other than those serving in the military and
those working as prison guards or police officers, may form and join
trade unions of their choice without previous authorization or
excessive requirements. Foreign workers are prohibited from forming or
joining trade unions. In practice trade union activity was minimal, and
the Government discouraged union formation. The three registered trade
unions were in the oil sector and had a total membership of less than 5
percent of the industry's total work force.
While the law permits the formation of trade union federations, it
forbids affiliation with international labor organizations unless there
is consent from the home affairs minister and Department of Labor.
The Government prohibits strikes, and the law makes no explicit
provision allowing the right to strike.

b. The Right to Organize and Bargain Collectively.--The law
prohibits employers from discriminating against workers in connection
with union activities but provides no legal framework for collective
bargaining. There was very little union activity in the country, and
employer discrimination against union members was not reported.
Employers in the industrial sector did not encourage foreign workers to
form unions.
There is a free trade zone in Muara Port, known as the Muara Export
Zone (MEZ). Labor laws are fully applicable in the MEZ.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, and there were no credible reports of
forced labor.

d. Prohibition of Child Labor and Minimum Age for Employment.--
Various laws prohibit the employment of children under age 16. Parental
consent and approval by the Labor Commission is required for those
under 18. Female workers under 18 may not work at night or on offshore
oil platforms. The Department of Labor, which is part of the Ministry
of Home Affairs, effectively enforced laws related to the employment of
children. There were no reports of violations of child labor laws.

e. Acceptable Conditions of Work.--Most employed citizens commanded
good salaries. There is no minimum wage. The standard workweek is
Monday through Thursday and Saturday, with Friday and Sunday off,
allowing for two rest periods of 24 hours each week. Overtime is
required for work in excess of 48 hours per week, and double time is
required for work performed on legal holidays, but this frequently was
not observed in practice.
Occupational health and safety standards were established by
government regulations. The Labor Department inspected working
conditions on a routine basis and in response to complaints. It
generally enforced labor regulations effectively, but enforcement in
the unskilled labor sector was lax, especially for foreign laborers at
construction sites, where pay arrearage and inadequate safety and
living conditions were reported. It may close a workplace where health,
safety, or working conditions are unsatisfactory. The law permits a
worker to leave a hazardous job site without jeopardizing his
employment, but in general this did not occur.
According to government data, 87,867 foreigners worked in the
country; such workers are excluded from most labor law protections,
including freedom of association. During the year the minister
responsible for labor was given additional authority to protect their
rights, and the Government usually was quick to investigate and impose
fines and punishment. Employers found guilty of abuses typically were
fined or sentenced to prison and ordered to compensate the victim.
Government protective measures for foreign workers included arrival
briefings for workers, inspections of facilities, and a telephone
hotline for worker complaints. Government mediation continued to be the
most common means used to resolve labor disputes. Abusive employers
faced criminal and civil penalties. When grievances could not be
resolved, repatriation of foreign workers was at the expense of the
employer, and all outstanding wages were ordered paid. The majority of
abuse cases were settled out of court by the employer paying financial
compensation to the worker.
Foreign migrant workers, most notably in the garment industry,
signed contracts with employment agents or other sponsors in their home
countries that reduced their promised salaries through payments to the
agencies or sponsors. The Government forbade wage deductions to
agencies or sponsors and mandated that employees receive their full
salaries; nevertheless, foreign workers continued to pay high fees to
manpower agents to obtain work in the country.
There were credible reports of domestic and construction workers
from neighboring countries paying the equivalent of two months' wages
to fictitious employers to obtain labor passes and work freelance on
the local economy. There were also credible reports of citizens from
South Asian countries working for little or no pay for up to two years
to pay back foreign agents for securing jobs for them.
During the year there were 10 cases reported of nonpayment of
salaries. Eight of the complaints were made by domestic workers and
were referred to the Attorney General Chambers. Two cases involved
complaints made by workers in the formal sector; at year's end both
were under investigation.
The Government also prosecuted employers who employed irregular
immigrants or did not process workers' documents, rendering them
irregular.
Immigration law allows for prison sentences and caning for workers
who overstay their work permits and for irregular immigrants seeking
work, as well as for foreign workers employed by companies other than
their initial sponsor. While the majority of prosecutions were for
those who overstayed their work permits, many workers stayed in an
irregular status due to their former employers' negligence.

__________

BURMA

Burma, with an estimated population of 56 million, is ruled by a
highly authoritarian military regime dominated by the majority ethnic
Burman group. The State Peace and Development Council (SPDC), led by
Senior General Than Shwe, was the country's de facto government.
Military officers wielded the ultimate authority at each level of
government. In 1990 prodemocracy parties won more than 80 percent of
the seats in a general parliamentary election, but the regime continued
to ignore the results. In 2008 the regime held a referendum on its
draft constitution and declared the constitution had been approved by
92.48 percent of voters, a figure no independent observers believed was
valid. The Government held parliamentary elections on November 7, the
first elections since 1990. The Government-backed Union Solidarity and
Development Party (USDP) claimed an overwhelming majority of seats in
the national parliament and state/regional assemblies. Democracy
activists and the international community widely criticized both the
constitutional referendum and the elections process as seriously
flawed. Parliament was scheduled to convene on January 31, 2011, with a
special joint session of the upper and lower houses to follow within 15
days. The constitution was to go into effect when that joint session
was convened. The constitution specifies that the SPDC will continue to
rule until a new government is formed.
The regime continued to abridge the right of citizens to change
their government and committed other severe human rights abuses.
Government security forces were responsible for extrajudicial killings,
custodial deaths, disappearances, rape, and torture. The Government
detained civic activists indefinitely and without charges. In addition
regime-sponsored mass-member organizations engaged in harassment and
abuse of human rights and prodemocracy activists. The Government abused
prisoners and detainees, held persons in harsh and life-threatening
conditions, routinely used incommunicado detention, and imprisoned
citizens arbitrarily for political motives. The army continued its
attacks on ethnic minority villagers, resulting in deaths, forced
relocation, and other serious abuses. The Government routinely
infringed on citizens' privacy and restricted freedom of speech, press,
assembly, association, religion, and movement. The Government did not
allow domestic human rights nongovernmental organizations (NGOs) to
function independently, and international NGOs encountered a difficult
environment. Violence and societal discrimination against women
continued, as did recruitment of child soldiers, discrimination against
ethnic minorities, and trafficking in persons, particularly of women
and girls. Workers' rights remained restricted. Forced labor, including
that of children, also persisted. The Government took no significant
actions to prosecute or punish those responsible for human rights
abuses.
Ethnic armed groups and some cease-fire groups (armed ethnic
guerillas) allegedly committed human rights abuses, including forced
labor and recruitment of child soldiers.
The Government released Aung San Suu Kyi--general secretary of the
National League for Democracy (NLD)--from house arrest on November 13,
the date her sentence (for allegedly having violated the terms of her
confinement) expired.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were reports
the Government or its agents committed arbitrary or unlawful killings.
The Government rarely punished officials responsible for the deaths.
Government soldiers reportedly killed several individuals in
Rakhine State. On February 22, two soldiers beat and killed Aung Cho
after a shop owner accused him of stealing. On March 12, seven
government soldiers reportedly killed Kyaw Win Maung after a minor
street quarrel. On March 21, government soldiers allegedly killed Wai
Phyo Aung after he deserted his army battalion two days earlier. Wai
Phyo Aung's parents received no compensation, and no investigatory
action was reported.
In May government troops reportedly killed two Rohingya attempting
to cross the Naff River by boat; the two reportedly were fleeing to
Bangladesh. Also in May soldiers killed a teenage boy after a traffic
accident in Bago Division; the soldiers involved in the accident
reportedly were drunk.
During the year there were reports of killings in connection with
conflict in Karen State (see section 1.g.).
There were no developments in the May 2009 killing of army sergeant
Myint Soe in Magwe Division during interrogation by military agents.
There were no developments in the November 2009 death of Win Maung,
who reportedly died one day after police in Bago Division interrogated
him regarding a theft case.
At year's end no officials had been held accountable for the deaths
of several persons in the custody of security forces in 2008, including
Zawmir Uddin in Rakhine State, a medical worker in Khawzar police
station in Mon State, at least 40 inmates at Insein Prison, and a man
in Magwe police station.
The Government continued to take no action to investigate or punish
those responsible for extrajudicial killings of at least 30 persons
during the regime's violent suppression of peaceful prodemocracy
demonstrations in 2007. The Government did not investigate or punish
those responsible for custodial deaths in 2007, including the following
cases: Maung Chan Kun, Lin Lin Naing, Ko Naing Oo, NLD member Win Shwe,
and Ko Ko Win.
The Government took no action to investigate or take responsibility
for the 2003 attack by government-affiliated forces on an NLD convoy
led by party leader Aung San Suu Kyi near the village of Depeyin. As
many as 70 persons were killed, and the whereabouts of 31 persons who
disappeared remained unknown.

b. Disappearance.--Private citizens and political activists
continued to ``disappear'' for periods ranging from several hours to
several weeks or more. Such disappearances generally were attributed to
authorities who detained individuals for questioning without informing
family members and to the army's practice of seizing private citizens
for portering or related duties, often without notifying family
members. Military forces routinely ignored requests by family members
for information.
There were reports of disappearances during the year in connection
with conflicts in Shan and Karen states (see section 1.g.).
On August 5 two leaders of an ethnic militia group in Shan State,
Salang Hkun Myant and Saland Lau Yawng, disappeared after they were
summoned to Nay Pyi Taw.
The whereabouts remained unknown of four Arakanese university
students arrested in September 2009. Authorities alleged the students
were conspiring to plan activities commemorating the 70th anniversary
of the death of a prominent Arakanese monk who advocated for
independence from British rule.
During the year seven members of Lin Let Kye (Shining Star), a
group formed in 2008 to assist in the Cyclone Nargis relief effort, who
disappeared in October 2009 were found serving prison sentences ranging
from seven to 14 years for allegedly violating the Unlawful
Associations Act.
According to a human rights representative, 14 other persons also
involved with Nargis relief efforts, including entertainers, writers,
and press workers, were arrested in October 2009. Of this group, six
had been released and eight remained in prison at year's end. With the
exception of Nyan Tun, who was being held at a prison near Pyay, their
identities and locations were unknown.
According to the UN Working Group on Enforced or Involuntary
Disappearances, there were five unresolved disappearance cases at the
end of 2009.
The whereabouts of persons seized by military units to serve as
porters, as well as of prisoners transferred for labor or portering
duties, often remained unknown. Family members generally learned of
their relatives' fates only if fellow prisoners survived and later
reported information to the families.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--Laws prohibit torture; however, members of the security
forces reportedly tortured, beat, and otherwise abused prisoners,
detainees, and other citizens. Security forces routinely subjected
detainees to harsh interrogation techniques designed to intimidate and
disorient. As in previous years, authorities took little or no action
to investigate the incidents or punish the perpetrators. There were
reports of physical abuse, torture, and rape in connection with
conflicts in Shan and Karen states (see section 1.g.).
On April 18, authorities arrested and reportedly tortured an NLD
member to prevent him from organizing citizens to boycott the November
elections; he was freed later that month.
In May authorities reportedly tortured during interrogation Maung
Zeya and his son, Sithu Zeya, for taking photographs at the site where
a bomb exploded in April during the annual Thingyan water festival. In
June authorities sentenced both to two years in prison; on December 21,
Sithu Zeya received an additional eight-year sentence.
In May police reportedly beat and severely injured several youths
during interrogation in connection with bombings at the Myitsone dam
site near Myitkyina, Kachin State. Police detained a total of 43 youths
for two to three weeks before releasing them; however, some remained in
detention at year's end.
On July 30, prison guards placed Myo Kyaw Zin, an NLD member, in
solitary confinement for one month following his complaints to prison
guards about the treatment of political prisoners held in Putao prison
in northern Kachin State.
In August there were reports that authorities ruptured the eardrum
of NLD member Hyat Aung during interrogation, resulting in hearing
loss. He was believed to remain in custody at year's end.
By year's end police had not investigated an April 2009 incident in
which thugs assaulted five NLD members, reportedly on orders from the
regime, in four separate incidents.
Former political prisoners released in September 2009 claimed the
Government subjected them to eight different types of torture--ranging
from forced squatting for prolonged periods to electric shocks--during
interrogation to extract confessions or to intimidate. They also
complained of inedible food, beatings, and unsanitary conditions
leading to severe health problems. Many were held in solitary
confinement and forced to share an eight-by-eight-foot cell with up to
three other prisoners with only a bucket to use as a toilet.
Many monks held since 2007 for participating in the September 2007
prodemocracy protests against the regime were defrocked and forced to
eat three meals a day (monks generally do not eat after midday).
Authorities beat, sometimes severely, those who resisted.
The armed forces reportedly used coercive and abusive recruitment
methods to procure porters. Persons forced into portering or other
labor faced extremely difficult conditions, beatings, rape, lack of
food and clean water, and mistreatment that at times resulted in death.

Prison and Detention Center Conditions.--Prison and labor camp
conditions generally were harsh and life threatening. Prison food,
clothing, and medical supplies were scarce and of poor quality. Bedding
often was inadequate, sometimes consisting of a single mat or wooden
platform on the floor. In many cases family members of prisoners, who
generally were allowed one or two visits per month, supplemented
prisoners' official rations of medicine and basic necessities.
According to the Thailand-based Assistance Association for Political
Prisoners (Burma) (AAPPB), authorities sent more than 200 political
prisoners to remote prisons located hundreds of miles from their
families.
The Department of Prisons operated a reported 42 prisons and more
than 100 labor camps. According to a human rights activist, there were
approximately 63,000 male and 8,900 female prisoners. Pretrial
detainees were held together with convicted prisoners, but political
prisoners were typically held separately from common criminals. Former
prisoners complained of being held in aging physical structures that
received no maintenance and were infested with rodents, bacteria, and
mold.
The Government denied prisoners adequate medical care, although
medical services in prisons partially reflected the poor health care
services available to the general population. Collective reports from
three dozen prisons indicated hepatitis B and amoebas were the most
prevalent medical problems. Prisoners also suffered from various
diseases, including malaria, heart disease, high blood pressure, and
stomach problems--the result of unhygienic conditions and spoiled food.
HIV/AIDS infection rates in prisons reportedly were high due to
communal use of syringes for medical injections and sexual abuse by
infected prisoners. One former political prisoner, who was released in
2009, claimed the annual budget for medical supplies in the prison
where he was incarcerated was 50,000 kyat (approximately $50). There
were no medical doctors or trained health-care professionals on staff
at several prisons. Prison officials took common criminals to the local
hospital for treatment but were required to seek authorization from
higher authorities before allowing political prisoners to seek medical
assistance outside the prison. Political prisoners waited days to
receive medical treatment for life-threatening conditions and several
months for treatment of chronic and urgent problems.
According to a political prisoner released in 2009, approximately
three prisoners per month in one particular prison died due to the
conditions. In April and May, eight criminal prisoners reportedly died
of illnesses related to a heat wave.
In May political prisoner Ko Kyaw Soe died in Myingyan prison at
the age of 39. According to the AAPPB, he was the 144th prisoner since
1998 to die while in the custody of prison authorities as a result of
malnutrition, mistreatment, or inadequate medical care.
According to the AAPPB, at least 137 political prisoners were in
poor health due to harsh conditions, transfers to remote areas where
there were no doctors, and the denial of proper medical care. Several
political prisoners complained of inadequate treatment for medical
problems, including hepatitis B, heart conditions, back pain, stomach
problems, kidney stones, eye diseases, and dental problems.
NLD member Naw Ohn Hla--held since October 2009 for offering
Buddhist scriptures to monks--complained openly in court during a
February 1 hearing about the poor living conditions at Insein Prison.
Naw Ohn Hla shared a nine-by-ten-foot cell with nine other inmates.
Authorities did not respond to Naw Ohn Hla's complaints.
Shan State Army-North General Hsay Ten, the 74-year-old Shan ethnic
politician serving a 106-year prison sentence for taking part in a 2005
meeting with other politicians to discuss the authorities' plans for
political transition, suffered from heart problems, diabetes, and
cataracts. Authorities repeatedly denied him adequate medical care.
Between August 2 and 9, authorities transferred him to three different
prisons. He arrived at Sittwe Prison with a dislocated arm due to the
heavy shackles placed on him during transport.
Political prisoner Mya Aye, serving a 65-year sentence on a variety
of charges, reportedly was not adequately treated for a heart
condition. Prison authorities reportedly permitted a general
practitioner to treat him but not a specialist.
The heart condition of political prisoner Su Su Nwe, who was moved
to Kale prison, continued to deteriorate due to lack of proper
treatment.
Comedian/activist Zarganar, serving a 35-year sentence in Kachin
State, continued to suffer from hypertension and cardiac problems and
did not receive adequate medical care.
On July 16, political prisoner Myo Kyaw Zin, serving a 17-year
term, was beaten by criminal prisoners. Authorities put Myo Kyaw Zin
into solitary confinement for one month after he reported the incident.
Prisoners and detainees did not have the right to manifest their
religious beliefs or practices in public. Authorities did not permit
prisoners and detainees to submit complaints to judicial authorities
without censorship or to request investigation of credible allegations
of inhumane conditions. The Government did not investigate or monitor
prison and detention center conditions.
The Government did not permit media or other independent groups to
monitor prison conditions. The Government continued to deny the
International Committee of the Red Cross (ICRC) unfettered access to
prisons. As a result the ICRC could not follow the cases of more than
4,000 detainees, including prisoners of conscience, minors, foreigners,
and sick and elderly prisoners. The Government limited the ICRC's
activities to supporting family visits to detainees and providing
physical rehabilitation for landmine victims and other persons with
disabilities. There was no ombudsman to serve on behalf of prisoners
and detainees.

d. Arbitrary Arrest or Detention.--The law does not prohibit
arbitrary arrest or detention, and the Government routinely employed
both practices. The law allows authorities to extend sentences after
prisoners have completed their original sentence, and the Government
regularly used this provision. The 1975 State Protection Law allows
authorities to order detention without charge or trial of anyone they
believe is performing or might perform any act that endangers the
sovereignty and security of the state or public peace and tranquility.

Role of the Police and Security Apparatus.--The police force falls
administratively under the Ministry of Home Affairs. Military Security
Affairs (MSA) falls under the Ministry of Defense. MSA officers and
Police Special Branch (SB) officers were responsible for detaining
persons suspected of ``political crimes'' perceived to threaten the
Government.
Security forces maintained a tight grip on inhabitants, due in
large part to the fear imposed by arbitrary detention, and also through
threats to an individual's livelihood, such as ordering small
businesses to close.
Impunity was a serious problem. There are no effective legal
mechanisms available to investigate security force abuses, and the
Government took no significant measures to reform the security forces.

Arrest Procedures and Treatment While in Detention.--By law
warrants for searches and arrests are required; however, the MSA and
police have special authority to conduct searches and make arrests at
will. The law permits a court to detain persons without charge for up
to two weeks, with the possibility of a second two-week extension.
However, authorities frequently and arbitrarily extended detentions
beyond this period, sometimes up to a year, without bringing the
detainees before a judge or informing persons of the charges against
them. The Government often held persons under the Emergency Act of
1950, which allows for indefinite detention.
Bail was commonly offered in criminal cases but rarely allowed for
political prisoners. The Government regularly refused detainees the
right to consult a lawyer and occasionally imprisoned or detained
lawyers.
The Government continued to use incommunicado detention and often
failed to inform detainees' relatives of detentions until much later.
In January antinarcotics police reportedly assaulted a man whom
they accused of being in possession of opium. Authorities found no
illegal narcotics when they searched his home but arrested him without
charge or providing a reason.
In December 2009 authorities released U Aye Myint, a labor activist
from Magwe Region active in land-rights cases for farmers, who was
sentenced in September 2009 to two years' imprisonment for threatening
to injure a public servant.
During the year the regime continued to hold numerous prodemocracy
and human rights activists and several top opposition leaders (see
Political Prisoners and Detainees). Other activists wanted by the
regime remained in hiding or self-imposed exile.
House arrest, a form of detention, was usually reserved for high-
profile political prisoners.

Amnesty.--In March the Government released a foreign human rights
activist arrested in September 2009, convicted, and imprisoned on
politically motivated charges. He reported mistreatment by prison
authorities during his incarceration. On August 22, the Government
released 170 prisoners, but none were political prisoners.

e. Denial of Fair Public Trial.--The judiciary is not independent
of the Government. The SPDC appoints justices to the Supreme Court,
which in turn appoints lower-court judges with SPDC approval. These
courts adjudicate cases under decrees promulgated by the SPDC that
effectively have the force of law. The regime frequently directed
verdicts in politically sensitive trials of civilians.
Supreme Court justices and senior officials in the Office of the
Attorney General allegedly were most often responsible for passing
along and enforcing the orders of the military rulers.
The Government continued to rule by decree and was not bound by any
constitutional provisions providing for fair public trials or any other
rights. Although remnants of the British-era legal system remain
formally in place, the court system and its operation were seriously
flawed, particularly in the handling of political cases. The misuse of
blanket laws--including the Emergency Provisions Act, Unlawful
Associations Act, Habitual Offenders Act, Electronic Transactions Law,
Television and Video Act, and Law on Safeguarding the State from the
Danger of Subversive Elements--as well as the manipulation of the
courts for political ends continued to stifle peaceful dissent and
deprive citizens of the right to a fair trial. Executive Order 5/96,
providing for the arrest of any person deemed a threat to the National
Convention (composed of handpicked delegates convened to draft a new
constitution) and the ``roadmap to democracy,'' effectively suppressed
open debate among citizens. Pervasive corruption further served to
undermine the impartiality of the justice system.

Trial Procedures.--The law provides for the right to a fair trial,
but it also grants broad exceptions, in effect allowing the regime to
violate these rights at will. In common criminal cases, the court
generally respected some basic due process rights, whereas there was a
fundamental lack of due process in most politically sensitive cases.
Defendants do not enjoy a presumption of innocence. Juries are not
used in trials. Defendants have the right to be present at their
trials. In political cases defendants were rarely given timely access
to an attorney. By law the Government is not obligated to provide an
attorney at public expense except in death penalty cases. Defendants
and their attorneys were given access to government-held evidence
relevant to their cases only after charges were made and when the case
was put before the court.
Common criminal cases were open to the public. Defense attorneys in
criminal cases generally had 15 days to prepare for trial. However,
courts often did not notify defense attorneys in political cases of the
trial start date, leaving them little or no time to prepare. Even when
lawyers of political activists were allowed the 15 days to prepare
their clients' cases, they often were not allowed to present arguments
on the day the case was tried in court. Instead, in some instances the
court sentenced defendants immediately upon entering the courtroom,
without arguments. Defense attorneys could call witnesses, cross-
examine them, and examine evidence. However, their primary function was
not to disprove a client's guilt, which was usually a foregone
conclusion, but rather to bargain with the judge to obtain the shortest
possible sentence for the client.
Political trials normally were not open to family members or the
public. NLD members and other prodemocracy activists generally appeared
able to retain the counsel of lawyers; however, lawyers were not always
given the opportunity to mount a proper defense. They often were denied
adequate access to their clients before trial, were not informed when
trials would begin, and occasionally were not allowed to attend their
clients' trials. Reliable reports indicated senior government
authorities dictated verdicts in political cases, regardless of the
evidence or the law.
Persons complained they were not informed of the arrests of family
members in a timely manner, not told their whereabouts, and often
denied the right to see them and attend court hearings.
The penal code allows the Government to render excessive sentences
against political activists by allowing government prosecutors to
charge detainees with multiple violations of archaic or widely ignored
laws, such as violating currency laws, publishing materials likely to
cause alarm, or spreading rumors. This practice could result in lengthy
cumulative sentences. The regime often prosecuted political prisoners
under such measures as the Emergency Provision Act, Law on Safeguarding
the State from the Danger of Subversive Elements, Television and Video
Act, Unlawful Associations Act, Electronic Transactions Law, and Law
Relating to the Forming of Organizations.
The Government routinely extended prison sentences under the Law
Safeguarding the State from the Dangers of Subversive Elements. The
minister of home affairs has the right to extend unilaterally a prison
sentence by two months on six separate occasions, for a total extension
of up to one year. SPDC Chairman Senior General Than Shwe can
unilaterally extend or shorten a period of detention, as he did to
reduce by half NLD leader Aung San Suu Kyi's most recent detention in
2009.
The law provides those convicted of crimes with the right of
appeal, and there is a multistage appeals process; however, in most
appeal hearings the verdicts were upheld.

Political Prisoners and Detainees.--Human rights observers reported
there were more than 2,100 ``security detainees,'' including political
prisoners, violators of state security laws, and those accused of
fostering religious disturbances. Because the Government usually
charged political detainees with criminal offenses, it denied holding
any political prisoners. Despite government assertions, a vast majority
of these prisoners were not believed to have engaged in any violence,
theft, or other common crimes.
On January 7, Special Branch police arrested monk Ashin Uk Kong Sah
after he launched a campaign opposing the election in Mon State. On
September 7, he was sentenced for a total of 15 years under the
Electronic Transactions Law, Press Act, and section 505(b) of the penal
code (inciting public unrest).
On January 14, three NLD members were sentenced to three years with
hard labor under the Unlawful Associations Act for allegedly accepting
money from an exile group located on the border with Thailand.
In April authorities arrested 12 members of Best Manure, an
antigovernment group formed in the wake of the September 2007 monk-led
uprising, for distributing pamphlets that encouraged citizens to
participate in a campaign demanding the release of Aung San Suu Kyi and
all other political prisoners.
In June a district court sentenced monk U Gawthita to seven years'
imprisonment for antigovernment activities. He was accused of defaming
the Buddhist religion (Sasana) and violating the Unlawful Associations
Act.
On January 21, authorities charged eight activists for their roles
in the September 2007 monk-led uprising. Authorities arrested the eight
men, who included four monks and a schoolteacher, in 2009 during a
crackdown that coincided with the two-year anniversary of the event. At
year's end the activists remained in detention, awaiting conclusion of
their trial.
On February 15, a township court sentenced Naw Ohn Hla, Myint Myint
San, Ma Cho, and Cho Cho Lwin to two years in prison. Arrested in
October 2009, they were part of the Tuesday Prayer Group, a collection
of prodemocracy activists who visited Rangoon's Shwedagon Pagoda every
Tuesday to pray for the release of Aung San Suu Kyi and other political
prisoners.
At year's end other political activists convicted in 2009 who
remained in prison included Ashin Sandimar, Kyaw Zin Min, Wunna Nwe,
and Zin Min Shein, all convicted of violating the Explosives Law and
Unlawful Associations Act. Another seven--Saw Maung, Aung Moe Lwin, Moe
Htet Nay, Tun Lin Aung, Zaw Latt, Naing Win, and Tun Lin Oo--convicted
of violating the Unlawful Association Act, also remained in prison. Ko
Tin Htut, sentenced to 15 years' imprisonment for carrying a poster
calling for the release of all political prisoners, also remained
imprisoned.
Political activists detained in 2008 and convicted in 2009 who
remained in prison included Bo Min Yu Ko, sentenced to 104 years' in
prison; Kyaw Ko Ko, three years; Tin Min Htut and Nyi Pu, 15 years
each; Ye Min Oo, Ye Myat Hein, Kyi Phyu, and Si Thu Maung, five to six
and one-half years each; and Aung Kyaw Oo, four and one-half years.
Also remaining in prison were members of the Generation 88 Students
group sentenced in 2008: Min Ko Naing, Ko Ko Gyi, Kyaw Min Yu, Mya Aye,
Aung Thu, Min Zeya, Myo Aung Naing, Nilar Thein, Zeya, Kyaw Kyaw Htwe
(Markee), Panneik Tun, and Zaw Zaw Min, each sentenced to 65 years'
imprisonment; and Tin Htoo Aung, sentenced to 33 years.
Zaw Thet Htwe, sentenced in 2008 to 19 years under the Electronic
Transactions Law, continued to serve his prison term, reduced to 15
years on appeal. Monk U Gambira, sentenced in 2008 to 68 years'
imprisonment, also remained in prison.
Human rights activists Myo Min, sentenced to eight years for
illegally crossing the border and violating the Unlawful Associations
Act, and Myint Aye, sentenced to 28 years for conspiracy to commit
bombings, continued to serve their prison terms following their
convictions in 2008.
Myanmar Development Committee leader Htin Kyaw, sentenced in 2008
to 12 years' imprisonment, and human rights activists Aung Zaw Oo and
Win Maw, sentenced in 2008 to 12 years and two years, respectively,
remained in prison. Authorities subsequently charged Win Maw with
breaching the Electronic Transactions Law, which could lead to an
additional sentence of seven to 15 years. He remained in prison at
year's end.
Aung Htun was in Maubin prison, and Aung Kyaw San was in Maisat
prison; the whereabouts of both were previously unknown. The
whereabouts of Myat Thu remained unknown; human rights observers
believed he continued to be detained without charge. The three were
detained in 2007-08.
In January authorities released lawyer Pho Phyu, arrested in 2009
for reporting labor rights violations to the International Labor
Organization (ILO) on behalf of a group of farmers. On February 13,
authorities released NLD Vice Chairman U Tin Oo, imprisoned or under
house arrest since the 2003 Depeyin incident.
On November 13, the Government released Aung San Suu Kyi, general
secretary of the NLD, from house arrest. In August 2009 she was
convicted on charges of violating the terms of her house arrest and
remained confined for an additional 18 months. She had been jailed or
under house arrest for more than 15 of the last 21 years.

Civil Judicial Procedures and Remedies.--Civil judicial procedures
and remedies existed in principle, but in practice there was no
assurance a complainant would receive a fair hearing.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The Land Acquisition Act protects the privacy and
security of the home and property. There were no laws protecting
correspondence or other communications of citizens. Through its
intelligence network and administrative procedures, the Government
systematically monitored the travel of citizens and closely monitored
the activities of those known to be active politically.
Forced entry without a court order is illegal, but the Government
generally did not respect this law.
The law requires that persons who intend to spend the night at a
place other than their registered domicile must inform local Peace and
Development Council authorities in advance. Any household that hosts a
person not domiciled there must maintain a guest list and submit it to
authorities. Ward-level officials continued unannounced nighttime
checks of residences for unregistered visitors. In contrast with 2009,
there were no reports that the Government required family photographs.
Previously, authorities in Rangoon Division sporadically required
households to have ``family photographs'' taken for government agents
to use when conducting nighttime checks of residences.
Security personnel regularly screened private correspondence,
telephone calls, and e-mail.
The Government continued to control and monitor closely the
licensing and procurement of all two-way electronic communication
devices. Possession of an unregistered telephone, fax machine, or
computer modem is punishable by imprisonment. Users of unregistered
cordless telephones face up to three years in prison and a heavy fine.
Use of unregistered radios is also punishable by a fine and
imprisonment.
Activists and politicians reported that authorities routinely
monitored their movements.
The Government reportedly continued its practice of conscripting
members of ethnic minorities for service as military porters in Bago
Division and in Chin, Karen, Kachin, Kayah, Rakhine, and Shan states
(see section 1.g.).
Government employees generally were prohibited from joining or
supporting political parties; however, this proscription was applied
selectively. The Government defines civil servants as employees at or
below the director general and managing director levels; according to
government claims, ministers are not considered civil servants. In
April the Government's mass mobilization organization--the Union
Solidarity and Development Association (USDA)--was transformed into a
political party, the Union Solidarity and Development Party (USDP), to
contest the November 7 elections. Many of the Government's top leaders,
including the prime minister, maintained high-level roles in the USDP.
A number of reports indicated that the USDP, and its predecessor USDA,
used coercion to compel citizens to join or support the party; state-
sector employees were the most susceptible to such pressure.
Although students are not prohibited from joining a party, the
Government reportedly discouraged students from participating in
politics.
The law does not permit private ownership of land; the Government
can confiscate the land of individuals at any time. Weak private
property rights and poor land ownership records facilitated involuntary
relocations of persons by the Government, especially in rural areas.
In early February authorities ordered approximately 270 Rangoon
households, whom it claimed were illegal squatters, to move so the
houses could be demolished. Police detained U Tun Yi, a resident
affected by the removal, who submitted a letter to request that
authorities stop the demolition. Police released him at the end of
February.
On May 30, the local government ordered 1,000 civilians from
Myitkyina and Waingmaw townships to move from the vicinity of the
Myitsone dam project site in Kachin State. Several protested the forced
relocation and then fled to the border with China when the regime
threatened to arrest them.
There were some reports of forced relocations and demands for
forced labor to build infrastructure. While more frequent in rural
areas, reports of forced relocation in urban areas also existed. There
were numerous reports government troops looted and confiscated property
and possessions from forcibly relocated persons or persons who were
away from their homes. The practice was more prevalent in Shan, Kayah,
and Karen states and in areas of Mon State and Bago Division. The
Government made no attempts to punish offenders or compensate victims
for their losses (see also section 2.d.).
The Government routinely confiscated food, cash, and other property
from civilians. Military personnel routinely confiscated livestock,
fuel, food supplies, money, and other items. Such abuses were
widespread.
Marriages between female citizens and foreigners are banned, and
the Government ordered local attorneys not to be witnesses to such
marriages; however, the ban was not widely enforced.
The Government punished family members for alleged violations by
individuals.

g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Ethnic insurgent groups continued to battle the Government for autonomy
or independence, including the Shan State Army-South; the Karenni
National Progressive Party; and the Karen National Union (KNU), through
its armed wing, the Karen National Liberation Army (KNLA). Heavy
fighting between the Government army and a breakaway faction of the
Democratic Karen Buddhist Army (DKBA) broke out on the border with
Thailand on November 8. In ethnic minority regions, military personnel
reportedly killed and raped civilians, shelled villages and burned
homes, destroyed food and seized possessions, confiscated land, forced
villagers to work on infrastructure projects, and demanded villagers
provide food and construction materials for military camps.
International NGOs reported similar abuses in Chin State. One NGO also
reported that the Government restricted humanitarian access to the
state and forced farmers to grow jatropha (physic nuts, an inedible
castor oil crop) instead of food crops.
The Government continued to pressure cease-fire and armed rebel
groups to join the Government army-dominated Border Guard Force.
Tensions remained high, with some cease-fire groups reportedly
concerned the army could undertake military action to compel them to
join the border force; several small cease-fire groups subsequently
agreed to join.

Killings.--On January 17, two villagers died when two government
soldiers, targeting what they believed to be a Karen National
Liberation Army stronghold, allegedly burned 13 houses in eastern Bago
Division.
On April 19, 15 unknown assailants beat to death a Catholic priest
in Pekhone Township, Kayah State, reportedly due to tension between the
Government army and the Catholic Church regarding land confiscated in
2006.
On May 16, government army soldiers reportedly killed 15-year-old
Tin Min Naing in Bago Division after he fled a group of soldiers when
faced with their demand that he join the army.
In early December government army soldiers reportedly entered a
KNU/KNLA Peace Council (KPC) camp near Myawaddy in Karen State, shot
one soldier, and took six others as prisoners. On December 8, villagers
found the mutilated bodies of the six prisoners and claimed they had
been tortured before being killed. The KPC, which is distinct from the
KNU, signed a cease-fire agreement with the Government in 2007.
There were no developments in the June 2009 incident in which
government army soldiers from Light Infantry Battalion 205 in Hpa An
District reportedly raped and killed two Karen girls.
There were no reported developments regarding the Government army's
forcible relocation in August 2009 of hundreds of villagers in three
townships in Shan State. During the forced relocation, authorities
reportedly beat and killed villagers; others sought safety by hiding in
the jungle.
There were no reported developments in the September 2009 incident
in which police officers in Shan State reportedly raped and killed a
14-year-old girl and allegedly arrested, detained, and tortured seven
persons, including some of those who found her body. Police allegedly
threatened the victims' relatives to prevent the perpetrators from
being tried.
According to the most recent data available, up to 100 persons were
killed and 500 injured by land mines during the year.
In 2008 there were unverified reports of deaths and injuries caused
by security forces using civilians to clear land mines, particularly in
Karen State, where the army continued attacks against ethnic villages.
UN Special Rapporteur on Human Rights for Burma Tomas Ojea Quintana
cited similar reports in his March 10 report on the country.

Disappearance.--There were reports of disappearances during
government army attacks in Shan and Karen states. Observers believed
that many persons were killed and others fled to the border.

Physical Abuse, Punishment, and Torture.--The Thailand-based Karen
Women's Organization documented approximately 4,000 cases of abuse
against women in Karen State over the past few years. The abuses
included rape, killings, torture, and forced labor in more than 190
villages by government troops from more than 40 army battalions.
NGOs and international organizations continued to report numerous
sexual assaults by soldiers throughout the rest of the country.
In contrast with 2009, during the year the Government army in Chin
State reportedly stopped the practice of forcing villagers to construct
fences in an army camp and transport army supplies.
There were no reports the Government investigated or otherwise
attempted to identify and punish those responsible for numerous acts of
killing, injury, and destruction committed against Karen or other
ethnic communities.

Child Soldiers.--The Government army continued to recruit and use
child soldiers. The minimum age of enlistment in the army is 18 years,
and the Government's official policy is to avoid conscripting child
soldiers; however, it did not deny their existence. Informal recruiting
targeted vulnerable children. Authorities routinely falsified the
enlistment papers of those under age 18. According to the Office of the
UN High Commissioner for Refugees (UNHCR), the army recruited children
as young as 10 years old. Credible sources indicated the number of
child soldiers may have risen to 12,000, although accurate statistics
were difficult to obtain.
During the year exile media reported that the military forcibly
enlisted children as young as 14 into the army in Mon and Rakhine
states and Bago and Irrawaddy divisions. According to media reports,
the South East Command paid brokers 200,000 kyat ($200) for each child
soldier they conscripted. Other children were kidnapped.
The ILO and the UN Children's Fund were the only international
bodies in the country with a mandate to address the problem of child
soldiers. The ILO reported there were 201 complaints of cases of child-
soldier recruitment during the year. The Government cooperated with the
ILO to return 73 underage recruits--40 from complaints received in the
year and 33 from 2009 cases. There were no reports of harassment of
persons who complained about child-soldier cases.
By year's end the ILO had received 331 complaints of underage
recruitment since it began monitoring the problem in 2007. In response
the military discharged 142 underage recruits and returned them to
their families; 120 other cases were in process towards discharge.
According to the ILO, commercial brokers or military personnel abducted
the majority of recruits. The ILO reported that the Ministry of Home
Affairs generally responded favorably once the ILO filed a complaint on
behalf of a family member. The Government occasionally investigated and
at times prosecuted the soldiers and brokers involved. In 2009 an army
captain received a one-year sentence to a civilian prison and dismissal
from the army for his role in child soldier recruitment; however, most
military perpetrators, if punished at all, received one to three months
in a military prison with hard labor, loss of 12 months' seniority for
pension and promotion rights, salary deductions, and a reprimand. The
chances of sanction of any type remained limited if the perpetrator was
in the military. The number of child soldiers recruited likely far
outnumbered the ones released. There were no reports of prosecutions
against identified civilian brokers.
Ethnic militias denied the existence of child soldiers in their
ranks, although their existence was widely reported.
According Human Rights Watch, government forces and various armed
insurgent groups continued widespread and systematic forced recruitment
of child soldiers.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Other Conflict-Related Abuses.--In Shan and Karen states, military
forces displaced civilians from their traditional villages--which often
were burned to the ground--and moved them into settlements tightly
controlled by government troops in strategic areas. In other cases
villagers driven from their homes fled into the forest, frequently in
heavily mined areas, without adequate food, security, or basic medical
care.
Between July 18 and 20, according to a human rights group, more
than 1,000 Karen residents from 10 villages were displaced as
government troops mounted offensives against the Karen National
Liberation Army.
On July 23, the Government army attacked with mortars and then
burned 50 homes, a school, and a church in Tha Dah Der, a Christian
village in northern Karen State. More than 600 villagers fled into the
jungle on the border with Thailand; only 350 had returned at year's
end. In addition 300 persons from two neighboring villages--Tha Kaw To
Baw and Ti Mu Der--also fled. According to observers, all persons from
the two latter villages returned to their homes, which were not
attacked.
On November 8, fighting between the Government army and a breakaway
faction of the DKBA near Myawaddy in Karen State forced thousands of
civilians to flee their homes. According to some reports, more than
20,000 refugees crossed the border into Thailand, although sources
indicated that most returned to their homes shortly thereafter.
Fighting continued sporadically through year's end.
Forced relocations generated large migrations to neighboring
countries or to parts of the country not controlled by the Government
(see section 2.d.).
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The Government severely and
systematically restricted freedom of speech and press. Authorities
arrested, detained, convicted, and imprisoned citizens for expressing
political opinions critical of the Government and for distributing or
possessing publications in which opposition opinions were expressed.
Security services also monitored and harassed persons believed to hold
antigovernment opinions.
On March 17, the SPDC announced that political parties must seek
government approval before publishing party materials or broadcasting
any programs. The same directive subjected electoral publications to
the 1962 Printers and Publishers Registration Act, under which
disseminating information that criticizes the Government or disturbs
the peace is punishable by up to seven years in prison.
On April 17, authorities arrested and reportedly tortured during
interrogation former political prisoner Maung Zeya and his son, Sithu
Zeya, for taking photographs at the sites where three bombs exploded
during the annual Thingyan water festival. The court initially
sentenced each to two years in prison, although additional charges were
pending. Authorities sentenced Sithu Zeya to an additional eight years
on December 21.
Privately owned media existed, but the Government's Press Scrutiny
and Registration Division tightly controlled all media and publications
and took action against any attempt to provide independent
interpretation or comment on news. The Ministry of Information issued
licenses to private media publishers as long as the media printed
government-approved material. The Press Scrutiny Board suspended the
licenses of newspapers that printed items it deemed objectionable.
Government agents or supporters held an estimated one-third of private
media licenses.
Government scrutiny of the press increased after officials
announced that elections would be held on November 7. In June the
Government-controlled Union Election Commission (UEC) released
guidelines prohibiting political party publication of anything that
criticized the military, government, or civil service personnel. That
same month the editor of a local weekly journal complained the censor
board cut information about the visit of foreign government officials.
Also in June another journal cancelled publication of an issue after
suffering heavy cuts by the censorship board, which approved only four
of the 20 pages it submitted.
In July the censor board suspended the weekly newspaper The Voice
for two weeks for publishing an article that allegedly ``misquoted''
provisions of the 2008 constitution. Soon thereafter the censor board
issued a directive to newspapers calling for the ``correct and complete
quoting of the constitution, electoral laws, and its rules.'' In a
separate incident, another journal, Flower News Weekly, dropped a legal
issues section of the newspaper and issued a ``correction'' after being
pressured by authorities.
The Government continued to use force or intimidation to prohibit
all public speech or planned events critical of the regime by all
persons. The Government pursued this policy consistently with few
exceptions.
In contrast with 2009, the Government did not ban ceremonies
commemorating Human Rights Day. However, human rights activists
reported that local authorities sought reprisal against the owner of a
teashop who hosted a ceremony at his home in Pyay.
The law prohibits the publication or distribution of any printed
material without obtaining prior approval from the Government. The
Government controlled content in all print publications, and it owned
and controlled all domestic radio and television broadcasting
facilities. The official print and broadcast media were propaganda
organs of the Government and did not report opposing views except to
criticize them. The Ministry of Information's Press Scrutiny and
Registration Division censored all private publications, including
books. The censorship process for books can take several months or
several years.
Reporters were subject to arrest, harassment, intimidation, and
violence by the authorities and supporters of the regime.
On January 29, the Rangoon Special Court at Insein Prison sentenced
reporter Ngwe Soe Lin to 13 years' imprisonment for attempting to
smuggle information to the exile media.
Twelve persons, including staff members from The Voice, Foreign
Affairs, Pyi Myanmar, and Kandarawaddy journals, were arrested in
October 2009 but were released approximately one month later.
At year's end approximately 40 journalists were in prison, some
serving sentences of up to 35 years. Freelance journalist Zaw Tun,
sentenced to two years in prison in June 2009 for allegedly obstructing
the work of an official, remained in prison. Sein Win Maung, office
manager of Myanmar Nation magazine convicted in 2008 for violating the
Printers and Publishers Act, continued serving a seven-year sentence.
Myat Swe and his father, Thein Swe, co-owners of the English- and
Burmese-language weekly newspaper Myanmar Times, reportedly remained in
prison.
Poet Saw Wai, arrested in 2008, was freed on May 26.
The media practiced self-censorship due to fear of government
reprisal. Publications generally did not report on sensitive economic
and political topics or local tragedies if they might give a poor
impression of governance.
Imported publications remained subject to predistribution
censorship by state censorship boards, and possession or distribution
of publications not approved by the censorship boards was a serious
offense. The Government also restricted the importation of foreign news
periodicals.
A few foreign news agencies were present but, except for some
Chinese, had no expatriates based in the country. Foreign news agency
bureau chiefs were rarely permitted to enter on journalist visas.
In March police arrested and expelled a CNN reporter shortly after
he arrived in Nay Pyi Taw to cover the annual Armed Forces Day
celebration. Officials gave no explanation. The reporter had previously
been deported while he was in the country reporting on Cyclone Nargis
in 2008.
Due to widespread poverty, limited literacy, and poor
infrastructure, radio and television remained the primary media of mass
communication. News periodicals rarely circulated outside of urban
areas. The Government and government cronies continued to monopolize
and control the content of the seven privately owned FM radio stations
and one government-run shortwave radio station. Foreign radio
broadcasts, such as those of Radio Free Asia, Voice of America, the
BBC, and Democratic Voice of Burma, remained the principal sources of
uncensored information.
The Government continued to monopolize and control all domestic
television broadcasting. It offered five public channels--four
controlled by the Ministry of Information (MRTV, MRTV-3, MRTV-4, and
Myanmar International) and one controlled by the armed forces
(Myawaddy). The general population was allowed to register satellite
television receivers for a fee, although it remained far too expensive
for the majority of persons.
The 1996 Television and Video Act makes it a criminal offense--
punishable by up to three years in prison--to publish, distribute, or
possess a videotape not approved by a state censorship board. The
Government continued to crack down on uncensored foreign videotapes and
digital videodiscs, although pirated copies remained widely available
on the street.

Internet Freedom.--No laws or regulations exist regarding
monitoring Internet communications or establishing penalties for the
exercise of freedom of expression via the Internet. However, the
Government monitored Internet communications and blocked Web sites so
individuals could not freely engage in such activities. The Electronic
Transactions Law prohibits Internet users from posting information that
may undermine the interests and security of the state.
The Government increased its control of the Internet in advance of
the November elections. There were reports the Government sought to
centralize network management in Yadanabon Cyber City (Mandalay Region)
to make it easier for authorities to monitor electronic communications.
Some domestic Internet service providers reportedly obtained censorship
and surveillance equipment. There were also reports that government
authorities pressured private Internet cafe owners in Rangoon to
install closed-circuit television cameras and increase staffing to
monitor patrons and Internet usage. Authorities reportedly claimed
these new measures were enacted in response to several thwarted bomb
attacks at Internet cafes in November, although the Government provided
no evidence of such planned attacks.
Internet access and usage was extremely limited, due to government
restrictions and lack of infrastructure. According to the International
Telecommunication Union, in 2008 0.2 percent of inhabitants used the
Internet, mostly in cybercafes in cities.
Authorities frequently blocked access to Web sites attracting many
users or to large attachments related to political issues. E-mail
messages sometimes took several days to arrive in a receiver's inbox,
often with attachments deleted. Citizens believed this was due to the
regime's censorship of e-mail.
The Government banned most Web sites critical of the regime and its
activities. Authorities also blocked access to some popular, free e-
mail services, social networking sites, and blogs as well as to other
Internet messaging services.
The Government attempted to block most Web sites containing words
it considered suspicious, such as Burma, drugs, military government,
democracy, student movement, 8888, and human rights. Users could
sometimes reach the home pages of Democratic Voice of Burma and BBC's
Burma service, but they could not access most articles on the sites.
Occasionally the Government mistakenly blocked educational or other
sites when its software detected censored words.
While the Government rarely charged persons explicitly for
expressing political, religious, or dissenting views in electronic
forums, including e-mail, it often charged persons suspected of such
activities with other crimes.
On January 7, a court found Win Naing Kyaw, a former military
officer, guilty of violating the Electronic Transactions Law. He was
allegedly involved in leaking photographs of a ranking government
official's visit to North Korea to a Web site run by Burmese
journalists living in exile.
Nay Phone Latt (Nay Myo Kyaw), Internet blogger and owner of three
Internet cafes sentenced in 2008 to 20 years and six months, remained
in prison.

Academic Freedom and Cultural Events.--The Government restricted
academic freedom. University teachers and professors, most of them
state employees, were subject to the same restrictions on freedom of
speech, political activities, and publications as other state
employees. Teachers could not discuss politics at work, join or support
political parties, or engage in political activity, and they had to
obtain advance approval for meetings with foreigners. The Government
closely monitored curricula and censored course content. Like all other
state employees, professors and teachers were required to join the
USDA. However, election laws released during the year prohibited
government employees, including teachers, from joining political
parties. While these government employees did not join the political
party successor of the USDA, the USDP, the Government still pressured
them to vote for USDP candidates. Foreigners were not permitted to
visit university campuses without prior approval or attend any meetings
involving students, including graduation ceremonies.
To limit the possibility of student unrest, some years ago the
Government placed undergraduate campuses in remote areas, warned
teachers and students that disturbances would be dealt with severely,
and kept most on-campus dormitories closed. Many students opted to use
self-study or private tutoring.
The Government tightly controlled the limited number of private
academic institutions and their curricula. Similar controls extended to
Buddhist monastery-based schools, Christian seminaries, and Muslim
madrassahs. In contrast with 2009, there were no reports that the
Government suppressed private tutoring.
The Government monitored most cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law limits freedom of assembly, and the Government
severely restricted it in practice. A long-standing ordinance
officially prohibits unauthorized outdoor assemblies of more than five
persons, although it was not enforced consistently.
The regime and its supporters routinely used intimidation,
violence, and the power of arrest to disrupt peaceful demonstrations
and meetings.

Freedom of Association.--The Association Law provides for citizens
to form associations and organizations; however, the Government
restricted freedom of association, particularly for prodemocracy
supporters and those who contacted exile groups or individuals thought
to be associated with groups in exile. A statute prohibits associating
with any organization that the head of state declares to be unlawful.
Freedom of association generally existed only for government-
approved organizations, including trade associations, professional
bodies, and the USDP. Few secular, nonprofit organizations existed, and
those that did took special care to act in accordance with government
policy. Forty-seven political parties applied for permission to form
and register under the Government's highly restrictive electoral laws
issued in March; the Government ultimately granted permission to 37.
The Government failed to consider the applications of three parties
(all ethnic Kachin) and announced the dissolution of 10 parties,
including the NLD, which refused on principle to register under the
election laws. The NLD maintained its right to exist as a political
party because it was registered under previous electoral legislation;
it filed a suit against the Government for illegally applying electoral
legislation retroactively to deregister the party. In November the
Supreme Court declined to admit the party's appeal of its
deregistration; the NLD stated it would pursue one final level of
appeal. Authorities and the Government's election commission ensured
strict control over the activities of newly registered political
parties.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--There are no laws explicitly
protecting freedom of movement within the country, foreign travel,
emigration, and repatriation. However, there are regional- and local-
level orders, directives, and instructions restricting freedom of
movement. The Government did not fully cooperate with the UNHCR and
other humanitarian organizations in providing protection and assistance
to internally displaced persons, refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern.
Although the Government restricted freedom of movement, most
citizens were able to travel within the country. However, authorities
closely monitored the movements of some opposition party members.
Ethnic minority areas previously affected by conflict continued to
experience strict controls on personal movement, including frequent
military checkpoints and monitoring by military intelligence.
The Government restricted the ability of internally displaced
persons, refugees, and stateless persons to move. In particular the
Government tightly controlled the movement of Muslim Rohingya,
especially in Buthidaung, Kyauktaw, Maungdaw, and Rathedaung townships
along the border with Bangladesh. Muslim youths from Rakhine State
accepted for admission to universities and medical schools outside the
state were unable to enroll due to travel restrictions imposed on them.
The Government also required other noncitizens, primarily ethnic South
Asians and Chinese, to obtain prior permission to travel internally.
Nonetheless, the country's borders with China, Thailand, Bangladesh,
and India remained very porous, with significant undocumented migration
and commercial travel.
An ordinary citizen needed a passport from the Ministry of Home
Affairs and a departure form from the Ministry of Immigration and
Population to travel outside the country. To address the problem of
trafficking in persons, the Government continued to hinder or restrict
international travel for women, particularly those less than 25 years
of age.
Although there is no law explicitly restricting the foreign travel
of citizens, the Government carefully scrutinized prospective travel
abroad of all passport holders. Rigorous control of passport and exit
visa issuance perpetuated rampant corruption, as applicants were
sometimes forced to pay bribes of up to 400,000 kyat ($400).
The Government regularly declined to issue passports to former
political prisoners, activists, and some local staff of foreign
embassies. College graduates who obtain a passport (except for certain
government employees) are required to reimburse the Government for the
cost of their education. It frequently took several months to receive a
passport, particularly if the applicant was unwilling to offer a bribe
as incentive for speedier service.
The Government permitted foreign diplomats and foreign UN employees
based in Rangoon to travel outside of Rangoon to designated tourist
sites without prior permission but with prior notice; all other travel
required advance permission and was sometimes denied.
According to the UNHCR in Rangoon, approximately 120,000 Burmese
refugees lived in camps in Thailand. The regime allowed the UNHCR
limited access to monitor the potential areas of return to assess
conditions for the voluntary return of the refugees and internally
displaced persons, leading UNHCR officials to determine that conditions
remained unsuitable for their return.
Approximately 21,000 Rohingya lived as legally registered refugees
in camps in southeastern Bangladesh, and some NGOs estimated as many as
500,000 others, who were not registered by either Burmese or
Bangladeshi authorities, lived outside the camps and in the border
area. Neither Bangladesh nor Burma claimed the stateless Rohingya
refugees as citizens.
There are no provisions for forced exile or restrictions on
emigration. In general citizens who emigrated legally were allowed to
return to visit relatives, and some who lived abroad illegally and
acquired foreign citizenship also were able to return. The Government
often revoked passports for political reasons.

Internally Displaced Persons (IDPs).--According to the UNHCR, there
were at least 451,000 IDPs in the country as of December, although
accurate figures were difficult to determine due to poor access to
affected areas. According to several international organizations, there
were believed to be several million IDPs, but exact estimates were
impossible due to lack of international access to certain areas of the
country. Most international attention continued to focus on the eastern
region, where conflict and repressive government policies displaced
hundreds of thousands in the past decade within partial reach of
international assistance, according to international relief and
monitoring organizations. The UNHCR estimated there were 450,000 IDPs
throughout the country at year's end. The Thai-Burma Border Consortium
estimated at least 470,000 IDPs in the east, of whom 231,000 were in
temporary settlements in areas administered by ethnic nationalities,
111,000 were in hiding in remote areas, and 128,000 had followed SPDC
eviction orders and moved to designated relocation sites. The Karen,
Shan, Rohingya, and Kayah were the most affected groups. The main
causes of internal displacement were army offensives against ethnic
opposition groups, forced relocation and labor, and recruitment of
child soldiers. The Government provided little or no protection or
assistance to IDPs, many of whom were forcibly resettled under
dangerous conditions. Authorities denied humanitarian organizations
access to many IDPs in eastern regions along the Thai border on
security grounds. IDPs in these areas regularly suffered hardships as a
result of fighting between government army and insurgent groups,
according to credible observers along the border. In addition both
government army and insurgent groups frequently raped female IDPs,
according to these observers. Karen IDPs in these areas have remained
displaced for a number of years.
According to NGOs, internal conflict in Karen State displaced more
than 20,000 persons during the year. Heavy fighting broke out near
Myawaddy on November 8 and continued sporadically at year's end.
Persons in the area reported that many individuals crossed the border
into Thailand daily but returned to their homes at night when fighting
calmed down (see section 1.g.).
The UN estimated that more than 100,000 persons remained homeless
after Cyclone Giri struck Rakhine State in September. The UN Human
Settlements Program reported in June that more than 100,000 families in
the Irrawaddy Delta remained without adequate shelter following Cyclone
Nargis in 2008.

Protection of Refugees.--The country is not a party to the 1951
Convention relating to the Status of Refugees or its 1967 protocol. The
law does not provide for the granting of asylum or refugee status, and
the Government did not grant such status. The Government has not
established a system for providing protection to refugees. In practice
the Government did not provide protection against expulsion or return
of refugees to countries where their lives or freedom would be
threatened on account of their race, religion, nationality, membership
in a particular social group, or political opinion.
The UNHCR continued to negotiate for permission to work with what
the Government termed ``communities that are affected by
displacement.'' Despite the 2007 expiration of the memorandum of
understanding (MOU) between the Government and the UNHCR, the
Government continued to allow the UNHCR to provide humanitarian
assistance to Rohingya in northern Rakhine State, whom the Government
does not recognize as citizens.
A separate MOU permitted the UNHCR to work with implementing
partners in the southeast region, including parts of Karen and Mon
states and Tanintharyi Division. Under the MOU, authorities permitted
UNHCR foreign personnel to monitor their project activities in the
region.

Stateless Persons.--Citizenship is granted to anyone whose parents
are both nationals of the country as prescribed by law. In practice the
Government did not implement laws and policies to provide stateless
persons the opportunity to gain nationality on a nondiscriminatory
basis.
There are 135 officially recognized ``national races'' who qualify
for citizenship. Some members of native-born but so-called
nonindigenous ethnic populations, such as Chinese, Indians, Bengalis,
some Eurasians, and the country's Rohingya population, are not included
in the list and are denied the full benefits of citizenship based on
their nonindigenous ancestry. Of these, the Muslim Rohingya fared the
worst, with nearly all Rohingya denied any benefits of citizenship.
According to the UNHCR, there were approximately 724,000 legally
stateless persons, mostly Rohingya, residing in northern Rakhine State
near the border with Bangladesh. The Government does not recognize the
existence of the Rohingya ethnicity and claims the Muslim residents of
northern Rakhine State are the descendents of illegal immigrants from
Bangladesh who moved into the country during British colonial rule. The
Government consistently denied citizenship to most Rohingya on the
grounds their ancestors did not reside in the country for one year
prior to the start of British colonial rule in 1824, as required by the
highly restrictive citizenship law. Only Rohingya who were able to
prove long familial links to the country were eligible to apply for
naturalization.
Rohingya experienced severe legal, economic, and social
discrimination. The Government required them to receive prior approval
for travel outside their village tract of residence, limited their
access to higher education, and prohibited them from working as civil
servants, including as doctors, nurses, or teachers. Authorities
required Rohingya to obtain official permission for marriages.
The Government claimed it continued a program originally supported
by the UNHCR to issue Temporary Registration Cards (TRCs) to stateless
persons in Rakhine State. However, for years the UNHCR has not been
able to obtain statistics from the Government on the issuance of TRCs
in northern Rakhine State, where the majority of Rohingya live.
In previous years Rohingya without temporary identification cards
did not have the right to vote in the constitutional referendum.
However, in late July and August organizers of the progovernment USDP
and ward authorities in various parts of the country reportedly offered
national registration cards (NRCs) to individuals in exchange for
joining the USDP. The Government requires citizens over the age of 18
to produce NRCs when they travel, enroll in universities, and vote.
There also were reports that Deputy Minister for Home Affairs (MOHA)
Brigadier General Phone Swe (retired) went to Rakhine State in July to
issue citizenship scrutiny cards (CSCs), which serve a similar role as
NRCs in that they prove citizenship and allow access to services, to
Muslims who agreed to join the USDP. However, after some Muslims joined
the USDP, MOHA reportedly reneged, instead issuing a TRC, which does
not serve as proof of citizenship. To get the more useful CSC,
authorities reportedly told Muslims they must pay a bribe of up to
250,000 kyat ($250) to local immigration authorities.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The regime continued its systematic use of coercion and
intimidation to deny citizens the right to change their government. The
regime continued to prevent the parliament elected in 1990 from
convening.
The 2008 constitution--not yet in force at year's end--provides for
popularly elected legislators to a bicameral parliament; however, it
stipulates that at least 25 percent of the seats must be reserved for
military members appointed by the uniformed commander in chief of
Defense Services. It also bars many persons from office who had not
resided in the country for at least 10 consecutive years prior to
election, had prior misconduct the regime deemed disqualifying,
accepted assistance from a foreign government, or were entitled to
citizenship of a foreign nation. Additionally, by the constitution's
own terms, the SPDC will continue to ``exercise state sovereignty''
until the parliament is convened, which was scheduled for January 31,
2011.
Since 1962 active-duty military officers have occupied the most
important positions in the central government and in local governments,
and the regime placed active-duty or retired military officers in
senior-level positions in almost every ministry. Active-duty or retired
military officers occupied 30 of 33 ministerial-level posts, including
prime minister and the mayoral posts in Rangoon, Mandalay, and the
administrative capital Nay Pyi Taw.
In April and August, senior-level military officers, including all
supraregional and regional commanders, reportedly retired from the
military to prepare to contest the November 7 elections. The prime
minister, who previously held the rank of general in the army, and
others retained their cabinet positions. In late August there was a
massive reshuffle of top military positions. Many senior generals
retired from the military, with other generals assuming those commands.
Than Shwe and some others remained on active duty in the military and
retained their senior government positions.

Elections and Political Participation.--The country held its first
election in 20 years on November 7. Electoral laws, published on March
8, are based on the flawed 2008 constitution. Under the laws political
parties were required to compete under highly restrictive conditions
that limited campaign activities, imposed relatively high candidate
fees, and gave unusually broad powers to a government-appointed UEC to
control the activities of political parties and their members.
In early August the UEC announced there would be 330 township-based
constituencies of the lower house (People's Parliament), 168
constituencies of the upper house (National Parliament), and 665
constituencies of the regional/state parliaments. One-quarter of all
national and regional parliamentary seats were reserved for military
appointees. All levels of parliament were scheduled to convene on
January 31, 2011. A joint session of the upper and lower houses--the
Union Assembly--was to convene within 15 days of that date. In addition
the upper and lower houses each were to select a vice president, the
military members of both the upper and lower houses would select a
third vice president, and the entire bicameral parliament would select
the president from among the three vice presidents. The constitution
provides for the military to take over the Government should the
president, who must have a military background, judge the security
situation to be unstable.
After announcing the election date, the Government gave registered
political parties approximately two weeks' notice to submit names of
their candidates. Many political parties complained that the
Government's short notice did not provide them sufficient time to find
candidates and identify constituencies in which they would contest
seats.
Individual members of some prodemocratic opposition parties used
their own money to conduct campaign activities because restrictive laws
made it difficult for candidates to raise money legally. The
registration fee of 500,000 kyat ($500) per candidate was well above
the means of the average citizen.
The leader of one prodemocracy opposition party resigned in protest
because he believed the elections would not be free and fair. Other
parties, including the NLD, opted not to participate in the elections
from the beginning. Parties accused the UEC of forwarding their party
membership lists to SB police, who then visited party members at their
homes on instruction from high-level SPDC officials. The SB reportedly
requested members' biographies and two passport-size photographs.
The UEC did not approve the registration of three ethnic Kachin
political parties, reportedly because of past ties to the Kachin
Independence Army cease-fire group, which had refused to integrate into
the Government army-dominated Border Guard Force. In September the UEC
announced elections would not be held in some ethnic areas, reportedly
because of tensions over Border Guard Force problems.
The Government-backed USDP, headed by the prime minister, drew upon
the resources of the Government and government-affiliated businesses
and reportedly bribed, coerced, and intimidated citizens into signing
up for membership. It fielded candidates in nearly all constituencies.
The USDP began its unofficial election campaign in late 2009, earlier
than any other parties were permitted to engage in campaign activity.
The constitution specifies the SPDC will continue to ``exercise
state sovereignty'' and ``carry out. . . all the functions of the
parliament'' until the new parliament is convened. According to senior
government officials, the SPDC would disband after the new government
was in place.
The Government maintained tight control over the operations of
political parties and political opponents' rights to organize and
publicize their views. Persons who opposed the Government were
subjected to imprisonment, violence, and harassment, including members
of parties campaigning in the elections, despite assurances from the
Government that the process would be free and fair.
On September 14, the Government declared that the NLD and all other
parties that did not reregister according to SPDC-issued electoral laws
ceased to exist as political entities.
In the November elections, the Government-backed USDP, whose
candidates included cabinet ministers and other high-ranking government
and military officials, won approximately 77 percent of all seats, with
a reported 77 percent voter turnout. There were widespread complaints
by prodemocratic and ethnic political parties of election fraud,
especially around the use of highly suspect ``advance votes'' by the
USDP. Some ethnic political parties fared well at the regional level.
It was unclear what policy role the newly elected parliament would
play.
Ethnic cease-fire groups--many of which have agreements with the
Government--were threatened with military action unless they agreed to
come under control of the military through its Border Guard Force and
agreed to participate in the elections.
No women were in the senior ranks of political leadership. Members
of certain minority groups were denied a role in government and
politics. There were no female or ethnic minority members of the SPDC,
cabinet, or Supreme Court.
Section 4. Official Corruption and Government Transparency
The law provides for criminal penalties for official corruption;
however, the Government rarely and inconsistently enforced the
anticorruption statute, and officials frequently engaged in corrupt
practices with impunity. A complex and capricious regulatory
environment fostered corruption. Authorities usually enforced
anticorruption laws only when the regime's senior generals wanted to
take action against officials whose egregious corruption had become an
embarrassment or when they wanted to punish officials deemed a threat
to the senior generals' power.
Police corruption was a serious problem. Police typically required
victims to pay substantial sums for crime investigations and routinely
extorted money from the civilian population.
Public officials were not subject to financial disclosure laws. The
Government did not provide access to most official documents, and there
is no law allowing for it. Most government data, even routine economic
statistics, were classified or tightly controlled. Government
policymaking was not transparent, with decision making confined to the
top layers of government, and new government policies rarely were
published or explained openly.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
The Government did not allow domestic human rights organizations to
function independently, and it remained hostile to outside scrutiny of
its human rights record.
More than 60 nonpolitical, international humanitarian NGOs operated
in the country. A few others had a provisional presence while
undertaking the protracted negotiations necessary to establish
permanent operations in the country.
The Government maintained travel restrictions on foreign
journalists, NGO staff, UN agency staff, and diplomats in most regions.
Human rights advocates regularly were denied entry visas unless
traveling under the aegis of a sponsor acceptable to the Government and
for purposes approved by the Government. The Government's monitoring of
the movements of foreigners, frequent interrogation of citizens
concerning contacts with foreigners, restrictions on the freedom of
expression and association of citizens, and practice of arresting
citizens who passed information about government human rights abuses to
foreigners obstructed efforts to investigate such abuses. Reports of
abuses, especially those committed in prisons or ethnic minority areas,
often emerged months or years after the abuses allegedly were committed
and seldom could be verified.
Authorities often allowed NGO staff to travel ``unaccompanied'' to
areas affected by Cyclone Nargis in 2008 and 2009, although SB police
monitored many visits. The work of the Tripartite Core Group--composed
of the UN, the Association of South East Asian Nations, and the
Government--formed to address Cyclone Nargis-related matters, ended in
July. In August a senior government official declared the recovery
period over, and the Government announced more restrictive policies
regarding NGO travel and activities in cyclone-affected areas. Some
international NGOs and UN agencies were required to have a government
representative accompany them on field visits to other areas of the
country, at the NGO or UN expense, although this rule was not
consistently enforced. Foreign staff often experienced difficulty
obtaining permission to travel to project sites outside of the cyclone-
affected areas.
Many international humanitarian NGOs and UN agencies reported
government pressure to limit their activities, and access to human
rights activists, prisoners, and ethnic minorities by international
personnel was highly restricted. The Government reportedly asked some
personnel of international organizations to go on leave outside the
country and not to return until after the elections. Employees of these
international organizations reported difficulty getting the Government
to approve long-term visas. UN agencies and NGOs continued to negotiate
with the Government to agree on mutually acceptable guidelines for the
activities of humanitarian organizations.
On February 15-19, UN Special Rapporteur on Human Rights for Burma
Tomas Ojea Quintana visited the country. He met with several political
prisoners at Insein Prison (Rangoon), Butheedaung Prison (Rakhine
State), and Sittwe Prison (Rakhine State). He also met with
representatives from several progovernment cease-fire groups in Rangoon
and with government officials in Nay Pyi Taw. Quintana concluded there
persisted a pattern of gross and systematic human rights violations
that had continued for many years involving government officials in the
military and judiciary at all levels.
The Government generally was resistant to attempts by senior UN
officials to visit the country.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The SPDC continued to rule by decree and was not bound by any
constitutional or statutory provisions concerning discrimination based
on race, gender, disability, language, or social status.

Women.--Rape is illegal, but the Government did not enforce the law
effectively. If the victim is under 14 years of age, the sexual act is
considered rape, with or without consent. In such cases the maximum
sentence is two years' imprisonment when the victim is between ages 12
and 14, and 10 years' to life imprisonment when the victim is under 12.
Spousal rape is not a crime unless the wife is under 14.
The regime did not release statistics concerning the number of rape
prosecutions and convictions. The police generally opened and
investigated reported cases of rape. However, in ethnic areas, when
government soldiers committed rape, the army rarely took action to
punish those responsible.
Domestic violence against women, including spousal abuse, remained
a problem. Spousal abuse or domestic violence was difficult to measure
because the Government did not maintain statistics. There are no laws
specifically against domestic violence or spousal abuse (including
spousal rape), although there are laws related to committing bodily
harm against another person. The related prison terms range from one
year to life, in addition to possible fines.
Police generally were reluctant to act in domestic violence cases;
however, in cases where women sustained injuries and filed a report,
police generally took action. Punishment for men in these cases
typically was a fine but no imprisonment. The Government-affiliated
Myanmar Women's Affairs Federation (MWAF)--usually chaired by the wife
of the prime minister--sometimes lobbied local authorities, including
the police, to investigate domestic violence cases involving spousal
abuse. Since the MWAF was controlled by wives of regime leaders, police
usually investigated cases referred to them by the group.
The penal code prohibits sexual harassment and imposes fines or up
to one year's imprisonment. There was no information on the prevalence
of the problem because these crimes were largely unreported.
Couples and individuals had the right to decide the number,
spacing, and timing of children. The Government has pronatalist
policies but allows for government and private-sector clinicians to
provide contraceptives under the banner of ``birth spacing.'' There was
a significant unmet need for family planning, and the most commonly
reported barrier to accessing family planning services was cost and
availability. Reproductive health services, including the availability
of contraceptives, generally were limited to private clinics. Health
authorities heavily regulated distribution of contraceptives. Community
health workers were only allowed to advise on condoms. A client must be
seen by a midwife to get injectables or oral contraceptive pills. With
an acute shortage of midwives, this impeded access and prevalence.
According to data gathered by the UN in Rangoon, the estimated maternal
mortality ratio in the year was 240 per 100,000 live births. Women and
men were given equal access to diagnostic services and treatment for
sexually transmitted infections, including HIV.
By law women enjoy the same legal rights as men, including property
and inheritance rights; however, it was not clear if the Government
enforced the law. Women remained underrepresented in most traditionally
male occupations (e.g., mining, forestry, carpentry, masonry, and
fishing) and were effectively barred from certain professions,
including the military officer corps. Poverty affected women
disproportionately.
There were no registered, independent women's rights organizations,
although there were several groups with some relationship to the
Government. The MWAF was the leading ``nongovernmental'' women's
organization. The Myanmar Maternal and Child Welfare Association,
another government-controlled agency, provided basic health assistance
to mothers and children. The Myanmar Women Entrepreneurs' Association,
a professional society for businesswomen, provided loans to women
starting new businesses. While not controlled by the Government, the
entrepreneurs' association enjoyed good relations with the Government
and was allowed to conduct its activities to support women in business.

Children.--By law citizenship is derived through parents, both of
whom must be nationals of the country. In major cities (e.g., Rangoon
and Mandalay), birth registration was not a problem for most Burmans
who sought it. In these larger cities, births must be registered to
qualify for basic public services and obtain national identification
cards. In smaller towns and villages, birth registration was often
informal, sometimes just the village midwife recording births in a
notebook; however, it was unclear what the midwife did with that
information. Access to public services in such remote communities often
was not a problem, since the Government provided little service to
these areas. The only exception to the examples above was the Rohingya
community, where birth registration was a significant problem (see
section 2.d.).
By law education is compulsory, free, and universal through the
fourth standard (approximately age 10). However, the Government
continued to allocate minimal resources to public education, and
schools routinely charged informal fees. Rates of school attendance
were low, largely due to economic hardship.
There are laws prohibiting child abuse, but they were neither
adequate nor enforced. The Government claimed child abuse was not a
significant problem. However, accurate statistics were not available,
and some international NGOs believed the problem was more widespread
than the Government acknowledged.
The 1993 Child Law contains many provisions to protect children
from abuse, sale, and other types of exploitation. The punishment for
violators is up to two years' imprisonment or a fine of up to 10,000
kyat ($10).
Children reportedly engaged in prostitution for survival without
third-party involvement. The penalty for child prostitution is 10
years' imprisonment. The law prohibits pornography; the penalty is
three to five years' imprisonment. The law prohibits statutory rape,
punishable by two years to life in prison. In Rangoon and Mandalay,
observers noted widespread presence of female prostitutes who appeared
to be in their teens. Additionally, some brothels reportedly offered
young teenage ``virgins'' to their customers for a substantial
additional fee. Although there is no law explicitly banning child sex
tourism, article 13 of the 1949 Suppression of Prostitution Act and the
Prostitution Act prohibit pimping and prostitution, respectively, and
the penal code prohibits having sex with a minor.
The Government did not dedicate significant resources to protecting
the rights and welfare of children. Children were at high risk, as
deteriorating economic conditions forced destitute parents to take them
out of school to work in factories and teashops or to beg. Many were
placed in orphanages. With few or no skills, increasing numbers of
children worked in the informal economy or in the street, where they
were exposed to drugs and petty crime, risk of arrest, trafficking for
sex and labor exploitation, and HIV/AIDS.
The mortality rate of internally displaced children in conflict
areas was significantly higher than in the rest of the country. In
addition such children had few learning resources.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction.

Anti-Semitism.--There was one synagogue in Rangoon serving a small
Jewish congregation. There were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--There is no law providing for equal
treatment before the law and for general protection against
discrimination, including discrimination against persons with
disabilities. Under the constitution all citizens have the right to
education and health care. The Government did not actively discriminate
against persons with disabilities in employment, access to healthcare,
education, or the provision of other state services or other areas, but
there were few official resources to assist persons with disabilities.
There are no laws mandating accessibility to buildings, public
transportation, or government facilities.
The Ministry of Health is responsible for medical rehabilitation of
persons with disabilities, and the Ministry of Social Welfare is
responsible for vocational training. The Government operated three
schools for the blind, two for the deaf, two rehabilitation centers for
adults with disabilities, and two for children with disabilities.
However, the Government provided inadequate funds for its schools and
programs for persons with disabilities.
Military veterans with disabilities received benefits on a priority
basis, usually a civil service job at equivalent pay. Official
assistance to nonmilitary persons with disabilities in principle
included two-thirds of pay for up to one year for a temporary
disability and a tax-free stipend for permanent disability; however,
the Government did not provide job protection for private-sector
workers who became disabled.

National/Racial/Ethnic Minorities.--Ethnic minorities constitute
approximately 30 to 40 percent of the population, and the seven ethnic
states make up approximately 60 percent of the national territory.
Wide-ranging governmental and societal discrimination against
minorities persisted. Tension between the Government army and ethnic
populations remained high; the army occupied some ethnic groups'
territories and controlled certain cities, towns, and highways. Abuses
included reported killings, beatings, torture, forced labor, forced
relocations, and rapes of members of ethnic groups by government
soldiers. Some armed ethnic groups also may have committed abuses, but
on a much smaller scale than the Government army (see section 1.g.).
Rohingya Muslims in Rakhine State were discriminated against
because of their ethnicity. Most faced severe restrictions on their
ability to travel, engage in economic activity, obtain an education,
and register births, deaths, and marriages (see section 2.d.).
Ethnic minority groups generally used their own languages at home.
However, throughout all parts of the country controlled by the
Government, including ethnic minority areas, Burmese remained the
mandatory language of instruction in state schools, and teaching in
local languages was not offered. Even in ethnic minority areas, most
primary and secondary state schools did not offer instruction in the
local ethnic minority language. There were very few domestic
publications in indigenous minority languages.
The Government continued to resettle groups of ethnic Burmans in
various ethnic minority areas. During the year the Government
reportedly resettled groups of ethnic Burmans in Maungdaw and
Butheedaung townships in Rakhine State, giving them farmland
confiscated from Rohingya residents.
During the year there were several reports of ethnic villages being
displaced for economic development, such as the Myitsone Dam project in
Kachin State.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The penal code contains
provisions against ``sexually abnormal'' behavior, and authorities
applied them to charge gay men and lesbians who drew official
attention. The maximum sentence is 20 years' imprisonment and a fine.
Under the penal code, laws against ``unnatural offenses'' apply equally
to both men and women. Nonetheless, such persons had a certain degree
of protection through societal traditions.
There was no official or social discrimination based on sexual
orientation in employment.

Other Societal Violence or Discrimination.--There existed
discrimination against HIV-positive patients, although HIV activists
reported that awareness campaigns helped to reduce discrimination and
stigma. Some persons reportedly were reluctant to visit clinics that
treat HIV/AIDS patients for fear of being suspected of having the
disease.
Section 7. Worker Rights

a. The Right of Association.--The law permits workers to form trade
unions with the prior consent of the Government; however, no free trade
unions existed in the country. Domestic and internationally affiliated
unions are not allowed, nor is individual membership in unions.
The Government maintained its 2006 ruling criminalizing contact
with the Federation of Trade Unions-Burma (FTUB), claiming it was a
``terrorist group.''
The Government forbids seafarers who found work on foreign vessels
through the Seafarers Employment Control Division from having contact
with the Seafarers' Union of Burma--affiliated with the Government-
banned FTUB--or the International Transport Workers' Federation.
In June an individual active in assisting victims of forced labor
applied to form a trade union but was warned by police he would be
arrested if he persisted in forming ``an illegal organization.'' The
individual did not pursue the application and remained free at year's
end.
Several FTUB leaders and labor activists were freed in 2009 after
serving long-term sentences, including FTUB Central Executive Committee
members Myo Aung Thant, U Thein Aung, Kyi Thein, and Chaw Su Hlaing.
However, the whereabouts of Khin Maung Win, Ma Khin Mar Soe, Ma Thein
Thein Aye, U Aung Moe Tin Oo, U Tin Hla, and 10 FTUB organizers in the
Bago area were unknown at year's end.
Six labor activists--Thurein Aung, Kyaw Kyaw, Wai Lin (Wai Aung),
Nyi Nyi Zaw, Kyaw Win (Wanna), and Myo Min--arrested in connection with
a labor rights seminar in Rangoon and sentenced in 2007 to 20 to 28
years' imprisonment for sedition remained in prison. Labor activists
Kan Mint and Nyunt Win, arrested and tried in 2008 on a number of
charges, including links with exiled groups and sedition, were
sentenced to 11 and one-half years' and 10 years' imprisonment in
December 2008, respectively. At year's end five of the six labor
activists remained in prison; the whereabouts of Khin Maung Cho,
arrested in 2008, were unknown.
Labor activists reported at the International Labor Conference that
32 labor activists, including eight FTUB female members, remained
imprisoned.
Although the law prohibits labor strikes, a number of strikes took
place at privately owned factories in Rangoon area industrial zones
during the year. These were all of short duration, lasting less than a
day on average. By all reports these were prompted by workers seeking
wage increases or other benefits. In each case the strike was ended
through a negotiated settlement. The Government closely monitored the
strikes but did not use force to end them and appeared to have played a
role in mediating between labor and factory management.

b. The Right to Organize and Bargain Collectively.--Although the
2008 constitution provides that workers have a right to organize and
have workers' representatives, the Government generally does not allow
workers to organize or bargain collectively. However, workers'
supervision committees existed at factories in some government-
designated industrial zones to address grievances. When a dispute
cannot be resolved at the factory level, it is referred to a township
committee chaired by the township chairman. The township committee
attempts to resolve the problem through negotiation or, if necessary,
arbitration. During the period a dispute is before the supervision
committee process, the workers are required to continue their work, and
demonstrations are prohibited.
There are no export processing zones; however, there are special
military-owned industrial parks. Labor laws are applicable in all
industrial zones and across all industries, but they were not always
enforced.

c. Prohibition of Forced or Compulsory Labor.--The SPDC
Supplementary Order 2004 and Ministry of Home Affairs Order 1/99
prohibit forced or compulsory labor (except as a criminal punishment);
however, there were reports that such practices occurred. The law
provides for the punishment of persons who impose forced labor on
others. However, government and military use of forced or compulsory
labor remained a widespread and serious problem, particularly targeting
members of ethnic minority groups. Throughout the country international
observers verified that the Government routinely forced citizens to
work on roads, construction, and other maintenance projects. Citizens
also were forced to work in military-owned industrial zones.
The ILO continued to receive and investigate forced labor
complaints. During the year the ILO received 201complaints of cases of
child-soldier recruitment, an increase from 86 cases in 2009. Since the
ILO began monitoring underage recruitment in 2007, it has received 331
complaints. At year's end a total of 142 underage recruits had returned
to their families, and 120 cases were being processed for discharge. A
further 60 cases were under review, while nine lacked sufficient
evidence to advance.
The ILO reported one complaint in 2009 of internal trafficking of
100 boys ages 13 to 15 for forced labor at a horticultural plantation.
The boy who reported the case was initially abducted in Rangoon
Division and taken to the plantation. According to the ILO, the boy
escaped the plantation during the year and was home with his family; at
year's end the status of the other boys was unknown.
The Government's use of forced labor in support of military
garrisons or military operations remained serious in ethnic or
religious minority regions.
On January 2, SPDC soldiers demanded that 30 villagers from Klaw Mi
Der in Karen State retrieve rations from an SPDC base. The soldiers
forced 10 women and 20 men to make the two-hour round trip journey on
foot; they were not compensated for their work. On January 12,
government soldiers ordered villagers to porter rations for eight
hours, according to the Karen Human Rights Group. On February 9, light
infantry battalions forced 30 male villagers to porter rations six
hours in Karen State.
In May in Rangoon, the Government reportedly forced some villagers
to work on a road construction project for six days. Each person who
refused had to pay a fine of 2,000 kyat ($2) per day.
In June there were reports that 40 villagers were forced to act as
security for a camp of 180 government soldiers searching for Arakan
Liberation Army members and six government army defectors. The
villagers also had to carry the soldiers' uniforms, backpacks,
ammunition, and other equipment.
Authorities continued to use forced labor countrywide to maintain
existing civil infrastructure, including transportation and irrigation
facilities. Authorities often allowed households or persons to
substitute money or food for labor for infrastructure projects, but
widespread rural poverty forced most households to contribute labor.
Parents routinely called upon children to help fulfill their
households' forced labor obligations.
During the year the Government released most Magwe farmers
sentenced to hard labor in October 2009 on charges of trespassing after
returning to land confiscated by the Government; however, an ILO
facilitator and another individual connected with the case remained in
prison at year's end.
Although the Government took steps to address forced labor, it
remained widespread. In February the Government agreed to extend the
Supplementary Understanding of 2007 with the ILO, an agreement under
which the ILO receives forced-labor complaints, the Government
investigates such complaints, and the Government works with the ILO to
engage in awareness-raising activities. The Government willingly
participated in some joint investigations of forced-labor cases;
however, the ILO reported rare instances of persons who had filed
complaints later being charged under the Official Secrets Acts.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets a minimum age of 13 for the employment of children. The 1993
Child Law provides for the protection of children in the workplace by
classifying children ages 14 to 17 as youths and allowing them to
engage in light duties. Light duties are not defined, however, and in
practice the Child Law was not enforced. Child labor was prevalent and
highly visible. In cities child workers were found mostly in the food-
processing, street-vending, refuse-collecting, and light-manufacturing
industries and as restaurant and teashop attendants. In rural areas
children routinely worked in family agricultural activities.
Forced labor, including child forced labor, is illegal under Order
199. Nonetheless, the Government army continued to recruit and use
child soldiers. Ethnic armed groups and some cease-fire groups also
allegedly recruited child soldiers (see section 1.g.).
According to media reports, a child soldier who was illegally
recruited by an army officer in 2007 at the age of 14 was officially
discharged from the army in June with the help of ILO. The child
reported that officers and older soldiers bullied and beat child
soldiers, would not allow them to receive medical treatment, and put
them on the front lines during battles. Following battle, child
soldiers were required to do chores and were not permitted to rest.
The Ministry of Social Welfare is broadly responsible for enforcing
laws and regulations against forced labor, and the Ministry of Labor
enforced the law in industrial zones. The UN Children's Fund continued
to work with the Ministry of Labor to facilitate several interagency
meetings and workshops on the protection of children.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

e. Acceptable Conditions of Work.--Only government employees and
employees of a few traditional industries were covered by minimum wage
provisions. The Ministry of Finance and Revenue sets the minimum wage.
It was not clear what methodology or process it uses. The minimum
monthly wage for salaried public employees remained on par with the
market monthly wage of 30,000 to 45,000 kyat ($30 to $45) for what was
in effect an eight-hour workday. The rate for day laborers was 1,000
kyat ($1) per day. Various subsidies and allowances supplemented this
sum. Neither the minimum wage nor the higher wages earned by senior
officials provided a worker and family with a decent standard of
living. Low real wages in the public sector fostered widespread
corruption and absenteeism. In the private sector, urban laborers
performing unskilled work earned 1,000 to 3,000 kyat ($1 to $3) per
day, while rural agricultural workers generally earned less. Skilled
workers in the private sector tended to earn somewhat more than rural
agricultural workers and urban laborers; for example, a skilled factory
worker earned 30,000 to 50,000 kyat ($30 to $50) per month, according
to private-sector employers.
A surplus of labor, a poor economy, and the lack of protection by
the Government continued to foster substandard conditions for workers.
The law prescribes a five-day, 35-hour workweek for employees in the
public sector and a six-day, 44-hour workweek for private sector
employees, with overtime paid for additional work. Factory workers at
state-owned enterprises must work 44 to 48 hours per week, depending on
the type of factory. The law also allows for a 24-hour rest period per
week, and workers are permitted 21 paid holidays per year; however, in
practice such provisions benefited only a small portion of the labor
force, since most workers were engaged in rural agriculture or the
informal sector. The laws were generally enforced in the Government
sector, but there were frequent violations by private enterprises.
There were reports that workers at garment factories near Rangoon were
forced to work long hours without receiving overtime pay and were
dismissed for being absent from work for more than three days due to
sickness.
Numerous health and safety regulations exist, but the Government
did not enforce them. Although the law permits workers to remove
themselves from hazardous conditions, many could not expect to retain
their jobs if they did so and accepted unfavorable working conditions
as preferable to unemployment.

__________

CAMBODIA

Cambodia is a constitutional monarchy with an elected government
and a population of approximately 14 million. In the most recent
national elections, held in 2008, the Cambodian People's Party (CPP),
led by Prime Minister Hun Sen, won 90 of 123 National Assembly seats.
Most observers assessed that the election process improved over
previous elections but did not fully meet international standards. The
CPP consolidated control of the three branches of government and other
national institutions, with most power concentrated in the hands of the
prime minister. Although civilian authorities nominally controlled the
security forces, in many instances security forces acted under
directives of CPP leadership.
Members of security forces committed arbitrary killings and acted
with impunity. Detainees were abused, often to extract confessions, and
prison conditions were harsh. Human rights monitors reported arbitrary
arrests and prolonged pretrial detention, underscoring a weak judiciary
and denial of the right to a fair trial. Land disputes and forced
evictions, sometimes violent, continued. The Government restricted
freedom of speech and of the press through defamation and
disinformation lawsuits and at times interfered with freedom of
assembly. Corruption was endemic. Civil society expressed significant
concern that the draft Law on Associations and Nongovernmental
Organizations (NGOs) could seriously constrain the ability of NGOs to
operate. Domestic violence and child abuse occurred, education of
children was inadequate, and trafficking in women and children
persisted. The Government offered little assistance to persons with
disabilities. Antiunion activity by employers and weak enforcement of
labor laws continued, and child labor in the informal sector remained a
problem.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed politically
motivated killings; however, security forces reportedly committed
arbitrary killings, although fewer than in previous years.
The NGO Cambodian Human Rights and Development Association (ADHOC)
reported 12 arbitrary killings, four of which were allegedly committed
by police, three by military police officers, and five by soldiers.
Police arrested suspects in three cases.
On January 10, a local human rights organization reported that two
commune police officers in Kandal Province, Chil Sarath and Sun Vantha,
beat Lon Chhun Leng. The victim subsequently died from his injuries.
The perpetrators reportedly had a public dispute with the victim
earlier the same evening at a wedding party. The victim's family filed
a complaint with the provincial court. At year's end, the case was
pending, no hearing date had been set, and the two commune police
officers remained free.
On March 22, a group of police officers led by Nov Hach, police
chief of Me Sang District in Prey Veng Province, reportedly shot
Chhoeun Chheang during an arrest attempt. In 2005 the provincial court
had convicted Chhoeun in absentia on robbery charges and issued a
warrant for his arrest. According to a local human rights organization,
police reportedly were carrying out the warrant when the victim was
shot and then abandoned; he subsequently died from his wounds. There
was no reported investigation of the shooting.
On April 16, Sok Ry, deputy police chief of Trapeang Phlong commune
in Kampong Cham Province, allegedly shot robbery suspect Horm Vanda
during an arrest attempt. The victim's family filed a complaint with
the provincial court. At year's end, the case was pending, no hearing
date had been set, and the deputy police chief remained free.
On April 26, community activist Pech Sophon was shot and killed in
front of his house in Samlot District in Battambang Province by a group
of unknown persons. According to a local human rights organization, the
victim was an active leader in his community's land dispute with local
authorities, the military, and a private company. Police investigated
the killing but did not release information about the investigation.
On July 20, the appeals court upheld the decision of the Takeo
Provincial Court to dismiss a complaint made by the family of fisherman
Mao Sok, who died in March 2009 while in custody of the Takeo
Provincial Fishery Department.
There were no developments in the following cases: the April 2009
death of Kong La while in custody of the Mong Russei District police in
Battambang Province; the June 2009 death of Loeung Saroeun, who was
immolated by a soldier in the military's 14th Intervention Brigade in
Pursat Province; and the July 2009 death of Soy Sokhorn, who was shot
and killed by a Phnom Penh military police officer.
There were no developments in the following 2008 cases: the killing
of Buern Soksina in Preah Vihear Province, the death resulting from a
beating by security forces of a villager in Preah Vihear Province, the
death of a bystander in Phnom Penh shot by a military police officer,
the deaths of former CPP activist Cheang Sorm and Norodom Ranariddh
Party deputy chief Sok Run, or the killing of journalist Khem Sambo and
his son.
Mines dating from the Indochina conflict and Khmer Rouge period
continued to cause casualties. According to the Cambodia Mine/UXO
Victim Information System, from January to November, mines and
unexploded ordnance caused 70 deaths, 41 amputations, and 149 other
injuries. The Government's Cambodian Mine Action and Victim Assistance
Authority continued to take steps to prevent civilian casualties caused
by land mines and unexploded ordnance, including a mine clearance
program and distribution of prevention materials such as leaflets,
books, and signs. Information about the danger of mines and unexploded
ordnance is a mandatory component of student curriculum in public
schools, and provincial mine-action units conducted regular meetings
with villagers at the commune and village levels to share information.
On March 25, a mob attacked three men after the three allegedly hit
two young women and stole their motorbike in Phnom Penh. According to
press reports, police initially chased and subdued the three suspects,
but then a mob of more than 400 persons forcibly removed the suspects
from police custody and attacked them with sticks, steel pipes, and
rocks, killing two. Police stood by throughout the incident. The mob
left for dead the third man, Sok Siek, but he regained consciousness,
and police arrested him and charged him with robbery. Police declared
that they could not investigate the case of mob violence, because there
were too many persons involved and no way to determine who was
responsible, despite photographs of the attack.
During the year local organizations reported at least two other mob
killings.
There were no developments in the February 2009 killing of Hang
Heoun, accused of sorcery, in Sandan District, Kampong Thom Province.
The seven alleged perpetrators remained in pretrial detention, and no
trial date was set.
There were no developments in two other mob killings reported in
2009 or the two mob killings in 2008.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices; however,
beatings and other forms of physical mistreatment of police detainees
and prison inmates continued, although the number of incidents
decreased from 2009.
There were credible reports that military and civilian police
officials used physical and psychological torture and on occasion
severely beat criminal detainees, particularly during interrogation.
During the year nongovernmental organizations (NGOs) reported that
authorities allegedly tortured at least 111 prisoners: 93 in police
custody and 18 in prisons. Kicking, punching, and pistol whipping were
the most common methods of physical abuse, but techniques also included
electric shock, suffocation, caning, and whipping with wire. The NGOs
reported that it was not uncommon for police to torture detained
suspects until they confessed to a crime. Courts used forced
confessions as legal evidence during trial despite admissibility
prohibitions under the law.
On February 5, two persons reported that Svay Chrum District police
officers beat them while in police custody to obtain a confession for a
robbery the two claimed they did not commit. Police later released them
without charges. There was no investigation into their complaints.
On May 15, three Thnoat Chum commune police allegedly beat and
administered electric shocks to a person to obtain his confession for
street fighting. The victim, who was seriously injured and lost
consciousness as a result, claimed he was not involved in the fighting.
He filed a complaint with the provincial court, which charged one
commune police officer. At year's end, the case was pending and no
hearing date had been set; the police officer remained free.
Five persons from the village of Tumnob Teuk, who reported in 2009
that military police from the Bavel District in Battambang Province
beat, kicked, and administered electric shocks to them to extract
confessions for a robbery they claimed they did not commit, remained in
jail despite being acquitted of the robbery charges by the Battambang
Provincial Court. The prosecutor filed an appeal of the acquittals; at
year's end, no hearing date had been set.
ADHOC reported 89 cases of physical assault on civilians by local
authorities, government agents, or private bodyguards during the year,
compared with 100 cases in 2009.
There were 11 government-operated drug rehabilitation centers. Most
observers agreed that the majority of detainees in such facilities were
there involuntarily, committed to the facilities by law enforcement
authorities or family members, and that as many as one-third of
detainees were under the age of 18. Employees of the centers frequently
used involuntary methods to ``control'' detainees, including tying
detainees up or submitting them to intense exercise and electric
shocks. Government leaders acknowledged the importance of treating drug
addiction as a medical rather than criminal matter, but there was
little reported action to follow up such statements.
In contrast with 2009, there were no reported cases that the
Government forced drug addicts to accept treatment with the
controversial herbal substance Bong Sen without informed consent.
There were no new developments in the 2008 reported cases of
detainee abuse by authorities at two Ministry of Social Affairs,
Veterans, and Youth Rehabilitation (MOSAVY) rehabilitation centers. At
year's end, one center remained closed, while another was being used to
hold homeless persons and some drug users and sex workers.

Prison and Detention Center Conditions.--Prison conditions did not
meet international standards. Conditions remained harsh and at times
were life threatening. Government efforts to improve them continued to
be hampered by a lack of funds and weak enforcement. Human rights
organizations cited a number of serious problems, including
overcrowding, medical and sanitation problems, food and water
shortages, malnutrition, and poor security.
According to the Ministry of Interior Prison Department, there were
14,043 prisoners and detainees, including 915 women and 772 juveniles.
There were 25 prisons in the country, which were designed to hold
between 8,000 and 11,000 persons. There were reports at some prisons
that cells of 40 by 20 feet held up to 110 prisoners. At the
Correctional Center 1 prison, 26-by-26-foot cells held an average of 50
prisoners. In some prisons authorities used shackles and held prisoners
in small, dark cells as a form of punishment.
The Prison Department reported 83 prisoners and detainees died
while in custody. Police claimed that they investigated the deaths and
found evidence of preexisting conditions or other illness.
On January 21, the Phnom Penh Municipal Court dismissed the
wrongful death complaint filed by family of prisoner Heng Touch, who
died in 2008 after sustaining injuries in prison under suspicious
circumstances. The family did not appeal the dismissal.
There were no developments in the 2008 deaths of prisoners Yan Sok
Kea and Bun Vannarith while in police custody, or an elderly woman
confined in a MOSAVY rehabilitation facility.
The Government increased ration allowances for prisoner food and
other necessities, but allowances remained inadequate. Observers
continued to report that ration allowances for purchasing prisoners'
food sometimes were misappropriated, exacerbating malnutrition and
disease.
In most prisons there was no separation of adult and juvenile
prisoners, of male and female prisoners, or of persons convicted of
serious crimes and persons detained for minor offenses. Pretrial
detainees were routinely held together with convicted prisoners.
According to government statistics, an estimated 34 percent of
prisoners held in municipal and provincial prisons were pretrial
detainees.
Prisoners and detainees were routinely allowed access to visitors,
although rights organizations confirmed that families sometimes had to
bribe prison officials to visit prisoners or provide food and other
necessities. NGOs also confirmed accounts that prisoners whose families
bribed prison authorities received preferential treatment, including
access to visitors, transfer to better cells, and the opportunity to
leave cells during the day.
There were credible reports that officials occasionally demanded
bribes before allowing prisoners to attend trials or appeal hearings
and before releasing inmates who had served their full term of
imprisonment.
Prisoners and detainees were allowed to observe their own religion.
Complaints about alleged abuse could be submitted to judicial
authorities through lawyers without censorship; however, a large number
of prisoners and detainees could not afford legal representation. The
Government investigated such complaints and monitored prison and
detention center conditions through the Ministry of Interior's General
Department of Prisons, which produced biannual reports on the
management and development of prisons in the country. These and other
investigation reports reportedly were available to the public upon
request.
The Government generally continued to allow international and
domestic human rights groups, including the International Committee of
the Red Cross and the Office of the UN High Commissioner for Human
Rights (UNHCHR), to visit prisons and provide human rights training to
prison guards. Some NGOs reported that at times cooperation from local
authorities was limited, making it difficult to gain access to pretrial
detainees. The Ministry of Interior continued to require that lawyers,
human rights monitors, and other visitors obtain permission prior to
visiting prisoners; the ministry withheld such permission in some
politically sensitive cases. In some instances officials continued to
permit NGOs to interview prisoners in private. UNHCHR representatives
reported they usually were able to have a private meeting when
interviewing a particular prisoner of interest.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention; however, at times the Government did not respect
these prohibitions. The criminal procedures code allows for pretrial
detention of up to six months for misdemeanors and 18 months for
felonies. One in every 10 detainees in pretrial detention was held
longer than the legal time limit, sometimes without legal
representation or trial. During the year the Ministry of Interior
reported having 210 persons in pretrial detention in excess of the
legal time limit permitted for the charged offense. Additionally, some
courts lost case files during pretrial detention periods, delaying
court procedures.
ADHOC reported at least 75 cases of illegal arrest or detention
during the year. ADHOC stated that victims in 21 illegal detention
cases subsequently were freed following detainee complaints,
interventions by human rights NGOs, or payment of bribes. ADHOC
believed that the actual number of arbitrary arrests and detentions was
somewhat higher, because some victims in rural areas did not file
complaints due to difficulty in traveling to the NGO's offices or
concern for their family's security. According to ADHOC, authorities
took no legal or disciplinary actions against the persons responsible
for the illegal detentions.
Throughout the year Phnom Penh municipal authorities arrested
dozens of persons--usually the homeless, mentally ill, drug users, or
commercial sex workers--during systematic street sweeps. Detainees
typically lost all money and belongings in the course of a sweep.
Authorities called the street sweeps part of an effort to ``regulate
society.'' Occasionally authorities placed the detainees in a MOSAVY-
operated rehabilitation facility 15 miles from Phnom Penh. Detainees
were told they were free to leave but would not be provided
transportation if they left the rehabilitation center.

Role of the Police and Security Apparatus.--The General
Commissariat of the National Police, which is under the supervision of
the Ministry of Interior, manages all civilian police units. The police
forces are divided into those who have the authority to make arrests,
those without such authority, and the judicial police. Military police
were permitted to arrest civilians if the officers met the training and
experience requirements to serve as judicial police, if civilians were
on military property, or when authorized by local governments. In
practice, however, the military police sometimes engaged in regular
civilian law enforcement activities under the authority and direction
of provincial or local governments.
Police officials killed citizens and committed other abuses with
impunity, and in most cases the Government took little or no action.
The law requires police, prosecutors, and judges to investigate all
complaints, including those of police abuses; however, in practice
judges and prosecutors rarely conducted an independent investigation as
part of a public trial. Presiding judges usually passed down verdicts
based only on written reports from police and witness testimonies. In
general police received little professional training. Police who failed
to prevent or respond to societal violence were rarely disciplined.
On March 7, Oddar Meanchey forestry officials claimed that persons
from a group of 200 military families shot at them when they attempted
to remove the families from a protected forest area. The Forestry
Administration had announced the week before that it was seeking the
arrest of a village chief and a Royal Cambodian Armed Forces officer
who they claimed had illegally convinced the families to settle in the
protected area.
On March 8, villagers evicted in 2009 from disputed land in Kraya
commune, Kampong Thom Province, attempted to return to their former
farmland that had been converted into a rubber plantation owned by a
Vietnamese company. Police assigned to guard the plantation opened fire
on the villagers, wounding three, after the villagers allegedly
attacked them with knives. The provincial government had resettled the
evictees on land near the site, but villagers claimed they had not
received land suitable for planting crops.
On August 20, the Siem Reap Provincial Court convicted nine
villagers from Chi Kraeng commune of forming an illegal armed force and
sentenced them to three years in prison. The court convicted three
additional villagers from the same commune for attempting to confine
court officials and sentenced them to three years in prison. The
villagers were arrested in March 2009 during a land dispute in which
police opened fire on a crowd of protesters, injuring three. The court
revised the sentences of all 12 villagers to 17 months, equivalent to
time served, but the villagers remained in prison pending the
possibility of appeal by the prosecutor or to face additional charges.
Despite calls from the Ministry of Justice for provincial authorities
to take action against the shooters in the case, at year's end no
action had been taken.
There was no development in the June 2009 case in which a
Ratanakiri provincial police sergeant shot and wounded a villager
during a protest over an economic land concession.
There were no developments in the 2008 case of Brigade 70 Major
Meur Bora, who reportedly beat two men following a minor traffic
accident, or in the 2008 case of an alleged government bodyguard who
shot and killed a woman in a bar.

Arrest Procedures and Treatment While in Detention.--The law
requires police to obtain a warrant from an investigating judge prior
to making an arrest, but police may arrest without a warrant anyone
caught in the act of committing a crime. The law allows police to take
a person into custody and conduct an investigation for 48 hours,
excluding weekends and government holidays, before charges must be
filed. In felony cases of exceptional circumstances prescribed by law,
police may detain a suspect for an additional 24 hours with the
approval of a prosecutor. However, authorities routinely held persons
for extended periods before charging them. There was a functioning bail
system; however, many prisoners, especially those without legal
representation, had no opportunity to seek release on bail. Under the
criminal procedures code, accused persons may be arrested and detained
for up to 24 hours before being afforded access to legal counsel, but
prisoners routinely were held for several days before gaining access to
a lawyer or family members. According to government officials, such
prolonged detention largely was a result of the limited capacity of the
court system.
On May 29, police in Phnom Penh arrested Leang Sokchhoeun and
reportedly held him incommunicado for 33 hours, during which time he
was also transported to Takeo Province. Leang's lawyer and family
reported making multiple requests to speak with Leang after the
expiration of the 24-hour detention period permitted by law, but police
denied all requests (see also section 2.a.).
There were no developments in the case of police officer Priep Pov,
who remained in hiding after he was sentenced in absentia to one year
in prison in April 2009.

Amnesty.--The king may grant amnesty in certain cases, which he
often does during important Buddhist religious ceremonies and national
holidays. The Ministry of Interior reported that King Norodom Sihamoni
pardoned 154 persons during the year.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, but the Government generally did not respect
judicial independence in practice. The courts were subject to influence
and interference by the executive branch, and there was widespread
corruption among judges, prosecutors, and court officials.
A lack of resources, low salaries, and poor training contributed to
a high level of corruption and inefficiency in the judicial branch, and
the Government did not provide for due process.
Observers reported that many cases were pending due to a shortage
of judges and courtrooms. Observers also speculated that court
officials might have been focusing on cases from which they could gain
financial benefits.
There remained a critical shortage of trained lawyers, particularly
outside Phnom Penh. Persons without means to secure counsel were often
effectively denied the right to a fair trial. According to the bar
association, approximately 30 percent of the country's 751 lawyers
provided pro bono legal counsel to poor persons, which was inadequate
to cover the basic legal rights of all of the country's poor.
Sworn written statements from witnesses and the accused usually
constituted the only evidence presented at trials. The accused person's
statements sometimes were coerced through beatings or threats, and
illiterate defendants often were not informed of the contents of
written confessions that they were forced to sign. In cases involving
military personnel, military officials often exerted pressure on judges
of civilian criminal courts to have the defendants released without
trial.
Court delays or corrupt practices often allowed accused persons to
escape prosecution. Government officials or members of their families
who committed crimes often enjoyed impunity.
In many criminal cases, rich or powerful defendants, including
members of the security forces, usually paid money to victims and
authorities to drop criminal charges against them. Authorities were
known to urge victims or their families to accept financial restitution
in exchange for dropping criminal charges or failing to appear as
witnesses.

Trial Procedures.--Trials are public. Juries are not used; the
presiding judge possesses the authority to pass a verdict. Defendants
have the right to be present and consult with an attorney, confront and
question witnesses against them, and present witnesses and evidence on
their own behalf. In felony cases, if a defendant cannot afford an
attorney, the court is required to provide the defendant with free
legal representation; however, the judiciary often lacked the resources
to provide legal counsel, and most defendants sought assistance from
NGOs or went without legal representation. Trials based on the civil
code system typically were perfunctory, and extensive cross-examination
usually did not take place. Defendants and their attorneys have the
right to examine government-held evidence relevant to their cases;
however, on rare occasions it was difficult for them to obtain such
access, especially if the case was political or involved a high-ranking
government official or well-connected member of the elite.
Defendants are entitled by law to the presumption of innocence and
the right of appeal, but due to pervasive corruption, defendants often
were expected to bribe judges to secure a favorable verdict. A
citizen's right to be present at his appeal often was limited by
difficulty in transferring prisoners from provincial prisons to the
appeals court in Phnom Penh. Consequently, more than half of all
appeals were heard without the presence of the defendant.
There was no development in the case of Thach Saveth. In 2009 the
appeals court upheld Thach's 2005 conviction for killing labor leader
Ros Sovannareth. Thach's lawyer appealed to the Supreme Court; as of
year's end, no trial date had been set. Many observers, including local
NGOs and the International Labor Organization (ILO), reported
procedural irregularities in the case and a lack of evidence linking
Thach to the crime.
There were no developments in the case of Born Samnang and Sok Sam
Oeun, who remained free on bail after the Supreme Court remanded their
case to the appeals court in 2008. The two were convicted in 2004 for
the killing of labor leader Chea Vichea. The case remained with the
appeals court for reinvestigation and retrial.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--The country has a
judiciary in civil matters, and citizens are entitled to bring lawsuits
seeking damages for human rights violations. Generally, there are both
administrative and judicial remedies. Enforcing a court order for a
civil or criminal case often was a problem. Persons sporadically turned
to vigilante justice.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law provides for the privacy of residence and
correspondence and prohibits illegal searches; however, observers
reported that police routinely conducted searches and seizures without
warrants.
There continued to be reports of authorities entering private
properties without proper judicial authorization. Due to forced
collectivization during Khmer Rouge rule and the return of hundreds of
thousands of refugees, land ownership was often unclear. The land law
states that any person who peacefully possessed private or state
private property (not state public land) without contention for five
years prior to the 2001 promulgation of the law has the right to apply
for a definitive title to that property. Most of the country's
impoverished population continued to lack the knowledge and means to
obtain adequate formal documentation of land ownership.
Provincial and district land offices continued to follow pre-2001
land registration procedures, which did not include accurate land
surveys and opportunities for public comment. The Cadastral Commission
failed to implement the identification and demarcation of state land,
leading to land conflicts, arbitrary evictions, and ill-defined,
uncontrolled state development. Land speculation, often in the form of
land concessions, continued to fuel disputes in every province and
increased tensions between poor rural communities and speculators.
Urban communities faced forced eviction to make way for commercial
development projects.
The Cadastral Commission continued to perform its functions slowly.
The courts remained responsible for resolving disputes in cases where
land was registered or disputants were given land titles. The National
Authority for Land Dispute Resolution was ineffective, and confusion
existed over its jurisdiction, which overlapped with that of the
national and provincial cadastral commissions. Implementation of social
land concessions for landless citizens was limited.
Cases of inhabitants being forced to relocate continued to occur
when officials or businesspersons colluded with local authorities; the
number of cases reported increased from 2009. Some persons also used
the court system to intimidate the poor and vulnerable into exchanging
their land for compensation below market value. ADHOC reported
receiving 202 land-related cases during the year. During the same
period, another NGO received 75 land-related cases in Phnom Penh and 13
provinces, affecting 7,040 families. The poor often had no legal
documents to support their land claims and lacked faith in the judicial
system. Some of those expelled successfully contested these actions in
court, but the majority of the cases in the courts were being processed
at year's end.
On March 19, violence broke out when authorities tried to carry out
a Supreme Court-ordered eviction of families from a 162-acre plot of
land in Udong District, Kampong Speu Province. Kuo Sheng, the Taiwanese
owner of Meng Keth Company, claimed that he purchased 551 acres of land
from 1997 to 2000 to plant trees and build a factory. A representative
of the company stated that it would compensate villagers who could show
a copy of their land documents. Village representatives insisted that
none of the villagers sold their land to the company. Police and
villagers attacked one another when the authorities attempted to evict
villagers with force.
On May 25, a group of military police, provincial police, and
soldiers burned the houses of more than 100 villagers in O'Ampil
Village, Anlong Veng District, Oddar Meanchey Province. Authorities
claimed that the land was part of the Kulen Prumtep Wildlife Sanctuary
and that a court ordered the eviction. Military and police agents
burned the homes after the villagers refused to leave. Villagers
maintained that they purchased the land from the Ministry of
Environment in 2000 and that the eviction order should not have been
enforced because there were cases pending in the court.
In July 42 HIV/AIDS-affected families that were forcibly relocated
from the Borei Keila neighborhood in Phnom Penh to the Tuol Sambo
resettlement site in June 2009 received new concrete houses built by
the NGO Caritas Cambodia. NGOs reported that six families entitled to
apartments at Borei Keila had not yet received them.
In March Sam Rainsy Party parliamentarian Son Chhay received a
court order from the Siem Reap Provincial Court instructing him to
vacate his land. The Supreme Court upheld a 2009 lower-court decision
ordering Son Chhay to sell 7.8 acres of his land to a government agency
for an amount reportedly below the market price.
There were no developments in the case of Chea Sam Ath, who
allegedly posed as a local village chief and ordered soldiers to shoot
villagers protesting eviction in Malai District, Banteay Meanchey
Province, in 2008. The investigation continued; Chea Sam Ath reportedly
relocated to Oddar Meanchey Province.
In May the Ratanakiri Provincial Court announced that it would
appoint a new judge, the third in the long-running dispute between
Jarai ethnic minority villagers from Kong Yu and Kong Thom and
businesswoman Keat Kolney. The villagers had filed a civil complaint
against Keat Kolney, accusing her of tricking them into thumbprinting
transfer documents for 1,112 acres of land in Pate commune, O'Yadau
District, Ratanakiri Province, in 2004. At year's end, the civil case
remained unresolved.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press; however, these rights were not
always respected in practice.
The constitution requires that free speech not adversely affect
public security. The constitution also declares that the king is
``inviolable,'' and a Ministry of Interior directive conforming to the
defamation law reiterates these limits and prohibits publishers and
editors from disseminating stories that insult or defame government
leaders and institutions.
The 1995 press law prohibits prepublication censorship or
imprisonment for expressing opinions. However, the Government continued
to use the older UN Transitional Authority in Cambodia (UNTAC) law to
prosecute journalists and others on defamation, disinformation, and
incitement charges. A 2006 amendment to the UNTAC law eliminates
imprisonment for defamation but not for incitement or spreading
disinformation, which carry prison sentences of up to three years.
Judges also can order fines, which may lead to jail time if not paid.
On March 12, the Phnom Penh Municipal Court charged opposition
party leader Sam Rainsy with disinformation and forgery of public
documents under articles 62 and 49 of the UNTAC law. The Government
charged that maps presented by Rainsy in February during his public
commentary about border demarcation with Vietnam were falsified.
Although Rainsy remained in self-imposed exile in France, on September
23, the court convicted Rainsy in absentia, sentencing him to 10 years
in prison, a fine of five million riels (approximately $1,180), and
additional compensation of 60 million riels ($14,150).
Also in March, Kao Kim Hourn, Ministry of Foreign Affairs secretary
of state and president of the University of Cambodia, filed a
defamation complaint against Bun Tha, editor in chief of the newspaper
Khmer Amatak (Immortal Khmer), for publishing articles criticizing fees
charged to scholarship applicants at the university. The articles
claimed the fees were unfair and implied corruption might be involved.
Kao Kim Hourn stated in his complaint that the editor failed to seek
comment from the university for the articles and that the fees had a
legitimate use in funding housing for scholarship recipients and paying
teacher salaries. The case was withdrawn in August, after the editor
wrote an apology to Kao Kim Hourn.
On May 29, police from the Ministry of Interior's Internal Security
Department arrested Leang Sokchoeun, an employee of a local human
rights NGO, on charges of disinformation, allegedly in connection with
a series of leaflet distribution activities in Takeo Province. The
leaflets reportedly contained criticism of the relationship between the
Government and Vietnam; the prosecutor claimed that the content was
insulting to the Government and to former king Norodom Sihanouk. Leang
maintained his innocence and said he had only a tenuous connection to
others allegedly involved in the incident. On August 30, the Takeo
Provincial Court convicted Leang and three others on disinformation
charges and sentenced Leang to two years in prison. Leang's family
appealed the verdict; at year's end, no date to hear the appeal had
been set.
On December 19, the Phnom Penh Municipal Court convicted Seng
Kunnaka of the UN World Food Program in Phnom Penh and sentenced him to
six months in prison. He was charged with incitement under article 495
of the new penal code for printing and sharing a Web article critical
of senior government officials. At year's end, Seng was serving his
sentence in prison.
There were developments in several 2009 cases during the year. On
January 27, the Svay Rieng Provincial Court convicted Sam Rainsy in
absentia on charges of inciting racial hatred and destruction of public
property in connection with an October 2009 incident in which a group
of villagers uprooted wooden stakes demarcating the border with
Vietnam. The court sentenced Rainsy to two years in prison and a fine
of eight million riels ($1,890). The court also convicted two villagers
who participated in uprooting the border stakes and sentenced each to
one year in prison. Rainsy and the villagers appealed the decisions. On
October 5, the appeals court upheld the lower court verdict and
sentence against Rainsy. The verdict against the villagers was also
upheld, but the remainder of their one-year sentences was suspended,
and the villagers were released after serving nearly 10 months in
prison. Rainsy appealed his verdict to the Supreme Court; as of year's
end, no trial date had been set.
Also in January the Government granted permission for the pro-
opposition newspaper Moneaksekar Khmer (Khmer Conscience) to resume
publication after a six-month hiatus. The Government had accused editor
Dam Sith of defamation, disinformation, and incitement but dropped the
charges after Dam Sith apologized and closed the newspaper in June
2009.
On April 13, the Government agreed to the king's pardon of Hang
Chakra, the publisher of the pro-opposition newspaper Khmer Machas Srok
(Khmer Owners of the Land). Hang served nine months of a 12-month
sentence for disinformation in connection with a series of articles
that alleged corruption among Deputy Prime Minister Sok An's advisers
and staff.
On June 2, the Supreme Court upheld the defamation verdicts of the
trial court and appeals court against opposition parliamentarian Mu
Sochua. Prime Minister Hun Sen sued Mu in April 2009, stating that
comments Mu made in a press conference and her subsequent efforts to
attract international support defamed him. The court ordered Mu to pay
a fine of eight million riels ($1,890) plus compensation to the prime
minister of 8.5 million riels ($2,000), but Mu refused to pay. On July
15, the Phnom Penh Municipal Court asked the National Assembly to dock
Mu's salary as a lawmaker to cover the compensation owed to the prime
minister; the National Assembly approved the request on July 29 and
began deducting four million riels per month from Mu's salary. On
August 9, the court issued a similar request to dock Mu's salary to
cover the fine owed in the case, which also was approved.
In a continuation of the 2008 defamation suit filed in France by
Foreign Minister Hor Namhong against Sam Rainsy, on May 20, the French
appeals court upheld the January 2009 guilty verdict against Rainsy and
ordered him to pay 2,000 euros ($2,650) to the foreign minister.
All major political parties had reasonable and regular access to
the print media. All major Khmer-language newspapers received financial
support from political parties and were politically aligned. There were
an estimated 20 Khmer-language newspapers published regularly. In prior
years at least four major newspapers supported opposition parties.
During the year, due in part to financial difficulties, only one pro-
opposition newspaper was publishing regularly. Another pro-opposition
media outlet maintained a Web site but only sporadically published a
newspaper. Although the three newspapers with the largest circulations
were considered pro-CPP, most newspapers criticized the Government,
particularly on corruption and land grabbing. The prime minister,
royalist party leaders, and opposition party leaders frequently came
under attack.
The Government, military forces, and ruling political party
continued to dominate the broadcast media and influence the content of
broadcasts. There were nine domestic television stations and
approximately 50 radio stations. All television stations and most radio
stations were controlled or strongly influenced by the CPP, although a
few were independent or aligned with other parties. On July 8, the pro-
CPP Deum Ampil (Tamarind Tree) media outlet, which included a daily
newspaper, Web site, and radio station, closed after a dispute between
publisher Soy Sopheap and the outlet's principal financial backer.
Several days later the financial backer, the owner of a large
development company, opened a new progovernment media outlet under the
name Nokor Wat Media Center.
Journalists, publishers, and distributors were also subject to
other forms of harassment and intimidation, including claims of illegal
temporary detention, and most reporters and editors privately admitted
to some self-censorship due to fear of government reprisals.
In March, Rin Bora, a soldier from Battalion 503, seriously
assaulted Reaksmey Kampuchea journalist Vong Thou for allegedly taking
unfavorable photographs of gambling in the Poipet area. After the
journalist filed a complaint with police, the perpetrator admitted the
crime. The journalist dropped his complaint after Rin Bora apologized
and paid civil compensation; the Government did not pursue criminal
action after the civil complaint was dropped.
The Government-controlled national television and radio stations
broadcast live segments of the verdict in the first trial at the Khmer
Rouge Tribunal (see section 5) and taped National Assembly sessions;
however, in some instances National Assembly broadcasts were heavily
edited. National radio and television stations broadcast some human
rights, social action, public health, education, and civil society
programming produced by domestic NGOs.

Internet Freedom.--There were no reports that the Government
monitored e-mail or Internet chat rooms. Individuals and groups could
engage in the peaceful expression of views via the Internet, including
by e-mail.
According to the Ministry of Posts and Telecommunications, there
were 173,675 Internet subscribers, approximately 1 percent of the total
population. Most subscribers were in Phnom Penh and Siem Reap. In urban
areas Internet access was widely available through Internet cafes.

Academic Freedom and Cultural Events.--In general there were no
legal impediments to academic freedom. However, scholars tended to be
careful when teaching politically related subjects due to fear of
offending politicians.
In July the Ministry of Education banned two general knowledge
textbooks by Pen Puthsphea. Both books contained questions and answers
referring to corruption within government as an impediment to
development in the country and alleged that the Government does not
respect human rights. Police and other government authorities collected
copies of the books on sale in bookstores and warned vendors not to
display or sell the volumes. Pen stated that he received anonymous
telephone threats.
In contrast with 2009, there were no reports of government
restrictions on cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of peaceful assembly,
but at times the Government did not respect this right in practice.
On January 13, the Ministry of Education prohibited the assembly on
school grounds of teachers, education officers, and school leaders to
discuss social conditions or political topics. The order states that
gatherings for such purposes are a violation of the national law on
education.
The law requires that a permit be obtained in advance of a protest
march or demonstration. One provision requires five days' advance
notice for most peaceful demonstrations, while another requires 12
hours' notice for impromptu gatherings on private property or at the
peaceful protest venue in each province and limits such gatherings to
200 persons. By law provincial or municipal governments hold primary
responsibility for deciding whether to issue demonstration permits. In
practice, particularly in Phnom Penh, lower-level government officials
believed the national government to be the deciding authority and
denied requests unless the national government specifically authorized
the gatherings. The Government routinely did not issue permits to
groups critical of the ruling party or of countries with which the
Government had friendly relations. Authorities cited the need for
stability and public security as reasons for denying permits. However,
the law does not define the terms stability or public security to
assist authorities in implementing the law. Police forcibly dispersed
groups that assembled without a permit, in some instances causing minor
injuries to some demonstrators.
On March 1, police from Phnom Penh's Dangkor District prevented a
group of more than 100 villagers from marching to the prime minister's
residence in Takhmao to draw attention to their continuing land dispute
with Ministry of Interior official In Samon. Police arrested eight
villagers, detaining them for hours and threatening imprisonment, until
the villagers agreed to thumbprint documents dropping their complaints
over the land. Observers from several human rights organizations also
reported that police temporarily confiscated their cameras and deleted
all pictures of the day's events before returning the cameras.
On August 8, officials forcibly dispersed a gathering of more than
50 villagers from Battambang Province who assembled in front of the
prime minister's home in Phnom Penh to protest a land dispute between
400 families and members of the military. Unidentified plainclothes
officials dragged villagers from a park and forced them to board a bus
chartered by the Government to return the villagers to Battambang. In
some cases officials shoved and crushed villagers into the bus with
little regard for safety. The bus then reportedly dropped the villagers
nearly 20 miles from their community.
During the year ADHOC reported 183 protests, most of which were
related to land or labor disputes.

Freedom of Association.--The constitution provides for freedom of
association, and the Government generally respected this right in
practice; however, the Government did not effectively enforce the
freedom of association provisions of the law (see section 7.a.).
Membership in the Khmer Rouge, which ruled the country from 1975 to
1979 and after its overthrow conducted an armed insurgency against the
Government, is illegal, as is membership in any armed group.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees. In December
2009 the Government issued a subdecree by which it assumed sole
responsibility for the refugee-status determination process, taking
final control of what had been a jointly managed process with the UNHCR
since 2008. The UNHCR continued to provide training and other technical
assistance, and it participated in interviews and made recommendations
to the Government on asylum cases.
A 2005 memorandum of understanding with the UNHCR and the
Government of Vietnam to resolve the situation of Montagnards under
UNHCR protection remained in effect. Asylum seekers who reached the
UNHCR Phnom Penh office were processed with government cooperation.
During the year two Montagnards and 47 other new arrivals sought
asylum; in addition, two children were born to asylum seekers in the
country, one Montagnard and one non-Montagnard. According to the UNHCR,
12 Montagnards and two other refugees departed for a third country,
while authorities returned seven rejected Montagnard asylum seekers to
Vietnam. There were 65 Montagnards in the remaining UNHCR protection
site in Phnom Penh, which was a limited-access site; Montagnard
refugees and asylum seekers there under UNHCR protection could leave
only with UNHCR permission and escort. According to the UNHCR, during
the year no refugees requested local integration.
The Government generally provided protection against the expulsion
or return of refugees to countries where their lives or freedom would
be threatened on account of their race, religion, nationality,
membership in a particular social group, or political opinion.
There were no reported cases of government abuse or mistreatment of
refugees or asylum seekers, and restriction of movement was applied
only in the case of the Montagnards under the special processing
agreement.
There were no developments in the case of the 20 Uighur asylum
seekers forcibly deported to China in December 2009.

Stateless Persons.--The country had habitual residents who were de
facto stateless, and the Government did not effectively implement laws
or policies to provide such persons the opportunity to gain
nationality. Under the nationality law, citizenship may be derived by
birth from a mother and father who are not ethnic Cambodians if both
were born and living legally in Cambodia, or if either parent has
acquired Cambodian citizenship.
A 2007 study commissioned by the UNHCR estimated that several
thousand potentially stateless persons lived in the country. However,
the study's estimates came from anecdotal evidence from NGOs, and local
UNHCR representatives did not consider the figure conclusive. The most
common reason for statelessness was lack of proper documents from the
country of origin.
The UNHCR stated that the country's potentially stateless
population included mostly ethnic Vietnamese. According to an NGO,
individuals without proof of nationality often did not have access to
formal employment, education, marriage registration, the courts, and
land ownership.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens generally exercised this right in
practice through periodic elections on the basis of universal suffrage.
Suffrage is voluntary for all citizens age 18 years and older.

Elections and Political Participation.--The most recent national
elections, held in 2008 for the National Assembly, were peaceful
overall, with a process that was generally considered an improvement
over past elections. However, observers noted that the elections did
not fully meet international standards. Although some election day
irregularities persisted, they were low in number and did not appear to
affect the outcome or distort the will of the electorate.
In May 2009 the country held indirect elections for 374 provincial
and 2,861 district council seats for the first time in its history as
part of the Government's decentralization and deconcentration
initiative. Voting was limited to the 11,353 commune councilors elected
in the 2007 commune elections. The CPP won 302 provincial seats and
2,249 district seats; the remainder were split among various royalist
and opposition parties.
Parties could register, and individuals were free to declare their
candidacy without restrictions.
Some NGOs and political parties alleged that membership in the
dominant CPP party provided advantages, such as gifts or access to
government emergency aid.
Traditional culture limited the role of women in government;
however, women took part in the May 2009 indirect provincial and
district council elections. There were 28 women in the 123-seat
National Assembly and nine women in the 61-seat Senate. There was a
female deputy prime minister and 45 female ministers, secretaries of
state, undersecretaries of state, and National Election Commission
officials. Women also served as advisers, and there were 31 female
judges and prosecutors in the municipal and provincial courts, appeals
court, and Supreme Court. Although there were no female governors, the
Government appointed women as deputy governors in all of the 23
provinces and the Phnom Penh Municipality. The National Election
Committee reported that women held 15 percent of commune council seats,
13 percent of district council seats, and 10 percent of provincial
council seats.
There were five members of minorities--four Cham and one other
ethnic minority--in the National Assembly. There also were three
members of minorities in the Senate. At least eight officials in senior
positions in the Government were from minority groups.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
officials frequently engaged in corrupt practices with impunity.
On January 20, the Government promulgated a new penal code that
defines various corrupt acts and specifies the applicable penalties for
such acts. The penal code entered into full effect on December 21. On
April 17, the Government promulgated an anticorruption law, which
provides the statutory basis for the establishment of a National
Council against Corruption and an anticorruption unit to receive and
investigate corruption complaints. Pursuant to the law, the Government
appointed 11 council members in June. Fourteen investigators for the
anticorruption unit were appointed in August, and it began receiving
complaints the same month.
Corruption was considered endemic and extended throughout all
segments of society, including the executive, legislative, and judicial
branches of government. There were reports that police, prosecutors,
investigating judges, and presiding judges received bribes from owners
of illegal businesses. Reported public experience with corruption was
widespread, indicating many corrupt practices were not hidden. Meager
salaries contributed to ``survival corruption'' among low-level public
servants, while a culture of impunity enabled corruption to flourish
among senior officials. In April the Phnom Penh Municipal Court
convicted and sentenced a Justice Ministry official to eight years in
prison for accepting bribes.
Under the anticorruption law, public servants are subject to
financial disclosure provisions.
The National Archives Law allows unlimited access to informational
documents in the public archive. However, the law grants access to
other unspecified government documents only after 20 years, and
documents affecting national security and preservation of personal
lives may be released only after 40 and 120 years, respectively. Some
NGOs reported that in practice it was difficult for them to access
information; the Government frequently did not or could not answer
requests for information.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
often cooperated with human rights workers in performing their
investigations; however, there were multiple reports of lack of
cooperation and, in some cases, intimidation by local government
officials.
There were approximately 40 human rights NGOs in the country, but
only a small portion of them were actively involved in organizing
training programs or investigating abuses.
Domestic and international human rights organizations faced threats
and harassment from local officials. These took the form of
restrictions on and disruptions of gatherings sponsored by NGOs, verbal
intimidation, threats of legal action, and bureaucratic obstruction.
NGO public interest lawyers reported being denied access to detained
clients in some human rights abuse cases, and an NGO reported that
government officials warned that the NGO's representatives might be
charged with disinformation and incitement if they spoke to the media
about the cases.
On January 1, ADHOC employees returned to work in Ratanakiri
Province, after they had departed in August 2009 following statements
by a local judge that charges would be deferred if they left the
province. No additional charges were filed against the workers upon
their return, although an investigation continued in the land dispute
involving local villagers, including original charges filed in 2009
against the ADHOC employees.
On December 15, the Government released for public comment a draft
Law on Associations and Nongovernmental Organizations. International
and domestic NGOs expressed significant concerns about the draft law,
which includes language that imposes burdensome reporting requirements
on NGOs, prevents associations with fewer than 21 members from
attaining legal status, erects burdensome barriers to the registration
of foreign NGOs, requires foreign NGOs to collaborate with the
Government, and outlaws unregistered NGOs without adequate due
diligence. Foreign governments expressed concern that the proposed law
would greatly increase the Government's regulation of both civil
society and foreign NGOs.
There were no developments in the 2009 cases involving three
employees of the local NGO Independent Democracy of Informal Economic
Association and one Sam Rainsy Party commune councilor charged with
incitement. All of those arrested remained free on bail and were
awaiting trial; no date had been set by year's end.
The Government cooperated with international governmental bodies
and permitted visits by UN representatives. The UN special rapporteur
for human rights in Cambodia, Surya Subedi, made visits in January and
June, during which Subedi met with the prime minister and other senior
government officials.
The Government had three human rights bodies: two separate
Committees for the Protection of Human Rights and Reception of
Complaints--one under the Senate and another under the National
Assembly--and a Cambodian Human Rights Committee that reported to the
prime minister's cabinet. The committees did not have regular meetings
or a transparent operating process. The Cambodian Human Rights
Committee submitted government reports for participation in
international human rights review processes, such as the Universal
Periodic Review, and issued responses to reports by international
government bodies, but it did not conduct independent human rights
investigations. Credible human rights NGOs considered the Government
committees to have limited efficacy.
The Government hosted the hybrid Extraordinary Chambers in the
Courts of Cambodia (ECCC), which was administered jointly with the UN
to try Khmer Rouge leaders and those most responsible for the abuses of
the Khmer Rouge period. There were no allegations of corruption in the
court's administration during the year. Some observers believed that
public comments by government leaders on matters related to the ECCC's
jurisdictional mandate constituted a form of political interference;
however, there was no evidence that the work of the court was inhibited
in any way, and national authorities successfully fulfilled their
responsibilities to apprehend and hand over to the tribunal all
individuals indicted by the ECCC.
On July 26, the ECCC convicted Kaing Guek Eav (alias Duch), the
former Khmer Rouge director of the S-21 torture prison (Tuol Sleng) who
was charged with crimes against humanity and grave breaches of the 1949
Geneva Convention (war crimes), premeditated murder, and torture. The
court sentenced him to 35 years in prison but subtracted five years to
compensate for the period of unlawful detention that Duch spent in
military detention. With 11 years already served, Duch therefore faced
an additional 19 years in prison. The defense counsel announced it
would appeal the verdict to the ECCC's Supreme Court Chamber, on the
grounds that Duch does not fit into the category of persons over which
the court has jurisdiction. The prosecution also submitted an appeal,
on the grounds that the sentence was inadequate. On September 16, the
court issued a closing order, or indictment, against the four other
detained Khmer Rouge senior leaders charging them with crimes against
humanity, war crimes, and genocide. The court also continued
investigations of five unnamed persons.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, gender,
disability, language, or social status; however, the Government did not
generally protect these rights.

Women.--The law prohibits rape and assault; nevertheless, local and
international NGOs reported that violence against women, including
domestic violence and rape, was common. Rape is a criminal offense and
punishable by a prison sentence of between five and 10 years, according
to the UNTAC law. A case of spousal rape may be prosecuted as ``rape,''
``causing injury,'' or ``indecent assault'' under the UNTAC law. Under
the 2005 domestic violence law, spousal rape may fall within the
definition of domestic violence that includes ``sexual aggression.''
Charges for spousal rape cases under the UNTAC law and the domestic
violence law were rare. The domestic violence law criminalizes domestic
violence but does not specifically set out penalties. However, the
UNTAC law on battery and injury can be used to penalize domestic
violence offenses, with penalties ranging from two months' to five
years' imprisonment.
According to one NGO, there were 501 cases of rape and 546 cases of
domestic violence during the year; courts tried 180 of these cases. A
different NGO documented 162 cases of domestic violence affecting 164
victims and 74 cases of rape affecting 76 victims in 13 provinces and
Phnom Penh by the end of November. Five cases of domestic violence and
three cases of rape resulted in the deaths of eight victims. During the
year the Ministry of Interior's antitrafficking department investigated
428 cases of violence against women and children, resulting in the
arrest of 377 perpetrators and rescue of 423 victims. Of the 428 cases,
328 were for rape and attempted rape. The ministry reported that three
cases of rape resulted in the death of four victims. The number of
cases likely underreported the scope of the problem, due to ineffective
enforcement, inadequate crime statistics reporting, and the fact that
women were afraid to make complaints against perpetrators. NGOs
reported that enforcement of the domestic violence law was weak,
authorities continued to avoid involvement in domestic disputes, and
victims frequently were reluctant to pursue formal complaints.
There were no developments in the November 2009 case of a 19-year-
old woman reportedly raped by a police officer while another held her.
Prosecution stalled, and the perpetrators remained free at year's end.
The Government supported NGOs that provided training for poor women
vulnerable to spousal abuse, prostitution, and trafficking. A local
media center, an NGO, and the Ministry of Women's Affairs produced
programming on women's matters. NGOs provided shelters for women in
crisis.
The Government used the 2008 Law on the Suppression of Human
Trafficking and Sexual Exploitation to prosecute sex tourists.
The labor law has provisions against sexual harassment in the
workplace but does not specify penalties. There was no information on
the rate of incidence.
Couples and individuals could decide the number, spacing, and
timing of their children, and they had the information and means to do
so free from discrimination. Women had access to contraception and
prenatal care as well as skilled attendance at delivery and postpartum
care, but access was often limited due to income and geographic
barriers. According to 2008 UN estimates, the maternal mortality ratio
in 2008 was 290 deaths per 100,000 live births. Women were given equal
access to diagnostic services and treatment for sexually transmitted
infections, including HIV.
The constitution provides for equal rights for women, equal pay for
equal work, and equal status in marriage. However, a UN report
criticized the continued teaching of a ``Women's Law'' in the primary
school curriculum that it claimed legitimized an inferior role for
women in society. For the most part, women had equal property rights,
the same legal status to bring divorce proceedings, and equal access to
education and some jobs; however, cultural traditions continued to
limit the ability of women to reach senior positions in business and
other areas. Women often were concentrated in low-paying jobs and were
largely excluded from management positions. Men made up the vast
majority of the military, police, and civil service.
The Ministry of Women's Affairs, mandated to protect the rights of
women and promote gender equality in society, continued its Neary
Ratanak (Women as Precious Gems) program. The program aimed to improve
the image of women through gender mainstreaming, enhanced participation
of women in economic and political life, and protection of women's
rights. Sixteen government ministries continued gender mainstreaming
action plans with support from the UN Development Program and in close
collaboration with the Ministry of Women's Affairs. The Government
reported that women held 50 percent of wage employment jobs in
agriculture and the industrial sector and 37 percent of jobs in the
service sector, a benchmark set in the Government's 2006-10 National
Strategic Development Plan. In the development plan for 2009-13, the
Government set a new target of 50 percent for the women's share of wage
employment in the service sector and committed to maintaining the
current 50 percent ratio in the agricultural and industrial sectors.

Children.--By law citizenship may be derived by birth from a mother
and father who are not ethnic Cambodians if both parents were born and
living legally in Cambodia or if either parent has acquired Cambodian
citizenship. The Ministry of Interior administered a modernized birth
registration system, but not all births were registered immediately,
due principally to parents' delay. The system did not include special
outreach to minority communities. In addition, children born from the
mid-1970s to the mid-1990s often were not registered, a result of the
Vietnam/Khmer Rouge occupation/civil war. Many of these unregistered
persons who later had families of their own did not perceive a need for
registration. It was common for young persons not to be registered
until a need arose. The failure to register all births resulted in
discrimination, including the denial of public services. A study
commissioned by the UNHCR on statelessness in the country stated that
the birth registration process often excluded children of ethnic
minorities and stateless persons. NGOs that provided services to
disenfranchised communities reported that children without birth
registration and family books were often denied access to education and
health care. They stated that later in life the same individuals may be
unable to access employment, own property, vote, or use the legal
system.
Children were affected adversely by an inadequate educational
system. Education was free, but not compulsory, through grade nine.
Many children left school to help their families in subsistence
agriculture, worked in other activities, began school at a late age, or
did not attend school at all. The Government did not deny girls equal
access to education; however, families with limited resources often
gave priority to boys. According to international organization reports,
school enrollment dropped sharply for girls after primary school.
Schools in many areas were remote, and transportation was a problem.
This especially affected girls, due to safety concerns in traveling
between their homes and schools.
Child abuse was believed to be common, although statistics were not
available. Child rape remained a serious problem; during the year a
local NGO reported 357 cases of rape and attempted rape committed
against persons under age 18. Thirty-three of the cases involved
children below age five, 76 involved children ages five to 10, and 248
involved children ages 10 to 18. Sexual intercourse with a person under
age 15 is illegal; however, child prostitution and trafficking in
children occurred. During the year raids on brothels rescued underage
girls trafficked for prostitution. The Ministry of Interior reported
arrests of 19 foreign pedophiles during the year. Some children engaged
in prostitution for survival without third-party involvement.
In April the Phnom Penh Municipal Court convicted and sentenced a
senior Justice Ministry official to eight years in prison for accepting
large bribes in exchange for attempting to engineer the release of
convicted Russian pedophile Alexander Trofimov on the pretense of
extradition to Russia. The official reportedly counterfeited
extradition papers and forged the signatures of the justice minister
and prime minister.
The Government offered limited, inadequate services to street
children at a rehabilitation center. A domestic NGO estimated that more
than 1,500 street children in Phnom Penh had no relationship with their
families and an estimated 10,000 to 20,000 children worked on the
streets but returned to families in the evenings. An estimated 500 to
2,000 children lived with their families on the streets in Phnom Penh.
The Ministry of Interior reported that at least 52 children under
the age of six reportedly were living with their mothers in prison. A
local NGO reported 47 such children in 19 prisons and claimed that the
children were subjected to mistreatment by prison guards and faced
physical dangers from adult criminal cellmates. The children generally
lacked proper nutrition and education.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international child abduction, please see the Department of State's
annual report on compliance at http://travel.state.gov/abduction/
resources/congressreport/congressreport--4308.html.

Anti-Semitism.--There was no known Jewish community in the country,
and there were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The 2009 Law on the Protection and
Promotion of the Rights of Persons with Disabilities prohibits
discrimination, neglect, exploitation, or abandonment of persons with
disabilities. It includes persons with mental illnesses and
intellectual impairments in the definition of persons with disabilities
and requires that public buildings and government services, including
education, be accessible to persons with disabilities. The Ministry of
Social Affairs holds overall responsibility for protecting the rights
of persons with disabilities, although the law assigns specific tasks
to other ministries, including the Ministries of Health, Education,
Public Works and Transport, and National Defense. The Government
requested that all television channels adopt sign language
interpretation for programming; as of year's end, two major television
stations had sign language interpretation, and the Ministry of
Information was working with the other stations to develop such
capabilities. The Government continued efforts to implement the law,
although the full period for compliance in some cases extends to 2015.
By year's end, the Council of Ministers had approved three of four
subdecrees to support the law and was reviewing the fourth.
Programs administered by various NGOs brought about substantial
improvements in the treatment and rehabilitation of persons with
disabilities, but they faced considerable societal discrimination,
especially in obtaining skilled employment.
There are no legal limitations on the rights of persons with
disabilities to vote or participate in civic affairs, but the
Government did not make any concerted effort to assist them in becoming
more civically engaged. MOSAVY is responsible for making policy to
protect the rights of persons with disabilities and for rehabilitation
and vocational skills training for such persons.

National/Racial/Ethnic Minorities.--The rights of minorities under
the nationality law are not explicit; constitutional protections are
extended only to ``Khmer people.'' Citizens of Chinese and Vietnamese
ethnicity constituted the largest ethnic minorities. Ethnic Chinese
citizens were accepted in society, but animosity continued toward
ethnic Vietnamese, who were seen as a threat to the country and
culture. Some groups, including political groups, continued to make
strong anti-Vietnamese statements. They complained of political control
of the CPP by the Vietnamese government, border encroachment, and other
problems for which they held ethnic Vietnamese at least partially
responsible.

Indigenous People.--The Government often ignored efforts by
indigenous communities to protect their ancestral lands and natural
resources. Despite the 2001 land law requiring the registration of
communal lands of indigenous people, little was done to implement
communal land titling. NGOs called for a moratorium on land sales and
land concessions affecting indigenous communities. International and
local NGOs were active in educating the indigenous communities about
the land registration process and providing legal representation in
disputes. NGOs reported loss of agricultural space and livelihoods due
to the increased granting of economic land concessions on indigenous
land. The NGO Indigenous Rights Active Members reported that it had
recorded 14 continuing land disputes involving minority groups.
The Khao Chuly Group continued to clear land in Pech Chreada
District, Mondulkiri Province, for a rubber plantation, despite
disputes with local ethnic Phnong villagers. Approximately 800 families
in Bou Sraa commune reported being affected by the plantation.
There were no developments in the 2008 land concession case
affecting members of the indigenous community of Kak Village in Ta Lav
Commune, Andoung Meas District, Ratanakiri Province. NGOs reported that
much of the area in the 17,000-acre economic land concession for a
rubber plantation may be eligible for registration as indigenous
community land under the law.
There were no further developments in the 2008 case in Ratanakiri
Province where the BVB Investment Company and members of one of the
affected communities, Yeak Laom Commune, reached an agreement for land
use. However, other communities in the area continued to raise concerns
about the development of the land without consultation with the
traditional indigenous landholders.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There were no laws
criminalizing homosexual acts, nor was there official discrimination
against the lesbian, gay, bisexual, and transgender (LGBT) community,
although some societal discrimination and stereotyping persisted,
particularly in rural areas. In May several local businesses and NGOs
hosted the sixth annual Phnom Penh Pride festival, a week-long series
of events that highlighted the LGBT community.
There were no reports of government discrimination based on sexual
orientation in employment, statelessness, or access to education or
health care. However, homosexual conduct was typically treated with
fear and suspicion, and there were few support groups where such cases
could have been reported.
There were a few reports of private individuals refusing to employ
or rent property to persons based on sexual orientation or gender
identity.

Other Societal Violence or Discrimination.--There was no official
discrimination against those infected with HIV/AIDS. Societal
discrimination against those infected with HIV/AIDS remained a problem
in rural areas; however, discrimination was moderated by HIV/AIDS
awareness programs.
Section 7. Worker Rights

a. The Right of Association.--The law permits private-sector
workers to form and join trade unions of their own choice without prior
authorization. Despite some improvement, enforcement of the law was
poor. Membership in trade unions or employee associations is not
compulsory, and workers are free to withdraw from such organizations,
although a few unions attempted to intimidate workers who wanted to
withdraw. Unions may affiliate freely, but the law does not explicitly
address their right to affiliate internationally. Several local
federations and confederations existed, such as the Cambodian
Independent Teachers' Association (CITA), the National Independent
Federation Textile Union of Cambodia, and others. These groups also
affiliated internationally with trade unions, such as the International
Textile, Garment, and Leather Workers' Federation, the International
Trade Union Confederation, and others. While the law applies to foreign
workers, it does not apply to civil servants, including teachers,
judges, and military personnel, or to domestic workers.
Approximately 5 percent of the labor force, estimated to be 8.8
million persons, was unionized. Unions were concentrated in the garment
and footwear industries, where approximately 60 percent of the
estimated 363,200 workers were union members. The Cambodian Tourism and
Service Workers Federation reported that it represented approximately
3,750 hotel, casino, and airport workers. There were more than 1,944
registered factory-level unions, 44 union federations and associations,
and eight union confederations; the majority were aligned with the
Government, and nine were independent.
Few agricultural workers belonged to unions. The Farmers
Association for Peace and Democracy had 1,000 members, and the
Cambodian Federation of Independent Trade Unions, which organizes
rubber plantation workers in addition to garment and shoe workers, had
an unknown number of members who worked on rubber plantations.
CITA, registered as an ``association'' due to prohibitions on
public-sector unions, represented 9,300 of the country's 104,610
teachers. CITA's requests for marches and other protests were
frequently denied, although the union reported no direct government
interference in day-to-day activities. Some CITA members feared that
affiliation with the teachers association could hamper their chance of
career advancement.
Another public-sector association, the Cambodian Independent Civil
Servants Association (CICA), represented approximately 1,600 officials
of 177,000 civil servants nationwide. CICA leaders alleged that fears
of harassment, discrimination, or demotion prevented other civil
servants from joining.
Union strength waned during the year, and many unions were unable
to represent member interests adequately due to insufficient resources,
training, and experience. In addition, corruption plagued the ranks of
unions, employers, and government officials, hampering legitimate
industrial relations. Violence, harassment, and intimidation between
rival unions were common. Union leaders from across the political
spectrum complained that the pro-government Khmer Youth Federation of
Trade Unions habitually threatened and harassed workers from other
unions.
On November 2, the Supreme Court ordered a reinvestigation into the
2007 killing of local union leader Hy Vuthy and returned the case to
the lower court. Two men on a motorbike reportedly shot Hy, president
of the Suntex garment factory chapter of the Free Trade Union of
Workers in the Kingdom of Cambodia, while he was walking home from his
factory shift. Police had made no arrests, and lower courts had ordered
the case dismissed.
In February 2009 the appeals court upheld the 2005 conviction of
Thach Saveth for killing union leader Ros Sovannareth in 2004. Thach
Saveth appealed to the Supreme Court (see section 1.e.).
In August 2009 the appeals court ruled to reinvestigate the case of
the 2004 killing of labor union leader Chea Vichea. In 2008 the Supreme
Court provisionally released the two suspects convicted of the crime
(see section 1.e.).
Although the law provides for the right to strike and protections
from reprisal, requirements to conduct a lawful strike are cumbersome.
The law stipulates that strikes can be held only after several
requirements have been met, including the failure of other methods of
dispute resolution (such as negotiation, conciliation, or arbitration),
a secret-ballot vote of union membership, and a seven-day advance
notice to the employer and the Ministry of Labor and Vocational
Training (MOLVT). There is no law prohibiting strikes by civil
servants, workers in public sectors, or workers in essential services.
The MOLVT reported that 13 strikes occurred in the Phnom Penh area
in the first seven months of the year. The Garment Manufacturers
Association of Cambodia reported 30 strikes nationwide during the same
period. International observers, employers, and many union leaders
agreed that almost no strikes fulfilled all prestrike legal
requirements. Although some unions complained of a lack of MOLVT
involvement, the MOLVT resolved approximately 50 percent of the
disputes.
The Government allowed most strikes held at factories but denied
worker requests to hold protest marches outside the factory area.
Police intervention in strikes generally was minimal and restrained,
even in those cases where property damage occurred.
On January 15, four garment workers protesting the dismissal of
their three union leaders from Tage factory were injured in a scuffle
with riot police but not seriously. During the year an estimated 900
workers protested the January 8 dismissal of the union leaders.
On June 21, approximately 2,000 workers at the Ocean garment
factory protested in front of the factory, demanding the reinstatement
of seven union representatives who were dismissed after they opposed
the introduction of overtime hours. Mann Seng Hak, secretary general of
the Free Trade Union of Workers of the Kingdom of Cambodia, claimed the
factory owner violated the law by suspending union representatives
before submitting such action for MOLVT approval.
On July 27, two female garment workers were injured after
approximately 50 police tried to force an estimated 3,000 striking
workers to end a week-long strike at the PCCS garment factory. A local
police chief denied allegations that police used excessive force to
break up the strike, adding that police only pushed workers back inside
the factory compound.
In spite of legal provisions protecting strikers from reprisals,
there were credible reports that workers were dismissed on spurious
grounds after organizing or participating in strikes. While most
strikes were illegal, participating in an illegal strike was not by
itself a legally acceptable reason for dismissal. In some cases
employers pressured strikers to accept compensation and leave their
employment. There are potential remedies for such dismissals, although
none was particularly effective. The MOLVT may issue reinstatement
orders, but these often provoked management efforts to pressure workers
into resigning in exchange for a settlement. Collective disputes, such
as when multiple employees are dismissed, may be brought before the
Arbitration Council for a decision. Parties may choose if decisions are
binding or nonbinding; if neither party objects to the arbitral award
within eight days of its being issued, it automatically becomes
binding. Individual disputes may be brought before the courts, although
the judicial system was neither impartial nor transparent. Some unions
urged the Government to expand the role of the Arbitration Council to
include individual and collective interest disputes and to make its
decisions binding.
On May 1, Ath Thorn, president of the Cambodian Labor Confederation
and the Coalition of Cambodian Apparel Workers Democratic Union, led
several thousand workers in a demonstration advocating numerous
concessions by industry and the Government, including an increase of
the garment-worker minimum wage and implementation of health-care and
pension systems for garment workers. The march was peaceful, without
any confrontation with police. In a separate event, participants in a
300-strong march led by Rong Chhun, president of the Cambodian
Confederation of Unions and CITA, scuffled briefly with police due to a
disagreement over the route of the march. Later the same evening,
police prevented Rong Chhun and his colleagues from showing a film
documentary in a public park about the killing of labor leader Chea
Vichea. The documentary had not been authorized by the Ministry of
Culture and Fine Arts, and municipal officials denied a permit for the
screening. Police removed the screen that Rong Chhun and his supporters
erected in the park and prevented its replacement.
On September 13, garment workers launched a five-day strike to
protest the minimum wage increase approved in July (see section 7.e.),
which some union leaders contended was insufficient to combat the
rising cost of living in and around Phnom Penh. Authorities publicly
agreed to allow the strike to proceed. There were minimal reports of
individual violence perpetrated by both workers and police; however,
employers filed a large number of civil complaints against union
leaders and workers that resulted in court injunctions and suspensions.
On September 16, the unions involved called off the strike after the
Government offered to broker a solution between workers and employers.
The majority of workers returned to their jobs, but employers were
reluctant to negotiate outstanding problems, including the return of
379 workers who remained suspended during the year.

b. The Right to Organize and Bargain Collectively.--The law
provides for the right to organize and bargain collectively, but the
Government's enforcement of these rights was inconsistent. Collective
bargaining agreements existed within the garment and hotel industry and
with contract workers at the two international airports.
There were 55 collective bargaining agreements registered with the
MOLVT during the year. However, these were not comprehensive
agreements, but rather simple agreements covering a few points on wage-
related matters.
A regulation establishes procedures to allow unions to demonstrate
that they represent workers for purposes of collective bargaining. The
regulation also establishes requirements for employers and unions
regarding collective bargaining and provides union leaders with
additional protection from dismissal. The law requires trade unions and
employers' organizations to file charters and lists of officials with
the MOLVT. The Bureau of Labor Relations is responsible for
facilitating the process of union registration and certification of
``most representative status'' for unions, which entitles a union
representing an absolute majority of workers in a given enterprise to
represent all the workers in that establishment.
Enforcement of the right of association and freedom from antiunion
discrimination was inconsistent. Acts of union discrimination by the
employer often went unpunished. Government enforcement of rights was
hampered by a lack of political will and by confused financial and
political relationships among employers and union leaders. The
Government also suffered from a lack of resources, including trained,
experienced labor inspectors, in part because it did not pay officials
adequate salaries. The MOLVT often decided in favor of employees but
rarely used its legal authority to penalize employers who defied its
orders, instead referring many cases to the Arbitration Council.
There were credible reports of antiunion harassment by employers,
including the dismissal of union leaders, in garment factories and
other enterprises. By year's end approximately 40 union leaders were
dismissed or suspended without cause. In some factories persons
employed in management appeared to have established their own unions,
supported promanagement unions, or compromised union leaders through
efforts to jeopardize their employment.
Prominent independent and opposition union leaders reported
receiving veiled threats of violence. Four union leaders affiliated
with the Free Trade Union of Workers in the Kingdom of Cambodia were
injured by enforcers hired by factory management, and one was beaten by
a Chinese supervisor. Both independent and progovernment union leaders
were injured by unidentified assailants. In two cases, nine union
leaders were threatened with suits or sued for defamation, perjury,
inciting workers to strike, destroying private property, and attempting
to incite workers to commit assault. On several occasions dismissed
union leaders accepted cash settlements after unsuccessfully appealing
to the Government to enforce laws requiring their reinstatement.
During the year the MOLVT formally warned 404 companies of legal
violations. The MOLVT sent 86 cases of unresolved labor disputes to the
Arbitration Council. The Arbitration Council received 145 cases from
across the country, of which approximately 70 percent were successfully
resolved. One hundred forty-five cases were completed, with 104
arbitral awards and 30 agreements between the parties during the
process; 11 cases were pending. Of 104 awards, 58 were opposed by one
of the parties--45 by employers and 13 by workers.
There are no special laws or exemptions from regular labor laws in
export processing zones (known as special economic zones).

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, but there were reports that such practices
occurred in domestic service and other, almost exclusively informal-
sector, activities. Also see the Department of State's annual
Trafficking in Persons Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law provides protections for children from exploitation in the
workplace; however, enforcement was often weak. The law establishes 15
years as the minimum age for employment and 18 years as the minimum age
for hazardous work. The law permits children between 12 and 15 to
engage in ``light work'' that is not hazardous to their health and does
not affect school attendance.
Child labor was widespread in agriculture, brick making, salt
production, shrimp processing, fishing, domestic service, and on rubber
plantations. Child labor was also reported in the formal sector but to
a much lesser extent. According to a 2006 study conducted by the World
Bank and others, more than 750,000 economically active children were
below the absolute minimum working age of 12. An additional 500,000
children (12 to 14 years old) conducting non-light economic activity
were below the minimum age for this type of work. According to the
report, more than 250,000 children ages 15 to 17 worked more than 43
hours per week or in hazardous sectors. An expert from the ILO's
International Program on the Elimination of Child Labor stated that the
number of children working in hazardous work conditions rose to
approximately 300,000 during the year. Three-quarters of economically
active children were in the agriculture sector, 15 percent in commerce,
5 percent in small-scale manufacturing, and 2 percent in services.
According to a 2007 report, a total of 21,266 child domestic
workers were found in Phnom Penh and the three provinces of Battambang,
Kampong Cham, and Siem Reap. The children typically did not attend
school, worked long hours with no medical benefits, and received little
or no pay. On February 19, the Phnom Penh Municipal Court sentenced
schoolteacher Meas Nary to 20 years in prison--the maximum permitted
under the human trafficking law--for her role in detaining and abusing
her 11-year-old ward, whom she used as a domestic servant. Meas'
husband, Var Savoeun, received a 10-year term. A relative of the child,
Thoeung Reth, who sold her to the Phnom Penh couple, was sentenced to
five years in prison on trafficking charges.
On June 11, police arrested a Koh Kong woman for forcing her 12-
year-old stepson to scavenge for money and allegedly beating him if he
did not earn enough. The intentional battery and assault charges carry
potential prison terms of between two months and five years. At year's
end, the case was pending in court.
The MOLVT has responsibility for child labor inspection in both the
formal and informal sectors of the economy, but its labor inspectors
played no role in the informal sector or in enforcing the law in
illegal industries, such as unregistered garment factories operating
without a license from the MOLVT and the Ministry of Commerce. Within
the formal sector, labor inspectors conducted routine inspections of
some industries, such as garment manufacturing (where the incidence of
child labor was negligible), but in some industries with the highest
child-labor risk, labor inspections were entirely complaint-driven.
The constitution prohibits forced or bonded child labor; however,
forced child labor was a serious problem. Widespread corruption, lack
of transparency, inadequate resources, and staffing shortages remained
the most challenging obstacles. For more information on forced child
labor, see also see the Department of State's annual Trafficking in
Persons Report at www.state.gov/g/tip.

e. Acceptable Conditions of Work.--The law requires the MOLVT to
establish a garment-sector minimum wage based on recommendations from
the Labor Advisory Committee. On July 8, the committee agreed to
increase the minimum wages for garment workers to $61 per month from
$50 per month for regular workers and $56 per month from $45 per month
for probationary workers. The new minimum monthly wages include an
existing $6 cost-of-living allowance, which workers began receiving in
2008. The new wages came into effect on October 1 and were scheduled to
remain in force until 2014. Workers and union leaders claimed
prevailing monthly wages in the garment sector and many other
professions were insufficient to provide a worker and family with a
decent standard of living, although garment-sector wages were generally
higher than wages in the informal economy. The vast majority of
employers in garment factories paid the minimum wage to permanent
workers, although temporary and other such workers often were paid
less. The law does not mandate a minimum wage for any other industry.
The law provides for a standard legal workweek of 48 hours, not to
exceed eight hours per day. The law establishes a rate of 130 percent
of daytime wages for nightshift work and 150 percent for overtime,
which increases to 200 percent if overtime occurs at night, on Sunday,
or on a holiday. Employees are allowed to work up to two hours of
overtime each day. However, the Government did not enforce these
standards effectively. Workers reported that overtime was excessive and
sometimes mandatory. Similarly, outside the garment industry,
regulations on working hours were rarely enforced. Involuntary overtime
remained a problem, although the practice decreased during the year.
Employers used coercion to force employees to work. Workers often faced
fines, dismissal, or loss of premium pay if they refused to work
overtime.
The law states that the workplace should have health and safety
standards adequate to provide for workers' well-being. The Government
enforced existing standards selectively, in part because it lacked
trained staff and equipment. The MOLVT's Department of Labor Inspection
was the primary enforcement agency, and during the year it issued 404
warnings about labor law violations to companies. The agency appeared
to conduct proactive inspections, but endemic corruption hindered the
efficacy of such inspections. Work-related injuries and health problems
were common. Most large garment factories producing for markets in
developed countries met relatively high health and safety standards as
conditions of their contracts with buyers. Working conditions in some
small-scale factories and cottage industries were poor and often did
not meet international standards. Penalties are specified in the law,
but there are no specific provisions to protect workers who complained
about unsafe or unhealthy conditions. Workers have the right to remove
themselves from situations that endangered health or safety without
jeopardy to their employment, but those who did so possibly risked loss
of employment.
Personnel in the air and maritime transportation industries are not
entitled to the full protections of the law. Articles 1 and 283 apply
to the specific cases of these industries instead, but workers in these
industries are free to form unions.
On April 29, the International Labor Organization issued a report
which estimated that more than 1,500 workers were killed annually by
work-related accidents. Work-related accidents happened frequently in
construction, brick making, fishing, the garment industry, and
enterprises not complying with labor standards or with improperly
installed safety systems. On April 30, more than 350 government
officials, employers, and workers observed World Day for Occupational
Health and Safety in Kampot Province. The event was aimed at
understanding the risks of occupational health and safety and
preventing work-related accidents.
On June 2 and 3, approximately 50 workers fainted at a Chinese-
owned shoe factory Tiger Wing, located in the outskirts of Phnom Penh.
Police claimed that the incidents were caused by workers' poor health,
while a district official stated that chemical fumes from shoe glue
caused the mass fainting. Health department officials ruled that the
workers fainted due to heat exhaustion.
On July 4, authorities ordered the temporary closure of the Pine
Great Cambodia Garment factory in the capital's Meanchey District after
47 of its employees fainted while they were working. A commune chief
reported an additional 50 workers complained of headaches after
returning home from their shifts. The deputy director of the
Occupational Health Department denied chemicals could cause such an
incident.

__________

CHINA, THE PEOPLE'S REPUBLIC OF

The section for Tibet, the report for Hong Kong, and the report for
Macau are appended below.)
The People's Republic of China (PRC), with a population of
approximately 1.3 billion, is an authoritarian state in which the
Chinese Communist Party (CCP) constitutionally is the paramount
authority. Party members hold almost all top government, police, and
military positions. Ultimate authority rests with the 25-member
Political Bureau (Politburo) of the CCP and its nine-member Standing
Committee. Hu Jintao holds the three most powerful positions as CCP
general secretary, president, and chairman of the Central Military
Commission. Civilian authorities generally maintained effective control
of the security forces.
A negative trend in key areas of the country's human rights record
continued, as the Government took additional steps to rein in civil
society, particularly organizations and individuals involved in rights
advocacy and public interest issues, and increased attempts to limit
freedom of speech and to control the press, the Internet, and Internet
access. Efforts to silence political activists and public interest
lawyers were stepped up, and increasingly the Government resorted to
extralegal measures including enforced disappearance, ``soft
detention,'' and strict house arrest, including house arrest of family
members, to prevent the public voicing of independent opinions. Public
interest law firms that took on sensitive cases also continued to face
harassment, disbarment of legal staff, and closure.
Individuals and groups, especially those seen as politically
sensitive by the Government, continued to face tight restrictions on
their freedom to assemble, practice religion, and travel. The
Government continued its severe cultural and religious repression of
ethnic minorities in Xinjiang Uighur Autonomous Region (XUAR) and
Tibetan areas. Abuses peaked around high-profile events, such as the
awarding of the Nobel Peace Prize to democracy activist Liu Xiaobo and
sensitive anniversaries.
As in previous years, citizens did not have the right to change
their government. Principal human rights problems during the year
included: extrajudicial killings, including executions without due
process; enforced disappearance and incommunicado detention, including
prolonged illegal detentions at unofficial holding facilities known as
``black jails''; torture and coerced confessions of prisoners;
detention and harassment of journalists, writers, dissidents,
petitioners, and others who sought to peacefully exercise their rights
under the law; a lack of due process in judicial proceedings, political
control of courts and judges; closed trials; the use of administrative
detention; restrictions on freedoms to assemble, practice religion, and
travel; failure to protect refugees and asylum-seekers; pressure on
other countries to forcibly return citizens to China; intense scrutiny
of, and restrictions on, nongovernmental organizations (NGOs);
discrimination against women, minorities, and persons with
disabilities; a coercive birth limitation policy, which in some cases
resulted in forced abortion or forced sterilization; trafficking in
persons; prohibitions on independent unions and a lack of protection
for workers' right to strike; and the use of forced labor, including
prison labor. Corruption remained endemic.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--During the year
security forces reportedly committed arbitrary or unlawful killings. No
official statistics on deaths in custody were available. In April 2009
the Supreme People's Procuratorate (SPP) disclosed that at least 15
prisoners died ``unnatural deaths'' under unusual circumstances as of
the 2009 disclosure. According to a Chinese press report, seven of the
prisoners died of beatings, three were classified as suicides, two were
described as accidents, and three remained under investigation.
On March 8, Zhou Lingguang, a Huazhou, Guangdong Province native
died while in detention in Guangzhou. Zhou had been remanded to one
year of reeducation through labor (RTL) in 2009 for gambling, but due
to space limitations had been transferred to a Juvenile Detention
Center. According to prison officials, Zhou's heart ``abruptly stopped
beating.'' Family members questioned the official explanation, and
demanded an independent autopsy. When the family viewed Zhou's body,
they reported his corpse was covered except for the head and that he
was enclosed in a glass case. They were not permitted to take
photographs. Prison officials refused the family's request to release
surveillance footage.
On March 31, Yang Xiuan, an inmate serving a mandatory drug
rehabilitation sentence died in a treatment center in Ziyang, Sichuan
Province. A center official said he had died of natural causes, but his
family doubted the official cause of death claiming that when they saw
Yang's body his face was badly bruised.
On May 3, authorities notified Fu Changping's family that he died
in an RTL facility in Jixi, Heilongjiang Province. Although facility
officials claimed he died ``normally,'' Fu's family said his body was
covered in cuts and bruises. Medical records from when Fu entered the
camp weeks earlier noted Fu was in good health. Authorities threatened
to withhold compensation for Fu's death if the family continued to
suggest Fu was murdered.
On August 8, detainee Ren Aiguo was discovered dead in a detention
center located in Heshun County, Jinzhong, Shanxi Province. An
inspection team organized by local officials ruled the death a suicide.
Ren's family challenged the ruling, claiming inspectors failed to
properly investigate the death and ignored critical questions. The
family questioned the lack of surveillance footage, although the room
in the detention center where Ren was found was equipped with a video
camera. The inspection team claimed the monitoring equipment in the
facility had been out of service.
There were no known developments in the 2009 deaths in custody of
Lin Guojiang, Li Qiaoming, Li Wenyan, all of whom died under suspicious
or unexplained circumstances, or regarding the allegation that Tibetan
monk, Phuntsok Rabten, was beaten to death by police.
In June Guangxi Litang Prison authorities reported the April 2009
death of He Zhi, a Falun Gong practitioner who was sentenced to eight
years' imprisonment in 2005. Authorities at Guangxi Litang Prison,
where many Falun Gong practitioners reportedly are imprisoned, stated
the cause of death was ``falling from bed,'' but He's brother claimed
he found other injuries and bruises on He's body.
According to a media report, Yu Weiping, an inmate at Rushan
Detention Center in Weihai, Shandong Province, died in November 2009.
His family found small holes in his chest and bruises on his body.
Authorities told the family the holes were scars left from pimples;
however, an autopsy revealed that sharp objects pierced Yu's chest,
rupturing his heart. The family reported the death to the Weihai Public
Security Bureau and demanded an investigation. By year's end there was
no reported response.
According to official media reports, 197 persons died and 1,700
were injured during the July 2009 rioting in Urumqi. In November 2009
eight ethnic Uighurs and one ethnic Han were executed without due
process for crimes committed during the riots. At year's end 26 persons
had been sentenced to death; nine others reportedly received suspended
death sentences. Of these, three were reportedly ethnic Hans and the
rest were Uighurs. In April a Uighur woman became the second woman
sentenced to death for involvement in the violence. In December Uighur
journalist Memetjan Abdulla was sentenced to life in prison for
transmitting information about the riots because he translated an
article from a Chinese-language Web site and posted it on a Uighur-
language Web site. China Daily reported that, according to the
president of the XUAR Supreme People's Court, courts in the XUAR had
tried 376 individuals in 2010 for ``crimes against national security''
and their involvement in the July 2009 violence.
Defendants in criminal proceedings were executed following
convictions that sometimes lacked due process and adequate channels for
appeal.

b. Disappearance.--According to a January NGO report and media
accounts, Guo Yongfeng, a Shenzhen democracy activist and organizer of
the Citizens' Association for Government Oversight, disappeared in
September 2009 after being called in to a police station for
questioning. Friends of Guo claimed that he had been sentenced to 18
months' detention in an RTL camp; however, security officials would
neither confirm nor deny this claim.
In February 2009 authorities detained rights lawyer Gao Zhisheng,
who had represented Christians and Falun Gong practitioners. At year's
end his whereabouts and legal status remained unknown. According to NGO
and media reports, he was seen in his hometown in August 2009 under
heavy police escort. Gao was seen briefly in Beijing in March and
April, but subsequently disappeared again.
In an October 2009 report, the NGO Human Rights Watch documented
the disappearances of hundreds of Uighur men and boys following the
July 2009 protests in Urumqi.
On July 7, authorities released underground Catholic bishop Julius
Jia Zhiguo of Zhengding, Hebei Province, who had been detained since
March 2009.
The whereabouts of underground Catholic priests Zhang Li and Zhang
Jianlin, from Zhangjiakou, Hebei Province, whom authorities detained in
2008, remained unknown.
At year's end the Government had not provided a comprehensive,
credible accounting of all those killed, missing, or detained in
connection with the violent suppression of the 1989 Tiananmen
demonstrations. In October the Duihua Foundation, an international
human rights NGO, estimated that fewer than a dozen continued to serve
sentences for offenses committed during the demonstration, although
other estimates were higher. Many activists who were involved in the
demonstrations continued to suffer from official harassment.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits the physical abuse of detainees and
forbids prison guards from extracting confessions by torture, insulting
prisoners' dignity, and beating or encouraging others to beat
prisoners. On July 1, new rules went into effect excluding evidence,
including confessions, obtained under torture in certain categories of
criminal cases. However, during the year there were reports that
officials used electric shocks, beatings, shackles, and other forms of
abuse.
In July the Ministry of Public Security (MPS) ordered local police
officials to cease parading criminal suspects in public and called on
local departments to enforce laws in a ``rational, calm, and civilized
manner.'' The new regulations were a response to the public outcry over
``shame parades,'' in which individuals suspected of being prostitutes
were shackled and paraded in public. According to press reports, in
July, prior to the MPS order, police in Dongguan, Guandong Province,
forced arrested women in prostitution to parade in the streets barefoot
and handcuffed and published their photos on the Internet.
On May 30, the Supreme People's Court, the SPP, the MPS, the
Ministry of State Security, and the Ministry of Justice issued
regulations regarding the use of evidence in criminal cases. In July
the lawyer for Chongqing businessman Fan Qihang revealed evidence that
Fan was tortured while in custody in June 2009 on corruption charges.
Despite the new regulations that evidence obtained through torture
could not be used as a basis for judgment in a criminal case, Fan was
executed in September.
Henan activist Liu Shasha stated that on July 16 she was kidnapped
outside People's University in Beijing. She identified those
responsible as Beijing security officials and officials from Tongbai
County, Henan Province, who hooded her and drove her to an unknown
location outside Beijing. There, she said, her hands were bound and she
was beaten. Liu's cell phone and bank card were taken, and she was
dropped off in Ci County, outside Handan, Hebei Province. She returned
to Beijing on July 18, and filed a police report regarding the
incident.
On July 8, lawyers met with imprisoned activist Guo Feixiong (aka
Yang Maodong) in Guangdong Province's Meizhou Prison. During the
meeting, Guo presented the lawyers a copy of a document stating his
reasons for seeking a review of the judgment, including that he was
subjected to torture during the investigation of his case.
According to a July 7 NGO report, democracy activist Xu Wanping,
who founded the China Action Party after the 1989 Tiananmen massacre
and was serving a 12-year sentence for ``inciting subversion of state
power,'' was repeatedly subjected to solitary confinement in Yuzhou
Prison, Jiangbei District, Chongqing. The longest period of such
confinement reportedly lasted 11 months. Xu's mental and physical
health have deteriorated, and he reportedly has not received adequate
medical attention while incarcerated. Xu has been denied release on
medical parole.
In March lawyer Gao Zhisheng revealed to journalists that he had
been tortured during a period of illegal detention beginning in
February 2009 (see section 1.b.).
According to an NGO report, Shen Pailan, a Shanghai-based activist
and petitioner was tortured and beaten while in detention between March
24 and April 9. On March 24, Shen was kidnapped by employees of the
Maqiao municipal government in Minhang District, Shanghai. While
detained at a hotel, Shen was tortured and beaten. Shen was later
transferred to Zhuanqiao Town Police Station and then to Minhang
District Detention Center, where the police announced that she would be
subjected to 15 days of administrative detention and fined RMB 500
(approximately $75) for ``assault.''
According to a November 2009 Human Rights Watch report, in March
2009 An Weifeng was released for medical treatment from Bancheng Prison
in Chengde, Henan Province, after being severely beaten and subjected
to torture by police.
In November 2008 the UN Committee Against Torture (UN CAT) stated
its deep concern about the routine and widespread use in the country of
torture and mistreatment of suspects in police custody, especially to
extract confessions or information used in criminal proceedings. UN CAT
also acknowledged government efforts to address the practice of torture
and related problems in the criminal justice system. Many acts of
torture allegedly occurred in pretrial criminal detention centers or
RTL centers. Sexual and physical abuse and extortion occurred in some
detention centers.
There were widespread reports of activists and petitioners being
committed to mental health facilities and involuntarily subjected to
psychiatric treatment for political reasons. According to China News
Weekly, the MPS directly administers 22 high-security psychiatric
hospitals for the criminally insane (also known as ankang facilities).
From 1998 to May 2010, more than 40,000 persons were committed to
ankang hospitals. In May an MPS official stated in a media interview
that detention in ankang facilities was not appropriate for patients
who did not demonstrate criminal behavior. However, political
activists, underground religious believers, persons who repeatedly
petitioned the Government, members of the banned Chinese Democracy
Party (CDP), and Falun Gong adherents were among those housed with
mentally ill patients in these institutions. Regulations governing
security officials' ability to remand a person to an ankang facility
were not clear, and detainees had no mechanism for objecting to claims
of mental illness by security officials. Patients in these hospitals
reportedly were medicated against their will and forcibly subjected to
electric shock treatment.
According to a June 29 NGO report, Liao Meizhi was detained in
February by individuals allegedly engaged by the Qianjiang Bureau of
Health and the Laoxin Town Public Health Clinic while she was in
petitioning with family members. She subsequently was committed to a
psychiatric hospital. Liao had previously been detained in psychiatric
institutions for petitioning. It was not known whether an independent
doctor assessed her mental health.
On June 5, a Beijing Chaoyang District Court ruled that China
Petroleum and Chemical Corporation (Sinopec) had not violated the
rights of former employee Chen Miaocheng, who died after 13 years of
detention in a psychiatric institution. Chen, was involuntarily
hospitalized in 1995 for ``paranoid schizophrenia'' but cleared for
release in December 1996 by doctors at Beijing's Huilongguan Hospital.
However, the hospital refused to discharge Chen unless his employer,
Sinopec, agreed to his release. Sinopec refused, and Chen died in the
hospital 12 years after being cleared for discharge. It remains unclear
why Chen's employer needed to clear his release, or why this was
withheld. Chen's widow filed a lawsuit against Sinopec, arguing that by
having Chen involuntarily committed to a psychiatric institution,
Sinopec had violated Chen's rights to life, liberty, and health. The
court ruled that Sinopec had not violated the law when it committed
Chen to the hospital and was not liable for his death since Chen died
from pneumonia.
According to an NGO report, on March 29, officials in Wuhan, Hubei,
illegally detained petitioner Liu Caixia in a psychiatric institution.
Liu, a former accountant at Central China University of Science and
Technology in Wuhan, traveled to Beijing on March 26 to petition the
Government over losing her job. Liu was detained in Beijing by
officials from the Beijing Liaison Office of the Hongshan District
Government and forcibly returned to Wuhan. Liu reportedly was detained
in the psychiatric ward of the Huashan Town Health Clinic in Hongshan
District.

Prison and Detention Center Conditions.--Conditions in penal
institutions for both political prisoners and criminal offenders were
generally harsh and often degrading. Prisoners and detainees were
regularly housed in overcrowded conditions with poor sanitation.
Inadequate prison capacity remained a problem in some areas. Food often
was inadequate and of poor quality, and many detainees relied on
supplemental food and medicines provided by relatives. Some prominent
dissidents were not allowed to receive such goods. Adequate, timely
medical care for prisoners remained a serious problem, despite official
assurances that prisoners have the right to prompt medical treatment.
Article 53 of the Prison Law mandates that a prison shall be
ventilated, allow for natural light, and be clean and warm. However, in
many cases there were inadequate provisions for sanitation,
ventilation, heating, lighting, basic and emergency medical care, and
access to potable water.
Forced labor remained a serious problem in penal institutions. Many
prisoners and detainees in penal and RTL facilities were required to
work, often with no remuneration. Information about prisons, including
associated labor camps and factories, was considered a state secret.
In response to claims that the organs of executed prisoners were
harvested for transplant purposes, Vice Minister of Health Huang Jiefu
in August 2009 stated that inmates were not a proper source for human
organs and that prisoners must give written consent for their organs to
be removed.
Conditions in administrative detention facilities, such as RTL
camps, were similar to those in prisons. Beating deaths occurred in
administrative detention and RTL facilities. According to NGO reports,
conditions in these facilities were similar to those in prisons, with
detainees reporting beatings, sexual assaults, lack of proper food, and
no access to medical care.
Information on the prison population is not made public. In 2004
then minister of justice Fan Fangping reportedly said there were more
than 670 prisons housing ``more than 1.5 million prisoners.'' According
to domestic media reporting, a Ministry of Justice survey estimated
that the prison population as of the end of 2005 was 1.56 million. The
law requires juveniles be housed separately from adults, unless
facilities are insufficient. In practice children were sometimes housed
with adult prisoners and required to work. Political prisoners were
housed with the general prison population and reported being beaten by
other prisoners at the instigation of guards.
Many prisoners and detainees did not have reasonable access to
visitors and were not permitted religious observance. Under Article 52
of the Jail Law, ``considerations shall be given to the special habits
and customs of prisoners of minority ethnic groups.'' The Detention
Center Regulation Article 23 had similar requirements. However, little
information was available about the implementation of these
regulations.
Prisoners and detainees are legally entitled to submit complaints
to judicial authorities without censorship and request investigation of
credible allegations of inhumane conditions. Article 47 of the Prison
Law further states that letters from a prisoner to higher authorities
of the prison or to the judicial organs shall be free from examination.
The law further states that a prison ``shall set up medical
[facilities], living and sanitary facilities, and institute regulations
on the life and sanitation of prisoners.'' It also states that the
medical and health care of prisoners shall be put into the public
health and epidemic prevention program of the area in which the prison
is located. However, authorities did not investigate credible
allegations of inhumane conditions nor document the results of such
investigations in a publicly accessible manner.
The law requires the Government to investigate and monitor prison
and detention center conditions, and an official from the Prosecutor's
Office is designated responsible for investigating and monitoring
prison and detention center conditions.
The Government generally did not permit independent monitoring of
prisons or RTL camps, and prisoners remained inaccessible to local and
international human rights organizations, media groups, and the
International Committee of the Red Cross (ICRC).

d. Arbitrary Arrest or Detention.--Arbitrary arrest and detention
remained serious problems. The law grants police broad administrative
detention powers and the ability to detain individuals for extended
periods without formal arrest or criminal charges.

Role of the Police and Security Apparatus.--The main domestic
security agencies include the Ministry of State Security, the MPS, and
the People's Armed Police. The People's Liberation Army was primarily
responsible for external security but also had some domestic security
responsibilities. Local jurisdictions also frequently used civilian
municipal security forces, known as ``urban management'' officials, to
enforce laws.
The MPS coordinates the country's police force, which is organized
into specialized police agencies and local, county, and provincial
jurisdictions. Judicial oversight of the police was limited, and checks
and balances were absent. Corruption at the local level was widespread.
Police and urban management officials engaged in extrajudicial
detention, extortion, and assault. In 2009 the Supreme People's
Procuratorate acknowledged continuing widespread abuse in law
enforcement. In 2009 domestic news media reported the convictions of
public security officials who had beaten to death suspects or prisoners
in their custody.

Arrest Procedures and Treatment While in Detention.--The law allows
police to detain suspects for up to 37 days before formal arrest. After
arrest, police are authorized to detain a suspect for up to an
additional seven months while the case is investigated. After the
completion of a police investigation, an additional 45 days of
detention are allowed for the procuratorate to determine whether to
file criminal charges. If charges are filed, authorities can detain a
suspect for an additional 45 days before beginning judicial
proceedings. As a result, pretrial detention periods of a year or
longer are not uncommon. In practice the police sometimes detained
persons beyond the period allowed by law. The law stipulates that
detainees be allowed to meet with defense counsel before criminal
charges are filed. Police often violated this right.
The criminal procedure law requires a court to provide a lawyer to
a defendant who has not already retained a lawyer; who is blind, deaf,
mute, a minor; or who may be sentenced to death. This law applies
whether or not the defendant is indigent. Courts may also provide
lawyers to other criminal defendants who cannot afford them, although
courts often did not appoint counsel in such circumstances.
Criminal defendants are entitled to apply for bail while awaiting
trial. However, in practice few suspects were released on bail.
The law requires notification of family members within 24 hours of
detention, but individuals were often held without notification for
significantly longer periods, especially in politically sensitive
cases. Under a sweeping exception, officials are not required to
provide notification if doing so would ``hinder the investigation'' of
a case.
The law protects the right to petition the Government for
resolution of grievances. However, citizens who traveled to Beijing to
petition the central government were frequently subjected to arbitrary
detention, often by police dispatched from the petitioner's hometown.
Some provincial governments operated facilities in Beijing or in other
localities where petitioners from their districts were held in
extrajudicial detention. Some local governments took steps to restrict
petitioning. According to a May 27 Shanxi provincial government report,
the Shanxi Provincial People's Congress adopted regulations that listed
eight types of ``prohibited'' petitioning, including ``illegally
gathering, encircling or rushing into government offices or important
public spaces, stopping cars or hindering public transportation,
linking up with others to petition,'' and similar acts. The regulations
also stated that petitioners suspected of ``misrepresenting facts to
frame others'' could be subject to criminal charges.
According to NGO reports, Luan Chuyu of Nantong, Jiangsu Province,
a villager facing forced eviction, was detained by police while
petitioning in Beijing; she was held in a ``black jail'' from June 16-
18 and then forcibly returned to Nantong, where she was detained
illegally in a local black jail for an additional month. Luan was
released after local officials pressured her into signing an agreement
consenting to the demolition of her home.
On September 5, Liu Yujie a petitioner from Shiyan, Hubei Province,
who had been demanding a meeting with Supreme People's Court President
Wang Shengjun after losing her home in what she believed to be an
unjust court ruling, was detained by police outside the Supreme
People's Court in Beijing per a human rights NGO report. Liu was
reportedly taken to a black jail in Jiujingzhuang, Beijing. Shiyan
municipal officials in Beijing took custody of Liu and moved her to a
black jail operated by the Beijing Liaison Office of Tanghe County,
Henan Province. At year's end her status remained unclear.
According to NGO reports, on October 6, petitioner Liu Xianzhi of
Henan Province, was detained in Beijing and forcibly returned to her
hometown of Nancao Township. While in Beijing Liu was reportedly held
in a black jail operated by local government officials where she was
beaten and sustained head and neck injuries.
In July 2009 Noor-Ul-Islam Sherbaz, a minor, was detained and
accused of participating in the July riots in Urumqi. In contravention
of the law on the detention of juveniles, Sherbaz's parents had no
contact with their son after his arrest and were not allowed to be
present during police interrogations. On April 13, Aksu Intermediate
People's Court found Sherbaz guilty of murder, at a trial that
reportedly lasted 30 minutes, and sentenced him to life imprisonment.
The law permits nonjudicial panels, known as ``labor reeducation
panels,'' to remand persons to RTL camps or other administrative
detention programs for up to three years without trial. Labor
reeducation panels are authorized to extend these administrative
sentences for up to one year. Detainees are technically allowed to
challenge administrative RTL sentences and appeal for sentence
reduction or suspension. However, appeals were rarely successful. Other
forms of administrative detention include ``custody and education''
(for women engaged in prostitution and those soliciting prostitution)
and ``custody and training'' (for minor criminal offenders). The
2008Anti-Drug Law established a system of ``compulsory isolation for
drug rehabilitation.'' The minimum stay in such centers is two years
and the law states that this treatment can include work. Public
security organs authorize detention in these centers and it often is
meted out as an administrative rather than criminal measure.
Administrative detention was used to intimidate political activists and
prevent public demonstrations.
Shanghai housing activist Mao Hengfeng was detained early in the
year and sentenced to 18 months of RTL on March 4 for ``disturbing
social order.'' Mao's family members and lawyer were prevented from
visiting her for extended periods during the year.
On August 6, a district court in Baoding, Hebei Province, heard a
suit brought by reporter and activist Xu Yishun (also known by his pen
name Kong Fanzhong). Xu challenged a Baoding RTL Management Committee's
May 25 decision to sentence him to 18 months RTL for fraud. The hearing
ended without issuance of a verdict.
Authorities arrested persons on allegations of revealing state
secrets, subversion, and other crimes as a means to suppress political
dissent and public advocacy. These charges remain ill defined,
including what constitutes a state secret. Citizens also were detained
under broad and ambiguous state secrets laws for, among other actions,
disclosing information on criminal trials, meetings, and government
activity.
Human rights activists, journalists, unregistered religious
leaders, and former political prisoners and their family members were
among those targeted for arbitrary detention or arrest.
The Government continued to use extrajudicial house arrest against
dissidents, former political prisoners, family members of political
prisoners, petitioners, underground religious figures, and others it
deemed politically sensitive. Numerous dissidents, activists, and
petitioners were placed under house arrest during the October National
Day holiday period and at other sensitive times, such as during the
Shanghai Expo and the December Nobel Prize ceremony. Conditions faced
by those under house arrest varied but sometimes included complete
isolation in their homes under police guard. In some instances security
officials were stationed inside the homes of subjects under house
arrest. Others were occasionally permitted to leave their homes to work
or run errands but were required to ride in police vehicles. When
permitted to leave their homes, subjects of house arrest were usually
under police surveillance.
In March several Beijing dissidents, including Cha Jianguo, Gao
Hongming, Li Hai, Xu Yonghai, and Qi Zhiyong, were placed under house
arrest to prevent them from commemorating the 1989 Tiananmen massacre.
On April 3, security guards at a Beijing housing compound prevented
artist and activist Yan Zhengxue from leaving his residence to attend
an arts exhibition. When Yan argued with the guards blocking his exit,
they beat him, inflicting multiple injuries. Beijing artist and
activist Yang Licai was also placed under house arrest in late March
with a police vehicle and five police officers stationed outside his
home. Retired Shandong University professor Sun Wenguang was placed
under house arrest at his home in Jinan, Shandong.
On September 9, blind human rights lawyer Chen Guangcheng was
released after completing a prison sentence of three years and four
months on politically motivated charges of ``disrupting traffic.''
Since his release, Chen, his wife, and his mother have been under house
arrest and prevented from communicating with others. Chen was not
allowed to seek medical attention for a gastrointestinal condition he
developed in prison.
On December 10, ethnic Mongolian activist Hada was released from
prison after serving a 15-year prison sentence for espionage and
separatism. Hada founded the Southern Mongolia Democracy Alliance,
which called for a referendum on the future of the province of Inner
Mongolia. At year's end neither he, his wife, nor his son have been
seen publicly since his release.
After the announcement of the awarding of the 2010 Nobel Peace
Prize to imprisoned writer Liu Xiaobo, his wife, Liu Xia, was placed
under extrajudicial house arrest. At year's end she had not seen in
public since October, and her electronic and telephone communication
ceased in November.
Police surveillance, harassment and detentions of activists
increased around politically sensitive events. Shanghai residents
experienced more stringent security measures during the Shanghai World
Expo from May 1 to October 31. In the period leading up to, and during
the Expo, several prominent Shanghai activists, including Feng Zhenghu
and Zheng Enchong, were placed under house arrest. Others were
prevented from entering the city. Authorities prevented blogger Wen
Kejian and artist Ai Weiwei from entering Shanghai on separate
occasions during the Expo. Authorities prevented activists from
departing China prior to the December 10 Nobel Peace Prize award
ceremony, and briefly detained a number of prominent rights activists
immediately before and during the Nobel ceremony. The annual plenary
session of the National People's Congress (NPC) and the Chinese
People's Political Consultative Conference (CPPCC), the anniversary of
the Tiananmen massacre, the October announcement of the Nobel Peace
Prize triggered similar security responses. Authorities in the XUAR
used house arrest and other forms of arbitrary detention against those
accused of supporting the ``three evils'' of religious extremism,
``splittism,'' and terrorism.

e. Denial of Fair Public Trial.--The law states that the courts
shall exercise judicial power independently, without interference from
administrative organs, social organizations, and individuals. However,
in practice the judiciary was not independent. Legal scholars have
interpreted President Hu Jintao's doctrine of the ``Three Supremes'' as
stating that the interests of the Party are above the law. Judges
regularly received political guidance on pending cases, including
instructions on how to rule, from both the Government and the CCP,
particularly in politically sensitive cases. The CCP Law and Politics
Committee has the authority to review and influence court operations at
all levels of the judiciary.
Corruption also influenced court decisions. Safeguards against
judicial corruption were vague and poorly enforced. Local governments
appoint and pay local court judges and, as a result, often exerted
influence over the rulings of judges in their districts.
Courts are not authorized to rule on the constitutionality of
legislation. The law permits organizations or individuals to question
the constitutionality of laws and regulations, but a constitutional
challenge can only be directed to the promulgating legislative body. As
a result, lawyers had little or no opportunity to use the constitution
in litigation.
On February 9, Tan Zuoren was sentenced to five years in prison and
three years' deprivation of political rights for ``inciting subversion
of state power'' in a trial that was closed to the public (see
Political Prisoners section). Tan had attempted to collect the names of
students who died in the May 2008 Sichuan earthquake. The sentence was
upheld by the Sichuan High People's Court on June 9.
On July 23, an Urumqi court sentenced Uighur journalist Gheyret
Niyaz to 15 years in prison for ``endangering state security.'' Niyaz,
detained since October 2009, was reportedly not allowed access to
defense counsel during his trial.
Nobel Peace Prize laureate Liu Xiaobo, coauthor of the Charter 08
manifesto, which called for increased political freedoms and human
rights in China, was found guilty of the crime of ``inciting subversion
of state power'' in a December 2009 trial that included serious due
process violations. The Beijing High People's Court denied Liu's appeal
on February 11.

Trial Procedures.--There was no presumption of innocence, and the
criminal justice system was biased toward a presumption of guilt,
especially in high-profile or politically sensitive cases. According to
the China Law Yearbook, in 2009 the combined conviction rate for first-
and second-instance criminal trials was 99.9 percent. Of 997,872
criminal defendants tried in 2009, 1,206 were acquitted. In many
politically sensitive trials, courts handed down guilty verdicts with
no deliberation immediately following proceedings. Courts often
punished defendants who refused to acknowledge guilt with harsher
sentences than those who confessed. The appeals process rarely resulted
in overturned convictions. Appeals processes failed to provide
sufficient avenues for review, and there were inadequate remedies for
violations of defendants' rights.
Supreme People's Court regulations require all trials to be open to
the public, with the exceptions of cases involving state secrets,
privacy issues, and minors. Authorities used the state-secrets
provision to keep politically sensitive proceedings closed to the
public and sometimes even to family members and to withhold access to
defense counsel. Court regulations state that foreigners with valid
identification should be allowed to observe trials under the same
criteria as Chinese citizens. In practice foreigners were permitted to
attend court proceedings only by invitation. As in past years, foreign
diplomats and journalists unsuccessfully sought permission to attend a
number of trials. In some instances the trials were reclassified as
``state secret'' cases or otherwise closed to the public. Foreign
diplomats requested but were denied permission to attend the February
2009 trial of human rights advocate Huang Qi on charges of illegally
possessing state secrets. Huang was sentenced in November 2009 to three
years' imprisonment. His appeal was denied by the Chengdu Intermediate
Court on February 8. According to NGO reports, Huang was not granted a
formal appeal hearing before the decision was made. Requests by foreign
diplomats to attend the February appeal hearing in the case of Liu
Xiaobo were denied. Some trials were broadcast, and court proceedings
were a regular television feature. A few courts published their
verdicts on the Internet.
The law grants most defendants the right to seek legal counsel upon
their initial detention and interrogation, although police frequently
violated this right. Individuals who face administrative detention do
not have the right to seek legal counsel. Human rights lawyers reported
that they were denied the ability to defend certain clients or
threatened with punishment if they chose to do so.
Both criminal and administrative defendants were eligible for legal
assistance although 70 percent or more of criminal defendants went to
trial without a lawyer. According to the China Law Yearbook, the number
of legal-aid cases in 2009 totaled 542,686, a slight decrease from the
previous year. Legal-aid personnel totaled 13,081, a slight increase
over 2008, the vast majority of whom majored in law. Despite these
slight shifts, the number of legal-aid personnel remained inadequate to
meet demand. Non-attorney legal advisors provided the only legal-aid
options in many areas.
Some lawyers declined to represent defendants in politically
sensitive cases, and such defendants frequently found it difficult to
find an attorney. The Government took steps to discourage lawyers from
representing defendants in sensitive cases. Following the July 2009
unrest in the XUAR, the Beijing Municipal Judicial Bureau posted a
notice on its Web site urging justice bureaus, the Beijing Municipal
Lawyers Association, and law firms in Beijing to ``exercise caution''
in representing defendants facing charges related to the riots. Similar
measures were taken with respect to Tibetan defendants. Certain
Beijing-based rights lawyers were told they could not represent jailed
Tibetans. Tibetan filmmaker Dhondup Wangchen was denied counsel of his
choosing as the attorney hired by his family was replaced with a
government-appointed lawyer for his 2009 trial and 2010 appeal. Certain
local governments in the XUAR and Tibetan areas implemented regulations
stipulating that only locally registered attorneys were authorized to
represent local defendants.
When defendants were able to retain counsel in politically
sensitive cases, government officials sometimes prevented attorneys
from organizing an effective defense. Tactics employed by court and
government officials included unlawful detentions, disbarment,
harassment and physical intimidation and denial of access to evidence.
In August security guards barred lawyer Zhang Kai from entering a
courthouse in Linfen County, Shanxi Province, to file an administrative
lawsuit on behalf of members appealing the potential destruction of a
church building. According to domestic media, on April 7, when two
lawyers tried to file a suit at the Heilongjiang High People's Court on
behalf of villagers who believed they were unfairly compensated in a
land requisition case, court police assaulted them, detaining one of
the lawyers for two hours. The lawyers believed the attack was intended
to prevent them from filing the lawsuit.
In April 2009 Beijing lawyer Cheng Hai was attacked and beaten
while on his way to meet with a Falun Gong client in Chengdu, Sichuan
Province. According to Cheng, those responsible for the attack were
officials from the Jinyang General Management Office, Wuhou District,
Chengdu.
The annual licensing review process was used to withhold licenses,
and therefore the ability to practice law, from a number of human
rights and public interest lawyers. According to the Beijing Lawyers
Association , 95 percent of Beijing attorneys were re-licensed in the
2010 annual review process. However, attorneys whose licenses were not
renewed included a number of prominent human rights lawyers including
Jiang Tianyong, Teng Biao,Wen Haibo, Zhang Lihui, Tong Chaoping, Yang
Huiwen, and Li Jinsong. Shanghai rights lawyers Zheng Enchong and Guo
Guoting were denied the renewal of their licenses as the result of a
similar administrative finding in 2008.
On April 30, the Beijing Municipal Bureau of Justice permanently
revoked the licenses of lawyers Liu Wei and Tang Jitian who had been
active in defending human rights and religious freedom-related cases.
On May 4, Liu and Tang filed a criminal complaint claiming that by
revoking their licenses the Bureau of Justice Lawyers Management
Department had abused its power in retaliation for their activism on
behalf of lawyers.
Defense attorneys may legally be held responsible if their client
commits perjury, and prosecutors and judges have wide discretion to
decide what constitutes perjury. In some sensitive cases, lawyers had
no pretrial access to their clients, and defendants and lawyers were
not allowed to communicate with one another during trials. In practice
criminal defendants were frequently not assigned an attorney until a
case was brought to court. Despite a 2008 statement by SPC Vice
President Zhang Jun that 37 percent of criminal defendants were
represented by lawyers, in 2009 only one in seven criminal defendants
reportedly had legal representation.
Mechanisms allowing defendants to confront their accusers were
inadequate. Only a small percentage of trials involved witnesses and
less than 10 percent of subpoenaed witnesses appeared in court. In most
criminal trials, prosecutors read witness statements, which neither the
defendants nor their lawyers had an opportunity to rebut. Although the
criminal procedure law states that pretrial witness statements cannot
serve as the sole basis for conviction, prosecutors relied heavily on
such statements to support their cases. Defense attorneys had no
authority to compel witnesses to testify or to mandate discovery,
although they could apply for access to government-held evidence
relevant to their case. Pretrial access to information by defense
attorneys was minimal. Denial of due process by police and prosecutors
led to particularly egregious consequences in capital cases.
At year's end the Criminal Code contained 68 capital offenses,
including nonviolent financial crimes such as counterfeiting currency,
embezzlement, and corruption. In August state media reported that a
pending amendment to the capital-punishment law would remove 13
nonviolent economic crimes--ranging from smuggling relics and
endangered animals to falsifying tax receipts--from the list of capital
crimes. Persons above the age of 75 would be eligible for the exemption
from the death penalty. There was no public information on how many
defendants were either sentenced to the death penalty or executed
during the year.
In 2007 the Supreme People's Court (SPC) resumed the practice of
reviewing all convictions that resulted in death sentences before
executions may be carried out; with the exception of death sentences
with a two-year reprieve. SPC spokesman Ni Shouming stated that, since
reassuming the death penalty reviews, the SPC had returned 15 percent
of death sentences to lower courts for further review based on unclear
facts, insufficient evidence, inappropriate use of the death penalty,
and inadequate trial procedures. Because official statistics remained a
state secret, it was not possible to evaluate independently the
implementation and effects of the procedures.
An international human rights NGO estimated that approximately
5,000 persons were executed during 2009.

Political Prisoners and Detainees.--Government officials continued
to deny holding any political prisoners, asserting that authorities
detained persons not for their political or religious views but because
they violated the law. However, the authorities continued to imprison
citizens for reasons related to politics and religion. Tens of
thousands of political prisoners remained incarcerated, some in prisons
and others in RTL camps or administrative detention. The Government did
not grant international humanitarian organizations access to political
prisoners.
Foreign NGOs estimated that several hundred persons remained in
prison for ``counterrevolutionary crimes,'' which were repealed from
the criminal code in 1997. Thousands of others were serving sentences
under state security statutes. Foreign governments urged the Chinese
government to review the cases of those charged before 1997 with
counterrevolutionary crimes and to release those who had been jailed
for nonviolent offenses under repealed provisions of the criminal law.
At year's end no systematic review had occurred. The Government
maintained that prisoners serving sentences for counterrevolutionary
crimes and endangering state security were eligible to apply for
sentence reduction and parole. However, political prisoners were
granted early release at lower rates than prisoners in other
categories. Persons were believed to remain in prison for crimes in
connection with their involvement in the 1989 Tiananmen prodemocracy
movement. The exact number was unknown because related official
statistics were never made public.
On January 15, Zhou Yongjun, a former Tiananmen Square student
leader, was sentenced to nine years in prison for ``fraud'' by a
Shehong County, Sichuan Province court, following his November 2009
trial. Zhou had been detained in 2008 in Hong Kong while attempting to
enter the country on a forged Malaysian passport in order to visit his
ailing father. Although cleared by Hong Kong authorities of involvement
in bank fraud, he was transferred to the custody of PRC authorities.
In August 2009 activist Tan Zuoren went on trial for defaming the
CCP, the charge resulting from his social advocacy work. On February 9,
Tan was sentenced to five years in prison and three years' deprivation
of political rights for ``inciting subversion of state power.''
In July Charter 08 signatory and activist Liu Xianbin was indicted
for subversion for an article he wrote following his 2009 release from
a previous prison term. At year's end Liu was detained and awaiting
trial in Suining, Sichuan Province. Liu was reportedly denied access to
his lawyers during his detention.
In March 2009 labor activist and lawyer Yuan Xianchen was convicted
of ``inciting subversion of state power'' and sentenced to four years
in prison and five years' deprivation of political rights, on the basis
of articles he had written on implementing constitutional democracy.
Many political prisoners remained in prison or under other forms of
detention at year's end, including rights activists Hu Jia and Wang
Bingzhang; Alim and Ablikim Abdureyim, sons of Uighur activist Rebiya
Kadeer; journalist Shi Tao; democratic reform advocate Wang Xiaoning;
land rights activist Yang Chunlin; Internet commentator Xu Wei; labor
activists Hu Mingjun, Huang Xiangwei, Kong Youping, Ning Xianhua, Li
Jianfeng, Li Xintao, Lin Shun'an, Li Wangyang, and She Wanbao; Catholic
bishop Su Zhimin; Christian activist Zhang Rongliang; Uighur activist
Dilkex Tilivaldi; and Tibetan Tenzin Deleg.
In September rights lawyer Chen Guangcheng was released from prison
following the completion of his sentence and was immediately placed
under house arrest, along with his wife. In November democracy activist
Qin Yongmin was released in Wuhan, after serving a 12-year sentence for
``endangering state security.'' According to media reports, police
officers confiscated his prison writings and warned him not to speak to
reporters or meet other dissidents. At year's end Zhao Lianhai, who had
been indicted on criminal charges for his advocacy on behalf of victims
of tainted milk, was released on medical parole, but his whereabouts
and welfare remained unconfirmed.
Criminal punishments continued to include ``deprivation of
political rights'' for a fixed period after release from prison, during
which time the individual is denied rights of free speech and
association. Former prisoners sometimes found their ability to find
employment, freedom to travel, access to residence permits and social
services severely restricted. Former political prisoners and their
families frequently were subjected to police surveillance, telephone
wiretaps, searches, and other forms of harassment.

Civil Judicial Procedures and Remedies.--Courts deciding civil
matters faced the same limitations on judicial independence as in
criminal cases. The State Compensation Law provides administrative and
judicial remedies for plaintiffs whose rights or interests have been
infringed by government agencies or officials, including wrongful
arrest or conviction, extortion of confession by torture, unlawful use
of force resulting in bodily injury, illegal revocation of a business
license, or illegal confiscation or freezing of property. In April the
National People's Congress Standing Committee amended the law to allow
for compensation for wrongful detention, mental trauma, or physical
injuries inflicted by detention center or prison officials. In civil
matters successful plaintiffs often found it difficult to enforce court
orders.
Companies affected by a July 16 oil spill in Dalian, Liaoning
Province, were prevented from filing lawsuits for damages resulting
from the spill. City officials visited one company to urge it to drop
its claims, according to domestic media. In August police in Beijing
intercepted fishermen and other Dalian residents impacted by the spill
when they attempted to file a petition seeking compensation.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law states that the ``freedom and privacy of
correspondence of citizens are protected by law''; however, in practice
authorities often did not respect the privacy of citizens. Although the
law requires warrants before law enforcement officials can search
premises, this provision frequently was ignored. The Public Security
Bureau (PSB) and prosecutors are authorized to issue search warrants on
their own authority without judicial review. Cases of forced entry by
police officers continued to be reported.
Authorities monitored telephone conversations, fax transmissions,
e-mail, text messaging, and Internet communications. Authorities also
opened and censored domestic and international mail. Security services
routinely monitored and entered residences and offices to gain access
to computers, telephones, and fax machines.
The monitoring and disruption of telephone and Internet
communications were particularly widespread in the XUAR and Tibetan
areas. Authorities frequently warned dissidents and activists,
underground religious figures and former political prisoners not to
meet with foreign journalists or diplomats, especially before sensitive
anniversaries, at the time of important government or party meetings,
and during the visits of high-level foreign officials. Security
personnel also harassed and detained the family members of political
prisoners, including following them to meetings with foreign reporters
and diplomats and urging them to remain silent about the cases of their
relatives.
Family members of activists, dissidents, Falun Gong practitioners,
journalists, unregistered religious figures, and former political
prisoners were targeted for arbitrary arrest, detention, and harassment
(see section 1.d.).
Forced relocation because of urban development continued and in
some locations increased during the year. Protests over relocation
terms or compensation were common, and some protest leaders were
prosecuted. In rural areas relocation for infrastructure and commercial
development projects resulted in the forced relocation of millions of
persons.
Property-related disputes between citizens and government
authorities, which often turned violent, were widespread in both urban
and rural areas. These disputes frequently stemmed from local officials
colluding with property developers to pay little or no compensation to
displaced residents, combined with a lack of effective government
oversight or media scrutiny of local officials' involvement in property
transactions, as well as a lack of legal remedies or other dispute
resolution mechanisms for displaced residents. The problem persisted
despite central government efforts to impose stronger controls over
illegal land takings and to standardize compensation. International
media and other observers have raised doubt whether development of
historically or culturally sensitive land, such as the Old City area in
Kashgar, XUAR, was carried out in a transparent, fair manner.
In November Chinese media reported that a woman committed suicide
by self-immolation in Chengdu, Sichuan Province, after district
authorities ordered the house of her ex-husband be forcibly demolished
following failed negotiations with the landlord. In December Chinese
media reported a case of self-immolation to protest a forced eviction
in Beijing. In this case, in an attempt to stop the forced demolition
of his family's house in Beijing's Haidian district, the individual
reportedly burned himself, but survived. His mother and his wife were
injured during the confrontation with workers carrying out the
demolition order. Local media reported that the head of the district
where the demolition happened also had an interest in the real estate
development company responsible for development of the area.
National law prohibits the use of physical coercion to compel
persons to submit to abortion or sterilization. However, intense
pressure to meet birth limitation targets set by government regulations
resulted in instances of local family-planning officials using physical
coercion to meet government goals. Such practices included the
mandatory use of birth control and the abortion of unauthorized
pregnancies. In the case of families that already had two children, one
parent was often pressured to undergo sterilization.
A U.S.-based human rights organization reported that in August, the
one-month-old daughter of a mother in Changfeng County, Anhui Province,
was detained by local family-planning officials until the woman signed
a document consenting to a sterilization procedure.
In April as reported by a regional investigative newspaper
affiliated with the newspaper Southern Daily and later in the
international press, local family-planning officials in Puning,
Guangdong Province, initiated an ``education campaign'' to encourage
nearly 9,559 ``most serious violators of family-planning policies'' to
undergo sterilization procedures. Reportedly, 1,300 persons were
detained during this process, including family members of couples who
had unauthorized births, until at least one member of the couple in
violation submitted to a sterilization procedure.
In late-April officials in Pingxiang, Jiangxi Province, levied a
RMB 2,000 ($300) fine and threatened to demolish the home of the
parents of a migrant worker who failed to submit his family-planning
paperwork.
Laws and regulations forbid the termination of pregnancies based on
the sex of the fetus, but because of the intersection of birth
limitations and a traditional preference for male children,
particularly in rural areas, many families used ultrasound technology
to identify female fetuses and terminate these pregnancies. National
Population and Family Planning Commission (NPFPC) regulations ban non-
medically necessary determinations of the sex of the fetus and sex-
selective abortions, but some experts believed that the penalties for
violating the regulations were not severe to deter unlawful behavior.
According to government estimates released in February, the national
average for the male-female sex ratio at birth was 119 to 100 in 2009
(compared with norms elsewhere of between 103 and 107 to 100). The
Chinese Academy of Social Sciences estimated that by 2020, there could
be as many as 24 million more men than women of marriageable age (ages
19-45) in China. In September Vice Premier Li Keqiang announced that
the Government would ``launch measures to narrow the widening ratio of
men and women.''
Regulations requiring women who violate family-planning policy to
terminate their pregnancies still exist in the 25th, 42nd, and 22nd
provisions of the Population and Family Control Regulation of Liaoning,
Jilin, and Heilongjiang provinces, respectively. An additional 10
provinces--Fujian, Guizhou, Guangdong, Gansu, Jiangxi, Qinghai,
Sichuan, Shanxi, Shaanxi, and Yunnan--require unspecified ``remedial
measures'' to deal with unauthorized pregnancies (see section 6).
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, although the Government generally did not
respect these rights in practice. The Government continued to control
print, broadcast, and electronic media tightly and used them to
propagate government views and CCP ideology. During the year the
Government increased censorship and manipulation of the press and the
Internet during sensitive anniversaries.
Foreign journalists were generally prevented from obtaining permits
to travel to Tibet except for highly controlled, government-organized
press visits. While foreign journalists were allowed access to Urumqi,
XUAR after the July 2009 riots, and during the year, local and
provincial authorities continued to strictly control the travel,
access, and interviews of foreign journalists, even forcing them to
leave cities in parts of the XUAR. Media outlets received regular
guidance from the Central Propaganda Department, listing topics that
should not be covered. After events such as the July 2009 riots, the
2008 Sichuan earthquake, or the 2010 Yushu earthquake media outlets
were told to cover the stories using content carried by government-
controlled Xinhua and China Central Television.
The General Administration of Press and Publication; the State
Administration of Radio, Film, and Television, and the CCP remained
active in issuing restrictive regulations and decisions constraining
the content of broadcast media.
The range of permissible public discourse continued to expand, with
significant exceptions including speech that challenged the Government
or the CCP. Political topics could be discussed privately and in small
groups without punishment. However, those who made politically
sensitive comments in public speeches, academic discussions, and
comments to the media remained subject to punitive measures.
Authorities frequently intervened to halt public speeches and lectures
on politically sensitive topics.
In March 2009 police detained Zhang Shijun, a former PLA soldier
for publishing an open letter to President Hu Jintao expressing regret
over his involvement in the Tiananmen massacre and urging the CCP to
reconsider its condemnation of the 1989 demonstrations. At year's end
his whereabouts remained unknown.
The Government also frequently monitored gatherings of
intellectuals, scholars, and dissidents where political or sensitive
issues were discussed. Individuals who aired views critical of the
Government or the CCP, particularly those who shared such views with
foreign audiences, risked punishments ranging from disciplinary action
in the workplace to police interrogation and detention. In 2008 to
commemorate International Human Rights Day, a group of 303
intellectuals and activists released a petition entitled ``Charter
08,'' calling for the CCP to respect human rights and implement
democratic reforms in China. Many Charter 08 signers continued to
report official harassment, especially around sensitive dates, such as
the 2010 Nobel Peace Prize ceremony.
In addition to the arbitrary detention of activists during the 2010
World Expo, Shanghai authorities also prevented some local activists
from participating in Expo seminars hosted by foreign governments.
Activists reported that they were told by the authorities not to attend
Expo events, including forum discussions on civil society and the rule
of law hosted by a foreign government.
The CCP directed the domestic media to refrain from reporting on
certain subjects, and all broadcast programming required government
approval. Nearly all print media, broadcast media, and book publishers
were affiliated with the CCP or a government agency. There were a small
number of privately owned print publications but no privately owned
television or radio stations.
International media were not allowed to operate freely and faced
heavy restrictions.
In early June, a foreign journalist was allowed to interview
victims of the Sichuan earthquake only in the presence of foreign
affairs and propaganda officials.
In February police harassed a group of nine Hong Kong journalists
attempting to cover the sentencing in Chengdu of activist Tan Zuoren.
When the journalists attempted to interview Tan's lawyer and relatives
outside the courthouse police reportedly used physical force to move
them into a courthouse holding room, injuring one journalist in the
process.
Authorities barred foreign journalists from filming in, or
entering, Tiananmen Square during sensitive periods.
Authorities continued to enforce tight restrictions on Chinese
citizens employed by foreign news organizations. In February 2009 the
Government issued a code of conduct for Chinese employees of foreign
media organizations. The code threatens dismissal and loss of
accreditation for Chinese employees who engaged in ``independent
reporting'' and instructed them to provide their employers with
information that projects a good image of the country. The Foreign
Correspondents' Club of China denounced the code of conduct as part of
a government effort to intimidate their Chinese employees.
Officials can be punished for unauthorized contact with
journalists. Official guidelines for journalists were often vague,
subject to change at the discretion of propaganda officials, and
retroactively enforced. Propaganda authorities have forced newspapers
to fire editors and journalists responsible for articles deemed
inconsistent with official policy and have suspended or closed
publications. The system of post-publication review by propaganda
officials encourages self-censorship by editors, in an effort to avoid
the losses associated with penalties for inadvertently printing
unauthorized content.
Government officials used criminal prosecution, civil lawsuits, and
other punishments, including violence, detention, and other forms of
harassment, to intimidate authors and journalists and to prevent the
dissemination of controversial writings.
A domestic journalist can face demotion or job loss for publishing
views that challenge the Government.
In August cartoonist Kuang Biao was reportedly reprimanded, fined
RMB 1,500 (approximately $224), and demoted by his employer, the
Southern Metropolis Daily, for publishing a cartoon in his personal
blog. The cartoon depicted journalist Chang Ping tied up and in a
stranglehold in a reference to Chang's 2008 removal as deputy editor of
the Southern Metropolis Weekly after publishing an opinion piece on
Tibet in the Financial Times.
Journalists who remained in prison included Lu Gengsong, Lu
Jianhua, Huang Jinqiu, and Shi Tao. During the year journalists working
in traditional and new media sources were also imprisoned.
According to government information, Uighur journalist Memetjan
Abdulla was sentenced to life in prison in April reportedly for
transmitting ``subversive'' information related to the July 2009 riots.
Abdulla, an employee of the Uighur-language service of Chinese National
Radio, was reportedly sentenced in a closed-door trial (see section
1.a.).
In July Uighur webmasters Dilshat Perhat, Nureli, and Nijat Azat
were convicted of ``endangering state security,'' receiving sentences
of five, 10, and 10 years, respectively. The verdicts were reportedly
handed down at closed door trials in the Urumqi Intermediate Court.
In March the Economic Observer fired deputy editor in chief Zhang
Hong for orchestrating a joint editorial published by 13 Chinese
newspapers calling for reform of the household-registration, or hukou,
system and characterizing the system as unconstitutional and unfair to
rural residents.
Journalists and editors who exposed corruption scandals frequently
faced retaliation. In July Zhejiang Province public security officials
placed Economic Observer reporter Qiu Ziming on a national ``wanted''
list on charges of libel after Qiu published a series of reports
alleging theft of state assets and insider trading in a publicly listed
company. The Economic Observer issued a public statement criticizing
the warrant and defending the stories as accurate. Other newspapers
expressed public support for the Economic Observer, and the incident
was widely discussed on the Internet. Local officials later rescinded
the warrant and publicly apologized.
Authorities continued to confiscate ``unauthorized publications,''
but due to data collection methods, which put potentially politically
sensitive documents in the same category as pornography and pirated
materials, it is difficult to determine how much of the reported 65
million confiscated items in 2009 were in each category. Officials
continued to censor, ban, and sanction reporting on labor, health,
environmental crises, and industrial accidents. Authorities restricted
reporting on stories such as the melamine milk scandal, schools
destroyed during the Sichuan earthquake, and the July 2009 riots in
Urumqi. Authorities also continued to ban books with content they
deemed controversial.
Widespread attention in the press to suicides at a Shenzhen factory
and the waves of strikes that hit Guangdong factories in May and June
prompted the Government to pressure domestic media outlets not to
report on labor disputes.
The law permits only government-approved publishing houses to print
books. The State Press and Publications Administration (PPA) controlled
all licenses to publish. Newspaper, periodicals, books, audio and video
recordings, or electronic publication may not be printed or distributed
without the approval of the PPA and relevant provincial publishing
authorities. Individuals who attempted to publish without government
approval faced imprisonment, fines, confiscation of their books, and
other sanctions. The CCP exerted control over the publishing industry
by preemptively classifying certain topics as state secrets.
Many intellectuals and scholars exercised self-censorship,
anticipating that books or papers on political topics would be deemed
too sensitive to be published. The censorship process for private and
government media also increasingly relied on self-censorship and, in a
few cases, post-publication sanctions.
According to the PEN American Center, Korash Huseyin, former editor
of the Uighur-language Kashgar Literature Journal, was released in 2008
after having served a full three year sentence, but his whereabouts
remained unknown. Huseyin was sentenced in 2005 to three years in
prison for publishing a short story that authorities considered
critical of CCP rule of Xinjiang.
Authorities continued to jam, with varying degrees of success,
Chinese-, Uighur-, and Tibetan-language broadcasts of the VOA, BBC, and
Radio Free Asia (RFA). English-language broadcasts on VOA generally
were not jammed. Government jamming of RFA and BBC appeared to be more
frequent and effective. Internet distribution of streaming radio news
and podcasts from these sources often was blocked. Despite jamming
overseas broadcasts, VOA, BBC, RFA, Deutsche Welle, and Radio France
International had large audiences, including human rights advocates,
ordinary citizens, and government officials.
Television broadcasts of foreign news, largely restricted to hotels
and foreign residence compounds, were occasionally subject to
censorship. Such censorship of foreign broadcasts also occurred around
the anniversary of the 1989 crackdown in Tiananmen Square. Individual
issues of foreign newspapers and magazines were occasionally banned
when they contained articles deemed too sensitive.
Politically sensitive coverage in Chinese, and to a lesser extent
in English, was censored more than coverage in other languages. The
Government prohibited some foreign and domestic films deemed too
sensitive.
Authorities continued to limit media reporting on disasters.
Following a plane crash in Yichun, Heilongjiang, that killed 42 persons
on August 24, local authorities attempted to prevent domestic reporters
from covering the disaster. According to domestic media, local police
detained four journalists from three separate domestic news
organizations who were attempting to cover the crash. Police later
apologized for the detentions. However, documents leaked to foreign
media suggested that the CCP issued orders that only the CCP newspapers
Heilongjiang Daily, People's Daily, and Yichun Daily would be
authorized to send reporters to Yichun to cover the crash.
According to the August 17, 2009 issue of Caijing magazine, the
Government plans to provide 300 million users with high speed fiber
optic cable Next Generation Broadcasting broadband and cable television
in approximately 10 years at a cost of RMB 100 billion (approximately
$15.2 billion). According to comments made by a Shanghai China Telecom
Deputy Chief Engineer ``through the end of 2010, Shanghai Telecom city
fiber optic cable network was capable of covering 1.5 million homes and
had 300,000 users. During the 12th Five Year Plan period, Shanghai
Telecom will.finish the overall coverage of optic cable access.'' Some
analysts believe that broadband and cable television could reduce the
use of satellite dishes that the Government has suggested threaten the
moral and political security of the country. Another strategy
implemented in part to protect the country's information security was
the launch in 2008 of the Chinasat 9 broadcast satellite that uses a
unique digital broadcast standard so individuals who buy boxes to
decode the satellite signal will not be able to watch programming on
other satellites with less restricted content.
There was also a government program called ``connecting the
villages'' that has been replacing the many illegal albeit heretofore
tolerated individual satellite dishes with community satellite cable
systems. In January 2009 persons in rural Guizhou reported that this
program was not popular there, since private dishes and receivers were
inexpensive and brought in 60 channels while a community cable system
often brings in only 20 or so channels.
An unofficial source described a government campaign to tear down
some of the illegal satellite dishes, which were common throughout the
country. The campaign has been most rigorous in minority areas. There
is also a phenomenon known as ``insertion broadcasting''--whereby
politically incorrect parts of a broadcast from Hong Kong are replaced
by material favored by the Government before broadcasting on Guangdong
television. It also could refer to illegal insertion of programming
into cable television systems.

Internet Freedom.--In June the Information Office of the State
Council released its first White Paper on the Internet; it outlined the
Government's endeavors to guarantee certain freedoms of speech on the
Internet as long as the speech did not endanger state security, subvert
state power, damage state honor and interests, jeopardize state
religious policy, propagate heretical or superstitious ideas, or spread
rumors and other content forbidden by laws and administrative
regulations among other caveats.
The China Internet Network Information Center announced in June
that the number of Internet users had increased to 420 million, 364
million of whom had broadband access. Xinhua News Agency reported that
users of Internet-capable mobile phones had reached 277 million and
accounted for 65.9 percent of total Internet users in the country. In
this rapidly expanding networked environment, the CCP continued to
increase efforts to monitor Internet use, control content, restrict
information, block access to foreign and domestic Web sites, encourage
self-censorship, and punish those who violate regulations. According to
news sources, more than 14 government ministries participated in these
efforts, resulting in the censorship of thousands of domestic and
foreign Web sites, blogs, cellphone text messages, social networking
services, online chat rooms, online games, and e-mail. These measures
were not universally effective.
A 2005 State Council regulation deemed personal blogs, computer
bulletin boards, and cellphone text messages as part of the news media,
which subjected these media to state restrictions on content. Internet
service providers were instructed to use only domestic media-news
postings, to record information useful for tracking users and their
viewing habits, to install software capable of copying e-mails, and to
end immediately transmission of ``subversive material.''
The Ministry of Public Security, which monitors the Internet under
guidance from the CCP, employed thousands of persons at the national,
provincial, and local levels to monitor electronic communications.
Officials considered tools like social networking, micro-blogging, and
video-sharing sites a major vulnerability for social stability and
political control. The Information Office announced the formation of a
new bureau in April. This new agency, officially called the Internet
News Coordination Bureau, often referred to as Bureau Nine, operates
under the State Council Information Office and is mainly responsible
for ``guidance, coordination, and other work related to the
construction and management of Web culture.'' Previously, the
Information Office operated a single Bureau of Internet Affairs which
supervised sites that published news in China.
During the year provinces in northeast China strengthened control
of the Internet, especially at Internet cafes. According to media
reports, Liaoning Province successfully implemented a program to force
independent Internet cafes to join larger franchises controlled by
state-owned enterprises (SOEs). Liaoning Province also implemented
regulations to ensure that the identities of all Internet cafe patrons
could be verified and that software could be installed to allow
authorities to monitor Internet use in real time and remotely control
cafe computers.
Major news portals, which reportedly were complying with secret
government orders, required users to register using their real names
and identification numbers to comment on news articles. Individuals
using the Internet in public libraries were required to register using
their national identity card. Internet usage reportedly was monitored
at all terminals in public libraries. Internet cafes were required to
install software that allows government officials to monitor customers'
Internet usage. Internet users at cafes were often subject to
surveillance. Many cafes sporadically enforced regulations requiring
patrons to provide identification. In June 2009 the Ministry of
Industry and Information Technology (MIIT) issued a directive
instructing Internet cafes and schools to install ``Green Dam''
software designed to censor objectionable Internet content based on an
updatable central database. The software had been intended for
installation in all computers sold in the country; however, objections
from industry groups, Internet users, and foreign governments related
to privacy and security concerns appeared to contribute to the
postponement of enforcement of the directive. In July MIIT announced
that it stopped funding the distribution and maintenance of the
software.
The Government consistently blocked access to Web sites it deemed
controversial, especially those discussing Taiwan and Tibetan
independence, underground religious and spiritual organizations,
democracy activists, and the 1989 Tiananmen massacre. The Government
also at times blocked access to selected sites operated by major
foreign governments, news outlets, health organizations, educational
institutions, and social networking sites, as well as to search
engines, that allow rapid communication or organization of users.
Some Web sites included images of cartoon police officers that warn
users to stay away from forbidden content. Operators of Web portals,
blog-hosting services, and other content providers engaged in self-
censorship to ensure their servers were free from politically sensitive
content. Domestic Web sites that refused to self-censor political
content were shut down, and many foreign Web sites were blocked.
During the year particularly during periods around sensitive
events, authorities maintained tight control over Internet news and
information. Access to foreign and domestic social networking sites was
limited around Google's announcement it was considering leaving the
country, the anniversary of the July 2009 riots in Xinjiang, the
announcement of Liu Xiaobo's Nobel Peace Prize and the December prize
ceremony, and other major events. In the wake of the riots in Urumqi,
the Government asserted that information spread on the Internet had
contributed to the violence, resulting in the complete shutdown of all
Internet access, text messaging, and international telephone calls from
the region. By January restrictions on international long-distance
telephone calls to and from the XUAR had been lifted. Full Internet
service was restored to the XUAR in May--10 months after it was
blocked.
Authorities employed an array of technical measures to block
sensitive Web sites based in foreign countries. The ability of users to
access such sensitive sites varied from city to city. The Government
also automatically censored e-mail and Web chats based on an ever-
changing list of sensitive key words, such as ``Falun Gong'' and
``Tibetan independence.'' While such censorship was effective in
keeping casual users away from sensitive content, it was defeated
easily through the use of various technologies. Software for defeating
official censorship was readily available inside the country. Despite
official monitoring and censorship, during the year dissidents and
political activists continued to use the Internet to advocate and call
attention to political causes such as prisoner advocacy, political
reform, ethnic discrimination, corruption, and foreign policy concerns.
Web users spanning the political spectrum complained of censorship. The
blogs of a number of prominent activists, artists, scholars, and
university professors were periodically blocked during the year.
Given the limitations of technical censorship, self-censorship by
Internet companies remained the primary means for authorities to
restrict speech online. All Web sites are required to be licensed by or
registered with MIIT, and all Internet content providers faced
potential suspension of their licenses for failing to adequately
monitor users of e mail, chat rooms, and instant messaging services.
The Internet Society of China, a group composed of private and state-
run Internet companies, government offices, and academic institutions,
cosponsored a Web site in 2009, China Internet Illegal Information
Reporting Centre, which invited members of the public to report illegal
online activity. Users were able to use the site to report not only
crimes, such as pornography, fraud, and gambling, but also ``attacks on
the party and government.'' Self-censorship by blog-hosting services
intensified prior to sensitive events.
On January 3, authorities disconnected labor activist Zhang
Shanguang's Internet service by orders of the Ministry of State
Security. His Internet service was restored January 5, but problems
remained with his service. Zhang was sentenced to 10 years in prison in
1998 for ``illegally providing intelligence to hostile organizations
overseas'' and ``incitement to overthrow the Government,'' charges
believed to be connected to his labor activism and contacts with
foreign journalists and human rights organizations.
In July the Urumqi Intermediate People's Court convicted three
Uighur webmasters--Dilshat Perhat, webmaster and owner of Diyarim;
Nureli, webmaster of Salkin; and Nijat Azat, webmaster of Shabnam--of
``endangering state security.'' Dilshat Perhat received five years in
prison; Nureli and Nijat Azat received three years and 10 years,
respectively. The convictions reportedly were linked to posting
politically sensitive language on the Web sites. The trials were
reportedly closed.
Authorities continued to jail numerous Internet writers for
peaceful expression of political views. Starting February 26, police in
Yunxi County, Hubei. detained Chen Yonggang and held him for eight days
on suspicion of ``insulting and slandering others'' after Chen posted
articles online alleging that local officials and businessmen had been
colluding to embezzle huge funds of money in the name of engineering
projects.
On May 17, Tang Lin, the parent of a one-year-old tainted milk
victim, wrote about the ``Sanlu Milk Power Incident'' in a QQ (on-line
chat) group saying that he would ``take extreme action.'' Police in
Chongqing arrested him May 19 and claimed that Tang's discussion in the
group intended to ``spread terrorizing information and create a
terrorizing atmosphere.'' He was punished with one-year of RTL. Tang's
online message was deleted and there was no way for the public to know
what he said to ``spread terrorizing information.''
On May 28, National Security officers summoned Suining, Sichuan
Province, dissident Liu Xianbin for articles he wrote and posted on
overseas Web sites, as well as for his involvement with a recent
seminar in Beijing regarding the case of three Fujian persons who were
imprisoned for Internet postings. On June 28, Liu was formally
detained, and at year's end, Liu remained in detention, awaiting a
hearing on charges of ``subversion of state power.''
On July 14, Web site managers at Sohu, Sina, and other major
domestic Internet portals shut down the blogs of at least 100 prominent
scholars, lawyers, and activists. Well-known bloggers, including He
Weifang, Liu Junning, Pu Zhiqiang, Xu Zhiyong, and Zhang Zuhua, were
among those whose blogs were removed.
On July 29, Nanjing resident Huang Yiyu was detained for an online
post regarding an explosion at a Nanjing chemical factory. The
explosion, which took place on July 28, killed at least a dozen workers
and injured hundreds, according to state media reports; Huang's post,
entitled ``News from the Secret Information Office: Nanjing Chemical
Factory Explosion Kills 259 People,'' claimed that the number of
fatalities from the blast was far higher. Huang was believed to have
been released on August 2. Reportedly, local officials took extreme
measures to prevent citizens from reporting on the incident, including
dispatching armed police to search the homes of nearby residents with
the aim of deleting any images or video of the scene.
On October 1, the revised State Secrets Law came into effect. An
article published on Xinhua Net stresses the responsibility of
providers of telecommunications services, especially Internet
companies, to ``stop the leaking of state secrets on the Internet in a
timely fashion.'' According to the revised law, Internet companies must
cooperate with investigations of suspected leakages of state secrets,
stop the transmission of such information once discovered, and report
the crime to the authorities. Furthermore, they must comply with the
authorities' orders when told to delete such information from their Web
sites. Internet companies which fail to comply with the revised law
will be punished by the relevant departments such as the police and the
Ministry of State Security.
In November Cheng Jianping was sentenced to a year in RTL for ``re-
tweeting'' a message related to a dispute between China and Japan. Her
purported crime was ``disturbing social order.''
Following his written support for Liu Xiaobo on the Internet, Zhao
Dagong, a Charter 08 signatory, was detained by the Shenzhen Police in
January. Police raided his house and took his computers for
investigation. Authorities released Zhao from detention two weeks
later.
In July 2009 Fan Yanqiong, along with two other bloggers, was
charged with ``false allegations with intent to harm'' for reporting
that a young woman was raped and killed by a group of men that included
local officials. In April a court in Fuqing, Fuzhou Province, sentenced
them to imprisonment on charges of defamation and leaking state
secrets. Fan received a two-year sentence; authorities released Fan on
medical parole in August, and at year's end she remained under house
arrest in Nanping. Access to Fan remained controlled.
Tibetan Internet writers Kunchok Tsephel and Kunga Tseyang were
sentenced to 15 years and five years in prison, respectively, in
separate cases in November 2009. Kunchok Tsephel was convicted on
``state secrets'' charges, while Kunga Tseyang was convicted on
multiple charges, including writing and posting splittist articles on
the Internet and having contact with a monk in India. Internet writer
and environmental activist Chen Daojun was sentenced to three years in
prison in 2008.
According to Reporters Without Borders 2010 statistics, there were
30 reporters and 74 cyber dissidents in prison.
Regulations prohibit a broad range of activities that authorities
interpret as subversive or slanderous to the state.

Academic Freedom and Cultural Events.--The Government continued
restrictions on academic and artistic freedom and political and social
discourse at colleges, universities, and research institutes.
Instructors generally were told not to raise certain sensitive topics
in class, such as the 1989 Tiananmen massacre. The General
Administration of Press and Publications, the State Administration of
Radio, Film, and Television, and the Central Propaganda Department were
active in issuing restrictive regulations and decisions that
constrained the flow of ideas and people.
Authorities on a few occasions blocked entry into the country of
speakers deemed politically sensitive and declined to issue passports
to individuals selected for international exchange programs who were
seen as politically unreliable, in particular individuals from minority
nationality areas.
Information outreach, educational exchanges, and other cultural and
public diplomacy programs organized by foreign governments occasionally
were subject to government interference. Foreign experts invited to
participate in foreign government-sponsored programs on certain topics
were denied visas.
A foreign media expert who was on a speaking tour in the country,
in which she had already spoken in Beijing, Shanghai, and Guangzhou,
was denied reentry to the mainland from Hong Kong.
A minority student from the XUAR who was selected for a foreign
government-sponsored academic exchange program was unable to
participate because authorities from his university in Xinjiang refused
to recommend granting him a passport.
A number of other foreign government-sponsored exchange selectees,
particularly those from minority provinces, encountered difficulties
gaining approval to travel to participate in their programs.
In April the Chinese Embassy in Moscow declined to issue a visa to
a Russian filmmaker invited to participate in a foreign government-
sponsored film festival in Beijing.
The Chinese Academy of Social Sciences (CASS) restricted access to
its computer networks and library databases for foreign scholars for a
period of several months. CASS officials stated that the problem was a
technical network security issue; affected scholars claimed there was
political motivation.
The Government used political attitudes and affiliations as
criteria for selecting persons for the few government-sponsored study
abroad programs but did not impose such restrictions on privately
sponsored students. The Government and the party controlled the
appointment of high-level officials at universities. While party
membership was not always a requirement to obtain a tenured faculty
position, scholars without party affiliation often had fewer chances
for promotion.
Researchers residing abroad also were subject to sanctions,
including denial of visas, from the authorities when their work did not
meet with official approval.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of peaceful assembly; however,
the Government severely restricted this right in practice. The law
stipulates that such activities may not challenge ``party leadership''
or infringe upon the ``interests of the state.'' Protests against the
political system or national leaders were prohibited. Authorities
denied permits and quickly suppressed demonstrations involving
expression of dissenting political views.
Citizens continued to gather publicly to protest evictions,
relocations, and compensation in locations throughout the county, often
resulting in conflict with authorities or other charges (see section
1.f.).
On April 29, approximately 500 villagers from Changchunling,
Heilongjiang Province, blocked railroad tracks to protest an announced
land requisition. More than 2,000 police, firefighters, and
paramilitary troops reportedly responded to the protest. The ensuing
riot resulted in injuries to both police officers and villagers.
According to some reports, following the riots, police surrounded the
village and shutdown communications networks including cell phones.
In mid-July citizens held a mass protest in Suzhou's Tong'an
Township, surrounding government offices and clashing with riot police.
The demonstrators were protesting relocation compensation rates.
On October 11, clashes between thousands of construction workers
and police began in Dujiangyan, after a confrontation between laborers
and management over unpaid wages left at least one worker dead. After
company staff allegedly beat and killed one of their ranks, hundreds of
workers blockaded a local road and subsequently clashed with police
sent to restore order.
On consecutive Sundays in late July and early August, more than
2,000 persons gathered in Guangzhou to protest a Guangdong Chinese
People's Political Consultative Conference proposal to scale down
Cantonese-language programming on Guangzhou television channels. Police
dispersed the crowd without incident on the first Sunday, but clashed
with demonstrators and detained journalists on the second Sunday.
Online comments and news coverage of the rallies, except for a
government press conference claiming there was no intention to
eliminate Cantonese and promote Mandarin, were removed from the
Internet.
All concerts, sports events, exercise classes, or other meetings of
more than 200 persons require approval from public security
authorities. Although peaceful protests are legal, in practice police
rarely granted approval. Despite restrictions, there were many
demonstrations, but those with political or social themes were broken
up quickly, sometimes with excessive force. The number of ``mass
incidents'' or violent protests against local government increased
during the year. As in past years, the vast majority of demonstrations
concerned land disputes; housing issues; industrial, environmental, and
labor matters; government corruption; taxation; and other economic and
social concerns. Others were provoked by accidents or related to
personal petition, administrative litigation, and other legal
processes.
The ability of an individual to petition the Government is
protected by law; however, persons petitioning the Government continued
to face restrictions on their rights to assemble and raise grievances.
Most petitions addressed grievances about land, housing, entitlements,
the environment, or corruption. Most petitioners sought to present
their complaints at national and provincial ``letters and visits''
offices. According to press accounts on April 12, more than 1,000
petitioners from villages in Zhuanghe knelt before the municipal
government headquarters while waiting to have their petitions heard.
They accused village leaders of corruption, embezzlement, and
negligence related to local land development schemes. Zhuanghe's Mayor,
Sun Ming, was forced to resign in the wake of the incident.
Although regulations banned retaliation against petitioners,
reports of retaliation continued. This was partly due to incentives
provided to local officials by the central government to prevent
petitioners in their regions from raising complaints to higher levels.
Incentives included provincial cadre evaluations based in part on the
number of petitions from their provinces. This initiative aimed to
encourage local and provincial officials to resolve legitimate
complaints but also resulted in local officials sending security
personnel to Beijing and forcibly returning the petitioners to their
home provinces. Such detentions occurred before and after the enactment
of the new regulations and often went unrecorded. In August 2009 the
General Office of the State Council issued new guidelines for handling
petitioners. The rules mandate sending officials from Beijing to the
provinces to resolve petition issues locally, thereby reducing the
number of petitioners entering Beijing. Other new rules include a
mandated 60-day response time for petitions and a regulation
instituting a single appeal in each case.
In July according to domestic media reports, police in Hubei
severely beat Chen Yulian, the wife of a provincial law enforcement
officer, mistaking her for a petitioner. Six public security officers
beat Chen when she tried to enter her husband's office building, which
houses the Hubei provincial party headquarters. The Communist Party
chief of the district bureau stated that the incident was a ``total
misunderstanding,'' as ``police officers never realized that they were
beating the wife of a senior leader.''

Freedom of Association.--The law provides for freedom of
association, but the Government restricted this right in practice. CCP
policy and government regulations require that all professional,
social, and economic organizations officially register with, and be
approved by, the Government. In practice these regulations prevented
the formation of truly autonomous political, human rights, religious,
spiritual, labor, and other organizations that might challenge
government authority.
The Government maintained tight controls over civil society
organizations. Legal and surveillance efforts aimed at controlling them
increased. On March 1, new regulations issued by the State
Administration for Foreign Exchange (SAFE) on foreign exchange
donations to or by domestic institutions came into effect. According to
the regulations, foreign exchange donations must ``comply with the laws
and regulations.and shall not go against social morality or damage
public interests and the legitimate rights and interests of other
citizens.'' For donations between a domestic organization and a foreign
NGO, the regulations required all parties and the banks to approve
additional measures prior to a transaction being processed.
To register, an NGO must find a government agency to serve as its
organizational sponsor, have a registered office, and hold a minimum
amount of funds. Some organizations with social or educational purposes
that previously registered as private or for-profit businesses
reportedly were requested to find a government sponsor and re-register
as NGOs during the year. Although registered organizations all came
under some degree of government control, some NGOs were able to operate
with a degree of independence.
The number of NGOs continued to grow, despite tight restrictions
and regulations. According to the Ministry of Civil Affairs (MCA), as
of the end of 2009, the country had 431,000 legally registered social
organizations including social groups (238,000), civil nonbusiness
units (190,000), and foundations (1,843). During the year an MCA
official wrote, ``in 2007, China started to use the term ``social
organization'' instead of ``civil organization'' because ``civil''
contrasts with ``official'' and reflected the opposing roles of civil
society and government in the traditional political order. The
Sixteenth and Seventeenth CCP Congresses changed the name to ``social
organization.'' NGOs existed under a variety of formal and informal
guises, including national mass organizations created and funded by the
CCP, known as ``government NGOs'' or GONGOs.
The lack of legal registration created numerous logistical
challenges for NGOs, including difficulty opening bank accounts, hiring
workers, and renting office space. NGOs that opted not to partner with
government agencies could register as commercial consulting companies,
which allowed them to obtain legal recognition at the cost of forgoing
tax-free status. Security authorities routinely warned domestic NGOs,
regardless of their registration status, not to accept donations from
the U.S. government-funded National Endowment for Democracy and other
international organizations deemed sensitive by the Government.
Authorities supported the growth of some NGOs that focused on social
problems, such as poverty alleviation and disaster relief, but remained
concerned that these organizations might emerge as a source of
political opposition. Many NGOs working in the Tibet Autonomous Region
(TAR) were forced to leave because their project agreements were not
renewed by their local partners following unrest in Lhasa and other
Tibetan communities in 2008.
No laws or regulations specifically govern the formation of
political parties. However, the CDP remained banned, and the Government
continued to monitor, detain, and imprison current and former CDP
members.

c. Freedom of Religion.--For a complete description of religious
freedom, see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation; however, the Government generally did not respect these
rights in practice. The Government sometimes cooperated with the Office
of the UN High Commissioner for Refugees (UNHCR) in providing
protection and assistance to refugees, asylum seekers, and other
persons of concern.
Authorities heightened restrictions on freedom of movement
periodically, particularly to curtail the movement of individuals
deemed politically sensitive before key anniversaries and visits of
foreign dignitaries, and to forestall demonstrations. Freedom of
movement continued to be extremely limited in the TAR and other Tibetan
areas. Police maintained checkpoints in most counties and on roads
leading into many towns, as well as within major cities such as Lhasa.
Although the Government maintained restrictions on the freedom to
change one's workplace or residence, the national household
registration system (hukou) continued to change, and the ability of
most citizens to move within the country to work and live continued to
expand. Rural residents continued to migrate to the cities, where the
per capita disposable income was more than four times the rural per
capita income, but many could not officially change their residence or
workplace within the country. Most cities had annual quotas for the
number of new temporary residence permits that could be issued, and all
workers, including university graduates, had to compete for a limited
number of such permits. It was particularly difficult for rural
residents to obtain household registration in more economically
developed urban areas.
The household registration system added to the difficulties rural
residents faced even after they relocated to urban areas and found
employment. The National Bureau of Statistics reported that there were
225 million migrant workers at the end of 2008. These economic migrants
lacked official residence status in cities, and it was difficult for
them to gain full access to social services, including education and
health care, despite laws, regulations, and programs meant to address
their needs. Migrant workers had little recourse when subject to abuse
by employers and officials. Some major cities maintained programs to
provide migrant workers and their children access to public education
and other social services free of charge, but migrants in some
locations reported that it was difficult to obtain for these benefits
in practice.
Under the ``staying at prison employment'' system applicable to
recidivists incarcerated in RTL camps, authorities denied certain
persons permission to return to their homes after serving their
sentences. Some released or paroled prisoners returned home, but they
were not permitted freedom of movement.
The Government permitted legal emigration and foreign travel for
most citizens. There were reports that some academics and activists
continued to face travel restrictions around sensitive anniversaries.
In the fall, most notably in the time period between the Nobel Peace
Prize announcement on October 8 and the December 10 Nobel ceremony, a
large number of activists, lawyers, artists, authors, or other
dissidents were prevented from leaving the country on the grounds that
their doing so would damage the country's national security. Some were
stopped at the airport, others were explicitly told prior to travel
that they would be prevented from leaving the country (see section
1.e.).
Most citizens could obtain passports, although those whom the
Government deemed threats, including religious leaders, political
dissidents, and ethnic minorities, were refused passports or otherwise
prevented from traveling overseas. Uighur residents of the XUAR
reported difficulties at the local level in getting a passport
application approved. Some residents of the XUAR and other citizens
have reportedly had valid passports seized. In Tibetan regions of
Qinghai, Gansu, and Sichuan provinces, in addition to the TAR, ethnic
Tibetans experienced great difficulty applying for passports. The
unwillingness of the PSB in Tibetan areas to issue or renew passports
for ethnic Tibetans created, in effect, a ban on foreign travel for a
large segment of the Tibetan population. Han residents of Tibetan
areas, however, did not experience the same difficulties.
The law neither provides for a citizen's right to repatriate nor
otherwise addresses exile. The Government continued to refuse reentry
to numerous citizens who were considered dissidents, Falun Gong
activists, or ``troublemakers.'' Although some dissidents living abroad
were allowed to return, dissidents released on medical parole and
allowed to leave the country often were effectively exiled. Activists
residing abroad were imprisoned upon their return to the country.
In December 2009 the Royal Government of Cambodia, at the request
of PRC authorities, forcibly returned a group of 20 Uighur asylum
seekers to the country. At year's end their whereabouts and welfare
remained unknown.
The Government continued to try to prevent many Tibetans from
leaving and detained many who were apprehended in flight (see Tibet
Addendum). By year's end 874 Tibetans had arrived at the UNHCR
reception center in Kathmandu. Flows to Nepal increased slightly during
the year but were lower than the levels prior to the 2008 Lhasa
crackdown. For the first time since 2003, there was a confirmed
forcible return of three Tibetans from Nepal in June.
In January videographer and Sun Yat-sen University professor Ai
Xiaoming received the Prix Simone de Beauvoir (international human
rights prize for women's freedom), but authorities did not allow her to
travel abroad to attend the award ceremony.

Protection of Refugees.--Although the country is a party to the
1951 Convention relating to the Status of Refugees and its 1967
Protocol, the law does not provide for the granting of refugee or
asylum status, and the Government has not established a system for
providing protection to refugees. The Government largely cooperated
with the UNHCR when dealing with the resettlement of ethnic Han Chinese
or ethnic minorities from Vietnam and Laos residing in the country.
During the year the Government and the UNHCR continued discussions
concerning the granting of citizenship to these residents.
While the Government officially acknowledged that 37,000 residents
of Kokang, in northeastern Burma, fled across the border into Yunnan
during the Burmese army crackdown in August 2009, they were not
officially designated as refugees. The Government did not respond to a
UNHCR request for access to the border areas.
The Government continued to consider all North Koreans ``economic
migrants'' rather than refugees or asylum seekers, and the UNHCR
continued to have limited access to North Korean refugees inside China.
The lack of access to durable solutions and options, as well as
constant fear of forced repatriation by authorities, left North Korean
refugees vulnerable to human traffickers. Even refugees under UNCHR
care were subjected to harassment and restrictions by authorities. The
Government continued to deny the UNHCR permission to operate along its
northeastern border with North Korea.
In practice the Government did not provide protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion. Some North Koreans were permitted to travel to third countries
after they entered diplomatic compounds in the country. The intensified
crackdown begun in 2008 against North Korean refugees reportedly
extended to harassment of religious communities along the border. The
undocumented children of some North Korean asylum seekers and of mixed
couples (i.e., one Chinese parent and one North Korean parent)
reportedly did not have access to health care, public education, or
other social services. The Government arrested and detained individuals
who provided food, shelter, transportation, and other assistance to
North Koreans. According to reports, some activists or brokers detained
for assisting North Koreans were charged with human smuggling, and in
some cases the North Koreans were forcibly returned to North Korea.
There were also reports that North Korean agents operated clandestinely
within the country to forcibly repatriate North Korean citizens.
Although the Government does not grant refugee or asylum status, it
allowed the UNHCR more latitude in assisting non-North Korean refugees.
At the end of 2009 UNHCR Beijing had processed refugee claims for
approximately 100 non-North Korean refugees in China (from Pakistan,
Iraq, Somalia, and Eritrea). However, because these individuals were
not officially recognized refugees, they remained in the country as
illegal immigrants unable to work, with no access to education, and
deportable by the host government at anytime.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution states that ``all power in the People's Republic
of China belongs to the people'' and that the organs through which the
people exercise state power are the NPC and the people's congresses at
provincial, district, and local levels. However, the law does not
provide citizens with the right to change their government peacefully,
and citizens cannot freely choose or change the laws and officials that
govern them. The CCP continued to control appointments to positions of
political power.

Elections and Political Participation.--According to the law, the
NPC is the highest organ of state power. Formally, the NPC, composed of
2,987 deputies, elects the president and vice president, the premier
and vice premiers, and the chairman of the State Central Military
Commission. In practice the NPC Standing Committee, which is composed
of 175 members, oversaw these elections and determined the agenda and
procedure for the NPC.
The NPC Standing Committee remained under the direct authority of
the party, and most legislative decisions require the concurrence of
the CCP's nine-member Politburo Standing Committee. Despite its broad
authority under the state constitution, the NPC does not set policy
independently or remove political leaders without the party's approval.
According to statistics from the MCA, almost all of the country's
more than 600,000 villages had implemented direct elections for members
of local sub-government organizations known as village committees. The
direct election of officials by ordinary citizens remained narrow in
scope and strictly confined to the local level. The Government
estimated that one-third of all elections had serious procedural flaws.
Corruption, vote buying, and interference by township-level and party
officials continued to be problems. The law permits each voter to cast
proxy votes for up to three other voters.
The election law governs legislative bodies at all levels. Under
this law citizens have the opportunity to vote for local people's
congress representatives at the county level and below, although in
most cases the nomination of candidates in those elections was
controlled by higher-level government officials or CCP cadres. At
higher levels, legislators selected people's congress delegates from
among their ranks. For example, provincial-level people's congresses
selected delegates to the NPC. Local CCP secretaries generally served
concurrently as the head of the local people's congress, thus
strengthening party control over legislatures.
On October 28, the NPC Standing Committee passed revisions to the
law on deputies to the NPC and to lower-level people's congresses.
Among other provisions the revisions stipulate that deputies may not
serve as professional legislators but must have separate full-time
jobs, and deputies may not maintain individual constituent liaison
offices.
Official statements asserted that ``the political party system
[that] China has adopted is multiparty cooperation and political
consultation under'' the CCP leadership. However, the CCP retained a
monopoly on political power, and the Government forbade the creation of
new political parties. The Government officially recognized nine
parties founded prior to 1949, and 30 percent of NPC seats were held by
parties other than the CCP. The establishment of new parties is
functionally prohibited, and activists attempting to support unofficial
parties have been arrested, detained, or confined.
In September 2009 in Hunan Province, dissident Xie Changfa, who
tried to organize a national meeting of the banned China Democratic
Party, was sentenced to 13 years in prison. Guo Quan remained
imprisoned following his October 2009 sentence to 10 years in prison
and three years' deprivation of political rights for ``subversion of
state power.'' Guo, a former Nanjing University professor and founder
of the China New Democracy Party, published articles criticizing the
country's one-party system. At year's end more than 30 current or
former CDP members remained in prison or held in RTL camps, for their
connection to a 2002 open letter calling for political reform and a
reappraisal of the 1989 Tiananmen uprising, including Chen Shuqing,
Sang Jiancheng, Yang Tianshui, and Jiang Lijun. In January 2009 CDP
member Wang Rongqing was sentenced to six years' imprisonment for
``subversion against the state'' after publishing articles critical of
the political system.
The Government placed no special restrictions on the participation
of women or minority groups in the political process. However, women
held few positions of significant influence in the CCP or government
structure. Among the 2,987 delegates of the 11th NPC (term 2008-13),
637 are women (21.3 percent of the total). There was one female member
of the CCP's 25-member Politburo, who also concurrently served as one
of five state councilors. There are three women ministers within the 28
organs of the State Council: Minister of Supervision Ma Wen, Minister
of Justice Wu Aiying, and Head of the National Population and Family
Planning Commission Li Bin. According to government-provided
information there were more than 230 female provincial and ministerial
officials, more than 670 female mayors--twice the number in 1995--and
more than 15 million female CCP cadres (approximately one-fifth of the
total party membership).
The Government encouraged women to exercise their right to vote in
village committee elections and to run in those elections, although
only a small fraction of elected members were women. In many locations
a seat on the village committee was reserved for a woman, usually given
responsibility for family planning.
A total of 411 delegates from 55 ethnic minorities were members of
11th NPC, accounting for 13.76 percent of the total number of
delegates. All of the country's officially recognized minority groups
were represented. The 17th Communist Party Congress elected 40 members
of ethnic minority groups as members or alternates on the Central
Committee. The only ministerial-level post held by an ethnic minority
member was in the State Ethnic Affairs Commission, headed by Yang Jing,
an ethnic Mongol from Inner Mongolia. In addition, there was one ethnic
minority member, Vice Premier Hui Liangyu, of the Hui ethnic group, on
the Politburo. Minorities held few senior party or government positions
of significant influence.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
officials frequently engaged in corrupt practices with impunity. Many
cases of corruption involved areas that were heavily regulated by the
Government and therefore susceptible to fraud, bribery, and kickbacks,
such as land usage rights, real estate, and infrastructure development.
On December 29, the Information Office of the State Council released
its first white paper on Efforts to Combat Corruption and Build Clean
Government.
Court judgments often could not be enforced against powerful
special entities including government departments, state-owned
enterprises, military personnel, and some members of the CCP. The
Supreme Court during 2008-09 stated that there was a backlog of 330,000
cases, with a total of RMB 343 billion ($50 billion) at stake.
In its 2009 annual work report, the Supreme People's Procuracy
reported that procuratorates nationwide had investigated 32,439
corruption, dereliction of duty, and infringement of human rights
cases, a decrease of 3.3 percent from the previous year, involving
41,531 suspects, an increase of 0.9 percent. Among them, 2,670 suspects
of embezzlement or bribery were officials at or above county- and
director-level, including 204 at director general- or deputy director
general-level and eight at the minister- (governor) or deputy minister-
(vice governor) level; 9,355 were suspected of dereliction of duty or
infringement of human rights. The SPP also investigated 10,218 cases of
commercial bribery involving state functionaries. Within the SPP
itself, 247 prosecutors were disciplined and 25 of them were charged
criminally, though how many of these cases were corruption related was
not specified.
The party's Central Commission for Discipline Inspection (CCDI),
its lead body for countering corruption among members, reported that
106,000 members had been found guilty of corruption in 2009, an
increase of 2.5 percent over 2008. Of these, 85,353 received ``party
discipline'' punishment and 29,718 received ``administrative
punishment.''
In an August 28 speech to government officials, Premier Wen Jiabao
described corruption as ``the greatest danger for a ruling party.'' In
July the Government and party issued a regulation requiring officials
in government agencies or state-owned enterprises at the county-level
or above to report their ownership of property, including property in
their spouses' or children's names, as well as their family's
investment in financial assets and in enterprises. Also in July the
Government and party announced it would introduce a new collective
decision-making procedure into state-owned enterprises, requiring all
important decisions, including allocations of capital, arrangements for
major projects, and personnel decisions, to be jointly decided by
collective leadership. In the wake of the trial and conviction for
corruption of former SPC Vice President Huang Songyou in January, the
SPC reported that it had strengthened internal supervision by
appointing anticorruption monitors, sending inspection task forces to
local courts, and promulgating more discipline. The SPC reported that
in 2009, 795 staff members in the court system were disciplined, and
137 of them were transferred to judicial organs as criminal suspects,
but how many of these cases were corruption related was not specified.
There were numerous cases of public officials and leaders of state-
owned enterprises, who generally also hold high party rank,
investigated for corruption during the year.
In May Huang Guangyu, the founder of Gome Electrical Appliance
Holding, who was detained in November 2009 on unspecified charges of
``economic crimes,'' was convicted of illegal business operation,
insider trading, and bribery, sentenced to 14 years in prison, fined
RMB 600 million (approximately $90 million), and had RMB 200 million
(approximately $30 million) in personal assets confiscated. Former
Guangdong provincial police chief and chairman of the Guangdong
provincial committee of the CPPCC, Chen Shaoji, who was detained along
with Huang Guangyu in November 2009, was sentenced to death with a two-
year suspension after being found guilty of accepting bribes.
Among the eight minister- or deputy minister-rank officials
investigated for corruption in 2009 were former SPC Vice President
Huang Songyou, sentenced to life imprisonment for taking bribes and
embezzlement; Wang Yi, former vice president of state-owned China
Development Bank, who received a suspended death sentence for taking
bribes; and Wang Huayuan, former secretary of the Guangdong and
Zhejiang provincial party commissions for discipline inspection, who
was sentenced to death, suspended for two years. Also Zhang Chunjiang,
the party chief at China Mobile, the world's largest mobile phone
operator by subscribers, was removed from his post and expelled from
the CCP after a CCDI inspection found him culpable of taking bribes in
September. In 2009 35 senior executives of China's large SOEs, such as
former Sinopec chairman Chen Tonghai, faced corruption charges.
As part of efforts to increase transparency in the hiring process
for party and government officials, Jilin Province instituted an ``open
selection'' system for 800 positions in June. The online system allowed
any qualified member of the public to apply--a departure from similar
programs that required applicants be nominated by their work unit.
The Ministry of Supervision and the CCDI are responsible for
combating government corruption.
In September People's University in Beijing inaugurated its first
semester of ``anticorruption'' postgraduate courses taught by the CCP's
leading antigraft officials. He Jiahong, deputy director of the
university's criminal law research center, said that courses would be
taught on advanced investigation techniques, such as ``how to obtain
testimony from witnesses,'' ``the observation of facial expressions,''
and ``lie-detection techniques.'' Leading prosecutors of the SPP
including Chen Lianfu, director of the SPP's Bureau of Anti-
Embezzlement and Bribery, and seven other antigraft prosecutors were
brought to teach their techniques and give guidance. The course had 30
students and ``plays a positive role in social anticorruption,''
according to professor Lin Zhe at the CCP Party School. All students
selected for the program ``met strict criteria and were tested for
aptitude,'' the official Global Times reported.
Since 2008 the country has had freedom of information regulations
in effect, which allow citizens to request information from the
Government. While limited in comparison to freedom of information
regulations in many other countries, the regulations did require
government authorities to create formal channels for information
requests and include an appeal process if requests were rejected or not
answered. Publicly released provincial- and national-level statistics
for freedom of information requests showed wide disparities in numbers
of requests filed and in official documents released in response.
The November 2009 report of the UN Group of Experts (UNGOE) on the
Democratic Republic of the Congo (DRC) presented information indicating
that Huaying Trading Company (HTC), a Chinese-run mineral exporting
company based in eastern DRC, sources minerals that originated in
eastern DRC under the control of the Democratic Liberation Forces of
Rwanda (FDLR). The FDLR, whose leaders continued to include architects
of the 1994 Rwandan genocide, has committed numerous, serious human
rights abuses in eastern DRC and Rwanda.
In December 2010 an international NGO, Global Witness, published a
report that stated that the export records of the DRC government's
Division of Mines showed that two Chinese companies and one Hong Kong
company purchased 100 percent of the 41.4 tons of columbite-tantalite
(or ``coltan'') that originated in the conflict-affected North Kivu
Province in May 2010. According to Global Witness, the three companies
were Fogang Jiata Metals, Star 2000 Services, and Hong Kong-based
Unilink Trading Hong Kong. The UNGOE interim report of May 2010 stated
that ``in the Kivu provinces, it appears, almost every mining deposit
is controlled by an armed group.''
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
The Government sought to maintain control over civil society
groups, halt the emergence of independent NGOs, hinder the activities
of civil society and rights' activist groups, and prevent what it has
called the ``westernization'' of the country. The Government did not
permit independent domestic NGOs to monitor openly or to comment on
human rights conditions; in addition, domestic NGOs were harassed. The
Government tended to be suspicious of independent organizations and
increased scrutiny of NGOs with financial and other links overseas.
Most large NGOs were quasi-governmental, and all official NGOs had to
be sponsored by government agencies. Some grassroots NGOs registered as
companies to avoid regulations requiring NGOs to have a sponsoring
government agency.
An informal network of activists around the country continued to
serve as a credible source of information about human rights
violations. The information was disseminated through organizations such
as the Hong Kong-based Information Center for Human Rights and
Democracy, the foreign-based Human Rights in China Chinese Human Rights
Defenders, and via the Internet.
The Government remained reluctant to accept criticism of its human
rights record by other nations or international organizations. It
criticized reports by international human rights monitoring groups,
claiming that such reports were inaccurate and interfered with the
country's internal affairs. Representatives of some international human
rights organizations reported that authorities denied their visa
requests or restricted the length of visas issued to them.
The Government did not have a human rights ombudsman or commission.
The Government-established China Society for Human Rights is an NGO
whose mandate is to defend the Government's human rights record. The
Government maintained that each country's economic, social, cultural,
and historical conditions influence its approach to human rights.
The ICRC operated an office in Beijing, but the Government did not
authorize the ICRC to visit prisons. The Government continued
unofficial discussions on human rights and prisoner issues with a
foreign-based human rights group, although the Government's cooperation
with the group was not as extensive as in previous years.
The Government continued to participate in official diplomatic
human-rights dialogues with foreign governments.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
There were laws designed to protect women, children, persons with
disabilities, and minorities. However, some discrimination based on
ethnicity, sex, and disability persisted.

Women.--Rape is illegal, and some persons convicted of rape were
executed. The law does not recognize expressly or exclude spousal rape.
The Government has not made available official statistics on rape or
sexual assault, leaving the scale of sexual violence difficult to
determine. Migrant female workers were particularly vulnerable to
sexual violence.
Violence against women remained a significant problem. According to
a 2008 survey by the All-China Women's Federation (ACWF), domestic
violence affected one-third of China's 267 million families. The
Government supported shelters for victims of domestic violence, and
some courts were beginning to provide protections to victims. However,
official assistance did not always reach victims, and public security
forces often ignored situations of domestic violence. According to
reports, 30 to 37 percent of families suffered from domestic violence,
and more than 90 percent of the victims were women. The ACWF reported
that it alone received 50,000 domestic violence complaints annually.
Spousal abuse typically went unreported; an ACWF study found that only
7 percent of rural women who suffered domestic violence sought help
from police. While domestic violence tended to be more prevalent in
rural areas, it also took place among the highly educated urban
population. The ACWF reported that approximately one-quarter of the
400,000 divorces registered each year were the result of family
violence.
The number of victims' shelters grew. According to ACWF statistics,
in 2008 there were 27,000 legal-aid service centers, 12,000 special
police booths for domestic violence complaints, 400 shelters for
victims of domestic violence, and 350 examination centers for women
claiming to be injured by domestic violence nationwide. Most shelters
were operated by the Government, some with NGO participation. During
the year the Government provided 680,000 office spaces in government
buildings for women's resource centers.
Both the Marriage Law and the Law on the Protection of Women's
Rights and Interests have stipulations that directly prohibit domestic
violence; however, some experts complained that the stipulations are
too general, fail to define domestic violence, and are difficult to
implement. Because of the judicial standard of ruling out ``all
unreasonable doubt,'' even if a judge was certain that domestic
violence was occurring, he or she could not rule against the abuser
without the abuser's confession. Only 10 percent of accused abusers
confessed to violent behavior in the family, according to 2009 data
from the Institute of Applied Laws, a think tank associated with the
court system. Collecting evidence in domestic violence cases remained
difficult: the institute reported that 40 to 60 percent of marriage and
family cases involved domestic violence; however, less than 30 percent
were able to supply indirect evidence, including photographs, hospital
records, police records, or children's testimony. Witnesses seldom
testified in court.
In April 2009 the Hunan High People's Court reportedly issued the
first provincial-level guiding opinion concerning domestic violence
cases, which was aimed at strengthening protections for female victims
during judicial proceedings related to such abuse. In June 2009 a
district court in Zhejiang Province granted the province's first anti-
domestic violence court order to a female victim. Following similar
2008 orders in Jiangsu and Hunan, the order prohibits the abuser from
intimidating or beating the spouse and opens the way for security
forces to intervene to protect the victim's safety.
After the Law on the Protection of Women's Rights was amended in
2005 to include a ban on sexual harassment, the number of sexual
harassment complaints increased significantly.
The Government restricted the rights of parents to choose the
number of children they have. The national family-planning authorities
shifted their emphasis from lowering fertility rates to maintaining low
fertility rates and emphasized quality of care in family-planning
practices. In May a representative of the National Population and
Family Planning Commission reported that 85 percent of women of
childbearing age used some form of contraception. Of those, 70 percent
used a reversible method. However, the country's birth limitation
policies retained harshly coercive elements, in law and practice. The
financial and administrative penalties for unauthorized births were
strict.
From February to April, Xuzhou, Jiangsu Province was the site of a
high-profile court proceeding in which a 30-year-old female plaintiff
sued the local family-planning bureau, claiming that she had been
barred from a civil service position in the county government for
giving birth to a child before marriage. Although she married the
father soon after the child's birth, the court ruled that the family-
planning bureau's original decree citing the birth as out of wedlock
held, which did make her ineligible for the Government position.
Although the Government announced adjustments would be implemented
to address the problem of unequal birth sex ratios, it also affirmed
the orientation of its family-planning policy at the highest levels,
including maintaining the policy as part of the 12th Five-Year Plan
that will be in effect 2011-15. In September Vice Premier Li Keqiang
emphasized, however, that the policy would be ``better coordinated'' to
take into account long-term economic and social developments.
In 2007 China Daily reported, ``although sex selection is banned by
the Population and Family Planning Law and the Law on Maternal and
Infant Health, there are currently no provisions on the applicable
punishment for such acts.''
The NPFPC has been trying for many years to criminalize illegal sex
identification and sex-selective abortion (commonly referred to as the
``Two Nons''), which currently are prohibited only under administrative
law. Members of the NPFPC have been working on the issue of legal
reform related to sex-selective abortion since its inception and have
proposed amendments to the Criminal Code to the National People's
Congress (NPC) dealing with sex-selective abortion each year since
2006.
The use of ultrasounds to determine the sex of fetuses was
prohibited. This ban, which carried administrative fines and penalties
for healthcare workers found to have violated it, has been in place
since 1995. Another similar ban on sex selective abortions was imposed
by the NPFPC in 2004, although neither carried specific criminal
penalties.
The 2002 National Population and Family-planning Law standardized
the implementation of the Government's birth limitation policies;
however, enforcement varied significantly. The law grants married
couples the right to have one birth and allows eligible couples to
apply for permission to have a second child if they meet conditions
stipulated in local and provincial regulations. The one-child limit was
more strictly applied in urban areas, where only couples meeting
certain conditions are permitted to have a second child (e.g., if each
of the would-be parents are themselves an only child). In most rural
areas, the policy was more relaxed, with couples permitted to have a
second child in cases where the first child was a girl. Ethnic
minorities are subject to less stringent rules. Countrywide, 35 percent
of families fell under the one-child restrictions, and more than 60
percent of families were eligible to have a second child, either
outright or if they met certain criteria. The remaining 5 percent were
eligible to have more than two children. According to government
statistics, the average fertility rate for women nationwide was 1.8
(representing the number of children each woman of child-bearing age
has); in the country's most populous and prosperous city, Shanghai, the
fertility rate was 0.8.
While all provinces eliminated the birth-approval process for a
first child, thus allowing parents to choose when to start having
children, some provinces continued to regulate the period of time
required between births. This adjustment signaled an end to the former
family-planning quota system, in which some couples previously had to
delay pregnancies if the allotted birth quota for that locality had
already been exceeded.
The law requires each person in a couple that has an unapproved
child to pay a ``social compensation fee,'' which can reach 10 times a
person's annual disposable income. The law grants preferential
treatment to couples who abide by the birth limits.
Social compensation fees were set and assessed at the local level.
The law requires family-planning officials to obtain court approval
before taking ``forcible'' action, such as detaining family members or
confiscating and destroying property of families who refuse to pay
social compensation fees. However, in practice this requirement was not
always followed, and national authorities remained ineffective at
reducing abuses by local officials.
The population control policy relied on education, propaganda, and
economic incentives, as well as on more coercive measures. Those who
violated the child limit policy by having an unapproved child or
helping another do so faced disciplinary measures such as social
compensation fees, job loss or demotion, loss of promotion opportunity,
expulsion from the party (membership is an unofficial requirement for
certain jobs), and other administrative punishments, including in some
cases the destruction of private property.
In order to delay childbearing, the law sets the minimum marriage
age for women at 20 years and for men at 22 years. It continued to be
illegal in almost all provinces for a single woman to have a child,
with fines levied for violations. The law states that family-planning
bureaus will conduct pregnancy tests on married women and provide them
with unspecified ``follow-up'' services. Some provinces fined women who
did not undergo periodic pregnancy tests.
Officials at all levels remained subject to rewards or penalties
based on meeting the population goals set by their administrative
region. Promotions for local officials depended in part on meeting
population targets. Linking job promotion with an official's ability to
meet or exceed such targets provided a powerful structural incentive
for officials to employ coercive measures to meet population goals. An
administrative reform process initiated pilot programs in some
localities that sought to remove this linkage for evaluating officials'
performance.
Although the family-planning law states that officials should not
violate citizens' rights in the enforcement of family-planning policy,
these rights, as well as penalties for violating them, are not clearly
defined. By law citizens may sue officials who exceed their authority
in implementing birth-planning policy. However, there exist few
protections for whistleblowers against retaliation from local
officials. The law provides significant and detailed sanctions for
officials who help persons evade the birth limitations.
During the year Puning City, Guangdong Province conducted two
campaigns of ``sterilization of married couples that have two
children'' during the year. According to the Puning government, the
city conducted 8,916 sterilization procedures in April and more than
3,000 in September. Meanwhile, a report by the Southern Rural News, a
paper belonging to the Nanfang Daily Group, indicated that if two-child
couples identified for sterilization did not cooperate with family-
planning officials or fled the area, authorities confiscated the
couples' property or detained their family members. Detained family
members were forced to take family-planning policy-learning sessions--
officials forced at least 1,300 persons related to two-child couples to
attend the learning sessions in April.
Government regulations implemented in 2008 make family-planning
services, including reproductive health information and services,
contraception devices, and family-planning technical services,
available and free to migrants in their temporary residences.
Previously, migrants were often forced to return to the place of their
legal household registrations to receive services.
According to 2008 UN statistics, the maternal mortality ratio was
an estimated 38 per 100,000 live births. Regional differences indicated
that the maternal mortality ratio in rural areas was much higher than
in urban areas and also higher in poorer than in developed regions.
According to a 2008 UN Development Fund (UNDP) report, China
established specific objectives for infant and maternal mortality rates
as well as for immunization coverage in the 11th National Development
Plan (2006-2010). In 2003 the country implemented a health plan called
the New Cooperative Medical Scheme (NCMS) meant to cover the entire
rural population by 2010. Medical financial aid to fund and subsidize
participation in NCMS by the poor was also introduced. Public funding
for NCMS reportedly covered 85.7 percent of counties and had 730
million subscribers. Still, rural, poor, migrant, and ethnic minority
women continued to suffer the greatest mortality rates due to a lack of
access to quality health services. There were reportedly more than
3,000 mother-child health centers nationwide, employing 500,000 staff
in a three-tiered network of county-, township-, and village-level
services providing mother and child health care.
The constitution states that ``women enjoy equal rights with men in
all spheres of life.'' The Law on the Protection of Women's Rights and
Interests provides for equality in ownership of property, inheritance
rights, and access to education. The ACWF was the leading implementer
of women's policy for the Government, and the State Council's National
Working Committee on Children and Women coordinated women's policy.
Nonetheless, many activists and observers were concerned that the
progress made by women over the past 50 years was eroding. They
asserted that the Government appeared to have made the pursuit of
gender equality a secondary priority as it focused on economic reform
and political stability. Women continued to report that discrimination,
sexual harassment, unfair dismissal, demotion, and wage discrepancies
were significant problems.
Authorities often did not enforce laws protecting the rights of
women. According to legal experts, it was difficult to litigate a sex
discrimination suit because the vague legal definition made it
difficult to quantify damages, so very few cases were brought to court.
Some observers noted that the agencies tasked with protecting women's
rights tended to focus on maternity-related benefits and wrongful
termination during maternity leave rather than on sex discrimination,
violence against women, and sexual harassment. Women's rights advocates
indicated that in rural areas women often forfeited land and property
rights to their husbands in divorce proceedings. In principle, rural
contract law and laws protecting women's rights stipulate that women
enjoy equal rights in cases of land management, but experts argued that
in practice this was rarely the case, due to the complexity of the law
and difficulties in its implementation.
Many employers preferred to hire men to avoid the expense of
maternity leave and child care, and some lowered the effective
retirement age for female workers to 50 (the official retirement age
for men was 60 and for women 55, with the exception of men and women
involved in physically demanding jobs, for which the retirement age was
55 and 45, respectively). In addition, work units were allowed to
impose an earlier mandatory retirement age for women than for men.
Lower retirement ages also reduced pensions, which generally were based
on the number of years worked. Job advertisements sometimes specified
height and age requirements for women.
Women earned less than men, despite government policies mandating
nondiscrimination in employment and occupation. The Ministry of Human
Resources and Social Security and the local labor bureaus were
responsible for ensuring that enterprises complied with the labor law
and the employment promotion law, each of which contains
antidiscrimination provisions.
A high female suicide rate continued to be a serious problem.
According to the World Bank and the World Health Organization, there
were approximately 500 female suicides per day in 2009. The Beijing
Suicide Research and Prevention Center reported in 2009 that the
suicide rate for females was three times higher than for males. Many
observers believed that violence against women and girls,
discrimination in education and employment, the traditional preference
for male children, birth-limitation policies, and other societal
factors contributed to the high female suicide rate. Women in rural
areas, where the suicide rate for women was three to four times higher
than for men, were especially vulnerable. Government research
indicating that 58 percent of all suicides involved the use of
pesticide led to the implementation of a trial program in Hunan and
Zhejiang provinces to control its sale and storage to attempt to reduce
suicide attempts.
The UN Economic and Social Council reported that less than 2
percent of women between the ages of 15 and 24 were illiterate.
According to 2008 official government statistics, women comprised more
than 70 percent of all illiterate persons above the age of 15. In some
underdeveloped regions, the female literacy rate lagged behind the male
literacy rate by 15 percent or more.
While the gap in the education levels of men and women narrowed,
differences in educational attainment remained a problem. Men continued
to be overrepresented among the relatively small number of persons who
received a university-level education. According to Ministry of
Education statistics, in 2008 women accounted for 50 percent of
undergraduate and college students, 46 percent of postgraduate
students, and nearly 35 percent of doctoral students. Women with
advanced degrees reported discrimination in the hiring process as the
job distribution system became more competitive and market-driven.

Children.--Citizenship is derived from the parents. Parents must
register their children in compliance with the national household
registration system within one month of birth. Children not registered
cannot access public services. No data was available on the number of
unregistered births.
The law provides for nine years of compulsory education for
children. However, in economically disadvantaged rural areas, many
children did not attend school for the required period and some never
attended at all. Public schools were not allowed to charge tuition;
however, faced with insufficient local and central government funding,
many schools continued to charge miscellaneous fees. Such fees and
other school-related expenses made it difficult for poorer families and
some migrant workers to send their children to school.
According to a 2008 UNDP report, the urban-rural gap in literacy
rates of young persons had narrowed, from 6 percent in 1990 to 1.6
percent in 2005. The proportion of girls attending school in rural and
minority areas was reportedly smaller than in cities; in rural areas 61
percent of boys and 43 percent of girls completed education higher than
lower middle school. The Government reported that nearly 20 million
children of migrant laborers followed their parents to urban areas.
Most children of migrant workers who attended school did so at schools
that were unlicensed and poorly equipped.
Female babies suffered from a higher mortality rate than male
babies, contrary to the worldwide norm. State media reported that
infant mortality rates in rural areas were 27 percent higher for girls
than boys and that neglect was one factor in their lower survival rate.
The Law on the Protection of Juveniles forbids infanticide;
however, there was evidence that the practice continued. According to
the National Population and Family-planning Commission, a handful of
doctors have been charged with infanticide under this law. Female
infanticide, sex-selective abortions, and the abandonment and neglect
of baby girls remained problems due to the traditional preference for
sons and the coercive birth limitation policy.
Kidnapping and buying and selling children for adoption increased
over the past several years, particularly in poor rural areas. There
were no reliable estimates of the number of children kidnapped;
however, according to media reports, as many as 20,000 children were
kidnapped every year for illegal adoption. Most children kidnapped
internally were sold to couples unable to have children, particularly
sons. Those convicted of buying an abducted child may be sentenced to
three years' imprisonment. In the past most children rescued were boys,
but increased demand for children reportedly drove traffickers to focus
on girls as well. In 2009 the Ministry of Public Security started a DNA
database of parents of missing children and children recovered in law
enforcement operations in an effort to reunite families.
By law those who force young girls (under age 14) into prostitution
may be sentenced to 10 years or more in prison or given a life
sentence, in addition to a fine or confiscation of property. If the
case is especially serious, they are to be given a life sentence or
sentenced to death, in addition to confiscation of property. Those
inducing young girls (under age 14) into prostitution are to be
sentenced to five years or more in prison in addition to a fine. Those
who visit young female prostitutes (under age 14) are to be sentenced
to five years or more in prison in addition to paying a fine.
According to the law, the minimum age of consensual sex is 14.
Pornography of any kind is illegal, including child pornography.
Under the criminal code, those producing, reproducing, publishing,
selling, or disseminating obscene materials with the purpose of making
a profit may be sentenced up to three years in prison or put under
criminal detention or surveillance, in addition to paying a fine. If
the case is serious, they are to be sentenced to from three to 10 years
in prison, in addition to paying a fine. If the case is especially
serious, they are to be sentenced to 10 years or more in prison or
given a life sentence, in addition to a fine or confiscation of
property. Persons found disseminating obscene books, magazines, films,
audio or video products, pictures, or other kinds of obscene materials,
if the case is serious, may be sentenced up to two years in prison or
put under criminal detention or surveillance. Persons organizing the
broadcast of obscene motion pictures or other audio or video products
may be sentenced up to three years in prison or put under criminal
detention or surveillance, in addition to paying a fine. If the case if
serious, they are to be sentenced to three to 10 years in prison in
addition to paying a fine.
Those broadcasting or showing obscene materials to minors less than
18 years of age are to be severely punished.
There were more than 150,000 urban street children, according to
state-run media and the Ministry of Civil Affairs. This number was even
higher if the children of migrant workers who spend the day on the
streets were included. In 2008 state media reported that the number of
children in rural areas left behind by their migrant-worker parents
totaled 58 million.
The law forbids the mistreatment or abandonment of children. The
vast majority of children in orphanages were girls, many of whom were
abandoned. Boys in orphanages were usually disabled or in poor health.
Medical professionals sometimes advised parents of children with
disabilities to put the children into orphanages.
The Government denied that children in orphanages were mistreated
or refused medical care but acknowledged that the system often was
unable to provide adequately for some children, particularly those with
serious medical problems. Adopted children were counted under the birth
limitation regulations in most locations. As a result, couples that
adopted abandoned infant girls were sometimes barred from having
additional children.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--There were no reports of anti-Semitic acts during
the year. The Government does not recognize Judaism as an ethnicity or
religion. According to information from the Jewish Virtual Library the
country's Jewish population was 1,500 in 2006.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Person's
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law protects the rights of persons
with disabilities and prohibits discrimination; however, conditions for
such persons lagged far behind legal dictates, failing to provide
persons with disabilities access to programs designed to assist them.
The MCA and the China Disabled Persons Federation, a government-
organized civil association, were the main entities responsible for
persons with disabilities. In September 2009 government officials
confirmed that there were 83 million persons with disabilities living
in the country. According to government statistics, in 2008 there were
3,731 vocational education and training facilities, which provided
training and job-placement services for 774,000 persons with
disabilities. More than 4.5 million persons with disabilities were
employed in cities and towns; 17.2 million were employed in rural
areas. Government statistics stated that 7.4 million persons with
disabilities enjoyed the minimum life guarantee; nearly three million
had social insurance.
The law prohibits discrimination against minors with disabilities
and codifies a variety of judicial protections for juvenile offenders.
In 2007 the Ministry of Education reported that nationwide there were
1,618 schools for children with disabilities. According to NGOs, there
were approximately 20 million children with disabilities, only 2
percent of whom had access to special education that could meet their
needs. In 2008 there were 419,000 children with disabilities in
schools. NGOs claimed that while the overall school enrollment rate was
99 percent, only 75 percent of children with disabilities were enrolled
in school. Nationwide, 243,000 school-age children with disabilities
did not attend school. Nearly 100,000 organizations existed, mostly in
urban areas, to serve those with disabilities and protect their legal
rights. The Government, at times in conjunction with NGOs, sponsored
programs to integrate persons with disabilities into society.
The physical abuse of children can be grounds for criminal
prosecution. However, misdiagnosis, inadequate medical care,
stigmatization, and abandonment remained common problems. According to
reports, doctors frequently persuaded parents of children with
disabilities to place their children in large government-run
institutions, where care was often inadequate. Those parents who chose
to keep children with disabilities at home generally faced difficulty
finding adequate medical care, day care, and education for their
children. Government statistics showed that almost one-quarter of
persons with disabilities lived in extreme poverty.
Unemployment among adults with disabilities remained a serious
problem. Under the Employment Promotion Law, local governments were
required to offer incentives to enterprises that hired persons with
disabilities. Regulations in some parts of the country also required
employers to pay into a national fund for the disabled when the
employees with disabilities did not make up the statutory minimum
percentage of the total workforce.
Standards adopted for making roads and buildings accessible to
persons with disabilities were subject to the Law on the Handicapped,
which calls for their ``gradual'' implementation; however, compliance
with the law was lax. Students with disabilities were discriminated
against in access to education. The law permits universities legally to
exclude otherwise qualified candidates from higher education.
The law forbids the marriage of persons with certain acute mental
illnesses, such as schizophrenia. If doctors find that a couple is at
risk of transmitting disabling congenital defects to their children,
the couple may marry only if they agree to use birth control or undergo
sterilization. The law stipulates that local governments must employ
such practices to raise the percentage of healthy births.

National/Racial/Ethnic Minorities.--Most minority groups resided in
areas they traditionally inhabited. Government policy calls for members
of recognized minorities to receive preferential treatment in birth
planning, university admission, access to loans, and employment.
However, the substance and implementation of ethnic minority policies
remained poor, and discrimination against minorities remained
widespread.
Minority groups in border and other regions had less access to
education than their Han counterparts, faced job discrimination in
favor of Han migrants, and earned incomes well below those in other
parts of the country. Government development programs often disrupted
traditional living patterns of minority groups and included, in some
cases, the forced relocation of persons. Han Chinese benefited
disproportionately from government programs and economic growth. As
part of its emphasis on building a ``harmonious society,'' the
Government downplayed racism and institutional discrimination against
minorities, which remained the source of deep resentment in the XUAR,
Inner Mongolia Autonomous Region, and Tibetan areas. In September 2009
the State Council issued a white paper on ethnic policy, common
prosperity, and development of all ethnic groups. The report stated
that the country's ethnic policy ensured equality among all ethnic
groups.
According to 2007 government statistics, 36.3 percent of Guangxi
Province's cadres were ethnic minorities. In 2008 all five of the
country's ethnic minority autonomous regions had governors from
minority groups for the first time in history. However, the Communist
Party secretaries of these five autonomous regions were all Han. Han
officials continued to hold the majority of the most powerful party and
government positions in minority autonomous regions, particularly the
XUAR.
The Government's policy to encourage Han Chinese migration into
minority areas significantly increased the population of Han in the
XUAR. In recent decades the Han-Uighur ratio in the capital of Urumqi
has shifted from 20 to 80 to 80 to 20 and continued to be a source of
Uighur resentment. Discriminatory hiring practices gave preference to
Han and discouraged job prospects for ethnic minorities. According to
2005 statistics published by XUAR officials, eight million of the
XUAR's 20 million official residents were Han. Hui, Kazakh, Kyrgyz,
Uighur, and other ethnic minorities constituted approximately 12
million XUAR residents. Official statistics understated the Han
population, because they did not count the tens of thousands of Han
Chinese who were long-term ``temporary workers.'' While the Government
continued to promote Han migration into the XUAR and fill local jobs
with migrant labor, overseas human rights organizations reported that
local officials under direction from higher levels of government
deceived and pressured young Uighur women to participate in a
government-sponsored labor transfer program.
The XUAR government took measures to dilute expressions of Uighur
identity, including reduction of education in ethnic minority languages
in XUAR schools and the institution of language requirements that
disadvantaged ethnic minority teachers. The Government continued to
apply policies that prioritized standard Chinese for instruction in
school, thereby reducing or eliminating ethnic-language instruction.
Graduates of minority language schools typically needed intensive
Chinese study before they could handle Chinese-language course work at
a university. The dominant position of standard Chinese in government,
commerce, and academia put graduates of minority-language schools who
lacked standard Chinese proficiency at a disadvantage.
During the year authorities continued to implement repressive
policies in the XUAR and targeted the region's ethnic Uighur
population. Officials in the XUAR continued to implement a pledge to
crack down on the Government-designated ``three forces'' of religious
extremism, splittism, and terrorism and outlined efforts to launch a
concentrated antiseparatist reeducation campaign.
It was sometimes difficult to determine whether raids, detentions,
and judicial punishments directed at individuals or organizations
suspected of promoting the three forces were actually used to target
those peacefully seeking to express their political or religious views.
The Government continued to repress Uighurs expressing peaceful
political dissent and independent Muslim religious leaders, often
citing counterterrorism as the reason for taking action.
Uighurs continued to be sentenced to long prison terms, and in some
cases executed, on charges of separatism and endangering state
security. The Government reportedly sought the repatriation of Uighurs
outside the country, who faced the risk of persecution if repatriated.
Freedom of assembly was severely limited during the year in the
XUAR.
In September 2009 the Government announced it would demolish three
buildings owned by the family of exiled Uighur leader Rebiya Kadeer,
president of the World Uighur Conference. The Government blamed Kadeer,
a Uighur businesswoman in exile, for orchestrating the July 2009 riots
in Urumqi. At year's end the buildings had not been demolished.
Possession of publications or audiovisual materials discussing
independence or other sensitive subjects was not permitted. Uighurs who
remained in prison at year's end for their peaceful expression of ideas
the Government found objectionable included Mehbube Ablesh, Abdulla
Jamal, Adduhelil Zunun, Abdulghani Memetemin, and Nurmuhemmet Yasin.
During the year XUAR and national-level officials defended the
campaign against the three forces of religious extremism, splittism,
and terrorism and other emergency measures taken as necessary to
maintain public order. Officials continued to use the threat of
violence as justification for extreme security measures directed at the
local population, journalists, and visiting foreigners.
In September 2009 state media reported that XUAR authorities
approved the Information Promotion Bill, making it a criminal offense
to discuss separatism on the Internet and prohibiting use of the
Internet in any way that undermines national unity. The bill further
bans inciting ethnic separatism or harming social stability. The bill
requires Internet service providers and network operators to set up
monitoring systems or strengthen existing ones and report
transgressions of the law.
Han control of the region's political and economic institutions
also contributed to heightened tension. Although government policies
continued to allot economic investment in, and brought economic
improvements to the XUAR, Han residents received a disproportionate
share of the benefits.
(For specific information on Tibet, please see the Tibet addendum.)

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--No laws criminalize private
homosexual activity between consenting adults. Homosexuality was
decriminalized in 1997 and removed from the official list of mental
disorders in 2001. Due to societal discrimination and pressure to
conform to family expectations, most gay individuals refrained from
publicly discussing their sexual orientation. Individual activists and
organizations working on HIV/AIDs and lesbian, gay, bisexual, and
transgender (LGBT) issues continued to report discrimination and
harassment from the authorities. In May HIV/AIDS activist Wan Yanhai,
founder and director of the Beijing-based NGO Aizhixing, left the
country, reportedly in response to increased pressure by authorities on
himself and his organization.
In January police blocked an event to choose a delegate to the
Worldwide Mr. Gay pageant, shutting down the first-ever Mr. Gay China
pageant just before the event. Police cited a lack of permits.
In March, Li Yinhe, an activist and sexologist for the third time
presented a proposal to the NPC and CPPCC advocating the legalization
of same-sex marriage. Li had previously presented the proposal in 2003
and 2006. To date, no NPC debate has been held on the proposal.
On May 17, a small number of events were held across the country in
universities to mark the International Day against Homophobia. The
events were covered in English-language domestic media, but Chinese-
language coverage was subdued.
In September police raided a park frequented by gays in Beijing,
allegedly as part of a security sweep ahead of the October National Day
holiday. Reports suggested approximately 80 men were taken to a local
police station, most were released without charge.
In March and April 2009, approximately 50 gays were reportedly
detained in Renmin Park in Guangzhou and questioned by police. In
August 2009 police in Guangzhou tried again to remove a group of gays
from Renmin Park. The men refused, and after a nonviolent standoff, the
police desisted.
In June 2009 the first gay pride festival took place in Shanghai.
Also in June 2009 the Beijing Queer Film Festival was held. Police had
blocked previous attempts to hold the festival.
LGBT plotlines and scenes are not allowed on broadcast television.
However, in May a play with a lesbian theme was staged in a mainstream
Beijing theatre.
Although there is no legal prohibition against the registration of
LGBT student groups, none were allowed to register at any university.
In July 2009 a group of lesbians organized an online petition
calling on the Government to rescind a 1998 law banning gays and
lesbians from donating blood.

Other Societal Violence or Discrimination.--The Employment
Promotion Law, which went into effect in 2008, improves protection
against discrimination in employment, and local governments began
modifying their regulations to reflect the new law. Under the law and
adopted regulations, employment discrimination against persons carrying
an infectious disease is prohibited, and provisions allow such persons
to work as civil servants. While the law improves protection against
discrimination in employment, it does not address some common types of
discrimination in employment, including discrimination based on height,
physical appearance, or place of origin.
In April the country eliminated a 20-year travel ban that barred
individuals with HIV/AIDS from entering the country. The State Council
posted a statement on its Web site announcing that the Government had
passed amendments on April 19, revising the Border Quarantine Law, as
well as the Law on Control of the Entry and Exit of Aliens; the changes
were effective immediately.
Despite provisions in the Employment Promotion Law, discrimination
against persons with HIV/AIDS and hepatitis B carriers (including 20
million chronic carriers) remained widespread in many areas. Persons
with HIV/AIDS suffered discrimination, and local governments sometimes
tried to suppress their activities. At the same time, international
involvement in HIV/AIDS prevention, care, and treatment, as well as
central government pressure on local governments to respond
appropriately, brought improvements in some localities. Some hospitals
that previously refused to treat HIV/AIDS patients had active care and
treatment programs because domestic and international training programs
improved the understanding of local healthcare workers and their
managers. In Beijing dozens of local community centers encouraged and
facilitated HIV/AIDS support groups.
Some NGOs working with HIV/AIDS patients and their family members
continued to report difficulties with local governments, particularly
in Henan Province. Henan authorities provided free treatment to persons
with HIV/AIDS, but foreign and local observers noted that local
governments were reluctant or even hostile toward coordinating efforts
with NGOs and preferred to work independently.
On February 10, a nationwide rule banning mandatory hepatitis B
virus tests in job and school admissions applications was promulgated.
Section 7. Worker Rights

a. The Right of Association.--The law does not provide for freedom
of association, as workers were not free to organize or join unions of
their own choosing. Independent unions are illegal, and the right to
strike is not protected in law.
The All-China Federation of Trade Unions (ACFTU), which is
controlled by the CCP and chaired by a member of the Politburo, is the
sole legal workers' organization. The trade union law gives the ACFTU
control over all union organizations and activities, including
enterprise-level unions and requires the ACFTU to ``uphold the
leadership of the Communist Party.'' ACFTU constituent unions were
generally ineffective in protecting the rights and interests of
members. The ACFTU was active in advocating for government policies to
better protect rights and interests of workers. Following widespread
criticism of the ACFTU's response to several high-profile labor
disputes that occurred primarily at automotive parts suppliers in
Guangzhou, the union has advocated for reform of laws to better equip
the union to protect workers' rights and interests.
The ACFTU and its provincial and local branches continued to
aggressively organize new unions and add new members. According to the
latest available official ACFTU data, as of the end of 2009 there were
1.8 million trade unions with 226 million registered ACFTU members, and
about 84 million of the estimated 230 million migrant workers in the
country had joined trade unions. Further, the ACFTU claimed that 79
percent of foreign-invested companies, 78.5 percent of private
companies, and 87 percent of the ``Fortune 500'' companies' China
headquarters had established trade unions by the end of 2009.
One of the 12 Taiwan employees who became a member of the Xiamen
General Labor Union in 2009 (the first time a mainland ACFTU-affiliated
labor union accepted Taiwan members) was invited to attend the 12th
Fujian Provincial Trade Union Conference in May. He was the only Taiwan
worker representative at this ACFTU conference. During the year the
Xiamen government awarded ``May 1st Labor'' medals to six Taiwan
workers. The medals, which usually are awarded to mainland workers,
were for the first time awarded to workers from Taiwan in 2009.
Although the law states that trade union officers at each level
should be elected, most factory-level officers were appointed by ACFTU-
affiliated unions, often in coordination with employers, and were drawn
largely from the ranks of management. Direct election by workers of
union leaders continued to be rare, occurred only at the enterprise
level, and was subject to supervision by higher levels of the union or
Communist Party. In enterprises where direct election of union officers
took place, regional ACFTU offices and local party authorities retained
control over the selection and approval of candidates.
The inability to directly elect their representatives was a key
issue raised by workers in several labor disputes in Guangzhou. In July
striking workers at three Honda auto components factories in the Pearl
River Delta region not only demanded and obtained a large wage
increase, they also succeeded in obtaining a promise of democratic
union elections in which workers directly elect union leaders at the
enterprise level. The Guangdong Federation of Trade Union indicated
Honda's Nanhai plant will be a pilot site for remodeling the ACFTU and
allowing union members to elect their own union chair. A senior ACFTU
official was quoted by official media as saying the ACFTU hopes to end
the practice of companies appointing union leaders or assigning someone
from their human resources department to act as union leader.
Following the heightened restrictions and surveillance reported by
labor NGOs in 2009 surrounding politically sensitive anniversaries,
several labor rights NGOs reported fewer restrictions during the year
and in some cases said they were able to engage directly with high-
level government officials. However, authorities in the south increased
restrictions on some labor NGOs in the aftermath of the large number of
high-profile strikes in Guangdong factories.
Despite more relaxed rules on NGO registration that Shenzhen
implemented in 2008, labor NGOs still reported that they were unable to
register as civil organizations and had little alternative but to
register as businesses and be subject to taxation.
According to local press accounts, Luo Xi, a former primary school
teacher from Hunan Province who was previously sentenced to a lengthy
RTL term following his participation in the 1989 Tiananmen incident,
was arrested on January 8, for participating in and instigating a
teachers' strike in Hunan in December 2008 to demand the same wages and
benefits as civil servants. Luo was sentenced to two years' reeducation
through labor in late January for ``disrupting social order.''
According to an NGO, on February 10, Xue Mingkai, a 20-year-old factory
worker, was sentenced to one and a half years' imprisonment for
subversion of state power by the Shenzhen Intermediate Court.
Authorities claimed he had joined the China Democracy Party in 2009 and
had recruited others to join. They also alleged he planned to organize
a ``Democratic Workers' Party.''
Labor activists detained in previous years reportedly remained in
detention at year's end, including Wang Sen, Hu Mingjun, Li Wangyang,
Kong Youping, Ning Xianhua, Li Jianfeng, Lin Shun'an, Chen Wei, She
Wanbao, Zhu Fangming, Zhao Dongming, Ren Fengyu, Liu Jian, Wang
Miaogen, Feng Xinchun, Huang Zhuyu, Xu Haiyan, Wang Jun, Huang Yunmin,
Li Xintao, Liu Jian, Liu Jianjun, Yang Chunlin, Yu Changwu, Xu Zexin,
Yuan Xianchen, You Jingyou, Zhang Qizhong, and Zhao Wuhu.
While work stoppages are not expressly prohibited in law, article
53 of the constitution has been interpreted as a ban on labor strikes
by obligating all citizens to ``observe labor discipline and public
order.'' Local government interpretations of the law varied, with some
jurisdictions showing some tolerance for strikes while others continue
to treat worker protests as illegal demonstrations. Without a clearly
defined right to strike, workers had only a limited capacity to
influence the negotiation process.
As in past years, in spite of the unclear legal status of worker
strikes, there were hundreds of reports of workers throughout the
country engaging in strikes, work stoppages, and other protest actions.
Most of the complaints were economic in nature, with demands for pay
increases and better benefits being the most common. In many instances,
workers successfully won concessions from companies and saw significant
wage increases.
Figures released by the Guangdong Province Human Resource and
Social Security Department indicate 36 strikes involving more than 600
workers demanding higher pay occurred over 48 days (May 25-July 12).
These strikes were mainly in car parts factories and electronics plants
of the Pearl River Delta. Labor Department officials at the provincial
and municipal levels in Guangdong identified 142 more enterprises with
unstable labor relations (120 in Guangzhou, 14 in Shenzhen, and eight
in Zhuhai). While official media continued to aggressively publicize
worker protests, the strikes in Guangdong Province led the Government
to institute a media ban on all reports of strikes in the area.
Several small labor protests in Jiangsu Province in May and June
heightened anxiety in the Yangtze River Delta region. On June 8,
workers at a Taiwan-owned machinery factory in Kunshan clashed with
police. The 2,000-plus workers had walked off the assembly line to
demand better pay and improved working conditions. Approximately 50
protesters reportedly were injured. Prior to the incident in Kunshan,
there had been reports in mid-May that 44 employees of the Taiwan-based
company, Wintek Corporation, planned to sue the company for poisoning
them after a Suzhou factory manager made them use n-hexane to clean
iPhone screens ordered by Apple Corporation. Workers at Nikon Imaging
company in nearby Wuxi also protested because of their dissatisfaction
with the handling of a poisonous gas incident at the plant.
The 2008 Labor Contract Law and the global financial crisis both
contributed to the growth in labor disputes in the court system.
According to the Supreme People's Court, courts nationwide handled
295,500 labor dispute cases in 2008, a one-year increase of 95.3
percent. The number of labor dispute cases increased another 7.8
percent in 2009, to 318,600. From January to August, courts recorded
207,400 new labor dispute cases.

b. The Right to Organize and Bargain Collectively.--The labor law
permits collective bargaining for workers in all types of enterprises;
however, in practice collective bargaining fell short of international
standards. Under labor and trade union laws, collective contracts are
to be developed through collaboration between the labor union and
management and should specify such matters as working conditions, wage
scales, and hours of work.
The trade union law specifically addresses unions' responsibility
to bargain collectively on behalf of workers' interests. Regulations
required the union to gather input from workers prior to consultation
with management and to submit collective contracts to workers or their
congress for approval. There is no legal obligation for employers to
negotiate, and some employers refused to do so. A key article of the
2008 labor contract law requires employers to consult with labor unions
or employee representatives on matters that have a direct bearing on
the immediate interests of their workers.
Despite the collective bargaining article in the 2008 Labor
Contract Law, many employers prefer to deal with individual employees
directly, allowing for widespread employer abuse of labor contracts.
Common cases of noncompliance with the Labor Contract Law during the
year included forcing employees to sign blank contracts and not
providing workers a copy of their contract. Lack of government
resources also undermined effective implementation and enforcement of
the Labor Contract Law.
In July the Guangdong provincial government issued guidelines on
enterprise collective wage bargaining, which included requiring
employers to give employee representatives information regarding a
company's operations, including employee pay and benefits, to be used
in wage bargaining. The guidelines also gave employees and employers
the right to request the labor bureau to act as a mediator to help
determine wage increase distribution among employees.
In August the Beijing ACFTU instructed lower-level Beijing trade
unions to initiate collective wage bargaining with companies that pay
low average monthly wages. According to the Beijing Municipal
Federation of Trade Unions, enterprises in Beijing with an average wage
of less than RMB 1,100 per month (approximately $165) will be required
to conduct collective negotiations.
The ACFTU reported that 1.4 million collective contracts were
signed by the end of September, covering 2.43 million enterprises and
185 million workers.
The 2008 Labor Dispute Mediation and Arbitration Law provides for
labor dispute resolution through a three-stage process: mediation
between the parties, arbitration by officially designated arbitrators,
and litigation. The 2008 law improved workers' access to and
streamlined this three-stage process. The number of labor disputes
nationwide continued to rise as workers' awareness of the laws
increased.
The Trade Union Law provides specific legal remedies against
antiunion discrimination and specifies that union representatives may
not be transferred or terminated by enterprise management during their
term of office. Collective contract regulations provide similar
protections for employee representatives during collective
consultations.
There are no special laws or exemptions from regular labor laws in
export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced and compulsory labor and contains provisions relevant to forced
labor and trafficking for labor purposes. However, there were reports
that such practices occurred. Punishment for forced labor offenses
under the criminal code ranged from an administrative fine to a maximum
of three years' imprisonment, which was deemed ``insufficiently
dissuasive'' by the International Labor Organization's Committee of
Experts on the Application of Standards.
There were reports that employers withheld wages, or required
unskilled workers to deposit several months' wages as security against
the workers departing early from their labor contracts. These practices
often prevented workers from exercising their right to leave their
employment and made them vulnerable to forced labor. Implementation of
new labor laws, along with workers' increased knowledge of their rights
under these new laws, continued to reduce these practices.
On September 13, the Supreme People's Court issued an
interpretation intended to help workers substantiate claims of not
being paid for overtime work. Among the key issues addressed, the
ruling provided that for overtime claims, while employees have the
initial burden of proving that overtime work was performed, the burden
shifts to the employer if the employee can demonstrate that the
employer had control over the evidence proving that the work was
performed.
Examples of continued reports of forced labor included: The freeing
by police in May of 34 migrant workers who had been forced to work in
slave-like conditions in a brick kiln in Hebei Province. A total of 11
suspects including the kiln's owner were arrested. The discovery by
local Xinjiang reporters in December of 12 mentally ill workers forced
to work in slave labor-like conditions at a Chemical Factory in
Tuokexun. The factory owner and his son were arrested, along with a
labor trafficker from Sichuan's Qu County who allegedly sold the
workers to the factory. The workers were rescued and placed in care,
and the trafficker's ``Beggars Adoption Agency'' was closed down.
Forced labor remained a serious problem in penal institutions
according to the International Trade Union Confederation (ITUC). Many
prisoners and detainees in RTL facilities were required to work, often
with no remuneration. In addition, there were credible allegations that
prisoners were forced to work for private production facilities
associated with prisons. These facilities often operated under two
different names: a prison name and a commercial enterprise name. There
was no effective mechanism to prevent the export of goods made under
such conditions.
The Ministry of Justice discussed allegations of exported prison
labor goods with foreign government officials, but information about
prisons, including associated labor camps and factories, was tightly
controlled.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment of children under the age of 16, but child
labor remained a problem. The Government does not publish statistics on
the extent of child labor.
The Labor Law specifies administrative review, fines, and
revocation of business licenses of those businesses that illegally hire
minors, and provides that underage children found working should be
returned to their parents or other custodians in their original place
of residence. However, a significant gap remained between legislation
and implementation. Workers between the ages of 16 and 18 were referred
to as ``juvenile workers'' and were prohibited from engaging in certain
forms of physical work, including in mines.
Social compliance auditors working for foreign buyers continued to
report some use of child labor in factories producing for export. There
continued to be some reports that schools supplied factories with
illegal child labor under the pretext of vocational training. There are
reports that spot labor shortages, rising wage levels, and more demands
made by adult workers compounded by continued fierce competition,
induced some small enterprises to run the risk of hiring child labor,
and some local authorities to ignore this practice to protect against
employers moving to other areas.
ITUC alleged that there was substantial employment of children
under the age of 16 as a result of poor conditions in the rural
education system that caused parents to send their children to work
because their education was unaffordable. Additionally, work-study
programs allow schools in poor areas to set up income generating
schemes in agriculture and manufacturing, employing children to earn
money for their school fees. Many of these programs resulted in abuses
such as child labor that is forced and in dangerous and labor-intensive
industries such as agriculture, construction, and factories in which
the employed children worked long hours under harsh conditions.
An April National Labor Committee report on KYE Systems
Corporation, a consumer electronics factory in Dongguan City, Guangdong
Province, (also known as Dongguan Kunying Computer Products Company
Ltd.), claimed that dozens of work-study students employed at the
factory over the past three years, purportedly 16 and 17years old,
actually were 14 and 15 years of age and worked 15-hour shifts, six and
seven days a week. The report also alleged that the factory prohibited
bathroom breaks during working hours, restricted the off-compound
movement of workers, provided inadequate bathroom and dormitory
facilities (a bucket and sponge were provided for showering and 14
workers shared each dorm room), and forced workers who made mistakes to
clean the bathrooms.
In April local media reported a 15-year-old in Panjin city,
Liaoning Province, was severely injured by a gas explosion in a
restaurant where he was working. In May a local journalist in Hebei
Province discovered that a 14-year-old child laborer was hired to work
seven days a week as a welder by a local factory. In July a popular
newspaper in Guangzhou reported that a 13-year-old child laborer
drowned while he was trying to escape from the local police in
Guangzhou who were cracking down on an illegal workshop where he was
employed to produce cigarettes.
According to an official Xinhua news article, local labor
inspection teams in Hainan Province found five girls, between ages 13
and 15, employed as waitresses in a hotel in Zhanzhou City.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

e. Acceptable Conditions of Work.--There was no national minimum
wage, but the labor law requires local and provincial governments to
set their own minimum wage according to standards promulgated by the
Ministry of Human Resources and Social Security (MOHRSS). The
regulation states that labor and social security bureaus at or above
the county level are responsible for enforcement of the law. It
provides that where the ACFTU finds an employer in violation of the
regulation, it shall have the power to demand that the relevant labor
bureaus deal with the case.
Due to changing economic and demographic conditions, almost all
local and provincial governments raised minimum wage levels
significantly during the year. Additionally, increased economic
activity, spot shortages of skilled labor, increased inland investment,
and successful strikes led to generally increased wage levels for
workers in all parts of the country.
While minimum wage laws apply to all workers, wage arrears remained
a common problem. Governments at various levels continued their efforts
to prevent arrears and recover payment of missing wages and insurance
contributions. Many of the estimated 230 million migrant workers and
their families faced numerous other obstacles with regard to working
conditions and labor rights. Many were unable to access public
services, such as public education or social insurance, in the cities
where they lived and worked because they were not legally registered
urban residents.
The labor law mandates a 40-hour standard workweek, excluding
overtime, and a 24-hour weekly rest period. It also prohibits overtime
work in excess of three hours per day or 36 hours per month and
mandates a required percentage of additional pay for overtime work.
However, in practice compliance with the law was weak, and standards
were regularly violated.
While many labor laws and regulations on worker safety are fully
compatible with international standards, implementation and enforcement
were generally poor due to a lack of adequate resources. For example,
MOHRSS reported that in 2008 there were only 23,000 fulltime
professional inspectors, and indicated that there were areas in which a
single labor inspector would be responsible for more than 50,000
workers.
Inadequately enforced occupational health and safety laws and
regulations continued to put workers' health and safety at risk. The
State Administration for Work Safety (SAWS) sets and enforces
occupational health and safety regulations. The work safety law states
that employees have the right, after finding an emergency situation
that threatens their personal safety, to evacuate the workplace.
Employers are forbidden to cancel the labor contracts or reduce the
wages or benefits of any employee who takes such action. In practice
such protective provisions were poorly enforced at the local level.
The State Council issued an order requiring local governments and
companies to strengthen standards by improving corporate safety
management, providing technical support and enhancing supervision in an
effort to prevent accidents in high-risk industries, such as mines and
chemical factories. The 32-item order requires, among other items, that
at least one senior manager accompany miners underground at all times
and that workers in high-risk industries receive professional training
and possess valid certification. If any unqualified and untrained
workers are found employed in such workplaces, the company may be shut
down. Factories or mines that have an accident that kills more than
three persons or two fatal accidents in a year will be blacklisted.
This information will then be released to departments related to land
resources, construction, finance, investment, and banks to use as an
important reference in future loan agreement negotiations. Also, seven
national mine emergency teams will be established across the country to
provide timely rescue work in the event of a serious accident.
The State Council's Work Safety Committee orchestrated a nationwide
campaign to improve work safety. In a July 20 report, the committee
acknowledged that there were problems in the nationwide workplace-
safety check system and in resolving work safety problems. During the
year inspectors reportedly uncovered 9.34 million unreported ``work
safety dangers'' while inspecting 6.42 million work units (danwei),
including 2.12 million industrial and mining facilities. Reportedly,
3,327 of the serious hidden dangers were not adequately resolved by
year's end.
The coal industry continued to have a high incidence of accidents
and fatalities, but the Government continued efforts to consolidate the
industry into larger, better-regulated mining companies, including the
campaign jointly carried out by the National Development and Reform
Commission, the State Energy Administration, SAWS, and the State
Administration of Coal Mine Safety to target small mines with an annual
production capacity of less than 300,000 tons. According to statistics
from the National Energy Administration (NEA), 620 small coalmines were
shut down from January to May, eliminating production of 75.4 million
tons of coal.
Also according to the NEA, the death rate per million tons of mined
coal for the first half of the year was 0.788, a decrease of almost 15
percent from the previous year. It reported 71 accidents in total,
killing 602 persons. Many of these accidents were attributed to
production by illegal small mines and by overproduction of large mines.
Independent labor groups stated the actual casualty figures could be
much higher, since many accidents were covered up.
The head of the SAWS said that illegal production, operations, and
construction caused 502 major work-related accidents during the first
half of the year, an increase of 75 accidents over the same period last
year. According to official statistics, a total of 2,652 persons were
reported injured, killed or missing in these 502 accidents, an increase
of 576 victims over the first half of 2009. From January to June, large
production accidents rose 36.4 percent from last year to reach 45,
resulting in 764 individuals killed or listed as missing, up 53.4
percent from the same period in 2009.
As an example of the many reported coal mine accidents, in one
weekend in July five separate mining incidents killed more than 40
miners and left 13 trapped. Twenty-eight miners were killed at a
privately owned mine in Hancheng City, Shaanxi Province, while a fire
at a mine in Henan Province killed eight workers. The following day,
two miners were killed following a gas explosion at a coal mine in
Hunan Province, 13 workers were trapped in a flooded colliery in Gansu
Province, and four miners died at a mine explosion at state-owned
Nanpiao Coal and Electricity Co.'s Dayaogou Mine in Huludao City,
Liaoning Province. Media later in the week reported the dismissal of
Hancheng's mayor and the city government's action to halt production at
33 coalmines until safety concerns were addressed.
In March 153 miners were trapped underground after an accident at
the Wangjialing Coal Mine in Shanxi Province. After eight days, 115 of
them were rescued.
According to the Ministry of Health, more than 14,000 workers were
diagnosed with pneumoconiosis, or black lung disease, in 2009,
accounting for 80 percent of new occupational disease cases during the
year. Many of these miners had difficulty obtaining compensation as
many of the mines were privately operated, and had closed. When the
mines closed, many workers had no certificate to prove they once worked
in the mine, and without the certificate a hospital cannot make an
occupational disease assessment report, without which there can be no
compensation.
______

tibet
The United States recognizes the Tibet Autonomous Region (TAR) and
Tibetan autonomous prefectures and counties in other provinces to be a
part of the People's Republic of China (PRC). The Tibetan population
within the TAR was approximately 2.7 million and outside the TAR was an
estimated 2.9 million. The Government strictly controlled information
about, and access to, the TAR and Tibetan areas outside the TAR, making
it difficult to determine accurately the scope of human rights abuses.
There was severe repression of freedoms of speech, religion,
association, and movement. The intensified controls applied following
the March 2008 riots and unrest in Tibetan areas eased somewhat after
the second anniversary of the unrest and its suppression. Authorities
continued to commit serious human rights abuses, including
extrajudicial killings, torture, arbitrary arrests, extrajudicial
detention, and house arrest. The preservation and development of
Tibet's unique religious, cultural, and linguistic heritage remained a
concern.
The fallout from the March 2008 protests continued to affect the
human rights situation in Tibetan regions of the PRC. A number of
Tibetans, especially monks, remained incarcerated for their role in the
2008 protests and riots. People's Armed Police (PAP) presence remained
at historically high levels in many communities across the Tibetan
Plateau. In March all major monasteries in Lhasa were guarded by
security forces. On March 14, many shops in the city closed to mark the
anniversary of the demonstrations and the police crackdown. Students in
many areas protested; in southern Gansu Province, students reportedly
protested for freedom, human rights, and in support of the Dalai Lama.

Deprivation of Life.--There were numerous reports that the
Government or its agents committed arbitrary or unlawful killings;
however, it was not possible to verify independently these reports.
There were no reports that officials investigated or punished those
responsible for the killings.
In August police shot and killed a Tibetan during a mining protest
in Phayul County in Ganzi (Kardze) Prefecture. State media claimed the
Tibetan was shot accidentally when police fired warning shots at
protesters.
In December 2009 33-year-old Tibetan nun Yangkyi Dolma died of
unknown causes in a Chengdu hospital after eight months in police
custody. She was severely beaten by police and arrested in March 2009
after she joined a protest in Ganzi County, Ganzi Prefecture, Sichuan
Province calling for human rights and the swift return of the Dalai
Lama.
No further information was available regarding the January 2009
death of Pema Tsepag following his beating by authorities; the March
2009 killing of Phuntsok Rabten by public security agents; the March
2009 killing of Panchou Lede in a clash between soldiers and farmers;
and the August 2009 death of Kalden following his torture in a Lhasa
prison.
Following the outbreak of protests in March 2008, the Government
reported that 22 persons were killed in the Lhasa violence, including
18 civilians, one police officer, and three rioters. However, outside
observers, including Tibetan exile groups and nongovernmental
organizations (NGOs), variously placed the number of persons killed in
Tibetan areas due to official suppression that began March 10 at
between 100 and 218.
There were reports of persons tried, found guilty, and executed for
their activities during the 2008 protests. Trials and executions were
not transparent, and requests by foreign observers to attend trials
were denied. There was not enough information available to determine
whether they were afforded due process.

Disappearance.--Following the 2008 riots in Lhasa, authorities
arbitrarily detained Tibetans, including monks and nuns, many of whom
remained missing. Official statistics for the number detained were
incomplete and covered only limited areas. In February 2009 official
media reported that 953 persons were detained or had surrendered to
police in Lhasa following the riots. The report stated that 76 persons
were sentenced to prison in connection with the unrest, and an
additional 116 were awaiting trial. Official sources have not reported
the fates of these 116 persons. On December 21, an NGO reported that
Jampel Wangchuk, 55, the disciplinarian at Drepung's Loseling College,
had been sentenced to life in prison; Konchok Nyima, 43, the scripture
teacher at Drepung's Gomang College, had been sentenced to 20 years;
and 38-year-old Ngawang Choenyi, the scripture teacher at Drepung's
Ngakpa College, was believed to be serving a sentence of 15 years.
There was no information on the whereabouts of five monks,
including Sonam Rabgyal, Damdul, and Rabgyal, who disappeared following
a 2008 midnight raid on the Ramoche Temple in Lhasa. The whereabouts of
Paljor Norbu, a Tibetan traditional painter sentenced to seven years in
prison after a secret trial in 2008, remained unknown at year's end. No
new information was available on the whereabouts of Phuntsok Gyaltsen,
the deputy head of Phurbu Township, Palgon County, who was detained in
2007.
The whereabouts of the Panchen Lama, Gendun Choekyi Nyima, Tibetan
Buddhism's second-most prominent figure after the Dalai Lama, and his
family remained unknown. In October 2009 government officials in Tibet
told a visiting foreign delegation that Gendun Choekyi Nyima was
``growing up very well, loves Chinese culture and is enjoying his
life.'' The officials asserted that his identification as the 11th
Panchen Lama was ``illegal.''

Torture and Other Cruel and Degrading Treatment.--The security
regime employed torture and degrading treatment in dealing with some
detainees and prisoners. Tibetans repatriated from Nepal reportedly
suffered torture, including electric shocks, exposure to cold, and
severe beatings, and were forced to perform heavy physical labor.
Prisoners were subjected routinely to ``political investigation''
sessions and were punished if deemed insufficiently loyal to the state.
In March 2009 police severely beat 21-year-old Tibetan nun Lobsang
Khandro from the Gema Dra-wok Nunnery for carrying out an individual
protest in Ganzi Prefecture. She allegedly carried pamphlets and prayer
flags and shouted calls for freedom and support for the Dalai Lama as
she walked to the Ganzi Prefecture government headquarters.
On June 22, well-known businessman and environmentalist Karma
Samdrup, on trial for alleged grave robbing and theft of cultural
artifacts, accused his jailers of beatings, sleep deprivation,
administration of drugs that made his ears bleed, and other
mistreatment. On June 24, he was sentenced to 15 years in prison.
Late in the year four monks from Lutsang Monastery were released
from confinement in Qinghai Province. The four were arrested and
sentenced to reeducation through labor (RTL) following a February 2009
protest by Lutsang monks outside a government office.
In May 2009 according to an NGO report, police injured six persons
in Tawu County of Ganzi Prefecture while breaking up a protest against
a hydroelectric project.
According to numerous sources, many of those detained after the
rioting in 2008 were subjected to extrajudicial punishments such as
severe beatings and deprivation of food, water, and sleep for long
periods. In some cases detainees suffered broken bones and other
serious injuries at the hands of PAP and Public Security Bureau (PSB)
officers. According to eyewitnesses, the bodies of persons killed
during the unrest or subsequent interrogation were disposed of secretly
rather than returned to their families.
Phurbu Tsering Rinpoche, head of Pangri and Yatseg nunneries in
Ganzi, told of police abuse during his April 2009 trial. He claimed
that after his arrest in 2008, police handcuffed him with arms
outstretched to an iron pillar and forced him to stand while they
interrogated him continuously for four days and four nights. They told
Phurbu Tsering Rinpoche that if he did not confess his wife and son
would be detained. His trial was later postponed indefinitely. Foreign
diplomats asked to observe the trial but received no reply. In late
December 2009 a court sentenced Phurbu Tsering Rinpoche to eight-and-a-
half years in prison for illegal possession of weapons and ammunition
(see Denial of Fair Public Trial section).
In May 2009 Tibetan monk Jigme Guri from Labrang Monastery was
released from prison. He alleged that prison authorities beat him
repeatedly during two months of detention beginning in 2008. According
to Jigme, the beatings left him unconscious for six days, and he
required two hospitalizations.

Prison Conditions.--In December 2009 the deputy director of the TAR
Justice Bureau told a foreign diplomat that there were 3,000 prisoners
in the five TAR prisons, which are separate from the RTL system.
The mass detentions connected with the March 2008 unrest amplified
already crowded and harsh prison conditions. Some prisons, including
those in the RTL system, used forced labor to which prisoners may be
assigned for three years (with the possibility of a one-year extension)
without court review. The law states that prisoners may be required to
work up to 12 hours per day, with one rest day every two weeks, but
sometimes these regulations were not enforced; conditions varied from
prison to prison.
According to numerous sources, political prisoners in Tibetan areas
endured unsanitary conditions and often had little opportunity to wash
or bathe. Many prisoners slept on the floor without blankets and
sheets. Prisoners reported being confined side by side with 20 to 30
cellmates for many days.
Former detainees reported that prisoners were not provided with
enough food. According to sources, prisoners rarely received medical
care unless they had a serious illness. Prisoners also complained that
they often failed to receive money, food, clothing, and books sent by
their families because such items were routinely confiscated by prison
guards.

Arbitrary Arrest and Detention.--During the year arbitrary arrest
and detention continued in Tibetan areas. With a detention warrant,
police legally may detain persons for up to 37 days without formally
arresting or charging them. Police must notify the relatives or
employer of a detained person within 24 hours of the detention.
Following the 37-day period, police must either formally arrest or
release the detainees. In practice police frequently violated these
requirements.
Official state media reported the detentions of 4,434 persons in
Tibetan areas (1,315 in Lhasa) between March and April 2008. In 2008
official media reported that approximately 1,317 persons were arrested
in the March-April time frame, 1,115 of whom were released afterwards.
Overseas organizations placed the total number detained at more than
5,600.
Many prisoners were subject to the RTL system or other forms of
detention not subject to judicial review.

Denial of Fair Public Trial.--Legal safeguards for Tibetans
detained or imprisoned were inadequate in both design and
implementation. According to a TAR Bureau of Justice official, all
seven cities and prefectures had established legal assistance centers
that offered services in the Tibetan language. Prisoners may request a
meeting with a government-appointed attorney, but in practice many
defendants did not have access to legal representation.
According to the Tibet Daily, the TAR was strengthening the
Communist Party's leadership over lawyers in the region in order to
ensure that the work of lawyers ``goes in the correct direction.'' Of
the 18 law firms in the TAR, 11 had their own Communist Party committee
and six shared a Communist Party committee with the Justice Bureau in
their prefecture. A party development leader was assigned to the law
firm that had no party organization.
Ethnic Han lawyers who volunteered to represent detainees involved
in the 2008 protests received warnings from authorities not to take on
such cases. Authorities threatened some with punishment or placed them
under police surveillance. In cases that authorities claimed involve
state security, trials often were cursory and closed. Authorities
denied multiple requests from foreign diplomats to observe the trials
of those charged with crimes related to the 2008 unrest. By law maximum
prison sentences for crimes such as ``endangering state security'' and
``splitting the country'' are 15 years for each count, not to exceed 20
years in total. Authorities sentenced Tibetans for alleged support of
Tibetan independence regardless of whether their activities involved
violence.

Political Prisoners and Detainees.--Due to the lack of independent
access to prisoners and prisons, it was impossible to ascertain the
number of Tibetan political prisoners. A number of the Tibetans
arrested or detained in the days and weeks following the spring 2008
protests were sentenced throughout 2010. Many prisoners were held in
the extrajudicial RTL prisons operated by the Ministry of Public
Security and never appeared in public court.
Based on information available from the U.S. Congressional
Executive Commission on China's political prisoner database, as of
September 3, there were 824 Tibetan political prisoners imprisoned in
Tibetan areas. Of these, 765 were Tibetans detained on or after March
10, 2008, and 59 were Tibetans detained prior to March 10, 2008. Of the
765 Tibetan political prisoners who were detained on or after March 10,
2008, 443 (approximately 58 percent) were Tibetan Buddhist ``religious
professionals'' (monks, nuns, and trulkus, or high-ranking reincarnated
lamas). Sentencing information was available for 152 of the 824
Tibetans. Of the 152 Tibetan political prisoners for whom sentencing
information is available, 116 were detained on or after March 10, 2008.
According to an NGO report, as of December 30, there were 831 known
political prisoners in Tibet, of whom 360 were known to have been
convicted by courts; 12 Tibetans were serving life sentences. The
actual number of Tibetan political prisoners and detainees was believed
to be much higher. An unknown number of prisoners continued to be held
under the RTL system.
In January authorities sentenced singer Tashi Dhondrup to 15
months' hard labor for writing, recording, and distributing songs with
lyrics such as: ``The occupation and denial of freedom of Tibetans/This
is torture without trace.''
On April 6, at Northwest Nationalities University in Lanzhou,
authorities detained Tashi Rabten, editor of the banned literary
magazine Eastern Snow Mountain, which discussed the 2008 protests.
On April 23, authorities detained the Tibetan writer Tagyal (pen
name Shogdung) in Xining. Shogdung is the author of the banned book
Opening of Earth and Sky, which severely criticized PRC government
policies in Tibetan areas and praised the 2008 protests against the
Government. Authorities considered the book subversive for its
criticism of the PRC government: On October 14, Tagyal was released on
bail, and at year's end was awaiting trial.
On May 20, authorities arrested writer Doku Tsultrim apparently
because of material he was preparing to publish on Tibetan youth after
the April 14 Yushu earthquake.
On May 25, the Lhasa Intermediate Court sentenced Sonam Tsering to
death with two years reprieve to consider his post-sentencing behavior
for inciting and participating in the Lhasa riot; five others were
sentenced to between three and seven years in prison.
On June 26, authorities sentenced businessman Dorje Tashi, owner of
the Yak Hotel in Lhasa, to life in prison. Although the authorities
kept the charges against him secret, they reportedly involved helping
exile groups.
In February 2009 authorities handed down sentences of 18 months to
three years in prison to six Tibetans in Ganzi Prefecture for
participating in protests.
In May 2009 according to an NGO report, authorities sentenced
Tsultrim Gyatso, a monk of Labrang Monastery in southern Gansu
Province, to life imprisonment for ``endangering state security.''
According to the Agence France Presse, early in 2009 authorities
handed down sentences ranging from three years to life in prison to a
total of 76 persons involved in the March 2008 riots.
An NGO reported that in July 2009 the Lithang County, Ganzi
Prefecture Intermediate People's Court sentenced Tibetan monk Jamyang
Tenzin of Yonru Geyden Rabgayling Monastery, Lithang County, to three
years' imprisonment for opposing a work team sent to conduct a
``patriotic education campaign'' at his monastery.
In August 2009 an NGO reported that eight Tibetans in Machen County
were sentenced to one to seven years in prison following protests
related to the suicide of Tashi Sangpo, which was reportedly triggered
by his inhumane treatment at the hands of the police.
In December 2009 authorities sentenced filmmaker Dhondup Wangchen
to six years in prison for ``splittism'' for his film Leaving Fear
Behind, which documented the lives of Tibetans in China and their views
on the Dalai Lama.
In 2009 in Barkham County, Aba (Ngaba) Prefecture, four students
were imprisoned for working on a student newspaper at their Tibetan
high school. One of the students was sent to an RTL camp in Mianyang.
Charges were not brought against the other three. Three teachers at the
high school were fired in connection with this case.
Wangdu (Wangdui), a former employee of an HIV/AIDS prevention
project run by a foreign NGO, who in 2008 was sentenced to life
imprisonment for engaging in ``espionage'' on behalf of the ``Dalai
clique,'' remained in prison. Migmar Dhondup, another former employee
of a foreign NGO, also remained in prison on the same charge.
Prominent Buddhist figure Tenzin Delek Rinpoche was serving a life
sentence in a Sichuan prison on separatism, firearms, and explosives
charges. According to Tibetan sources, the firearms were left at his
temple by a group who had renounced hunting.
Dozens of monks and nuns who resisted ``patriotic education''
campaigns before the 2008 protests continued serving prison terms.
According to an NGO, the PSB arrested Kunga Tsangyang, a monk from
the Labrang Monastery, during a late-night raid in March 2009. The
reported arrest was part of a continuing sweep of Tibetan Internet
writers that began after the 2008 unrest. In November 2009 he was
sentenced to five years in prison on charges of disclosing state
secrets in a closed-door trial by the Gannan Intermediate People's
Court in Gansu Province.
In December 2009 Phurbu Tsering Rinpoche, a senior religious leader
who allegedly had been tortured to extract a false confession, was
sentenced to seven years for misappropriation of public assets and one-
and-a-half years for illegal possession of ammunition after dozens of
nuns at a nunnery he headed staged a peaceful protest in May 2008.
Prosecutors maintained that a pistol and ammunition were found during a
police raid, but Phurbu Tsering Rinpoche maintained that he had been
framed. The monk's lawyer stated he had given a false confession after
police deprived him of sleep for four days (see Torture section).
Late in 2008 the Ganzi Tibetan Autonomous Prefecture Intermediate
People's Court sentenced Dorje Kangzhu, a 34-year-old nun, to seven
years in prison for ``inciting secession.'' She was arrested for
distributing Tibetan independence leaflets and shouting pro-Tibet
slogans in 2008.
The following political prisoners remained incarcerated: Rongye
Adrak, Adak Lupoe, Lama Jigme Tenzin (Jinmei Danzeng) aka Bangri
Chogtrul, Jarib Lothog, monk Lodroe, Khenpo Jinpa, art teacher and
musician Kunkhyen, Buchung; Penpa, Bangri Chogtrul Rinpoche, monk
Choeying Khedrub (Quyin Kezhu), Dawa (also called Gyaltsen Namdak),
monk Lobsang Palden, teacher Dolma Kyab, Sherab Yonten, Sonam Gyelpo,
retired physician Yeshe Choedron (Yixi Quzhen), monk Tenzin Bucheng
(Danzeng Puqiong), monk Lobsang Ngodrub, and monk Tsering Dhondup.

Freedom of Speech and Press.--Tibetans who spoke to foreign
reporters, attempted to relay information to foreigners outside the
country, or passed information regarding the 2008 protests were subject
to harassment or detention. During 2009, 59 individuals were convicted
for ``creating and spreading rumors'' after the 2008 unrest.
The Government severely restricted travel by foreign journalists to
Tibetan areas. In the TAR, foreign journalists can gain access to the
region only by participating in highly structured government organized
tours, where the constant presence of government minders makes
independent reporting difficult. Outside the TAR, foreign journalists
frequently were expelled from Tibetan areas despite government rules,
adopted in 2008, stating that foreign journalists do not need the
permission of local authorities to conduct reporting. In June the
Foreign Correspondents Club of China (FCCC) called on China to apply
its own reporting regulations and open the TAR to foreign journalists.
An FCCC survey found that 86 percent of respondents said that it was
not possible to report accurately and comprehensively about Tibet.
Respondents submitted 35 applications for travel to the TAR over the
past two years; only four were approved. Some foreign media were able
to report from Yushu immediately after the earthquake without serious
government interference.
In March 2009 the FCCC urged the Government to halt detentions of
journalists and open Tibetan areas for news coverage. Reporters from at
least six different news organizations were detained or had their
property confiscated when they attempted to visit Tibetan areas of
Gansu, Sichuan, and Qinghai provinces ahead of the first anniversary of
social unrest in Tibet.
Tibetans noted that the authorities had ordered that coverage of
the Yushu relief efforts should focus on the army's efforts and should
downplay the work of Tibetan monks.
On April 6, two Tibetan writers, Tashi Rabten and Druklo, were
taken into custody by police during a raid at their hostel at the
Northwest University for Nationalities in Lanzhou, Gansu Province.
Tashi Rabten was one of four Tibetan writers whose arrest the NGO
Reporters Without Borders reported in August 2009. The other three were
Zhuori Cicheng, the monk Gang Ni, and Kang Gongque. Kang Gongque was
sentenced to two years in a Sichuan Province prison.
On December 30, the Aba Intermediate Court found three Tibetan
writers, Jangtse Dhonko, Bhudha and Kalsang Jinpa, guilty of splittism.
Jangtse and Bhuda were each sentenced to four year' imprisonment;
Kalsang Jinpa was given a three-year sentence.
The Government continued to jam radio broadcasts of Voice of
America's (VOA) and Radio Free Asia's (RFA) Tibetan- and Chinese-
language services and the foreign-based Voice of Tibet. Some Tibetans
reported that at times they were able to receive such radio broadcasts
despite frequent jamming. One monk in Sichuan observed that he might be
able to hear VOA/RFA broadcasts ``if he bought a better radio'';
however, ``if he were caught with a better radio he would be
punished.'' In Tibetan areas of southern Gansu Province and the Ganzi
Tibetan Autonomous Prefecture in Sichuan Province police confiscated or
destroyed satellite dishes suspected of receiving VOA Tibetan-language
television as well as VOA and RFA audio satellite channels. The dishes
have been replaced with government-controlled cable television systems.
Some Tibetans were able to listen to overseas Tibetan-language radio
and television on the Internet.
Domestic journalists did not report on repression in Tibetan areas;
bloggers who did so faced punishment.

Internet Freedom.--In August the Internet magazine Tibetan Review
reported that Internet cafes across Tibet had been ordered to finish
installing a ``state-of-the-art'' surveillance system by the end of the
month. The system would not only restrict content that could be viewed
but would also monitor users' Internet activities. Identity cards
belonging to the person using the Internet must be swiped to allow
online access, and viewed content could then be traced back to that
identity. The order reportedly has been implemented.
During major religious, cultural, and political festivals in
Tibetan areas, many Web sites were shut down and Internet cafes were
closely monitored.
The Internet blog of well-known Tibetan poet and journalist,
Tsering Woeser, remained inaccessible to Internet users inside China
due to official Internet filtering. Authorities continued to refuse to
issue Woeser a passport. Most foreign Tibet-related Web sites critical
of official policy in Tibetan areas were blocked to users in China
throughout the year.
Official censorship greatly hampered the development of Tibetan-
language Internet sites. Although the Government funded projects
designed to improve Tibetan-language computer interfaces, security
agencies responsible for monitoring the Internet often lacked the
language skills necessary to monitor Tibetan content. As a result,
Tibetan-language blogs and Web sites were subject to indiscriminate
censorship, with entire sites closed down even when the content did not
appear to touch on sensitive topics.
In March authorities cut off both Internet and cell phone text
messaging in various parts of Ganzi and Aba prefectures in Sichuan
Province and in the TAR. In June when the two sons of the leader of the
Sakya school of Tibetan Buddhism made a short visit to the Sakya
Monastery in the TAR, cell phone connections and the Internet in Sakya
County were completely shut down.
In February 2009 police in Machu County, Gannan Tibetan Autonomous
Prefecture, arrested Kunchok Tsephel Gopey Tsang, owner of the Tibetan
cultural and literary Web site The Lamp, which was taken off the
Internet for several months. In November 2009 he was sentenced to 15
years in prison on charges of disclosing state secrets.
In 2009 according to an NGO, Gonpo Tserang was sentenced in Dechen,
TAR, to three years in prison for ``inciting separatism'' by sending e-
mail and text messages about the March 2008 protests. The verdict from
the trial stated that ``Gonpo Tserang used the Internet to deliberately
fabricate rumors, distorting the true situation to incite separatism.''
Tibet activists inside and outside of China have been harassed by
well-organized computer-hacking attacks originating from within China
according to a foreign-based study group.
Cell phone and Internet service in the TAR and the Tibetan areas of
Sichuan, Qinghai, and Gansu provinces were curtailed at times during
the March period of sensitive anniversaries and the new ``Serf
Liberation Day'' (see Academic Freedom and Protection of Cultural
Heritage).

Academic Freedom and Protection of Cultural Heritage.--Authorities
in Tibetan areas required professors and students at institutions of
higher education to attend political education sessions in an effort to
prevent separatist political and religious activities on campus. Ethnic
Tibetan academics were frequently encouraged to participate in
government propaganda efforts, such as by making public speeches
supporting government policies or accepting interviews by official
media. Academics who failed to cooperate with such efforts faced
diminished prospects for promotion. Academics in China who publicly
criticized the Chinese Communist Party's (CCP) policies on Tibetan
affairs faced official reprisal. The Government controlled curricula,
texts, and other course materials as well as the publication of
historically or politically sensitive academic books. Authorities
frequently denied permission to Tibetan academics to travel overseas
for conferences and academic/cultural exchanges.
Planned urban economic growth, rapid infrastructure development,
the growing non-Tibetan population, the expanding tourism industry, the
forced resettlement of nomads and farmers, the weakening of Tibetan-
language education at the middle and high school levels, and the
introduction of more modern cultural influences continued to disrupt
traditional living patterns and customs and marginalized the local
population.
In March the authorities in Lhasa launched another in a series of
``Strike Hard'' campaigns. According to official reports, in the early
days of the campaign, they raided 4,115 rented accommodations; checked
60 crime-prone areas; carried out comprehensive checks on 7,347
nonpermanent residents of the city; raided more than 70 guest houses,
Internet cafes, entertainment centers, and bars; and detained 435
persons. Although ostensibly an anticrime operation, police searched
private homes, guest houses, hotels, bars, and Internet cafes for
photographs of the Dalai Lama and other politically forbidden items.
Police examined the cell phones of Lhasa residents to search for
``reactionary music'' from India and photographs of the Dalai Lama.
Human rights groups believed the motive behind the ``strike hard''
campaign was to harass human rights activists and supporters of Tibetan
independence.
On March 28, the TAR marked its second annual observance of ``Serf
Emancipation Day,'' the day in 1959 that China's rulers formally
abolished the Dalai Lama's regional government. During the official
celebration, Tibetan officials denounced the Dalai Lama.
The Dalai Lama and other observers expressed concern that
development projects and other central government policies
disproportionately benefited non-Tibetans and continued to promote a
considerable influx of Han, Hui, and other ethnic groups into the TAR.
Residents lacked the right to play a role in protecting their
cultural heritage, including their environment. In 2007 the TAR
government revised the TAR Cultural Relics Protection Regulations,
asserting ownership over religious relics and monasteries.
Tibetans protested against mining or other industrial activities
that harm the environment. In September Radio Free Asia reported that
Tibetan demonstrators in Driru County, TAR protested construction of a
dam. In August police shot and killed 47-year-old protester Babo at a
mine in a Tibetan area of Sichuan. Local Tibetans said that three
Tibetans were shot in the incident. On May 25, police opened fire on
Tibetans at a cement factory in Xiahe (Labrang) County in Gansu
Province; 15 Tibetans sustained gunshot wounds or injuries from police
beatings according to an exile source in contact with Tibetans in the
area.
Tibetan and Mandarin Chinese are official languages in the TAR, and
both languages appeared on some, although not all, public and
commercial signs. In most cases, Chinese signage was in large
characters, with Tibetan in small letters, sometimes misspelled, and
often there was no Tibetan at all. Inside official buildings and
businesses, including banks, post offices, and hospitals, very little
signage in Tibetan could be found and in many instances, forms and
documents for use by citizens or customers were available only in
Mandarin. Mandarin was widely spoken and was used for most official
communications. The illiteracy rate among Tibetans was more than five
times higher (47.6 percent) than the national average (9.1 percent),
according to 2000 census data. In many rural and nomadic areas,
children received only one to three years of Tibetan-language education
before continuing their education in a Mandarin-language school.
According to official figures, the illiteracy rate among youth and
working-age adults fell from 30.9 percent in 2003 to 2.4 percent in
2008.
According to a 2006 report by the Xinhua News Agency, a looser
definition of literacy was used for Tibetan speakers than for Mandarin
speakers in rural Tibet. Tibetan-speaking peasants and nomads were
considered literate by PRC government standards if they could read and
write the 30 basic letters of the Tibetan alphabet and read and write
simple notes. However, Tibetan writing commonly stacks letters on top
of one another creating an additional 89 letters beyond the basic 30.
Tibetans regard persons who only recognize the 30 letters as
semiliterate. Mandarin-speaking nomads and herders were considered
literate if they could recognize 1,500 Chinese characters.
The Primary/Middle School Tibetan-language Curriculum Committee of
the Five Provinces (TAR, Sichuan, Qinghai, Gansu, and Yunnan)
established a national Tibetan-language curriculum for primary and
middle schools in Tibetan areas that was predominantly translated
directly from a standard Chinese curriculum, offering Tibetan students
very little insight into their own culture, history, and values. Few
elementary schools in Tibetan areas used Tibetan as the primary
language of instruction. In Kangding (Dartsedo), capital of Ganzi
Prefecture, there were no elementary schools where Tibetan children
could study in Tibetan. Tibetan students were required to study
Mandarin, which generally was used to teach most subjects. In middle
and high schools--even some officially designated as Tibetan schools--
teachers nearly always used Tibetan only to teach classes in Tibetan
language, literature, and culture, and taught all other classes in
Mandarin. Of more than 15 middle and high schools in Aba Prefecture of
Sichuan Province, in only three was the curriculum taught primarily in
Tibetan.
On October 19, a provincial government decision to replace Tibetan
with Mandarin as the main medium of instruction in Tibetan schools in
Qinghai Province set off protests by several thousand Tibetan students
in Tongren (Rebkong), Huangnan (Malho) Tibetan Autonomous Prefecture in
Qinghai. The protesters held banners in both Mandarin and Tibetan
calling for ``Equality for Nationalities'' and ``Expand the Use of the
Tibetan Language'' and ``Freedom for the Nationalities.''
As a practical matter, proficiency in Mandarin was essential to
qualify for higher education. China's most prestigious universities
provided no instruction in Tibetan or other ethnic minority languages.
Lower-ranked universities established to serve ethnic minority students
only offered Tibetan-language instruction in courses focused on the
study of the Tibetan language or culture. At the minority universities,
Tibetans and other ethnic minority students typically achieved high
proficiency in Mandarin, as it was the medium for much of the
curriculum, such as computer and business courses.
Leading universities generally required English-language
proficiency for matriculation. Most graduates of Tibetan schools,
however, learned only Mandarin and Tibetan and were thus unable to
attend the better universities. This resulted in a shortage of Tibetans
trained in science and engineering and, consequently, a near-total
reliance on imported technical specialists from outside Tibetan areas
to work on development projects.
On April 3, Tibetan students of the Machu Tibetan Middle School
protested the firing of the school's headmaster Kyabchen Dedrol and two
Tibetan assistants Do Re and Choekyong Tseten. Chinese authorities
fired them following a student-led protest. In China, school
authorities were held strictly accountable for the political activities
of their students.

Freedom of Religion.--For a complete discussion of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

Freedom of Movement.--The law provides for the freedom to travel;
however, in practice the Government strictly regulated travel and
freedom of movement of Tibetans.
Freedom of movement, particularly for monks and nuns, was limited
severely within Lhasa and throughout the TAR, and in Tibetan areas of
Qinghai, Gansu, and Sichuan provinces. It was less of a problem in
Yunnan, where there were many fewer monasteries and nunneries than
other Tibetan areas. The PAP and local PSBs set up multiple roadblocks
and checkpoints on major roads, in cities, and on the outskirts of
monasteries. Tibetans traveling in religious attire were subject to
extra scrutiny by police at roadside checkpoints. Several Tibetan monks
reported that it remained difficult to travel outside their home
monasteries, with officials frequently denying permission for outside
monks to stay temporarily at a particular monastery for religious
education. After the Yushu earthquake, many monks from neighboring
counties and provinces were forced to leave, although local Tibetans
needed their help to conduct funeral ceremonies for the many earthquake
victims.
Many Tibetans, particularly prominent religious figures, scholars,
and dissidents, as well as those from rural areas, continued to report
difficulties obtaining passports. It has been more difficult for
Tibetans to obtain new or renew existing passports following the 2008
protests. In some cases, in order to obtain passports Tibetans had to
promise not to travel to India. In other cases, Tibetan students with
scholarships to foreign universities could not study abroad because
authorities refused to issue them passports. Some Tibetans were able to
obtain passports only after paying substantial bribes to government
officials.
Tibetans continued to encounter substantial difficulties and
obstacles in traveling to India for religious, educational, and other
purposes. Ethnic Tibetan government and CCP cadres in the TAR and Ganzi
Prefecture were not allowed to send their children to study abroad. In
addition to passport restrictions, reinforcement of border posts made
travel, such as pilgrimages via Nepal to India to see the Dalai Lama,
more difficult.
The Government restricted the movement of Tibetans during sensitive
anniversaries and events, and increased controls over border areas at
these times. There were reports of arbitrary detentions of persons,
particularly monks and nuns, returning from India and Nepal. Detentions
generally lasted for several months, although in most cases authorities
did not bring formal charges against prisoners.
Tight border controls sharply limited the number of persons
crossing the border into Nepal and India. The Tibetan Reception Center
in Kathmandu received 874 new Tibetan arrivals. In 2009 there were 838
arrivals, in 2008 there were 596, and in 2007 there were 2,156.
The Dalai Lama, the Karmapa, Sakya Trizin, Kyabje Trulshuk
Rinpoche, and Gyalwa Menri Trizin--leaders of all the schools of
Tibetan Buddhism--remained in exile. The whereabouts of the Panchen
Lama, Gedhun Choekyi Nyima, remained unknown.
Many non-Tibetan Chinese citizens worked in Tibetan regions.
Buddhist monks, particularly Han, were allowed only temporary visits to
Tibetan Buddhist monasteries. Local religious affairs authorities often
forbid Han or foreign Buddhists from staying in monasteries for long-
term study.
The Government also regulated foreign travel to the TAR. In
accordance with a 1989 regulation, foreign visitors were required to
obtain an official confirmation letter issued by the Government before
entering the TAR. Most tourists obtained such letters by booking tours
through officially registered travel agencies.
Authorities halted nearly all foreign travel to Lhasa for several
months following the 2008 demonstrations. Foreign tourists were again
banned from the TAR in March 2009 during the 50th anniversary of the
1959 Tibetan uprising. After March the number of foreign tourists
traveling to the TAR increased, but authorities enforced more tightly
than before existing rules that foreign visitors must remain with tour
groups.
Foreign nationals who were granted official permission to travel to
Lhasa had their movements restricted within the city and surrounding
areas. Officials continued to restrict severely the access of diplomats
and journalists to Tibet. Foreign officials and reporters were able to
travel to the region only on closely chaperoned trips arranged by the
Tibet Foreign Affairs Office. Foreign diplomats must obtain permission
from the TAR's Foreign Affairs Office for each visit to the TAR;
permission was difficult to obtain. During the year three-quarters of
the U.S. requests for official travel to the TAR were denied. In
September authorities approved a visit to Lhasa by the U.S. Ambassador.
Official visits to the TAR were supervised closely, and delegation
members were afforded very few opportunities to meet local residents
not previously approved by the authorities. For those diplomatic trips
that were approved, the TAR Foreign Affairs Office required some high-
level delegations to stay at the Government-affiliated Lhasa Hotel, in
the western, predominantly ethnic Han portion of Lhasa, rather than
hotels in the Tibetan quarter.
With the exception of a few highly controlled trips, authorities
repeatedly denied requests for international observers to visit Tibetan
areas.

National Minorities.--Although TAR census figures showed that
Tibetans made up 92 percent of the TAR's permanently registered
population, official figures did not include a large number of long-,
medium-, and short-term Han residents, such as cadres, skilled workers,
unskilled laborers, military and paramilitary troops, and their
dependents. Chinese social scientists estimated the number of this
floating population, including tourists and visitors on short-term
business trips, for Lhasa alone was more than 200,000 (nearly half the
population of Lhasa and more than 10 percent of the TAR's population)
during the May to November high season for tourism and migrant workers.
According to a Lhasa city official, 260,000 of the 450,000 individuals
living in downtown Lhasa during the year belonged to the floating
population.
Migrants to the TAR overwhelmingly were concentrated in urban
areas, where government economic policies disproportionately benefited
ethnic Han Chinese. Small businesses, mostly restaurants and retail
shops, run by ethnic Han and Hui migrants predominated in cities
throughout Tibetan areas. Tibetans continued to make up nearly 98
percent of the rural population, according to official census figures.
The Government continued its campaign to resettle Tibetan nomads
into urban areas across the TAR and other Tibetan areas. Officials
offered nomads monetary incentives to kill or sell their livestock and
move to newly created Tibetan communities. However, there were reports
of compulsory resettlement where promised compensation was either
inadequate or not paid at all.
According to a December 2009, China News Net report, 230,000
households in the TAR, including 1.2 million farmers and herders, had
been resettled into permanent housing--80 percent of the target
population.
Improving housing conditions and education for Tibet's poorest were
among the goals of resettlement, yet a requirement that villagers build
houses according to strict official specifications within two or three
years often forced resettled families into debt to cover construction
costs.
Although a state media report during the year noted that Tibetans
and other minority ethnic groups made up 70 percent of government
employees at the provincial level in the TAR, ethnic Han continued to
hold the top CCP positions in nearly all counties and prefectures,
including that of TAR party secretary. Within the TAR, ethnic Han
continued to hold all the top security, military, financial, economic,
legal, judicial and educational positions. Tibetans holding government
and party positions were often prohibited from openly worshipping at
monasteries or practicing their religion.
The economic and social exclusion of Tibetans was a major reason
why such a varied cross section of Tibetans, including business
operators, workers, students, university graduates, farmers, and nomads
participated in the 2008 protests. Some Tibetans reported that they
experienced discrimination in employment, and some job advertisements
in the TAR noted that Tibetans need not apply. Some claimed that ethnic
Han Chinese were hired preferentially for many jobs and received
greater pay for the same work. Some Tibetans reported that it was more
difficult for ethnic Tibetans than Han to obtain permits and loans to
open businesses. Continued discriminatory treatment of Tibetans'
applications for passports is another source of dissatisfaction. The
use of Mandarin was widespread in urban areas, and many businesses
limited employment opportunities for Tibetans who did not speak
Mandarin. Restrictions on international NGOs that provide assistance to
Tibetan communities resulted in the elimination of many NGO programs
and the expulsion of many foreign NGO workers from the TAR.
The TAR tourism bureau continued its policy of refusing to hire
Tibetan tour guides educated in India or Nepal. Government officials
stated that all tour guides working in the TAR were required to seek
employment with the Tourism Bureau and pass a licensing exam on tourism
and political ideology. The Government's stated intent was to ensure
that all tour guides provided visitors with the Government's position
opposing Tibetan independence and the activities of the Dalai Lama.
Some ethnic Tibetan tour guides in the TAR complained of unfair
competition from government-sponsored ``Help Tibet'' tour guides
brought in from outside the TAR and put to work after receiving a crash
course on Tibet.

Women and Children--There were no formal restrictions on women's
participation in the political system, and women held many lower-level
government positions. However, women were underrepresented at the
provincial and prefecture levels of government. According to an
official Web site, female cadres in the TAR accounted for more than 30
percent of the TAR's total cadres.
There was no information on the incidence of rape or domestic
violence. In a Tibetan area of Sichuan Province, a resident said that
sex-based violence, including rape, was common among Tibetan herders
and often went unreported.
The TAR Health Bureau reported 102 cases of HIV/AIDS in the TAR
between 1993 and 2009. Lack of knowledge about HIV transmission and
economic pressures on women and girls engaged in prostitution led them
to engage in unprotected sex. Diagnosis and treatment of sexually
transmitted diseases, including HIV/AIDS, appeared to be
nondiscriminatory.
Family-planning policies permitted Tibetans and members of other
relatively small minority groups to have more children than ethnic Han.
Some urban Tibetans who have permanent employment, as well as CCP
members and government officials, and some ethnic Han living in Tibetan
areas, generally were limited to two children. Rural Tibetans were
encouraged, but not required, to limit births to three children.
According to official policy, primary education was compulsory,
free, and universal. According to official TAR statistics, 96.5 percent
of children between the ages of six and 13 attended school, and 90
percent of the TAR's 520,000 primary school students completed lower
middle school, for a total of nine years of education. In 2003 the UN
special rapporteur on the right to education reported that official PRC
education statistics did not accurately reflect attendance and were not
independently verified.
The TAR is one of the few areas of the PRC that does not have a
skewed sex ratio resulting from sex-selective abortion and inadequate
health care for female infants.
______

hong kong
Hong Kong, with a population of approximately seven million, is a
Special Administrative Region (SAR) of the People's Republic of China
(PRC). The 1984 Sino-British Joint Declaration on the Question of Hong
Kong and the SAR's charter, the Basic Law of the SAR (the Basic Law),
specify that Hong Kong will enjoy a high degree of autonomy except in
matters of defense and foreign affairs. The Fourth Term Legislative
Council (LegCo) was elected from a combination of geographic and
functional constituencies in 2008 elections that were generally free
and fair. Security forces reported to civilian authorities.
There were few reports of serious human rights abuses, but the
following human rights problems were reported: limited ability of
citizens to participate in and change their government, press self-
censorship, limited power of the legislature to introduce or amend
legislation and inability to approve executive appointments,
disproportionate political influence of certain sectors of society in
LegCo, and societal prejudice against certain ethnic minorities.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed any politically
motivated killings.
On May 25, a jury ruled that the death of ethnic Nepali Dil Bahadur
Limbu was a lawful killing. In March 2009 a police constable shot and
killed Limbu during an altercation in which he violently resisted a
police constable's request to examine his identity documents. Limbu's
family and activists expressed concern at what they believed was
improper limitation of the scope of the inquest, unwillingness by the
coroner to admit relevant evidence, and a decision not to include
recommendations to the police regarding handling cases involving ethnic
minorities (a key point of contention in the case was that the
constable's warnings prior to shooting were given in Cantonese, which
Limbu did not speak). The High Court (Court of First Instance) granted
Limbu's family a judicial review of the inquest finding in September;
the hearing was pending at year's end.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The Basic Law prohibits torture and other forms of abuse,
and the Government generally observed the prohibition in practice. In
the first half of the year, the police force's Complaints Against
Police Office (CAPO) received 168 allegations of assault by police
officers on persons in detention. Eleven cases were found ``not
pursuable,'' 39 were withdrawn, and 118 were pending investigation and
endorsement by the Independent Police Complaints Council (IPCC). There
were 48 allegations of assault by police officers on persons not in
custody. Seven were found ``not pursuable,'' nine were withdrawn, and
32 were pending investigation as of June.
CAPO, monitored by the IPCC, continued to investigate an August
2009 incident in which narcotics officers reportedly entered a house
without presenting identification or search warrant until the search
had already been underway for an hour. Officers reportedly handcuffed
and beat two residents in the course of a search for narcotics,
reportedly leaving one resident with a ruptured right eardrum. As of
year's end, neither body had made public the results of its
investigation.
Police continued following a revised policy and guidelines
regarding strip searches implemented in 2009. Some legislators and
activists contended that police should only conduct such searches based
on a ``reasonable suspicion,'' but police officials defended searches
on safety and security grounds. Some activists reported complaints from
prostitutes that they were routinely subjected to full strip searches,
which they contended was meant to humiliate them.

Prison and Detention Center Conditions.--Prison conditions
generally met international standards. The Government permitted
monitoring visits by independent human rights observers. No human
rights organizations requested such visits during the year.
According to government statistics, as of June the total adult
(over age 21) population in prison, rehabilitation, or pretrial
detention was 7,232--4,884 male and 2,348 female inmates. As of June a
total of 66 juveniles under age 16 were serving sentences in penal,
retraining, or rehabilitation facilities.
Through June the average prison occupancy rate was 91 percent.
Overcrowding occurred in some prisons, particularly in maximum-security
prisons, pretrial detention facilities, and institutions for female
inmates.
There were five reported deaths of persons in custody of the
Correctional Services Department; abuse did not appear to be a factor.
Inquest results had not been reported by year's end.
Prisoners and detainees were able to send out and receive an
unrestricted number of letters, receive regular visits, manifest their
religious beliefs or practices in public, and attend available
religious services. Authorities permitted prisoners and detainees to
submit complaints to judicial authorities without censorship and to
request investigation of credible allegations of inhumane conditions.
Authorities investigated credible allegations of inhumane conditions
and documented the results of such investigations in a publicly
accessible manner. The Government investigated and monitored prison and
detention center conditions.
The Correctional Services Department arranged a visit by the media
to a penal institution as part of the department's annual press
conference. Separately, justices of the peace (JPs) are permitted to
make unannounced visits to penal institutions, and 247 such visits took
place between January 1 and June 30. JPs may make suggestions and
comments on matters such as physical environment facilities,
overcrowding, staff improvement, training and recreational programs and
activities, and other matters affecting the welfare of inmates.
The 1,400-place Lo Wu Correctional Institution opened in July,
bringing the average occupancy of female detention facilities down 23
percent to an average of 92 percent. Police also commenced renovations
to station holding cells following complaints by NGOs about conditions.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest or detention, and the Government generally observed these
prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the police, and the Government had
generally effective mechanisms to investigate and punish abuse and
corruption.
There were no reports of impunity involving the security forces
during the year. The IPCC, which oversees CAPO, observes, monitors, and
reviews complaints and actions taken in connection with such
complaints. It may identify any fault or deficiency in police practices
or procedures and make recommendations in respect to such practices or
procedures. The IPCC can require the police to investigate or
reinvestigate complaints and provide other information as it deems
necessary. The IPCC also advises or makes recommendations to the
commissioner of police or the SAR chief executive (CE) as appropriate.
IPCC members and observers are also empowered to attend any interview
conducted by the police concerning a complaint and observe the
collection of evidence by the police in the investigation of a
complaint at any time and without prior appointment.
Human rights activists and some legislators expressed concern that
all IPCC members are appointed by the CE and that the IPCC's lack of
power to conduct independent investigations limits its oversight
capacity. The IPCC cannot compel officers to participate in its
investigations, and the media reported cases of police officers
declining to do so. In response, IPCC chair Jat Sew-tong told the media
he was confident that, if needed, he could approach the police
commissioner and the officer would be ordered to participate.
On April 1, in response to a number of serious offenses committed
by police officers in 2008-09, the police force began conducting
psychometric screening of applicants for the posts of probationary
inspectors and recruit police constables.

Arrest Procedures and Treatment While in Detention.--Suspects were
apprehended openly with warrants based on sufficient evidence and
issued by a duly authorized official. Suspects must be charged within
48 hours or released, and the Government respected this right in
practice. Interviews of suspects are required to be videotaped. The law
provides accused persons with the right to a prompt judicial
determination, and authorities respected this right effectively in
practice. Detainees were promptly informed of charges against them.
There was a functioning bail system, and detainees were allowed prompt
access to a lawyer and family members.

e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice. The judiciary provided citizens with a fair
and efficient judicial process. The courts may interpret those
provisions of the Basic Law that address matters within the limits of
the SAR's autonomy. The courts also interpret provisions of the Basic
Law that touch on central government responsibilities or on the
relationship between the central authorities and the SAR. However,
before making final judgments on these matters, which are not subject
to appeal, the courts must seek an interpretation of the relevant
provisions from the Standing Committee of the National People's
Congress (NPC/SC). The Basic Law requires that courts follow the NPC/
SC's interpretations, although judgments previously rendered are not
affected. As the final interpreter of the Basic Law, the NPC/SC also
has the power to initiate interpretations of the Basic Law.
The NPC/SC's mechanism for interpretation is its Committee for the
Basic Law, composed of six Mainland and six Hong Kong members. The CE,
LegCo president, and chief justice nominate the Hong Kong members.
Human rights and lawyers' organizations expressed concern that this
process, which can supersede the Court of Final Appeal's power of final
adjudication, could be used to limit the independence of the judiciary
or could degrade the court's authority.

Trial Procedures.--The law provides for the right to a fair public
trial, and an independent judiciary generally enforced this right in
practice. The judiciary was an active participant in the international
community of common law jurisprudence. A roster of 15 nonpermanent
judges from other common law jurisdictions served the Court of Final
Appeal, providing a fifth judge to join panels with four permanent
justices to hear cases and participate in the drafting of decisions.
Legal precedents from other common law jurisdictions were routinely
cited in the courts, while Hong Kong precedents were cited in other
common law jurisdictions.
Trials are by jury except at the magistrate and district court
level. An attorney is provided at the public's expense if defendants
cannot afford counsel. Defendants can confront and question witnesses
testifying against them and present witnesses to testify on their
behalf. Defendants and their attorneys have access to government-held
evidence relevant to their cases. Defendants have the right of appeal.
Defendants enjoy a presumption of innocence except in official
corruption cases. Under the Prevention of Bribery Ordinance, a current
or former government official who maintained a standard of living above
that commensurate with his official income, or who controls monies or
property disproportionate to his official income, is guilty of an
offense unless he can satisfactorily explain the discrepancy. In
practice the courts upheld this ordinance. Court proceedings are
conducted in either Chinese or English, the SAR's two official
languages.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary for civil matters and access to a court to
bring lawsuits seeking damages for, or the cessation of, human rights
violations.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice.
The Personal Data (Privacy) Ordinance provides that no personal
data may be used for a purpose other than that stated at the time of
its collection without the data subject's prescribed consent. Specific
exemptions allow SAR authorities to transfer personal data to allow
prevention, detention, or prosecution of a crime when certain
conditions are met. Data may be transferred to a body outside of the
SAR for purposes of safeguarding the security, defense, or
international relations of the SAR or for the prevention, detection, or
prosecution of a crime, provided conditions set out in the ordinance
are met. The Office of the Privacy Commissioner for Personal Data
(PCPD) worked to prevent the misuse, disclosure, or matching of
personal data without the consent of the subject individual or the
commissioner.
The appointment of former postmaster Allan Chiang Yam-wang to
replace Roderick Woo Bun as privacy commissioner for personal data drew
criticism from activists and legislators after the media reported
Chiang had been involved in improper surveillance and data transfers
while serving as postmaster general. The Government declined to
reconsider his appointment, and he took office on August 4.
In May the private company Octopus, provider of transport and
stored-value cards, admitted that customer data was improperly shared
without consent of its customers, provoking widespread criticism from
legislators and the public. The PCPD conducted an investigation but
declined to issue an enforcement notice on grounds that Octopus was
unlikely to reoffend. In his October 13 policy address, the CE pledged
both that the PCPD would issue new guidance and that his administration
would legislate more-specific personal data protections through
amendments to the Personal Data (Privacy) Ordinance.
The use of covert surveillance and the interception of
telecommunications and postal communications can be granted only to
prevent or detect ``serious crime'' or protect ``public security.'' The
law establishes a two-tiered system for granting approval for
surveillance activities, under which surveillance of a more intrusive
nature requires the approval of a judge, and surveillance of a less
intrusive nature requires the approval of a senior law-enforcement
official. Applications to intercept telecommunications must involve
crimes with a penalty of at least seven years' imprisonment, while
applications for covert surveillance must involve crimes with a penalty
of at least three years' imprisonment or a fine of at least HK$1
million (approximately $128,000). In 2009 a total of 1,781
interceptions and 208 surveillances were authorized, leading to 366
arrests. There were 12 reported instances of noncompliance or
irregularities in executing interceptions or surveillances. There were
five reports that interceptions or surveillances might contain
information subject to legal professional privilege (LPP) and two that
might contain journalistic material (JM). Upon review by the
commissioner, no cases involving LPP were confirmed, and only one case
of interception of JM was confirmed. However, the commissioner noted he
could not yet review the actual interceptions and recommended that he
be permitted to do so, both in reported cases of possible violations
and to conduct random reviews. Overall, his conclusion was that, when
violations occurred, they were due either to technical problems,
inadvertent or careless mistakes, or unfamiliarity with regulations and
procedures, rather than deliberate disregard for law or regulation.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
rights in practice. The independent media were active and expressed a
wide variety of views without official restriction. International media
organizations operated freely. Foreign reporters needed no special
visas or government-issued press cards.
The code of ethics of the Hong Kong Journalists Association (HKJA)
states that ``a journalist shall not lend himself/herself to the
distortion or suppression of the truth because of advertising or other
considerations.'' However, reports of media self-censorship continued
during the year. Most media outlets were owned by businesses with
interests on the Mainland, which led to claims that they were
vulnerable to self-censorship, with editors deferring to the perceived
concerns of publishers regarding their Mainland business interests. In
its 2010 report, Freedom House again rated the press as ``partly
free.''
In July the HKJA publicly criticized what it saw as an increasing
reliance by government officials and agencies on ``off-the-record'' or
background briefings, at which no photos or recordings were permitted
and officials could not be quoted by name. While the organization
recognized the role of background briefings to allow more junior
officials to speak on highly technical subjects, it called on senior
officials to brief on the record concerning new government policies to
allow journalists to perform their duty to inform the public. In
response, the director of government information services, Michael Wong
Wai-lun, stated, ``It has been our practice to hold press conferences
to announce major policies and measures and update the community on
significant incidents.'' The HKJA questioned this assertion, noting
that the more frequent press ``stand-ups'' did not offer the same
opportunities to ask questions as a formal press conference. The HKJA
reported an increase in the number of press conferences following its
complaint.
The HKJA also singled out the police force as failing to meet
earlier commitments to provide timely notification of incidents. When
the police switched to encrypted digital radio in 2004 (effectively
ending journalists' ability to monitor police activity through
scanners), the police reportedly undertook to release an average of 100
reports per day. An HKJA study of reports issued between July and
December 2009 indicated an average of only 2.7 reports were being
issued per day and were often not timely or were watered down. The HKJA
also accused police of withholding news involving prominent persons. In
response, the police stated that ``in deciding what information should
be disseminated, police will take into consideration the public's right
to know, the requirement of the code on access to information, and the
principles that the information would not involve personal privacy and
affect judicial procedures.''
On August 13, the Government promulgated the revised charter of
government-owned broadcaster Radio Television Hong Kong (RTHK), which
stated that RTHK ``would provide an open forum for the exchange of
views without fear or favor.'' Section 6.C. of the charter specifies
that ``RTHK is editorially independent.'' While editorial authority
lies with the program director (a government appointee), a new ``Board
of Advisers,'' appointed at the time as the revised charter was
promulgated, is empowered to advise the director ``on all matters
relating to editorial principles.'' In announcing the revised charter
and appointment of the board, the Commerce and Economic Development
Bureau (the parent government agency for RTHK) stated that ``the
Government attaches great importance to safeguarding RTHK's editorial
independence, which is enshrined in the charter.'' Activists and RTHK
staff, however, expressed concern that, as a body appointed by the
Government, the board can exert influence on the broadcaster's
editorial independence. RTHK staff also complained they did not have a
seat on the board.
In December the Office of the Telecommunications Authority (OFTA)
again ordered unlicensed station Citizens' Radio to cease broadcasting,
reporting that the station's transmissions had interfered with Civil
Aviation Department transmissions. Citizens' Radio, whose equipment had
been repeatedly seized and whose staff had frequently faced charges for
unlicensed broadcasting, believed they were denied a fair chance to
receive a proper license. After a 2008 court decision found the
previous system was inconsistent with the Basic Law, amendments to the
Telecomunications Ordinance passed in January laid out the specific
criteria by which license applications will be considered. However,
sole authority to grant or refuse the license remains with the Chief
Executive (in consultation with the Executive Council), and there is no
legal obligation to explain the ground for a refusal.

Internet Freedom.--There were no government restrictions on access
to the Internet; there was some monitoring of the Internet to combat
sexual exploitation of children (see section 6, Children). Commercial
Internet service was widely available, including a number of
government-supplied wireless (WiFi) ``hot spots'' and public and
commercial venues in which WiFi or other access was provided at no
charge to visitors and customers. Individuals and groups could engage
in the peaceful expression of views via the Internet, including by e-
mail. According to Nielsen/NetRatings statistics for the year,
approximately 69 percent of the SAR's inhabitants used the Internet.

Academic Freedom and Cultural Events.--There were generally no
restrictions on academic freedom and cultural events.
Some scholars suggested Hong Kong-based academics practiced some
self-censorship in their China-related work to preserve good relations
and research and lecturing opportunities in the Mainland.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly and association,
and the Government generally respected these rights in practice. The
Government routinely issued the required ``Letter of No Objection'' for
public meetings and demonstrations, and the overwhelming majority of
protests occurred without serious incident. Government statistics
indicate that between July 1997 (Hong Kong's return to China) and June
2010, an average of seven to eight ``public events'' occurred every
day. However, activists and pandemocratic legislators expressed concern
that the Government took a more restrictive view of protests happening
at the Central Government Liaison Office (CGLO), which saw several
clashes with protesters end in arrests. Activists alleged the police
were acting under instructions from Beijing, which police denied.
In March police arrested six activists from the Alliance in Support
of the Patriotic Democratic Movement in China on charges of ``unlawful
assembly'' stemming from a December 2009 protest outside the CGLO in
support of Liu Xiaobo. Twenty activists entered the grounds, at which
point there was a scuffle with police and CGLO security guards. On
December 20, a magistrate acquitted the six, but the Government
announced it would appeal the verdict. Police charged activists under
section 18 of the Public Order Ordinance, a vaguely worded law that
allows authorities to declare any gathering of more than three persons
an ``unlawful assembly'' should they act in a ``disorderly,
intimidating, insulting, or provocative manner.''
Regarding assault charges, activists and some lawmakers expressed
concern about the lack of clear guidelines about whether an alleged
offender would be charged under the Police Force Ordinance (PFO) or the
Offences Against the Person Ordinance (OAPO). Both criminalize assault
on a police officer on duty, but while the PFO carries a maximum
penalty of six months' imprisonment and a HK$5,000 ($643) fine, the
OAPO carries a maximum penalty of two years' imprisonment. Some
activists also alleged that police faced no penalty for making arrests
that ultimately were not prosecuted or that resulted in cases dismissed
by the courts, allowing them to use arrest as a means of intimidation
and to discredit protesters.
In December the media reported that the police force was completing
work on a new Public Order Manual, which would guide police in handling
public demonstrations. The media quoted a prominent human rights NGO
and a member of the Independent Police Complaints Council as expressing
concern that the contents of the manual would not be made public.
Well over 100,000 persons joined the annual vigil commemorating the
June 4 Tiananmen massacre, the highest turnout in many years.
Approximately 30,000 persons joined the annual July 1 democracy march.
Both events were conducted peacefully.
Immediately prior to the June 4 commemorative events, Food and
Environmental Health Bureau officials ordered the seizure of statues
used by activists. The officials declared that the statues, which had
been used by activists for years without incident, constituted a
``public entertainment'' requiring insurance that the activists had not
obtained. Pandemocratic legislators and activists, as well as editorial
opinion, condemned the move. Ultimately, the police (who were in
physical possession of the statues) returned them to activists prior to
June 4.
In September SAR authorities twice prevented members of the Action
Committee for Defending the Diaoyu Islands (Senkaku Islands in
Japanese) from leaving Hong Kong waters in a fishing vessel to protest
Japanese detention of a Chinese fishing crew in the disputed Senkaku
Islands. Unlike earlier voyages, which the Government halted on grounds
that fishing boats are not rated to carry passengers, the group
traveling in September was made up solely of persons qualified in some
respect as sailors. An earlier judicial appeal, which challenged the
Government's action in halting a vessel in May 2009 as a violation of
the Basic Law's guarantee of freedom of movement, failed in a lower
court in February. However, in December the High Court (Court of First
Instance) reversed the decision, ruling that the evidence cited by the
Government as grounds to stop the vessel was ``very weak.''
In December 2009 activists staged a protest on behalf of Mainland
activist Liu Xiaobo at the Lo Wu border crossing. During an ensuing
scuffle between the SAR and the Mainland, activists alleged that
Mainland law enforcement officers dragged activists across the border.
Six activists ended up in Mainland custody, although they were released
that same evening. SAR authorities requested Mainland assistance in
determining whether officers had indeed crossed the border. As of
year's end, no response from the Mainland had been received.

Freedom of Association.--The law provides for this right, and the
Government generally respected it in practice. In the first half of the
year, 1,375 societies were registered or exempted from registration
under the Societies Ordinance. No applications were rejected by the
police.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

Societal Abuses and Discrimination.--There were no reports of
societal abuses or discrimination based on religious affiliation,
belief, or practice, including anti-Semitic acts against the small
Jewish community, during the year. Please see www.state.gov/g/drl/irf/
rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides residents freedom of
movement, freedom of emigration, and freedom to enter and leave the
SAR, and the Government generally respected these rights in practice,
with some prominent exceptions.
Under the ``one country, two systems'' framework, the SAR continued
to administer its own immigration and entry policies and made
determinations regarding claims under the Convention Against Torture
(CAT) independently.
The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing temporary permission to enter the SAR and assistance to
internally displaced persons, refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern.
There continued to be cases in which persons traveling to the SAR
for reasons that did not appear to contravene the law were refused
entry by the Immigration Department. The Immigration Department, as a
matter of policy, declined to comment on individual cases. Activists,
some legislators, and others contended the refusals, usually of persons
holding critical views of the Mainland, were made at the behest of the
PRC authorities. The Security Bureau countered that, while the
Immigration Department exchanges information with other immigration
authorities, including the Mainland, it makes its decisions
independently.
In January authorities denied visas to six technicians of a music
and dance troupe contracted by the Epoch Group (a media organization
with ties to Falun Gong) to present several performances in Hong Kong.
The Immigration Department stated that the visas were refused in
accordance with laws protecting the employment of local workers and
that the troupe could hire competent staff locally. The Epoch Group
cancelled the show and requested a judicial review of the refusals. The
review was granted, and the case was scheduled to be heard in January
2011.
On June 1, foreign citizen Chen Weiming, the sculptor who designed
the Goddess of Democracy statue used by activists to commemorate June
4, was denied entry to the SAR. Chen's lawyer, Democratic Party
legislator James To Kun-sun, told the media he was unable to file a
legal challenge before Chen was put on a departing flight on June 2.
Secretary for Security Ambrose Lee Siu-kwong repeated the Government's
long-standing denial that it maintains an immigration ``blacklist,''
stating that it was ``totally unrelated to so-called political
suppression.''
Most residents easily obtained travel documents from the SAR
government. However, the PRC authorities did not permit some Hong Kong
human rights activists and most prodemocracy legislators to visit the
Mainland. Eleven incumbent legislators were denied ``Home Return
Permits'' to visit the Mainland.
Forty-two legislators, including four pan-democrats without home
return permits, visited the Mainland on May 8-10, principally to visit
the Shanghai Expo.
Government policy was to repatriate undocumented migrants who
arrive from the Mainland, and authorities did not consider them for
refugee status. As of July 31, 3,752 immigration offenders and illegal
immigrants were repatriated to the Mainland. The Government does not
recognize the Taiwan passport as valid for visa endorsement purposes,
although convenient mechanisms exist for Taiwan passport holders to
visit Hong Kong.
The law does not provide for forced exile, and the Government did
not use it.

Protection of Refugees.--The SAR is not a party to the 1951
Convention relating to the Status of Refugees or its 1967 Protocol and
has no temporary protection policy. The director of immigration has
discretion to grant refugee status or asylum on an ad hoc basis but
only in cases of exceptional humanitarian or compassionate need. The
Immigration Ordinance does not provide foreigners the right to have
asylum claims recognized. In practice the Government provided some
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened on account of their
race, religion, nationality, membership in a particular social group,
or political opinion. The Government's practice was to refer refugee
and asylum claimants to a lawyer or the UNHCR.
The Government does not recognize a legal obligation to grant
protection under Article 3 of the CAT, leaving this to the discretion
of the Director of Immigration, but in practice has generally reviewed
claims made under CAT. As of August there were 6,600 such claims
pending determination by the Immigration Department. In December 2009
the department established new screening procedures, and by August 60
claims had been reviewed; none were granted. The SAR has granted
protection under CAT to only one applicant, in 2008.
After a 2008 court decision found that the Immigration Department's
process was not sufficiently ``certain and accessible,'' a new review
mechanism for CAT claims was put into effect in December 2009.
Claimants have access to legal counsel from the Duty Lawyer Service,
whose lawyers have received training in refugee and torture claims from
the Hong Kong Academy of Law. There is also a system to appeal
Immigration Department decisions, with the reviews conducted by
experienced magistrates. Several observers, including the bar
association and the law society, suggested processing refugee and CAT
claims at the same time to avoid duplicate filings.
The Government, in collaboration with nongovernmental organizations
(NGOs) and on a case-by-case basis, offered in-kind assistance,
including accommodation, food, clothing, and other basic necessities,
as well as appropriate transport allowance and counseling and medical
services, to asylum seekers and torture claimants who were deprived of
basic needs while their claims were being processed. As of June 30,
approximately 5,400 persons were receiving assistance.
Those whose claims are pending have no legal right to work, and
those granted either refugee status by the UNHCR or relief from removal
under CAT are permitted to work only if specifically permitted by the
director of immigration. They are also ineligible for training by
either the Employees Retraining Board or Vocational Training Council.
Applications to attend school or university are considered on a case-
by-case basis, at the discretion of the director of immigration. In
November local lawyers assisting the SAR's only CAT protection
recipient and four applicants recognized as refugees by the UNHCR
challenged the restriction in court; the court reserved judgment, and
no verdict had been announced by year's end.
A May 30 High Court (Court of Appeal) decision upheld a March 2009
decision by the High Court (Court of First Instance) that the
Government could not charge asylum or CAT claimants found to be working
with ``overstaying''; the decision was based on grounds that their
release on recognizance constituted authority from the director of
immigration to remain in the SAR. The Government indicated it would
study the judgment before determining whether to appeal. LegCo had
previously passed legal amendments in November 2009 making it illegal
for claimants--who are otherwise regarded as illegal immigrants by the
Government--to work or establish a business.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The right of residents to change their government peacefully is
limited by the Basic Law. Reforms passed in June expanded from 800 to
1,200 the number of members in the committee that selects the CE. A
second reform added five seats to the 30 elected directly from the five
geographic constituencies. An additional five seats were also added to
the functional constituency (FC) representing the district councils.
These new seats are to be nominated by elected district councilors and
then elected by all voters who do not have a vote in another FC.
Specific implementing legislation on both reforms was pending at year's
end.
The remaining 30 LegCo seats are elected by 28 FCs, which represent
key economic and social sectors. These 30 seats are elected by fewer
voters than the electorate in a single geographic constituency. The
vast majority of FC voters are represented by the three largest FCs,
while the four smallest have fewer than 200 voters. Some of these
latter organizations allow ``corporate voting,'' meaning the chief
executive officer of a corporation or organization votes on behalf of
the entire entity. Persons with interests in more than one sector
represented by an FC may be able to cast three votes (one in their
geographic constituency, one in an FC as an individual voter, and one
as the authorized representative of a corporate elector). In addition,
such electors may be able to control or influence the votes of other
authorized representatives of corporate electors in other FCs in which
they have interests.
The Government repeatedly stated that the current method of
selecting legislators for these seats does not conform to principles of
universal suffrage, but it took no steps to reform the ``traditional''
FCs. The High Court (Court of First Instance) struck down a legal
challenge to corporate voting in December 2009, ruling that the
election systems did not contravene the Basic Law.
District councils are responsible for advising the Government on
matters affecting the well-being of district residents, the provision
and use of public facilities, and the use of public funds allocated for
local public works and community activities. The District Council
Ordinance gives the CE authority to appoint 102 of the 529 district
councilors, and he exercised this power. Pan-democrats contended that
the CE uses appointments to dilute their influence on the councils and
repeatedly called for the abolition of the appointed seats.
The SAR sends 36 deputies to the NPC and has 126 delegates in the
Chinese People's Political Consultative Conference.
The approval of the CE, two-thirds of LegCo, and two-thirds of the
SAR's delegates to the Mainland's NPC are required to place an
amendment of the Basic Law on the agenda of the NPC, which has the sole
power to amend the Basic Law.

Elections and Political Participation.--In 2007 the CE Election
Committee selected incumbent Donald Tsang Yam-kuen, and the PRC's State
Council formally appointed him. In 2008 voters in five geographic
constituencies elected 30 legislators, half of the total LegCo, in
elections that were generally free and fair. A record number of
candidates, both party affiliated and independent, contested the
elections. Of the 30 FC seats, 14 incumbents returned uncontested.
In March five legislators resigned to force a by-election they
declared to be a ``referendum'' on political reform, particularly on
achieving universal suffrage. While the Government stated that neither
the Basic Law nor local law establishes a legal process by which to
conduct a referendum, on May 16, the Government held the by-election.
Supporters of the by-election criticized the Government for not making
the traditional efforts to encourage citizens to vote in the by-
election. They also criticized the publicly announced decision of the
CE and senior officials not to cast ballots in the election. The by-
election itself, which saw a turnout of approximately 17 percent, was
generally free and fair, and the five ``incumbents'' were reelected.
The Basic Law prohibits LegCo from putting forward bills that
affect public expenditure, political structure, or government policy.
Bills that affect government policy cannot be introduced without the
CE's written consent. The Government has adopted a very broad
definition of ``government policy'' to block private member bills. On
occasion, and on advice of LegCo's legal advisors, the LegCo president
has challenged the administration's assertion that a motion was out of
order and allowed it to come to vote. When private member bills are
considered, passage requires separate majorities among members of both
the geographical constituencies and the FCs.
Seven of the 30 executive councilors (cabinet ministers and
``nonofficial'' councilors) were women. Seven of the 30 directly
elected LegCo members were women, and women held four of the 30 FC
seats. Women made up between 17 and 23 percent of the membership in the
major political parties. Two political parties represented in LegCo
were headed by women, and several women were party vice chairs. Four of
the 22 most senior government officials were women.
There is no legal restriction against non-Chinese running for
electoral office or participating in the civil service, although most
elected or senior appointed positions require that the office holder
have legal right of abode only in the SAR. There were no members of
ethnic minorities in LegCo. The Government regards ethnic origin as
irrelevant to civil service appointment and does not collect data on
the number of nonethnic Chinese serving in the civil service, a
practice that some observers criticized as preventing the Government
from monitoring hiring and promotion rates for nonethnic Chinese.
Section 4. Official Corruption and Government Transparency
There were isolated reports of government corruption, and the
Government sought to combat official corruption through the Prevention
of Bribery Ordinance and the Independent Commission against Corruption
(ICAC).
From the beginning of the year through September, ICAC received 787
reports of corruption involving government institutions or personnel.
As of June, 311 were under investigation (including one that was being
prosecuted, 168 were deemed nonpursuable, and 43 were found to be
unsubstantiated. Eighteen cases of election-related corruption were
reported in the first half of the year, with 13 under investigation,
four deemed nonpursuable, and one found to be unsubstantiated.
There are no legal protections for whistleblowers. In an April 2009
submission to LegCo, the Government argued that existing procedures
protected staff from being penalized for making complaints or
suggestions ``in good faith'' and that those reporting crime or
corruption also were protected under the law.
The SAR requires the 27 most senior civil service officials to
declare their financial investments annually and the approximately
3,100 senior working-level officials to do so biennially. Policy
bureaus may impose additional reporting requirements for positions seen
as having a greater risk of conflict of interest.
There is no freedom of information legislation. An administrative
code on Access to Information serves as the framework for the provision
of information by government bureaus and departments and the ICAC.
However, they may refuse to disclose information if disclosure would
cause or risk causing harm or prejudice in several broad areas:
national security and foreign affairs (which are reserved to the
central government); immigration issues; judicial and law enforcement
issues; direct risks to individuals; damage to the environment; result
in improper gain or advantage; management of the economy; management
and operation of the public service; internal discussion and advice;
public employment and public appointments; research, statistics and
analysis; third-party information; business affairs; premature
requests; and information on which legal restrictions apply. Political
inconvenience or the potential for embarrassment are not a justifiable
basis for withholding information.
In a January report, Effectiveness of Administration of Code on
Access to Information, the ombudsman cited ``deficiencies among certain
departments, displaying considerable misunderstanding of the provisions
and unfamiliarity with the procedural requirements of the code after
well over a decade of implementation. Some have refused requests for
information without giving any reason or with reasons not specified in
the code; others have misused the reasons specified in the code.'' In
the first half of the year, the Office of the Ombudsman reported
receiving 16 code-related complaints. In response, the Constitutional
and Mainland Affairs Bureau cited the ombudsman's statistics that, of
the 25,125 requests made under the code between March 1995 and
September 2009, 23,986 (95.5 percent) had been met in full, 563 (2.2
percent) had been met in part, and only 576 (2.3 percent) were refused
under reasons set out in the code. In its annual report, the HKJA again
called on the Government to pass a formal freedom of information law.
Company registry documentation and the November 2009 report by the
UN Group of Experts (UNGOE) on the Democratic Republic of the Congo
(DRC) indicated that Huaying Trading Company (HTC), a Chinese-run
mineral exporting company based in eastern DRC, maintained a presence
in Hong Kong. According to UNGOE reporting, HTC purchased minerals from
mines controlled by the Democratic Liberation Forces of Rwanda (FDLR),
which controlled several mines in the eastern DRC provinces of North
and South Kivu. The FDLR, whose leaders continued to include architects
of the 1994 Rwandan genocide, has committed numerous, serious human
rights abuses in eastern DRC and Rwanda. The UNGOE report also
presented information indicating that Refractory Metals Mining Company
Ltd. (RMMC), also based in Hong Kong, financed trading activities of
Africa Ventures Ltd., which bought minerals from suppliers that
purchased such material from FDLR mines.
In addition, according to UNGOE's May interim report, ``in the Kivu
provinces, it appears, almost every mining deposit is controlled by an
armed group.'' In December the international NGO Global Witness
reported that the export records of the DRC government's Division of
Mines showed that a Hong Kong-based company, Unilink Trading Hong Kong,
was one of three companies that purchased columbite-tantalite (or
``coltan'') exported from conflict-affected North Kivu Province in May.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views. Prominent
human rights activists critical of the central government also operated
freely and maintained permanent resident status in the SAR.
During the year the Government prepared independent submissions and
responses to queries from UN bodies and foreign consulates resident in
the SAR.
There is an Office of the Ombudsman and an Equal Opportunity
Commission (EOC), both appointed by the Government but independent in
their operations. Both organizations operated without interference from
the Government and published critical findings in their areas of
responsibility. In a change welcomed by activists, the new EOC
commissioner, Lam Woon-kwong, was a vocal public advocate on minority
rights, access to public and commercial buildings for persons with
disabilities, and other issues within the EOC's responsibility.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law provides that all residents are equal, and the Government
enforced this in practice. The EOC is responsible for implementing the
Sex Discrimination Ordinance (SDO), the Disability Discrimination
Ordinance, the Family Status Discrimination Ordinance, and the Race
Discrimination Ordinance.

Women.--Rape, including spousal rape, is criminalized under the
law, and police enforced the law effectively. From January to June, 54
rape cases and 775 indecent assault cases were reported to the police.
Of these, 52 rape cases and 546 indecent assault cases were detected,
leading to 63 and 515 arrests, respectively.
The Government regarded domestic violence against women as a
serious concern and took measures to prevent and prosecute offenses. It
effectively enforced criminal statutes prohibiting domestic violence
against women and prosecuted violators. Between January and June, there
were 1,105 cases of domestic violence involving heterosexual partners
reported to, and investigated by, the police. The Domestic Violence
Ordinance allows victims to seek a three-month injunction, extendable
to six months, against an abuser. The ordinance does not criminalize
domestic violence directly, although abusers may be liable for criminal
charges under other ordinances, including the Crime Ordinance and the
Offences Against the Person Ordinance. The Government enforced the law
and prosecuted violators, but sentences typically consisted only of
injunctions or restraining orders.
The 2008 Domestic Violence (Amendment) Ordinance expands the scope
of previous law to cover molestation between married couples and
heterosexual cohabitants, former spouses or cohabitants, and immediate
and extended family members. The revised law provides better protection
for victims under age 18, allowing them to apply for an injunction in
their own right, with the assistance of an adult guardian, against
molestation by their parents, siblings, and specified immediate and
extended family members. The 2008 law also empowers the court to
require the abuser to attend an antiviolence program. In cases in which
the abuser caused bodily harm, the court may attach an authorization of
arrest to an existing injunction, and both injunctions and
authorizations for arrest can be extended to two years.
The Government maintained programs that provide intervention and
counseling to batterers. There were eight integrated family service
centers and family and child protective services units, which offered
services to domestic violence victims and batterers. The Government
also continued its public information campaign to strengthen families
and combat violence and increased public education on the prevention of
domestic violence. In March the director of social welfare announced
that the Government would increase spending on services to victims of
domestic violence with a HK$5 million ($643,000) grant to the social
service NGO Po Leung Kuk to provide support to victims.
The SDO prohibits sexual harassment or discrimination on the basis
of sex, marital status, and pregnancy. The law applies to both males
and females. The SDO also provides for the establishment of the EOC to
work towards the elimination of discrimination and harassment as well
as to promote equal opportunity between men and women. As of September
30, the EOC had received 230 new complaints and handled 351 complaints
(including complaints carried forward from the previous year) under the
SDO.
In March EOC commissioner Lam Woon-kwong declared to the media that
he was concerned about instances of pregnant women being unfairly
dismissed from their jobs. He indicated there were approximately 150
such cases a year reported under the SDO, with 170 cases reported in
2009.
Couples and individuals had the right to decide the number,
spacing, and timing of children and had the information and means to do
so free from discrimination, coercion, and violence. Access to
information on contraception, skilled attendance at delivery, and
prenatal and postpartum care were widely available. According to the
SAR Department of Health, the maternal mortality rate in 2009 was 2.4
deaths per 100,000 births. Women and men were given equal access to
diagnostic services and treatment for sexually transmitted infections,
including HIV.
As of March 31, women filled 32 to 35 percent of the civil service
at all ranks. Women made up 66 percent of the LegCo Secretariat
workforce and 54 percent of the senior ``directorate'' ranks. Twenty-
two percent of the judges and judicial officers were women, although
none sat on the bench of the Court of Final Appeal.
In June the Government raised its gender benchmark for
participation by women in advisory and statutory bodies from 25 to 30
percent. However, activists and legislators complained that women
remained underrepresented, with 40 such bodies having no government-
appointed female members at all.
While the law treats men and women equally in terms of property
rights in divorce settlements and inheritance matters, in practice
women faced discrimination in employment, salary, welfare, inheritance,
and promotion. Women reportedly formed the majority of the working poor
and those who fall outside the protection of labor laws.
There was a Women's Commission that served as an advisory body for
policy making, and a number of NGOs were active in raising problems of
societal attitudes and discrimination against women.

Children.--All Chinese nationals born in Hong Kong or abroad to
parents, of whom at least one is a PRC national Hong Kong permanent
resident, acquire both PRC citizenship and Hong Kong permanent
residence, the latter of which allows right of abode in the SAR.
Children born in Hong Kong to non-Chinese parents, at least one of whom
is a permanent resident, acquire permanent residence and qualify to
apply for naturalization as PRC citizens. Registration of all such
statuses was routine.
From January to June, there were 832 cases of crimes against
children reported to police: 325 involved physical abuse (referring to
victims younger than 14 years of age), and 507 involved sexual abuse
(referring to victims younger than 17 years of age). The Domestic
Violence Ordinance mandates protection for victims of acts of child
abuse such as battery, assault, neglect, abandonment, and sexual
exploitation, and the Government enforced the law. Section 153P of the
Crimes Ordinance allows for prosecution of certain sexual offenses,
included those against minors that are committed outside the territory
of the SAR.
The Government provided parent education programs, including
instruction on child abuse prevention, in all 50 of the Department of
Health's maternal and child health centers. It also provided public
education programs to raise awareness of child abuse and alert children
about how to protect themselves. The Social Welfare Department provided
child psychologists for its clinical psychology units and social
workers for its family and child protective services units. The police
maintained a child abuse investigation unit and a child witness support
program. A law on child-care centers helped prevent unsuitable persons
from providing child-care services.
The media reported on a growing number of boys engaged in
``compensated dating,'' which was already a concern among minor girls.
The majority of cases involved teenage girls, both above and below the
age of consent, who advertised escort services that might include sex,
either to support themselves or for extra pocket money. Some women and
girls involved in the trade reported being beaten or abused by clients.
In response to this trend, police continued monitoring Internet chat
rooms and Web sites used by both individuals and syndicates to
advertise services, with officers assigned to gather evidence against
the operations and determine the techniques used by syndicates to
recruit the girls.
In September police arrested 19 adults and minors involved in
luring teens and others into the sex trade through the Internet, in
some cases forcing the victims into prostitution.
The legal age of consent for heterosexuals is 16. Under the Crimes
Ordinance, a person having ``unlawful sexual intercourse'' with a
victim under 16 is subject to five years' imprisonment, while having
unlawful sexual intercourse with a victim under 13 results in
imprisonment for life.
The Prevention of Child Pornography Ordinance makes it an
imprisonable offense to possess, produce, copy, import, or export
pornography involving a child under 18 years of age, or to publish or
cause to be published any advertisement that conveys or is likely to be
understood as conveying the message that any person has published,
publishes, or intends to publish any child pornography. The penalty for
creation, publication, or advertisement of child pornography is eight
years' imprisonment, while possession carries a penalty of five years'
imprisonment.
The SAR is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html as well as
country-specific information at http://travel.state.gov/abduction/
country/country--3781.html.

Anti-Semitism.--There were no reports of anti-Semitic acts against
the small Jewish community during the year.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities in employment, access to health care, or the provision of
other state services, and the Government effectively enforced these
provisions. The Government effectively implemented laws and programs to
ensure that persons with disabilities have access to buildings,
information, and communications.
The Social Welfare Department, directly or in coordination with
NGOs and employers, provided a range of services and training to assist
persons with disabilities in finding work commensurate with their
abilities. As of March a total of 15,158 persons were participating in
these various programs.
As of March the Government employed 3,316 civil servants with
disabilities, including 17 at the senior directorate grade, in a total
workforce of 156,573. Persons with disabilities filled 2 percent of
LegCo Secretariat positions, 1 percent of judicial positions, and 2
percent of nonjudicial positions in the judiciary.
Instances of discrimination against persons with disabilities
persisted in employment, education, and the provision of some public
services. The Disability Discrimination Ordinance calls for improved
building access and sanctions against those who discriminate. As of
September 30, the EOC had received 396 complaints under the ordinance
and handled 560 cases (including cases carried over from the previous
year).
Despite inspections and the occasional closure of noncompliant
businesses under the Buildings Ordinance, access to public buildings
(including public schools) and transportation remained a serious
problem for persons with disabilities.
On September 9, EOC commissioner Lam Woon-kwong called on the
Government to lead the way in addressing access for people with
disabilities. He cited an EOC study of 60 government buildings that he
contended ``were doing a far from satisfactory job'' in providing
barrier-free facilities. He specifically cited the lack of access for
persons with disabilities at 15 percent of polling stations used in the
LegCo by-election. He also criticized one of Hong Kong's largest owners
of shopping centers and carparks for failing to address access issues.
The media, legislators, and activists championed the cause of
injured worker Lee Shing-leung, who lost his leg in an industrial
accident in 2007. Because the Government ruled he was only ``60 percent
disabled,'' Lee did not qualify for a disability allowance. On
September 20, the High Court ruled against Lee in a judicial review,
but the judge expressed sympathy for his case and urged greater
flexibility in the welfare system.

National/Racial/Ethnic Minorities.--Although 95 percent ethnic
Chinese, the SAR is a multiethnic society with persons from a number of
ethnic groups recognized as permanent residents with full rights under
the law. Discrimination based on race is prohibited by law, and the EOC
oversees implementation and enforcement of the 2008 Race Discrimination
Ordinance. The Race Relations Unit, which is subordinate to the
Constitutional and Mainland Affairs Bureau, served as secretariat to
the Committee on the Promotion of Racial Harmony and implemented the
committee's programs. The unit also maintained a hotline for inquiries
and complaints concerning racial discrimination.
The Race Discrimination Ordinance and various implementing
regulations entered into force in July 2009, when the EOC was empowered
to handle complaints. The code of practice (along with selected other
EOC materials) was available in Hindi, Thai, Urdu, Nepali, Indonesian,
and Tagalog in addition to Chinese and English. Between July 2009 (when
the ordinance entered into force) and September 30, the EOC received 63
complaints and handled 73 cases.
The Constitutional and Mainland Affairs Bureau sponsored a cross-
cultural learning program for non-Chinese speaking youth through grants
to NGOs.
The Government had a policy to integrate non-Chinese students into
the regular education system. The Government also provided a special
grant for designated schools with a critical mass of non-Chinese
students to develop their own programs and to share best practices with
other schools, as well as to develop supplementary curriculum materials
and to set up the Chinese-language support centers to provide after-
school programs. However, activists expressed concern that there was no
formal government-provided course to prepare students for the General
Certificate for Secondary Education exam in Chinese, a passing grade
from which is required for most civil service employment.
Beginning in 2009 the Government provided HK$8 million ($1 million)
to sponsor NGOs to set up four support service centers that teach
ethnic minority groups special skills, including English and Cantonese,
and HK$16 million ($2 million) per year to fund their annual operating
costs.
In January the media reported cases of ethnic Pakistanis with Hong
Kong residency attempting to open personal accounts but faced
difficulties or refusals from banks on grounds that they were from a
``third world'' or ``terrorist'' country. The Hong Kong Monetary
Authority deputy chief executive declared that the entity had advised
all banks to review their existing policies and procedures to ensure
compliance with the Race Discrimination Ordinance.
In May the media reported that an ethnic minority applicant to the
police force who, in addition to being able to speak English and three
South Asian languages, had a A* grade in Chinese in the officially
recognized British General Certificate of Secondary Education, was
rejected for inadequate ability in Chinese. In August the media
reported that parents of an ethnic South Asian student with straight A
grades in preschool was denied a place at a school after being given
zero marks in a Chinese assessment. The student, who had been
instructed in spoken and written Chinese in preschool and scored 85
percent on a comparable test, was reportedly not asked any Chinese-
related questions at his entry assessment. The family reported that the
Education Bureau failed to take action on their complaint and took the
case to the EOC.
In June the respected minority-rights advocacy NGO Unison reported
racist statements and threats of physical violence posted on line and
in e-mail messages following Unison's support of the family of Dil
Bahadur Limbu, who was killed during an altercation with police in 2009
(see section 1.a.). The EOC responded by warning bloggers and Internet
service providers that they might incur liability under the Race
Discrimination Ordinance if they allowed the posting of such comments.
The EOC also requested the names of individuals posting such comments
or sending hate e-mails. The posts were removed, and the overall case
was moved to the police for investigation as ``vilification'' under the
race discrimination ordinance. No conclusion to the investigation had
been announced by year's end.
In June the media reported that approximately 30 students and their
parents filed a complaint with the EOC over restrictions by schools
regarding varying official uniforms to suit cultural or religious
customs. Only 17 primary schools that were designated as having a
majority student population of ethnic minorities routinely allowed such
variations.
Activists reported that citizens of South Asian descent faced
discriminatory treatment and racial profiling from police on patrol,
including repeated checks of identity documents and the use of
disparaging terms for South Asians. South Asians carrying large amounts
of money were on some occasions treated as suspicious and asked to
explain the source of the money.
Activists and the Government disputed whether new immigrants from
the Mainland should be considered as a population of concern under
antidiscrimination legislation. While concerns have been raised that
new immigrants do not qualify to receive social welfare benefits until
they have resided in the SAR for seven years, the courts have upheld
this legal standard. Such immigrants can apply on a case-specific basis
for assistance.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There are no laws
criminalizing same-sex relationships. In 2005 the High Court (Court of
First Instance) ruled that maintaining an age of consent for male-male
relations at 21 rather than 16 violated the Bill of Rights Ordinance.
The Law Reform Commission continued a review of sexual offenses in
common and statute law. In the interim, enforcement of the law was in
accordance with the 2005 decision. There are no specific laws governing
age of consent for female-female relations.
The SAR does not register or recognize same-sex marriages. In
October the High Court (Court of First Instance) ruled against a
transsexual woman who sued the Government to be allowed to marry. The
woman completed gender-reassignment surgery and changed her identity
documents to ``female.'' However, since the law does not allow her to
change her birth certificate, she cannot legally marry her male
partner. The court ruled that there was insufficient evidence ``to
demonstrate a shifted societal consensus...regarding marriage to
encompass a postoperative transsexual...the court must not rush to
substitute its own judgment in place of that of...the Government or
legislature of Hong Kong.''
There were no reports of societal violence or official
discrimination based on sexual orientation. Laws on domestic violence
apply to same-sex cohabitant relationships.

Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law allows workers to form and
join independent unions of their choice without previous authorization
or excessive requirements. The law was effectively applied. Trade
unions must register under the Trade Unions Ordinance and must have a
minimum membership of seven persons for registration. At the end of
2009, there were 812 registered trade unions, consisting of 768
employee unions, 18 employers' associations, and 26 mixed organizations
of employees and employers. During the first half of the year, 10 new
unions were registered and four unions were deregistered upon request.
Government statistics indicated that, at the end of 2009, there
were 730,519 salaried employees and wage earners (totaling 22.5 percent
of the workforce) claiming affiliation with a union.
The 1997 Employment and Labor Relations (Miscellaneous Amendments)
Ordinance prohibits the use of union funds for political purposes,
requires the CE's approval before unions can contribute funds to any
trade union outside of the SAR, and restricts the appointment of
persons from outside the enterprise or sector to union executive
committees.
Work stoppages and strikes are legal. There are some restrictions
on this right for civil servants. Although there is no legislative
prohibition of strikes, in practice most workers had to sign employment
contracts that typically stated that walking off the job is a breach of
contract, which could lead to summary dismissal. In addition, there is
no legal entitlement to reinstatement in the case of unfair dismissal.
One strike, involving 35 workers, took place during the first half of
the year.

b. The Right to Organize and Bargain Collectively.--The law does
not guarantee the right to collective bargaining. According to an
International Trade Union Congress report issued during the year,
although almost 25 percent of the workforce was unionized, unions were
not strong enough to force management to engage in collective
bargaining. Thus, less than 1 percent of workers were covered by
collective agreements, and those that existed were not legally binding.
The Government did not engage in collective bargaining with civil
servants' unions, although it consulted relevant employee organizations
on compensation matters. A 2009 motion supported by union activists in
LegCo that called on the Government to promote collective bargaining
and legislate on the right to collective bargaining failed due to
opposition by the Government and business representatives.
The Workplace Consultation Promotion Unit in the Labor Department
facilitated communication, consultation, and voluntary negotiation
between employers and employees. Tripartite committees for each of the
nine sectors of the economy included representatives from some trade
unions, employers, and the Labor Department.
Antiunion discrimination did not occur in practice. However, there
is no provision guaranteeing reinstatement of workers dismissed because
of their trade union membership.
There are no export processing zones in the SAR.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor. There were concerns that some migrant
workers were lured to the SAR with false promises of employment but
then forced into prostitution. There were also concerns that some
migrant workers faced high levels of indebtedness assumed as part of
the terms of employment, creating a risk they could fall victim to debt
bondage. Some Hong Kong-licensed employment agencies are suspected of
colluding with Indonesian agencies to profit from the debt scheme. Some
Hong Kong agencies illegally confiscated passports, employment
contracts, and ATM cards of domestic workers and withheld them until
their debt had been repaid.
The SAR's Employment Ordinance mandates one 24-hour period of rest
within each seven-day period, but there were reports some employers
compelled domestic workers to work seven days a week. There also were
reports that some employers illegally forbade domestic workers to leave
the residence of work for nonwork-related reasons, effectively
preventing them from reporting exploitation to authorities. SAR
authorities actively pursued reports of such violations.
For more information, please see the Department of State's annual
Trafficking in Persons Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws to protect children from exploitation in the workplace,
and the Government effectively enforced these laws. The Employment of
Children Regulations prohibits employment of children under the age of
15 in any industrial establishment. The regulations limit work hours in
the manufacturing sector for persons 15 to 17 years of age to eight
hours per day and 48 hours per week between 7 a.m. and 7 p.m. They also
prohibit overtime in industrial establishments with employment in
dangerous trades for persons less than 18 years of age.
Children 13 and 14 years of age may work in certain nonindustrial
establishments, subject to conditions aimed at ensuring a minimum of
nine years of education and protection of their safety, health, and
welfare. The Labor Department conducted regular workplace inspections
to enforce compliance with the regulations. In contrast with 2009, no
employers were convicted of offenses involving employment of children
13 to 14 years of age without written parental consent and valid school
attendance certificates.

e. Acceptable Conditions of Work.--LegCo passed legislation
establishing a statutory minimum wage in July, and the initial hourly
rate was set at HK$28 ($3.60), to be implemented in May 2011. Domestic
workers of foreign origin have a minimum wage set under separate
legislation. In April amendments to the Employment Ordinance made it a
criminal offense, punishable by a maximum fine of HK$350,000 ($45,000)
and three years' imprisonment, to willfully default on Labor Tribunal
and Minor Employments Claims Adjudication Board awards. Some employers
provided workers with various kinds of allowances, meals, medical
treatment, and subsidized transport. Two-income households were the
norm. There are no regulations concerning working hours, paid weekly
rest, rest breaks, or compulsory overtime. Workweeks of up to 60 hours
and more were not uncommon. In his policy address during the year, the
CE stated that, having established a minimum wage, the Government would
begin consultations on maximum working hours. As of year's end, the
consultations had not begun.
Unionists alleged that workers were tricked by employers into
signing contracts that changed their terms of employment to ``self-
employed,'' and thus they were not entitled to employer-provided
benefits such as paid leave, sick leave, medical insurance, workers'
compensation, or Mandatory Provident Fund payments.
The Occupational Safety and Health Branch of the Labor Department
is responsible for safety and health promotion, enforcement of safety
management legislation, and policy formulation and implementation. The
Factories and Industrial Undertakings Ordinance, the Occupational
Safety and Health Ordinance, the Boilers and Pressure Vessels
Ordinance, and their 35 sets of subsidiary regulations regulate safety
and health conditions. During the first half of the year, the Labor
Department's Occupational Safety and Health Branch conducted 64,044
workplace inspections. There were 709 convicted summonses, resulting in
fines totaling HK$5.3 million ($687,000). In addition to prosecuting
offenses under the safety legislation, the Labor Department also issued
improvement notices requiring employers to remedy contraventions of
safety laws within a specified period and suspension notices directing
removal of imminent risks to life and limb in workplaces. During the
first half of the year, 703 improvement notices and 66 suspension
notices were served.
Although worker safety and health continued to improve, serious
problems remained, particularly in the construction industry. In the
first quarter of the year, the Labor Department reported 9,327
occupational injuries, including 2,972 classified as industrial
accidents. In the same period, there were seven fatal industrial
accidents. Employers are required under the Employee's Compensation
Ordinance to report any injuries sustained by their employees in work-
related accidents. There is no specific legal provision allowing
workers to remove themselves from dangerous work situations without
jeopardy to continued employment.
There are no laws restricting work during typhoon or rainstorm
warning signals except for a Labor Department recommendation that
employers have only essential staff come to work during certain
categories of typhoon or rainstorm warnings. Both pro-Beijing and pan-
democratic unions called for a review of protections for workers during
inclement weather, including legal protections.
The minimum wage for foreign domestic workers was HK$3,580 per
month ($460). The standard workweek was 48 hours, but many domestic
workers worked much longer hours. The standard contract law requires
employers to provide foreign domestic workers with housing, worker's
compensation insurance, travel allowances, and food or a food allowance
in addition to the minimum wage, which together provided a decent
standard of living. Foreign domestic workers can be deported if
dismissed. After leaving one employer, workers have two weeks to secure
new employment before they must leave the SAR. Activists contended this
restriction left workers vulnerable to a range of abuses from
employers. Workers who pursue complaints through legal channels may be
granted leave to remain; however, they are not able to work, leaving
them either to live from savings or to depend on charitable assistance.
Domestic workers were required to live with their employers (who do
not always provide separate accommodation for the worker), which made
it difficult to enforce maximum working hours per day or overtime.
The Government contended that the ``two-week rule'' was necessary
to maintain effective immigration control and prevent migrant workers
from overstaying and taking up unauthorized work. Regarding maximum
hours and rest periods, the Government stated that the Employment
Ordinance rules on these issues cover local and migrant workers.
However, in its explanation of why live-in domestic helpers (both local
and foreign) would not be covered by the statutory minimum wage, the
Government explained that ``the distinctive working pattern--round-the-
clock presence, provision of service-on-demand, and the multifarious
domestic duties expected of live-in domestic workers--makes it
impossible to ascertain the actual hours worked so as to determine the
wages to be paid.''
During the first six months of the year, four employers were
convicted for labor law mistreatment violations under the Employment
Ordinance relating to the employment of foreign domestic workers.
During the first seven months of the year, 97 foreign domestic workers
filed criminal suits, 42 of which were against employers, for
maltreatment including rape (one), indecent assault (10), and injury
and serious assault (31).
______

macau
Macau, with a population of approximately 544,600, is a Special
Administrative Region (SAR) of the People's Republic of China (PRC) and
enjoys a high degree of autonomy, except in defense and foreign
affairs, under the SAR's constitution (the Basic Law). Chief Executive
Fernando Chui Sai-on, who took office in December 2009, headed the
Government after being elected in July 2009 by a 300-member commission.
Security forces reported to civilian authorities.
The following human rights problems were reported: limits on
citizens' ability to change their government and lack of progress in
prosecuting cases of trafficking in persons. National security
legislation, passed in 2009 in accordance with article 23 of the Basic
Law, remained a source of concern, but by year's end no cases had been
brought under the law.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and the Government
generally respected these rights.
During the first six months of the year, there were 20 complaints
of police mistreatment; three were referred as criminal cases, two
resulted in disciplinary proceedings, six were pending investigation,
and nine were dismissed for lack of evidence or not pursued.

Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, and the
Government permitted monitoring visits by independent human rights
observers. No such visits were made during the year. Judges and
prosecutors made monthly visits to prisons to hear complaints from the
prisoners.
The SAR has a maximum prison capacity of 1,323 persons; the
occupancy rate was approximately 71 percent during the year. The age of
criminal responsibility is 16. The total prison population for persons
of this age and above for the first half of the year was 136 female and
784 male inmates. Offenders between the ages of 12 and 16 were subject
to an ``education regime'' under the Institute of Minors (IM), which
could include incarceration depending on the offense. Between January
2009 and June 2010, there were 29 boys and six girls in IM programs, of
whom 28 boys and six girls were incarcerated. IM programs involved
educational and vocational training programs, for which the youths
received normal educational reports (i.e., their participation in an IM
program was not part of their academic record).

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the Public Security Police (general
law enforcement) and Judiciary Police (criminal investigations), and
the Government has effective mechanisms to investigate and punish abuse
and corruption. There were no reports of impunity involving the
security forces during the year.

Arrest Procedures and Treatment While in Detention.--Persons were
apprehended openly with warrants based on sufficient evidence and
issued by a duly authorized official. Detainees were allowed access to
a lawyer of their choice or, if indigent, to one provided by the
Government. Detainees also were allowed prompt access to family
members. Police must present persons in custody to an examining judge
within 48 hours of detention. The examining judge, who conducts a
pretrial inquiry in criminal cases, has a wide range of powers to
collect evidence, order or dismiss indictments, and determine whether
to release detained persons. The law provides that cases must come to
trial within six months of an indictment. The criminal procedure code
mandates that pretrial detention is limited to between six months to
three years, depending on the charges and progress of the judicial
system. Judges often refused bail in cases where sentences could exceed
three years.

e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice. The courts may rule on matters that are ``the
responsibility of the PRC government or concern the relationship
between the central authorities and the SAR,'' but before making their
final judgment, which is not subject to appeal, the courts must seek an
interpretation of relevant provisions from the National People's
Congress (NPC) Standing Committee. When the Standing Committee makes an
interpretation of the provisions concerned, the courts, in applying
those provisions, ``shall follow the interpretation of the Standing
Committee.''
Both Portuguese and Chinese are official languages. The need to
translate laws and judgments into Chinese and Portuguese and a shortage
of local bilingual lawyers and magistrates hampered the development of
the legal system. There also was a severe shortage of judges.

Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right.
Defendants enjoy a presumption of innocence and have access to
government-held evidence relevant to their cases and a right to appeal.
Trials are public and are by jury except at the magistrate-court level.
Defendants have the right to be present at their trials and to confront
witnesses. They also have the right to consult with an attorney in a
timely manner; public attorneys are provided for those who are
financially incapable of engaging lawyers or paying expenses of
proceedings. The law extends these rights to all residents.
The judiciary provides citizens with a fair and efficient judicial
process; however, due to an overloaded court system, a period of up to
a year often passed between filing a civil case and its scheduled
hearing.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary for civil matters, and citizens have access to
a court to bring lawsuits seeking damages for, or cessation of, a human
rights violation.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice. Activists and a
local prodemocracy political party complained in the media that they
were subjected to heightened surveillance during the November visit of
PRC premier Wen Jiabao, including the police warning some activists not
to attend certain events. The Public Security Police denied the
allegations.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
rights in practice.
The Law on Safeguarding National Security, which entered into force
in February 2009, criminalizes both committing and ``acts in
preparation'' to commit, treason, secession, subversion of the PRC
government, and theft of state secrets. The crimes of treason,
secession, and subversion specify the use of violence, and the
Government stated that the law would not infringe on peaceful political
activism or media freedom.
Activists and some legislators expressed concern about the
vagueness of the term ``acts in preparation,'' which they saw as
possibly criminalizing a broad range of activities. Activists and some
legislators also were concerned about the use of ``prying into'' to
define one type of illegally acquiring state secrets and the lack of an
explicit ``public interest defense'' for journalists publishing
classified information. In addition, there was concern that the PRC's
broad definitions of state secrets, as well as its ability
retroactively to declare formerly unclassified material to be secret,
would affect enforcement of the law. As of year's end, no one had been
charged with a crime under the law.
The independent media were active and expressed a wide variety of
views without restriction, and international media operated freely.
Major newspapers were heavily subsidized by the Government and tended
to closely follow the PRC government's policy on sensitive political
issues, such as Taiwan; however, they reported freely on the SAR
government, including reports critical of the Government.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly, and the Government
generally respected this right in practice. The law requires prior
notification, but not approval, of demonstrations. In cases in which
authorities tried to restrict access to public venues for
demonstrations or other public events, the courts generally ruled on
the side of the applicants. Police may redirect march routes, and
organizers had the right to challenge such decisions in court.
On May 1, protesters representing a range of labor and other
problems clashed violently with police. Activists ascribed the clash to
a police ruling that the protesters could not use one of the main
thoroughfares, claiming the prohibition was made too late for the
groups to be able to challenge it in court. Marchers chose to use their
original route, resulting in the conflict. Police used water cannons,
pepper spray, and batons to disperse the marchers; some protesters
resisted by using bamboo scaffolding and other materials to attack
police. A total of 41 persons were reported injured, including 32
police officers and two journalists.
Activists reported that more than 500 participants took part in the
annual candlelight vigil commemorating June 4 (the date of the 1989
Tiananmen Square massacre), the largest turnout since the 1999 handover
and an increase over the 300 who attended the 20th anniversary in 2009.
However, activists were denied access to all but one of the eight
locations where they had displayed banners regarding the incident in
previous years. The Civil and Municipal Affairs Bureau declared that it
sent a letter to event organizers, the Union for the Democratic
Development of Macau, declaring that four of the venues were ``not
suitable for banners'' and three had been reserved for other purposes;
organizers told the media they had not received the letter.
In September there were media reports that an internal document
circulating within the Security Bureau proposed limiting protests on
public order grounds. The topic was widely covered and criticized in
the media, leading the Security Bureau to issue a statement claiming
the document was an examination of the existing legal regime (as
opposed to proposals for new laws) and that the Government respected
the rights of assembly and demonstration.
Labor protesters marching on October 1 (PRC National Day) generally
accepted a police recommendation to alter their routes from one of the
main thoroughfares, although the marches concluded at Government House
as originally planned. The marches, involving a total of a few hundred
participants, occurred without incident.

Freedom of Association.--The Basic Law and the civil code provide
for freedom of association. No authorization is required to form an
association, and the only restriction is that the organization not
promote violence, crime, or disruption of public order.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

Protection of Refugees.--The law provides for the granting of
asylum or refugee status in accordance with the 1951 Convention
relating to the Status of Refugees and its 1967 Protocol, and the
Government has established a system for providing protection to
refugees. In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion. Persons granted status enjoyed the same rights as other SAR
residents, while persons with pending applications were eligible to
receive government support, including basic needs, medical care, and
education for children.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law limits citizens' ability to change their government. Only a
small fraction of citizens play a role in the selection of the chief
executive (CE). The head of government is chosen by a 300-member
Election Committee, consisting of 254 members elected from four broad
societal sectors (which have a limited franchise) and 46 members chosen
from among the SAR's legislators and representatives to the NPC and
Chinese People's Political Consultative Congress.

Elections and Political Participation.--In June 2009, following
discussions within the sectors and their subordinate units responsible
for selecting the Election Committee, exactly 254 candidates were
nominated, thus constituting the committee without an election. By
virtue of securing 286 of the 300 nominating votes, and thus precluding
any other candidate from winning the 50 nominations required to stand
for election, former secretary for social affairs and culture Fernando
Chui Sai-on ran unopposed for CE. In July 2009 he received 282 votes
from the Election Committee; he took office in December 2009.
In September 2009 the SAR also elected parts of its 29-member
Legislative Assembly. Sixteen electoral ``slates'' representing 123
candidates (the SAR does not have formal political parties for
elections, and candidates form ad hoc rosters to contest elections)
competed for the 12 directly elected seats. The election, open to all
registered SAR residents, was considered generally free and fair. Ten
indirectly elected legislators were returned uncontested after internal
consultation among the four broad sectors that elect these seats. Seven
seats were filled by CE appointment.
There are limits on the types of legislation that legislators may
introduce. The law stipulates that legislators may not initiate
legislation related to public expenditure, the SAR's political
structure, or the operation of the Government. Proposed legislation
related to government policies must receive the CE's written approval
before it is submitted. The legislature also has no power of
confirmation over executive or judicial appointments.
A 10-member Executive Council functions as an unofficial cabinet,
approving draft legislation before it is presented in the Legislative
Assembly. The Basic Law stipulates that the CE appoint members of the
SAR Executive Council from among the principal officials of the
executive authorities, members of the legislature, and public figures.
There were no registered political parties; politically active
groups registered as societies or companies. These groups were active
in promoting their political agendas, and those critical of the
Government did not face restrictions. Such groups participated in
protests over government policies or proposed legislation without
restriction.
There were four women in the 29-member Legislative Assembly. Women
also held a number of senior positions throughout the Government,
including the Secretary for justice and administration, the second-
highest official in the SAR government. Fourteen of the SAR's 29 judges
were women. Women made up more than 41 percent of the senior-level
executive, 48 percent of the judicial, and 100 percent of the senior
legislative staff (i.e., not including legislators) work forces. There
were three members of ethnic minorities in the Legislative Assembly.
One Executive Council member was from an ethnic minority, as was the
police commissioner.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, there were instances of officials engaging in corruption.
The Commission against Corruption (CCAC) investigated the public
and private sectors and had the power to arrest and detain suspects.
Initially chartered only to handle public-sector corruption, in March
the CACC gained competence over private-sector corruption under the
Prevention and Suppression of Bribery in the Private Sector Law of
2009. The Ombudsman Bureau within the CCAC reviewed complaints of
maladministration or abuse by the CCAC. There was also an independent
committee outside the CCAC, called the Monitoring Committee on
Discipline of CCAC Personnel, which accepted and reviewed complaints
about CCAC personnel.
By law the CE, his cabinet, judges, members of the Legislative
Assembly and Executive Council, and executive agency directors are
required to disclose their financial interests upon appointment,
promotion, and retirement, and at five-year intervals while in the same
position.
The law does not provide for public access to government
information. However, the executive branch published online, in both
Portuguese and Chinese, extensive information on laws, regulations,
ordinances, government policies and procedures, and biographies of
government officials. The Government also issued a daily press release
on topics of public concern. The information provided by the
legislature was less extensive.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international groups monitoring human
rights generally operated without government restriction, investigating
and publishing their findings on human rights cases. Government
officials often were cooperative and responsive to their views.
The Government sent delegations to join the PRC delegation at UN
human rights fora throughout the year. The Government also cooperated
with diplomatic missions in researching human rights matters.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law stipulates that residents shall be free from discrimination
based on race, gender, disability, language, or social status, and many
laws carry specific prohibitions against discrimination; the Government
effectively enforced the law.

Women.--The law criminalizes rape, including spousal rape, and the
Government effectively enforced the law. In the first half of the year,
there were 12 rape investigations opened by prosecutors, four of which
had gone to indictment by midyear. The police and courts acted promptly
on rape cases.
Although there is not a specific law on domestic violence, laws
that criminalize the relevant behaviors, including ``ill-treatment of
minors or spouses,'' were used by the Government effectively to
prosecute domestic violence. However, various nongovernmental
organizations (NGOs) and government officials considered domestic
violence against women to be a growing problem. In the case of spousal
abuse or violence against minors, the penalty is two to eight years'
imprisonment; if the abuse leads to the death of the victim, the
penalty is five to 15 years. In the first half of the year, 189 cases
of crimes related to domestic violence were reported to police.
The Government made referrals for victims to receive medical
treatment, and medical social workers counseled victims and informed
them of social welfare services. The Government funded NGOs to provide
victim support services, including housing, until their complaints were
resolved. The Government also supported two 24-hour hotlines, one for
counseling and the other for reporting domestic violence cases.
NGOs and religious groups sponsored programs for victims of
domestic violence, and the Government supported and helped to fund
these organizations and programs. The Bureau for Family Action, a
government organization subordinate to the Department of Family and
Community of the Social Welfare Institute, helped female victims of
domestic violence by providing a safe place for them and their children
and advice regarding legal actions against perpetrators. A range of
counseling services was available to persons who requested them at
social centers. Two government-supported religious programs also
offered rehabilitation programs for female victims of violence.
There is no law specifically addressing sexual harassment,
excepting the use of a position of authority to coerce performance of
physical acts. Harassment in general is prohibited under laws governing
equal opportunity, employment and labor rights, and labor relations.
Between January and June, one complaint of gender discrimination was
filed with the Labor Affairs Bureau but was later withdrawn.
Couples and individuals had the right to decide the number,
spacing, and timing of their children and had the information and means
to do so free from discrimination or coercion. Access to contraception,
prenatal care, and skilled attendance at delivery and in postpartum
care were widely available. According to the World Health Organization,
in 2009 the maternal mortality rate was zero. Women and men were given
equal access to diagnostic services and treatment for sexually
transmitted infections, including HIV.
Equal opportunity legislation mandates that women receive equal pay
for equal work; however, observers estimated that there was a
significant difference in salary between men and women, particularly in
unskilled jobs. The law allows for civil suits, but few women took
their cases to the Labor Affairs Bureau or other entities.
Discrimination in hiring practices based on gender or physical ability
is prohibited by law, and penalties exist for employers who violate
these guidelines.

Children.--In accordance with the Basic Law, children of Chinese
national residents of Macau born in or outside the SAR and children
born to non-Chinese national permanent residents inside the SAR are
regarded as permanent residents. There is no differentiation between
these categories in terms of access to registration of birth. The
Government protected the rights and welfare of children through the
general framework of civil and political rights legislation that
protects all citizens.
The law specifically provides for criminal punishment for sexual
abuse of children and students, statutory rape, and procurement
involving minors. The criminal code sets 14 as the age of sexual
consent and 16 as the age for participation in the legal sex trade.
Child pornography is prohibited by law.
The SAR is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance with the convention at http://
travel.state.gov/abduction/resources/congressreport/congressreport--
4308.html as well as country-specific information at http://
travel.state.gov/abduction/country/country--3781.html.

Anti-Semitism.--The Jewish population was extremely small, and
there were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There are no laws
criminalizing any sexual orientation, and no prohibition against
lesbian, gay, bisexual, or transgender persons forming organizations or
associations. There were no reports of violence against persons based
on their sexual orientation.

Other Societal Violence or Discrimination.--The law prohibits
discrimination against persons with HIV/AIDS and limits the number of
required disclosures of an individual's HIV status. Employees outside
medical fields are not required to declare their status to employers.
There were anecdotal reports that persons whose status became known, as
well as organizations supporting them, faced some forms of
discrimination. There were no reported incidents of violence against
persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law, including article 27 of the
Basic Law, provides for the right of workers to form and join unions or
``labor associations'' of their choice without previous authorization
or excessive requirements, and the Government generally respected this
right in practice. There is no law specifically defining the status and
function of labor unions, nor are employers compelled to negotiate with
them. While there are no legal restrictions preventing companies from
refusing to hire union workers, union membership is not a legitimate
basis for dismissal under the Law on Labor Relations.
Workers in certain professions, such as the security forces, are
forbidden to form unions, take part in protests, or strike. Such groups
had organizations that provided welfare and other services to members
and that could speak to the Government on behalf of their members.
Under article 27 of the Basic Law, workers have the right to
strike, but there is no specific protection in the law from retribution
if workers exercised this right. The Government argued that striking
employees are protected from retaliation by labor law provisions, which
require an employer to have ``justified cause'' to dismiss an employee.
In contrast with 2009, there were no reports that the Government failed
to enforce these provisions during the year. Strikes, rallies, and
demonstrations were not permitted in the vicinity of the CE's office,
the Legislative Assembly, and other key government buildings, although
in practice some protests occurred near government headquarters.
Workers who believed they were dismissed unlawfully may bring a
case to court or lodge a complaint with the Labor Department or the
Office of the High Commissioner against Corruption and Administrative
Illegality, which also functions as ombudsman. However, migrant workers
have no right to such recourse.

b. The Right to Organize and Bargain Collectively.--The law
provides that agreements concluded between employers and workers shall
be valid, but there is no specific statutory protection that provides
for the right to collective bargaining. In practice companies often
negotiated with unions, although the Government often acted as an
intermediary. Pro-PRC unions traditionally have not attempted to engage
in collective bargaining. Migrant workers and public servants do not
have the right to bargain collectively.
The law prohibits antiunion discrimination and employer
interference in union functions, and the law was enforced in practice.
However, the Union for Democracy Development Macau expressed concern
that the law contains no explicit provisions that bar discrimination
against unions.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, and there were no reports that such
practices occurred. Also see the Department of State's annual
Trafficking in Persons Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits minors under the age of 16 from working, although minors
between the ages of 14 and 16 can be authorized to work on an
``exceptional basis.'' Some children reportedly worked in family-
operated or small businesses. Local laws do not establish specific
regulations governing the number of hours these children can work, but
International Labor Organization conventions were applied. The Labor
Department enforced the law through periodic and targeted inspections,
and violators were prosecuted.

e. Acceptable Conditions of Work.--Local labor laws establish the
general principle of fair wages and mandate compliance with wage
agreements. There is no mandatory minimum wage, except for government-
outsourced security guards and cleaners. Average wages provided a
decent standard of living for a worker and family. The law also sets
maximum hours, rest days, statutory holidays, and premium pay rules.
Article 70 of the 2008 Labor Relations Law allows employers to dismiss
staff ``without just cause'' provided that economic compensation,
indexed to the employee's length of service, is paid.
Local customs normally favored employment without the benefit of
written labor contracts, except in the case of migrant workers, who
were issued short-term contracts. Labor groups reported that employers
increasingly used temporary contracts to circumvent obligations to pay
for workers' benefits, such as pensions, sick leave, and paid holidays.
The short-term nature of the contracts also made it easier to dismiss
workers by means of nonrenewal.
Labor legislation provides for a 48-hour workweek, an eight-hour
workday, paid overtime, annual leave, and medical and maternity care.
Although the law provides for a 24-hour rest period each week, workers
frequently agreed to work overtime to compensate for low wages. The
Labor Department provided assistance and legal advice to workers upon
request.
The Labor Department enforced occupational safety and health
regulations, and failure to correct infractions could lead to
prosecution. Although the law includes a requirement that employers
provide a safe working environment, no explicit provisions protect
employees' right to continued employment if they refused to work under
dangerous conditions.
Local migrant worker associations and the International Labor
Organization expressed concern about the Law on the Employment of
Nonresident Workers, which requires foreign workers who left their jobs
for any cause not held to be ``just,'' to depart the SAR for six
months. Labor officials stated that the law, meant to deter ``job
hopping'' by migrant workers, was implemented only if the worker could
not demonstrate just cause for wishing to terminate the contract
himself (such as abuse, nonpayment of wages, and contract violation) or
if the employer dismissed the worker after three days' unauthorized
absence (in accordance with the labor law). However, the lack of
coordination between the Labor Affairs Bureau, which handled
complaints, and the Immigration Department, which granted or withdrew
permission for migrant workers to remain in the SAR, meant that workers
filing complaints could be dismissed from their positions, lose their
immigration status, and be forced to depart prior to the resolution of
their complaints. While the Government noted that workers under such
circumstances could apply for special extensions to remain, Labor
Affairs Bureau director Shun Ka Hung was quoted in the media as stating
that dissatisfied workers ``can always go back to their homeland to
find another job.''

__________

FIJI

Fiji, with a population of approximately 837,000, is a republic
under a 1997 constitution that provided for a ceremonial president
selected by the Great Council of Chiefs and an elected prime minister
and Parliament. However, in April 2009 the interim government headed by
armed forces commander Commodore Josaia Voreqe (Frank) Bainimarama
abrogated the constitution, imposed a state of emergency, and continued
its rule by decree, a situation that remained at year's end. The
abrogation followed a bloodless coup d'etat in late 2006 in which
Bainamarama overthrew the elected government and dissolved Parliament.
In 2007 the interim military government was replaced by a nominally
civilian interim government headed by Bainimarama as prime minister.
Public Emergency Regulations (PER) promulgated in April 2009 remained
in effect at year's end. Security forces did not report to civilian
authorities.
The Government denied citizens the right to change their government
peacefully. The Government dismissed the entire judiciary in 2009 and
replaced it with its own appointees. In July the Government implemented
a media decree that continued censorship and intimidation of the media.
Other continuing human rights problems included police and military
impunity, poor prison conditions, restrictions on freedom of speech and
peaceful assembly, prosecution and deportation of regime critics and
human rights activists, attacks against religious facilities, the
dismissal of constitutionally appointed government officials,
government corruption, deep ethnic division, violence and
discrimination against women, and sexual exploitation of children.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings during the year.
By year's end there had been no investigation of the 2008 death in
custody of Josefa Baleiloa.
In February the Court of Appeal upheld a previous High Court
decision that ordered the military to pay F$45,000 (approximately
$22,500) in general damages for pain and suffering and F$18,000
(approximately $9,000) in ``exemplary damages'' to the family of
convicted criminal Taito Navualaba, who died from a beating by security
forces in 2000. The court held that since Navualaba had voluntarily
surrendered to police and soldiers, their assault on him could not be
justified under emergency powers then in effect, as the Government had
asserted. However, the military did not pay the damages because in
April the Government issued a decree extending immunity to the military
and the national police against criminal charges or civil liability
suits relating to their role in the 2000 and 2006 coups and the 2009
abrogation of the constitution (see section 1.d.). The effect of the
decree was to nullify the legal basis for the lawsuit.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--While the abrogated constitution prohibits such practices,
the security forces did not always respect this prohibition in
practice. The PER authorize the Government to use whatever force is
deemed necessary to enforce PER provisions.
Throughout the year various persons detained by police accused
police of beating them to obtain confessions. Lawyers reported to the
courts cases in which their accused clients allegedly had been beaten
by police during questioning. For example, in January defense counsel
for five persons arrested on murder charges earlier that month told the
High Court that two of their clients were assaulted by police officers
while in custody.
By year's end there had been no investigation into allegations that
security forces beat politician Iliesa Duvuloco and several other men
detained in April 2009 for distributing political pamphlets critical of
the Government.

Prison and Detention Center Conditions.--Prison conditions did not
meet international standards. The national prison system was seriously
underfunded and overcrowded, with deteriorating infrastructure and
complaints about delivery of essential services. The system had
insufficient beds, inadequate sanitation, and a shortage of basic
necessities. The pretrial detention facility at Suva's prison remained
closed due to its substandard condition.
There were approximately 1,100 inmates in the country's 14 prisons.
The number of pretrial detainees continued to rise, in part because,
unlike in previous years, during the year the courts generally refused
to grant bail. Numbers of pretrial detainees held at various prison
facilities exceeded capacity. A June 14 report in the Fiji Sun
newspaper stated that there were 273 pretrial detainees in custody
around the country, while there was capacity for only 73 in the system.
According to the report, 83 of the detainees were held in Lautoka
Prison, which had capacity for only 18; seven in Ba Prison, which had
capacity for eight; 17 in Labasa Prison, which had capacity for 12; 159
in Suva's Korovou Prison, which had capacity for 30; and seven in the
women's prison in Suva, which had capacity for five. During the year
authorities began to hold pretrial detainees in Naboro Prison as well
due to the lack of adequate capacity at Korovou Prison.
In some cases pretrial detainees and convicted prisoners were held
together.
Prisoners and detainees were permitted reasonable access to
visitors, including family members, and religious observance. The
Prisons Act allows prisoners to submit complaints to judicial
authorities, but the Government reviews all prisoner letters and has
the authority to seize them. Authorities did not investigate or
document in a publicly accessible manner credible allegations of
inhumane conditions.
The Government permitted prison monitoring visits by independent
human rights observers. During the year the International Committee of
the Red Cross (ICRC) visited official detention facilities and
interviewed inmates; such visits were permitted without third parties
present.
Although the Ombudsman Act authorizes the ombudsman to investigate
maladministration in government departments, decreases in the staffing
and budget levels for the Ombudsman's Office since the 2009 coup
greatly reduced its capacity to carry out its statutory duties, which
in previous years included investigating allegations of prisoner abuse
or neglect, overcrowding, and recordkeeping problems.
Some prison improvements were made during the year. The Prison
Service began installing new cameras in prisons to improve security. In
July the prisons commissioner, Brigadier General Iowane Naivalurua,
carried out an audit of the standard operating procedures of the Prison
Service to align them with the provisions of the 2006 Prisons and
Corrections Act, which incorporates international minimum standards for
prison conditions as the minimum standards for the country's prisons.
Programs to build skills and generate income for prison inmates
were augmented during the year. The commissioner established a
commercial arm of the Prison Service, which ran various farms that sold
at commercial prices to the public and paid inmates for their labor.
Male prisoners participated in farming and bakery operations, while the
one women's prison in Suva had a program for producing handicrafts and
clothing. As part of rehabilitation efforts, the commissioner
established a trial creative arts program, including an exhibition of
prisoners' artwork in November. The commissioner also reached an
agreement with the Fire Authority for the training of prisoners as
firefighters as they prepared for release back into society, and
introduced a so-called ``yellow ribbon'' program, which encouraged the
public to ease the return of convicted prisoners back into the
community after their release.
In January the Government closed Lakeba Prison in Lau Province,
citing successful efforts to reduce recidivism in Lau as eliminating
the continued need for that particular facility.

d. Arbitrary Arrest or Detention.--The abrogated constitution
prohibits arbitrary arrest and detention, but the Government did not
always respect this prohibition in practice. The PER authorize security
forces to detain a person for up to seven days before bringing charges
and producing the accused in court. Various persons accused of
breaching the PER and the Public Order Act during the year were held up
to six days without charge and in some cases were not charged at all.

Role of the Police and Security Apparatus.--The Ministry of Home
Affairs, headed by the minister for defense, oversees the Fiji Police
Force, which is responsible for law enforcement and the maintenance of
internal security. Historically responsible for external security, the
Republic of Fiji Military Force (RFMF) has maintained since 2005 that
it has a broad constitutional responsibility for national security that
also extends to domestic affairs. Many constitutional scholars in the
country rejected that assertion. Under the PER soldiers are authorized
to perform the duties and functions of police and prison officers.
In September Brigadier General Iowane Naivalurua was appointed
police commissioner, while also remaining prisons commissioner. Police
maintained a network of stations and posts throughout the country.
Policing of more remote and smaller islands was done through regularly
scheduled visits. However, during the year 10 police posts were closed
due to budget constraints. There was a joint military and police
command center based at the Suva Central Police Station. Military
personnel were assigned to accompany police patrols and jointly staff
police checkpoints.
The police Professional Standards Unit is responsible for
investigating complaints of police misconduct. The Fiji Independent
Commission against Corruption (FICAC) also continued to investigate
public agencies and officials, including some members of the police and
military forces. However, impunity and corruption remained problems.
The PER provide immunity from prosecution for members of the security
forces for any deaths or injuries arising from the use of force deemed
necessary to enforce PER provisions.
On April 1, the Government promulgated the Limitation of Legal
Liability Decree for prescribed political events--the third immunity
decree issued since the 2006 coup. The decree extends immunity to the
military and the national police against criminal charges or civil
liability lawsuits relating to their roles in the 2000 and 2006
seizures of power and the 2009 abrogation of the constitution. The
decree grants absolute, unconditional, and irrevocable immunity to
Bainimarama, former president Ratu Josefa Iloilo, former caretaker
prime minister Jona Senilagakali, and members of the military and
police forces (excluding, however, the anti-Bainimarama armed forces
mutineers who supported the 2000 storming of Parliament). The decree
nullifies the grounds for lawsuits against the regime by victims of
security force violence and by the families of persons allegedly
beaten--in some cases to death--while in military custody.

Arrest Procedures and Treatment While in Detention.--By law police
officers may arrest persons without a warrant for violations of the
2010 Crimes Decree, promulgated in February, which replaced the
preexisting Penal Code. Police also arrest persons in response to
warrants issued by magistrates and judges. Under the constitution
arrested persons must be brought before a court without ``undue
delay,'' normally interpreted to mean within 24 hours, with 48 hours as
the exception. Detainees have the right to a judicial review of the
grounds for their arrest. However, these rights were not always
observed by the police and military after the constitution was
abrogated. The PER permit the Government to detain for up to seven days
without charge persons suspected of violating PER provisions.
The Bail Act gives accused persons the right to bail, unless it is
not in the interests of justice that bail be granted. There is a
presumption in favor of granting bail; however, this may be rebutted by
the prosecution if it objects to bail, and in cases where the accused
has been convicted and is appealing or has previously breached bail
conditions. Both police and the courts can grant bail; however, during
the year police refused to grant bail to persons charged with drunk
driving. During the year the courts made it more difficult for accused
persons to apply for bail, requiring this to be by motion and affidavit
that required the services of a lawyer. During the year the number of
prisoners remanded approximately doubled compared with 2009 because of
a pattern of refusal of bail by the courts. Detainees generally were
allowed prompt access to counsel and family members, but some
journalists and others detained for short periods after criticizing the
Government were denied prompt access to a lawyer.
On March 8, High Court Judge Priyantha Fernando issued a second
court order to police to allow Saimoni Rokotunidau access to his
lawyer. Rokotunidau was recruited into the police force in 2008; at the
time he was a pastor of the New Methodist Church who preached to police
and their families during the former police commissioner's ``Jesus
Crusade.'' However, he subsequently used a police vehicle to carry out
a bank robbery and was dismissed from the police in March when he was
arrested for the offense. In April he was convicted of robbery with
violence and sentenced to 12 years' imprisonment. Police had ignored an
earlier court order for Rokotunidau to access his lawyer in private.
Justice Fernando also ordered the prosecution to ascertain why
Rokotunidau's family was not allowed to visit him in detention.
The Legal Aid Commission provided counsel to some indigent
defendants in criminal cases, a service supplemented by voluntary
services from private attorneys. However, there were delays in the
provision of legal aid to some accused persons who requested
assistance, due to lack of adequate legal aid staff and resources.
On June 22, businessman Viliame Gavoka and Pastor Laione
Lutunacevamaca were charged with one count each of malicious acts
allegedly causing public alarm by spreading rumors of a tsunami
prophecy. It was alleged that between March 8 and June 16 in Nadi,
Lutunacevamaca sent out an e-mail stating that the country would be
struck by a disaster on June 23. Gavoka was charged for circulating the
e-mail. On December 13, defense lawyers applied for the charges to be
reconsidered, and the court adjourned the case for a further hearing in
February 2011.
The courts had a significant backlog of cases, worsened by the
Government's April 2009 dismissal of the existing judiciary. Processing
was slowed by, among other things, a shortage of prosecutors and
judges. As a result some defendants faced lengthy pretrial detention.

e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, but during the year the Government interfered
with judicial independence in practice.
The Administration of Justice Decree of April 2009, which
reestablished the courts, prohibits all tiers of the judiciary from
considering cases relating to the 2006 coup; all acts of the interim
government between December 4, 2006 and April 9, 2009; the abrogation
of the constitution on April 10, 2009; and all government decrees since
December 2006. The military-appointed chief registrar issued
termination certificates for all such pending cases. Women's
nongovernmental organizations (NGOs) asserted that some new magistrates
made inappropriate comments and exercised poor judgment in domestic
violence and sexual assault cases and that, because of media censorship
under the PER, the public was not informed about this conduct.
After the constitution was abrogated, the chief registrar also
assumed responsibility for prosecuting lawyers for disciplinary
breaches before a government-appointed judge. Civil-society
organizations criticized these additional duties as infringing on the
independence of the judiciary.
A February amendment to the Administration of Justice Decree
removed the courts' jurisdiction to hear challenges to decisions by the
Government on judicial restructuring, terms and conditions of
remuneration for the judiciary, and terminated court cases. Similar
clauses limiting the jurisdiction of the courts on decisions made by
the cabinet, ministers, or government departments were included in
various decrees issued throughout the year.
The Government continued to prohibit an International Bar
Association delegation from visiting the country to evaluate the
independence of the judiciary. The Government also reiterated its
refusal to allow the UN special rapporteur on the independence of
judges to visit the country for the same purpose.

Trial Procedures.--Procedures enabling a fair trial are enumerated
in the Criminal Procedure Decree, the prosecuting manual of the
Prosecutor's Office, the High Court Act, and the Magistrates' Court
Act, and were implemented by the courts in accordance with legal
precedent. The Government's judicial appointments included judges from
other British Commonwealth countries familiar with Commonwealth legal
traditions. In most cases defendants have the right to a public trial,
and the court system generally enforced this right in practice during
the year; however, the PER permit trials for violations of PER
provisions to be held in camera.
The Legal Aid Commission, supplemented by voluntary services of
private attorneys, provided free counsel to some indigent defendants in
criminal cases. Most cases were heard in the magistrates' courts. The
Crimes Decree defines which offenses may be tried in the magistrate'
courts and which must be tried in the High Court. Serious offenses,
including murder, rape, trafficking in persons, bribery, treason,
sedition, and mutiny, can only be heard in the High Court. Trials in
the High Court provide for the presence of assessors, typically three,
who are similar to jurors but only advise the presiding judge.
Defendants enjoy a presumption of innocence and may question witnesses,
present evidence on their own behalf, and access government-held
evidence relevant to their cases. The right of appeal exists but often
was hampered by delays in the process. The law extends these rights to
all citizens.
The military court system provides for the same basic rights as the
civilian court system, although bail is granted less frequently in the
military system and courts martial are seldom public.

Political Prisoners and Detainees.--There were no reports of
political prisoners or long-term political detainees. Police detained
for short periods and questioned a number of journalists and others
critical of the Government.

Civil Judicial Procedures and Remedies.--Although the law provides
for an independent and impartial judiciary in civil matters, the
judiciary is prohibited by decree from considering lawsuits relating to
the 2006 coup, subsequent actions by the interim government, the
abrogation of the constitution, and subsequent military decrees. In the
event of a human rights violation, under the constitution an individual
also could complain to the Fiji Human Rights Commission (FHRC).
Although the Government decreed that the FHRC could continue to exist
following the constitution's abrogation, under a May 2009 decree it is
prohibited from investigating cases filed by individuals and
organizations relating to the 2006 coup and the 2009 abrogation of the
constitution.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The abrogated constitution prohibits such actions, but
the Government frequently ignored these prohibitions in practice. The
PER permit military personnel to search persons and premises without a
warrant from a court, and to take photographs, fingerprints, and
measurements of any person. Police and military officers also may enter
private premises to break up any meeting considered unlawful.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The abrogated constitution
provides for freedom of speech and of the press, but the Government
generally did not respect these rights in practice. The PER give the
Government the power to detain persons on suspicion of ``endangering
public safety or the preservation of the peace''; the Government has
used this provision to intimidate and in some cases detain persons who
criticized the Government. In addition, the PER and a media decree
issued in June provide for government censorship of the media.
In January the Government issued a decree stopping government
pension payments to persons who criticized the 2006 coup and the
Government. Among those whose pensions were cancelled were former
cabinet members in the Government of former prime minister Laisenia
Qarase, former prime minister and former coup leader Sitiveni Rabuka,
and senior civil servants. (Qarase's pension has been withheld since
December 2006.) In May the Government reversed itself and announced it
was repealing the decree. It resumed pension payments to all those
affected except Qarase, but it did not provide retroactive payments for
the January-May period.
The new Crimes Decree promulgated in February includes criticism of
the Government in its definition of the crime of sedition. This
includes statements made in other countries by any person, who can be
prosecuted on return to Fiji.
Using the PER, police detained and arrested individuals during the
year for comments deemed a threat to national security. On March 5,
security forces detained former politician Peceli Rinakama for comments
he reportedly made to a passing bystander relating to the conviction of
eight persons charged with conspiring to assassinate Bainimarama.
Rinakama was released on March 11. He was charged under the Public
Order Act with uttering words calculated to bring death or physical
injury to a person or injury to the lawful authority of the Government.
At year's end the case had not yet come to trial.
The Government published fortnightly supplements called New Dawn
and Fiji in Focus in the Fiji Sun newspaper, and all its advertising
was printed exclusively in the Fiji Sun until October, when the Fiji
Times newspaper--disfavored by the Government--was sold and purchased
by a local company that changed its editorial policy. The Government
retained a shareholding of less than 20 percent in the Daily Post
newspaper until the paper ceased to publish in 2009 due to poor sales.
The country's television news program production was owned and operated
by Fiji One, one of two national noncable television stations. A
company whose board is appointed by the Ministry of Indigenous Affairs
on behalf of the provincial councils owned 51 percent of Fiji One; the
remainder was privately held. The Government owned the Fiji
Broadcasting Corporation, which operated six radio stations. The
Government guaranteed a loan for the Fiji Broadcasting Corporation to
set up a television station. The Ministry of Information's Fiji Today
program was broadcast twice daily on the private television station
MaiTV.
During the year the Government harassed, intimidated, and in some
cases detained for questioning a number of journalists in response to
reporting critical of the Government. Television journalist Rachna
Nath, who reported the October arrest of former prime minister Mahendra
Chaudhry (see section 2.b.), was questioned by police for allegedly
inciting public anger in violation of the PER.
The PER authorize the Ministry of Information, military media cell
officers, and police to vet all news stories before publication,
resulting in the removal of all stories the Government deemed
``negative'' and ``inciteful,'' and therefore, according to the
Government, a threat to national security. All radio stations were
required to submit their news scripts to the permanent secretary for
information, a military appointee, before each news bulletin was
broadcast, and the print and television media were censored on a daily
basis by Ministry of Information and military media cell officers,
accompanied by police officers, who were placed in media newsrooms.
In March police announced an investigation of the Viti FM radio
station after the station broadcast a talkback show on same-sex
marriages following the promulgation of the new Crimes Decree. Also in
March, two senior news editors at Fiji TV were transferred to other
departments after the Government alleged antigovernment bias on their
part.
On June 25, the Government promulgated a new media decree, which
penalizes the media for ``irresponsible reporting.'' The decree, which
supersedes previous laws regarding the media, defines media
organizations as excluding Internet and telecommunications service
providers and production houses engaged in production of advertisements
or other audiovisual materials. The decree requires that the directors
and 90 percent of the shareholders of locally based media be citizens
of, and permanently residing in, the country and obliges foreign-owned
media to sell their shares in media organizations operating in the
country. Under the decree, reporting may not include information that
threatens public order or the national interest, creates communal
discord, or offends public decency. The decree establishes a new Fiji
Media Industry Development Authority to enforce these provisions. The
authority has the power to investigate journalists and media outlets
for alleged violations of the decree, including powers of search and
seizure of equipment.
The decree also establishes a media tribunal to decide complaints
referred by the authority, with the power to impose jail terms of up to
two years and fines of up to F$ 1000 (approximately $ 500) for
journalists, F$ 25,000 ($12,500) for publishers and editors, and F$
100,000 ($ 50,000) for media organizations. The tribunal is not bound
by formal rules of evidence.
The decree strips the judiciary of power to challenge the decree
itself or any proceedings or findings of the Media Authority, the
proposed tribunal, or the information minister.
Although in April the Government indicated that it would continue
to renew the PER only until the media decree was promulgated, at year's
end the PER had not been repealed and remained in force.
In September, as a result of the local ownership requirements of
the Media Decree, Australian company News Limited was forced to sell
the Fiji Times, the country's oldest newspaper and traditionally a
government critic. As a result of a change in the Times's editorial
policy following the sale, the editor and his deputy were obliged to
resign.
The Media Council, a voluntary private watchdog group of media and
academic figures, receives and seeks to resolve complaints of bias and
malfeasance within the media. However, the continuous extension of the
PER and the promulgation of the Media Decree ensured government control
over media content through censors.
In November 2009 the Government revoked all broadcasting licenses,
ostensibly to allow a review of signal bands. Television and radio
stations were issued temporary licenses pending completion of the
review, which was still in progress at year's end.

Internet Freedom.--There were no government restrictions on general
public access to the Internet, but evidence suggested that the
Government monitored private e-mails of citizens.
The International Telecommunication Union reported that
approximately 12 percent of the country's inhabitants used the Internet
in 2009. The Internet was widely available and used in and around urban
centers, and the majority of the population lived in areas with
Internet coverage. However, low-income persons generally could not
afford individual service, and other public access was very limited.
Access outside urban areas was minimal or nonexistent.
The Government monitored Internet traffic in an attempt to control
antigovernment reports by anonymous bloggers. In January the Prime
Minister's Office directed the Suva City Council to suspend 20
employees accused of antigovernment blogging activities. In February
the council terminated the contracts of 12 of the suspended employees
for alleged antigovernment activity. Although the Government did not
cite a specific legal authority for the directive, it has the power
under the Local Government Act to give directions to municipal councils
under certain circumstances.
From July 1-2, police detained and questioned Richard Naidu, news
editor of the online news Web site FijiLive, after the site reported
that then police commissioner Esala Teleni had been suspended from his
position. The Web site also was closed down for several hours. Naidu
was not charged, nor was he compensated for the detention. (Teleni
resigned his position in September.)
In July the Government promulgated a decree requiring all telephone
users to register their personal details with telephone and Internet
providers, including their name, birth date, home address, and
photographic identification. The decree imposes fines of up to
F$100,000 (approximately $50,000) on providers who continue to provide
services to unregistered users and up to F$10,000 (approximately
$5,000) on users who do not update their registration information as
required under the decree. Vodafone, one of two mobile telephone
providers, went beyond the decree requirements and required users to
register their nationality, postal address, employment details, and
both thumbprints.

Academic Freedom and Cultural Events.--Academic freedom was
generally respected; however, government work-permit stipulations
prohibit foreigners from participating in domestic politics. University
of the South Pacific contract regulations effectively restrict most
university employees from running for or holding public office or
holding an official position with any political party.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The abrogated constitution provides for freedom of assembly,
but since the 2006 coup, the Government has interfered with this right
in practice. The PER allow the Government to refuse applications for
permits for marches and meetings sought by antigovernment political
parties and NGOs, and to regulate--including by use of such force as
deemed necessary--the use of any public place by three or more persons.
Under the PER police and military officers also may enter any public or
private premises to break up any meeting or assembly deemed unlawful.
Although some civic organizations were granted permits to assemble,
permits for all political demonstrations and marches were denied. The
Government also refused a permit for the Methodist Church, which
historically has been associated with ethnic Fijian nationalism, to
hold its annual three-day conference during the year and for its 52
divisions to hold their quarterly meetings. In December the Government
notified the church that its divisions could resume holding quarterly
meetings and that it would be permitted to hold an annual conference in
2011, but restricted to one day in length.
On January 17, police halted a stress management meeting of the
Fiji Human Resources Institute for being held without a valid permit.
On May 5, police halted the general meeting of the Van and Carrier
Association on the same grounds; its executives were questioned but
were released without charge.
On October 1, police detained former prime minister Mahendra
Chaudhry and five associates for allegedly holding a ``political
meeting'' without a permit in breach of the PER. On October 4, a
magistrate granted them release on bail. Chaudhry applied for the
recusal of the judge appointed to hear the case and for the appointment
of a foreign-national judge; in November the High Court refused both
requests. At year's end Chaudhry and his associates remained free on
bail and their case was scheduled to be heard in 2011.
On December 9, one day before a scheduled Human Rights Day march by
the Fiji NGO Coalition for Human Rights, the Government canceled the
march permit, citing concern that the demonstrators could become
unruly.

Freedom of Association.--The abrogated constitution provided for
freedom of association. Since the constitution's abrogation, no decree
provides for this right. During the year the Government did not
restrict persons from joining NGOs, professional associations, or other
private organizations, but some were not permitted to hold meetings
with their members. In July members of the civil service were
prohibited from joining a training program run by Leadership Fiji, a
prominent NGO, and from giving a talk to any training program run by
Leadership Fiji, ostensibly because a former judge whose appointment
was terminated by the Government following the abrogation of the
constitution was invited by the NGO to speak at the training program.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The abrogated constitution provides
for freedom of movement within the country, foreign travel, emigration,
and repatriation, but the Government frequently restricted or denied
these rights in practice. The PER authorize the Government to prohibit,
restrict, or regulate movement of persons.
The Government maintained a list of persons banned from leaving the
country, including human rights activists and lawyers. Names on the
list were not made public; would-be travelers discovered their
inclusion when they were turned back by airport immigration
authorities.
The Government continued to limit the travel of government critics
and deport noncitizen critics. Former prime minister Laisenia Qarase,
who was charged in 2008 with abuse of office, continued to be subject
to strict bail conditions prohibiting him from traveling out of the
country, on the grounds that such travel would pose a ``threat to
national security.'' At year's end the case remained pending.
Until September the ability of lawyer and regime critic Imrana
Jalal to travel out of the country was limited after she was charged on
January 1 with offenses relating to a business operated by her husband.
In September the travel restrictions were lifted after a High Court
judge stayed all charges against her (see section 4). Jalal
subsequently left the country.
In January Fijian-born foreign citizen Padma Lal, wife of Fijian-
born foreign citizen and regime critic Brij Lal, who was deported in
November 2009, was refused entry into Fiji and deported.
The Government provided nominal cooperation with the Office of the
UN High Commissioner for Refugees and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the Government did not use it
during the year.

Protection of Refugees.--In 2008 the Government published a notice
authorizing the entry into force of refugee-related provisions of the
2003 Immigration Act. However, by year's end the Government had not
established a system for providing protection to refugees. The
Government does not have an established procedure for providing
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened on account of their
race, religion, nationality, membership in a particular social group,
or political opinion, but no such cases were known to have arisen
during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Although the abrogated constitution provides citizens the right to
change their government peacefully, citizens did not have this right in
practice. The country continued to be ruled by a military-dominated
government following the 2006 military overthrow of the popularly
elected government, and at year's end Parliament, the 12 elected
municipal councils, and the Great Council of Chiefs remained suspended.
The office of the vice president, vacant since August 2009, remained
unfilled.

Elections and Political Participation.--The most recent elections,
held in 2006, were judged generally free and fair. Party politics was
largely race based, although this did not limit participation in the
political process. The governing Soqosoqo Duavata ni Lewenivanua (SDL)
party was primarily ethnic Fijian, and the Fiji Labour Party (FLP), the
second-largest party, was primarily Indo-Fijian, although both had
membership across racial lines. After the elections the SDL established
a multiparty cabinet with the FLP as required by the constitution. This
government was removed by the RFMF under Bainimarama's leadership
during the 2006 coup.
In April 2009, when the Court of Appeal ruled that the coup and the
appointment of Bainimarama's government were unlawful, Bainimarama
resigned the position of prime minister; the president reappointed him
the next day after abrogating the constitution. At year's end the PER
continued in force, and the Government continued to rule by decree.
Bainimarama has declared that political reforms are necessary before
elections can resume and repeatedly postponed national elections. The
Government had stated that elections (previously promised for 2009)
would be held in 2014. In July, however, Bainimarama announced that
elections could be delayed beyond 2014 because of continued opposition
to his government's reform program. He stated that persons around the
country had implored him to cancel the elections.
There was one woman in the 11-member cabinet. Women played
important roles in the traditional system of chiefs and some were
chiefs in their own right. The Government's suspension of the Great
Council of Chiefs removed one forum where women exercised political
influence.
At year's end there were two Indo-Fijian ministers in the cabinet
and no other minority ministers. Indo-Fijians, who accounted for 37
percent of the population, continued to be underrepresented at senior
levels of the civil service and greatly so in the military. Indo-
Fijians comprised approximately 35 percent of the civil service
overall. The ``disciplined services''--the military, police, and prison
services--were predominantly ethnic Fijian.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, corruption, including within the civil service, has been a
significant problem for post-independence governments, and officials
frequently engaged in corrupt practices with impunity.
Despite measures by the Government during the year to combat
corruption within the bureaucracy, systemic corruption continued. In
the absence of parliamentary oversight and other checks and balances,
much government decision making was not transparent. The media
published articles on the reports and conclusions of the Government-
appointed Public Accounts Committee and reports of FICAC investigations
on abuse of office, but the Government censored independent media
reporting on some government corruption. In 2008 the auditor general
announced that in the absence of a sitting Parliament, audit reports
would be submitted to the cabinet and would not be made public. This
practice continued during the year. The cabinet referred such reports
to the Public Accounts Committee for review.
Public officials are not subject to financial disclosure laws.
FICAC is the primary body responsible for combating government
corruption.
In December 2009 FICAC charged Ratu Sakiusa Tuisolia, a critic of
the Government and the husband of human rights lawyer Imrana Jalal,
with offenses related to operation of a restaurant without a business
license, normally a misdemeanor adjudicated by municipal authorities
with a F$20 (approximately ($10) fine. Jalal was charged with the same
offenses on January 1. Tuisolia and Jalal maintained that businesses in
Suva typically operated while waiting for license issuance, and that
the FICAC charges were politically motivated. In July the High Court
issued a stay order on all seven charges against Jalal; a prosecution
appeal of the order was pending at year's end. On October 6, Tuisolia
was tried on charges relating to alleged abuse of the company credit
card of Airports Fiji, of which he was chief executive officer from
2003-06. He was acquitted on those charges. The charges relating to his
business license were still pending at year's end.
The corruption case of former prime minister Qarase remained
pending at year's end, and Qarase remained free under strict bail
conditions.
Although the abrogated constitution instructed Parliament to enact
a freedom of information law as soon as practicable, no such law has
been enacted. The Government was frequently unresponsive to public
requests for government information. A 2008 amendment to the FICAC
decree allows FICAC to prosecute the offense of ``misconduct in public
office.'' The amendment gives FICAC authority to prosecute civil
servants who divulge confidential government information to others
without authorization.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
The Government continued to scrutinize the operations of local and
international NGOs, engendering a climate of uncertainty within the NGO
community. Most NGOs practiced varying degrees of self-censorship.
Government officials were only cooperative and responsive to the views
of NGOs that avoided criticizing the 2006 coup and the Government.
There were several NGOs that concentrated on a variety of local
human rights causes, such as the Citizens' Constitutional Forum, the
Fiji Women's Rights Movement, and the Fiji Women's Crisis Center.
On January 4, the military's land force commander issued a warning
to NGOs and critics to cooperate with the Government. In February the
military commander and prime minister warned two prominent NGO
activists, Virisila Buadromo of the Fiji Women's Rights Movement and
Reverend Akuila Yabaki of the Citizens Constitutional Forum, against
making statements on the independence of the judiciary. The two had
reported on the subject to the UN universal periodic review of the
country's human rights situation.
NGOs were constrained in their operations by the February Crimes
Decree, which includes in the definition of sedition criticism of the
Government, and the June Media Decree, which requires all publications
to be vetted by the Ministry of Information (see section 2.a.). NGOs
may apply to the attorney general for exemptions to this requirement,
but prominent NGOs confirmed that processing of their applications for
such exemptions remained pending at year's end. Although the FHRC was
reestablished by decree after the abrogation of the constitution, it
was not authorized to investigate complaints against the abrogation,
other actions of the Government, or the 2006 coup.
The ICRC continued to operate in the country. A number of UN
organizations concerned with human rights had regional offices in the
country and sought to work with the Government on various human rights
issues.
The country remained suspended from the Commonwealth of Nations and
the major regional organization Pacific Islands Forum (PIF), in
response to Bainimarama's failure to address expectations ``to return
Fiji to democratic governance in an acceptable time-frame,'' in
addition to other concerns, including human rights violations,
expressed in statements by the PIF and the Commonwealth.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, sex, place
of origin, ethnicity, sexual orientation, color, primary language,
economic status, age, or disability. The Government generally enforced
these provisions effectively, although there were problems in some
areas. After the constitution's abrogation, only the 2007 Employment
Relations Promulgation (ERP), which came into force in 2008, had
similar provisions, but these are limited to workers and industrial
relations matters.

Women.--Rape, domestic abuse, incest, and indecent assault were
significant problems. The Crimes Decree provides for a maximum
punishment of life imprisonment for rape; however, prior to the
promulgation of the Crimes Decree in February, most rapes were
prosecuted in the magistrates' courts, which have a sentencing limit of
10 years. There were inconsistencies in the sentences imposed for rape
by different magistrates; sentences generally ranged from one to six
years' imprisonment. The Domestic Violence Decree, which also came into
force in February, recognizes spousal rape as a specific offense. The
NGOs Fiji Women's Rights Movement and Fiji Women's Crisis Center
pressed for more consistent and severe punishments for rape.
The Domestic Violence Decree created a specific domestic violence
offense. Police claimed to practice a ``no-drop'' policy, under which
they pursued investigations of domestic violence cases even if a victim
later withdrew her accusation. However, women's organizations reported
that police were not always consistent in their observance of this
policy. Courts dismissed some cases of domestic abuse and incest or
gave the perpetrators light sentences. Incest was widely believed to be
underreported. Traditional and religious practices of reconciliation
between aggrieved parties in both ethnic Fijian and Indo-Fijian
communities were sometimes taken into account to mitigate sentences in
domestic violence cases, and in many cases offenders were released
without a conviction on the condition they maintain good behavior,
rather than jailed. An active women's rights movement sought to raise
public awareness of domestic violence.
Four women's crisis centers funded by foreign governments operated
in the country. The centers offered counseling and assistance to women
in cases of domestic violence, rape, and other problems, such as lack
of child support.
Sex tourism is prohibited by law but reportedly occurred,
particularly in tourist centers such as Nadi and Savusavu, including
cases involving children. Taxi drivers, hoteliers, bar workers, and
others reportedly acted as middlemen, facilitating the commercial
sexual exploitation of children.
The Human Rights Commission Act specifically prohibits sexual
harassment, and criminal laws against ``indecent assaults on females''
prohibit offending the modesty of women and have been used to prosecute
sexual harassment cases. Under the ERP sexual harassment in the
workplace is a specific ground of complaint that can be filed by
workers. The Ministry of Labor reported that one sexual harassment
complaint filed with the Employment Relations Tribunal (ERT) under the
ERP in a prior year was withdrawn during the year. Two other sexual
harassment complaints were filed during the year and were pending
before the ERT at year's end.
In response to various complaints in 2009 from some indigenous
village provincial councils about a purported breakdown of order in
villages, during the year the Ministry of Indigenous Affairs drafted a
model village by-law addressing issues raised by the councils,
including women's dress. The draft model by-law included a prohibition
on wearing of shorts, T-shirts, and long hair by women. The ministry
distributed the draft to villages around the country for further
discussion. However, some of the 1,170 registered indigenous village
communities used the draft as an ostensibly legal basis for enforcing a
customary dress code on women, including in some villages a requirement
that women and girls wear ankle-length skirts. In some villages this
resulted in cases of assaults by village headmen of young girls found
wearing shorts.
Couples and individuals generally have the right to decide freely
the number, spacing, and timing of their children. The Government
provided family planning services, and women had access to
contraceptives free of charge at public hospitals and clinics, and for
a nominal charge if prescribed by a private physician. According to
indicators published by the Population Research Bureau (PRB), an
estimated 40 percent of married women ages 15-49 used modern
contraceptive methods. Unmarried and young women generally were
discouraged from undergoing tubal ligation for birth control, and
public hospitals, especially in rural areas, often refused to perform
the operation on unmarried women who requested it. Nurses and doctors
often required the husband's consent before carrying out the operation
on a married woman, although there is no legal requirement for such
consent. Most women gave birth in hospitals, where skilled attendance
at birth and essential prenatal, obstetric, and postpartum care were
available. According to PRB indicators, skilled health personnel
attended an estimated 99 percent of births. According to a UN report
entitled Trends in Maternal Mortality: 1990 to 2008, the estimated
maternal mortality ratio was 26 deaths per 100,000 live births. Women
had equal access to diagnosis and treatment for sexually transmitted
infections, including HIV.
Women have full rights of property ownership and inheritance
rights, but in practice often were excluded from the decision-making
process on disposition of communal land, which constituted more than 80
percent of all land. Many women were successful entrepreneurs. Other
than a prohibition on working in mines, there were no legal limitations
on the employment of women. The ERP prohibits discrimination on the
basis of sex. In practice, however, women generally were paid less than
men for similar work. According to the Asian Development Bank,
approximately 30 percent of the economically active female population
was engaged in the formal economy, and a large proportion of these
women worked in semisubsistence employment or were self-employed.
The Ministry for Women worked to promote women's legal rights.

Children.--Citizenship is derived both by birth within the country
and through one's parents.
School is mandatory until age 15, but the inability of some
families to pay for uniforms, school fees, and bus fares limited
attendance for some children.
Corporal punishment was common both in homes and in schools,
despite a Ministry of Education policy forbidding it in the classroom.
Increasing urbanization, overcrowding, and the breakdown of traditional
community and extended family-based structures led to an increasing
incidence of child abuse and appeared to be factors that increased a
child's chance of being exploited for commercial sex.
The Court of Appeal has ruled that 10 years is the minimum
appropriate sentence in child rape cases; however, in such cases police
often charged defendants with ``defilement'' rather than rape, because
defilement is easier to prove in court. Defilement or unlawful carnal
knowledge of a child under 13 years of age has a maximum penalty of
life imprisonment, while the maximum penalty for defilement of a child
between 13 and 15 years or of an intellectually impaired person is 10
years' imprisonment. Women's NGOs have complained that magistrates
imposed shorter sentences, from two to eight years, in child defilement
cases.
The legal age for marriage is 18, although children between 16
and18 years of age can marry with parental consent. Some NGOs reported
that child marriage was a problem, especially in rural areas, where
girls often married at age 16, preventing them from completing their
secondary school education. In indigenous villages girls under age 16
who became pregnant could begin to live as common-law wives with their
child's father after the men presented traditional apologies to the
girls' families, thereby avoiding the filing of a complaint to police
by the families. The girls frequently married the fathers as soon as
legally permissible, at age 16.
Child prostitution was reported among high school students and
homeless and jobless youth. Commercial sexual exploitation of children
continued to occur during the year. Under the Crimes Decree, commercial
sexual exploitation of children is an indictable offense that must be
tried in the High Court. The decree makes it an offense for any person
to buy or hire a child under 18 years of age for sex, prostitution, or
other unlawful purpose, punishable by imprisonment for up to 12 years.
It is also an offense for a householder or innkeeper to allow
commercial sexual exploitation of children in his or her premises, but
there were no prosecutions or convictions for these offenses during the
year.
The minimum age for consensual sex is 16. The maximum penalty is
life imprisonment in the case of a person who has sexual relations with
a child under age 13, and 10 years' imprisonment in the case of a
person who has sexual relations with a child between age 13 and age 15.
In the latter case it is considered a sufficient defense to establish
that the perpetrator had ``reasonable cause'' to believe the child was
age 16 or older. Despite the maximum penalties provided for,
magistrates have sometimes imposed sentences as low as two years'
imprisonment in such cases.
Child pornography is illegal under the Juveniles Act. The maximum
penalty for violators is 14 years' imprisonment and/or a maximum fine
of F$25,000 (approximately $12,500) for a first offense and life
imprisonment and/or a fine of up to F$50,000 (approximately $25,000)
for a repeat offense, and the confiscation of any equipment used in the
commission of the offense. A child welfare decree promulgated in August
requires mandatory reporting to police by teachers and health and
social welfare workers of any incident of child abuse.
Increasing poverty led to more children working as casual laborers,
often with no safeguards against abuse or injury.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport-4308.html.

Anti-Semitism.--There was no known Jewish community, and there were
no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip

Persons With Disabilities.--Under the constitution abrogated in
2009, all persons are considered equal under the law, and
discrimination against persons with disabilities in employment,
education, provision of housing and land, or provision of other state
services is illegal. Since the constitution's abrogation, no new decree
has addressed specifically the rights of persons with disabilities;
however, existing statutes provide for the right of access to places
and all modes of transport generally open to the public. Public health
regulations provide penalties for noncompliance; however, there was
very little enabling legislation on accessibility for persons with
disabilities, and there was little or no enforcement of laws protecting
them.
Building regulations require new public buildings to be accessible
to persons with disabilities, but only a few existing buildings met
this requirement. Under the Health and Safety at Work Act, all new
office spaces must be accessible to persons with disabilities. There
were only a small number of disabled-accessible vehicles in the
country. The Fiji Disabled People's Association, an NGO, reported that
most persons with disabilities were unemployed due to lack of
sufficient education and training and negative attitudes of employers.
There were no programs to improve access to information and
communications for persons with disabilities, and persons with
disabilities, in particular persons with hearing or vision impairments,
had difficulty accessing public information. There were a number of
community organizations to assist those with disabilities, particularly
children.
Most persons with mental and intellectual disabilities were
separated from society and typically were supported at home by their
families. The September Mental Health Decree stipulates that treatment
should be provided for persons with mental and intellectual
disabilities in the community, public health, and general health
systems. Institutionalization of persons with severe mental
disabilities was in a single underfunded public facility in Suva. There
were a number of special schools offering primary education for persons
with physical, intellectual, and sensory disabilities; however, cost
and location limited access. Opportunities for a secondary school
education for those with disabilities were very limited.
The Fiji National Council for Disabled Persons, a government-funded
statutory body, worked to protect the rights of persons with
disabilities. Several NGOs also promoted attention to the needs of
persons with various disabilities.

National/Racial/Ethnic Minorities.--Tension between ethnic Fijians
and Indo-Fijians has been a longstanding problem. Indigenous Fijians
make up 57 percent of the population, Indo-Fijians comprise 37 percent,
and the remaining 6 percent is composed of Europeans, Chinese, and
Rotuman and other Pacific Islander communities. The abrogated
constitution notes that ``the composition of state services at all
levels must be based on the principle of reflecting as closely as
possible the ethnic composition of the population,'' but a
nonjusticiable compact in the constitution also cites the
``paramountcy'' of Fijian interests as a guiding principle. The compact
also provides for affirmative action and ``social justice'' programs to
``secure effective equality'' for ethnic Fijians and Rotumans, ``as
well as for other communities.'' The compact chiefly benefited the
indigenous Fijian majority. Indigenous Fijians dominated the civil
service, including senior positions.
The Government publicly stated its opposition to such policies,
which it characterized as racist, and called for the elimination of
discriminatory laws and practices that favor one race over another;
however, as of year's end, most remained in place. The Government's
reform priorities, including reform of discriminatory laws and
practices, were part of a political dialogue process with political
parties that stalled and was not reconvened after the abrogation of the
constitution.
In an effort to address the sensitive question of ethnic and
national identity, in April the Government decreed that the country's
citizens would henceforth be known as ``Fijians,'' a term that
previously was understood to refer only to the ethnic indigenous
population. Ethnic Fiji Islanders would become known as ``I Taukei''
(literally, ``owners'' in the Fijian language). The decree requires
that anywhere the word ``indigenous'' appears in the law and in
government publications and communications, it is to be replaced by the
term ``I Taukei.'' Some commentators, writing in blogs or overseas
publications, observed that the lack of prior consultations with the
indigenous community about the change and its promulgation by decree
could complicate its implementation, given the historical opposition by
indigenous Fijians to making ``Fijian'' the common name for all
citizens. (The 1997 constitution used the term ``Fiji Islander'' to
refer to all citizens.)
Prior to the 2006 coup, most postindependence governments pursued a
policy of political predominance for ethnic Fijians. Land tenure
remained a highly sensitive and politicized issue. Ethnic Fijians
communally held approximately 87 percent of all land, the Government
held approximately 4 percent, and the remainder was freehold land,
which private individuals or companies may hold.
Ethnic Fijians' traditional beliefs, cultural values, and self-
identity are closely linked to the land. Most cash-crop farmers were
Indo-Fijians, the majority of whom are descendants of indentured
laborers who came to the country during the British colonial era.
Virtually all Indo-Fijian farmers were obliged to lease land from
ethnic Fijian landowners. Many Indo-Fijians believed that their very
limited ability to own land and their consequent dependency on leased
land from indigenous Fijians constituted de facto discrimination
against them. A pattern of refusals by ethnic Fijian landowners to
renew expiring leases continued to result in evictions of Indo-Fijians
from their farms and their displacement to squatter settlements. Many
indigenous Fijian landowners in turn believed that the rental formulas
prescribed in the national land tenure legislation discriminated
against them as the resource owners. This situation contributed
significantly to communal tensions.
On June 30, the Government promulgated the Land Use Decree to
improve access to land. The decree establishes a ``land bank'' in the
Ministry of Lands for the purpose of leasing land from indigenous
landowning units through the Native Land Trust Board, which has the
legal ownership of indigenous lands, and subleasing the land to
individual tenants for lease periods of up to 99 years. The stated aim
of the decree was to provide both equitable returns to landowners and
greater security of land tenure for tenants compared to the previous
legal framework contained in the Agricultural Landlord and Tenant Act
(ALTA), under which leases could only run for 30 years. ALTA leases
began expiring in 1997, leading to the eviction of many Indo-Fijian
sugar cane farmers.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The abrogated constitution
prohibits discrimination on the basis of sexual orientation. The
preexisting Penal Code criminalized homosexual acts between males, but
the judiciary held these provisions to be unconstitutional. The new
Crimes Decree that came into force in February does not criminalize
homosexual acts between consenting adults, and for the first time
recognizes male-on-male rape as a crime. The ERP prohibits
discrimination in employment based on sexual orientation.
There was some societal discrimination against persons based on
sexual orientation, although there was no systemic discrimination.
There were no known cases of violence based on sexual orientation or
gender identity.

Other Societal Violence or Discrimination.--There was some societal
discrimination against persons with HIV/AIDS, although it was not
systemic. There were no known cases of violence targeting persons with
HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The constitution and law protect the
rights of workers to form and join unions, elect their own
representatives, publicize their views on labor matters, and determine
their own policies, but the authorities did not always respect all of
these rights in practice. After the constitution was abrogated, and
freedom of expression and assembly subsequently were restricted under
the PER, unions reported considerable government interference with, and
denial of, their right to organize.
An estimated 31 percent of the wage-earning work force was
unionized. The majority of unionized workers were employed in
traditional key sectors of the economy, including the sugar industry,
tourism, manufacturing, and the public sector. While some unions were
ethnically based, most were not, and both Indo-Fijians and ethnic
Fijians held leadership roles in the trade union movement.
The ERP allows restrictions on the right of association if
necessary in the public interest or to protect national security, and
police, military, and prison personnel are prohibited from forming or
joining a union.
All unions must register with the Government, which has
discretionary power to refuse to register any union with an
``undesirable'' name, as well as to cancel registration of existing
unions in cases provided for by law. The ERP gives unions the right to
appeal to the ERT against an adverse decision by the trade union
registrar. Major trade unions reported instances of the Government
using the ERT in a biased fashion to shut down negotiations and
appeals.
In February the Fiji Sugar Corporation ceased the so-called check-
off facility (direct deduction of union dues) for two registered
unions: the national farmers' union (Kisan Sangh) and the Fiji Cane
Growers' Association. As of year's end, this check-off facility had not
been reinstated.
On February 17, military personnel detained Attar Singh, a
prominent unionist and official of the National Federation Party (NFP).
He was questioned and instructed to stop holding informal meetings at
the NFP office.
In October soldiers were deployed at three sugar mills; the
Government cited suspected union sabotage, claimed by the Government to
have affected the efficiency of the mills.
The law provides for the limited right to strike, except that
police, military, and prison personnel may not strike. Unions can
conduct secret strike ballots, but must give the registrar 21 days'
notice. More than 50 percent of all paid-up union members--not only
paid-up members who actually cast ballots in the election--must vote in
favor of a strike in order for the strike to be legal; the
International Trade Union Confederation criticized this provision as
too restrictive. The Ministry of Labor also must be notified and
receive a list of all striking employees and the starting date and
location of the strike. This requirement is intended to give
organizers, unions, employers, and the ministry time to resolve the
dispute prior to a strike. To carry out a legal strike, organizers of
strikes in certain ``essential services''--including emergency, health,
fire, sanitary, electrical, water, and meteorological services;
telecommunications; air traffic control; and fuel supply and
distribution--must give an employer an additional 28 days' notice.
The ERP also permits the minister of labor to declare a strike
unlawful and refer the dispute to the ERT; in these circumstances
workers and strike leaders can face criminal charges if they persist in
strike action after the referral.
In January unionist Pramod Rae was visited at home by military
officers and warned against organizing a strike during negotiations
with the Bank of Baroda.
There were no strikes during the year.

b. The Right to Organize and Bargain Collectively.--Workers have
the right to organize and bargain collectively. However, wage
negotiations generally were conducted at the level of individual
companies rather than industry wide.
Under the ERP any trade union with six or more members may enter
into collective bargaining with an employer. The ERP allows individual
employees, including nonunionized workers, as well as unions to bring a
dispute with employers before the permanent secretary for labor for
mediation. Individuals, employers, and unions on behalf of their
members may submit employment disputes and grievances alleging
discrimination, unfair dismissal, sexual harassment, or certain other
unfair labor practices to the Ministry of Labor. If mediation fails,
the authorities may refer the dispute to the ERT; the ERT's decision
can be appealed to the Employment Court (a division of the High Court)
and from there to the Court of Appeal.
Since the constitution was abrogated, unions reported that the
Government used the mediation process to punish unions deemed
insufficiently cooperative with government policies, interrupting the
collective bargaining process, interfering with mediation, and denying
appeals for unrelated political reasons.
While not promoted by the ERP, individual contracts were common.
Employers tended to offer advantageous packages to new employees,
particularly skilled labor, to promote individual contracts, which
according to labor groups reduced the possibilities for collective
bargaining and weakened unions. Under the former Compulsory Recognition
Act, only unions with 30 percent workforce membership could negotiate
with an employer. However, the ERP allows any six individual employees
to form a union and start negotiating with an employer--another
provision seen by existing unions as weakening worker unity and hence
bargaining power.
Under the ERP it is an offense for an employer to victimize any
worker or make it a condition of employment for a worker not to belong
to a union, but union organizers were occasionally vulnerable to
dismissal or to other interference by employers, particularly when
operating on company premises.
Export processing zones (EPZs) are subject to the same laws as the
rest of the country. Labor groups reported continuing difficulties
organizing workers in the EPZs, however, due to fear of employer
reprisals. With the decline of the garment industry in the country, the
number of workers employed in the EPZs also declined significantly.

c. Prohibition of Forced or Compulsory Labor.--The ERP prohibits
forced or compulsory labor, but there were reports that such practices
occurred. The Labor Inspectorate is responsible for enforcing the law,
but did not have sufficient inspectors for full enforcement.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
Enforcement of existing child labor regulations was inadequate and
failed to protect children fully from workplace exploitation. Under the
law children under age 12 may not be employed except in a family-owned
business or agricultural enterprise; any such employment must not
interfere with school attendance and is to be of limited duration.
Although the law provides that education is compulsory up to age 15,
children between ages 12 and 15 may be employed on a daily wage basis
in nonindustrial ``light'' work not involving machinery, provided they
return to their parents or guardian every night. Persons between ages
15 and 17 may be employed in certain occupations not involving heavy
machinery, hazardous materials, mines, or heavy physical labor;
however, they must be given specified hours and rest breaks.
The Ministry of Labor deployed inspectors nationwide to enforce
compliance with labor laws, including those covering child labor.
However, there was no comprehensive government policy to eliminate the
worst forms of child labor. During the year migration of rural youth to
urban areas continued, and youths continued to find employment in the
informal sector, including work as shoeshine boys, casual laborers, and
prostitutes. Children as young as age 11 worked as full-time laborers
in the sugar cane industry. Children also worked in the production of
other agricultural products, including coconuts and root vegetables.

e. Acceptable Conditions of Work.--There was no single, national
minimum wage, although the Wages Councils, comprising representatives
of both workers and employers, set minimum wages for certain sectors.
On July 1, minimum wage increases went into effect in nine industrial
sectors; however, minimum wage levels did not provide a decent standard
of living for a worker and family. Entry-level wages in unregulated
sectors, especially service industries, provided a sparse standard of
living for a worker and family. The Labor Ministry enforced minimum
wages through its Labor Inspectorate; however, the inspectorate did not
have sufficient inspectors to fully enforce the law. The ERT and the
Employment Court adjudicate cases of employers charged by the Labor
Inspectorate with violating minimum wage orders.
There is no single national limitation on maximum working hours for
adults; however, there are restrictions and overtime provisions in
certain sectors. Workers in some industries, notably transportation and
shipping, worked excessive hours.
There are workplace safety laws and regulations, and a worker's
compensation act. The Occupational Health and Safety Inspectorate in
the Ministry of Labor monitors workplaces and equipment and
investigates complaints from workers. Safety standards apply equally to
citizens and foreign workers; however, government enforcement suffered
from a lack of trained personnel and delays in compensation hearings
and rulings. Unions generally monitored safety standards in organized
workplaces, but many work areas did not meet standards, and not all
were monitored by the Ministry of Labor for compliance. The law accords
employees the right to remove themselves from a hazardous worksite
without jeopardizing their employment, but most feared the loss of
their jobs if they did so. Although mines are excluded from the Health
and Safety at Work Act, the Mining Act empowers the director of mines
and his inspectors to enter and inspect all mines with a view to the
health, safety and welfare of the employees.

__________

INDONESIA

Indonesia is a multiparty democracy with a population of
approximately 237 million. In July 2009 Susilo Bambang Yudhoyono was
reelected president in free and fair elections. Domestic and
international observers judged the April 2009 legislative elections
generally free and fair as well. Security forces reported to civilian
authorities, although the fact the Indonesian Armed Forces (TNI)
continued to be partly self-financed had the potential to weaken this
control.
Human rights problems during the year included: occasional
incidents, primarily in Papua and West Papua Provinces, of arbitrary
and unlawful killings by security forces; vigilantism; sometimes harsh
prison conditions; impunity for some officials; official corruption,
including in the judicial system; some narrow and specific limitations
on freedom of expression; societal abuse against religious groups and
interference with freedom of religion sometimes with the complicity of
local officials; trafficking in persons; child labor; and failure to
enforce labor standards and worker rights.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
security force personnel killed a number of alleged criminals and
terrorists in the course of apprehending them.
On August 30, Kasmir Timumun died in police custody in Buol,
Central Sulawesi, following his arrest for illegally racing a
motorcycle. Police reported that Timumun committed suicide, but
credible nongovernmental organization (NGO) sources reported that his
body bore evidence of abuse. On August 31, a crowd of as many as 3,000
persons attacked the police station with rocks and Molotov cocktails.
Police killed eight of the protesters. Nineteen police were injured
during the riot. At the end of the year, police had named three
officers as suspects in the death of Timumun. Results of an autopsy of
Timumun were not publicly available at the end of the year.
The police continued vigorous action against accused terrorists. As
of September 28, security forces shot and killed at least 17 terrorist
suspects in exchanges of gunfire. Approximately 120 suspects were
detained. Eleven police were shot and killed and 12 were injured in
these exchanges.
On September 22, 12 heavily armed men on motorcycles attacked a
subdistrict police station in Hamparan Perak, North Sumatra, and killed
three police officers. The attack was believed to be retaliation for
police antiterrorist actions.
Violence affected the provinces of Papua and West Papua during the
year. Due to the remoteness of the area it was difficult to confirm
reports villages were burned and scores of civilians killed. Much of
this violence was connected to the Free Papua Movement (OPM) and
security force operations against OPM. For example, on February 15,
unidentified gunmen shot and killed Police Mobile Brigade (Brimob)
member Sahrul Mahulau. On April 13, gunmen reportedly affiliated with
OPM killed three construction workers in the Mewulok District of Puncak
Jaya.
The confusion around events in the provinces of Papua and West
Papua was illustrated in the apparent killing in Puncak Jaya Regency of
Pastor Kindeman Gire. In October a commissioner of the National Human
Rights Commission (Komnas HAM) said that the commission was opening an
investigation into Kindeman's death. Other sources have alleged
Kindeman was shot and killed in March. At year's end it was agreed that
Kindeman was killed, but the manner and perpetrators were uncertain.
On May 17, security forces shot and killed OPM leader Werius
Telenggen and OPM member Yarton Enumbi in Yambi village, Puncak Jaya,
Papua.
A group of gunmen in Puncak Jaya shot and killed Brimob member Agus
Suhendra on June 14. On August 4, unidentified gunmen shot and killed
Atril Wahidin, a former driver for the head of Mewulok District.
On September 14, members of Brimob in Manokwari, West Papua, shot
and killed Naftali Kwan and Septinus Kwan during a riot sparked by a
traffic accident. On September 24, 11 Brimob officers were sanctioned
in connection with the shooting. Four received 21 days in custody, the
other seven received 14 days.
On November 28, five persons shot and killed one civilian and
wounded six others in Nafri, Jayapura District. All of the victims were
non-Papuan Indonesians.
In addition to killings by security forces and OPM, there were a
number of violent incidents, including some killings by unknown parties
in Papua and West Papua.
On April 14, three members of the Jakarta Public Order Agency were
killed in rioting near the Jakarta port, Tanjung Priok. The mob
reportedly believed it was protecting the tomb of an 18th century
religious leader.
In April 2009 the North Jakarta police beat and shot Bayu Putra
Perdana while he was in custody. According to a hospital autopsy, Bayu
died as a result of torture. In response to Bayu's death, an ethics and
administrative police committee sentenced two police personnel to 14
days detention, demotion, and an official reprimand.
In August 2009 members of Brimob killed tribal leader and former
political prisoner Yawan Wayeni at his house in Mantembu village, Yapen
Island, Papua. In May video footage of Wayeni's death appeared on the
Internet. The video showed the police taunting and providing no
assistance to Wayeni as he was dying, but does not show events leading
up to his death. Police sources claimed Wayeni was armed with a home-
made weapon, while Papuan activists claimed that he was unarmed.
No further information was available regarding the 2009 deaths of
Mika Boma, Abet Nego Keiya, Melkia Agape, Fauzi Bin Syarifuddin, or
Kelly Kwalik.
In 2008 the South Jakarta District Court acquitted retired army
general Muchdi Purwoprandjono on charges of planning the 2004 murder of
human rights activist Munir Said Thalib. In July 2009 the Supreme Court
upheld the acquittal and remanded the case to the district court. In
2009 the Attorney General's Office (AGO) stated it intended to file a
motion requesting the Supreme Court to ``review'' the ruling but had
not done so by year's end. Under the law the AGO must present new
evidence or identify judicial inconsistencies in the original ruling
for the review to be granted. The case was also under review by the
Judicial Commission, a judicial oversight body.
In January 2009 an appeals court overturned a lower-court acquittal
of Rohainil Aini as an accomplice in Munir's murder and sentenced her
to one year in prison. However, at year's end Aini had not started
serving her sentence.

b. Disappearance.--The Government reported little progress in
accounting for persons who disappeared in previous years or in
prosecuting those responsible for such disappearances. The criminal
code does not specifically criminalize disappearance.
In September 2009 the House of Representatives (DPR) approved the
formation of an ad hoc court to pursue investigations of and possible
prosecutions for the 1998 abductions of prodemocracy activists. By
year's end the Government had not established this ad hoc court.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution states that every person shall have the
right to be free from torture, inhuman, and degrading treatment. The
law criminalizes the use of violence or force by officials to elicit a
confession, punishable by up to four years in prison, but the criminal
code does not specifically criminalize torture. In previous years law
enforcement officials widely ignored and were rarely tried under this
statute. The Government made some efforts to hold members of the
security forces responsible for acts of torture. In 2007 the UN special
rapporteur on torture reported evidence of torture in many police
detention facilities in Java. The special rapporteur reported that
torture was common in certain jails and used to obtain confessions,
punish suspects, and seek information that incriminated others in
criminal activity. Torture typically occurred soon after detention.
There were reports detainees were beaten with fists, sticks, cables,
iron bars, and hammers. Some detainees reportedly were shot in the legs
at close range, subjected to electric shock, burned, or had heavy
implements placed on their feet.
From January to September, Komnas HAM received 708 complaints of
human rights violations against the National Police.
Abuse of detainees in Papua came under heightened scrutiny when, on
October 16, a graphic video was posted on YouTube that showed several
TNI personnel threatening one detainee, Telangga Gire, with a knife to
the throat and applying a smoldering stick to the genitals of another
detainee, Tunaliwor Kiwo. This was believed to have taken place on May
30 during a military operation in the Puncak Jaya region of Papua.
Subsequently, this video was conflated with another incident in March,
also captured on video, in which four TNI personnel beat and kicked
several Papuan detainees. The four TNI personnel implicated in this
latter incident, Second Lieutenant Cosmos, Private First Class Sahminan
Lubis, Private Joko Sulistiono, and Private Dwi Purwanto, were court-
martialed and sentenced to five to seven months' imprisonment for
disobeying orders, exceeding orders, and encouraging others to do so.
At year's end an investigation into the May 30 video apparently was
underway.
Human rights activists and relatives of the detainees reported at
least some of the 22 Republic of South Maluku (RMS) activists detained
in early August were beaten (see section 2.a.).
On September 23, three military personnel from the 742nd Infantry
Battalion/Satya Wira Yudha-Mataram allegedly assaulted a priest, Beatus
Ninu, in Kupang Regency, after the priest asked the soldiers to quiet
down. After an investigation, the case was passed to a military court
for prosecution.
In December 2009 four Depok police officers detained J.J. Rizal for
possible drug use and accused him of being a pickpocket. The officers
abused Rizal, who suffered a cut lip, two contusions on his head, a
bruised jaw, and ringing in the ears. On March 3, the officers were
convicted and each sentenced to three months' imprisonment.
In December 2009 a civilian, accompanied by police officers from
the Criminal Investigations Division of the Maluku Regional Police,
reportedly beat Aan (one name only) while interrogating him in Jakarta.
No information was available regarding action by the police Internal
Disciplinary Unit.
There were numerous reports of alleged police abuse of prisoners
throughout the year.
No further information was available regarding the cases of
Carmadi, Monika Zonggonau, or Kiten Tabuni.
Between January and October in Aceh, 39 persons were caned publicly
for violating Sharia laws dealing with gambling, adultery, consuming
alcohol, and for selling food during the fasting month of Ramadan.
Unlike in previous years, there were no reported cases of caning for
being alone with persons of the opposite sex.
On July 15, the Langsa District Court in East Aceh District
sentenced Muhammad Nazir and Feri Agus, Sharia Police members, to eight
years in prison for the rape and torture of a 20-year-old female
student while she was in custody.
On October 1, authorities in Jantho, Aceh Besar, publicly caned
Murni binti Amris and Rukiah binti Abdullah for selling cooked rice
during the day during the month of Ramadan.
On August 27, Muchtar bin Ibrahim was indicted under the antiterror
law for the November 2009 shooting of a German Red Cross official in
Aceh.
Mobs carried out vigilante justice, but reliable statistics on such
actions were not available. There were instances in which police failed
to respond to such violence, which was often triggered by thefts or
perceived thefts.

Prison and Detention Center Conditions.--Conditions at the
country's 642 prisons and detention centers were sometimes harsh.
Overcrowding was widespread. In Jakarta, occupancy frequently was two
to three times more than recommended capacity. According to the
Government, the Pondok Bambu Detention Facility in Jakarta, designed
for 500 prisoners, held 1,172. The facility has two types of cells,
small and large. A small cell is approximately nine square yards and
designed for one to two prisoners. According to NGOs, three to five
prisoners were assigned to small cells. Authorities routinely assigned
20 to 30 prisoners to large cells designed to hold a maximum of 10
prisoners.
According to a team of international visitors that visited a number
of prisons in August, all facilities had abundant outdoor and multi-use
space that appeared to be underused. Prisoners were provided with food,
potable water, and basic medical care. Conditions of confinement and
treatment of prisoners in the facilities visited appeared to comply
with the Standard Minimum Rules for the Treatment of Prisoners.
NGOs noted authorities sometimes did not provide prisoners adequate
medical care. According to Ministry of Justice and Human Rights
officials, the medical budget for some prisons is as low as 14,500
rupiah ($1.65) per prisoner. Filep Karma, a prisoner in Abepura prison,
received needed medical care in Jakarta on July 19, after waiting since
August 2009. Advocates for Ferdinand Pakage, another prisoner in Papua,
continued to raise funds so that he could receive needed eye treatment.
Yusuf Sipakoly, a prisoner associated with the RMS separatist movement,
died in custody on September 14, in Ambon, Maluku. Sipakoly reportedly
did not receive sufficient care for a kidney condition.
Guards regularly extorted money from and mistreated inmates. There
were widespread reports the Government did not supply sufficient food
to inmates, and family members often brought food to supplement their
relatives' diets. Family members reported prison officials often sought
bribes to allow relatives to visit inmates. Officials held unruly
detainees in solitary confinement for up to six days on a rice-and-
water diet. According to government figures, 842 prisoners died during
the year, compared with 778 in 2009.
In November 2009 detained Papuan activist Buchtar Tabuni was beaten
at Abepura Class II Penitentiary, sparking riots involving protesters
both inside and outside the prison the next day. The authorities
implicated and detained three TNI personnel and a police officer for
allegedly beating Buchtar. In a separate case, Buchtar was moved from
Abepura Penitentiary to a police detention center on December 3 and
charged with fomenting a prison riot.
According to The International Centre for Prison Studies, prison
capacity was designed for 76,550 inmates; however, there were more than
140,000 prisoners, including approximately 2,500 juveniles and 11,000
women. There are six women-only prisons in the country, including five
in Java and one in North Sumatra. According to the Directorate General
for Corrections, as of March there were 2,609 juvenile detainees and
2,589 juvenile prisoners.
Lack of prison capacity, limited number of personnel, and poor
prison conditions were found throughout the East Java prison system.
Total provincial prison capacity was designed for 10,000 inmates; there
were more than 16,000 inmates. In Medaeng Prison in Surabaya, there
were more than 1,600 inmates, although the prison's designed capacity
is for 500 inmates.
By law children convicted of serious crimes should serve their
sentences in juvenile prisons. However, according to a 2007 statement
by the UN special rapporteur on torture, children were incarcerated
with adults in both pretrial detention centers and in prisons. By law
prisons held those convicted by courts, while detention centers held
those awaiting trial; in practice pretrial detainees at times were held
with convicted prisoners.
Prisoners were permitted religious observance. Prisoners and
detainees had reasonable access to visitors, although this access
reportedly was limited in some cases. The Government actively monitors
prison and detention center conditions.
Authorities permitted prisoners and detainees to submit complaints
to judicial authorities without censorship and to request investigation
of credible allegation of inhumane conditions.
Since February 2009 the Government has denied the International
Committee of the Red Cross (ICRC) access to monitor prison conditions
and treatment of prisoners nationwide. In addition, the Government
requested the ICRC to close field offices in Aceh and Papua Provinces.
Negotiations continued throughout the year to restore ICRC access to
Papua.
The national ombudsman can serve on behalf of prisoners and
detainees on a variety of issues, including monitoring conditions and
treatment of prisoners; addressing the status and circumstances of
confinement of juvenile offenders; and improving pretrial detention,
bail, and recordkeeping procedures to ensure that prisoners do not
serve beyond the maximum sentence for the charged offense. In the past,
the ombudsman has investigated prison issues and communicated his
findings to the minister of law and human rights and the Supreme Court.
The Ombudsman's Office and the Directorate General for Correctional
Facilities have signed a Memorandum of Understanding on Supervision of
Public Service for detainees and prisoners.

d. Arbitrary Arrest or Detention.--The law contains provisions that
protect against arbitrary arrest and detention but lacks adequate
enforcement mechanisms, and some authorities violated these provisions.

Role of the Police and Security Apparatus.--The president appoints
the national police chief, subject to confirmation by the DPR. The
police chief reports to the president but is not a full member of the
cabinet. The Indonesian National Police (INP) has 374,526 personnel
deployed in 31 regional commands in 33 provinces. The police maintain a
centralized hierarchy; local police units formally report to the
national headquarters. The military is responsible for external defense
but also has a residual obligation to support the police with its
domestic security responsibilities. On July 16, a presidential decree
formally established a new Counterterrorism Agency (BNPT). The BNPT is
to coordinate the Government's counterterrorism policy and activities.
In Aceh the Sharia Police, a provincial body, is responsible for
enforcing Sharia.
The Internal Affairs Division and the National Police Commission
within the INP investigates complaints against individual police
officers. Additionally, Komnas HAM and NGOs conducted external
investigations with the knowledge and cooperation of the police. During
the year, 682 officers were charged criminally and 5,437 received
disciplinary infractions.
In January 2009 the Ministry of Law and Human Rights approved the
Use of Force Police Action Policy, which among other things requires
that whenever force is used or whenever a citizen or police officer is
injured as a result of use of force a Use of Force Resistance Control
Form must be completed. Implementation of this policy and training
continued throughout the year.
From January to September, Komnas HAM received 708 complaints of
human rights violations against the National Police. In December Komnas
HAM announced at a press conference that during the year there were 30
cases of abuse committed during interrogations.
In June 2009 the INP implemented regulations that standardized
human rights regulations in the normal course of police duties.
However, impunity and corruption remained problems in some provinces.

Arrest Procedures and Treatment While in Detention.--The law
provides prisoners with the right to notify their families promptly and
specifies that warrants must be produced during an arrest. Exceptions
are allowed if, for example, a suspect is caught in the act of
committing a crime. The law allows investigators to issue warrants;
however, at times authorities made arrests without warrants. A
defendant may challenge the legality of his arrest and detention in a
pretrial hearing and may sue for compensation if wrongfully detained;
however, defendants rarely won pretrial hearings and almost never
received compensation after being released without charge. Military and
civilian courts rarely accepted appeals based on claims of improper
arrest and detention.
The law limits periods of pretrial detention. Police are permitted
an initial 20-day detention, which can be extended to 60 days by the
prosecutors while the investigation is being completed; prosecutors may
detain a suspect for a further 30 days during the prosecution phase and
may seek a 20-day extension from the courts. The district and high
courts may detain a defendant up to 90 days during trial or appeal,
while the Supreme Court may detain a defendant 110 days while
considering an appeal. Additionally, the court may extend detention
periods up to another 60 days at each level if a defendant faces a
possible prison sentence of nine years or longer or if the individual
is certified to be mentally disturbed. During the year authorities
generally respected these limits in practice. The antiterrorism law
allows investigators to detain for up to four months before charges
must be filed any person who, based on adequate preliminary evidence,
is strongly suspected of committing or planning to commit any act of
terrorism.
During his 2007 visit, the UN special rapporteur on torture found
that in many instances the authorities did not grant bail, frequently
prevented access to defense counsel during investigations, and limited
or prevented access to legal assistance from voluntary legal defense
organizations. Court officials sometimes accepted bribes in exchange
for granting bail.
By law suspects or defendants have the right to legal counsel of
their choice at every stage of an investigation. Court officials will
provide free legal counsel to persons charged with offenses that carry
a death penalty or imprisonment of 15 years or more, or to destitute
defendants facing charges that carry a penalty of five years or more.
Suspects have the right to bail and to be notified of the charges
against them.

e. Denial of Fair Public Trial.--The law provides for judicial
independence; however, in practice the judiciary remained susceptible
to influence from outside parties, including business interests,
politicians, and the security forces. Low salaries continued to
encourage acceptance of bribes, and judges were subject to pressure
from government authorities, which appeared to influence the outcome of
cases.
Widespread corruption throughout the legal system continued (see
section 4), which specialized task forces in the AGO effectively
prosecuted.
During the year hundreds of low-level and sometimes mid-level
soldiers were tried in military courts, including for offenses that
involved civilians or occurred when soldiers were not on duty. If a
soldier was suspected of committing a crime, military police
investigated and then passed their findings to military prosecutors,
who decided whether to prepare a case. Under the law, military
prosecutors are accountable to the Supreme Court; however, military
prosecutors were responsible to the TNI for the application of laws.
A three-person panel of military judges heard trials, while the
High Military Court, the Primary Military Court, and the Supreme Court
heard appeals. Some civilians criticized the short length of prison
sentences imposed by military courts.
NGO sources stated some military court proceedings all the way to
the Supreme Court were not public; however, the November court-martial
of four soldiers for beating a Papuan detainee was public (see section
1.c.).
Four district courts located in Surabaya, Makassar, Jakarta, and
Medan are authorized to adjudicate cases of gross human rights
violations. At year's end only the Makassar and Jakarta courts had
adjudicated such cases. The law provides for each court to have five
members, including three noncareer human rights judges, who are
appointed to five-year terms. Verdicts can be appealed to the standing
appellate court and the Supreme Court. The law provides for
internationally recognized definitions of genocide, crimes against
humanity, and command responsibility, but it does not include war
crimes as a gross violation of human rights.
Under the Sharia court system in Aceh, 19 district religious courts
and one court of appeals heard cases. The courts heard only cases
involving Muslims and used decrees formulated by the local government
rather than the penal code. Critics argued that Sharia regulations were
procedurally ambiguous. For example, defendants had a right to legal
aid, but this right was inconsistently implemented. Although Sharia
cases were supposed to be tried in closed hearings, during the year
there were numerous problems with trial proceedings going forward in
open court.

Trial Procedures.--The law presumes defendants are innocent until
proven guilty. Defendants have the right to confront witnesses and call
witnesses in their defense. An exception is allowed in cases in which
distance or expense is deemed excessive for transporting witnesses to
court; in such cases sworn affidavits may be introduced. However, the
courts allowed forced confessions and limited the presentation of
defense evidence. Defendants have the right to avoid self-
incrimination. In each of the country's 804 courts, a panel of judges
conducts trials by posing questions, hearing evidence, deciding on
guilt or innocence, and imposing punishment. Both the defense and
prosecution can appeal.
The law gives defendants the right to an attorney from the time of
arrest and at every stage of examination and requires that defendants
in cases involving capital punishment or a prison sentence of 15 years
or more be represented by counsel. In cases involving potential
sentences of five years or more, the law requires an attorney be
appointed if the defendant is indigent and requests counsel. In theory
indigent defendants may obtain private legal assistance, and NGO lawyer
associations provided free legal representation to indigent defendants.
The law extends these rights to all citizens. In some cases procedural
protections, including those against forced confessions, were
inadequate to ensure a fair trial. With the noted exceptions of Sharia
and military trials, trials are public.

Political Prisoners and Detainees.--In early August the authorities
arrested a number of RMS activists in Ambon for allegedly planning to
fly banned RMS flags during an August 3 visit by President Yudhoyono.
Among those arrested were Benny Sinay, Izak Sapulete, Andy Marunaya,
Edwin Muranay, Ongen Krikof, Marven Bremer, Steven Siahaya, Ony
Siahaya, and Jacab Sinay. The arrests apparently were meant to
forestall a repetition of the 2007 incident when 22 traditional war
(cakalele) dancers, including Johan Teterisa, displayed a banned
separatist flag during President Yudhonoyo's visit to Ambon. The 22
were serving sentences--ranging from seven to 20 years--in
penitentiaries in Java and Ambon. On appeal, the court reduced
Teterisa's sentence from life to 15 years.
A number of Papuan independence activists, including Filep Karma,
were in detention for raising a banned separatist flag. In July Karma
received medical treatment at a Jakarta hospital and was later returned
to Abepura prison in Papua. Another activist imprisoned for a flag
raising, Yusak Pakage, received a pardon on July 8.
In November 2009 Semuel Yaru and Luther Wrait raised a banned
separatist flag in front of the Papua People's Council. On August 12,
they were sentenced to one year in prison, less time already served.
According to international NGOs Human Rights Watch and Amnesty
International, there were more than 83 persons in prisons throughout
the country for flag raising or other nonviolent political offenses.

Civil Judicial Procedures and Remedies.--The civil court system can
be used to seek damages for victims of human rights violations;
however, corruption and political influence limited victims' access to
this remedy.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law requires judicial warrants for searches except
for cases involving subversion, economic crimes, and corruption. The
law also provides for searches without warrants when circumstances are
``urgent and compelling.''
Security officials occasionally broke into homes and offices.
Authorities occasionally conducted warrantless surveillance on
individuals and their residences and monitored telephone calls.
In some parts of the country, particularly in Kalimantan and Papua,
residents believed government-sponsored transmigration programs, which
move households from more densely populated areas to less-populated
regions, interfered with their traditional ways of life, land usage,
and economic opportunities. Although the number of new persons in
transmigration was significantly less than in previous years, the
Government continued to support financially approximately 8,800
households moved in 2009 from overpopulated areas to isolated and less-
developed areas in 26 provinces.
The Government used its authority, and at times intimidation, to
expropriate land for development projects, often without fair
compensation. In other cases state-owned companies were accused of
endangering resources upon which citizens' livelihood depended. A
presidential decree on land acquisition for public use allows the
Government to acquire land for private development projects even if
landowners have not agreed on the amount of compensation. A number of
NGOs argued the decree served the interests of wealthy developers at
the expense of the poor.
During the year security forces allegedly used excessive force
while evicting individuals involved in land disputes. During the year
evictions of squatters living on government land and of street vendors
continued to decrease. Jakarta Legal Aid (LBH Jakarta) reported that
during the year there were 55 cases reported related to land-rights
violations in Jakarta, including evictions and land disputes. According
to city officials, the Jakarta administration carried out evictions
during the year, forcing persons out of their homes.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and the law
provide for freedom of speech and freedom of the press; however, the
Government at times restricted these rights in practice. Politicians
and powerful businessmen filed criminal or civil complaints against
journalists whose articles they found insulting or offensive; some
journalists faced threats of violence. Nonetheless, a vigorous,
independent media operated in the country and expressed a wide variety
of views, generally without restriction. In 2007 the Constitutional
Court annulled or ruled unconstitutional various provisions of the
criminal code that provided special protections to the president, the
vice president, and the Government.
On April 19, the Constitutional Court rejected a motion to strike
down the 1965 Blasphemy Law. Under the law, ``spreading religious
hatred, heresy and blasphemy'' is punishable by up to five years in
prison.
On October 5, the Supreme Court restored the broadcast license of
Chinese-language, Falun Gong-affiliated Radio Era Baru, and the station
resumed broadcasting. It was forced to stop broadcasting following a
court decision in March and had been battling the Government over its
license since 2007.
The Indonesian Press Legal Aid (LBH Pers) reported that during the
year, there were at least 37 physical and 29 nonphysical cases of media
intimidation.
During the year a number of journalists died under suspicious
circumstances. On July 30, police in Merauke, Papua, found the body of
freelance journalist Ardiansyah Matra'is. Matra'is reportedly received
threatening messages in the preceding days from unknown individuals. On
August 21, television reporter Ridwan Salamun was stabbed and killed
while filming a fight between two villages in Southeast Maluku. The
International Federation of Journalists claimed local police knew who
killed Salamun but made no effort to arrest the perpetrators. The body
of Alfrets Mirulewan, chief editor of the Pelangi Weekly, was found on
Kisar, Maluku, on December 17, sparking widespread condemnation.
Photographs of Mirulewan allegedly show bruises on his face and scratch
wounds on his knees. NGO sources reported Mirulewan was investigating
the illegal sale of gasoline on Kisar and the possible involvement of
police officers. At year's end authorities were still investigating,
and results of an autopsy were not publicly available.
On February 15, the Bali State Court sentenced Nyoman Susrama,
Komang Gede, and Ida Bagus Narbawa to a life sentence, 20 years in
jail, and five years in jail, respectively, for their involvement in
the February 2009 murder of Radar Bali journalist Anak Agung Prabangsa.
Reporters also faced violence and harassment during the year. On
May 19, Ahmadi, a journalist with Harian Aceh, wrote a news story on a
logging business run by the local Alapan Military Sub-District Command.
Although officials from the district command requested he not publish
information on the business, Harian Aceh published the article on May
21. That same day, Kardiar, a military officer from the Simeleu
Military District Command, assaulted Ahmadi. At year's end no charges
had been filed.
On July 6, two unknown individuals on motorcycles attempted to
firebomb the offices of the Tempo weekly magazine. No injuries were
reported. The attack came one week after Tempo had run a feature on
suspiciously large police bank accounts. Tempo also faced a lawsuit
from the police.
On July 13, police beat and kicked three journalists reporting on
police brutality in handling demonstrations in Dobo City of Aru Island
Regency in Southeast Maluku. Police also took the journalists' cameras
and deleted all the pictures.
On September 1, in Karanganyar, Central Java, Lieutenant Colonel
Lilik Sutikna assaulted Triyono, a Solo Pos journalist, after Triyono
reported on allegations of corruption that implicated Lilik. The
regional military commander relieved Lilik of command pending an
internal investigation.
During the year a trend of persons accused of corruption or
involved in civil disputes filing criminal and civil defamation
complaints with police continued.
On September 7, Tommy Suharto, a son of the former president, sued
the national airline, Garuda Indonesia, and its in-flight magazine over
an article that referred to him as a ``convicted murderer.''
In July 2009 Kho Seng Seng and Winny Kwee were convicted of
defamation and given six-month suspended sentences and one year of
probation each. Both had submitted letters to editors of different
newspapers complaining about a property developer. At year's end their
cases still were pending appeal at the Supreme Court.
In September 2009 the Jakarta police identified human rights
activist Usman Hamid as a suspect for alleged defamation and slander
against former State Intelligence Agency deputy chief Muchdi
Purwopranjono. At year's end the case was still pending.
In January 2009 Illian Deta Arta Sari and Emerson Yuntho, staff
members of the NGO Indonesia Corruption Watch, were identified as
suspects in a criminal defamation case after criticizing the AGO's
record of asset recovery, citing an official audit document. They
received a notice of complaint in October 2009. At year's end the case
was still pending.
Although the Papua Special Autonomy Law permits flying a flag
symbolizing Papua's cultural identity, a government regulation
prohibits the display of the Morning Star flag in Papua, the RMS flag
in Maluku, and the Crescent Moon flag in Aceh.
Between August 2 and 9, police arrested 21 activists who planned to
display a banned separatist flag during President Yudhoyono's visit to
Ambon on August 3 (see section 1.e.). Police seized 14 flags and 133
pamphlets carrying a statement requesting the release of Maluku and
Papua separatists. No RMS flags were displayed and no protests occurred
during President Yudhoyono's visit in August.
In April 2009 Musa Tabuni, Serafin Diaz, and Yance Mote were
arrested and charged with subversion and separatism following a West
Papua National Committee Customary Council meeting in Jayapura. As of
the end of September, they were released pending appeal of their cases
to the Supreme Court.
The Government continued to restrict foreign media, NGO, and
government personnel from traveling to the provinces of Papua and West
Papua by requiring them to request permission to travel through the
Foreign Ministry or an Indonesian embassy. The Government approved some
requests and denied others. Some journalists traveled to Papua without
permission. There were no reports of restrictions on journalists
traveling to previous areas of conflict in Aceh, Maluku, North Maluku,
and Sulawesi.

Internet Freedom.--According to International Telecommunication
Union statistics for 2009, approximately 12 percent of the country's
inhabitants used the Internet.
The 2008 Information and Electronic Transaction Law, meant to
combat online crime, pornography, gambling, blackmail, lies, threats,
and racism, prohibits citizens from distributing in electronic format
any information that is defamatory, and punishes transgressors with a
maximum of six years in prison or a fine of one billion rupiah
($110,000) or both. The Information and Communication Ministry Web site
offered free software to block Web sites with adult content.
The minister of information requested Internet service providers to
block access to pornographic Web sites starting on August 11, the first
day of the month of Ramadan. On September 27, the minister requested
citizens report pornographic Web sites to the Government, in order to
block them.
Internet cafes are required to provide the identities of Internet
users to a government agency on a monthly basis.

Academic Freedom and Cultural Events.--In 2008 the DPR passed an
antipornography bill. Critics considered its definition of pornography
too broad and feared it could be used to justify attacks on artistic,
religious, and cultural freedom. The bill includes provisions that
allow citizens to ``supervise'' adherence to the law. In February 2009
the Constitutional Court began consideration of a complaint the law
violates freedom of religion and expression tenets of the constitution.
On March 25, the Constitutional Court held that the antipornography
bill did not violate the constitution.
During the year the Government-supervised Film Censorship Institute
continued to censor domestic and imported movies for content deemed
pornographic or religiously offensive. As recently as December 2009,
politically sensitive films also were censored; however, no films were
banned during the year.
On October 14, the Constitutional Court struck down a long-standing
law that gave the AGO the authority to ban written material, deeming it
unconstitutional. In its decision, the Constitutional Court stated the
AGO still maintains the authority to monitor written material and to
request a court order to ban written material.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly, and the Government
generally respected this right. The law generally does not require
permits for social, cultural, or religious gatherings; however, any
gathering of five or more persons related to political, labor, or
public policy requires police notification, and demonstrations require
a permit. In general these permits were granted routinely.
During the year police arrested participants in peaceful
demonstrations that included the display of illegal separatist symbols
(see section 2.a.).
During the year there were a number of large demonstrations
throughout Papua. Demonstrators complained of police overreaction and
undue use of force; police said demonstrators initiated the violence by
throwing rocks and employing traditional weapons such as arrows and
spears. Police broke up a demonstration in Manokwari, West Papua, on
April 22, claiming demonstrators had not obtained proper permits. On
August 2, police broke up another demonstration in Manokwari due to
permit issues.
On September 27, police arrested 30 activists peacefully protesting
the Government's failure to implement an ad-hoc tribunal to investigate
cases of disappearances as recommended by parliament in 2009 (see
section 1.b.). Police held the activists for several hours at a police
station before releasing them.

Freedom of Association.--The law provides for freedom of
association, and the Government generally respected it in practice. The
People's Consultative Assembly banned the Indonesia Communist Party
(PKI) in 1966. In previous years persons accused of being affiliated
with the PKI were barred from the civil service and given special
numbers on their national identity cards.
Members of Ahmadiyya have not held any national conferences since
2008, when the Bali police refused to issue them a permit.

c. Freedom of Religion.--For a description of religious freedom,
please see the Department of State's 2010 International Religious
Freedom Report at www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution allows the
Government to prevent persons from entering or leaving the country. The
Law on Overcoming Dangerous Situations gives military forces broad
powers in a declared state of emergency, including the power to limit
land, air, and sea traffic; however, the Government did not use these
powers. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
Citizens enjoyed freedom of movement within the country and, with
few exceptions, were able to travel outside the country. During the
year the Government continued to restrict freedom of movement for
foreigners to Papua through a system of ``travel letters,'' but
enforcement was inconsistent.
The Government prevented at least 356 persons from leaving and 528
from entering the country during the year. The immigration office
prevented these departures at the request of the police, the AGO, the
Anticorruption Commission (KPK), and the Department of Finance. Some of
those barred from leaving were delinquent taxpayers, convicted or
indicted persons, individuals implicated in corruption cases, and
persons otherwise involved in legal disputes.
The constitution prohibits forced exile, and the Government did not
use it. In May the Government restored the citizenship of OPM founder
Nicholas Jouwe who returned to the country after 40 years of self-
imposed exile.

Internally Displaced Persons (IDPs).--In March 2009 the Internal
Displacement Monitoring Center reported there were between 70,000 and
120,000 IDPs in the country. Many were displaced due to natural
disasters, but there were also persons in Papua and West Papua
displaced by clashes between the security forces and OPM. According to
the Aceh Recovery Body, only 1,500 IDPs remained in Aceh. According to
the International Organization for Migration (IOM), IDPs from the
September 2009 West Sumatra earthquake have largely returned to their
homes. In the aftermath of the 2008 mudflow in Porong, all mudflow
refugees left the Porong Market Camp and were staying in temporary
houses or rented houses while awaiting full compensation payments. In
July Porong Market started to operate as a market again. The Government
permitted domestic and international humanitarian organizations to
access IDP-hosting areas and to assist IDPs. The Government did not
attack or target IDPs or forcibly return or resettle IDPs under
dangerous conditions. IDPs generally struggled with poor housing, food
insecurity, poor access to land, and limited access to education and
other basic services, according to the Internal Displacement Monitoring
Center.

Protection of Refugees.--The country's law does not provide for the
granting of asylum or refugee status, and the Government has not
established a system for providing protection to refugees. In practice
the Government provided some protection against the expulsion or return
of refugees to countries where their lives or freedom would be
threatened on account of their race, religion, nationality, membership
in a particular social group, or political opinion. There were varying
estimates of the number of refugees and asylum seekers in the country.
Through the end of September, the UNHCR recognized 557 refugees and
2,882 asylum seekers. The IOM estimated 1,404 refugees or asylum
seekers. The Government reported 1,642 refugees or asylum seekers. Some
were applicants, and others were dependents. Most were from Sri Lanka,
Iraq, Afghanistan, or Burma.
The Government prohibited refugees from working and accessing
public elementary education.
During the year the Government reportedly agreed to release nearly
200 UNHCR-registered refugees in detention centers into the care of
IOM.
Approximately 75,000 ex-East Timorese refugees resided in West
Timor. During 2005-09, the Government provided 11,000 houses for 55,000
former refugees in Kupang, Timor Tengah Selatan, Timor Tengah Utara,
and Belu regencies. Approximately 500 families remained in a shelter in
Kupang. Conflicts, mostly involving land disputes, between local people
and former refugees sometimes occurred.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections held on the basis of universal
suffrage.
The constitution provides for national elections every five years.
DPR members automatically are members of the People's Consultative
Assembly, a fully elected body consisting of the 550 DPR members and
128 members of the House of Regional Representatives (DPD).

Elections and Political Participation.--In July 2009 President
Yudhoyono was reelected overwhelmingly in generally free and fair
elections.
In April 2009 the country conducted its third democratic
legislative elections. These were a complex affair with voters
receiving ballots for the DPR, the DPD, provincial parliaments, and
regency and city councils. Thirty-eight national parties competed in
the elections, with an additional six parties in Aceh Province only.
Irregularities occurred, requiring 245 reruns in 10 provinces.
Observers concluded the vast majority of irregularities involved
logistical difficulties (primarily due to faulty voter list data)
rather than malfeasance. Some violence and intimidation also marred the
legislative election campaign in Aceh, Papua, and West Papua. In
general, domestic and foreign observers found the elections free and
fair.
Parties were required to win a minimum of 2.5 percent of the
national vote to qualify for a seat in the DPR. Nine parties met this
threshold and won seats in parliament. There was a delay in final
legislative seat allocations, because the Constitutional Court, the
Supreme Court, and the National Election Commission had different
allocation systems; the Constitutional Court's ruling prevailed. The
top three vote getters were secular, nationalist parties, followed by
the four largest Islamic-oriented parties. President Yudhoyono's
Democrat Party won a plurality of seats, while then-Vice President
Kalla's Golkar Party finished in second place. The major opposition
party, the Indonesia Democratic Party-Struggle, led by Megawati
Sukarnoputri, finished in third place.
All adult citizens, age 17 or older, are eligible to vote except
active members of the military and the police, convicts serving a
sentence of five years or more, persons suffering from mental
disorders, and persons deprived of voting rights by an irrevocable
verdict of a court of justice. Married juveniles are legally adults and
allowed to vote.
In 2007 the Constitutional Court ruled independent candidates could
run for local office and that a political party's nomination was not
required.
During the year there were 244 regional elections scheduled; there
were also elections for seven governors and 237 mayors/regents. In
August, of 57 candidates not identified with a political party, only
one was victorious, in the district of Sidoarjo, East Java.
During the year the Constitutional Court received 230 requests to
adjudicate election disputes. Of these, 224 were decided, with 26
rulings in favor of complainants. As a result of the decisions, there
were election reruns in Surabaya, Manado, and Merauke. In addition, the
court called for election reruns in Mandailing Natal and in South
Tangerang City. At year's end six cases were pending.
In a few isolated cases, local elections led to civil disturbances.
For example, on May 21, supporters of a candidate disqualified because
he had not passed a required medical examination rioted in Mojokerto,
East Java. The rioters attacked official buildings and burned dozens of
official cars. Thirteen persons were injured. Despite this incident,
the June 7 election went smoothly.
In other cases, on June 1, supporters of a disqualified candidate
for regent burned ballots and ballot boxes in seven district offices in
Toli-Toli, Central Sulawesi. On June 8, approximately 400 supporters of
a losing candidate clashed with police personnel and threw stones at
the election commission office in Bima, West Nusa Tenggara. The crowd
also destroyed a political party's office and burned a car. Clashes
broke out again on June 14, injuring dozens of persons.
In South Sulawesi, on June 23, thousands of persons threw stones
and destroyed the election commission office in Tana Toraja, claiming
the election commission was not neutral. They also burned ballot
papers, burned cars, and destroyed four district offices, the speaker
of the local parliament's residence, the election monitoring board's
office, and the Golkar office. On June 26, thousands of supporters of
six losing candidates rioted in Soppeng. They burned the election
commission's office, burned dozens of ballot boxes, and destroyed four
district offices. Also on June 26, an unidentified group of people
threw Molotov cocktails at the Tanralili district office in Maros
following local elections in this regency. A clash also broke out on
the same day between supporters of two candidates in Gowa. No
casualties were reported in this clash.
There are no legal restrictions on the role of women in politics. A
law on political parties mandated that women make up 30 percent of the
founding members of a new political party. An election law, which
included a nonbinding clause for parties to select women for at least
30 percent of the candidate slots on their party lists, ensured parties
put forward more women candidates. The Constitutional Court invalidated
this clause when it struck down the law and ruled voters for the first
time could directly elect their representatives, regardless of their
position on party lists. The number of women in parliament increased
significantly, from 11 percent to 18 percent of the DPR seats in the
April 2009 elections. During the year women held five of 37 cabinet-
level positions.
At the provincial level, there was one female governor and one vice
governor. Women held disproportionately few leadership positions in
local government in some provinces; for example, in Aceh the highest
position held by a woman was that of deputy mayor, in the city of Banda
Aceh.
Women played an increasingly important political role in East Java.
The number of female members of the Surabaya city parliament increased
from four in the previous parliament to 15, or 30 percent of the total.
In the East Java provincial parliament, the female members of
parliament increased from 16 percent to 19 percent of the total. More
women also became regents and mayors in East Java, such as the regent
of Tuban, the regent of Banyuwangi, and the Surabaya mayor.
With the exception of Aceh Province, where non-Muslims were
effectively blocked from political office by a requirement that all
candidates must demonstrate their ability to read the Qur'an in Arabic,
there were no legal restrictions on the role of minorities in politics.
There were no official statistics on the ethnic backgrounds of
legislators in the DPR. President Yudhoyono's cabinet consisted of a
plurality of Javanese, with others being of Sundanese, Bugis, Batak,
Acehnese, Papuan, Balinese, and Chinese heritage.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented these laws effectively. Despite
the arrest and conviction of many high-profile and high-powered
officials, there was a widespread domestic and international perception
that corruption was a part of daily life. Both the KPK and the AGO
under the deputy attorney general for special crimes have jurisdiction
over investigation and prosecution of corruption cases. During the year
the KPK conducted 62 inquiries, 55 investigations, and 55 prosecutions.
As a result of the KPK's prevention and prosecutorial activities, it
recovered a total of approximately 170 billion rupiah (approximately
$18.8 million) in state assets. In addition, it prevented the loss of
more than 500 billion rupiah ($55.5 million) in state assets, according
to the KPK's annual report. Between January and November, the AGO
reported recovering 354.6 billion rupiah ($34.9 million).
Widespread corruption throughout the legal system continued. Bribes
and extortion influenced prosecution, conviction, and sentencing in
civil and criminal cases. During the year the National Ombudsman
Commission reported receiving 160 complaints of judicial corruption
involving judges, clerks, and lawyers. Key individuals in the justice
system were accused of accepting bribes and of turning a blind eye to
other government offices suspected of corruption. Legal aid
organizations reported cases often moved very slowly unless a bribe was
paid.
As a result of an independent fact-finding team's investigation,
President Yudhoyono formed a Task Force to Eradicate Judicial Mafia to
investigate the network of case brokers and influence peddlers who act
as intermediaries in judicial cases. As of December 9, the task force
had received 3,483 complaints, with 667 cases related to land rights
issues; 397 cases related to corruption, collusion, and nepotism; 262
cases of fraud and embezzlement; and 135 cases of extortion, bribery,
abuse of authority, and document forgery.
Police commonly extracted bribes ranging from minor payoffs in
traffic cases to large bribes in criminal investigations. Corrupt
officials sometimes subjected migrants returning from abroad,
particularly women, to arbitrary strip searches, theft, and extortion.
On September 1, the KPK named 25 suspects, primarily former and
current members of parliament, as suspects in a bribery case related to
vote buying during the 2004 selection of the Bank of Indonesia's senior
deputy governor. At the end of the year, however, they had not
questioned Nunun Nurbaeti, who allegedly distributed billions of rupiah
in traveler's checks to buy votes to help elect Miranda Goeltom.
On March 31, Gayus Tambunan, a tax directorate official, was
arrested in Singapore on corruption charges. Gayus allegedly bribed
police, prosecutors, and a judge during an investigation of his case in
tax court. Following his arrest, police investigated and arrested
several persons in the police Criminal Investigations Division (CID).
Following this arrest, Gayus allegedly bribed prison officials to
obtain temporary release from prison on a number of occasions and
reportedly led an active social life including international travel.
On May 10, police arrested Susno Duadji, fomer head of the CID, on
suspicion of involvement in several corruption cases.
On August 4, the Supreme Court found As'ad Syam, regent of
Muarojambi during the 1999-2004 period, guilty of corruption in the
misuse of the regional government budget and sentenced him to four
years' imprisonment.
Anticorruption reform appeared to have become a tool in a political
power struggle with legislators and others criticizing members of
President Yudhoyono's administration over the 2008 bailout of Bank
Century. At year's end neither the KPK nor other investigators had
found any evidence of fraud on the part of the Government in the
bailout. KPK leadership continued to come under attack during the year,
in particular deputy commissioners Bibit Samad Rianto and Chandra M.
Hamzah.
By law, senior government officials, as well as other officials
working in certain agencies, are required to file financial disclosure
reports.
On April 30, the 2008 Freedom of Information Act, which grants
citizens access to governmental information and provides mechanisms
through which citizens can obtain such information, came into effect.
The law allows for a protected class of ``secret'' information,
including information on: state defense and security; law enforcement
investigation and activities; public officials; and business interests
of state-owned enterprises. At year's end many government entities were
unprepared to implement the law.
The Alliance of Independent Journalists reported no problems for
the media in obtaining unclassified public documents from the
Government.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Domestic human rights organizations operated throughout the country
and actively advocated for improvements to the Government's human
rights performance; the Government met with local NGOs, responded to
their inquiries, and took some actions in response to NGO concerns.
However, some government officials, particularly in Papua, subjected
the organizations to monitoring, harassment, and interference as well
as threats and intimidation. Activists said intelligence officers took
their pictures surreptitiously and sometimes questioned their friends
and family members regarding their whereabouts and activities.
On July 8, unidentified persons assaulted Tama Langkun, an activist
with Indonesia Corruption Watch who was investigating a police
corruption case. At year's end, police had made no arrests related to
this case.
Other human rights and anticorruption activists reported
threatening messages and other intimidation.
The Government generally viewed outside investigations or foreign
criticism of its human rights record as interference in its internal
affairs. The security forces and intelligence agencies tended to regard
with suspicion foreign human rights organizations, particularly those
operating in conflict areas. Government monitoring of foreigners
occurred in conflict areas. Some domestic human rights organizations
expressed concern about the possible negative consequences of
contacting foreigners.
A number of government agencies and affiliated bodies addressed
human rights problems, including the Ministry of Law and Human Rights,
the Ministry of Foreign Affairs, the Ministry of Women's Empowerment,
the National Commission on Violence Against Women (Komnas Perempuan),
and Komnas HAM. In 2008 the AGO rejected Komnas HAM's recommendations
to file charges in four incidents dating from 1998 to 2004 including
Wamena-Wasior, Trisakti, Semanggi I and II, and forced disappearances.
In September 2009 the DPR approved the formation of an ad hoc
tribunal that could investigate and prosecute the disappearance of
human rights activists. Twenty-four human rights activists and students
disappeared between 1997 and 1998; 10 later resurfaced, accusing the
military of kidnapping and torture. One body was found, and 13
activists remained missing. However, parliament failed to approve
action regarding other cases of human rights violations that occurred
before 2000. By year's end the Government had not established this
tribunal.
Although the 2006 Law on the Government of Aceh states a human
rights court would be established in Aceh, it was not established by
year's end.
In 2008 the Commission on Truth and Friendship (CTF), established
by the Governments of Indonesia and Timor-Leste in 2005 to address
human rights violations committed in Timor-Leste in 1999, delivered its
final report to the two governments' presidents. The report recognized
gross violations of human rights occurred prior to and immediately
after the popular consultation in East Timor in 1999. The report's
recommendations for Indonesia included a human rights training program
emphasizing that the military remain neutral in political controversies
and elections and enhanced authority for institutions charged with
investigation and prosecution for human rights violations. The
Government disseminated the CTF recommendations within the Government,
and a variety of ministries began carrying out the recommendations.
The Indonesian judicial processes either acquitted or eventually
overturned all convictions of Indonesian defendants--two Indonesians of
Timorese descent served some jail time for crimes in 1999--despite
overwhelming evidence that Indonesian civilians and security forces
committed gross human rights violations. An estimated 300 Indonesians
indicted by the UN-Timor-Leste Serious Crimes Unit remained in
Indonesia.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution does not explicitly prohibit discrimination based
on gender, race, disability, language, or social status. It provides
for equal rights for all citizens, both native and naturalized.
However, in practice the Government sometimes failed to defend these
rights.

Women.--Reliable nationwide statistics on the incidence of rape
continued to be unavailable. The legal definition of rape is narrow and
excludes marital rape. Light sentences continued to be a problem. Rape
is punishable by four to 14 years in prison, and the Government
imprisoned perpetrators for rape and attempted rape; however, many
convicted rapists were given the minimum sentence.
The law prohibits domestic abuse and other forms of violence
against women. However, domestic violence was a problem. Violence
against women remained poorly documented by the Government. Nationwide
figures were unavailable. Officials from the Ministry of Women
Empowerment stated that 11,469 cases of violence against women were
reported from 20 provinces during the year. Most NGOs working on women
and children's issues believed the real figure was far higher, noting
the tendency of many victims to keep silent. Komnas Perempuan reported
domestic violence was the most common form of violence against women.
Social pressure forced many women not to report spousal abuse.
Through the month of October, the Women's Legal Aid Foundation received
722 complaints of spousal abuse, including rape and sexual harassment.
Two types of crisis centers were available for abused women:
government-run centers in hospitals and NGO centers in the community.
Nationwide the police operated ``special crisis rooms'' or
``women's desks'' where female officers received criminal reports from
female and child victims of sexual assault and trafficking and where
victims found temporary shelter.
According to NGOs, some female genital mutilation (FGM) of women
over the age of 18 occurred. A Ministry of Health decree forbids
medical personnel from performing such procedures; however, this did
not affect traditional circumcisers and birth attendants, who did most
female circumcisions.
International sex tourism and child sex tourism continued,
especially on the islands of Batam and Karimun and in major urban
centers across the country.
Although not explicitly mentioned, sexual harassment is against the
law and is actionable under the criminal code.
The Government recognizes the right of individuals and couples to
choose the number, spacing, and timing of children. Although the
Government subsidized and provided access to contraception throughout
the country, women were sometimes denied the opportunity to select the
contraceptive methods best suited to their needs or preferences,
according to a November Amnesty International report. The report
indicated that unmarried women in particular were not provided adequate
access to contraceptives. According to NGOs, 55 percent of married
women used contraception. According to the 2007 Demographic and Health
Survey, 93 percent of women received medical prenatal care. The
maternal mortality ratio according to 2008 UN statistics was 240 per
100,000 live births. Informed sources believed that 79 percent of women
had skilled birth attendants at delivery and 32 percent received
prenatal or postnatal obstetric care. Government policy provides that
women and men had equal access to diagnosis and treatment for sexually
transmitted infections, including HIV.
The law states that women have the same rights, obligations, and
opportunities as men; however, it also states that women's
participation in the development process must not conflict with their
role in improving family welfare and educating the younger generation.
The marriage law designates the man as the head of the family. Women in
many regions of the country, particularly in Papua, complained about
differential treatment based on gender.
Divorce is available to both men and women. Many divorcees received
no alimony, since there was no system to enforce such payments. If
there is no prenuptial agreement, joint property is divided equally.
The law requires a divorced woman to wait 40 days before remarrying; a
man can remarry immediately. The Government continued to implement
Sharia in Aceh. The impact of this implementation varied across the
province but, continuing the pattern of the last few years, in general
appeared to be less intrusive due to improved government oversight of
the Sharia police. The most visible impact on women's rights appeared
to be the enforcement of dress codes. It was not uncommon for Sharia
police to briefly stop and lecture women whose dress did not conform to
local Sharia requirements on appropriate attire.
Local governments and groups in areas outside Aceh also undertook
campaigns to promote conformity by women with the precepts of Sharia.
Local regulations in some areas mandated the wearing of Islamic dress
by government employees. Vigilance in enforcing separation of sexes,
fasting, and dress codes increased during Ramadan.
Women faced discrimination in the workplace, both in hiring and in
gaining fair compensation; however, there has been progress in that
area. According to International Labor Organization (ILO) reports,
women's hourly wages as a percentage of men's wages increased from 78
percent in 2004 to 83 percent in 2008. Women in administrative and
managerial jobs reportedly earned more than their male counterparts in
2008. However, women were still underrepresented at the managerial
level. According to the Government, women constituted 43 percent of all
civil servants but less than 7 percent of senior officials. Some
activists said that in manufacturing, employers relegated women to
lower-paying, lower-level jobs. Like their male counterparts, many
female factory workers were hired as day laborers instead of as full-
time permanent employees, and companies were not required to provide
benefits, such as maternity leave, to day laborers. By law, if both
members of a couple worked for a government agency, the couple's head-
of-household allowance was given to the husband.
Jobs traditionally associated with women continued to be
significantly undervalued and unregulated. For example, domestic labor
receives little legal protection. Under the labor law, domestic workers
are not provided with a minimum wage, health insurance, freedom of
association, an eight-hour work day, a weekly day of rest, vacation
time, or safe work conditions. Consequently, as reported by NGOs,
abusive treatment and discriminatory behaviour continued to be rampant.

Children.--Citizenship is acquired primarily through one's parents;
however, it can be acquired through birth in national territory.
Although the law provides for free birth registration, it was not
enforced, and approximately 30 percent of citizen births were not
registered. Without birth registration, families may face difficulties
in accessing government-sponsored insurance benefits and enrolling
children in schools. It was often impossible to be certain of a child's
age, and ages were falsified on identity cards, sometimes with the
cooperation of government officials.
Although the law provides for free education, in practice most
schools were not free of charge, and poverty put education out of the
reach of many children. By law children are required to attend six
years of elementary school and three years of junior high school;
however, in practice the Government did not enforce these requirements.
Although girls and boys received equal educational opportunities, boys
were more likely to finish school.
Some provinces and districts, such as South Sumatra Province and
Serdang Bedagai District in North Sumatra Province, have local policies
for compulsory education for 12 years or up to senior secondary.
The national government provided educational assistance to 2.2
million of the 26 million elementary school students, 10 percent of
whom were from poor families. The Government categorized as poor a
person earning 250,000 rupiah ($28) or less per month.
Child labor and sexual abuse were serious problems. According to
the National Commission for Child Protection (Komnas Perlindungan Anak)
estimates, between 70,000 and 90,000 children were victims of sexual
abuse during the year. The Child Protection Act addresses economic and
sexual exploitation of children as well as adoption, guardianship, and
other issues; however, some provincial governments did not enforce its
provisions. Child abuse is prohibited by law, but government efforts to
combat it generally continued to be slow and ineffective. NGOs reported
excessively long waits to bring a child rape case to court and unclear
mechanisms for reporting and dealing with child abuse.
FGM was practiced in many parts of the country, and there are no
laws specifically banning the practice. Complications from the FGM
surgical procedures reportedly were minimal. Some NGO activists
dismissed any claims of mutilation, saying the ritual as practiced in
the country was largely symbolic. In 2007 the minister of women's
empowerment called for a complete ban of the practice. In 2006 the
Ministry of Health banned FGM by doctors and nurses. However, symbolic
female circumcisions that did not involve physical damaging of the
child could be carried out, and violators of the ban did not face
prosecution. According to NGOs, the practice remains prevalent in the
country. NGO activists said that female circumcision was seen as a
religious duty.
The legal distinction between a woman and a girl was not clear. The
law sets the minimum marriageable age at 16 for a woman (19 for a man),
but the Child Protection Law states persons under age 18 are children.
A girl who marries has adult legal status. Girls frequently married
before reaching the age of 16, particularly in rural and impoverished
areas.
According to ILO data from 2007, there were 21,000 child
prostitutes in Java. Nationally, the ILO estimated 40,000 to 70,000
children were the victims of sexual exploitation. Many teenage girls
were forced into prostitution, often through debt bondage. NGOS and
government officials believe the number is rising.
Although government policy was not to detain or imprison victims of
child sexual exploitation, some victims reportedly were treated as
criminals and penalized for prostitution activities. Corrupt civil
servants issued falsified identity cards to underage girls,
facilitating entry into the sex trade. There also were reports of
sexual exploitation of boys. The country was a destination for child
sex tourism. During the year NGOs reported that pedophile rings
continued to operate in Bali. NGO observers said many girls were forced
into prostitution after failed marriages entered into when they were 10
to 14 years of age. There was no obvious violation of the law because
their paperwork identified them as adults due to the fact that they
were once married.
Wahana Visi, an NGO in Surabaya, found that most of the 300
children living in the Dolly prostitution area in Surabaya experienced
abuse and violence. The East Java Integrated Service Center recorded
253 cases of violence against children in 2009 and 149 cases between
January and June.
Komnas Perlindungan Anak reported that during the year, it received
2,335 complaints regarding cases of violence against children.
In a February survey of 736 street children in Jakarta and Depok by
the Ministry of Social Affairs, 14 children admitted they have been
victims of sexual abuse, 31 had been raped, and 175 suffered physical
abuse. The ministry estimated there were 230,000 street children, and,
at least in some areas, the percentage of girls among street children
seemed to be growing.
According to Komnas Perlindungan Anak, 6.5 million children under
the age of 18 were working because of poverty.
There is no statutory rape law or an established age for consensual
sex. The 2008 Pornography Law prohibits child pornography and
establishes penalties.
Substantial numbers of street children were apparent in Jakarta and
the provinces of East Java, West Java, North Sumatra, and South
Sulawesi. At the end of the year, officials from the Ministry of Social
Affairs reported that there were at least 8,000 street children living
in Jakarta. East Java was home to more than 8,200 street children, many
reportedly susceptible to sexual abuse and violence. Approximately 40
shelters in the province provided services to such children. According
to the Ministry of Social Affairs, at the end of the year there were
1,030 children under the supervision of various rehabilitation centers
in Jakarta. The Government continued to fund other shelters
administered by local NGOs and paid for the education of some street
children.
A UN report found that juvenile detainees in prisons across Java
were subjected to harsh conditions. The report noted both police and
other inmates subjected children as young as 10 to severe physical
abuse. Although children were detained in juvenile detention centers,
due to the high number of detainees children frequently were mixed with
the general population in both jails and prisons, increasing the
potential for abuse.
During the year the Directorate General of Corrections reported
that there were 2,054 children in the prison and detention center
population. NGOs reported that the Government paid little attention to
the rights of juvenile offenders. Juveniles were held in the same
detention facilities as adults during pretrial and trial phases of
detention and frequently experienced abuse while in detention.
According to the Government, 5,760 children received jail sentences
during the year.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/country/country--3781.html.

Anti-Semitism.--The Jewish population was extremely small. On June
6, demonstrators gathered outside the Beth Hashem synagogue in
Surabaya, East Java, to protest Israeli government actions related to
the Gaza relief flotilla incident. Protesters burned the Israeli flag
and tried unsuccessfully to enter the synagogue. There were no injuries
or damage to the synagogue. Although the Government promoted tolerance
education in primary schools, there was no specific curriculum devoted
exclusively to anti-Semitism education.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The Government classifies persons with
disabilities into three categories: physically disabled, intellectually
disabled, and physically and intellectually disabled. These categories
are further divided for schooling. The law prohibits discrimination
against persons with physical and mental disabilities in employment,
education, access to health care, or the provision of other state
services. The law also mandates accessibility to public facilities for
persons with disabilities; however, the Government did not enforce this
provision. The Government estimated that approximately 3.7 percent of
the population had a disability. However, one NGO found 16.8 percent of
the population in West Java had a significant hearing deficiency.
The Government restricts the rights of persons to vote or
participate in civil affairs by not enforcing accessibility laws.
Few buildings and virtually no public transportation facilities
were accessible to persons with disabilities. The law requires
companies that employ more than 100 workers to set aside 1 percent of
positions for persons with disabilities. However, the Government did
not enforce the law, and persons with disabilities faced considerable
discrimination.
In urban areas only a few city buses offered wheelchair access, and
many of those had their hydraulic lifts vandalized, rendering them
unusable. Few companies provided facilities for persons with
disabilities, and fewer companies employed such persons. Surabaya's
airport opened in 2006 and was not accessible for persons with
disabilities. Lack of funds was generally cited as the primary reason
for not improving accessibility.
Access to information and communications technology for persons
with disabilities is limited. The Government taxes hearing aids as
electronics, rather than medical equipment, making them prohibitively
expensive.
On September 15, Garuda Indonesia Airlines blocked Irwan Subena, a
blind passenger, from boarding his return flight from Makassar to
Denpasar.
In 2003 the Government stated the country was home to 1.3 million
children with disabilities; the actual number was believed to be much
higher. The law provides children with disabilities with the right to
an education and rehabilitative treatment. A government official
alleged many parents chose to keep children with disabilities at home;
however, many schools refused to accommodate such children, stating
they lacked the resources to do so. According to 2008-09 government
statistics, there were 1,686 schools dedicated to educating children
with disabilities, 1,274 of them run privately. According to NGOs, more
than 90 percent of blind children were illiterate. Some young persons
with disabilities resorted to begging for a living. Children with
disabilities were sent to separate schools, and mainstream education
was extremely rare. The country's universities did not offer a degree
in special education.
During the year NGOs reported that people with disabilities were
housed in care facilities in unsafe, dirty conditions throughout Riau
Province. The Government has taken no action.
The Ministry of Social Affairs is responsible for protecting the
rights of persons with disabilities. To date, they have taken no
actions to improve respect for the rights of persons with disabilities.

National/Racial/Ethnic Minorities.--The Government officially
promotes racial and ethnic tolerance. Ethnic Chinese accounted for
approximately 3 percent of the population, played a major role in the
economy, and increasingly participated in politics. However, some
ethnic Chinese noted that, despite recent reforms, public servants
still discriminated against them when issuing marriage licenses and in
other services and often demanded bribes for a citizenship certificate,
although such certificates were no longer legally required. A number of
articles of law, regulation, or decree discriminated against ethnic
Chinese citizens. NGOs such as the Indonesia Antidiscrimination
Movement urged the Government to revoke the remaining discriminatory
articles. Discussions of corruption on local blogs at times degenerated
into racial diatribes.

Indigenous People.--The Government viewed all citizens as
``indigenous''; however, it recognized the existence of several
``isolated communities'' and their right to participate fully in
political and social life. These communities include the myriad Dayak
tribes of Kalimantan, families living as sea nomads, and the 312
officially recognized indigenous groups in Papua. During the year
indigenous persons, most notably in Papua, remained subject to
widespread discrimination, and there was little improvement in respect
for their traditional land rights. Mining and logging activities, many
of them illegal, posed significant social, economic, and logistical
problems to indigenous communities. The Government failed to prevent
companies, often in collusion with the local military and police, from
encroaching on indigenous peoples' land. In Papua tensions continued
between indigenous Papuans and migrants from other provinces, between
residents of coastal and inland communities, and among indigenous
tribes.
Human rights activists asserted the Government-sponsored
transmigration program transplanting poor families from overcrowded
Java and Madura to less populated islands violated the rights of
indigenous people, bred social resentment, and encouraged the
exploitation and degradation of natural resources on which many
indigenous persons relied. In some areas, such as parts of Sulawesi,
the Malukus, Kalimantan, Aceh, and Papua, relations between
transmigrants and indigenous people were poor.
In Tarakan, East Kalimantan, tensions between migrant Bugis and
indigenous people turned violent; between September 26 and September
30, five persons died in communal fighting sparked by the death of an
indigenous person, reportedly at the hands of migrant Bugis.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The 2008 Pornography Law bans
gay and lesbian sex. In addition, local regulations across the country
criminalize gay and lesbian sex. According to NGOs, many persons
characterized lesbian, gay, transgender, and bisexual (LGBT) issues as
socially taboo. The Government took almost no action to prevent
discrimination against LGBT persons, and in some cases failed to
protect LGBT individuals from societal abuse. Police corruption, bias,
and violence caused LGBT individuals to avoid interaction with police.
Sharia police in Aceh reportedly harassed transgender individuals. NGOs
reported LGBT individuals were sometimes ostracized by religious
groups, family members, and the general public.
LGBT organizations and NGOs operated openly. However, certain
religious groups sporadically disrupted LGBT gatherings, and
individuals were sometimes victims of police abuse.
On March 26-28, hundreds of activists from a number of hard-line
Muslim groups, including the Islamic Defenders Front (FPI), disrupted
an international LGBT conference in Surabaya, forcing their way into
the hotel hosting the conference. Local police refused to issue a
permit to the conference organizers in the face of hard-line
opposition. The hard-line groups then forced the cancellation of the
conference by forcing entry and occupying the hotel where the
conference was being held.
On April 30, members of FPI disrupted training for transgender
activists conducted by the National Human Rights Commission (Komnas
HAM).
Throughout May and June, LGBT organizations across the country
commemorated the International Day Against Homophobia. Organizers held
public discussion groups, marched, and engaged in other activities
raising awareness of LGBT issues. However, local officials and groups
forced the cancellation of at least one event. After threats from FPI,
organizers in Yogyakarta cancelled an open-air concert scheduled for
May 22. Organizers in Surabaya opted not to hold a parade in the wake
of a disrupted conference in March.
Protesters from FPI and local universities disrupted an
internationally supported LGBT film festival in Jakarta in September.
Mainstream Islamic organizations, including the head of the Indonesian
Council of Ulema, also condemned the festival.
NGOs documented instances of government officials not issuing
identity cards to LGBT individuals.

Other Societal Violence or Discrimination.--Stigma and
discrimination against persons with HIV/AIDS were pervasive. However,
government policy encouraged tolerance, took steps to prevent new
infections, and provided free antiretroviral drugs, although with
numerous administrative barriers. The Government position of tolerance
was adhered to unevenly at all levels of society; for example,
prevention efforts often were not aggressive for fear of antagonizing
religious conservatives, and in addition to barriers to access to free
antiretroviral drugs, potential recipients had to pay medical fees that
put the cost beyond the reach of many.
Section 7. Worker Rights

a. The Right of Association.--The law provides broad rights of
association for workers in the private sector but places restrictions
on organizing among public sector workers. Workers in the private
sector formed and joined unions of their choice without previous
authorization or excessive requirements. The law stipulates that 10 or
more workers have the right to form a union, with membership open to
all workers, regardless of political affiliation, religion, ethnicity,
or gender. To form a collective bargaining unit, a union must receive
the support of at least 50 percent of employees in an establishment.
The Ministry of Manpower and Transmigration records, rather than
approves, the formation of a union, federation, or confederation and
provides it with a registration number. In recent years some unions
reported local ministry offices prejudicially recommended denial of
registration.
To remain registered, unions must keep the Government informed
about changes in their governing bodies. The law allows the Government
to petition the courts to dissolve a union if it conflicts with the
state ideology (Pancasila) or the constitution. A union also may be
dissolved if its leaders or members, in the name of the union, commit
crimes against the security of the state and are sentenced to at least
five years in prison. Once a union is dissolved, its leaders and
members may not form another union for at least three years. There were
no reports that the Government dissolved any unions during the year.
Although the law recognizes civil servants' freedom of association
and right to organize, employees of several ministries may only form
employee associations, with more limited rights. In particular they do
not have the right to strike. Union organizations sought to organize
government employees, as well as state-owned enterprise (SOE)
employees, although they encountered resistance from enterprise
management, and the legal basis for registering unions in SOEs remained
unclear.
During the year, according to labor sources, 10 percent of workers
in the formal sector were trade union members, and more than 35 percent
of workers in the service sector belonged to unions. According to the
National Statistics Bureau, as of August the total workforce was 116.5
million workers, of whom 108.2 million were employed. Most union
members were permanent rather than contract workers. As of February the
National Statistics Bureau estimated that 65.6 percent of workers were
in the informal sector.
The right to strike is recognized but substantially restricted
under the law. Under the Manpower Development and Protection Act (the
Manpower Act), workers must give written notification to the
authorities and to the employer seven days in advance for a strike to
be legal, specifying the starting and ending time of the strike, venue
for the action, reasons for the strike, and including signatures of the
chairperson and secretary of the striking union. A ministerial
regulation declares illegal all strikes at ``enterprises that cater to
the interests of the general public or at enterprises whose activities
would endanger the safety of human life if discontinued.'' Types of
enterprises included in this classification are not specified, leaving
it to the Government's discretion. The same regulation also classifies
strikes as illegal if they are ``not as a result of failed
negotiations'' and gives employers' additional leeway to obstruct a
union's move to strike.
Before workers can strike, they must engage in lengthy mediation
with the employer and proceed to mediation facilitated by a government
mediator or risk having the strike declared illegal. Due in part to
cumbersome restrictions, strikes tended to be unsanctioned or
``wildcat'' strikes that broke out after a failure to settle long-term
grievances or when an employer refused to recognize a union. In the
case of an illegal strike, an entrepreneur may make two written appeals
within a period of seven days for workers to return. Workers who do not
respond to those appeals are considered to have resigned. Employers
commonly used such appeals as intimidation tactics against strikers.
The primary reasons for strikes during the year were 1) demand for
an increase in salary, 2) suspension of overtime payment and/or regular
salary, 3) unjust dismissal of workers, and 4) the illegal use of
contract workers. One notable ``wildcat'' strike occurred over the
disparity between the salaries of citizens versus foreign ``expert''
salaries. During the year workers staged protests in major cities
demanding companies pay into the national social security system, put
an end to corrupt business practices, and that the Government pass the
social-safety-net bill, which is under discussion in the parliament.

b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining and allows workers' organizations
that register with the Government to conclude legally binding
collective labor agreements (CLAs) with employers and to exercise other
trade union functions. The law includes some restrictions on collective
bargaining, including a requirement that a union or unions represent
more than 50 percent of the company workforce to negotiate a CLA. The
Manpower Act, which regulates collective bargaining, the right to
strike, and general employment conditions, does not apply to SOEs. At
year's end the Government continued to fail to issue implementing
regulations on the right to organize and bargain collectively.
According to the Manpower Ministry, approximately 25 percent of
companies with more than 10 employees had CLAs. Although most of these
agreements went beyond the legal minimum provisions set by the
Government, more than a third of employers reportedly violated the
terms of the CLA with relative impunity.
The law prohibits employment discrimination against union
organizers and members and provides penalties for violations; however,
in many cases the Government did not effectively enforce the law.
Employer retribution against union organizers, including dismissals and
violence, were not prevented effectively or remedied in practice. Some
employers threatened employees who made contact with union organizers.
Management singled out strike leaders for layoffs when companies
downsized. Legal requirements existed for employers to reinstate
workers fired for union activity, but, in many cases, the Government
did not enforce this effectively.
Legal procedures were lengthy, with antiunion discrimination cases
sometimes taking up to six years. Bribery and judicial corruption in
workers' disputes continued, and decisions often were not in workers'
favor. While dismissed workers may be compensated, they were rarely
reinstated. Companies sometimes transferred union leaders to jobs where
they could not continue their union activities. Managers in some
locations reportedly employed thugs to intimidate and assault trade
union members who attempted to organize legal strike actions, and at
times, the police intervened inappropriately and with force in labor
matters, usually to protect employers' interests.
Employees at the Surabaya Zoo established a labor union in June.
However, the zoo management attempted to stop the union from operating.
Police and forest rangers threatened the labor union members and tore
down the labor union's signboards. Labor activists received threats if
they continued to assist with unionization. One employee was fired for
her role in the establishment of the union. Only 70 out of Surabaya
Zoo's 200 employees have joined the labor union. Management reduced the
salary and benefits of those who joined the union.
In recent years employers have repeatedly filed criminal complaints
against union officers following failed collective bargaining
negotiations or lawful strikes. In a number of cases, union officers
were prosecuted and even served prison time for destruction of property
and interference with profits as a result of complaints brought by
employers. Some provisions in criminal law have aided these tactics,
such as a crime of ``unpleasant acts,'' which creates criminal
liability for a broad range of conduct. There were credible reports of
the police investigating or interrogating union organizers.
In August hundreds of workers from the Indonesian Metal Labor Union
Federation (FSPMI) from Mojokerto, Sidoarjo, and Pasuruan held a
demonstration in front of the Pasuruan Police office demanding police
drop a criminal case filed against FSPMI board members Pujianto and
Jazuli. In 2008 PT. Sri Rejeki in Pasuruan reported Pujianto and Jazuli
to the police for defamation. On September 8 and September 21, the
Bangil State Court in Pasuruan began Pujianto and Jazuli's trial.
The increasing trend of using contract labor directly affected
unions' right to organize and bargain collectively. Under the Manpower
Act, contract labor is to be used only for work that is ``temporary in
nature.'' However, according to an International Trade Union
Confederation report, many employers violated these provisions,
sometimes with the assistance of local offices of the Manpower
Ministry. In these cases, companies declared bankruptcy in order to
avoid severance payments provided for under law, closed the factory for
several days, and then rehired workers as contract labor at a lower
cost. Union leaders and activists usually were not rehired. Labor
courts have ruled in favor of workers who filed either for compensation
or to be rehired. In most cases, however, the company has appealed to
the Supreme Court where the labor court's decisions have been
overturned.
Labor activists claimed companies orchestrate the formation of
multiple unions, including ``yellow'' unions, to weaken legitimate
unions. During the year 16 percent of companies with unions had more
than one union. In these companies, 42 percent of the employees
reported that the employer did not treat all of the unions with equal
respect and that the employer gave better treatment to workers who were
members of a union controlled by the company (38 percent).
There are no special laws or exemptions from regular labor laws in
special economic zones (SEZs). However, reportedly there were stronger
antiunion sentiments and actions by employers in SEZs. For example,
employers in the Batam SEZ tended to hire labor on two-year contracts
and favored workers under 24 years of age, in part to inhibit union
formation.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor; however, there were credible reports that
such practices occurred, including forced and compulsory labor by
children (see section 7.d.). Forms of forced exploitation included
domestic servitude, commercial sexual exploitation, and forced labor in
the mining, fishing, and agricultural sectors.
At year's end the Government was still renegotiating the 2006
memorandum of understanding (MOU) with the Government of Malaysia about
Indonesian workers' conditions in Malaysia. The MOU ceded some basic
worker rights to employers, particularly the right of workers to hold
their own passports and the guarantee of a minimum wage.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
Manpower Act establishes 15 as the minimum age for work and prohibits
children under the age of 18 from working in hazardous sectors.
Children 13 to 15 years of age may work no more than three hours per
day and only under a number of other conditions, such as parental
consent, no work during school hours, and payment of legal wages. A
strong legal framework and National Action Plans address economic and
sexual exploitation, including child prostitution, child trafficking,
and the involvement of children in the narcotics trade, and provide
severe criminal penalties and jail terms for persons who violate
children's rights. However, the Government did not enforce these laws
effectively.
An estimated six to eight million children exceeded the legal
three-hour-daily work limit, working in agriculture, street vending,
mining, clothing manufacture, prostitution, and other areas.
Children worked in agriculture primarily on palm oil, tobacco,
rubber, tea, and marijuana plantations. Children also worked in
fisheries, manufacturing (such as cottage factory footwear production,
textiles, cigarette production), logging, toy making, food processing
(e.g., bird-nest gathering), and in the small-scale mining sector.
Other children work in the informal sector selling newspapers, shining
shoes, street vending, scavenging, and working with their parents in
family businesses or cottage industries.
A domestic worker advocacy group estimated that there were four
million domestic workers in the country, of whom at least 1.3 million
were under age 18. Many domestic workers were not allowed to study and
were forced to work long hours, received low pay, and generally were
unaware of their rights.
The law and regulations prohibit forced labor by children; however,
the Government was not effective in eliminating the practice, which
remained a problem. A significant number of children worked against
their will in prostitution, pornography, begging, drug trafficking,
domestic service, and other exploitive situations, including a small
number on fishing platforms. For information on forced child labor,
also see the Department of State's annual Trafficking in Persons Report
at www.state.gov/g/tip.
Despite legislative and regulatory measures, most children who
worked, including as domestics, did so in unregulated environments.
Anecdotal evidence suggested that local labor officials did not
investigate the workplaces of child domestic workers and carried out
few child labor investigations in factories.
At the end of 2008, the International Labor Organization-
International Program for the Elimination of Child Labor Jakarta, in
collaboration with various local universities/research institutes,
conducted baseline surveys in a number of localities in North Sumatra,
Lampung, and East Java. The surveys identified 3,396 children ages
seven to 17 years who were engaged in plantation work (palm oil,
rubber, tobacco, coffee, coconut), of whom 28 percent were age 12 years
and below and 52 percent were not in school.

e. Acceptable Conditions of Work.--The minimum wage levels set by
most local governments did not provide a worker and family with a
decent standard of living. Most province-level minimum wage rates fell
below the Government's own calculation of basic minimum needs. During
the year Papua offered the highest minimum wage at 1.1 million rupiah
(approximately $120) per month, while the Manpower Ministry reported
official minimum wages as low as 500,000 rupiah ($60) per month in East
Java.
Local manpower officials were responsible for enforcing minimum
wage regulations. Enforcement remained inadequate, particularly at
smaller companies. There is no enforcement of the minimum wage in the
informal sector. Labor law and ministerial regulations provide workers
with a variety of benefits, but it was estimated that, aside from
government officials, only 10 percent of workers received social
security benefits. Persons who worked at foreign-owned companies often
received health benefits, meal privileges, and transportation. The law
also requires employers to register workers with and pay contributions
to the state-owned insurance agency, which was rarely done.
The law establishes a 40-hour workweek, with one 30-minute rest
period for every four hours of work. Companies often required a five-
and-a-half- or six-day workweek. The law also requires at least one day
of rest weekly. The daily overtime rate was 1.5 times the normal hourly
rate for the first hour and twice the hourly rate for additional
overtime, with a maximum of three hours of overtime per day and no more
than 14 hours per week. Unions complained that companies relied upon
excessive overtime in some garment and electronics assembly plants, to
the detriment of workers' health and safety. Observance of laws
regulating benefits and labor standards varied by sectors and regions.
Employer violations of legal requirements were fairly common, sometimes
resulting in strikes and protests. The American Center for
International Labor Solidarity reported workers in the garment industry
worked extremely long hours, but because their pay slips did not
specify the amount of overtime paid, they could not be certain they
were fully compensated for overtime. The Manpower Ministry continued to
urge employers to comply with the law; however, government enforcement
and supervision of labor standards continued to be weak.
Both the law and regulations provide for minimum standards of
industrial health and safety. In practice the country's worker safety
record was poor. The state-owned insurance agency reported 86,692
workplace accidents between January and November, an average of 237
incidents per day. Local officials have responsibility for enforcing
health and safety standards. In larger companies the quality of
occupational health and safety programs varied greatly. Health and
safety standards in smaller companies and in the informal sector tended
to be weaker or nonexistent. Workers are obligated to report hazardous
working conditions, and employers are forbidden by law from retaliating
against those who do report hazardous working conditions; however, the
law was not enforced effectively. By law workers have the right to
remove themselves from hazardous conditions without jeopardizing
employment; in practice it was not clear they could avail themselves of
this right.

__________

JAPAN

Japan is a parliamentary democracy with a population of
approximately 127.4 million. In August 2009 the Democratic Party of
Japan (DPJ) won parliamentary elections and ended the Liberal
Democratic Party's half-century of dominance. In June, Naoto Kan
succeeded Yukio Hatoyama as prime minister. In July elections for the
parliament's upper house, the ruling coalition led by the DPJ lost its
majority in that chamber but retained control of the more powerful
lower house. The elections were considered free and fair. Security
forces reported to civilian authorities.
Human rights nongovernmental organizations (NGOs) reported problems
with the country's detention facilities and legal system. There were
several reports of corruption during the year. Sexual harassment and
employment discrimination continued to be reported. Discrimination
against children born out of wedlock, minority groups, and foreigners
were problems. The exploitation of foreign trainees remained a problem.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and the Government
generally respected these provisions in practice.
On March 22, a Ghanaian man being deported from the country died
aboard an airplane prior to take-off while in handcuffs. Although an
official judicial autopsy could not determine the cause of death and
noted no sign of physical harm, his widow said she saw bruises when
identifying the man's body, and immigration officials testified in the
Diet (parliament) that he was gagged by a towel and forced into his
seat by 10 officers. In December a police investigation into whether
the 10 officers used excessive force was sent to Chiba prosecutors to
decide if indictments are warranted.
NGOs and foreign diplomats reported instances of alleged physical
abuse in some prisons. Four instructors at Hiroshima Juvenile Training
School, a reform facility for juvenile offenders, were convicted during
the year for physically abusing approximately 50 students in 2009.
Following this incident, the Ministry of Justice conducted a
questionnaire at the country's other 51 juvenile training schools.
Seventy-one persons, slightly more than 2.1 percent of the total
population of juveniles in protective custody, responded that they had
been abused by their instructors.
The Government continued to deny death-row inmates and their
families information about the date of execution. Families of condemned
prisoners were notified of the execution after the fact. The Government
stated this policy was to spare the prisoners the anguish of knowing
when they were going to die. Condemned prisoners, although held in
solitary confinement for an average of almost eight years until their
execution, were allowed visits by their families, lawyers, and other
persons. An NGO reported that prisoners facing the death penalty were
sometimes kept in solitary confinement for decades and concluded that a
number of these prisoners had become mentally ill as a result but that
requests for mental health records of death-row inmates were summarily
denied.
NGOs continued to report that prison management regularly abused
the rules on solitary confinement. Punitive solitary confinement may be
imposed for a maximum of 60 days, but procedures allow wardens to keep
prisoners in ``isolation'' solitary confinement indefinitely. A
prisoner released from Fuchu Prison during the year was kept in
isolation for the final four years of his sentence. Prison officials
stated that solitary confinement was an important tool to maintain
order in prisons that were at or above capacity.
Hazing, bullying, and sexual harassment were reported as problems
in the Japanese Self Defense Forces.

Prison and Detention Center Conditions.--Prison conditions
generally met international standards. However, several facilities were
overcrowded and lacked sufficient heating in the winter or air
conditioning in the summer. Extreme summer heat in the prisons caused
the deaths of a male prisoner in Osaka Prison in July and a female
prisoner in Kochi Prison in August. In both cases, the prisoners were
moved to protection cells (normally used for inmates on suicide watch)
shortly before collapsing and dying. The Kochi Prison inmate had been
diagnosed with heatstroke four days earlier and moved briefly to a
hospital but was subsequently returned to the prison.
Prisoner rights advocates also alleged that inmates may have frozen
to death in the winter. In some institutions, clothing and blankets
were insufficient to protect inmates against cold weather. Most prison
facilities did not provide heating during nighttime hours in winter
despite freezing temperatures, exposing inmates to a range of
preventable ailments and medical conditions. Foreign prisoners in the
Tokyo area presented to visiting diplomatic officials chilblains-
affected fingers and toes, the direct result of long-term exposure to
deleteriously cold and at times freezing conditions.
NGOs and foreign diplomatic officials also reported that some
facilities provided inadequate food and medical care. Foreign
diplomatic officials confirmed numerous cases in which the prison diet
was inadequate to prevent significant weight loss, including muscle
mass. Cases of slow and inadequate medical treatment were documented,
including in detainees and prisoners with preexisting medical
conditions. Police and prison authorities were particularly slow
providing treatment of mental illness and had no protocol for offering
psychiatric therapy. The Fukuoka Bar Association also raised concerns
that prison doctors repeatedly forced an inmate to use a catheter even
though he rejected the treatment. The inmate subsequently developed a
catheter-associated urinary tract infection. NGOs, lawyers, and doctors
also criticized medical care in police-operated preindictment detention
centers and immigration detention centers. Poor sanitary and health
conditions in immigration detention facilities resulted in complaints
of common fungal infections among detainees.
At the end of 2009, there were 75,250 prisoners, a slight decrease
from 2008. This figure, which counts detained defendants and suspects
as well as sentenced prisoners and convicts, included 5,212 female
prisoners and 38 minors. Men and women prisoners were held in separate
facilities in prisons and detention centers. Minors were held
separately from adults in prisons and regular detention centers, but
regulations do not require that minors be held separately in
immigration detention centers.
NGOs and foreign diplomatic officials reported that pretrial
detainees routinely were held incommunicado for up to 23 days before
being allowed access to persons other than their attorneys or, in the
case of foreign arrestees, consular personnel. Prisoners' access to
visitors was often limited to immediate family members. The law allows
for broad religious observances within prisons, as long as these
activities do not interfere with prison management. Prisons are also
required to allow for consultations with prison chaplains, but the
frequency of visits and the range of religions represented varied
widely at different prisons. As a result, routine access to religious
observances was not guaranteed, and foreign diplomatic officials said
that prison officials repeatedly rejected some prisoners' requests to
join religious meetings citing limits on the size of the groups.
While prisoners and detainees were permitted to submit complaints
to judicial authorities without censorship and to request investigation
of credible allegations of inhumane conditions, the results of such
investigations were provided to the prisoners in a letter offering
little detail beyond the investigation's final determination.
Although there were no ombudsmen serving on behalf of prisoners and
detainees, prison management regulations stipulate that independent
committees inspect prisons and detention centers operated by the
Ministry of Justice and police-operated detention facilities. The
committees included physicians, lawyers, local municipal officials,
representatives of local communities, and other local citizens. In the
March 2009-April 2010 fiscal year, these committees visited a total of
194 prisons and detention facilities (not including pretrial detention
facilities) and conducted 756 interviews with detainees without the
presence of prison officials. The committees made 603 recommendations
to prison or detention facility superintendants, of which 356 were
implemented or were in the process of being implemented. In addition,
the committees found 130 recommendations required either further
discussion or follow-up inspections, and 117 were referred to the
Ministry of Justice.
A 2009 amendment to the Immigration Control and Refugee Recognition
Law established a similar independent inspection process for
immigration detention facilities. There is no inspection procedure in
place for observing the country's 52 juvenile reform facilities.
During the year the International Committee of the Red Cross did
not request any prison visits.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, but NGOs and journalists alleged that police in
large cities employed racial profiling to harass and sometimes arrest
``foreign-looking'' persons, particularly dark-skinned Asians and
persons of African descent, without cause. While many of these
instances were limited to police officers' legal requests for
immigration papers, anecdotes included one man who was dragged to the
police station and stripped by force and a few instances reported in
the press where foreigners were required to provide urine samples to
police.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the National Police Agency (NPA) and
local police forces, and the Government has effective mechanisms to
investigate and punish abuse and corruption. There were no reports of
impunity involving the security forces during the year. However, some
NGOs criticized local public safety commissions as lacking independence
from or sufficient authority over police agencies.

Arrest Procedures and Treatment While in Detention.--Persons were
apprehended openly with warrants based on sufficient evidence and
issued by a duly authorized official, and detainees were brought before
an independent judiciary. NGOs claimed that warrants were granted at
high rates, and that detention sometimes occurred even though the
evidentiary grounds were weak.
The law provides detainees the right to a prompt judicial
determination of the legality of the detention and requires authorities
to inform detainees immediately of the charges against them.
Authorities usually held suspects in police-operated detention centers
for an initial 72 hours. After interviewing a suspect, a judge may
extend preindictment custody by up to two consecutive 10-day periods.
Prosecutors routinely sought and received these extensions. Prosecutors
may also apply for an additional five-day extension in exceptional
crimes such as insurrection, foreign aggression, and disturbance. NGOs
pointed out that routine granting of extensions undermined the intent
of the law--prompt judicial determination of the legality of the
detention.
The code of criminal procedure allows detainees, their families, or
representatives to request that the court release an indicted detainee
on bail. However, bail is not available during preindictment to persons
detained in either police or Ministry of Justice detention facilities.
Because judges customarily granted prosecutors' requests for
extensions, the system of pretrial detention, known as daiyou kangoku
(substitute prison), usually continued for 23 days. Suspects in
pretrial detention are legally required to face interrogation, although
NPA guidelines limit interrogations to a maximum of eight hours and
prohibit overnight interrogations. Preindictment detainees had access
to counsel, including at least one consultation with a court-appointed
attorney. Prisoner advocates said that in practice this access
continued to improve in terms of duration and frequency. However,
counsel may not be present during interrogations. Family members
usually were allowed to meet with detainees, but only in the presence
of a detention officer. Article 81 of the code of criminal conduct
allows police to prohibit detainees from having interviews with persons
other than their counsel if there is probable cause that the suspect
may flee or may conceal or destroy evidence. Many detainees, including
most of those charged with drug offenses, were held incommunicado until
indictment and were allowed only consular and legal access. Prosecutors
at their discretion may partially record suspects' confessions, but
NGOs pointed out that partial and discretionary recording could be
misleading. While internal police supervisors increasingly are present
during interrogations, there is no independent oversight of the
interrogations.

e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice. In 2009 the country began a lay-judge (jury)
system for serious criminal cases. NGOs noted that the lay-judge system
improved the procedure for disclosure of evidence, but they remained
skeptical that prosecutors will respect acquittal verdicts decided by
lay judge panels. The first two full acquittals in the lay-judge system
were appealed and at year's end were awaiting trials before
professional judges.

Trial Procedures.--The law provides the right to a fair trial for
all citizens and each charged individual receives a public trial by an
independent civilian court, has access to defense counsel, and has the
right to cross-examine witnesses. A defendant is presumed innocent
until proven guilty in a court of law, and defendants cannot be
compelled to testify against themselves.
The UN Committee Against Torture (CAT), NGOs, and lawyers
questioned whether defendants were presumed innocent in practice.
According to NGOs, the majority of indicted detainees confessed while
in police custody. Safeguards exist so that suspects cannot be
compelled to confess to a crime or be convicted when a confession is
the only evidence. In 2009 the National Public Safety Commission issued
regulations prohibiting police from touching suspects (unless
unavoidable), exerting force, threatening them, keeping them in fixed
postures for long periods, verbally abusing them, or offering them
favors in return for a confession. Defense counsel is not allowed to be
present during interrogations.
NGOs asserted that the new rules were not adequately enforced and
that prisoners continued to be subjected to interrogation sessions of
eight to 12 hours in length, during which detainees were handcuffed to
a chair for the entire period and aggressive questioning techniques
were used. NGOs also stated that, although the practice is illegal,
interrogators sometimes offered bail in exchange for a detained person
proffering a confession. From April 2009 to March, the Federation of
Bar Associations counted 29 press reports of violations of
interrogation guidelines. In December an Osaka police officer was
indicted on charges of illegal intimidation after a man in his custody
surreptitiously made a recording of his interrogation in September and
subsequently filed a complaint with prosecutors.
The use of police-operated detention centers was criticized because
it puts suspects in the custody of their interrogators. The Government
stated that article 16 of the Act on Penal Detention Facilities and
Treatment of Inmates and Detainees separates the function of
investigation from the function of detention. The vast majority of
arrested suspects were sent to police detention facilities, with a much
smaller proportion sent to Ministry of Justice-operated preindictment
detention centers. In 2009 more than 99 percent of cases that reached
trial resulted in conviction. Independent legal scholars alleged that
the judiciary gives too much weight to confessions; the Government
disputed the assertion.
There were media reports of persons convicted on the basis of
police-obtained confessions who were later proved innocent. In July a
retrial began for two Fukawa men who confessed to and were convicted of
murder in 1967. Although they were paroled in 1996, they have insisted
the confessions were coerced and sought exoneration; new evidence,
including revelations that police tampered with the interrogation
tapes, led the Supreme Court to allow a new trial. The trial ended on
December 10 and a judgment was scheduled to be rendered in March 2011.
According to some independent legal scholars, trial procedures
favor the prosecution, although the Government disputed the claim. The
law provides for access to counsel; nevertheless, a significant number
of defendants reported that this access was insufficient. The law does
not require full disclosure by prosecutors unless the defending
attorney is able to satisfy disclosure procedure conditions. In
practice this sometimes resulted in the suppression of material that
the prosecution did not use in court. As a result, the legal
representatives of some defendants claimed that they did not receive
access to relevant material in the police record. In appeal attempts in
some cases, defense attorneys were not granted access to possible
exculpatory DNA evidence. The police's response in those cases was that
all evidence was destroyed after the initial trial. The Government's
official position regarding the disclosure of evidence to defense
attorneys is that any evidence, including DNA, can be disclosed through
the disclosure procedure in accordance with the code of criminal
procedure ``if the conditions are met.'' In September and October, a
senior prosecutor and the chief and deputy chief of the Osaka District
Public Prosecutor's Office were arrested on charges of falsifying
evidence and then concealing the criminal act in the case of a public
servant on trial for alleged postal fraud. In December the country's
top prosecutor resigned over the scandal.
The language barrier was a serious problem for foreign defendants.
No guidelines exist to ensure effective communication between judges,
lawyers, and non-Japanese-speaking defendants. Several foreign
detainees claimed that police urged them to sign statements in Japanese
that they could not understand and that were not translated adequately.
No standard licensing or qualification system existed for court
interpreters, and trials proceeded even if no translation or
interpretation was provided, despite the Government's claims that
trials cannot proceed unless translation or interpreting is provided.
According to the 2010 Police White Paper, prefectural police stations
made available police officers or other employees with foreign language
skills to serve as interpreters during interrogations.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. Persons have access to a
court to bring lawsuits seeking damages for, or cessation of, a human
rights violation. There are both administrative and judicial remedies
for alleged wrongs.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events. The Ministry of
Education's approval process for history textbooks continued to be a
subject of controversy, particularly regarding the treatment of certain
subjects pertaining to the 20th century. Some textbook authors accused
the Ministry of Education of editing their writing in ways that
distorted the intended meaning. The national anthem and national flag
continued to be controversial symbols. From April 2008 to March 2009,
69 teachers were disciplined for refusing to sing the national anthem
in front of the flag.

b. Freedom of Peaceful Assembly and Association.--The law provides
for the freedom of assembly and association, and the Government
generally respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees. The
Government also began a small-scale third country resettlement program
involving 27 Burmese refugees from a refugee camp in Thailand.
In practice the Government provided some protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion. The Government also provided temporary protection to
individuals who may not qualify as refugees and provided it to 501
persons in 2009.
Refugee and asylum applicants could ask lawyers to participate in
their appeal hearings before the system of refugee examiners; however,
in practice refugee and asylum seekers had limited access to legal
representatives due to the limited amount of legal aid available and
the small number of lawyers working on asylum matters. Although there
was a free counseling service for foreigners, including asylum seekers
and refugees, at the Japan Legal Support Center established by the
Ministry of Justice, there was no public financial assistance to pay
legal costs for asylum seekers outside of this center. Lawyers working
for asylum seekers who lacked financial means could apply for financial
assistance from the Federation of Bar Associations.
The UN CAT, NGOs, and lawyers criticized the indefinite and often
long period of detention between the rejection of an application for
asylum and deportation. The UN special rapporteur on the human rights
of migrants expressed concern about the policy of detaining asylum
seekers and other irregular migrants for prolonged periods, in some
cases for as long as three years. NGOs believed that inadequate
explanation of the cause for rejecting an asylum application made
appealing the decision difficult. During the year there were a series
of suicides, attempted suicides, and hunger strikes by detained asylum
seekers unable to obtain temporary release. The Ministry of Justice
implemented a program during the year to streamline the asylum petition
process and reduce time spent in detention. The program stipulates that
the cases of all detained asylum seekers must be reviewed quarterly and
that first instance decisions must be completed within six months of
application. The program led to a reduction in the number of detained
asylum seekers to the lowest level in recent years.
The UN Committee on the Elimination of Racial Discrimination (CERD)
reported that asylum seekers from certain countries received
preferential consideration while those from other countries were
sometimes forcibly returned to situations of risk.
Applicants for refugee status normally were not allowed to work
unless they meet certain conditions. To obtain the right to work,
persons applying for refugee status must be in need and completely
dependent on government shelters or NGO support. In the interim the
Refugee Assistance Headquarters, a government-funded foundation,
provided small stipends. However, budget shortfalls caused by an
increase in applications led to stricter criteria and eliminated this
aid to many applicants.
Refugees faced the same patterns of discrimination that other
foreigners did: reduced access to housing, education, and employment.
Except for those who met the conditions stated above, persons whose
refugee status was pending or on appeal did not have the legal right to
work or receive social welfare, rendering them completely dependent on
overcrowded government shelters, illegal employment not subject to
labor law oversight, or NGO assistance.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--In July the country held
elections for the upper house of the Diet, which brought an end to the
ruling DPJ-led coalition's bicameral majority. The elections were
considered free and fair. Political parties operated without
restriction or outside interference.
Women held 52 of 480 seats in the lower house of the Diet and 44 of
242 seats in the upper house. At year's end there were three female
governors and two women in the 18-member cabinet. Because some ethnic
minorities are of mixed heritage and do not self-identify, it was
difficult to determine the number of minorities that served in the
Diet. Three Diet members acknowledged being naturalized Japanese
citizens.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented these laws effectively.
Independent academic experts stated that ties between politicians,
bureaucrats, and businessmen were close and that corruption remained a
concern. During the first half of the year, the NPA reported arrests in
20 cases of bribery and four cases of bid rigging. There were regular
media reports of investigations into financial and accounting
irregularities involving high-profile politicians and government
officials, including a decision by a civilian panel requiring that
prosecutors indict former DPJ secretary general Ichiro Ozawa. In
September lower house member Muneo Suzuki's conviction for accepting
bribes was upheld, and he began a two-year prison sentence. An
investigation into the campaign fundraising of then prime minister
Yukio Hatoyama that began in 2009 resulted in the conviction of a
Hatoyama aide in April; prosecutors did not file charges against the
former prime minister.
Although laws requiring financial disclosure for public officials
exist, they were laxly enforced.
The public has the legal right to access government information.
There were no reports that the Government denied legal requests for
information or required information seekers to pay prohibitive fees to
gain access.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without governmental restriction, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views.
The Government cooperated with intergovernmental organizations and
permitted visits by UN representatives and representatives of other
intergovernmental organizations, including the International
Organization for Migration and International Labor Organization.
Human rights groups pointed out that the country had not
established an independent national human rights institution and that
the national Human Rights Commission reports to the Ministry of
Justice. There were no ombudsman offices at the national level. While
there were no official human rights committees in the Diet, there were
unofficial groups that covered human rights-related matters such as
abolishing the death penalty.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination on the basis of race, gender,
disability, language, and social status. Although the Government
generally enforced these provisions, discrimination against women,
ethnic minority groups, and foreigners remained problems.

Women.--The law criminalizes all forms of rape against women,
including spousal rape, and the Government generally enforced the law
effectively. According to NPA statistics, 1,402 rapes against women and
girls were reported in 2009 and 571 were reported during the first half
of 2010. Prosecutors brought charges in 662 rape cases in 2009. Many
police stations had female officers to provide confidential assistance
to female victims.
Although prohibited by law, domestic violence against women
remained a problem. Ministry of Justice statistics showed that 70
perpetrators were prosecuted in 2009 under the antispousal violence
law. District courts may impose six-month restraining orders on
perpetrators of domestic violence to protect threatened or abused
spouses and their children under the age of 20 years and may also
impose sentences of up to one year in prison or fines of up to one
million yen (approximately $12,150). In 2009 courts granted 2,411 of
3,087 petitions for protection orders, with 526 withdrawals and 150
dismissals. The law, which covers common-law marriages and divorced
individuals, includes protection for relatives of victims and persons
threatened with violence. According to NPA statistics, in 2009 there
were 28,158 reported cases of domestic violence, with women
constituting more than 98 percent of the victims. Spousal violence
consultation assistance centers reported 72,792 consultation cases in
2009, with women the victims in more than 99 percent of the cases.
Sexual harassment in the workplace remained widespread. During the
12-month period ending in March, the Ministry of Health, Labor, and
Welfare (MHLW) received 11,898 consultations, over 60 percent of which
were from female workers. The law includes measures to identify
companies that fail to prevent sexual harassment, but it does not
include punitive measures to enforce compliance other than publicizing
the names of offending companies. The Government established hotlines
in prefectural labor bureau equal employment departments and charged
them with the duty of handling consultations concerning sexual
harassment and mediating disputes when possible.
Despite apologies by successive Japanese political leaders, a
number of NGOs continued to criticize the country's apologies to and
compensation for ``comfort women'' (the victims of forced prostitution
during World War II) as inadequate. The Government provided
compensation payments through a government-initiated private fund,
expressed remorse, and extended apologies to the victims.
Couples and individuals could decide freely and responsibly the
number, spacing, and timing of their children, and they had the
information and means to do so free from discrimination, coercion, and
violence. Women had access to contraception and maternal health
services, including skilled attendance during childbirth and essential
obstetric and postpartum care. Maternal mortality was 6.8 deaths per
100,000 live births in 2008. Men and women received equal access to
diagnosis and treatment for sexually transmitted infections, including
HIV.
The law prohibits sexual discrimination and generally provides
women the same rights as men. The Gender Equality Bureau, a cabinet
office in the Ministry of Consumer Affairs and Food Safety, Social
Affairs, and Gender Equality, continued to examine policies and monitor
progress on gender equality. Its White Paper on Gender Equality 2010
concluded that, more than 10 years since the passage of the Basic Law
for a Gender-Equal Society, the participation of women in society
remained inadequate and called for increased gender-equality awareness
focused on reaching men and housewives in addition to working women.
Inequality in employment remained a problem in society. Women
composed 41.9 percent of the labor force, unchanged from 2009, and
their average monthly wage was 226,100 yen (approximately $2,750),
about two-thirds of the monthly wage earned by men (333,700 yen, or
$4,050). Women held just 10.7 percent of managerial positions, and 70
percent of employed women resigned after the birth of their first
child.
In August 2009 the UN Committee on the Elimination of
Discrimination against Women termed the country's efforts to implement
antidiscrimination measures as insufficient. The committee pointed to
discriminatory provisions in the civil code, unequal treatment of women
in the labor market, and low representation of women in high-level
elected bodies. The committee urged the country to abolish a six-month
waiting period stipulated in the civil code for women but not men
before remarriage, to adopt a system allowing for the choice of
surnames for married couples, and to repeal civil code and family-
registration law provisions that discriminate against children born out
of wedlock. The Government pointed to changes in its nationality law
and civil code that address some of these concerns, including a
resolution of the surnames matter, the establishment of women's rights
to their husbands' pensions, and improved legal protection for women in
child custody issues.

Children.--The nationality law grants citizenship at birth to the
child of: a Japanese father who is either married to the child's mother
or recognizes paternity of the child; a Japanese mother; or, a child
born in the country to parents who are both unknown or do not have
nationality.
Reports of child abuse continued to increase. From April 2009
through March 2010, there were 44,210 possible cases of child abuse by
parents or guardians reported to the Child Guidance Center, an increase
of more than 1,500 from the preceding year. According to the NPA, in
2009 a total of 335 child abuse cases resulted in arrest and 28
children were killed as a result of abuse by parents or guardians. To
better ensure children's safety, municipal governments require that
suspected abusive parents or guardians be interviewed by child welfare
officials and provided with assistance as required. When necessary,
suspected homes must also be inspected with the police in a supporting
role. The law grants child welfare officials the authority to prohibit
abusive parents from meeting or communicating with their children. The
law also bans abuse under the guise of discipline and mandates that
anyone aware of suspicious circumstances must report the information to
a local child counseling center or municipal welfare center.
Child prostitution is illegal, with a penalty of imprisonment with
labor for up to three years or a fine of up to one million yen
($12,150) for offenders, including the intermediary and the person
involved in solicitation. However, the practice of enjo-kosai
(compensated dating) and easy facilitation by means of online dating,
social networking, and delivery health (call girl or escort service)
sites made de facto domestic child-sex tourism a problem. There are
statutory rape laws. The minimum age for consensual sex varies with
jurisdiction and ranges from 13 to 18. The penalty for statutory rape
is no less than two years' imprisonment with forced labor.
The country continued to be an international hub for the production
and trafficking of child pornography. The distribution of child
pornography is illegal; the penalty is imprisonment with labor for not
more than three years or a fine not exceeding three million yen
($36,460). Although the distribution of child pornography is illegal,
the law does not criminalize the simple possession of child
pornography, which often depicts the brutal sexual abuse of small
children. While this continues to hamper police efforts to effectively
enforce existing child pornography laws and fully participate in
international law enforcement in this area, child pornography
investigations increased 40 percent in 2009 to 935 cases. New measures
announced in July included instructing Internet service providers to
voluntarily block Internet access to child pornography, increased
cooperation with foreign law enforcement agencies, and boosting
resources for investigations; they were designed to combat child
pornography without changing current laws. But children's advocates
criticized the measure to block access, noting that it does not require
Internet service and cellular data providers to block the images and,
in fact, the law prohibits providers from censuring any user access.
The new measures also do not address the unfettered availability of
sexually explicit cartoons, comics, and video games. While the NPA
maintained that no link has been established between these animated
images and child victimization, other experts suggested the situation
harms children by creating a culture that appears to accept sexual
abuse of children.
The country is not a party to the 1980 Hague Convention on Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html as well as
country specific information at http://travel.state.gov/abduction/
country/country--3781.html.

Anti-Semitism.--The Jewish population is approximately 2,000
persons. There were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities in employment,
education, and access to health care, and the Government generally
enforced these provisions; however, the Federation of Bar Associations
complained that discrimination is undefined and thus not enforceable
through judicial remedies. In December 2009 the Government established
an advisory committee to help develop domestic laws to enable the
country to ratify the UN Convention on the Rights of Persons with
Disabilities.
Persons with disabilities generally were not subject to overt
discrimination in employment, education, or provision of other state
services; however, in practice they faced limited access to these
services.
The law mandates that the Government and private companies hire
minimum proportions of persons with disabilities (including mental
disabilities). Companies with more than 300 employees that do not
comply must pay a fine of 50,000 yen (approximately $600) per vacant
position per month. Public employment of persons with disabilities
exceeded the minimum. According to MHLW statistics, the private sector
lagged, despite increases over previous years. In a 2009 survey of
private companies with more than 56 workers, 1.6 percent of their
employees had disabilities.
Accessibility laws mandate that new construction projects for
public use must include provisions for persons with disabilities. In
addition, the Government grants low-interest loans and tax benefits to
operators of hospitals, theaters, hotels, and other public-use
facilities if they upgrade or install features to accommodate persons
with disabilities.
According to NGOs there were an estimated 20,000 homeless persons
who could not receive old-age pensions, disability pensions, and
livelihood protection allowances because they were considered to be
without residence. NGOs reported that, due to inadequate protection by
the social safety net and the social stigma against homelessness, a
significant number of elderly citizens and homeless individuals
committed petty crimes to obtain the food and shelter provided by life
in prison. Surveys showed that persons with mental disabilities may
have accounted for up to 60 percent of the repeat-offender population
in some prisons. Surveys also showed a significant percentage of repeat
offenders were homeless persons who were not receiving social services.
Police and prison authorities were particularly slow providing
treatment of mental illness and had no protocol for offering
psychiatric therapy.
According to NGOs and physicians, persons with mental illnesses
also faced stigmatization and both educational and occupational
barriers. Mental health professionals stated that insufficient efforts
were being made to reduce the stigma of mental illness and to inform
the public that depression and other mental illnesses were treatable,
biologically based illnesses.

National/Racial/Ethnic Minorities.--Ethnic minorities experienced
varying degrees of societal discrimination. The approximately three
million Buraku (descendants of feudal-era ``outcasts''), although not
subject to governmental discrimination, were frequently victims of
entrenched societal discrimination. The UN CERD and Buraku advocacy
groups reported that, despite the socioeconomic improvements achieved
by many Buraku, widespread discrimination persisted in employment,
marriage, housing, and property value assessments. While the Buraku
label is no longer officially used to identify people, the family
registry system can be used to identify Buraku and facilitate
discriminatory practices. Buraku advocates expressed concern that
employers, including many government agencies that require family
registry information from job applicants for background checks, may use
this information to identify and discriminate against Buraku
applicants.
Despite legal safeguards against discrimination, the country's
large populations of Korean, Chinese, Brazilian, and Filipino permanent
residents--many of whom were born, raised, and educated in Japan--were
subject to various forms of deeply entrenched societal discrimination,
including restricted access to housing, education, health care, and
employment opportunities. Other foreign nationals resident in the
country as well as ``foreign-looking'' Japanese citizens reported
similar discrimination and also said they were prohibited entry,
sometimes by signs reading ``Japanese only,'' to privately owned
facilities serving the general public, including hotels and hot
springs. Noting that the discrimination is usually open and direct,
NGOs complained of government inaction in prohibiting it.
An enforcement directive published by the Japanese Social Insurance
Agency explicitly made it easier for employers to avoid paying pension
and insurance contributions on behalf of their foreign employees
teaching languages as compared to Japanese employees in the same
position. A labor union representing the teachers said the directive
provides impunity to employers who illegally fail to enroll foreign
teachers in the system.
Many foreign university professors, especially women, complained
that they were hired on short-term contracts without possibility of
tenure.
There was a widespread perception among citizens that
``foreigners,'' often members of Japan-born ethnic minorities, were
responsible for most of the crimes committed in the country. The media
fostered this perception by disproportionately reporting crimes
committed by non-Japanese citizens, although Ministry of Justice
statistics showed that the crime rate for foreigners, excepting
immigration violations, was lower than the crime rate for citizens.
Long-term foreign residents, including naturalized citizens, reported
being targeted, particularly by the police.
Many immigrants struggled to overcome obstacles to naturalization,
including the broad discretion available to adjudicating officers and
the great emphasis on Japanese language ability. Aliens with five years
of continuous residence are eligible for naturalization and citizenship
rights. Naturalization procedures also require an extensive background
check, which includes inquiries into the applicant's economic status
and assimilation into society. The Government defended its
naturalization procedures as necessary to ensure the smooth
assimilation of foreigners into society.
Approximately 600,000 ethnic Koreans were permanent residents or
citizens. In general their acceptance by society was steadily
improving. In 2009, 7,639 ethnic Koreans applied for citizenship, a
slight increase from the prior year. The vast majority of applications
were approved. Ethnic Koreans who chose not to naturalize faced
difficulties in terms of civil and political rights.
Representatives of some ethnic schools continued to press the
Government to have their schools recognized as educational foundations
and to accept the graduates of their high schools as qualified to take
university and vocational school entrance exams. The Ministry of
Education stated that the graduates of ethnic schools certified by
international school associations as being equivalent to a 12-year
program could take the entrance exam.
During the year nativist groups became increasingly aggressive in
harassing foreigners and Japan-born ethnic minorities. In August, four
antiforeigner group members were arrested after a demonstration against
the Kyoto Number 1 Korean Elementary School that involved verbal
harassment of the schoolchildren.

Indigenous People.--Although the Ainu enjoyed the same rights as
all other citizens, when clearly identifiable as Ainu they faced
discrimination. The Ainu law, enacted in 1997, emphasizes preservation
of Ainu culture, but it lacks some provisions that a few Ainu groups
have demanded, such as land claims, reserved seat(s) for Ainu in the
Diet and local assemblies, and a government apology to the Ainu people.
The UN Human Rights Committee submitted a report to the Government
in 2008 advising it to designate both the Ainu and the Ryukyu (a term
that includes residents of Okinawa and portions of Kagoshima
Prefecture) as indigenous peoples and give assistance to protect and
promote their culture and traditions. The Government replied that,
while it does not recognize ``Ryukyu'' as an indigenous people, it
acknowledges their unique culture and history and has made efforts to
preserve and show respect for these traditions.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--While there is no national law
that protects against discrimination on the basis of sexual
orientation, some local governments have enacted laws prohibiting
employment discrimination based on sexual orientation. NGOs that
advocate for gay, lesbian, bisexual, and transgender persons reported
some instances of bullying, harassment, and violence.

Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law allows workers to form and
join unions of their choice without previous authorization or excessive
requirements, and the Government effectively enforced the law. Unions
were free of government control and influence; however, public service
employees' basic union rights, governed by a separate law, are
restricted in ways that effectively require prior authorization to form
unions. In 2009 just over 10 million persons, or 18.5 percent of the
total workforce, were members of unions. Among workers in the
agriculture, forestry, and fisheries sectors, 15,000--or 2.7 percent of
the total workers in these sectors--belonged to unions.
Except for public sector workers and employees of state-owned
enterprises, the law allows unions to conduct their activities without
interference, and the Government protected this right. The continued
increased use of short-term contracts, often in violation of the Labor
Standards Law, not only undermined regular employment but also
frustrated organizing efforts.
Unions in the private sector have the right to strike, and workers
exercised this right in practice. Workers in sectors providing
essential services, including electric power generation and
transmission, transportation and railways, telecommunications, medical
care and public health, and postal service, however, must give 10 days'
advance notice to the authorities. Public sector employees do not have
the right to strike, but such employees are able to participate in
public employee organizations, which can negotiate collectively with
their public employers on wages, hours, and other conditions of
employment. They are not able to enter into collective bargaining
agreements.

b. The Right to Organize and Bargain Collectively.--Collective
bargaining is protected by law and was freely practiced. However, the
276,345 public employees and 2,515,728 employees involved in providing
essential services (approximately 4.5 percent of the total workforce of
62.7 million) are not afforded this right. Approximately one-third of
workers were part-time or nonregular workers, who found it difficult to
organize for collective bargaining purposes. Moreover, an increasing
number of businesses were choosing to change their form of
incorporation and moving to a holding company structure. Investment
fund ``companies,'' which are not legally considered employers, also
appeared to be playing a larger role. In addition to changes in
corporate structure, there were labor market changes affecting
corporate activities. As a result a significant proportion of the
workforce was unable to participate in collective bargaining units.
There were no reports of antiunion discrimination or other forms of
employer interference in union functions.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor; however, there were reports that such
practices occurred. Workers who entered the country illegally or who
overstayed their visas were at risk for these practices, including
nonpayment or underpayment of wages. Some companies illegally forced
foreign laborers in the Industrial Trainee and Technical Internship
Program to work overtime, refused to pay them allowances, restricted
their movement, communications, and travel documents, and forced them
to deposit paychecks into company-controlled accounts. The law and
Ministry of Justice guidelines prohibit these practices, and the Labor
Standard Inspection Bodies monitored workplace compliance with the
labor laws. Its normal response was to issue warnings and advisories;
legal recourses normally were not pursued except in the most serious
cases.
Also see the Department of State's annual Trafficking in Persons
Report at https//www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the exploitation of children in the workplace, and the
MHLW effectively implemented the law. By law children between the ages
of 15 and 18 may perform any job that is not designated as dangerous or
harmful. Children between the ages of 13 and 15 may perform ``light
labor'' only, and children under 13 may work only in the entertainment
industry. Other than victims of human trafficking and child
pornography, child labor was not a problem.
Also see the Department of State's annual Trafficking in Persons
Report at https//www.state.gov/g/tip.

e. Acceptable Conditions of Work.--A revision to the law increased
minimum wage rates effective October 24. They ranged from 643 yen
($7.81) to 821 yen ($9.98) per hour, depending on prefecture. The
revised law also increased to 500,000 yen ($6,080) the fine for
employers that fail to pay the minimum wage. The minimum daily wage
provided a decent standard of living for a worker and family.
The law provides for a 40-hour workweek for most industries and
mandates premium pay for hours worked in excess of 40 per week or eight
per day. However, it was widely accepted that workers, including those
in government jobs, routinely exceeded the hours outlined in the law.
Labor unions frequently criticized the Government for failing to
enforce maximum working-hour regulations. From April 2009 to March
2010, surviving family members filed 768 applications with the MHLW
seeking recognition of a deceased as a karoshi (death from overwork)
victim. The ministry officially recognized 293 karoshi victims during
the year. Worker rights NGOs claimed the number was much higher, and
that overwork and other employment conditions contributed to many of
the 31,560 suicides during the year.
According to the Organization for Economic Cooperation and
Development, Japanese employers hired part-time, short-term contract or
nonregular workers rather than permanent employees to circumvent
protection by labor law. Such workers made up one-third of the labor
force and worked for lower wages and often with less job security and
fewer benefits or in more precarious working conditions than career
workers. Many of these workers lost their jobs during the year due to
private-sector cuts and some sought damages from their employers,
alleging that the repeated renewal of their short-term contracts
obligated their employers to convert them to career employees. Other
groups argued that the labor system had been too rigid before
regulations changed to allow this type of work. One of the stated goals
of the 2008 Revised Part-Time Work Law was to provide equality for
part-time workers, the majority of whom are women, in terms of wages
and training. To qualify, however, part-time workers must have parity
with full-time workers in terms of tasks, overtime, and transfers. In
practice only 4 to 5 percent of part-time workers qualified under these
terms.
Advocacy groups reported that employers exploited illegal foreign
workers, who often had little or no knowledge of the Japanese language
or their legal rights. By law, students are allowed to work only 28
hours per week. However, foreign students, particularly self-sponsored
students, the majority of whom were Chinese, often held two or three
low-wage jobs and as a result were moderately to severely sleep
deprived, with the concomitant greater risk of injury and illness.
The UN special rapporteur on the human rights of migrants and NGOs
reported that the Foreign Trainee and Technical Intern Program, despite
its declared intent as a vehicle of international assistance, is
designed in a way that facilitates the exploitation of foreign workers.
The majority of the trainees are Chinese nationals who pay fees of more
than $1,400 to Chinese brokers to apply for the program and then must
offer deposits of up to $4,000 and sometimes a lien on their home prior
to leaving for Japan. According to worker advocates, if they report
mistreatment or exit the program early, the brokers seize these assets.
During the year a government ordinance prohibited the practices of
requiring deposits from applicants to the program and imposing fines on
the participants. While the law governing the trainee program has been
amended to address employer violations and the Government increased
enforcement in 2010, the system of punishing victims for speaking out
continued to allow many companies to use the program for cheap,
unregulated labor.
In some companies, trainees reportedly were forced to work unpaid
overtime and received less than the minimum wage. Moreover, their wages
were automatically deposited in company-controlled accounts, despite
the fact that ``forced deposits'' are illegal. According to NGOs,
trainees sometimes had their travel documents taken from them and their
movement controlled to ``prevent escape or unauthorized communication
with others.'' In 2009 the Ministry of Justice confirmed that 360
companies and other organizations that accepted foreign trainees were
involved in wrongful practices, of which an estimated 80 percent
involved violations of labor-related laws, failure to pay wages, unpaid
overtime, and contracting out the trainees as laborers to other
companies. Out of 444 cases recognized as wrongful practices, 123 cases
were found to represent violations of labor-related laws and
regulations. NGOs and labor unions working with foreign workers noted
no noticeable improvement in companies' treatment of foreign workers. A
survey conducted by the Japan International Training Cooperation
Organization found that 27 trainees died from April 2009 to March, nine
of them from brain and heart diseases often associated with working
long hours. Three of the trainees committed suicide. On November 19,
the Japanese Labor Standards Office officially certified a trainee's
2008 death as karoshi. Although the company where the 31-year-old
Chinese trainee worked reported only minimal overtime on his timecards,
the Standards Office determined he had worked, on average, over 80
hours a week for the 12 months preceding his death. The company was
under criminal investigation.
In January the Kumamoto District Court ordered an agent for foreign
trainees and a training company to pay four Chinese interns 4.4 million
yen (approximately $53,480) in damages in addition to ordering the
company, a sewing firm, to pay 12.8 million yen (approximately
$155,560) in unpaid wages. Several similar lawsuits were awaiting
judgment.
The Government sets occupational health and safety standards, and
the Ministry of Labor effectively administered the various laws and
regulations governing occupational health and safety. Labor inspectors
have the authority to suspend unsafe operations immediately, and the
law provides that workers may voice concerns over occupational safety
and remove themselves from unsafe working conditions without
jeopardizing their continued employment. In 2009 labor inspectors
responded to 48,448 complaints, inspected 146,860 workplaces, and
ordered 4,553 places of business to suspend operations and correct
occupational health and safety problems. They also referred 1,110 cases
to prosecutors.

__________

KIRIBATI

Kiribati is a constitutional multiparty republic with a population
of approximately 100,000. The president exercises executive authority
and is popularly elected for a four-year term. The legislative assembly
nominates at least three, and no more than four, presidential
candidates from among its members. Parliamentary and presidential
elections held in 2007 were considered generally free and fair. Anote
Tong of the Boutokaan Te Koaua party was reelected president. Security
forces reported to civilian authorities.
Violence and discrimination against women, child abuse, and
commercial sexual exploitation of children were the main human rights
problems during the year.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports the Government or its agents committed arbitrary or unlawful
killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices, and there were
no reports government officials employed them. Traditional village
practice permits corporal punishment for criminal acts and other
transgressions.

Prison and Detention Center Conditions.--Prison conditions
generally met international standards, and the Government permitted
visits by family members, church representatives, and diplomats. The
Government also permitted monitoring visits by independent human rights
observers, but there were no such visits during the year.
As of August the prison system held 102 inmates (98 men and four
women). There were 96 convicted prisoners, of whom 91 were male and
five were female, and six pretrial detainees, all male. There were no
juveniles (defined as those under age 18). There was no separate
facility for juvenile offenders, but children under age 16 usually were
not incarcerated. Juveniles ages 16 to 17 generally may be detained no
longer than one month in the adult facility; however, for more serious
offenses, such as murder, juveniles over age 16 can be held in custody
for more than a month and can be sentenced to longer terms. Pretrial
detainees accused of serious offenses who did not meet bail were held
with convicted prisoners. Persons charged with minor offenses normally
were released on their own recognizance pending trial.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. Although authorities permit complaints
by inmates about inhumane conditions, the complaints are subject to
censorship. There were no such complaints received, nor investigations
undertaken, during the year. The Government monitors prison conditions.
The country does not have any ombudsman who can serve on behalf of
prisoners and detainees.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.

Arrest Procedures and Treatment While in Detention.--In some cases
magistrates issued warrants before an arrest was made. Persons taken
into custody without a warrant must be brought before a magistrate
within 24 hours or within a reasonable amount of time when arrested in
remote locations. These requirements generally were respected in
practice. Many individuals were released on their own recognizance
pending trial, and bail was granted routinely for many offenses. The
law requires that arrested individuals be informed of their rights,
which include the right to legal counsel during questioning and the
right not to incriminate oneself. Two police officers must be present
at all times during questioning of detainees, who also are provided the
option of writing and reviewing statements given to police. Detainees
were allowed prompt access to legal counsel. Public defenders, known as
``people's lawyers,'' were available free of charge for arrested
persons and others who needed legal advice.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.

Trial Procedures.--The constitution provides for the right to a
fair public trial, and an independent judiciary generally enforced this
right. There is no trial by jury. An accused person must be informed of
the charges and be provided adequate time and facilities to prepare a
defense. The law also provides for the rights to confront witnesses,
present evidence, and appeal convictions. Defendants facing serious
criminal charges are entitled to free legal representation. Procedural
safeguards are based on British common law and include the presumption
of innocence until proven guilty. The law extends these rights to all
citizens.
Extrajudicial traditional communal justice, in which village elders
decide cases and mete out punishment, remained a part of village life,
especially on remote outer islands. Nonetheless, the incidence of
communal justice was declining under pressure from the codified
national law.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, as well as access to a court
to bring lawsuits seeking damages for, or cessation of, human rights
violations.

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice. Although there were no government
restrictions, there were some concerns about the lack of local
independent media.
The Government Broadcasting and Publications Authority (BPA)
operated Radio Kiribati, the dominant news source in the country, and
published a twice-weekly newspaper. A board of directors appointed by
the Government oversees BPA operations. A media company owned by a
member of Parliament affiliated with the governing party operated the
country's other radio station and published a weekly newspaper.
International media were allowed to operate freely. The law
requires newspapers to register with the Government, but there were no
reports the Government denied registration to any publication.

Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail. While
generally available and accessible on South Tarawa, public access to
the Internet elsewhere in the country was limited by lack of
infrastructure. The International Telecommunication Union reported that
approximately 2 percent of the country's inhabitants used the Internet
in 2009.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. Although the law prohibits government restrictions on
citizens' freedom of movement, it does not restrict such actions by
traditional village councils.
The need did not arise during the year for government cooperation
with the Office of the UN High Commissioner for Refugees or other
humanitarian organizations in providing protection and assistance to
internally displaced persons, refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern.
The law provides for the forced expulsion from the country of a
convicted person if ``in the interests of'' defense, public safety,
order, morality, health, or environmental conservation. The Government
did not use forced exile. On rare occasions traditional village
councils and the courts have banished persons from a specific island
within the country, usually for a fixed period of time, but there were
no reports of such banishments during the year.

Elections and Political Participation.--The legislature has 45
members: 43 are elected by universal adult suffrage, the Rabi Island
Council of I-Kiribati (persons of Kiribati ancestry) in Fiji selects
one, and the attorney general is an ex officio member. The most recent
parliamentary elections were held in August 2007. In October 2007 the
legislature elected Anote Tong of the Boutokaan Te Koaua party to a
second term as president. The elections were considered generally free
and fair. There were no government restrictions on political opponents,
and political parties could operate without restriction or outside
interference. Elected village councils run local governments in
consultation with traditional village elders.
There were three women in the 45-member legislature. Several
permanent secretaries were women.
The president and several members of the legislature were of mixed
descent.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, but
the Government did not always implement the law effectively. Government
officials have sometimes engaged in corrupt practices with impunity,
but there were no specific reports of government corruption during the
year.
Nepotism, based on tribal, church, and family ties, was prevalent.
Public officials were not subject to financial disclosure laws. The
auditor general is responsible for oversight of government
expenditures. In reality the auditor general lacked sufficient
resources, and findings of misappropriations and unaccounted for funds
were generally ignored, or the investigations were inconclusive.
Since 2009, together with Nauru and Tuvalu, the country has
participated in a subregional audit support program, an initiative of
the Pacific Association of Supreme Audit Institutions, with the goal of
enabling public accounts to be audited to uniformly high standards in a
timely manner.
No law specifically provides for citizen or media access to
government information. In practice the Government was fairly
responsive to individual requests for information.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Domestic and international human rights groups generally operated
without government restriction. Government officials were cooperative
and responsive to their views.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination on the basis of race,
national origin, or color, and the Government observed these
prohibitions in practice; however, only native I-Kiribati may own land.

Women.--Spousal abuse and other forms of violence against women
were significant problems. Alcohol abuse frequently was a factor in
attacks on women. Rape, including spousal rape, is a crime, with a
maximum penalty of life imprisonment, but sentences were typically much
shorter.
According to a Kiribati Family Health and Safety Study prepared in
2009 by the Secretariat of the Pacific Community, approximately 75
percent of the women surveyed had been victims of domestic violence at
some time in their lives. The law does not address domestic violence
specifically, but general common law and criminal law make assault in
all forms illegal. The law provides for penalties of up to six months'
imprisonment for common assault and up to five years' imprisonment for
assault involving bodily harm. Prosecutions for rape and domestic
assault were infrequent, largely due to cultural taboos on reporting
such crimes and police attitudes encouraging reconciliation over
prosecution.
The law does not specifically prohibit sex tourism. There were
reports of foreign fishermen engaging in commercial sexual acts with
minors (see section 6, Children). Obscene or indecent behavior is
banned.
The law does not prohibit sexual harassment. Information presented
in workshops conducted during the year in connection with efforts to
develop a national policy on gender equality indicated that sexual
harassment was more widespread than previously regarded.
Couples and individuals have the right to decide freely and
responsibly the number, spacing, and timing of their children. Access
to contraception, as well as prenatal, obstetric, and postnatal care,
was available from public health hospitals and centers. According to
the World Health Organization, approximately 90 percent of births were
attended by skilled health personnel, and the maternal mortality was
estimated to be 158 deaths per 100,000 live births based on data from
the 2005 census. According to indicators published by the Population
Reference Bureau, an estimated 36 percent of married women ages 15-49
used some form of contraception, and an estimated 31 percent used
modern contraceptive methods. Women and men had equal access to
diagnosis and treatment for sexually transmitted infections, including
HIV.
The law does not prohibit discrimination on the basis of gender,
and the traditional culture, in which men are dominant, impeded a more
active role for women in the economy. Women filled many government
office and teaching positions. According to the most recent census in
2005, 56 percent of professionals were women (primarily teachers and
nurses). Statistics generally were not well collected in the country,
and data on the participation of women in the work force and on
comparative wages were unavailable. Women have rights of ownership and
inheritance of property as well as full and equal access to education.
However, land inheritance laws are patrilineal, and sons are entitled
to more land than are daughters.
The Citizenship Act contains some discriminatory provisions. For
example, the foreign wife of a male citizen acquires citizenship
automatically through the marriage; however, the foreign husband of a
female citizen does not. A man who applies for citizenship through
naturalization may include his wife and children in his application;
however, a woman may not include her husband and children in her
application.

Children.--Citizenship is derived by birth in the country, unless
the child acquires the citizenship of another country at birth through
a noncitizen parent. Citizenship is also derived through one's father.
Chronic alcohol abuse leading to child abuse (physical and
occasionally sexual) and neglect continued to be a serious problem.
There is a police unit specifically focused on child and family
violence.
Crewmembers of foreign fishing vessels that stopped in the country
engaged in commercial sexual exploitation of women, some of whom were
underage. The Police Domestic Violence and Sexual Offenses Unit
reported that they had boarded foreign shipping vessels and found young
women engaged in such prostitution, but there were no statistics on the
number of girls under age 18 involved in such activity. Some girls
worked as prostitutes in bars frequented by crewmembers. Local I-
Kiribati, sometimes including family members, acted as facilitators,
delivering girls to the boats. The girls generally received cash, food,
or goods in exchange for sexual services. The lack of a legal ban on
prostitution, and the fact that the legal age of consent is 15,
hindered police efforts to stem the practice.
The minimum age for consensual sex is 15. Sexual relations with a
girl under age 13 carries a maximum penalty of life imprisonment, and
sexual relations with a girl aged 13-14 carries a maximum penalty of
five years' imprisonment. The victim's consent is not a permissible
defense under either provision; however, in the latter case, reasonable
belief the victim was 15 or older is a permissible defense.
The penal code has no specific provision concerning child
pornography.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--The country's Jewish community was limited to a few
foreign nationals, and there were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip

Persons With Disabilities.--The law does not specifically prohibit
discrimination against persons with disabilities; however, there were
no formal complaints of discrimination in employment, education, or the
provision of other state services for persons with physical, sensory,
intellectual, or mental disabilities. Accessibility of buildings,
communications, and information for persons with disabilities is not
mandated, and there were no special accommodations for persons with
disabilities. There were two main nongovernmental organizations that
supported and advocated for persons with disabilities: Te Toa Matoa
(Disabled Persons' Organization) and the School for the Disabled. The
school offered special elementary education classes and programs for
children with disabilities from age six to age 14 years. The central
hospital on Tarawa had a wing for persons with mental disabilities, and
there was a psychiatrist working on Tarawa. Physiotherapy services also
were offered at the hospital for persons with physical disabilities.
There was no government agency specifically responsible for
protecting the rights of persons with disabilities.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Sodomy and acts of ``gross
indecency between males'' are illegal, with maximum penalties of seven
and five years' imprisonment, respectively, but there were no reports
of prosecutions directed at lesbian, gay, bisexual, or transgender
persons under these provisions. There were no reports of societal
discrimination or violence based on sexual orientation or gender
identity.

Other Societal Violence or Discrimination.--There were no reports
of societal discrimination or violence against persons with HIV/AIDS. A
government-run HIV/AIDS taskforce coordinated outreach and educational
activities concerning HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The constitution provides for freedom
of association, and workers are free to join and organize unions;
workers exercised these rights in practice. The Government did not
control or restrict union activities; however, unions must register
with the Government.
According to the 2005 census, the labor participation rate was
approximately 64 percent, with 37 percent of the adult workforce
occupied in subsistence farming or fishing. An estimated 10 percent of
wage-earning workers were union members. Employers and workers were
represented through the Kiribati Chamber of Commerce and the Kiribati
Trade Unions Council, respectively. There were no official public-
sector trade unions, but nurses and teachers belonged to voluntary
employee associations similar to unions and constituted approximately
30 to 40 percent of total union and association membership.
The law provides for the right to strike, but no strikes have taken
place since 1980. There were no instances reported during the year in
which the right to strike was denied.

b. The Right to Organize and Bargain Collectively.--The law
protects workers from employer interference in their right to organize
and administer unions and provides for collective bargaining. The
Government's Public Service Office sets wages in the large public
sector (53 percent of workers in the cash economy, according to the
2005 census). In a few statutory bodies and government-owned companies,
however, employees could negotiate wages and other conditions. In the
private sector, individual employees also could negotiate wages with
employers. In keeping with tradition, negotiations generally were
nonconfrontational. There were no collective bargaining agreements
during the year. There were no reports of antiunion discrimination, and
there were mechanisms to resolve any complaints that might arise.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor, and there were no reports that
such practices occurred.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment of children under age 14. Children through
the age of 15 are prohibited from industrial employment and employment
aboard ships. Officers from the Ministry of Labor and Human Resources
Development generally enforced these laws effectively. Children rarely
were employed outside the traditional economy.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

e. Acceptable Conditions of Work.--The wage-earning workforce
consisted of approximately 13,100 persons, mostly employed on the main
atoll of Tarawa, the political and commercial capital. The remainder of
the working population worked within a subsistence economy. There is no
official minimum wage, but the Labor Ministry estimated the ``non-
legislated'' minimum to be between A$1.60 and A$1.70 (approximately
$1.60 and $1.70) per hour. There is provision for a minimum wage at the
discretion of the Labor Ministry, but it has never been implemented.
The standard wage income provided a marginally decent standard of
living for a worker and family.
There is no legislatively prescribed workweek. Workers in the
public sector worked 36.25 hours per week, with overtime pay for
additional hours.
Employment laws provide rudimentary health and safety standards for
the workplace, which the Labor Ministry is responsible for enforcing.
Employers are liable for the expenses of workers injured on the job,
but a lack of qualified personnel hampered the Government's ability to
enforce employment laws, and no workplace inspections were conducted
during the year. Workers do not have the right to remove themselves
from hazardous work sites without risking loss of employment.

__________

KOREA, DEMOCRATIC PEOPLE'S REPUBLIC OF

The Democratic People's Republic of Korea (DPRK or North Korea) \1\
is a dictatorship under the absolute rule of Kim Jong-il, general
secretary of the Korean Workers' Party (KWP) and chairman of the
National Defense Commission (NDC), the ``highest office of state.'' The
country has an estimated population of 23.5 million. Kim's father, the
late Kim Il-sung, remains ``eternal president.'' National elections
held in March 2009 were not free or fair. Security forces did not
report to civilian authorities.
---------------------------------------------------------------------------
\1\ Note on Sourcing: The United States does not have diplomatic
relations with the Democratic People's Republic of Korea. North Korea
does not allow representatives of foreign governments, journalists, or
other invited guests the freedom of movement that would enable them to
assess fully human rights conditions or confirm reported abuses. When
referenced, refugee testimony can be dated because of the time lapse
between refugee departure from North Korea and contact with NGOs or
officials able to document human rights conditions.
---------------------------------------------------------------------------
Citizens did not have the right to change their government. The
Government subjected citizens to rigid controls over many aspects of
their lives. There continued to be reports of extrajudicial killings,
disappearances, arbitrary detention, arrests of political prisoners,
harsh and life-threatening prison conditions, and torture. There
continued to be reports that pregnant female prisoners underwent forced
abortions in some cases, and in other cases babies were killed upon
birth in prisons. The judiciary was not independent and did not provide
fair trials. Citizens were denied freedom of speech, press, assembly,
and association, and the Government attempted to control all
information. The Government restricted freedom of religion, citizens'
movement, and worker rights. There continued to be reports of severe
punishment of some repatriated refugees and their family members. There
were widespread reports of trafficking in women and girls among
refugees and workers crossing the border into China.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were numerous
reports that the Government committed arbitrary and unlawful killings.
Defector and refugee reports indicated that in some instances the
Government executed political prisoners, opponents of the regime,
repatriated defectors, and others accused of crimes with no judicial
process. The law prescribes the death penalty for the most ``serious''
or ``grave'' cases of ``antistate'' or ``antination'' crimes,
including: participation in a coup or plotting to overthrow the state;
acts of terrorism for an antistate purpose; treason, which includes
defection or handing over state secrets; suppressing the people's
movement for national liberation; cutting electric power lines or
communication lines; and illegal drug transactions. According to
nongovernmental organizations (NGOs) and think tanks in the Republic of
Korea (ROK or South Korea), a 2007 addendum to the penal code extended
executions to include less serious crimes such as theft or destruction
of military facilities or national assets, fraud, kidnapping,
smuggling, and trafficking.
Border guards reportedly had orders to shoot to kill potential
defectors, and prison guards were under orders to shoot to kill those
attempting to escape from political prison camps, but it was not
possible to determine if this practice continued during the year.
During the year the Government reportedly announced that attempting to
cross the border or aiding others in such an attempt was punishable by
execution. Religious and human rights groups outside the country
alleged that some North Koreans who had contact with foreigners across
the Chinese border were imprisoned or killed.
During the year South Korean officials and NGOs reported that
public executions continued, but no official statistics were available.
In January an NGO reported that authorities executed three citizens
who attempted to defect and sent the attempted defectors' families
either to political prison camps or rural provinces (see section 1.f.).
This incident was reportedly part of the ``50-Day Battle'' security
crackdown to prevent defections (see section 2.d.).
South Korean press reported in March that authorities executed a
man by firing squad for making an unauthorized phone call to contacts
outside of North Korea. He was allegedly describing rice prices and
living conditions in North Korea.
In March after the 2009 currency revaluation, international press
reported a man was shot and killed for treason for burning his money,
which bore a picture of Kim Il-sung, instead of giving it to the
Government.
Press and NGOs reported the execution of officials, including Park
Nam-ki, director of planning and finance, reportedly for initiating the
November 2009 currency reform policy (see section 2.e.). This report
has not been confirmed.
It was unknown whether the Government prosecuted or otherwise
disciplined members of the security forces for killings that occurred
in 2008 and 2009.
In July press reported that, according to his brother, Son Jong-nam
was executed in December 2008. Son Jong-nam was sentenced to death in
2006 for maintaining contacts with organizations outside the country.

b. Disappearance.--NGO, think tank, and press reports indicated
that the Government was responsible for disappearances. In recent years
defectors claimed that state security officers often apprehended
individuals suspected of political crimes and sent them, without trial,
to political prison camps. There are no restrictions on the ability of
the Government to detain and imprison persons at will and to hold them
incommunicado. The penal code states that a prosecutor's approval is
required to detain a suspect; however, the Government ignored this law
in practice.
In June international press reported the disappearance of Ri Je
Gang, a first deputy director of the Workers Party's Organization and
Guidance Department. North Korea's news media reported that Ri died in
a car accident; international press reported speculation that Ri's
death was possibly the result of an internal power struggle.
In February foreign media reported that female prisoners in prison
camps who were impregnated by guards disappeared shortly after the
pregnancy was discovered.
In February an NGO reported a woman in Chungjin, North Hamgyoung
Province, disappeared after making a statement about the difficulty of
market activities following the currency revaluation. The female
merchant was not seen after authorities allegedly called her to the
security department on February 3.
Japan continued to seek further information about the cases of 12
Japanese nationals whom the Japanese government designated as having
been abducted by DPRK government entities. The DPRK did not announce
any progress or results of an investigation it agreed to reopen after
discussions with the Japanese government in 2008. Japan also hoped to
gain answers regarding other cases of suspected abductions of Japanese
nationals.
ROK government and media reports indicated that the DPRK government
also kidnapped other nationals from locations abroad in the 1970s and
1980s. However, the DPRK government continued to deny its involvement
in the kidnappings. The ROK government estimated that approximately 496
of its civilians, abducted or detained by DPRK authorities since the
end of the Korean War, remained in the DPRK. The ROK government also
estimated 560 South Korean prisoners of war and soldiers missing in
action also remained alive in North Korea.
In 2008 the media reported South Korean missionary Kim Dong-shik
had most likely died within a year of his 2000 disappearance near the
China-DPRK border.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The penal code prohibits torture or inhuman treatment;
however, many sources continued to report these practices. Methods of
torture and other abuse reportedly included severe beatings, electric
shock, prolonged periods of exposure to the elements, humiliations such
as public nakedness, confinement for up to several weeks in small
``punishment cells'' in which prisoners were unable to stand upright or
lie down, being forced to kneel or sit immobilized for long periods,
being hung by the wrists or forced to stand up and sit down to the
point of collapse, and forcing mothers recently repatriated
involuntarily from China to watch the infanticide of their newborn
infants. Defectors continued to report that many prisoners died from
torture, disease, starvation, exposure to the elements, or a
combination of these causes.
During the year a Human Rights Watch release provided an account of
torture experienced by Shin Dong-hyuk, a defector born and confined in
a political prison camp in Kaechon in South Pyongan Province for 22
years. In previous testimonies, Shin had stated that beatings and
torture were common within the camp. The 2010 Witness to
Transformation: Refugee Insights into North Korea study (Witness to
Transformation), published by the Peterson Institute of International
Economics, noted that 90 percent of refugee respondents who had been
incarcerated in North Korea witnessed forced starvation, 60 percent
witnessed death due to beating or torture, and 27 percent witnessed
executions.
The North Korean Human Rights Database Center's 2010 White Paper on
North Korean Human Rights indicated that officials have in some cases
prohibited live births in prison and ordered forced abortions,
particularly in detention centers holding women repatriated from China,
according to first-hand refugee testimony. In some cases of live birth,
the white paper reported that prison guards killed the infant or left
it for dead. Guards also sexually abused female prisoners according to
the white paper.
Defectors reported that reeducation through labor, primarily
through sentences at forced labor camps, was a common punishment and
consisted of difficult physical labor such as logging, mining, or
tending crops under harsh conditions. Reeducation involved memorizing
speeches by Kim Il-sung and Kim Jong-il.

Prison and Detention Center Conditions.--NGO, refugee, and press
reports indicated that there were several types of prisons, detention
centers, and camps, including forced labor camps and separate camps for
political prisoners. Witness to Transformation described four main
types of prison and detention facilities: kwan-li-so, political penal-
labor camps; kyo-hwa-so, correctional or reeducation centers; jip-kyul-
so, collection centers for low-level criminals; and ro-dong-dan-ryeon-
dae, labor-training centers. One kwan-li-so camp, Camp 22, is estimated
to be 31 miles long and 25 miles wide and to hold 50,000 inmates.
Defectors claimed the kwan-li-so camps contained unmarked graves,
barracks, worksites, and other prison facilities. The Washington Post
reported in July 2009 that numerous prison camps can be seen in
satellite images and that the camps have been consolidated from 14
locations to five. An NGO reported six major prison camp complexes
across the country. Kwan-li-so penal-labor camps are administered by
the National Security Agency (NSA); kyo-hwa-so reeducation centers are
administered by the People's Safety Agency (PSA). An NGO reported six
kwan-li-so facilities: Kaecheon (No.14) and Bukchang (No.18) in South
Pyongan Province, Yoduk (No.15) in South Hamkyung Province, and Hwasung
(No.16), Chongjin (No.25), and Hoiryeong (No.22) in North Hamkyung
Province as North Korea's six remaining political prison camps.
Reports indicated that those sentenced to prison for nonpolitical
crimes were typically sent to reeducation prisons where prisoners were
subjected to intense forced labor. They stated that those who were
considered hostile to the regime or who committed political crimes were
sent to political prison camps indefinitely. Many prisoners in
political prison camps were not expected to survive. The Government
continued to deny the existence of political prison camps.
Reports indicated that conditions in the political prison camps
were harsh and that systematic and severe human rights abuses occurred
throughout the prison and detention system. Detainees and prisoners
consistently reported violence and torture. Press reported defector
accounts of public executions in political prison camps. According to
refugees, in some places of detention, prisoners received little or no
food and were denied medical care. Sanitation was poor, and former
labor camp inmates reported they had no changes of clothing during
their incarceration and were rarely able to bathe or wash their
clothing. An NGO reported that one reeducation center was so crowded
that prisoners were forced to sleep on top of each other or sitting up.
The same NGO reported that guards at a labor camp stole food brought
for inmates by their family members. An NGO reported in January
unsanitary conditions, crowding of inmates, and high death rates caused
by epidemics in a reeducation center.
South Korean and international press reported that kyo-hwa-so, or
reeducation centers, hold populations of up to 10,000 political
prisoners, economic criminals, and ordinary criminals.
During the year the South Korean National Human Rights Commission
reported that defectors indicated that North Korean authorities
selected prison inmates to spy on others and to torture other
prisoners. The commission also reported that attempts to escape led to
execution by firing squad or hanging.
South Korean press reported an increase in the number of inmates at
a labor camp under the Ministry of People's Armed Forces in North
Hamkyung Province.
Estimates of the total number of prisoners and detained in the
kwan-li-so political penal-labor camps range between 150,000-200,000.
The Washington Post and Donga Ilbo estimated 154,000 prisoners.
Information on the number of women and juvenile prisoners was not
available. No additional information was available on whether men and
women were held together or if conditions varied for women. One NGO
reported that political prisoners sent to punishment facilities were
subject to torture without consideration of their gender.
Under the Criminal Procedure Law, a criminal case is dismissed in
case of a crime committed by a person under 14 years of age and under
article 62 public education is applied in case of a crime committed by
a person above 14 and under 17 years of age. One NGO reported in a
survey of 20 defector youth that five reported experiencing torture
while incarcerated between 1998 and 2003. There was no way to confirm
whether changes to the criminal law in 2004 and 2005 resulted in less
severe treatment for juveniles.
One NGO reported that women make up the majority of prisoners in
ro-dong-dan-ryeon-dae, or labor-training centers; the majority of
prisoners in these facilities were repatriated from China.
There was no information available on whether prisoners and
detainees had reasonable access to visitors. In past years defectors
reported that Christians were subjected to harsh punishments if their
faith was made public. No information was available on whether
prisoners or detainees could submit complaints to judicial authorities
without censorship or request investigation of credible allegations of
inhumane conditions. It is also not known whether results of
investigations were made public. There was no information on whether
the Government investigated or monitored prison and detention
conditions. Neither the UN Special Rapporteur on the human rights
situation in the DPRK nor the UN Special Rapporteur on Torture have
been allowed to independently assess conditions inside the country.
The Government did not permit inspection of prisons or detention
camps by human rights monitors. There was no information on whether
ombudsmen can serve on behalf of prisoners and detainees to consider
such matters as alternatives to incarceration for nonviolent offenders
to alleviate inhumane overcrowding; addressing the status and
circumstances of confinement of juvenile offenders; and improving
pretrial detention, bail, and recordkeeping procedures to ensure
prisoners do not serve beyond the maximum sentence for the charged
offense.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, but reports indicated that the Government did not
observe these prohibitions in practice.
Witness to Transformation reported that authorities had a high
level of discretion in detaining, arresting, prosecuting, and releasing
people.
Following the currency revaluation, an NGO reported in January the
arrest of 40 individuals for dumping or burning the old currency. The
Provincial Police Department deemed destroying old currency as treason
because the currency had pictures of Kim Il-song.

Role of the Police and Security Apparatus.--The internal security
apparatus includes the Ministry of Public Security (MPS) and the State
Security Department (SSD). The security forces do not have adequate
mechanisms to investigate possible security force abuses.
The formal public security structure was augmented by a pervasive
system of informers throughout the society. Surveillance of citizens,
both physical and electronic, was routine.
The MPS, responsible for internal security, social control, and
basic police functions, is one of the most powerful organizations in
the country and controlled an estimated 144,000 public security
personnel. MPS maintains law and order; investigates common criminal
cases; manages the prison system; controls traffic; monitors citizens'
political attitudes; conducts background investigations, census, and
civil registrations; controls individual travel; manages the
Government's classified documents; protects government and party
officials; and patrols government buildings and some government and
party construction activities. Border Guards are the paramilitary force
of the MPS and are primarily concerned with monitoring the border and
with internal security.
NGOs reported a ``50-Day Battle'' initiated by the Government in
January to increase surveillance and the role of the public security
forces to prevent defections (see section 2.d.).

Arrest Procedures and Treatment While in Detention.--Revisions to
the Criminal Code and the Criminal Procedure Code in 2004 and 2005
added shortened periods of detention during prosecution and trial,
arrest by warrant, and prohibition of collecting evidence by forced
confessions. There was no confirmation of whether these changes were
incorporated in practice, or if the Government increased the amount of
resources to eliminate inhumane conditions.
Members of the security forces arrested and reportedly transported
citizens suspected of committing political crimes to prison camps
without trial. According to one South Korean NGO, beginning in 2008 the
PSA was authorized to handle directly criminal cases without approval
of prosecutors. Previously, once police officers arrested suspects, the
preadjudication department examined facts and evidence of the case and
passed the case to prosecutors. The court made an official decision on
the case only after completion of the prosecutors' investigation. The
change was made reportedly because of corruption among prosecutors. One
NGO reported that investigators could detain an individual for the
purpose of investigation up to two months.
There were no restrictions on the Government's ability to detain
and imprison persons at will or to hold them incommunicado. Family
members and other concerned persons found it virtually impossible to
obtain information on charges against detained persons or the lengths
of their sentences. Judicial review of detentions did not exist in law
or in practice.

e. Denial of Fair Public Trial.--The constitution states that
courts are independent and that judicial proceedings are to be carried
out in strict accordance with the law; however, an independent
judiciary did not exist. The constitution mandates that the central
court is accountable to the Supreme People's Assembly, and the criminal
code subjects judges to criminal liability for handing down ``unjust
judgments.'' Witness to Transformation reported that only 13 percent of
the 102 respondents who were incarcerated in the country received a
trial.

Trial Procedures.--The MPS dispensed with trials in political cases
and referred prisoners to the SSD for punishment. Little information
was available on formal criminal justice procedures and practices, and
outside access to the legal system was limited to trials for traffic
violations and other minor offenses.
The constitution contains elaborate procedural protections,
providing that cases should be heard in public, except under
circumstances stipulated by law. The constitution also states that the
accused has the right to a defense, and when trials were held, the
Government reportedly assigned lawyers. Some reports noted a
distinction between those accused of political, as opposed to
nonpolitical, crimes and claimed that the Government offered trials and
lawyers only to the latter. There was no indication that independent,
nongovernmental defense lawyers existed. According to a Washington Post
report and the South Korean National Human Rights Commission report,
most inmates at prison camps were sent there without a trial and
without knowing the charges against them.

Political Prisoners and Detainees.--While the total number of
political prisoners and detainees remained unknown, a 2003 report by
the U.S. Committee for Human Rights in North Korea, The Hidden Gulag,
reported an estimated 150,000 to 200,000 persons were believed to be
held in kwan-li-so political penal-labor camps. The Washington Post and
Donga Ilbo estimated 154,000 political prisoners were being held in
labor camps. The Government considered critics of the regime to be
political criminals. Political offenses reported during the year
included burning old currency or criticizing the Government's currency
revaluation. Reports from past years described political offenses as
including sitting on newspapers bearing Kim Il-sung's or Kim Jong-il's
picture, mentioning Kim Il-sung's limited formal education, or defacing
photographs of the Kims.

Civil Judicial Procedures and Remedies.--According to article 69 of
the constitution, ``[c]itizens are entitled to submit complaints and
petitions. The state shall fairly investigate and deal with complaints
and petitions as fixed by law.'' Under the Law on Complaint and
Petition, citizens are entitled to submit complaints to stop
encroachment upon their rights and interests or seek compensation for
the encroached rights and interests. Reports indicated this right was
not respected in practice.
During the year the currency revaluation of November 2009 was
reversed following reports of food shortages and public discontent and
unrest. The November 2009 currency revaluation decreed that families
could only trade 100,000 won (approximately $30), for new won. (Note:
following the Government currency revaluation in November 2009, the
exchange rate has fluctuated. Approximations in this report are based
on the rate as of December 2010.) No other property restitution was
granted.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution provides for the inviolability of
person and residence and the privacy of correspondence; however, the
Government did not respect these provisions in practice. The regime
subjected its citizens to rigid controls. The Government relied upon a
massive, multilevel system of informants to identify critics and
potential troublemakers. Entire communities sometimes were subjected to
security checks. Possessing ``antistate'' material and listening to
foreign broadcasts were crimes that could subject the transgressor to
harsh punishments, including up to five years of labor reeducation.
The Government monitored correspondence and telephone
conversations. Private telephone lines operated on a system that
precluded making or receiving international calls; international phone
lines were available only under restricted circumstances. Foreign
diplomats in Pyongyang stated that the local network was divided so
telephone use remained a privilege.
During the year press reports estimated access to an internal
mobile phone network increased to an estimated 300,000 users. The
system was segregated from systems used by foreigners and could not be
used for international calls. In the border regions adjacent to China,
unauthorized Chinese mobile phones were reported to be used in making
international calls. Those caught using such cell phones illegally were
reportedly arrested and required to pay a fine or face charges of
espionage, or harsher punishments.
On February 1, the MPS issued a decree to limit communication and
access to information from South Korea, and to increase surveillance of
the border to prevent defections. The South Korean press reported that
jamming devices were installed to obstruct cell phone communications.
The press reported detentions of up to 10 years were common for
accessing outside media. The press also reported increased punishment,
including fines between 500,000 and one million won ($278-$556), for
calling people in China and possible punishment for the political
offense of communicating with South Korea. NGOs reported increased
monitoring of Chinese cell phones by government agents and arrests for
using cell phones to call relatives outside the country.
In September the Washington Post reported that the city of Hoeryong
employed 14 men to monitor the region's phone conversations; typically
they can tap a call within two or three minutes of its being initiated.
The Government divided citizens into strict loyalty-based classes
known as songbun, which determined access to employment, higher
education, place of residence, medical facilities, certain stores, and
marriage prospects.
Collective punishment was practiced. Entire families, including
children, have been imprisoned when one member of the family was
accused of a crime. Collective punishment reportedly can extend to up
to three generations.
The Agence France-Presse reported harsher punishments, including
collective punishment for families of defectors. An NGO reported that
the MPS decree issued during the year stipulated individuals caught
using an unauthorized cell phone and their family members would be sent
to a political prison camp.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press; however, the Government prohibited
the exercise of these rights in practice. There were numerous instances
of persons being interrogated or arrested for saying anything that
could be construed as negative towards the Government.
The constitution provides for the right to petition. However, the
Government did not respect this right. For example, when anonymous
petitions or complaints about state administration were submitted, the
SSD and MPS sought to identify the authors, who could be subjected to
investigation and punishment.
During the year Reporters without Borders reported that two
journalists died, resulting from harsh conditions at the Yoduk
political prisoner camp in 2001. Both reporters reportedly were
detained at the camp for criticizing the leadership of Kim Jong-il.
Information regarding the deaths could not be confirmed.
The Government sought to control virtually all information. There
were no independent media. The Government carefully managed visits by
foreigners, especially journalists.
During visits by foreign leaders, groups of foreign journalists
were permitted to accompany official delegations and file reports. In
all cases journalists were monitored strictly. Journalists generally
were not allowed to talk to officials or to persons on the street. For
all foreign visitors, including journalists, cell or satellite phones
were held at the airport for the duration of the stay.
Domestic media censorship continued to be strictly enforced, and no
deviation from the official government line was tolerated. The
Government prohibited listening to foreign media broadcasts except by
the political elite, and violators were subject to severe punishment.
Radios and television sets, unless altered, are set to receive only
domestic programming; radios obtained from abroad had to be altered to
operate in a similar manner. Elites and facilities for foreigners, such
as hotels, could be granted permission to receive international
television broadcasts via satellite. The Government continued to
attempt to jam all foreign radio broadcasts. The postal service is
limited. The New York Times has reported that the phone book is
considered classified.

Internet Freedom.--Internet access for citizens was limited to
high-ranking officials and other designated elites, including select
university students. This access was granted via international
telephone lines through a provider in China, as well as a local
connection that was linked with a German server. An ``intranet'' was
reportedly available to a slightly larger group of users, including an
elite grade school, select research institutions, universities, and
factories, and a few individuals. The Korea Computer Center acted as
the gatekeeper, downloading only acceptable information for access
through the intranet. Reporters Without Borders reported that some e-
mail access existed through this internal network. According to a 2009
press report, an increasing number of citizens had e-mail addresses on
their business cards, although they were usually e-mail addresses
shared among all the employees of an organization. In 2009 Reporters
Without Borders named the country an ``Internet Enemy'' due to its
strict Internet restrictions.

Academic Freedom and Cultural Events.--The Government restricted
academic freedom and controlled artistic works. A primary function of
plays, movies, operas, children's performances, and books was to
buttress the cult of personality surrounding Kim Il-sung and Kim Jong-
il.
According to North Korean media, Kim Jong-il frequently told
officials that ideological education must take precedence over academic
education in the nation's schools. Indoctrination was carried out
systematically through the mass media, schools, and worker and
neighborhood associations. Indoctrination continued to involve mass
marches, rallies, and staged performances, sometimes including hundreds
of thousands of persons.
An NGO reported in January that following the currency revaluation,
local officials lectured at education projects to silence complaints
about the Government's policies. Police launched a ``50-Day Battle'' to
increase security on unauthorized economic activity.
The Government continued its attempt to limit foreign influences on
its citizens. Listening to foreign radio and watching foreign films is
illegal; however, numerous NGOs reported that Chinese and South Korean
DVDs, VCDs, CDs, and videotapes continued to be smuggled into the
country. The Government intensified its focus on preventing the
smuggling of imports of South Korean popular culture, especially
television dramas. According to media and NGO reports, in an attempt to
enforce the restriction against foreign films, police routinely cut
electricity to apartment blocks and then raided every apartment to see
what types of DVDs and videos were stuck in the players.
There were numerous examples of the Government's crackdown on
foreign DVDs. In February the South Korean media reported that house
searches to combat the spread of South Korean videos were common
following the currency revaluation.
During the year, the New York Times reported that a 35-year-old man
spent six months in a labor camp in 2009 after being caught watching
``Twin Dragons,'' a foreign film with Jackie Chan.
An NGO reported that in June local officials in North Hamkyung
Province cracked down on illegal movies from the ROK. Officials entered
homes without warning, examined electric devices to see if VCR and DVD
players had South Korean programs, confirmed televisions and radios had
fixed channels, and checked if households had other electronic
equipment such as MP3 players. Recording machines and computers were
confiscated and nine families were reportedly arrested for possessing
South Korean DVDs.
According to an NGO, security guards of Chungjin, North Hamkyung
Province arrested three art students for watching and circulating South
Korean movies with 30 other people. However, the students were underage
and of high-status families, therefore making it difficult to impose
harsh punishment.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly; however,
the Government did not respect this provision in practice and continued
to prohibit public meetings not previously authorized.
The New York Times reported that widespread hardship, popular anger
over the currency revaluation, and growing political uncertainty did
not harden into noticeable resistance against the Government (see
section 1.e.).

Freedom of Association.--The constitution provides for freedom of
association; however, the Government failed to respect this provision
in practice. There were no known organizations other than those created
by the Government. Professional associations existed primarily to
facilitate government monitoring and control over organization members.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for the ``freedom to
reside in or travel to any place''; however, the Government did not
respect this right in practice. During the year, the Government
continued to carefully control internal travel. The Government did not
cooperate with the Office of the UN High Commissioner for Refugees or
other humanitarian organizations in providing protection and assistance
to internally displaced persons, refugees, returning refugees, asylum
seekers, stateless persons, and other persons.
The Government continued to restrict the freedom to move within the
country. Only members of a very small elite class and those with access
to remittances from overseas had access to personal vehicles, and
movement was hampered by the absence of an effective transport network
and by military and police checkpoints on main roads at the entry to
and exit from every town. Use of personal vehicles at night and on
Sundays was restricted.
The Government strictly controlled permission to reside in, or even
to enter, Pyongyang, where food supplies, housing, health, and general
living conditions were much better than in the rest of the country.
Foreign officials visiting the country observed checkpoints on the
highway leading into Pyongyang from the countryside.
The Government also restricted foreign travel. The Government
limited issuance of exit visas for foreign travel to officials and
trusted businessmen, artists, athletes, and academics. Short-term exit
papers were available for some residents on the Chinese border to
enable visits with relatives or to engage in small-scale trade.
It was not known whether the laws prohibit forced exile; the
Government reportedly forced the internal exile of some citizens. In
the past the Government engaged in forced internal resettlement of tens
of thousands of persons from Pyongyang to the countryside. Sometimes
this occurred as punishment for offenses, although there were reports
that social engineering was also involved. For example, although
disabled veterans were treated well, other persons with physical and
mental disabilities, as well as those judged to be politically
unreliable, were sent out of Pyongyang into internal exile.
The Government did not allow emigration, and beginning in 2008 it
tightened security on the border, which dramatically reduced the flow
of persons crossing into China without required permits. NGOs reported
strict patrols and surveillance of residents of border areas and a
crackdown on border guards who may have been aiding border crossers in
return for bribes.
Substantial numbers of citizens have crossed the border into China
over the years, and NGO estimates of those who lived there ranged from
thousands to hundreds of thousands. During the year reports suggested
that the number of North Koreans in northeastern China declined. Some
settled semipermanently in northeastern China, others traveled back and
forth across the border, and others sought asylum and permanent
resettlement in third countries. A few thousand citizens were settled
in third countries during the year.
A February 1 decree by the MPS made special stipulations against
defectors, increasing the charge to a ``crime of treachery against the
nation,'' possibly punishable by execution. This decree coincided with
NGOs' reports of a ``50-Day Battle'' to wipe out potentially hostile
forces of unrest, increasing scrutiny of and punishments for possessing
Chinese cell phones and South Korean videos, and preventing defections.
Security increased along border areas, and the South Korean press
reported increased house searches.
South Korean press reported that the Government issued orders for
guards to shoot to kill attempted border crossers. South Korean press
reported that five North Koreans were shot dead on the Chinese side of
the border and two others wounded by North Korean border guards after
they crossed the Apnok River on December 14.
The law criminalizes defection and attempted defection, including
the attempt to gain entry to a foreign diplomatic facility for the
purpose of seeking political asylum. Individuals who cross the border
with the purpose of defecting or seeking asylum in a third country are
subject to a minimum of five years of ``labor correction.'' In
``serious'' cases defectors or asylum seekers are subject to indefinite
terms of imprisonment and forced labor, confiscation of property, or
death. Many would-be refugees who were returned involuntarily were
imprisoned under harsh conditions. Some sources indicated that the
harshest treatment was reserved for those who had extensive contact
with foreigners.
In the past, reports from defectors indicated that the Government
differentiated between persons who crossed the border in search of food
(who might be sentenced only to a few months of forced labor or in some
cases merely issued a warning) and persons who crossed repeatedly or
for political purposes (who were sometimes sentenced to heavy
punishments, including death). The law stipulates a sentence of up to
two years of ``labor correction'' for the crime of illegally crossing
the border.
During the year the Government reportedly continued to enforce the
policy that all border crossers be sent to prison or reeducation
centers.
Witness to Transform reported that approximately one-quarter of
defectors who had successfully escaped North Korea surveyed in 2004
reported having been arrested in China and repatriated to North Korea
at least once before their successful departure.
On June 13, a South Korean NGO reported that 13 North Korean
defectors were caught in Dandong, China, and 10 were repatriated back
to North Korea. The group consisted of two men and eight women. Three
children of age five and six were released.
On May 31, Asahi Shinbum of Japan reported that the North Korean
authorities were investigating every household for defectors and
missing persons. If a family member on the family registration was not
occupying the household, thorough interrogation took place. More than
1,000 of those who could not answer questions properly and clearly were
taken away for punishment. Moreover, the Government was issuing new
identification cards for every person older than 17 years of age, in
order to investigate the number of missing citizens.
On July 26, a South Korean NGO reported that three repatriated
North Korean defectors were executed. Two brokers who had aided their
departure were reportedly sentenced to life in prison.

Protection of Refugees.--The law does not provide for the granting
of asylum or refugee status in accordance with the 1951 Convention
relating to the Status of Refugees and its 1967 protocol, nor has the
Government established a system for providing protection for refugees.
The Government did not grant refugee status or asylum. The Government
had no known policy or provision for refugees or asylees and did not
participate in international refugee fora.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens do not have the right to change their government
peacefully. The KWP and the Korean People's Army, with Kim Jong-il in
control, dominated the political system. Little reliable information
was available on intraregime politics. The legislature, the Supreme
People's Assembly (SPA), meets only a few days per year to rubber-stamp
resolutions and legislation presented by the party leadership.
In September international press reported that Kim Jong-eun, son of
Kim Jong-il, was promoted to senior military and party positions that
established him as heir-apparent to his father and the de facto second
in the leadership structure.
The Government demanded near deification of both Kim Jong-il and
Kim Il-sung. All citizens remained subject to intensive political and
ideological indoctrination, which was intended to ensure loyalty to the
leadership and conformity to the state's ideology and authority.

Elections and Political Participation.--Elections of delegates to
the SPA were held in March 2009. The elections were neither free nor
fair, and the outcome was virtually identical to prior elections. The
Government openly monitored voting, resulting in nearly 100 percent
participation and 100 percent approval.
The Government has created several ``minority parties.'' Lacking
grassroots organizations, they existed only as rosters of officials
with token representation in the SPA. The Government regularly
criticized the concept of free elections and competition among
political parties as an ``artifact'' of ``capitalist decay.''
Following the 2003 elections, women made up 20 percent of the
membership of the SPA. Women constituted approximately 4.5 percent of
the membership of the Central Committee of the KWP but held few key KWP
leadership positions. During the year Kim Kyoung-hui, minister of light
industry and Kim Jong-il's sister, was promoted to be a member of the
politburo and given general officer rank.
The country is racially and ethnically homogenous. Officially there
are no minorities, and there was no information on minority
representation in the Government.
Section 4. Official Corruption and Government Transparency
It is not known whether the law provides criminal penalties for
official corruption, whether the Government implemented any such laws
effectively, or how often officials engaged in corrupt practices with
impunity. Corruption was reportedly widespread in all parts of the
economy and society. Corruption in the security forces was endemic.
Reports of diversion of food to the military and government
officials and bribery were indicative of corruption in the Government
and security forces. The Government continued to deny any diversion of
food, although it hinted that it was combating internal corruption.
In June the New York Times reported that in the wake of the
currency revaluation, individuals with political connections avoided
having their savings confiscated while market traders were severely
limited in the amount of money they were permitted to exchange into new
won. One woman from Hamhung said the local bank director allowed her
relatives to exchange three million won ($1,667), 30 times the official
limit.
In December a South Korean NGO reported that the NSA promised to
guarantee smugglers impunity to continue their smuggling activities if
they reported river crossers to the NSA.
These examples were illustrative, not exhaustive, and the extent of
corruption was unknown.
Foreign media reported that the Government launched a formal
corruption investigation in 2008 specifically targeting the National
Economic Cooperation Federation and the North Korean People's Council
for National Reconciliation. The federation reportedly accepted bribes
to label Chinese-made goods as ``Made in North Korea,'' allowing them
to be exported to South Korea duty free. There were no new developments
in this case during the year.
It was not known whether public officials are subject to financial
disclosure laws and whether a government agency is responsible for
combating corruption. There are no known laws that provide for public
access to government information.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were no independent domestic organizations to monitor human
rights conditions or to comment on the status of such rights. The
Government's North Korean Human Rights Committee denied the existence
of any human rights violations in the country.
The Government ignored requests for visits from international human
rights experts and NGOs. The NGO community and numerous international
experts continued to testify to the grave human rights situation in the
country during the year. The Government decried international
statements about human rights abuses in the country as politically
motivated and as interference in internal affairs. The Government
asserted that criticism of its human rights record was an attempt by
some countries to cover up their own abuses and that such hypocrisy
undermined human rights principles.
The Government emphasized that it had ratified a number of UN human
rights instruments but continued to refuse cooperation with UN
representatives. The Government prevented the newly appointed UN
special rapporteur on the situation of human rights in the DPRK,
Marzuki Darusman, from visiting the country to carry out his mandate.
The Government continued to refuse to recognize the special
rapporteur's mandate and rejected the offer of the Office of the High
Commissioner on Human Rights to work with the Government on human
rights treaty implementation.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution grants equal rights to all citizens. However, the
Government has reportedly never granted its citizens most fundamental
human rights in practice, and it continued pervasive discrimination on
the basis of social status.

Women.--The Government appeared to criminalize rape, but no
information was available on details of the law and how effectively the
law was enforced. Women in prison camps reportedly were subject to rape
by prison guards and forced abortions.
Violence against women has been reported as a significant problem
both inside and outside the home.
Women who have left the country reported that although ``sexual
violation'' was understood, ``sexual harassment'' is not defined in the
DPRK. Despite the 1946 Law on Equality of the Sexes, defectors reported
that sexual harassment of women was generally accepted due to
patriarchal traditions. Defectors reported that there was little
recourse for women who have been harassed.
It was difficult to obtain accurate information regarding
reproductive rights in the country. According to the country's initial
report to the Convention on the Elimination of All Forms of
Discrimination Against Women submitted in 2002, ``family planning is
mapped out by individual families in view of their actual circumstances
and in compliance with laws, regulations, morality, and customs.Women
have the decision of the spacing of children in view of their own wish,
health condition, and the like. But usually the spacing of children is
determined by the discussion between the wife and the husband.'' The UN
Population Fund estimated that the maternal mortality ratio in 2008 was
250 per 100,000 live births. In 2000 the country reported in the UN
Children's Fund's (UNICEF) multiple-indicator cluster survey that a
doctor, nurse, or skilled midwife delivered 96.7 percent of births.
The constitution states that ``women hold equal social status and
rights with men''; however, few women reached high levels of the party
or the Government, although they were represented proportionally in the
labor force.
Press and think tanks have reported that, while women were less
likely than men to be assigned full-time jobs, they had more
opportunity to work outside the socialist economy.

Children.--Citizenship is derived from one's parents and in some
cases birth within the country's territory.
The state provides 11 years of free compulsory education for all
children. However, reports indicated some children were denied
educational opportunities and subjected to punishments and
disadvantages as a result of the loyalty classification system and the
principle of ``collective retribution'' for the transgressions of
family members. NGO reports also indicated children were unable to
attend school regularly because of hidden fees or insufficient food.
Foreign visitors and academic sources reported that from fifth
grade children were subjected to several hours a week of mandatory
military training and that all children had indoctrination in school.
The UN Committee on the Rights of the Child repeatedly has
expressed concern over de facto discrimination against children with
disabilities and the insufficient measures taken by the state to ensure
these children had effective access to health, education, and social
services.
It was not known whether boys and girls had equal access to state-
provided medical care; access to health care was largely dependent upon
loyalty to the Government.
Information about societal or familial abuse of children remained
unavailable. There were reports of trafficking in young girls among
persons who had crossed into China.
Article 153 of the criminal law states that a man who has sexual
intercourse with a girl under the age of 15 shall be ``punished
gravely.''
In March one South Korean media source reported that the inadequacy
of sex education in schools contributed to sexual harassment and
violence against young girls in and out of schools.
In February a South Korean NGO reported an increase in the number
of street children (known as kkotjebi) in markets of North Hamkyung
Province following the currency revaluation.
An NGO reported that in August street children at the Shinsungchun
station attempted to rob an individual, which led to the individual's
death. It was reported that the authorities subsequently beat,
arrested, and then killed the children.
According to NGO reports, there was a large population of street
children, many of them orphans, who were denied entrance to public
schools.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction.

Anti-Semitism.--There was no known Jewish population, and there
were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--A 2003 law mandates equal access for
persons with disabilities to public services; however, implementing
legislation has not been passed. Traditional social norms condone
discrimination against persons with physical disabilities. Although
veterans with disabilities were treated well, other persons with
physical and mental disabilities have been reportedly sent out of
Pyongyang into internal exile, quarantined within camps, and forcibly
sterilized. According to a report released in 2006 by the World
Association of Milal, an international disability NGO, persons with
disabilities constituted approximately 3.4 percent of the population,
more than 64 percent of whom lived in urban areas. A domestic
organization known as the Korean Federation for the Protection of the
Disabled (KFDP) has endorsed this number. A foreign NGO reported that
the KFDP allowed them to operate in North Korea. The NGO was allowed to
provide support and training at an orthopedic hospital, a school for
hearing-impaired children, a coal mine hospital, and a home for elderly
persons with disabilities. It was not known whether the Government
restricted the right of persons with disabilities to vote or
participate in civic affairs.
The KFDP was founded in 1999 to coordinate the work with disabled
population countrywide. In 2008 KFPD formed a partnership with the
World Federation for the Deaf (WFD). According to WFD, North Korea
reported that it had eight schools for the deaf, founded following Kim
Il-Sung's instruction to build several schools for deaf children in
1959.
UNICEF has noted that very high levels of malnutrition indicate
serious problems for both the physical growth and psychosocial
development of young children. The UN Food and Agriculture Organization
(FAO) estimated that 7.8 million, or 33 percent of the population was
undernourished. FAO estimated 37 percent of children suffered from
stunting.

Social Abuses, Discrimination, and Acts of Violence Based on Sexual
Orientation and Gender Identity.--There are no laws against
homosexuality; however, no information was available on discrimination
based on sexual orientation or gender identity.

Other Societal Violence or Discrimination.--No information was
available regarding discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The constitution provides for freedom
of association; however, this provision was not respected in practice.
There were no known labor organizations other than those created by the
Government. The KWP purportedly represents the interests of all labor.
There was a single labor organization, the General Federation of Trade
Unions of Korea. Operating under this umbrella, unions functioned on a
classic Stalinist model, with responsibility for mobilizing workers to
support production goals and for providing health, education, cultural,
and welfare facilities.
Unions do not have the right to strike. According to North Korean
law, unlawful assembly can result in five years of correctional labor.

b. The Right to Organize and Bargain Collectively.--Workers do not
have the right to organize or to bargain collectively. The Government
controls all employment aspects, ranging from assigning jobs to
determining wages. Joint ventures and foreign-owned companies are
required to hire their employees from government-vetted lists of
workers. Factory and farm workers were organized into councils, which
had an impact on management decisions. Although the law stipulates that
employees working for foreign companies can form trade unions and that
foreign enterprises must guarantee conditions for union activities, the
law does not protect workers who might attempt to engage in union
activities from employer retaliation, nor does it impose penalties for
employers who interfere in union activities.
There was one special economic zone (SEZ) in the Rajin-Sonbong
area. The same labor laws that apply in the rest of the country apply
in the Rajin-Sonbong SEZ, and workers in the SEZ were selected by the
Government.
Under a special law that created the Kaesong Industrial Complex
(KIC), located close to the demilitarized zone between South Korea and
North Korea, special regulations covering labor issues negotiated with
South Korea were in effect for the management of labor in the area.
Those regulations did not contain provisions that guarantee freedom of
association or the right to bargain collectively.
According to South Korea's Ministry of Unification, a total of 122
South Korean firms were operational at the KIC as of December, and
approximately 46,000 North Korean workers were employed at KIC as of
December. South Korea's Ministry of Unification reported that the
DPRK's Central Special Zone Development Guidance Bureau provided
candidates for selection by South Korean companies. Under an inter-
Korean agreement, North Korean workers at the KIC reportedly earned a
monthly basic minimum wage of $60.77 after social welfare deductions
(according to the KIC Labor Law, wages are set in U.S. dollars).
Employing firms reported, however, that with overtime the average
worker earned approximately $88 per month before deductions. Due to a
lack of transparency, it was difficult to determine what proportion of
their earned wages workers ultimately took home. Although the special
laws governing the KIC require direct payment in cash to the workers,
the wages were in fact deposited into accounts controlled by the North
Korean government, which withheld a portion for social insurance and
other benefits and then remitted the balance (reportedly about 70
percent) to the workers in an unknown combination of ``commodity supply
cards,'' which could be exchanged for staple goods, and North Korean
won, converted at the official exchange rate. Workers at the KIC do not
have the right to choose employers.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor. However, the Government mobilized the
population for construction and other labor projects, including on
Sundays, the one day off per week. The penal code criminalizes forced
child labor; however, there were reports that such practices occurred
(see section 7.d.). The Government also frequently gathered large
groups together for mass demonstrations and performances. ``Reformatory
labor'' and ``reeducation through labor,'' including of children, have
traditionally been common punishments for political offenses. Forced
and compulsory labor, such as logging, mining, tending crops, and
manufacturing, continued to be the common fate of political prisoners.
The NGO Human Rights Watch reported that one defector was forced to
work 16 hours a day in a mine.
The penal code requires that all citizens of working age must work
and ``strictly observe labor discipline and working hours.'' There were
numerous reports that farms and factories did not pay wages or provide
food to their workers. According to reports from one NGO, during the
implementation of short-term economic plans, factories and farms
increased workers' hours and asked workers for contributions of grain
and money to purchase supplies for renovations and repairs. According
to the penal code, failure to meet economic plan goals can result in
two years of ``labor correction.''
From April to September 2009, numerous reports indicated that the
Government initiated a ``150-day battle'' labor-mobilization campaign
to boost the economy by increasing work hours and production goals. The
150-day battle campaign exhorted workers to work harder to resolve food
shortages and to rebuild infrastructure. The labor drive was part of
the country's larger goal of building a ``great, prosperous, and
powerful'' nation by 2012, the birth centennial of Kim Il Sung.
Immediately after the 150-day battle the country engaged in a second
labor-mobilization campaign, the ``100-Day battle,'' to further
increase output.
A June NewYork Times report stated that each family connected to
Chongjin state construction company was required to deliver 17 bags of
pebbles each month to the local party committee to contribute to
resurfacing Chongjin's only paved road in preparation for the 2012
centennial of Kim Il-Sung's birth.
Forced labor continued to take place in brick making, cement
manufacturing, coal mining, gold mining, iron production, and textile
industries.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
According to the law, the state prohibits work by children under the
age of 16 years.
School children sometimes were sent to work in factories or in the
fields for short periods to assist in completing special projects, such
as snow removal on major roads, or in meeting production goals.
Children were forced also to participate in cultural activities and,
according to academic reports, were subjected to harsh conditions
during mandatory training sessions. Thousands of children were
reportedly held and forced to work in labor camps alongside their
parents.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

e. Acceptable Conditions of Work.--No reliable data were available
on the minimum wage in state-owned industries. However, anecdotal
reports indicated that the average daily wage was not sufficient to
provide a decent standard of living for a worker and family. Since the
2002 economic reforms, compensation underwent significant change, as
citizens sought to earn hard currency to support themselves and their
families. Workers often had to pay for services, such as housing rental
and transportation, that previously had been provided either free or at
highly subsidized rates by the state. Foreign observers who visited the
country reported that many factory workers regularly failed to go to
work, paying a bribe to managers to list them as present, so they could
engage in various trading and entrepreneurial activities instead. The
same source stated that many government factories were not operating,
primarily due to electricity shortages.
Class background and family connections could be as important as
professional competence in deciding who received particular jobs, and
foreign companies that have established joint ventures continued to
report that all their employees must be hired from registers screened
by the Government.
The constitution stipulates an eight-hour workday; however, some
sources reported that laborers worked longer hours, perhaps including
additional time for mandatory study of the writings of Kim Il-sung and
Kim Jong-il. The constitution provides all citizens with a ``right to
rest,'' including paid leave, holidays, and access to sanitariums and
rest homes funded at public expense; however, the state's willingness
and ability to provide these services was unknown. Foreign diplomats
reported that workers had 15 days of paid leave plus paid national
holidays. Some persons were required to take part in mass events on
holidays, which sometimes required advance practice during work time.
Workers were often required to ``celebrate'' at least some part of
public holidays with their work units and were able to spend a whole
day with their families only if the holiday lasted two days.
Many worksites were hazardous, and the industrial accident rate was
high. The law recognizes the state's responsibility for providing
modern and hygienic working conditions. The penal code criminalizes the
failure to heed ``labor safety orders'' pertaining to worker safety and
workplace conditions only if it results in the loss of lives or other
``grave loss.'' In addition workers do not have an enumerated right to
remove themselves from hazardous working conditions.
Citizens labored under harsh conditions while working abroad for
North Korean firms and under arrangements between the Government and
foreign firms. Contract laborers worked in Africa; Central and Eastern
Europe (most notably in Russia); Central, East, and Southeast Asia; and
the Middle East. In most cases employing firms paid salaries to the
North Korean government, and it was not known how much of that salary
the workers received. Workers were typically watched closely by
government officials while overseas and reportedly did not have freedom
of movement outside their living and working quarters.
Wages of some of the several thousand North Koreans employed in
Russia reportedly were withheld until the laborers returned home,
making them vulnerable to deception by North Korean authorities, who
promised relatively high payments.

__________

KOREA, REPUBLIC OF

The Republic of Korea (Korea or ROK) is a constitutional democracy
governed by President Lee Myung-bak and a unicameral legislature. The
country has a population of approximately 48 million. In 2008 the Grand
National Party obtained a majority of National Assembly seats in a free
and fair election. Security forces reported to civilian authorities.
The following human rights problems were reported: hazing of
military personnel, imprisonment of conscientious objectors, the
Government's interpretation of laws regulating the Internet and
telecommunications, and sexual and domestic violence.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
During the first six months of the year, there were 35 suicides
among military personnel, 13 of which were cited as being caused by
hazing, mistreatment, or an inability to adjust to military life. The
Ministry of National Defense conducted independent investigations of
these incidents and made no arrests. The ministry maintained a suicide
prevention program.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and there were no
reports that government officials employed them.
During the year the Ministry of National Defense reported 22 hazing
incidents resulting in physical injuries. Nine persons were indicted in
these incidents. The ministry maintained a hazing prevention program.

Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, and the
Government permitted monitoring visits by independent human rights
observers.
The Ministry of Justice reported the total of number of prisoners
at year's end was 45,681, of whom 2,375 were women and 430 were
juveniles. Pretrial detainees generally are held at detention centers;
when held at prisons, they are separated from the prisoners and are
subject to looser restrictions on access to visitors and telephone use.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. Authorities permitted prisoners and
detainees to submit complaints to judicial authorities without
censorship and to request investigation of credible allegations of
inhumane conditions. Authorities investigated credible allegations of
inhumane conditions and documented the results of such investigations
in a publicly accessible manner. The Government investigated and
monitored prison and detention center conditions.
Prisoners can petition the Ministry of Justice's Human Rights
Violations Center or the National Human Rights Commission (NHRC) to
make prison abuse claims. During the year 300 petitions were submitted
to the justice minister, of which 64 were under investigation. Of the
67 filed with the Human Rights Violations Center, five resulted in
findings of relief for the petitioners. The International Committee of
the Red Cross, which maintains an office in Seoul, did not request
prison visits during the year.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions. However, the National Security Law grants authorities the
power to detain, arrest, and imprison persons who commit acts that the
Government views as intended to endanger the ``security of the state.''
Nongovernmental organizations (NGOs) continued to call for reform or
repeal of the law, contending that its provisions do not define
prohibited activity clearly. The Ministry of Justice maintained that
the courts had established legal precedents for strict interpretation
of the law that preclude arbitrary application.
During the year 32 persons were detained for violating the National
Security Law; 26 were indicted, one had indictment delayed, one was
dismissed, and four others were under investigation. Of those who were
indicted, 14 were convicted and 12 were in trial proceedings.
In August authorities arrested a pastor for violating the National
Security Law by travelling to the Democratic People's Republic of Korea
(DPRK or North Korea) without prior permission from the Government. In
December the pastor was sentenced to 10 years in prison.
A secondary school teacher indicted in 2008 for violating the
National Security Law by distributing banned material remained free on
bail. The court heard oral arguments and indicated it would rule on the
case in February 2011.
Four NGO members detained and charged in September 2008 with
illegal contact with North Korean agents and distribution of North
Korean press material for the purpose of exalting DPRK leader Kim Jong-
il were convicted during the year. Two of the members were serving
prison sentences, and the two others received suspended sentences and
probation. All four appealed the sentences and filed a defamation claim
against the Government. In November a district court judge dismissed
the defamation claim and stated that prosecutors did not release false
information. The four appealed, and at year's end the case was pending
before the Supreme Court.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the Korean National Police Agency,
and the Government has effective mechanisms to investigate and punish
abuse and corruption. There were no reports of impunity involving
security forces during the year.

Arrest Procedures and Treatment While in Detention.--The law
requires warrants in cases of arrest, detention, seizure, or search,
except if a person is apprehended while committing a criminal act or if
a judge is not available and authorities believe that a suspect may
destroy evidence or escape capture if not arrested quickly. In such
cases a public prosecutor or police officer must prepare an affidavit
of emergency arrest immediately upon apprehension of the suspect.
Police may not interrogate for more than six hours a person who
voluntarily submits to questioning at police stations. Authorities must
release an arrested suspect within 20 days unless an indictment is
issued. An additional 10 days of detention is allowed in exceptional
circumstances.
There is a bail system. Human rights lawyers stated that
authorities generally did not grant bail for detainees who were charged
with committing serious offenses, might attempt to flee or harm a
victim, or had no fixed address.
The law provides for the right to representation by an attorney,
including during police interrogation. There are no restrictions on
access to a lawyer, but authorities can limit a lawyer's participation
in an interrogation if the lawyer obstructs the interrogation or
divulges information that impedes an investigation. The courts
respected a defendant's right to a lawyer. During the trial stage and,
under certain circumstances, during the pretrial stage, an indigent
detainee may request that the Government provide a lawyer.
Access to family members during detention varied according to the
severity of the crime under investigation. There were no reports of
access to legal counsel being denied.

Amnesty.--The Ministry of Justice reported that special amnesty was
given to 2,735 persons during the year; 5,685 others who violated only
administrative laws also received amnesty.

e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.

Trial Procedures.--The law provides defendants with a number of
rights in criminal trials, including the presumption of innocence,
protection against self-incrimination, the right to a speedy trial, the
right of appeal, and freedom from retroactive laws and double jeopardy.
Trials are open to the public, but judges may restrict attendance if
they believe spectators might disrupt the proceedings. There is a
public jury system, but jury verdicts are not legally binding. Court-
appointed lawyers are provided by the Government (at government
expense) in cases where defendants cannot afford to provide their own
legal counsel. When a person is detained, the initial trial must be
completed within six months of arrest. Judges generally allowed
considerable scope for the examination of witnesses by both the
prosecution and the defense. Defendants have the right to be present
and to consult with an attorney. They can confront or question
witnesses against them, and they can present witnesses and evidence on
their behalf. Defendants have access to relevant government-held
evidence. The constitution provides for the right to a fair trial for
all citizens, and an independent judiciary generally enforced this
right.
In August the Ministry of Justice added grand jury review to its
criminal procedure and installed citizen prosecution commissions at all
prosecutors' offices.

Political Prisoners and Detainees.--The Ministry of Justice stated
that no persons were incarcerated solely because of their political
beliefs.
The law requires military service for all male citizens; it does
not allow for conscientious objectors, who can receive a maximum three-
year prison sentence. The Ministry of Justice noted that the law does
not distinguish conscientious objectors from others who do not report
for mandatory military service. The ministry reported that during the
year there were 6,863 cases of Military Service Act violations, with
1,358 cases referred for trial and 5,505 cases settled out of court.
Watchtower International, a Jehovah's Witnesses organization,
reported that in November there were 933 Jehovah's Witnesses members,
along with approximately 30 others, serving an average of 18 months in
prison for conscientious objection to military service. This number was
more than double that of January 2009. Watchtower attributed the rise
to the number of conscientious objectors who had delayed beginning
prison terms, expecting the Ministry of National Defense to introduce
an alternative service system for conscientious objectors. However, in
2009 the ministry reversed its earlier position and announced it would
not pursue the introduction of an alternative service for conscientious
objectors.
In November Watchtower declared it was monitoring 141 cases on
appeal in the Supreme Court and nine cases before the Constitutional
Court, two of which involved reservists. Constitutional Court rulings
on the matter in 2002 and 2004 upheld the constitutionality of the law.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, and there were no problems
enforcing domestic court orders. Citizens had access to a court to
bring lawsuits seeking damages for, or cessation of, a human rights
violation. There are administrative and judicial remedies available for
alleged wrongs.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice. The law establishes
conditions under which the Government may monitor telephone calls,
mail, and other forms of communication for up to two months in criminal
investigations and four months in national security cases. According to
a National Assembly audit, the number of court-approved wiretappings
decreased from 799 in the first half of 2009 to 589 in the first half
of 2010.
In September the Ministry of Justice indicted seven working-level
officials from the Prime Minister's Office on charges of illegal
civilian surveillance. The investigation found that the Public Official
Ethics Unit within the Prime Minister's Office conducted surveillance
on the former head of Kookmin Bank and known supporter of the previous
administration, as well as on a National Assembly member and his wife.
The ministry was widely criticized in the local media and by local NGOs
for the passive manner in which the investigation was conducted. The
investigation failed to reveal reasons for initiating the surveillance,
additional records of surveillance, and involvement of any high-ranking
officials in ordering the surveillance. In November the court convicted
all seven officials and sentenced them to prison.
The Government continued to require some released prisoners to
report regularly to the police in accordance with the Security
Surveillance Act.
The National Security Law forbids citizens from listening to DPRK
radio programs in their homes or reading books published in the DPRK if
the Government determines that the action endangers national security
or the basic order of democracy in the country. However, this
prohibition was rarely enforced, and viewing DPRK satellite telecasts
in private homes is legal.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
rights in practice. An independent press, an effective judiciary, and a
functioning democratic political system combined to ensure freedom of
speech and of the press. The independent media were active and
expressed a wide variety of views generally without restriction. Under
the National Security Law the Government may limit the expression of
ideas that praise or incite the activities of antistate individuals or
groups.
In December the appeals court affirmed a district court's verdict
of not guilty in the case of four producers and one writer from the
Munwha Broadcasting Corporation's PD Notebook program. The five had
been charged with spreading false rumors about the alleged health risks
of eating U.S. beef. The prosecution appealed the decision to the
Supreme Court.

Internet Freedom.--There were some government restrictions on
access to the Internet and reports that the Government monitored e-mail
and Internet chat rooms.
According to 2008 Organization for Economic Cooperation and
Development data, 95 percent of households had access to the Internet
through broadband connections. In addition to Internet access from
home, public Internet rooms were widely available and inexpensive.
The Government blocked violent, sexually explicit, and gambling-
oriented Web sites and required site operators to rate their site as
harmful or not to youth, based on telecommunications laws that ban
Internet service providers from offering information considered harmful
to youth. The Government also continued to block DPRK Web sites and
direct access to the DPRK's YouTube channel and Twitter account. While
viewing Web sites praising the DPRK regime remained lawful,
disseminating information about the Web sites, including posting links
to the sites, is unlawful under the National Security Law.
In December the Constitutional Court struck down clause 1, article
47, of the Framework Act on Telecommunications as unconstitutional,
ruling that the term ``public interest'' was too broad to meet the
constitutional requirement of a clear definition. The article, which
prohibited individuals from making false communication over the
Internet with the intent to harm ``public interest,'' had been used to
indict individuals who posted allegedly misleading information about
the prospects of financial markets, candlelight protests in 2008, and
North Korea's attacks on a South Korean warship and Yeonpyeong Island
during the year. Observers expected the case against 47 bloggers,
including the blogger Minerva, who wrote more than 200 online postings
criticizing the Government's economic policies, to be dismissed as a
result of this ruling.
In January 2009 the Government expanded the Network Act, which
requires identity verification in order to post messages on Web sites,
to apply to all Web sites operating a domestic server with more than
100,000 visitors (previously set at 300,000) per day, thereby
increasing the number of applicable sites from 37 to 167. A civic
organization challenged the constitutionality of this act for
infringing on freedom of expression. In July the Constitutional Court
heard oral arguments but at year's end had not rendered a decision.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly, and the Government
generally respected this right in practice. The law prohibits
assemblies that are considered likely to undermine public order and
requires police to be notified in advance of demonstrations of all
types, including political rallies. Police must notify organizers if
they consider an event impermissible under this law; however, police
routinely approved demonstrations. The police reportedly banned some
protests by groups that had not properly registered or that were
responsible for violent protests in the past.
A law passed in September 2009 by the National Assembly prohibiting
public gatherings between sunset and sunrise became invalid when the
National Assembly failed to revise it by June, as instructed by the
Constitutional Court.
The Ministry of Justice confirmed that none of the 24 riot police
officers accused of excessive violence during the 2008 beef protests
were arrested. In May three were fined, two were assessed fines of one
million won (approximately $885) each, and one was assessed a fine of a
half-million won ($440).

Freedom of Association.--The law provides for freedom of
association, and the Government generally respected this right in
practice. Associations operated freely, except those seeking to
overthrow the Government.

c. Freedom of Religion.--For a description of religious freedom,
please see the Department of State's 2010 International Religious
Freedom Report at www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--Citizens could generally move freely
throughout the country; however, government officials restricted the
movement of certain DPRK defectors by denying them passports. In many
cases travelers going to the DPRK must receive a briefing from the
Ministry of Unification prior to departure. They must also demonstrate
that their trip does not have a political purpose and is not undertaken
to praise the DPRK or criticize the ROK government.
The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
assisting internally displaced persons, refugees, returning refugees,
asylum seekers, stateless persons, and other persons of concern.
The law does not include provisions for forced exile, and the
Government did not employ it.

Protection of Refugees.--The country's law provides for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees. In practice
the Government provided protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened
on account of their race, religion, nationality, membership in a
particular social group, or political opinion.
The Government did not routinely grant refugee status or asylum.
Government guidelines provide for offering temporary refugee status in
the case of a mass influx of asylum seekers and an alternative form of
protection--a renewable, short-term permit--to those who meet a broader
definition of ``refugee.'' In May 2009 the Ministry of Justice
increased its staff reviewing refugee applications. The average
processing time for refugee applications decreased from 42 months in
March 2008 to 12 months in January 2010. In November the refugee
adjudication authority moved from the ministry's headquarters to the
Seoul Immigration Office, streamlining the bureaucratic procedures and
providing better access to translators available at the Seoul office.
During the year the Government approved 47 applications for refugee
status and rejected 168 applicants.
Those granted refugee status are given resident status with
employment authorization. They are provided with basic living expenses
and medical expenses if their income falls below the poverty line. In
May the NHRC provided consultation service to refugees. In March, for
the first time, a non-DPRK refugee became a Korean citizen. The
Government also provided temporary humanitarian protection to 43
persons who may not qualify as refugees.
The Government continued its longstanding policy of accepting
refugees from the DPRK, who are entitled to citizenship in the ROK. The
Government resettled 1,407 DPRK refugees in the first six months of the
year. In July the Ministry of Unification signed a memorandum of
understanding with the Korean Bar Association to provide legal
assistance to the refugees. In September the ministry opened the DPRK
Refugee Support Foundation to help defectors adjust to life in the ROK.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections held on the basis of universal
suffrage for all citizens 19 years of age or older.

Elections and Political Participation.--National Assembly elections
held in April 2008 were free and fair.
Both the majority and the various minority political parties
operated without restriction or outside interference.
In general elections, 50 percent of each party's candidates on the
proportional ballot must be women, and 30 percent of each party's
geographical candidates are recommended to be women. At year's end
there were 45 women in the 299-seat National Assembly, with one of 18
National Assembly committees chaired by a woman. One of 13 Supreme
Court justices and two of 15 cabinet ministers were women.
There were no members of minority groups in the National Assembly.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government implemented the law effectively. There were reports of
officials receiving bribes and violating election laws. According to
the Ministry of Justice, as of November 481 government officials had
been prosecuted for abuse of authority, bribery, embezzlement or
misappropriation, and falsification of official documents. In the
National Assembly, as of November one member was in detention and
another was on trial for misappropriation and other criminal charges.
By law public servants above a certain rank must register their
assets, including how they were accumulated, thereby making their
holdings public. Several government agencies are responsible for
combating government corruption, including the Board of Audit and
Inspection, which monitors government expenditures, and the Public
Service Ethics Committee, which monitors civil servant financial
disclosures and financial activities. The Anti-Corruption and Civil
Rights Commission manages public complaints and administrative appeals
on corrupt government practices. In the first half of the year, the
commission logged more than 1,500 corrupt government practice claims.
The commission also evaluates ``good governance and cleanliness'' of
public organizations and expanded the number of organizations under its
purview to 712, compared with 478 in 2009.
The country has a Freedom of Information Act, and in practice the
Government granted access for citizens and noncitizens alike, including
foreign media.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views. The Government also was
cooperative with international organizations. UN High Commissioner for
Human Rights Navanethem Pillay and UN Special Rapporteur for Freedom of
Opinion and Expression Frank La Rue visited in May.
The NHRC is an independent government body established to protect
and promote human rights; it has no enforcement powers, and its
decisions are not binding. The NHRC investigates complaints, issues
policy recommendations, and conducts education campaigns.
In December the Truth and Reconciliation Commission of Korea
disbanded after five years of examining more than 10,000 petitions
alleging wrongful civilian deaths caused by military and law
enforcement authorities from the time of Japanese colonial rule in the
early 1900s, the Korean War, and democracy movement crackdowns from the
late 1950s to the 1980s. In its final report, the commission presented
its findings on 86 percent of the incidents and deemed the others
unverifiable. In many cases the commission refrained from assigning
culpability because of difficulty in judging incomplete accounts of
past incidents using present-day standards.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law forbids discrimination on the basis of gender, religion,
disability, social status, and race, and the Government effectively
enforced it.

Women.--The law criminalizes rape. Although there is no specific
statute that defines spousal rape as illegal, the courts have
established a precedent by convicting spouses in such cases. The
penalty for rape is at least three years in prison; if a weapon is used
or two or more persons commit the rape, punishment ranges from a
minimum of five years' to life imprisonment. During the year the
minimum prison sentence for rape or sexual assault increased from five
years to seven and from three years to five, respectively, when the
perpetrator is a relative of the victim.
The Ministry of Justice stated that there were 18,985 reports of
rape or sexual violence during the year, resulting in the indictment of
8,385 suspects. In 2009 there were 8,746 reports and 3,858
prosecutions.
The law defines domestic violence as a serious crime and enables
authorities to order offenders to stay away from victims for up to six
months. Offenders can be sentenced to a maximum of five years in prison
and fined up to seven million won ($6,190). Offenders also may be
placed on probation or ordered to see court-designated counselors. The
law requires police to respond immediately to reports of domestic
violence, and they were generally responsive. During the year the
Justice Ministry registered 4,363 cases of domestic violence, resulting
in 551 indictments.
The law obligates companies and organizations to take preventive
measures against sexual harassment, and the Government enforced the law
effectively. Civil remedies are generally available for sexual
harassment claims. At public institutions, administrative remedies are
also available. The Ministry of Gender Equality and Family (MOGEF)
conducts an annual survey on sexual violence, and its study during the
year found that approximately 2.4 percent of women said they were
victims of sexual harassment. The ministry provides sexual harassment
prevention training to approximately 15,000 public institutions and
reports to the National Assembly annually. In September an assembly
member was expelled from his party for making remarks that could be
interpreted as sexual harassment to a group of female university
students.
The law allows couples and individuals to decide freely the number,
spacing, and timing of their children and to have the information and
means to do so free from discrimination. Access to contraception and
maternal health services, including skilled attendance during
childbirth, prenatal care, and essential obstetric and postpartum care,
were widely available. According to the MOGEF, the estimated maternal
mortality rate in the year was 10.8 deaths per 100,000 live births.
Women were equally diagnosed and treated for sexually transmitted
infections, including HIV.
Women enjoy the same legal rights under the constitution as men.
The law permits a woman to head a household, recognizes a wife's right
to a portion of a couple's property, and allows a woman to maintain
contact with her children after a divorce. The law also allows a
remarried woman to change her children's family name to her new
husband's name.
The Ministry of Employment and Labor (MOEL) reported that labor
participation of women between the ages of 15 and 64 in 2008 was at
54.7 percent. To increase participation of women, the ministry
maintained employment-training centers for women at 72 locations to
provide job assistance to women, especially those with gaps in their
employment history. The ministry also maintained an affirmative action
program for public institutions with 50 or more employees and private
institutions with 500 or more employees; the program requires
institutions that fail to maintain a female workforce that is at least
60 percent that of the average of relevant occupations to comply with a
hiring plan devised by the ministry. The ministry reported that the
size of the workforce composed of women had increased. It also noted
that as of July women filled approximately 42 percent of newly created
jobs and made up more than 45 percent of the newly hired workforce.
The number of women in entry-level civil service positions and new
diplomatic positions continued to increase. However, women continued to
experience a pay gap, since a higher percentage of working women tended
to fill lower-paying, low-skilled contract jobs. An MOEL study
published in December found that women earned 66 percent as much as men
in hourly wages and 62.5 percent when job benefits were included. A
September MOGEF study revealed that only 25 percent of working mothers
in their 20s and 30s had used extended maternity leave. The law
penalizes companies found to discriminate against women in hiring and
promotions. A company found guilty of practicing sexual discrimination
can be fined up to approximately five million won ($4,420).

Children.--Citizenship is based on parentage, which requires that
either the mother or the father be a citizen of the country at the time
of birth. Citizenship is also given in circumstances where parentage is
unclear if a person is stateless. The Government allows all persons to
benefit from public services, regardless of birth registration, if they
are legal residents. There were no reports of a denial of public
services due to a lack of proper birth registration.
As of September a total of 6,910 child abuse cases were reported to
the Ministry for Health and Welfare. The ministry's Child Protection
Center intervened in 4,017 of the cases, 91of which involved abuses in
orphanages and childcare facilities. The ministry maintained shelters
that provided protection, counseling, and treatment services to the
victims of child abuse.
In June high-profile cases of sex offenses against minors prompted
the Government to raise the minimum prison sentence from seven to 10
years for rape and five to seven years for other sexual assaults
involving a minor 13 years of age or younger. Other changes to the law
included extending the statute of limitations for another 10 years in
cases with DNA or other scientific evidence and expanding the
information disclosed on a sexual offender's registry. The MOGEF
maintained 10 centers that provided counseling, treatment, and legal
assistance to child victims of sexual violence.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html as well as
country-specific information at http://travel.state.gov/abduction/
country/country--3781.html.

Anti-Semitism.--There is a small Jewish population consisting
almost entirely of expatriates. There were no reports of anti-Semitic
acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

National/Racial/Ethnic Minorities.--The country has long prided
itself on its racial homogeneity, but its growing ethnic minority
population passed the 1.2 million mark in midyear. To meet the
projected growth in ethnic minorities due to the increasing number of
migrant workers and foreign brides, the MOGEF and MOEL initiated
various programs to increase public awareness of cultural diversity and
to assist foreign workers, wives, and multicultural families to adjust
to life in the country.
The local media reported some violence against foreigners,
including a man with a mental disability killing his foreign bride,
leading to a swift government crackdown on illegal matchmaking
agencies. Other incidents appeared to be isolated in nature. Local NGOs
and the media also reported that North Korean refugees, although
supported through government-funded resettlement programming, faced
discrimination.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law that installed the
NHRC prohibits discrimination on the basis of sexual orientation and
gives the NHRC the authority to review cases of discrimination based on
sexual orientation. During the year the NHRC received six cases of
alleged discrimination against lesbian, gay, bisexual, and transgender
(LGBT) persons but did not find merit in any of the cases. There are no
specific laws punishing or providing remedy to victims of
discrimination or violence against LGBT persons. The Ministry of
Justice reported the equality principles under article 11 of the
constitution apply to LGBT persons. The Government punished
perpetrators of violence against LGBT persons according to the law.
Societal discrimination against LGBT persons persisted. In June the
Constitutional Court heard oral arguments on the constitutionality of
the military code of conduct prohibiting consensual homosexual
relationship between military personnel. At year's end the court had
not issued a ruling.

Other Societal Violence or Discrimination.--Some observers claimed
that persons with HIV/AIDS suffered from societal discrimination and
social stigma. The law protects the confidentiality of persons with
HIV/AIDS and protects them from discrimination.
The NHRC reported there were 577 employment discrimination cases
filed during the year. A total of 104 complaints alleged age
discrimination, and the NHRC recommended remedy in three of the cases.
Section 7. Worker Rights

a. The Right of Association.--The law provides workers with the
right to associate freely and allows public servants to organize
unions. In January the labor law was amended to authorize union
pluralism starting in July 2011. The new law is intended to allow
multiple unions to form at a single enterprise but permit only a single
negotiation channel with management. Amid competition among labor
unions to gain bargaining rights, workers would have more options for
selecting a labor union, resulting in overall improvement of union
services.
The ratio of organized labor in the entire population of wage
earners in 2009 was approximately 10 percent. There are two national
labor federations, the Korean Confederation of Trade Unions (KCTU) and
the Federation of Korean Trade Unions (FKTU), and an estimated 4,689
labor unions. The KCTU and the FKTU were affiliated with the
International Trade Union Confederation (ITUC). Most of the FKTU's
constituent unions maintained affiliations with international union
federations. The MOEL reported that approximately 1.6 million of the
country's 16.6 million workers were union members.
The Government recognized a range of other labor federations,
including independent white-collar federations representing hospital
workers, journalists, and office workers at construction firms and
government research institutes. Labor federations not formally
recognized by the MOEL generally operated without government
interference.
The law bans education workers from engaging in certain political
activities, such as joining a political party or openly endorsing a
political party or candidate. Offenders can serve up to one year in
jail and be fined a maximum of 3.6 million won ($3,185). In June and
July 2009, the Korean Teachers and Education Workers Union (KTEWU)
launched two rounds of antigovernment petitions. The Seoul District
Prosecution Service indicted 159 KTEWU members for violating the
Educational Workers Labor Union Act banning certain political
activities. Cases were heard at multiple district courts depending on
the domiciles of the indicted teachers. The courts made conflicting
rulings, and at year's end all cases were pending before various
appellate courts. Meanwhile, the superintendent of the Gyeonggi
provincial education office who postponed punishing the teachers per
the order from Ministry of Education, Science, and Technology was
acquitted by both the district and appellate courts in a breach of duty
indictment brought against him by the Suwon District Prosecution
Service.
The right to strike is provided for in law but limited in certain
circumstances. By law unions must submit a request for mediation to the
Labor Relations Commission before a strike; otherwise, the strike is
illegal. In most cases the mediation must be completed within 10 days;
in the case of essential services, within 15 days. Strikes initiated
following this period without majority support from union membership
are illegal. Striking also is prohibited in cases in which a dispute
has been referred to binding arbitration. The law includes a list of
essential sectors prohibited from striking that goes beyond
international standards. Among the workers employed at major defense
corporations subject to the Defense Industry Act, those working in the
areas of electricity generation, water supply, or production of defense
products are not allowed to strike. In addition, if striking employees
resort to violence, unlawful occupation of premises, or damaging of
facilities, their actions are deemed illegal. Strikes not specifically
pertaining to labor conditions, including wages, benefits, and working
hours, are also illegal. The constitution and the Labor Relations Act
provide workers the right to strike and exempt them from legal
responsibility in the case of a legal strike; however, workers who use
violence or participate in illegal activities can be prosecuted under
the criminal code on charges of ``obstruction of business.'' The ITUC
reported that this charge was used to detain hundreds of trade
unionists and criminalize basic union activities. Striking workers can
be removed by police from the premises, and, along with union leaders,
prosecuted and sentenced. The law prohibits retribution against workers
who conduct a legal strike and allows workers to file complaints of
unfair labor practices against employers. The MOEL reported that in the
first eight months there were 55 strikes, in which 30,623 workers
participated.
In May the appeals court affirmed a lower court's conviction of
then-KCTU president Lee Suk-haeng related to his role in organizing a
general strike in 2008 and increased his sentence from two to four
years in prison.
The law prohibits retribution against workers who conduct a legal
strike and allows workers to file complaints of unfair labor practices
against employers.
Strikes are prohibited for central and local government officials.

b. The Right to Organize and Bargain Collectively.--The law
provides for the right to collective bargaining, and workers exercised
this right in practice. The law also empowers workers to file
complaints of unfair labor practices against employers who interfere
with union organizing or who discriminate against union members. The
National Labor Relations Commission can require employers found guilty
of unfair practices to reinstate workers fired for union activities.
The law permits public servants to organize trade unions and
bargain collectively, although it restricts the public service unions
from collective bargaining on topics such as budgetary and policy-
making matters.
Workers in export processing zones (EPZs) have the rights enjoyed
by workers in other sectors, and labor organizations are permitted in
the EPZs. However, foreign companies operating in the EPZs are exempt
from some labor regulations, including provisions that mandate paid
leave, obligate companies with more than 50 persons to recruit persons
with disabilities for at least 2 percent of their workforce, encourage
companies to reserve 3 percent of their workforce for workers over 55
years of age, and restrict large companies from participating in
certain business categories.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and there were no
reports that such practices occurred.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law provides protections to children from exploitation in the
workplace, and the Government effectively enforced this law through
regular inspections. Child labor was not considered a problem.
The Labor Standards Act prohibits the employment of persons under
age 15 without an authorization certificate from the MOEL. Because
education is compulsory through middle school (approximately age 15),
few such certificates were issued for full-time employment. To obtain
employment, children under age 18 must obtain written approval from
either parents or guardians. Employers must limit minors' overtime
hours and are prohibited from employing minors at night without special
permission from the MOEL.

e. Acceptable Conditions of Work.--The minimum wage is reviewed
annually. Although the employment and labor minister has the authority
to set the minimum wage, the proposed minimum wage is reviewed and
approved by the Minimum Wage Council formed by representatives from
labor, business, and government. During the year the minimum wage was
set at 4,110 won ($3.64) per hour, which was a 2.75 percent increase
over 2009 and equal to the increase in the minimum cost of living.
Persons working in the financial/insurance industry, publicly
invested companies, state corporations, and companies with more than 20
employees are required to receive premium pay for work in excess of 40
hours per week. The labor law requires employers to allow 30 minutes'
rest in a four-hour work period and one hour's rest in an eight-hour
work period, to be taken within the work period. It also allows a
flexible work hours system under which employers can require laborers
to work up to 48 hours during certain weeks without paying overtime so
long as average weekly work hours for any given two-week period do not
exceed 40 hours (and 52 hours during certain weeks without paying
overtime so long as average weekly work hours for any given three-month
period do not exceed 40 hours). If mutually agreed, management may ask
employees to work up to 56 regular hours in a given week. Workers may
work more than 12 hours per day in overtime during a workweek if both
the employer and the employee agree. The Labor Standards Act also
provides for a 50 percent higher wage for overtime.
The Government sets health and safety standards, and the Korea
Occupational Safety and Health Agency (KOSHA) is responsible for
monitoring industry adherence to these standards. KOSHA conducts
inspections both proactively according to regulations and reactively in
response to complaints. It also provides technical assistance to
resolve deficiencies discovered during inspections. KOSHA reports on
its Web site descriptions of and statistics on work-related injuries
and fatalities on a quarterly basis. In the first six months of the
year, there were 48,066 work-related accidents and 1,028 fatalities,
which were a 6.3 percent increase and 2.9 percent decrease,
respectively, from the same period in 2009. KOSHA provided training and
subsidies to improve work safety and reduce work-related accidents. Its
services were extended to the migrant workers, since its training
modules and materials were available in 10 languages and disseminated
to various worksites.
Contract and other ``nonregular'' workers accounted for a
substantial portion of the workforce. The MOEL reported that as of
August there were approximately 5.7 million nonregular workers,
composing approximately 33.3 percent of the total workforce. The MOEL
reported that in 2009 nonregular workers performed work similar to
regular workers but received approximately 84 percent of the wages of
regular workers.
The law on nonregular workers allows companies with more than 300
workers to use temporary worker contracts valid for a maximum of two
years.
There were 513,621 foreign workers (465,302 legal and 48,319
illegal) residing in the country at year's end, 220,319 of whom were
admitted under the Employment Permit System (EPS). The Government
implemented a variety of social services and legal precedents to
address complaints about the working conditions of foreigners. During
the year the MOEL provided training on the EPS to employers hiring
foreign workers. The ministry continued programs implemented in 2009
for foreign workers to ease the difficulties of living and working in
the country, including free legal advice programs, free translation
services, health checkups in their native language, and the
establishment of several ``human rights protection centers for
foreigners.''
The Government continued to use the EPS to increase protections and
controls on foreign workers while easing the labor shortage in the
manufacturing, construction, and agricultural sectors. Through the EPS,
permit holders may work only in certain industries and have limited job
mobility, but they generally enjoy the same rights and privileges as
citizens. Foreign workers are limited in their freedom to change jobs.
In 2009 the EPS law was amended to provide better protection to foreign
workers. The amendments allow more flexibility in the length of
contracts, ensure that job changes that are not the fault of the worker
are excluded from their three allowable job changes, and permit the
worker to change employers if the working conditions are deemed
different from the contract terms. Unless the Ministry of Justice
grants an extension on humanitarian grounds, workers lose their legal
status if they lose their job and do not find a new employer within
three months.
NGOs and local media reported that irregular workers were at a
greater risk for discrimination because of their status and that
foreign laborers sometimes faced physical abuse and exploitation from
employers. The NGO Korea Migrant Center received reports of abuse of
female entertainment visa holders.
The MOEL reported that foreign workers filed 4,646 complaints
related to unpaid wages during the year.

__________

LAOS

The Lao People's Democratic Republic is an authoritarian one-party
state ruled by the Lao People's Revolutionary Party (LPRP). The most
recent National Assembly (NA) election was held in 2006. The
constitution legitimizes only a single party, the LPRP, and almost all
candidates in the 2006 election were LPRP members vetted by the party.
Security forces reported to civilian authorities.
The central government continued to deny citizens the right to
change their government. Prison conditions were harsh and at times life
threatening. Corruption in the police and judiciary persisted. The
Government infringed on citizens' right to privacy and did not respect
the rights to freedom of speech, the press, assembly, or association.
Local officials at times restricted religious freedom and freedom of
movement. Trafficking in persons remained a problem. Workers' rights
were restricted.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings. Unlike past years, there were no credible reports of
military action against insurgent groups.
There were no developments in the cases of persons allegedly killed
by the military or police in previous years.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits the beating or torture of an arrested
person. In practice, members of the police and security forces
sometimes abused prisoners.
Detainees occasionally were subjected to beatings and long-term
solitary confinement in completely darkened rooms, and in many cases
they were detained in leg chains or wooden stocks for long periods.
Former inmates reported that degrading treatment, the chaining and
manacling of prisoners, and solitary confinement in small unlit rooms
were standard punishments in larger prisons, while smaller provincial
or district prisons employed manacles and chains to prevent prisoners
from escaping.

Prison and Detention Center Conditions.--Prison conditions varied
widely but in general were harsh and occasionally life threatening.
Prisons were overcrowded with poor ventilation, minimal sanitation
facilities, inadequate food and potable water, and substandard medical
care. Prisoners in larger, state-operated facilities in Vientiane
generally fared better than those in provincial prisons. Food rations
were minimal, and most prisoners relied on their families for
subsistence. Most of the larger facilities allowed prisoners to grow
supplemental food in small vegetable gardens, although there were
periodic reports that prison guards took food from prisoners' gardens.
Prison wardens set prison visitation policies. Consequently, in some
facilities families could make frequent visits, but in others visits
were severely restricted.
There were credible reports from international organizations that
authorities treated ethnic minority prisoners particularly harshly.
Former prisoners reported that incommunicado detention was used as an
interrogation technique and against perceived problem prisoners;
however, there were no reports of its use during the year. Although
most prisons had some form of clinic, usually with a doctor or nurse on
staff, medical facilities were extremely poor and medical treatment for
serious ailments was unavailable. In some facilities prisoners could
arrange treatment in outside hospitals if they could pay for the
treatment and the expense of police escorts.
Male and female prisoners were held in the same prisons but were
placed in separate cells. In some prisons juveniles were held with
adult prisoners, although there were no official or reliable statistics
available. Most juveniles were in detention for narcotics offenses or
petty crimes.
Family members generally could access prisoners and detainees,
although sometimes the family did not live close to the jail. Prisoners
and detainees could follow some religious observances, but no
facilities were provided.
Authorities permitted prisoners and detainees to submit complaints
to judicial authorities without censorship and to request investigation
of credible allegations of inhumane conditions; however, family members
rarely make such requests for fear of exacerbating poor detention
conditions. There were no investigations of credible allegations of
inhumane conditions. There were no records of government investigation
or monitoring of prison and detention center conditions.
The Government did not permit regular independent monitoring of
prison conditions. The Government continued to deny the request of the
International Committee of the Red Cross (ICRC) to establish an
official presence in the country to monitor prison conditions. The
Government at times provided foreign diplomatic personnel access to
some prisons, but such access was strictly limited. There were no
ombudsmen to serve on behalf of prisoners and detainees.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention; however, in practice, the Government did not
respect these provisions and arbitrary arrest and detention persisted.

Role of the Police and Security Apparatus.--The Ministry of Public
Security (MoPS) maintains internal security but shares the function of
state control with the Ministry of Defense's security forces and with
the LPRP and the LPRP's popular front organizations. The MoPS includes
local police, traffic police, immigration police, security police
(including border police), and other armed police units. Communication
police are responsible for monitoring telephone and electronic
communications. The armed forces have domestic security
responsibilities that include counterterrorism and counterinsurgency as
well as control of an extensive system of village militias.
Impunity remained a problem, as did police corruption. The MoPS
Inspection Department maintained complaint boxes throughout most of the
country for citizens to deposit written complaints.
The Government cooperated with international organizations to
implement a national strategy to strengthen law enforcement and deal
with increased drug trafficking and abuse as well as related crime and
police corruption.

Arrest Procedures and Treatment While in Detention.--Police and
military forces have powers of arrest, although normally only police
carried them out. Police agents exercised wide latitude in making
arrests, relying on exceptions to the requirement that warrants are
necessary except to apprehend persons in the act of committing crimes
or in urgent cases. Police reportedly sometimes used arrest as a means
to intimidate persons or extract bribes. Unlike in previous years,
there were no reports that military forces detained persons suspected
of insurgent activities.
There is a one-year statutory limit for detention without trial.
The length of detention without a pretrial hearing or formal charges is
also limited to one year. The Office of the Prosecutor General (OPG)
reportedly made efforts to ensure that all prisoners were brought to
trial within the one-year limit, but the limit occasionally was
ignored. The OPG must authorize police to hold a suspect pending
investigation. Authorization is given in three-month increments, and a
suspect must be released after a maximum of one year if police do not
have sufficient evidence to bring charges. There is a bail system, but
its implementation was arbitrary. Prisoner access to family members and
a lawyer was not assured, and incommunicado detention remained a
problem.
Authorities at times continued to detain prisoners after they
completed their sentences, particularly in cases where prisoners were
unable to pay court fines. In other cases prisoners were released
contingent upon their agreement to pay fines at a later date.

e. Denial of Fair Public Trial.--The law provides for the
independence of the judiciary. The judiciary was weak, but there were
no cases reported during the year of senior government or party
officials influencing the courts. Impunity and corruption were
problems; reportedly, some judges could be bribed. The NA may remove
judges from office for ``impropriety,'' although no judges were removed
during the year.

Trial Procedures.--By law, defendants enjoy a presumption of
innocence; however, in practice judges usually decided guilt or
innocence in advance, basing their decisions on the result of police or
prosecutorial investigation reports. Most trials, including criminal
trials, were little more than pro forma examinations of the accused and
review of the evidence. Juries are not used. Trials that involve
certain criminal laws relating to national security, state secrets,
children under the age of 16, or certain types of family law are
closed. The law provides for open trials in which defendants have the
right to defend themselves with the assistance of a lawyer or other
persons. Defense attorneys are provided at government expense only in
cases involving children, cases with the possibility of life
imprisonment or the death penalty, and cases considered particularly
complicated, such as those involving foreigners. The law requires that
authorities inform persons of their rights and states that defendants
may have anyone assist them in preparing written cases and accompany
them at trial; however, only the defendant may present oral arguments
at a criminal trial. Defendants are permitted to question witnesses and
can present witnesses and evidence on their own behalf. Defendants have
the right of appeal.
Court litigants may select members of the Lao Bar Association to
represent them at trial. The association is nominally independent but
receives some direction from the Ministry of Justice (MoJ). For several
reasons, including the general perception that attorneys cannot affect
court decisions, most defendants did not choose to have attorneys or
trained representatives. The association's two satellite offices in the
provinces of Champasak and Oudomsay provided legal services to citizens
in need.
All of the country's judges were LPRP members. Most had only basic
legal training, and some zonal courts had few or no reference materials
available for guidance. The NA's Legal Affairs Committee occasionally
reviewed the Supreme People's Court (SPC) decisions for ``accuracy''
and returned cases to it or the OPG for review when the committee
believed decisions were reached improperly.

Political Prisoners and Detainees.--There were three well-known
political prisoners. Colonel Sing Chanthakoumane, an official of the
pre-1975 government, was serving a life sentence after a 1990 trial
that was not conducted according to international standards. The
Government continued to prevent access to him and ignored requests to
release him on humanitarian grounds. At least two persons, Thongpaseuth
Keuakoun and Seng-aloun Phengboun, arrested in 1999 for attempting to
organize a prodemocracy demonstration, continued to serve 15-year
sentences for antigovernment activities. Authorities allowed families
to visit them, but no humanitarian organization had regular access to
them. The Government declared the prisoners would not be released
despite an international call for their release. The Government also
denied having any information about nine individuals allegedly detained
in November 2009 while traveling to the capital for a protest.
According to some Internet reports, authorities continued to detain
a small but unknown number of persons, particularly members of the
Hmong ethnic group suspected of insurgent activities, for allegedly
violating criminal laws concerning national security. There were no
credible reports during the year of persons arrested, tried, and
convicted under laws relating to national security that prevent public
court trials.

Civil Judicial Procedures and Remedies.--The law provides for
independence of the judiciary in civil matters; however, enforcement of
court orders remained a problem. If civil or political rights are
violated, one may seek judicial remedy in a criminal court or pursue an
administrative remedy from the NA under the law. In regard to social
and cultural rights, one may seek remedy in a civil court.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law generally protects privacy, including that of
mail, telephone, and electronic correspondence, but the Government
reportedly violated these legal protections when there was a perceived
security threat.
The law prohibits unlawful searches and seizures. By law police
must obtain search authorization from a prosecutor or a panel of
judges, but in practice police did not always obtain prior approval,
especially in rural areas. Security laws allow the Government to
monitor individuals' movements and private communications, including
via cell phones and e-mail.
The MoPS regularly monitored citizen activities through a
surveillance network that included a secret police element. A militia
in urban and rural areas, operating under the aegis of the armed
forces, shared responsibility for maintaining public order and reported
``undesirable elements'' to police. Members of the LPRP's front
organizations, including the Lao Women's Union (LWU), the Youth Union,
and the Lao Front for National Construction (LFNC), also played a role
in monitoring citizens at all societal levels.
The Government relocated some villagers for land concessions given
to development projects and continued to relocate highland farmers,
most of whom belonged to ethnic minority groups, to lowland areas under
its plan to end opium production and slash-and-burn agriculture. In
some areas, officials persuaded villagers to move; in others, villagers
relocated spontaneously to be closer to roads, markets, and government
services. While there were no reports of the Government forcibly
relocating villagers, there were reports of individuals displaced by
government projects. Although the resettlement plan called for
compensating farmers for lost land and providing resettlement
assistance, this assistance was not available in many cases or was
insufficient to give relocated farmers the means to adjust. Moreover,
in some areas farmland allotted to relocated villagers was poor and
unsuited for intensive rice farming, resulting in some relocated
villagers experiencing increased poverty, hunger, malnourishment, and
disease. The Government relied on assistance from nongovernmental
organizations (NGOs), bilateral donors, and international organizations
to cover the needs of those recently resettled, but such aid was not
available in all areas.
The law allows citizens to marry foreigners only with prior
government approval; marriages without it may be annulled, with both
parties subject to arrest and fines. Premarital cohabitation with
foreigners is illegal. The Government routinely granted permission to
marry, but the process was lengthy and burdensome, offering officials
the opportunity to solicit bribes.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press; however, in practice the Government severely
restricted political speech and writing and prohibited most public
criticism that it deemed harmful to its reputation. The law forbids
slandering the state, distorting party or state policies, inciting
disorder, or propagating information or opinions that weaken the state.
Authorities prohibited the dissemination of materials deemed by the
Ministry of Information and Culture to be indecent, subversive of
``national culture,'' or politically sensitive. Any person found guilty
of importing a publication considered offensive to the national culture
faced a fine or imprisonment up to one year.
The state owned and controlled most domestic print and electronic
media. Local news in all media reflected government policy. Although
domestic television and radio broadcasts were closely controlled, the
Government did not interfere with broadcasts from abroad. Many citizens
routinely watched Thai television or listened to Thai radio, including
news broadcasts from international news sources. Citizens had 24-hour
access to international stations via satellite and cable television.
The Government required registration of receiving satellite dishes and
payment of a one-time licensing fee, largely as a revenue-generating
measure, but otherwise made no effort to restrict use.
The Government permitted the publication of several privately owned
periodicals of a nonpolitical nature, including those specializing in
business, society, and trade. While officials did not review in advance
all articles in these periodicals, they reviewed them after publication
and could penalize periodicals whose articles did not meet government
approval. A few foreign newspapers and magazines were available through
private outlets that had government permission to sell them.
The Government required foreign journalists to apply for special
visas and restricted their activities. Authorities did not allow
journalists free access to information sources, but often allowed them
to travel without official escorts. When escorts were required, they
reportedly were at journalists' expense.

Internet Freedom.--The Government controlled all domestic Internet
servers and retained the ability to block access to Internet sites it
deemed pornographic or critical of government institutions and
policies. The Lao National Internet Committee under the Prime
Minister's Office administered the Internet system.
The Government sporadically monitored Internet usage.
The Prime Minister's Office required all Internet service providers
to submit quarterly reports and link their gateways to facilitate
monitoring, but the Government's enforcement ability appeared limited.
The Government did not block major foreign news sources, nor did it
have the capability to monitor blogging or the establishment of new Web
sites. There were no reports of government prosecution of persons for
the expression of political, religious, or dissenting views via the
Internet. There were no reports of government attempts to collect
personally identifiable information of a person in connection with that
person's peaceful expression of political, religious, or ideological
opinion or belief.
Many citizens used the services of a growing number of Internet
cafes for private correspondence rather than personal computers. Very
few homes had Internet access; most non-business users depended on
Internet cafes located chiefly in the larger urban areas. The
International Telecommunication Union reported that Internet users
numbered approximately 5 percent of the country's inhabitants in 2009.

Academic Freedom and Cultural Events.--The law provides for
academic freedom, but in practice the Government imposed restrictions.
The Ministry of Education tightly controlled curricula in schools,
including private schools and colleges.
Both citizen and noncitizen academic professionals conducting
research in the country may be subject to restrictions on travel,
access to information, and publication. Although the Government
exercised control via requirements for exit stamps and other mechanisms
over the ability of state-employed academic professionals to travel for
research or obtain study grants, the Government actively sought such
opportunities worldwide and approved virtually all such proposals.
The Government required films and music recordings produced in
government studios to be submitted for official censorship; however,
uncensored foreign films and music were available in video and compact
disc formats. The Ministry of Information and Culture attempted to
limit the influence of Thai culture in Lao music and entertainment, but
these attempts had little effect.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly; however, the
Government restricted this right in practice. The law prohibits
participation in demonstrations, protest marches, or other acts that
cause ``turmoil or social instability.'' Participation in such acts is
punishable by prison terms of one to five years (see section 1.e.).

Freedom of Association.--The law provides citizens the right to
organize and join associations, but the Government restricted this
right in practice. For example, political groups other than popular-
front organizations approved by the LPRP are forbidden. A new decree
that the Government began implementing in 2009 allows the registration
of nonprofit civil society organizations--including economic, social-
welfare, professional, technical, and creative associations--at the
district, provincial, or national level, depending on the scope of work
and membership. Only one organization completed the application process
by year's end.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

Protection of Refugees.--The country is not a signatory to the 1951
Convention relating to the Status of Refugees or its 1967 Protocol, but
the law provides for asylum and the protection of stateless persons. In
practice the Government did provide some protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion. The Government did not routinely grant refugee or asylum
status; however, it showed some flexibility in dealing pragmatically
with individual asylum cases.
The Government continued to refuse the UNHCR's request to
reestablish an in-country presence, which it had in the 1990s, to
monitor the reintegration of Hmong returnees from Thailand. The
Government stated that the UNHCR's mandate expired in 2001 and that all
former refugees had successfully reintegrated. During the year foreign
diplomats, representatives from international organizations (including
the UNHCR), and the press visited Phonekham and Phalak villages, where
some of the Lao Hmong returned from Thailand were resettled, including
the Lao Hmong involuntarily returned from Thailand in December 2009.
The Government's policy both for Hmong surrendering internally and
for those returned from Thailand was to return them to communities of
origin whenever possible. However, most of the December 2009 returnees
resettled in Phonekham village, Borikhamxay Province, where the
Government provided land, housing, clean water, and electricity plus
one year's supply of food. Several hundred persons without strong
community links who returned between 2007 and 2009 were relocated in
government settlements such as Phalak village, Vientiane Province.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens do not have the right to change their government. Although
the constitution outlines a system composed of executive, legislative,
and judicial branches, the LPRP controlled governance and the
leadership at all levels through its constitutionally designated
``leading role.''

Elections and Political Participation.--The law provides for a
representative national assembly, elected every five years in open,
multiple-candidate, fairly tabulated elections, with voting by secret
ballot and universal adult suffrage. However, the constitution
legitimizes only the LPRP; all other political parties are outlawed.
Election committees, appointed by the NA, must approve all candidates
for local and national elections. Candidates do not need to be LPRP
members, but in practice almost all were. The most recent NA election,
held in 2006, was conducted under this system.
The NA chooses members of the Standing Committee, generally based
on the previous Standing Committee's recommendations. Upon such
recommendations, the NA elects or removes the president and vice
president. The Standing Committee has the mandate to supervise all
administrative and judicial organizations and the sole power to
recommend presidential decrees. It also appoints the National Election
Committee, which has powers over elections, including approval of
candidates. Activities of the Standing Committee were not fully
transparent.
The NA, upon the president's recommendation, formally elects the
prime minister and other government ministers.
There were 29 women in the 115-seat NA, including two on the nine-
member Standing Committee, and three women were members of the 13-
member Supreme Court. The 55-seat LPRP Central Committee included four
women, one of whom was also a member of the 11-member Politburo and
president of the National Assembly. Of 12 ministers in the Prime
Minister's Office, two were women. The minister of labor and social
welfare also was a woman.
While 80 percent of the population lived in rural areas and the
village chief and village council handled most everyday matters, fewer
than 1 percent of the village chiefs were women. The LWU--the LPRP mass
organization focused on women's issues with a presence in every village
and at every government level--is the only organization that has
representation in every village; however, only one member of the LWU
represented women in each village council.
There were seven members of ethnic minorities in the LPRP Central
Committee, including two in the Politburo. The NA included 23 members
of ethnic minorities, while three of the 28 cabinet ministers were
members of ethnic minority groups. The new president of the National
Assembly was also a member of an ethnic minority. One SPC justice was a
member of an ethnic minority.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively and
officials often engaged in corrupt practices with impunity. Wages of
all government officials were extremely low; and many officials, such
as police, had broad powers that they could easily abuse.
Many police officers used their authority to extract bribes from
citizens. Corrupt officials reportedly were seldom punished. Police
were trained at the National Police Academy, but the extent to which
the academy's curriculum covered corruption was unknown.
In theory the Government's National Audit Committee has
responsibility for uncovering corruption in all government ministries,
including the MoPS, but in practice its investigative activities were
minimal. Authorities arrested and administratively punished lower-level
officials on occasion for corruption. There were no reports of criminal
cases being brought to trial. The Government-controlled press rarely
reported cases of official corruption.
Central and provincial inspection organizations responsible for
enforcing laws against corruption lacked defined roles and sufficient
powers as well as adequate funding, equipment, and legal support from
the Government.
Prior to taking their designated positions, senior officials were
required by party policy to disclose their personal assets to the
LPRP's Party Inspection Committee. The committee inspects the
officials' assets before and after the officials have been in their
positions. However, the LPRP used its control of government authorities
and media to block public censure of corrupt officials who were party
members.
There are no laws providing for public access to government
information, and in general the Government closely guarded the release
of any information pertaining to its internal activities, deeming such
secrecy necessary for ``national security.''
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were no domestic human rights NGOs.
The Government only sporadically responded in writing to requests
for information on the human rights situation from international human
rights organizations. However, the Government maintained human rights
dialogues with several foreign governments and continued to receive
training in UN human rights conventions from several international
donors.
The Government maintained contacts and cooperated with the ICRC in
various activities for the implementation of international humanitarian
law.
A human rights division in the Ministry of Foreign Affairs has
responsibility for investigating allegations of human rights
violations. However, in practice the division apparently had no
authority to perform or order other ministries to undertake
investigations. The ministry on occasion responded to inquiries from
the UN regarding the human rights situation in the country.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides for equal treatment under the law for all
citizens without regard to sex, social status, education, faith, or
ethnicity. The Government at times took action when well-documented and
obvious cases of discrimination came to the attention of high-level
officials, although the legal mechanism whereby citizens may bring
charges of discrimination against individuals or organizations was
neither well developed nor widely understood among the general
population.

Women.--Rape was reportedly rare, although, like most crime, it was
likely underreported. The country does not have a central database of
crime, nor does it provide statistics on crime. The law criminalizes
rape, with punishment set at three to five years' imprisonment.
Sentences are significantly longer and may include capital punishment
if the victim is under age 18 or is seriously injured or killed. In
rape cases that were tried in court, defendants generally were
convicted with sentences ranging from three years' imprisonment to
execution.
Domestic violence is illegal; however, there is no law against
marital rape, and domestic violence often went unreported due to social
stigma. Penalties for domestic violence, including battery, torture,
and detaining persons against their will, may include both fines and
imprisonment. The criminal law granted exemption from penal liabilities
in cases of physical violence without serious injury or physical
damage. LWU centers and the Ministry of Labor and Social Welfare
(MLSW), in cooperation with NGOs, assisted victims of domestic
violence. Statistics were unavailable on the number of abusers
prosecuted, convicted, or punished.
Sexual harassment was rarely reported and its extent was difficult
to assess. Although sexual harassment was not illegal, ``indecent
sexual behavior'' toward another person is illegal and punishable by
six months to three years in prison.
Couples and individuals had the right to decide the number,
spacing, and timing of children, and had the information and means to
do so free from discrimination. Access to information on contraception
was generally available; however, contraception was not widely
available in rural areas and was often financially out of reach. The UN
Population Fund estimated the maternal mortality ratio to be 660 deaths
per 100,000 live births. Deaths related to pregnancy and childbirth
were the number one cause of death for women of reproductive age. Very
few women had access to skilled birth attendants and very few medical
centers were equipped to deal with complicated births, especially in
small, nomadic, and ethnic villages. Antenatal care remained low.
Women and men were given equal access to diagnostic services and
treatment for sexually transmitted infections, including HIV.
Traditional attitudes and gender role stereotyping kept women and
girls in a subordinate position, preventing them from equally accessing
education and business opportunities, and there was little government
effort to redress this. Women continued to be disproportionately
affected by poverty, especially in rural and ethnic minority
communities. While rural women carried out more than half of total
agricultural production in every field, the additional workloads of
housework and child rearing also fell primarily on women.
The law provides for equal rights for women, and the LWU operated
nationally to promote the position of women in society. The law
prohibits legal discrimination in marriage and inheritance; however,
varying degrees of culturally based discrimination against women
persisted, with greater discrimination practiced by some hill tribes.
The LWU conducted several programs to strengthen the role of women. The
programs were most effective in the urban areas. Many women occupied
decision-making positions in the civil service and private business,
and in urban areas their incomes were often higher than those of men.

Children.--Regardless of where they are born, children acquire
citizenship if both parents are citizens. Children born of one citizen
parent acquire citizenship if born in the country or, when born outside
the country's territory, if one parent has a permanent in-country
address. Not all births were immediately registered.
Education is compulsory, free, and universal through the fifth
grade; however, high fees for books and supplies and a general shortage
of teachers in rural areas prevented many children from attending
school. There were significant differences among the various ethnic
groups in the educational opportunities offered to boys and girls.
Although the Government's policy is to inform ethnic groups on the
benefits of education for all children, some ethnic groups did not
consider education for girls either necessary or beneficial. While
figures were not reliable, reported literacy rates for girls were
approximately 10 percent lower than for boys in general. Although
school enrollment rates for girls remained lower than for boys, gender
parity has been increasing.
The law prohibits violence against children, and violators were
subject to stiff punishments. Reports of the physical abuse of children
were rare.
The law allowed marriage under the age of 18 in ``special and
necessary cases,'' often cases of underage pregnancy, and a
considerable percentage of women married before reaching the age of 18.
The law does not contain penalties specifically for child
prostitution, but the penalty for sex with a child (defined as under 15
years of age, the age of consent) is one to five years' imprisonment
and a fine of 500,000 to three million kip (approximately $60 to $360).
The law does not include statutory rape as a crime distinct from sex
with a child or rape of any person. Child pornography is not treated
differently from pornography in general, for which the penalty is three
months' to one year's imprisonment and a fine of 50,000 to 200,000 kip
($6 to $24).
A general increase in tourism in the country and a concomitant rise
in child sex tourism in Southeast Asia in recent years attracted the
attention of authorities, who sought to prevent child sex tourism from
taking root. The Government continued efforts to reduce demand for
commercial sex through periodic raids and training workshops. The
Government and NGOs hosted seminars to train tourism-sector employees,
including taxi drivers and tourism police. Many major international
hotels in Vientiane and Luang Prabang displayed posters created by
international NGOs warning against child sex tourism. In 2009 the
Government introduced a hotline for reporting child sex tourism and
placed ads in many tourist locations throughout the country to
encourage people to report suspected cases of child sex tourism.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--There was no known Jewish community in the country,
and there were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at http://www.state.gov/g/tip.

Persons With Disabilities.--The constitution provides citizens
protection against discrimination but does not specify that these
protections apply to persons with disabilities. The Ministry of Health
has primary responsibility for protecting the rights of persons with
disabilities. Because of the large number of disabilities resulting
from unexploded ordnance accidents, the ministry works extensively on
this issue, especially in coordination with the international NGO COPE.
Regulations promulgated by the MLSW and the Lao National Commission for
the Disabled protect such persons against discrimination; however, the
regulations lack the force of law. The law does not mandate
accessibility to buildings or government services for persons with
disabilities, but the MLSW has established regulations regarding
building access and built some sidewalk ramps in Vientiane. While there
was some progress on accessibility, lack of resources for
infrastructure slowed the retrofitting of most buildings. There were no
reports of discrimination in the workplace.
The Lao Disabled People's Association operated a care center for
children with cerebral palsy; the cost was covered by foreign
assistance. The Ministry of Health in conjunction with international
NGOs operated the Cooperative Orthotic and Prosthetic Enterprise to
supply prosthetic limbs, correct club feet, and provide education to
deaf and blind persons.

National/Racial/Ethnic Minorities.--The law provides for equal
rights for all minority citizens, and there is no legal discrimination
against them; however, some societal discrimination persisted.
Moreover, some critics charged that the Government's resettlement
program for ending slash-and-burn agriculture and opium production
adversely affected many ethnic minority groups, particularly in the
North. The program requires that resettled persons adopt paddy rice
farming and live in large communities, ignoring the traditional
livelihoods and community structures of these minority groups.
International observers questioned whether the benefits promoted by the
Government--access to markets, schools, and medical care for resettled
persons--outweighed the negative impact on traditional cultural
practices. Some minority groups not involved in resettlement,
especially those in remote locations, faced difficulties, believing
they had little voice in government decisions affecting their lands and
the allocation of natural resources from their areas.
Of the 49 official ethnic groups in the country, the Hmong are one
of the largest and most prominent. There were a number of Hmong
officials in the senior ranks of the Government and the LPRP, including
one Politburo member and five members of the LPRP Central Committee.
However, some Hmong believed their ethnic group could not coexist with
ethnic Lao. This belief fanned separatist or irredentist beliefs among
some Hmong. The Government focused limited assistance projects in Hmong
areas to address regional and ethnic disparities in income, which
helped ameliorate conditions in the poorest districts.
Although there were no reports of attacks by the few remaining
Hmong insurgent groups during the year, the Government leadership
maintained its suspicion of Hmong political objectives. Although
residual, small, scattered pockets of insurgents and their families
remained in remote jungle areas, the Government reduced efforts from
previous years to actively combat the insurgents.
The Government continued to offer ``amnesty'' to insurgents who
surrender, but it continued to deny international observers permission
to visit the estimated more than 2,000 insurgents who have surrendered
since 2005--other than a few families in Phalak village. Because of
their past activities, amnestied insurgents continued to be the focus
of official suspicion and scrutiny.
The Government generally refused international community offers to
assist surrendered insurgents directly but allowed some aid from the UN
and international agencies as part of larger assistance programs.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There was no law prohibiting
discrimination on the basis of sexual orientation. Within lowland Lao
society, despite wide and growing tolerance of homosexual practices,
societal discrimination in employment and housing persisted, and there
were no governmental efforts to address it. Reports indicated that
lesbians faced greater stigma and discrimination than gay men.

Other Societal Violence or Discrimination.--There was no societal
violence and no official discrimination against persons with HIV/AIDS,
but societal discrimination existed. The Government actively promoted
tolerance of those with HIV/AIDS, and it conducted public-awareness
campaigns to promote understanding toward such persons.
Section 7. Worker Rights

a. The Right of Association.--The law does not allow workers to
form and join independent unions of their choice; they may form unions
without previous authorization only if they operate within the
framework of the officially sanctioned Federation of Lao Trade Unions
(FLTU), which in turn is controlled by the LPRP. In addition the law
does not permit unions to conduct their activities without government
interference and prohibits union membership for foreign workers.
Strikes are not prohibited by law, but the Government's ban on
subversive activities or destabilizing demonstrations and its failure
to provide means to call a strike made strikes extremely unlikely, and
none were reported during the year.
According to the FLTU, there were 3,910 trade unions nationwide,
including in most government offices. These included 16 provincial
trade unions, one municipal trade union, 36 ministerial trade unions,
and 2,772 permanent trade unions. Total FLTU membership was 155,000,
approximately 5 percent of the total workforce. Most FLTU members
worked in the public sector.
The Government employed the majority of salaried workers.
Subsistence farmers made up an estimated 80 percent of the work force.

b. The Right to Organize and Bargain Collectively.--There is no
right to organize and bargain collectively. The law stipulates that
disputes be resolved through workplace committees composed of
employers, representatives of the local labor union, and
representatives of the FLTU, with final authority residing in the MLSW.
The ministry generally did not enforce the law, especially in dealings
with joint ventures in the private sector. Labor disputes reportedly
were infrequent. According to labor activists, the FLTU needed
government permission to enter factories and had to provide advance
notice of such visits, rendering it powerless to protect workers who
filed complaints.
The Government set wages and salaries for government employees;
management set wages and salaries for private business employees.
The law stipulates that employers may not fire employees for
conducting trade union activities, lodging complaints against employers
about law implementation, or cooperating with officials on law
implementation and labor disputes, and there were no reports of such
cases. Workplace committees were used for resolving complaints, but
there was no information on how effective these committees were in
practice.
There are no special laws or exemptions from regular labor laws in
the country's export processing zone.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor except in time of war or national disaster.
However, some NGOs reported that Lao girls were subjected to conditions
of forced labor within the country.
Also see the Department of State's annual Trafficking in Persons
Report at http://www.state.gov/g/tipls/tiprptndex.htm.

d. Prohibition of Child Labor and Minimum Age for Employment.--By
law children under age 15 may not be recruited for employment except to
work for their families, provided such work is not dangerous or
difficult. The MoPS and the MoJ are responsible for enforcing these
provisions, but enforcement was ineffective due to a lack of inspectors
and other resources. Many children helped on family farms or in shops
and other family businesses, but child labor was rare in industrial
enterprises. Some garment factories reportedly employed a very small
number of underage girls.

e. Acceptable Conditions of Work.--The MLSW sets the minimum wage
but has no regular schedule or transparent process for doing so. In
2009 the MLSW, in consultation with the FLTU and Lao Chamber of
Commerce and Industry, set the daily minimum wage for the more than
120,000 private-sector workers at 13,385 kip (approximately $1.60); the
monthly minimum wage was 348,000 kip ($41). Additionally, employers
were required to pay a 8,500 kip ($1) meal allowance per day. These
wages were insufficient to provide a decent standard of living for a
worker and family. The NA, in consultation with the Ministry of
Finance, increased the minimum wage for civil servants and state
enterprise employees to 405,000 kip ($47.80) per month in 2008. In
addition to their minimum wage, civil servants often received housing
subsidies and other government benefits. Some piecework employees,
especially on construction sites, earned less than the minimum wage.
The law provides for a workweek limited to 48 hours (36 hours for
employment in dangerous activities) and at least one day of rest per
week. Overtime may not exceed 30 hours per month, and each period of
overtime may not exceed three hours. The overtime pay rate varies from
150 to 300 percent of normal pay. The overtime law was not effectively
enforced.
The law provides for safe working conditions and higher
compensation for dangerous work. In case of death or injury on the job,
employers are responsible for compensating a worker or the worker's
family. Employers generally fulfilled this requirement in the formal
economic sector. The law also mandates extensive employer
responsibility for those disabled at work, and this provision appeared
effectively enforced. The MLSW is responsible for workplace
inspections. Officials undertake unannounced inspections when notified
of a violation of safe working standards. However, the MLSW lacked the
personnel and budgetary resources to enforce the law effectively. The
law has no specific provision allowing workers to remove themselves
from a dangerous situation without jeopardizing their employment.
There were a number of illegal immigrants in the country,
particularly from Vietnam, China, and Burma, and they were vulnerable
to exploitation by employers. These immigrants primarily worked in
construction, plantations, casinos, and service industries.

__________

MALAYSIA

Malaysia is a federal constitutional monarchy with a population of
approximately 28.3 million. It has a parliamentary system of government
headed by a prime minister selected through periodic, multiparty
elections. The United Malays National Organization (UMNO), together
with a coalition of political parties known as the National Front (BN),
has held power since independence in 1957. The most recent national
elections, in March 2008, were conducted in a generally transparent
manner and witnessed significant opposition gains. In April 2009 Najib
Razak was sworn in as prime minister. Security forces reported to
civilian authorities.
Some obstacles prevented opposition parties from competing on equal
terms with the ruling coalition. Other human rights problems included:
some deaths occurred during police apprehensions and while in police
custody; police abuse of detainees; overcrowded immigration detention
centers (IDCs); arbitrary arrest and detention using the Internal
Security Act (ISA) and three other statutes that allow detention
without trial; and persistent questions about the impartiality and
independence of the judiciary. The Government continued to pursue the
prosecution of a prominent opposition leader on sodomy charges. The
criminal and Sharia courts utilized caning as a form of punishment. The
Government continued to restrict freedom of press, association,
assembly, speech, and religion. Trafficking in persons remained a
problem. Longstanding government policies gave preferences to ethnic
Malays in many areas. Some employers exploited migrant workers and
ethnic-Indian citizens through forced labor. Some child labor occurred
in plantations.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no known
politically motivated killings by the Government or its agents;
however, during the year local media reported that police killed 35
persons while apprehending them, down from 108 such killings in 2009.
State-influenced print media used a consistent narrative to describe
these encounters--suspects stopped by police, tried to attack police;
police killed suspect in self-defense; evidence of criminal activity
found on suspect's body. Local human rights groups suggested this
pattern was used to justify deaths, usually of ethnic minorities, in
police custody.
On April 9, police shot and killed two ethnic Indian brothers, R.
Logeswaran and R. Satchithananthan. Police reportedly saw them engaging
in suspicious activity and tried to stop their car. The police reported
that the brothers attempted to hit police personnel with their car and
then opened fire, forcing the police to return fire in self-defense.
Police claimed to have found numerous weapons in the vehicle and that
the brothers were responsible for several armed robberies. Indian
rights groups were critical of the shootings as an example of police
``shoot-to-kill'' policies. There was no known investigation into the
matter.
On April 26, police shot and killed Aminulrasyid Amzah, a 15-year-
old ethnic Malay boy they were attempting to stop and question for
engaging in suspicious activity. Police alleged that after a high-speed
chase, he placed his car into reverse and was attempting to run over
the officers when they drew their weapons and fired the deadly shots.
Condemnation of the shooting came from all parts of society. Senior
government officials, including the prime minister, called for full
police cooperation into the investigation. The killing reportedly led
to a review of the police standard operating procedures relating to use
of deadly force. On May 4, the Government created a special eight-
member panel to oversee the police investigation. On May 10, police
Corporal Jenain Subi was charged for culpable homicide not amounting to
murder for the fatal shooting. On September 3, the special panel found
that the investigation was fair and transparent. The trial commenced on
October 12 and was ongoing at year's end.
On November 13, police shot and killed Muhammad Hanafi Omar, 22,
Mohd Shamil Hafiz Shafie, 16, and Mohd Khairul Nizam Tuah, 20, after
the three allegedly robbed a gas station in Selangor. According to
police, the three were part of a criminal gang that had robbed three
gas stations in the days leading up to the shootings. The police
reportedly shot and killed them in self-defense after they tried to
attack police with machetes. On November 17, local human rights
nongovernmental organization (NGO) SUARAM (Voice of the Malaysian
People) publicly questioned the police justification. On November 21,
the families of the youths lodged a complaint against the police
claiming that the shootings were tantamount to executions. There were
no known further developments during the year.
The trial of police constable Navindran Vivekanandan for causing
grievous hurt in the January 2009 death of Kugan Ananthan, an ethnic
Indian in police detention, continued at year's end. On August 14,
Kugan's mother, N. Indra, petitioned the king to intervene in the
criminal case, claiming that the evidence implicated additional
individuals, although the Government only charged one officer.
The inquest into the July 2009 death of Teoh Beng Hock, a political
aide to a Selangor State legislative assemblyman, continued at year's
end. On August 11, the Attorney General's Chambers (AGC) attempted to
introduce a purported suicide note. Critics raised concerns as to the
reason for the delayed disclosure and questioned the note's
authenticity. Teoh's family asserted that the note contained multiple
discrepancies and did not match Teoh's handwriting.
On October 25, the inquest into the July 2009 death in police
custody of R. Gunasegaran concluded. The coroner found that the cause
of death in Gunasegaran's case could not be conclusively proven.
There were no known developments in the November 2009 police
shooting of five ethnic Indian youths ages 17 to 24.
The RM100 million (approximately $32 million) civil suit instituted
by the father of 2006 murder victim, Altantuya Shaaribu, against the
Government, political analyst Razak Baginda, and the two police
officers convicted for the killing continued at year's end.
On June 30, the Kuala Lumpur High Court ordered the Government and
police to pay RM1.4 million ($451,600) to Suzana Mohamad Aris, whose
husband, Mohamad Anuar Sharip, allegedly was beaten to death while in
police custody in 1999. Judge Lee Swee Seng said, ``Let the message go
forth from this place that any more deaths in police custody is one too
many. The basic human right of a detainee to seek medical treatment
should be immediately attended to. There should be no more loss of life
in police custody as every life is precious.''

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--No law specifically prohibits torture; however, laws that
prohibit ``committing grievous hurt'' encompass torture. Although there
were some allegations of beatings and mistreatment by the
nonprofessional People's Volunteer Corps (RELA) and immigration
officials in IDCs, the number of such allegations was greatly reduced.
IDCs continued to be administered by the Immigration Department and
supplemented by RELA.
In January the Government charged N. Tharmendran, a former Royal
Malaysian Air Force (RMAF) sergeant, for the theft of two fighter-jet
engines from the RMAF. On June 17, N. Nagarajah filed a police report
on behalf of his son, N. Tharmendran, alleging that he was tortured
into confessing to the crime while in military detention. Tharmendran
claimed military intelligence officials detained and tortured him for
three weeks. He further alleged that army officers forced him to wear a
helmet while they used golf clubs and cricket bats to hit his head;
that he was stripped to his underwear and forced to stand on a block of
ice; threatened with death; and deprived of sleep. Tharmendran filed a
petition to cross-examine his alleged attackers during his criminal
case. Both the criminal case against Tharmendran and follow-up to his
police report continued at year's end.
There were no developments in the January 2009 case alleging that
seven police officers committed ``criminal intimidation'' and
``voluntarily caused hurt to extort confession'' against B. Prabakar.
On March 12, SUARAM issued a press statement saying four youths
ages 15 to 20, detained for being in possession of a stolen bicycle,
were ``tortured physically and mentally by police during the entire
duration of their detention.''
There were no known developments during the year concerning the
2008 beating of a Pakistani detainee by immigration officials at
Lenggeng IDC.
In the past, persons detained under the ISA commonly suffered
beatings, physical and mental abuse, and other mistreatment. For
example according to Amnesty International, Sanjeev Kumar, detained
under the ISA in 2007, at the time of his release in 2008 was paralyzed
and mentally unstable as a result of beatings. However, local NGOs
report that treatment of detainees under the ISA has improved in recent
years, and there were no reports of mistreatment during the year.
Criminal law prescribes caning as an additional punishment to
imprisonment for those convicted of some nonviolent crimes, such as
narcotics possession, criminal breach of trust, and alien smuggling.
The law prescribes up to six strokes of the cane for both illegal
immigrants and their employers. Judges routinely included caning in
sentences of those convicted of such crimes as kidnapping, rape, and
robbery. The caning was carried out with a half-inch-thick wooden cane
that could cause welts and scarring. The law exempts men older than 50
and all women from caning. Male children 10 years of age and older may
be given up to 10 strokes of a ``light cane.''
Some states' Sharia laws also prescribe caning. Although federal
law exempts all women from caning, there are no exemptions for women
under Sharia law and the national courts have not resolved issues
involving conflicts between the constitution, the penal code, and
Sharia law. In Sharia caning, a smaller cane is used, and the caning
official cannot lift the cane above the shoulder, thus reducing the
impact. Additionally, the subject is fully covered with a robe so that
the cane will not touch any part of the flesh. Local Islamic officials
claimed that the idea is not to injure but to make offenders ashamed of
their sin so that they will repent and not repeat the offense.
On February 17, the Home Ministry announced that three Muslim women
and four Muslim men found guilty of illicit sex under Sharia law had
been caned on February 9. The canings of the women took place in a
female prison in Selangor and were administered by government
officials. These were the first reported cases of women being caned in
the country. Local NGOs condemned the punishments. The Malaysian Bar
Council in a press release observed that it was shocking that the
Government made the announcement only after the punishment had been
carried out since the constitution forbids corporal punishment of
women. In an earlier case in July 2009, the Kuantan Sharia High Court
(Pahang State) sentenced Kartika Sari Dewi Shukarno to a RM5,000
(approximately $1,400) fine and six strokes of a cane for consuming
alcohol at a hotel in Pahang State in 2008. Kartika was the first
Muslim woman sentenced to caning, but on April 1, the Sultan of Pahang
commuted her caning sentence and reduced the penalty to 20 days of
community service at a child daycare center.
During the year Sharia courts sentenced at least five persons to
caning for alcohol offenses. In 2009 Sharia courts sentenced persons to
caning for alcohol offenses and for khalwat (close proximity by
unmarried persons of the opposite sex).

Prison and Detention Center Conditions.--Prison overcrowding,
particularly in facilities near major cities, remained a serious
problem. In December 2009 the Home Ministry reported that the country's
31 prisons held 32,130prisoners in locations designed to hold 32,600.
According to the International Centre for Prison Studies, in mid 2008,
women made up 8.3 percent of the total prison population. Local and
international NGOs estimated most of the country's 16 IDCs were at or
beyond capacity, with some detainees held for a year or more.
NGOs and international organizations involved with migrant workers
and refugees made credible allegations of overcrowding, inadequate
food, lack of regular access to clean water, poor medical care, poor
sanitation, and lack of bedding in IDCs. An NGO with access to the IDCs
claimed that overcrowding, deficient sanitation, and lack of medical
screening and treatment facilitated the spread of disease. During the
year the Government allowed local NGOs with mobile medical clinics into
the IDCs. On August 24, the Ministry of Home Affairs' secretary general
publicly acknowledged that security measures and living conditions at
all the IDCs were seriously deficient and that none met international
standards. He added that a five-agency committee had been set up to
tackle the problem at IDCs and to upgrade IDC standard operating
procedures.
In 2008 the Malaysian Human Rights Commission (SUHAKAM) identified
poor medical care as the principal reason why 1,300 detainees had died
over the previous six years in IDCs, prisons, and jails. In October
2009, a SUHAKAM commissioner noted that most of the deaths reportedly
were due to communicable diseases that thrive in unsanitary and
overcrowded detention facilities. The commissioner also recommended
that the IDCs observe better health standards to prevent the spread of
disease.
Prisoners and detainees are allowed visitors during specified
visiting hours, and, provided the religious practices were not derived
from one of the 56 sects of Islam the Government considers ``deviant''
and a threat to national security, there were no issues with religious
observance. The Prisons Act does not provide a process for prisoners to
submit complaints to judicial authorities. It does allow judges to
visit prisons to examine conditions and ask prisoners and prison
officials about prison conditions. According to local NGOs, because
prison authorities reportedly monitor all incoming and outgoing
materials, complaints normally would not be sent through prison
authorities. When a lawyer is appointed to investigate a claim such
documents could be treated as private and confidential under attorney-
client privilege.
The authorities generally did not permit NGOs and the media to
monitor prison conditions. The Government approved visits by the
International Committee of the Red Cross and SUHAKAM officials on a
case-by-case basis. SUHAKAM serves as the Government's de facto
ombudsman, investigating human rights abuses, including those alleged
to have taken place within the prison system.
The UN High Commission for Refugees (UNHCR) had access to
registered refugees and asylum seekers detained in IDCs and prisons.
Historically, prison and IDC officials denied the UNHCR access to
unregistered asylum seekers in detention; however, since April 2009,
IDCs scheduled UNHCR visits to interview unregistered potential
refugees. Through these interviews, the UNHCR secured the release of
2,885 refugees from IDCs during the year.

d. Arbitrary Arrest or Detention.--The constitution stipulates that
no person may be incarcerated unless in accordance with the law.
However, the law allows investigative detention to prevent a criminal
suspect from fleeing or destroying evidence while police conduct an
investigation. Four laws, most notably the ISA, also permit preventive
detention to incarcerate an individual suspected of criminal activity
or to prevent a person from committing a future crime. Such laws
severely restrict, and in some cases eliminate, access to timely legal
representation and a fair public trial.

Role of the Police and Security Apparatus.--The approximately
102,000-member Royal Malaysia Police (RMP) force is under the command
of the inspector general of police (IGP), who reports to the home
affairs minister. The IGP is responsible for organizing and
administering the police force. The Department of Islamic Development
Malaysia (JAKIM) enforces Sharia law. JAKIM sometimes receives
assistance from the RMP when conducting religious raids. The Government
has some mechanisms to investigate and punish abuse and corruption.
There were NGO and media reports that security forces acted with
impunity during the year.
Police officers are subject to trial by the civil courts. Police
representatives reported that there were disciplinary actions against
police officers during the year. Punishments included suspension,
dismissal, and demotion.
The Government continued to focus police reform efforts on
improving salaries, quarters, and general living conditions of police
officers. However, the status of other reforms, including the formation
of an independent police complaints and misconduct commission, remained
pending at year's end. NGOs complained that the Government's reform
efforts lacked transparency.
The police training center continued to include human rights
awareness training in its courses. SUHAKAM conducted human rights
training for police once during the year.
Unlike in previous years, security forces acted to prevent or
respond to some incidents of societal violence. Specifically, when
places of worship were attacked in January, in response to a high
court's ruling that non-Muslims could use the word ``Allah'' to
describe God in Malay-language publications, government security forces
reacted quickly to maintain control over the situation and prevent it
from escalating.
On September 28, 50 protesters from the Malay rights group Perkasa
gathered outside the Kuala Lumpur and Selangor Chinese Assembly Hall to
protest against controversial rapper Wee Meng Chee (also known as
Namewee) as he prepared to speak at a youth summit. The crowd burned
enlarged photos of Namewee and attempted to enter the hall but were
stopped by antiriot police.
In recent years, the Home Ministry relied primarily upon RELA to
conduct raids and detain suspected illegal migrants. However, in 2009
the Government reduced RELA involvement and authority in immigration
matters and by August 2009, had removed all RELA personnel from the
IDCs. In 2009 the Government announced that RELA members would assist
the police in combating crime. However, after the August 1 escape of 20
Afghan nationals from an IDC near Kuala Lumpur International Airport,
Deputy Home Minister Lee Chee Leong announced that security for the
IDCs would be transferred from immigration authorities to the Prison
Department, with RELA providing perimeter security. NGOs and
organizations dealing with refugee affairs reported that RELA continued
to enforce immigration laws.
In December RELA membership reached 2,042,215, having almost
doubled since 2009. The Government took steps to increase RELA's
overall role, specifically in assisting police with criminal matters.
NGOs remained concerned that inadequate training left RELA members ill
equipped to perform their duties. On December 29, Koh Tsu Koon,
minister in the Prime Minister's Department, said that due to the
impossibility of stationing police officers on every corner, thousands
of RELA members were deployed to assist police in the patrolling of
high-crime areas. Reported abuses by RELA members included extortion,
theft, pilfering items from homes, and pillaging refugee settlements.
However, such reports were fewer than in previous years.
The Government did not release information on how it investigated
complaints against RELA members or how it administered disciplinary
action. The Public Protection Authorities Act of 1948 and a 2005
Amendment to Essential Regulations give RELA members legal immunity for
official acts committed in good faith.

Arrest Procedures and Treatment While in Detention.--The law
permits police to arrest individuals for some offenses without a
warrant and hold suspects for 24 hours without charge. A magistrate may
extend this initial detention period for up to two weeks. Although
police generally observed these provisions, a 2005 police commission
report noted that police sometimes released suspects and then quickly
rearrested them and held them in investigative custody. Local NGOs
asserted that this practice continued. The law gives an arrested
individual the right to be informed of the grounds for his arrest by
the police officer making the arrest. Police must inform detainees that
they are allowed to contact family members and consult a lawyer of
their choice.
Police often denied detainees access to legal counsel and
questioned suspects without giving them access to counsel. Police
justified this practice as necessary to prevent interference in ongoing
investigations, and judicial decisions generally upheld the practice.
The 2005 police commission report stated that an ``arrest first,
investigate later'' mentality pervaded some elements of the police
force and recommended that detention procedures be reviewed to prevent
abuse. On some occasions law enforcement agencies did not promptly
allow access to family members.
The law allows the detention of a person whose testimony as a
material witness is necessary in a criminal case if that person is
likely to flee. Bail is usually available for those accused of crimes
not punishable by life imprisonment or death. The amount and
availability of bail is determined at the judge's discretion. When bail
is granted, accused persons usually must surrender their passports to
the court.
Crowded and understaffed courts often resulted in lengthy pretrial
detention, sometimes lasting several years. In December 2009 Chief
Justice Zaki Azmi stated there were 900,000 cases pending in the lower
courts and 91,000 in the higher courts. On September 25, the chief
justice of the federal court announced the establishment of two
additional civil high courts to ease the backlog in commercial and
civil high court cases. In October Zaki announced there were 43,403
pending civil cases at the high court, a 53.5 per cent reduction
compared with 93,523 cases in 2008. There are 3,459 pending criminal
cases at the High Court, a 23.8 per cent reduction compared with 4,544
cases in 2008. On December 14, Zaki announced that the Government would
allow plea bargaining as a means of reducing case backlogs.
Four preventive detention laws permit the Government to detain
suspects without normal judicial review or filing formal charges: the
ISA, the Emergency (Public Order and Prevention of Crime) Ordinance,
the Dangerous Drugs (Special Preventive Measures) Act, and the
Restricted Residence Act.
The ISA empowers police to arrest without a warrant and hold for up
to 60 days any person who acts ``in a manner prejudicial to the
national security or economic life of Malaysia.'' During the initial 60
day detention period in special detention centers, the ISA allows for
the denial of legal representation and does not require that the case
be brought before a court. The home minister may authorize further
detention for up to two years, with an unlimited number of two-year
extensions to follow. In practice, the Government infrequently
authorized ISA detention beyond two two-year terms. Some of those
released before the end of their detention period were subject to
``imposed restricted conditions.'' These conditions limit freedom of
speech, association, and travel inside and outside the country.
Even when there are no formal charges, the ISA requires that
authorities inform detainees of the accusations against them and permit
them to appeal to a nonjudicial advisory board for review every six
months. However, advisory board decisions and recommendations are not
binding on the home minister, not made public, and often not shown to
the detainee.
The Bar Council and several human rights NGOs have called for the
repeal of the ISA, which does not allow judicial review of ISA
decisions in any court, except for issues of compliance with procedural
requirements. The UN Human Rights Council's Working Group on Arbitrary
Detention visited the country June 7-18 and at the conclusion of its
visit recommended that the ISA (and the other preventive detention
laws) be repealed or, if amended, brought into conformity with the
Universal Declaration of Human Rights.
In April 2009, on his first day in office, Prime Minister Najib
announced that his office would conduct a comprehensive review of the
ISA. Since the announcement, the Home Affairs Ministry has held closed
meetings with numerous groups, including political parties and NGOs, to
review the act. Little information has been made publicly available
regarding these meetings.
In 2009 the Government released 31 ISA detainees, including five
detained Hindu Rights Action Force leaders and five alleged Jemaah
Islamiya (JI) terrorist organization members.
On January 27, the Home Minister confirmed that on January 21,
authorities detained 10 persons--nine foreigners and one citizen--under
the ISA for alleged links with international terrorist organizations.
The nine foreign-born arrestees from Yemen, Nigeria, Jordan, and Syria
reportedly were deported in March. The Government placed the one
Malaysian citizen, Azzahari Murad, under the provisions of the
Restrictive Residence Act on March 11.
On July 15, authorities detained Mohamad Fadzullah Abdul Razak for
allegedly recruiting undergraduate students to join JI. At year's end
he remained in custody under the ISA.
On August 11, authorities detained three persons, citizens Sheikh
Abdullah Sheikh Junaid, and Samsul Hamidi, and Indonesian
MustawanAhbab, for alleged terrorist links. The Government released
Sheikh Abdullah Sheikh Junaid and Samsul Hamidi within 60 days of their
arrest.
On September 2, the Home Ministry released Shamsuddin Sulaiman, an
alleged member of JI, after eight years in detention. On September 24,
the Home Ministry deported and turned over to Singaporean authorities
Mas Selamat Kastari, alleged leader of the Singapore JI network.
According to local NGOs, during the year authorities detained 25
persons under the ISA and released 15 persons. At year's end there were
25 persons reportedly in detention under the ISA, including those who
had been detained in previous years. Reasons for the detentions were
links to terror organizations, document forgery, and involvement in
human smuggling syndicates.
On March 25, the Court of Appeals overturned the Kuala Lumpur High
Court's 2007 award of RM2.5 million (approximately $715,000) to former
ISA detainee Abdul Malek Hussin for his arrest and alleged torture
under the ISA in 1998. The Court of Appeals ruled that his detention
under the ISA was legal and that he was not entitled to the monetary
award. On August 12, the Federal Court upheld the ruling.
Under the Emergency Ordinance (EO), the home minister may issue a
detention order for up to two years against a person if he deems it
necessary for the protection of public order, ``the suppression of
violence, or the prevention of crimes involving violence.'' A local NGO
reported that in 2009, the Government detained 548 persons under the
EO. According to statistics the Home Ministry presented to Parliament
in January, 3,701 individuals were detained under the EO and other
preventative measures between 2000 and 2009. The authorities used the
EO on suspected organized-crime figures.
In December 2009 authorities reportedly arrested four youths
between the ages of 15 and 20--S. Gunaseelan, M. Puspanathan, P.S.
Jagendran, and V. Rajkumar--for being in possession of a stolen
bicycle. The four were reportedly detained for 60 days under the EO. On
March 11, the home minister ordered the detention of the four under the
Restricted Residence Act. On March 12, SUARAM issued a press statement
saying the four were ``tortured physically and mentally by police
during the entire duration of their detention'' under the EO. On
December 20, the Government allowed Jagandran to return to his
hometown, but his movement is restricted until March 2012, under the
provisions of the EO.
Provisions of the Dangerous Drugs Act give the Government specific
power to detain suspected drug traffickers without trial for up to 39
days before the home affairs minister must issue a detention order.
Once the Home Affairs Ministry issues the detention order, the detainee
is entitled to a hearing before a court, which has the authority to
order the detainee's release. Authorities may hold suspects without
charge for successive two-year intervals with periodic review by an
advisory board, whose opinion is binding on the minister. However, the
review process contains none of the procedural rights that a defendant
would have in a court proceeding. Police frequently detained suspected
narcotics traffickers under this act after courts acquitted them of
formal charges. According to the National Antidrug Agency, the
Government detained 1,176 persons under the preventive detention
provisions of the act during the first 11 months of 2009, compared with
1,115 persons during all of 2008.
The Restricted Residence Act allows the home affairs minister to
place individuals under restricted residence away from their homes.
These persons may not leave the residential district assigned to them,
and they must present themselves to police on a daily basis. As under
the ISA, authorities may renew the term of restricted residence every
two years. The minister is authorized to issue the restricted residence
orders without any judicial or administrative hearings. The Government
continued to justify the act as a necessary tool to remove suspects
from the area where undesirable activities were being conducted.

e. Denial of Fair Public Trial.--Three constitutional articles
provide the basis for an independent judiciary; however, other
constitutional provisions, legislation restricting judicial review, and
additional factors limited judicial independence and strengthened
executive influence over the judiciary.
Members of the bar, NGO representatives, and other observers
expressed serious concern about significant limitations on judicial
independence, citing a number of high-profile instances of arbitrary
verdicts, selective prosecution, and preferential treatment of some
litigants and lawyers.
In 2008 a royal commission, which had been formed to investigate
the 2002 videotape of a purported conversation in which a senior
lawyer, V.K. Lingam, and a senior judge, Ahmad Fairuz Abdul Halim,
discussed arrangements for assigning cases to ``friendly'' judges,
released its findings and determined that former prime minister
Mahathir, UMNO Secretary General Tengku Adnan, and former chief justice
Eusoff Chin among others were involved in manipulating judicial
appointments and improperly influenced the promotion of judges. In June
2009 in a written reply to opposition Democratic Action Party (DAP)
parliamentarian Karpal Singh's question on why there was no follow-up
on the commission's findings, a minister in the Prime Minister's
Department explained that the cases were closed for lack of evidence.
On August 23, Lingam, along with Eusoff Chin and Ahmad Fairuz appealed
the high court's 2008 decision denying them permission to appeal the
findings of the royal commission. On August 24, the Court of Appeal
granted permission for the three to challenge the findings of the royal
commission and directed the high court to hear the case. On September
23, the AGC appealed the Court of Appeal's decision to the Federal
Court. On September 30, the high court announced that it would hear the
case on May 16, 2011.
In 2008 authorities arrested parliamentary opposition leader Anwar
Ibrahim for alleged consensual sodomy with a former aide. Prosecutors
charged Anwar in court under the penal code for ``consensual carnal
intercourse against the order of nature,'' which carries a potential
sentence of 20 years in jail. The court released Anwar on bail.
In August 2009 Anwar filed an application for judicial review to
disqualify the Government's prosecution team on grounds of alleged
bias, conflict of interest, and prosecutorial misconduct. After months
of delay while the trial court ruled on motions ranging from requests
for evidence to outright dismissal, Anwar's trial began on February 2,
with his former aide and alleged victim, Saiful Bukhari, taking the
stand as the prosecution's first witness. Since the beginning of the
trial, there have been six administrative delays due to appeals. The
trial was scheduled to resume January 21, 2011. Prosecution for
consensual sodomy between two adults is extremely rare in Malaysian
jurisprudence.

Trial Procedures.--English common law is the basis for the secular
legal system. The constitution states that all persons are equal before
the law and entitled to equal protection of the law. Trials are public,
although judges may order restrictions on press coverage. Juries are
not used. Defendants have the right to counsel at public expense if
requested by an accused individual facing serious criminal charges.
Strict rules of evidence apply in court. Defendants may make statements
for the record to an investigative agency prior to trial. Limited
pretrial discovery in criminal cases impeded defendants' ability to
defend themselves. Defendants confronted witnesses against them and
presented witnesses and evidence on their behalf, although judges
sometimes disallowed witness testimony. Government-held evidence was
not consistently made available. Attorneys are required to apply for a
court order to obtain documents covered under the Official Secrets Act.
Defendants are presumed innocent until proven guilty and may appeal
court decisions to higher courts. The law limits a defendant's right to
appeal in some circumstances. The Government stated that the limits
expedite the hearing of cases in the upper courts, but the Bar Council
declared that they impose excessive restrictions on appeals.
In firearm and certain national security cases, a lower standard
for accepting self-incriminating statements by defendants as evidence
is in effect. Regulations also allow the authorities to hold an accused
for an unspecified time before making formal charges.
In criminal cases, police sometimes used tactics that impaired a
defendant's due process rights. For example, police used raids and
document seizures to harass defendants.
Sharia courts do not give equal weight to the testimony of women.
Many NGOs complained that women did not receive fair treatment from
Sharia courts, especially in matters of divorce and child custody.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--The structure of the civil
judiciary mirrors that of the criminal courts. A large case backlog
often resulted in delayed provision of court-ordered relief for civil
plaintiffs. The courts have encouraged the use of mediation and
arbitration to speed settlements. According to judicial sources,
mediation was used in 60 percent of road accident cases and
approximately 40 percent of other civil cases. The Government and
government officials can be sued in court for alleged violations of
human rights.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--Various laws prohibit arbitrary interference with
privacy rights; however, authorities infringed on citizens' privacy
rights in some cases. Provisions in the security legislation allow
police to enter and search without a warrant the homes of persons
suspected of threatening national security. Police also may confiscate
evidence under these provisions. Police used this legal authority to
search homes and offices; seize computers, books, and papers; monitor
conversations; and take persons into custody without a warrant. The
Government monitored e mails sent to Internet blog sites and threatened
to detain anyone sending content over the Internet that the Government
deemed threatening to public order or security.
JAKIM guidelines authorize JAKIM officials to enter private
premises without a warrant if they deem swift action necessary to
conduct raids on premises where they suspect Muslims are engaged in
offenses such as gambling, consumption of alcohol, and sexual relations
outside marriage.
On January 4, local news outlets reported that the Selangor Islamic
Religious Department (JAIS) conducted raids at budget hotels in
Selangor in conjunction with the New Year's Eve celebration and
arrested 52 unmarried couples in hotels for violating khalwat. On April
25, local newspapers reported that a 21-year-old college student fell
to his death from the fifth floor of an apartment building when he
reportedly tried to escape a raid by JAIS agents searching for khalwat
violators.
In corruption investigations, after a senior police official
involved in the investigation submits a written application, the law
empowers a deputy public prosecutor to authorize interception of any
messages sent or received by a suspect. Information obtained in this
way is admissible as evidence in a corruption trial. Security forces
have broad authority to install surreptitiously surveillance devices on
private property. In addition, public prosecutors may authorize police
to intercept postal and telecommunications messages if a prosecutor
judges these likely to contain information regarding a terrorist
offense. Intercepted communications from such efforts are admissible in
court.
The law permits the Home Ministry to place criminal suspects under
restricted residence in remote districts away from their homes for two
years.
The Government bans membership in unregistered political parties
and organizations.
Certain religious issues posed significant obstacles to marriage
between Muslims and adherents of other religions. The Government does
not recognize marriages between Muslims and non-Muslims.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press; however, in practice the Government
restricted freedom of expression and intimidated journalists into
practicing self-censorship. According to officials of the Home and
Information Ministries, they imposed restrictions on the media to
protect national security, public order, and friendly relations with
other countries.
The law provides that legislation ``in the interest of security
(or) public order'' may restrict freedom of speech. For example, the
Sedition Act prohibits public comment on issues defined as sensitive,
such as racial and religious matters. The Government used the ISA, the
Sedition Act, the Official Secrets Act, the Printing Presses and
Publications Act, criminal defamation laws, and other laws to restrict
or intimidate political speech. Nevertheless, individuals frequently
criticized the Government publicly or privately. However, on some
occasions the Government retaliated against those who criticized it.
The election law makes it an offense for a candidate to ``promote
feelings of ill will, discontent, or hostility.'' Violators could be
disqualified from running for office.
On August 18, popular Chinese-language radio station 98.8
terminated the employment of a Chinese-speaking ethnic-Malay announcer,
Jamaluddin Ibrahim, reportedly in response to a letter from the
Malaysian Communications and Multimedia Commission (MCMC) stating that
Jamaluddin's comments on race relations negatively influenced the
security of the country and were unacceptable.
On June 12, the High Court acquitted opposition DAP parliamentarian
Karpal Singh of charges under the Sedition Act for comments at a
February 2009 media conference that the sultan of Perak could be sued
for his role in the removal of a state's chief minister.
On July 1, the Home Ministry failed to renew the annual publishing
permit of People's Justice Party of Malaysia (PKR) newspaper Suara
Keadilan after it expired on June 30. Anwar Ibrahim was the de facto
leader of PKR. Also in July the Home Ministry refused to renew the
permits of two other opposition political party newspapers--the Islamic
Party of Malaysia's (PAS) Harakah, which expired on July 7, and the
DAP's Rocket, which expired on June 30. Both parties appealed the Home
Ministry's decision. On July 15, the Home Ministry approved Harakah's
permit with conditions that the newspaper be sold only to members and
at the party's headquarters and offices. On August 18, the Home
Ministry renewed the permit of the Rocket and imposed the same
conditions.
Parties in the ruling coalition owned or controlled a majority of
shares in two of the three major English and all Malay daily
newspapers. Businesspersons well connected to the Government and ruling
parties owned the third major English-language newspaper and all four
major Chinese-language newspapers.
Journalists were subject to harassment and intimidation due to
their reporting. On February 19, a journalist for the Government-
influenced daily, The Star, P. Gunasegaran, wrote an article titled
``Persuasion, not Compulsion'' in which he questioned whether the
detention and caning of three Muslim women for having illicit sex was
an appropriate punishment. On February 22, the conservative Muslim NGO
Rakyat Islam Prihatin and several others including the pro-Malay-rights
group Perkasa lodged police reports demanding that the Government
revoke The Star's printing permit to protest the article. The NGOs
claimed the article insulted Islam and demanded both an apology and
that Gunasegaran be fired. On February 23, the Home Ministry issued a
show-cause letter against the publication. On February 24, The Star
issued an apology in response.
On September 22, police questioned member of parliament and
daughter of opposition leader Anwar Ibrahim, Nurul Izzah, for sedition,
following the two-part article she authored, entitled ``Malaysia or
Malaysaja'' (Malaysia or Malay Only) for the Web site Malaysian Insider
on August 31. In the article Nurul argued that the constitution refers
to the ``special position'' of the Malays and other bumiputera (Malays
and other indigenous persons, literally ``sons of the soil''), but not
to any inalienable rights. Nurul also invited Ibrahim Ali, president of
the Malay rights NGO Perkasa, to debate. On September 2, Ibrahim Ali
lodged a police report against Nurul over the article, accusing her of
questioning the constitution. On September 22, the police questioned
Nurul Izzah. There were no further developments during the year.
On September 29, DAP member of Parliament Tony Pua was questioned
by police for sedition for suggesting the abolishment of discounts for
luxury residential properties for bumiputera and channeling those
benefits to the poor instead. His suggestion was published in the local
daily Utusan Malaysia on July 27, which resulted in numerous police
reports filed against Pua for questioning the rights of ethnic Malays.
No further information regarding the case was available.
Unlike in past years, there were no instances of journalists being
subject to arrest.
Criminal defamation is punishable by a maximum of two years in
jail, a fine, or both. This, along with the Government power over
annual license renewal and other policies, inhibited independent or
investigative journalism and resulted in extensive self-censorship.
Nonetheless, the English-, Malay-, and Chinese-language press sometimes
provided alternative views on sensitive issues, as did online media and
bloggers.
The Government continued to censor the media by controlling news
content, requiring the annual renewal of publishing permits, and
limiting circulation to an organization's members only. Printers often
were reluctant to print publications that were critical of the
Government for fear of reprisal. However, publications of opposition
parties, social action groups, unions, Internet news sites, and other
private groups actively covered opposition parties and frequently
printed views critical of government policies.
The Government directly and indirectly censored the media by using
the Printing Presses and Publications Act, which requires domestic and
foreign publications to apply annually to the Government for a permit,
making publication of ``malicious news'' a punishable offense and
empowering the home affairs minister to ban or restrict publications
believed to threaten public order, morality, or national security. It
also prohibits court challenges to suspension or revocation of
publication permits. According to the Government, these provisions
ensured that the media did not disseminate ``distorted news'' and were
necessary to preserve harmony and promote peaceful coexistence in a
multiracial country. During the year the ministry continued to review,
censor, and confiscate many foreign publications.
During the year the Home Ministry banned at least 25 books that
could ``jeopardize public order'' or were obscene. The books banned
include a Tamil-language book, Sex Exercise by Tamilvanan, and a Malay
book, Between Love and Sin by Fahmi Ismail. Home Ministry officials
added that individuals involved in the printing, importing, publishing,
selling, and distributing of these banned titles could be charged under
the Printing, Presses, and Publishing Act of 1984, which carries a jail
term of up to three years and a fine up to RM20,000 (approximately
$5,700).
In June the Government banned the book Perak Darul Kartun (Perak
Land of Cartoons) and a magazine of political cartoons, Issues in
Cartoons. Home Ministry Secretary General Mahmood Adam said the
Government banned the publications because their contents could
influence people to revolt against the leaders and government policies.
On June 24, the Home Ministry also banned a book, 1Funny Malaysia,
by cartoonist Zulkifly Anwar Ulhaque (also known as Zunar) and
published by Kini Books, which is owned by Internet news portal
Malaysiakini. Mahmood Adam said the book's contents were deemed
unsuitable and detrimental to public order. On September 24, police
officials arrested Zunar for sedition just hours before the launch of
his book, Cartoon-o-phobia. The Government confiscated 66 copies of the
book. Zunar was released on bail September 25 and was ordered to report
to police on October 7. On October 8, the high court allowed Zunar to
file a challenge to the book ban. A hearing was scheduled for March 10,
2011.
On August 19, Home Ministry enforcement officers seized copies of
political books, Body 2 Body and The March to Putrajaya, from
Kinokuniya, an international bookstore in Kuala Lumpur. The officers
left a seizure notice with the store's employees. On September 30, the
Home Ministry banned the books for containing ``baseless accusations
against national leaders and inciting public hatred and anger against
the federal constitution.'' On October 4, Kim Quek, the author of March
to Putrajaya, made the book available on the Internet free of charge.
On December 10, Kim Quek filed a lawsuit against the home minister, the
police, and the Government alleging unlawful seizure of the books. The
high court judge scheduled a hearing for January 10, 2011.
On January 25, the High Court of Kuala Lumpur lifted as
unconstitutional the ban imposed in 2008 against the book Muslim Women
and the Challenge of Islamic Extremism, by Norani Othman, cofounder of
the NGO Sisters in Islam (SIS).
On March 8 and 11, the Home Ministry banned 13 Malay-language,
three Tamil-language, and five Chinese-language books claiming the
books were immoral and unsuitable for public reading.
Radio and television stations were as restricted as the print media
and were predominantly supportive of the Government. News of the
opposition was tightly restricted and reported in a biased fashion.
During the 13 by-elections held since the March 2008 national
elections, the mainstream media provided minimal coverage of opposition
candidates, intensely negative reporting about their parties' senior
figures, and extensive reporting on the ruling party candidates.
On April 20, Joshua Wong Ngee Chong, producer of NTV7's Chinese-
language talk show ``Editor's Time,'' resigned to protest self-
censorship by the private television channel in the face of alleged
pressure from the prime minister's wife, Rosmah Mansor. According to
Wong, Rosmah forwarded text messages to NTV7 senior management calling
episodes of some of its talk shows racist. The episodes in question
featured debates between politicians from the ruling coalition Barisan
Nasional and the opposition coalition Pakatan Rakyat (PR) as well as
independent commentators. NTV7 subsequently did not report on the April
25 Hulu Selangor parliamentary by-election or political issues in
general; nor did it invite opposition politicians as guests. NTV7
subsequently refused to air a documentary on the Hulu Selangor by-
election.
On April 28, the director general of state-owned Radio Television
Malaysia, Ibrahim Yahya, allegedly ordered a Chinese-language
documentary series Galeri Mandarin Nasional taken off the air after
only two episodes. The 10-episode series depicted the plight of more
than 10,000 natives of Belaga, Sarawak, after their forced relocation
to Sungai Asap and Sungai Koyan in 1998 due to the construction of
Bakun Dam. The documentary producer reportedly said that his superior
claimed that some ``sensitive elements'' in the documentary could be
harmful to the Sibu parliamentary by-election that was to be held on
May 16 and the upcoming Sarawak State election.
Television stations censored programming in line with government
guidelines. The Government banned some foreign newspapers and magazines
and occasionally censored foreign magazines or newspapers, most often
for sexual content. The Government maintained a ``blacklist'' of local
and foreign performers, politicians, and religious leaders who were not
allowed to appear on television or broadcast on radio.
The Government generally restricted remarks or publications,
including books, that it judged might incite racial or religious
disharmony.

Internet Freedom.--Internet access was widely available, except in
East Malaysia, where the Internet was often not available beyond urban
centers. According to International Telecommunication Union statistics
for 2009, approximately 65 percent of the country's inhabitants used
the Internet.
On March 1, Information, Communication and Culture Minister Rais
Yatim said the Government would not impose any restrictions on the
Internet, noting that the Government would not resort to measures such
as censoring software to monitor all personal computers. However, on
September 4, the Home Ministry deputy secretary general for security,
Abdul Rahim Mohamad Radzi, announced the establishment of a taskforce
to monitor the Internet for blog postings deemed harmful to national
unity and to take action against those trying to stoke racial tensions.
The taskforce involved police, Internet regulators, the Ministry of
Information, and the Attorney General's Chambers. The Government
monitored e mails sent to Internet blog sites and threatened to detain
anyone sending content over the Internet that the Government deemed
threatening to public order or security. On September 13, Rais Yatim
mentioned the formation of a special taskforce to investigate
complaints about possible threats to national security and unity. On
September 15, the MCMC warned Internet operators to avoid offensive,
indecent, or sensitive matters such as religion and race.
Criminal defamation and preventive detention laws generated some
self-censorship from local Internet content sources such as bloggers,
Internet news providers, and NGO activists.
On September 2, the Petaling Jaya Sessions court charged blogger
Irwan Abdul Rahman under the Communication and Multimedia Act for
``creating and spreading lies with the malicious intent to hurt
others.'' Irwan posted a satire stating that the National Electric
Company (Tenaga Nasional Berhad) would sue the World Wildlife
Federation for organizing the ``Earth Hour Campaign'' encouraging
consumers not to use electricity for an hour because such an event
would cost the national corporation millions in unrealized revenue. If
convicted, Irwan could face a year's imprisonment and a fine of as much
as RM50,000 (approximately $16,000). A hearing was scheduled for
January 26, 2011.
On December 6, UMNO Supreme Council member Dr. Shahidan Kassim
called for the blocking of the Facebook social networking Web site if
its contents pose a threat to national security. He made his comments
after a Malaysian Facebook account holder allegedly insulted Islam and
leaders of Malaysia on the Web site. He accompanied the Perlis Facebook
Association committee members as they lodged a police complaint
regarding the matter. The group reportedly also lodged a report at the
State Islamic Religious Department.
In March 2009 the Sessions Court Kuala Lumpur charged six persons
under the Communications and Multimedia Act for insulting the Sultan of
Perak on blogs or other Internet postings. The blogs related to the
Perak political crisis following the takeover by the BN in February
2009. One blogger pled guilty and was fined RM10,000 (approximately
$2,850). The remaining five pled not guilty. On June 22, the Sessions
court acquitted Muslim Ahmad on the grounds that the prosecution failed
to establish a prima facie case against him. At year's end the trials
against the remaining four remained pending.
The Communications and Multimedia Act requires certain Internet and
other network service providers to obtain a license. Previously the
Government stated that it did not intend to impose controls on Internet
use but that it would punish the ``misuse'' of information technology.
The act permits punishment of the owner of a Web site or blog for
allowing content of a racial, religious, or political nature that a
court deems offensive.

Academic Freedom and Cultural Events.--The Government placed some
restrictions on academic freedom, particularly the expression of
unapproved political views, and enforced restrictions on teachers and
students who expressed dissenting views. The Government continued to
require that all civil servants, university faculty, and students sign
a pledge of loyalty to the king and the Government. Opposition leaders
and human rights activists claimed that the Government used the loyalty
pledge to restrain political activity among civil servants, academics,
and students.
Although faculty members sometimes were publicly critical of the
Government, there was clear self-censorship among public-university
academics whose career advancement and funding depended on the
Government. Private institution academics practiced self-censorship as
well, fearing that the Government might revoke the licenses of their
institutions. The law also imposes limitations on student associations
and on student and faculty political activity.
During the year Deputy Prime Minister Muhydiddin Yassin told the
press he wanted tighter screening for university lecturers to keep
extremist ideology out of the university system. The administrations of
several universities agreed to cooperate closely with police in
identifying both faculty and students with possible extremist links.
The Government has long stated that students should be apolitical,
and it used that assertion as a basis for denying political parties
access to student forums. According to student leaders, academic
authorities sometimes expelled or fined students who signed
antigovernment petitions. School authorities did not restrain
propagation of government views on controversial issues on school
campuses.
On August 11, Minister of Higher Education Khaled Nordin announced
the cabinet's reaffirmation of a 1974 decision that college and
university students not join political parties after a Ministry of
Education official had suggested lifting the ban. However, during an
August 27 National Front Youth town-hall meeting, Prime Minister Najib
said that he was keeping an open mind about university students getting
politically involved.
In the past the Government has censored and banned films for
profanity, nudity, sex, violence, and certain political and religious
content. There were no such actions during the year; however, on
September 27, the Chairman of the Film Censorship Board called for a
ban on the import and distribution of Japanese anime, on grounds that
it contained negative elements, which could corrupt the minds of
children. Although the Government allowed art-house foreign films at
local film festivals, sexual content was censored by blocking the
screen until the concerned scene was over.
The youth wing of PAS protested against singers and groups it
considered obscene and not in accordance with Islamic values. The
Government responded by canceling or placing conditions on performances
by some international performers. The PAS-led Kedah State government
continued its policy of issuing entertainment licenses to female
artists only for concerts for female audiences. The state government
also maintained a blanket ban on rock, reggae, pop, and dangdut (an
Indonesian style of music) concerts, which it claimed could have a
``negative impact'' on youth.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution states that all citizens have ``the right
to assemble peaceably and without arms''; however, the Government
placed significant restrictions on this right through use of the Public
Order Ordinance and the Police Act. The ordinance restricts public
assemblies that could damage security and public order, while the act
requires police permits for all public assemblies except for workers on
picket lines. The act defines a public assembly as a gathering of five
or more persons.
The decision to grant a permit rests with the district police
chief; however, senior police officials and political leaders
influenced the granting or denial of some permits. Police granted
permits routinely to government and ruling coalition supporters but
used a more restrictive approach with government critics, opposition
parties, NGOs, and human rights activists.
Unlike in previous years, there were no reports that the Government
used tear gas and chemically laced water cannons to break up rallies.
On August 1, police arrested 25 people at a candlelight vigil in
protest of the 50th anniversary of the Internal Security Act. Among
those arrested were anti-ISA movement President Syed Ibrahim Syed Noh
and PKR Supreme Council Member Badrul Hisham.
On July 27, a sessions court sentenced two of the six Muslim
protesters, who in August 2009 had desecrated a cow's head to protest
the relocation of a Hindu temple to their area, to pay a RM3,000 ($967)
fine or face three months' imprisonment after they plead guilty to
sedition. One of the two men was also sentenced to an additional week
in jail. The court granted a discharge not amounting to an acquittal to
the four others. These six and six others had previously pled guilty to
the charge of participating in an illegal assembly with the intention
of causing public unrest and were ordered to pay a RM1,000 ($322) fine
or face a month in jail.
At year's end the cases of the nine persons arrested for
participating in an assembly marking International Human Rights Day
2007 were still pending.
On November 20, the sessions court acquitted the 17 members of the
Coalition for Clean and Fair Elections who were arrested in 2007 on the
grounds that the prosecution failed to establish a prima facie case
against them.

Freedom of Association.--The constitution provides for the right of
association; however, the Government placed significant restrictions on
this right, and certain statutes limit it. Under the Societies Act,
only registered organizations of seven or more persons may function as
societies. The Government sometimes refused to register organizations
or imposed conditions when allowing a society to register. The
Government prohibited the Communist Party and its affiliated
organizations from registering because they allegedly posed a national
security threat. The Government has the power to revoke the
registration of an existing society for violations of the act. Unlike
in prior years, the Government did not use this power against political
opposition groups.
Some human rights and civic society organizations had difficulty
obtaining government recognition as NGOs; as a result some NGOs were
registered as companies, which presented legal and bureaucratic
obstacles to raising money to support their activities. Some NGOs also
reported that the Government monitored their activities.
The Universities and University Colleges Act also restricts freedom
of association. This act mandates university approval for student
associations and prohibits student associations and faculty members
from engaging in political activity (see section 2.a.). Many students,
NGOs, and opposition political parties called for the repeal or
amendment of the act. A number of ruling coalition organizations and
politicians also supported reexamination of the act, but the Government
maintained that the act still was necessary. In 2008 Parliament amended
the act to allow students to be members of organizations outside the
university.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice, although there were some restrictions. The eastern states of
Sabah and Sarawak controlled immigration and required citizens from
peninsular Malaysia and foreigners to present passports or national
identity cards for entry. The Government provided some cooperation to
the UNHCR and generally did not impede other humanitarian organizations
in providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.
By law anyone entering the country without appropriate
documentation is considered illegal and faces mandatory imprisonment
for a maximum of five years, a fine not to exceed RM10,000
(approximately $3,200), or both, and mandatory caning not to exceed six
strokes. In June 2009 the Government stated that it had sentenced
47,914 migrants to be caned for immigration offenses since amendments
to its Immigration Act came into force in 2002, and at least 34,923
migrants had been caned between 2002 and 2008, according to the
country's prison department records. In its 2010 publication, A Blow to
Humanity--Torture by Caning in Malaysia, Amnesty International (AI)
estimated that the Government canes as many as 10,000 prisoners a year.
The Government regulated the internal movement of provisionally
released ISA detainees. The Government also used the Restricted
Residence Act to limit movements of those suspected of criminal
activities.
Citizens must apply for government permission to travel to Israel.
The constitution provides that no citizen may be banished or
excluded from the country. In 2008, however, Chin Peng, the former
leader of the communist insurgency, lost his bid to return to Malaysia
when the Court of Appeal upheld an earlier ruling compelling him to
show identification papers proving his citizenship, forcing him to
continue to live in exile in Thailand. In April 2009 the Federal Court
upheld the Court of Appeal's decision.
Dissident blogger Raja Petra Kamarudin was in self-exile in London;
he has said he would return to the country to face sedition charges
when he was assured he would not be detained under the ISA.

Protection of Refugees.--The country is not a party to the 1951 UN
Convention relating to the Status of Refugees and its 1967 Protocol,
and its laws do not provide for the granting of asylum or refugee
status. The Government has not established a system for providing
protection to refugees. The Government did not grant refugee status or
asylum. The Government did not provide legal protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion. At the same time, the Government generally cooperated with
UNHCR and did not deport individuals registered as refugees by the
UNHCR and being processed for resettlement to third countries.
The Government generally did not distinguish between asylum seekers
and illegal immigrants and detained them in the same immigration
detention centers. Beginning in April 2009 the Government provided
preferential treatment to those individuals carrying a UNHCR card.
Reports of government deportation of some refugees and asylum seekers
with UNHCR refugee cards effectively stopped as of July 2009.
According to government officials, there were an estimated four
million foreign nationals in the country, of whom nearly two million
were illegal and undocumented. Of this latter group, the majority were
from Indonesia. Additionally, 61,000 Filipino Muslims who fled the Moro
insurgency in the 1970s were reportedly living in the country. Although
they were not legally authorized to work, the Government typically did
not enforce laws prohibiting registered refugees from working. On
November 18, Home Ministry Secretary General Mahmood Adam said the
Cabinet would decide in December if the Government would allow refugees
to work in the country; however, no further developments were reported
during the year.
During the year the UNHCR registered 91,985 persons of concern in
the country 18,378 of whom were children. The majority of illegal
migrants worked in construction, restaurants, plantations, and garment
factories, as well as in the sex industry.
The Government provided access to health care for refugees with
UNHCR cards at a discounted foreigner's rate; however, the costs
generally were beyond their means. Mobile clinics run by NGOs existed,
but access was limited.
Refugees had no access to formal education, and although there were
schools run by NGOs and ethnic communities, opportunities for schooling
were limited by a lack of resources and qualified teachers.
In previous years there were many allegations from NGOs,
international organizations, and civil society groups that immigration
officials were involved in the trafficking of Burmese refugees from
IDCs to Thailand, where some refugees were sold into slavery. There
were no such reports of trafficking during the year. NGOs and
international organizations reported that since April 2009, allegations
of abuse of power by RELA decreased. However, RELA continued to conduct
raids targeting illegal migrant communities and detained refugees and
asylum seekers along with allegedly illegal migrants. According to
local NGOs and international organizations, IDCs allowed those with the
UNHCR documents access to the UNHCR while in detention. Refugees with
UNHCR cards occasionally were arrested during the raids but were
released after the authorities were satisfied with the documents. Since
April 2009 the authorities also provided UNHCR access to potential
refugees without UNHCR registration cards as well as to all Burmese
detainees in the IDCs to verify whether they were asylum seekers.
Because the UNHCR did not maintain a presence at the country's
border, most asylum seekers traveled to Kuala Lumpur for
determinations; in 2009 and the early part of the year UNHCR conducted
mobile registrations in areas with high concentrations of refugees.
During the year the UNHCR listed 91,985 persons as asylum seekers and
refugees, approximately 92 percent of whom were Burmese citizens with
Chin and Rohingya being most numerous, and sizeable groups of Kachin,
Karen, and Mon. UNHCR registered 9,539 refugees through its mobile
registration from January to March.
During the year the UNHCR submitted 12,648 refugees to third
countries for resettlement consideration. Third countries accepted and
resettled 7,955 refugees during the year.
During the year UNHCR staff members conducted numerous visits to
various prisons and IDCs located throughout the country to provide
counseling and support to its persons of concern and ensure legal
representation.
NGOs reported that detention facilities were overcrowded,
unsanitary, and lacked adequate medical facilities (see section 1.c.).

Stateless Persons.--Citizenship is derived from one's parents. NGO
estimates of the number of stateless persons ranged from several
thousand to as many as 30,000. A foreign government estimated that
approximately 10 to 20 percent of the 60,000 illegal immigrants and
persons of concern living in Sabah were stateless children born in
Sabah. Government officials denied stateless persons access to
education, health care, and the right to own property.
Some persons were stateless because the Government refused to
register their birth due to inadequate proof of their parents'
marriage. Interfaith marriages not recognized by the Government
sometimes resulted in undocumented, de facto stateless children.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens formally exercised this right in practice
through periodic elections based on universal suffrage; however, while
votes generally were recorded accurately, there were some
irregularities that affected the fairness of elections, and this right
was abridged in practice.

Elections and Political Participation.--Opposition parties were
unable to compete on equal terms with the governing BN coalition, led
by the ethnic-Malay UMNO party, which has held power at the national
level since independence in 1957, because of restrictions on
campaigning, freedom of assembly and association, and access to the
media. Nevertheless, opposition candidates campaigned actively, and in
the most recent national elections, held in 2008, the opposition
parties captured 82 of 222 parliamentary seats and 198 of 505 state
assembly seats, winning control of five out of 13 state governments,
and capturing 49 percent of the popular vote nationwide. For the first
time since 1969, the opposition's electoral success denied the ruling
coalition a two-thirds majority in Parliament, blocking the
Government's ability to amend the constitution at will. The opposition
parties won eight of the 11 local by-elections since the March 2008
general election.
On December 16, Anwar Ibrahim and three other opposition
parliamentarians were suspended from Parliament for six months. The
cause given for Anwar's suspension was making misleading statements to
Parliament when he linked the prime minister's 1Malaysia slogan to a
One Israel concept. The three other parliamentarians were suspended for
contempt occasioned by their opposition to Anwar's suspension.
On April 25, BN candidate P. Kamalanathan defeated PKR candidate
Zaid Ibrahim in the Hulu Selangor by-election. On May 24, Zaid Ibrahim
petitioned the high court to invalidate the results. On August 5, the
court dismissed the petition.
On May 16, DAP candidate Wong Ho Leng defeated the BN candidate in
the Sibu by-election in the East Malaysian State of Sarawak. In the
pre-election period, DAP leaders filed official reports with the
Election Commission claiming that the prime minister and other BN
leaders had violated election laws by promising millions of dollars in
development funds to the constituency. On May 20, the Election
Commission dismissed the reports claiming it had no powers to
investigate the allegation as the election laws only apply to
allegations against the candidate or their agents. The Commission
stated that the DAP should refer their reports to the Malaysian
Anticorruption Commission (MACC).
On February 9, a five-member panel of the Federal Court upheld the
Court of Appeals' reversal of a high court decision and ruled that the
sultan of Perak was empowered to dismiss the chief minister of the
state. This concluded the contretemps begun in February 2009 in which
the BN coalition regained control of Perak, one of the five states won
by the opposition PR coalition, when three PR state legislative
assembly members declared support for the BN and the sultan dismissed
the opposition-controlled state government and appointed a BN state
government.
Political parties could not operate without restriction or outside
interference. The lack of equal access to the media was one of the most
serious problems for the opposition in the 2008 national elections and
in the subsequent by-elections. Opposition leaders also claimed that
the Election Commission was under government control and lacked the
independence needed to carry out its duties impartially. There were
numerous opposition complaints of irregularities by election officials
during the campaign; however, most observers concluded that they did
not substantially alter the results. NGOs and opposition party leaders
lodged allegations of illegally registered ``phantom'' voters,
reportedly brought in from other districts to vote in tightly contested
districts; inflated voter rolls; nonregistered voters using fictitious
names or the names of dead voters still listed on the voter rolls; and
noncitizens registered to vote.
The constitution states that parliamentary constituencies should
have approximately equal numbers of eligible voters; however, in
practice the numbers varied significantly. For example, the Putra Jaya
constituency had 6,606 voters, while in Kuala Lumpur the Seputih
constituency had 76,891 voters. In Perak, Gopeng had 74,344 voters
compared with Lenggong, with only 23,223 voters. Each of these
constituencies had one member of Parliament (MP).
Over the years power increasingly has been concentrated in the
prime minister, and Parliament's function as a deliberative body has
deteriorated. Parliament rarely amended or rejected government-proposed
legislation and did not give legislation proposed by the opposition
serious consideration. Parliamentary procedures allow the speaker of
parliament to suspend members, establish restrictions on tabling
questions, edit written copies of members' speeches before delivery,
and severely restrict members' opportunities to question and debate
government policies. With the increased number of opposition MPs since
2008, government officials often faced sharp questioning in Parliament,
and the press reported in greater detail than in the past.
Under the Local Government Act, elections of public officials were
confined to state assemblies and the federal Parliament. The central
government has appointed all local and city officials since the 1969
race riots. Some politicians and NGO activists advocated the
reintroduction of local government elections. Some ruling-party
municipal officials noted that local bodies were simply ``rubber
stamps'' for the Government.
Women faced no legal limits on participation in government and
politics. At year's end two of the 32 cabinet ministers were women.
Women held 23 of the 222 seats in the lower house and 17 of the 68
Senate seats.
In practice the political dominance of the Malay majority meant
that ethnic Malays held the most powerful senior leadership positions.
Non-Malays filled 11 of the 29 ministerial posts and 23 of the 42
deputy minister positions.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
officials often engaged in corrupt practices with impunity. The media
reported numerous cases of alleged official corruption, and there was a
broadly held perception of widespread corruption and cronyism within
the governing coalition and in government institutions. The MACC is
responsible for investigating and persecuting corruption by both
private and public bodies.
On July 8, the newspaper The Star reported that the MACC had
arrested 194 people from January to May 31 involved in attempting to
bribe public officials. MACC reportedly also arrested 140 public
servants for accepting bribes.
On December 15, the Whistleblower Protection Act 2010 came into
effect. The act is designed to protect individuals who disclose
information on corrupt practices in both the public and private
sectors.
Surveys by international NGOs identified the police as among the
country's most corrupt government organizations. A 2009 Home Affairs
Ministry survey noted that 70 percent of respondents had bribed police
officers under duress. Reported police offenses included accepting
bribes and theft.
In May 2009 the Government declassified an independent audit on the
Port Klang Free Zone (PKFZ) project that revealed that the construction
cost had escalated from RM1.1 billion (approximately $314 million) in
2001 to an estimated RM12.5 billion ($3.57 billion). Credible observers
alleged that a revolving door of individuals in politics, government,
and the private sector led to a lack of appropriate checks and balances
and a general misuse of funds. In October 2009 the Government announced
a special task force to determine misconduct or criminal behavior on
the part of individuals or entities involved in the project and to
recommend actions against them. In December 2009 government authorities
arrested and charged the former general manager of the Port Klang
Authority, Phang Oi Choo; the chief operating officer, Stephen Abok;
and the architect, Bernard Tan Seng Swee. In December 2009 a fourth
individual, Law Jenn Dong, an engineer, was also arrested and charged.
On July 29, the Kajang Sessions Court charged the former transport
minister and former Malaysian Chinese Association (a component party of
the ruling BN) president, Ling Liong Sik, over his involvement in the
PKFZ project. The case remained pending at year's end.
Civil servants who refused or failed to declare their assets faced
disciplinary actions and were ineligible for promotion.
The Official Secrets Act prohibits the dissemination of classified
information. The act encompassed documents concerning national
security, defense, and international relations. However, critics
accused the Government of using the act to prevent dissemination of
materials and stifle dissent.
There is no law designed to facilitate citizens' requests for
government statistics or other information collected and compiled by
the Government. Individual MPs were allowed to request and obtain such
information on an ad hoc basis, some of which was then made available
to the public.
The November 2009 report of the UN Group of Experts on the
Democratic Republic of the Congo (DRC) reported that the Malaysian
Smelting Corporation, based in Malaysia, purchased natural resources,
the proceeds of which may have directly or indirectly funded
perpetrators of human rights abuses in the eastern DRC.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. In some cases
government officials were somewhat cooperative and responsive to their
views.
In 2009 the Islamic women's NGO SIS criticized the sentencing of
Kartika Shukarno--later pardoned--to caning for drinking alcohol in
public (see section 1.c.). A number of conservative Islamic groups
filed police reports against SIS for allegedly having insulted the
Sharia system. Police took statements from SIS employees as part of an
investigation into alleged violation of the penal code for causing
disharmony, disunity, feelings of enmity, hatred, or ill will, or
prejudicing the maintenance of harmony or unity, on grounds of
religion. There were no further developments during the year (see
section 6, Women).
On June 16, AI released the report Abused and Abandoned: Refugees
Denied Rights in Malaysia. Although the report was generally critical
of the country's efforts to provide protections to refugees, it
recognized the cooperation of the Government. The AI report noted that
in July 2009, ``Amnesty International was given unprecedented and
unfettered access to three immigration detention center facilities in
and around the capital, Kuala Lumpur.'' Similarly, UNHCR and members of
the diplomatic corps noted willingness by the Government to allow
visits to IDCs and trafficking shelters.
The Government cooperated with some international organizations
during the year and provided increased cooperation to the UNHCR to
resettle refugees in third countries.
SUHAKAM was generally considered a credible monitor of some aspects
of the human rights situation. However, SUHAKAM is not empowered to
inquire into allegations relating to ongoing court cases and must cease
its inquiry if an allegation under investigation becomes the subject of
a court case.
On June 7, the prime minister announced the appointment of Hasmy
Agam as chairman of SUHAKAM, and he also appointed six new
commissioners. On September 23, Agam announced that the Commission had
proposed that the Government grant it powers to litigate human rights
cases.
SUHAKAM commissioners traveled throughout the country to educate
community leaders, including police officials, on the importance of
human rights. Commissioners also made several visits to prisons
throughout the country to monitor conditions. They repeatedly noted the
slow government response to their reports that touched on fundamental
liberties.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides for equal protection under the law and
prohibits discrimination against citizens based on sex, religion, race,
descent, or place of birth. However, the constitution also provides for
the ``special position'' of ethnic Malays and the indigenous groups of
the eastern states of Sabah and Sarawak (collectively, bumiputera), and
discrimination based on this provision persisted.

Women.--The penal code states that rape is punishable by a prison
term of up to 30 years, caning, and a fine. The Government enforced the
law effectively. A 2007 amendment to the Penal Code criminalized
marital rape. In August 2009 a sessions court in Pahang State sentenced
a man to the maximum five years in jail, in what was believed to be the
first successful prosecution of marital rape under the amended law.
The courts may decide the minimum jail term for a man convicted of
statutory rape of a girl age 15 years or less. The law also prohibits a
person in authority from using his position to intimidate a subordinate
into having sexual relations.
Violence against women remained a problem. Reports of rape and
spousal abuse drew considerable government, NGO, and press attention.
Under the Domestic Violence Act, anyone who willfully contravenes a
protection order by using violence against a protected person may be
punished by imprisonment of up to one year and a maximum fine of
RM2,000 ($633). In extreme cases involving ``grievous hurt'' inflicted
using a deadly weapon, the maximum imprisonment increases to 20 years.
Women's groups criticized the act as inadequate and called for
amendments to strengthen it. In their view the act failed to protect
women in immediate danger because it requires that separate reports of
abuse be filed with both the Social Welfare Department and the police,
causing delay in the issuance of a restraining order. Cases also
require visible evidence of physical injury, despite its interpretation
to include sexual and psychological abuse. On April 20, The Star
reported the following rape statistics released by the home minister:
In 2008 there were 3,409 police reports lodged by rape victims and
3,626 in 2009. Of the cases reported in 2008, police arrested 2,261
suspects and 184 of them were charged. Of the 3,626 cases reported in
2009, 2,301 suspects were arrested and 162 of them were charged.
According to a December report by the Home Ministry, 2,426 rape cases
were reported from January to August, and 119 persons were charged.
Many government hospitals had crisis centers where victims of rape
and domestic abuse could make reports without going to a police
station. NGOs and political parties also cooperated to provide
counseling for rape victims, but cultural attitudes and a perceived
lack of sympathy from the largely male police force resulted in many
victims not reporting rapes. According to the Ministry of Women,
Family, and Community Development (MWFCD) and a leading women's NGO,
only 10 percent of rape cases were reported to police. Women's groups
noted that courts were inconsistent in punishing rapists.
Although the Government, NGOs, and political parties maintained
shelters and offered other assistance to battered spouses, activists
asserted that support mechanisms for victims of domestic violence
remained inadequate. There was a sexual investigations unit at each
police headquarters to help victims of sexual crimes and abuse. Women's
rights activists claimed that police needed additional training in
handling domestic abuse and rape cases.
Some Sharia experts urged Muslim women to become more aware of the
provisions of Sharia that prohibit spousal abuse and provide for
divorce on grounds of physical cruelty. Provisions in state Sharia
laws, however, generally prohibit wives from disobeying the ``lawful
orders'' of their husbands and presented an obstacle to women pursuing
claims against their husbands in Sharia courts. Muslim women were able
to file complaints in civil courts.
A government voluntary code of conduct provides a detailed
definition of sexual harassment, which is meant to raise public
awareness of the problem, but women's groups advocated passage of a
separate law on sexual harassment. The Malaysian Employers Federation
opposed any attempt to legislate against sexual harassment in the
workplace, arguing that government-imposed policies would unduly
restrict the management of labor relations. In December 2009 the Human
Resources Ministry announced that there had been 276 reported cases of
sexual harassment since 1999, of which 271 had been resolved. According
to a December report by the Home Ministry, 1,441 sexual harassment
cases were reported from January to August, with 73 brought to court.
In an effort to reduce sexual harassment during travel, the
Government introduced all-female public transportation services. In
April Malaysian Railway established women-only cars on its trains, and
in December the city of Kuala Lumpur launched a women-only bus service.
Couples and individuals had the right to decide the number,
spacing, and timing of their children. Contraceptives such as the
birth-control pill and condoms were permitted and were locally
available, although an expert from one domestic NGO estimated that only
50 percent of women use contraceptives of any type. The great majority
of births were attended by skilled medical personnel, and women
generally had access to postpartum care. According to 2008 UN
statistics, the maternal mortality rate was 31 per 100,000 live births.
Women and men generally had equal access to diagnostic and treatment
services for sexually transmitted infections, including HIV.
Women's rights advocates asserted that women faced discriminatory
treatment in Sharia courts due to prejudicial interpretations of
Islamic family law.
In August 2009 the NGO coalition Joint Action Group for Gender
Equality (JAG) issued a press statement stating that the conviction of
Kartika Shukarno for drinking alcohol illustrated discrimination
against Muslim women in the country (see section 1.c.). SIS, a member
group of JAG, faced apparent retaliation from conservative Islamic
NGOs. In September 2009 JAG issued a press release condemning Kartika's
sentence noting that it ``undermined the Government's efforts to
project an image as a moderate Islamic country.'' In February it
criticized the caning of three women for illicit sex. SIS urged the
Government to review caning as a form of punishment under the Sharia
Criminal Offences Act. It argued that certain Sharia laws contravene
the provisions of the federal constitution that forbid discrimination
based on gender. Conservative Islamic NGOs including the Selangor
Islamic Council (MAIS) filed more than 50 police reports against SIS,
accusing it of insulting the Sharia system, the king, and the
constitution. A member of parliament called on the National Fatwa
Council to investigate SIS. On March 12, the Friday mosque sermons
issued by MAIS called on the public to take action against SIS and its
officers. Police took statements from SIS employees as part of an
investigation into alleged violation of the penal code for causing
disharmony, disunity, feelings of enmity, hatred, or ill will, or
prejudicing the maintenance of harmony or unity, on grounds of
religion. There were no further developments during the year.
The law allows polygyny, which a few Muslim men practiced. Islamic
inheritance law generally favors male offspring and relatives. A small
but steadily increasing number of women obtained divorces under the
provisions of Sharia that allow for divorce without the husband's
consent.
Non-Muslim women are subject to civil law. The Guardianship of
Women and Infants Act gives mothers equal parental rights. Four states
extend the provisions of the act to Muslim mothers, and women's groups
continued to urge the other states to do the same.
The Government undertook a number of initiatives to promote
equality for women and the full and equal participation of women in
education and the work force. For example, the Women's Ministry
developed programs and workshops to encourage women to enter the
business community and operate small- and medium-sized enterprises. In
August the Women's Ministry launched a Symposium on Women
Entrepreneurship in 2010, which included a grant of RM4.7 million
($1.52 million) for 946 women entrepreneurs in the country.
Women experienced some economic discrimination in access to
employment. In December 2009 the human resource minister announced that
there were 3.8 million women compared with 7.2 million men in the labor
force. In May SUHAKAM reported that women continued to be discriminated
against in the workplace in terms of promotion and salary. Only 20
percent of officials at the decision-making level in government were
women, a lower percentage than in the private sector. Women were
routinely asked their marital status during job interviews. In 2008 the
Kedah State government announced that women entertainers could perform
only in front of all-female crowds. The JAG condemned the state
government for infringing gender-equality rights protected by the
constitution.

Children.--Citizenship is derived from one's parents (see section
2.d.). Parents must register a child within 14 days of birth. The
authorities require citizens to provide their marriage certificate and
both parents' Malaysian Government Multipurpose Card. Noncitizens must
provide passport or travel documents. Parents applying for late
registration must prove the child was born in the country. The
authorities do not enter the father's information for a child born out
of wedlock unless there is a joint application by the mother and the
person claiming to be the father. The authorities do not register
children born to illegal immigrants or asylum seekers. Asylum seekers
who register a birth risk arrest as illegal immigrants. The UNHCR
registered children born to refugees. Marriages between Muslims and non
Muslims were officially void. Couples in such marriages had difficulty
registering births that recognize the father due to the invalidity of
the marriage. Children without birth certificates are stateless and
denied entry into both public and private schools. Stateless children
(like noncitizens) were required to pay higher medical fees, which
caused hardship in many cases.
Although primary education is compulsory, there was no enforcement
mechanism governing school attendance.
The Government recognized that sexual exploitation of children and,
particularly in rural areas, incest were problems. The law provides for
six to 20 years' imprisonment and caning for individuals convicted of
incest. The testimony of children is accepted only if there is
corroborating evidence. This posed special problems for molestation
cases in which the child victim was the only witness.
Female circumcision is reportedly a routine practice among Muslim
Malays. In November 2009 local online news portal Malaysiakini reported
that ``in Malaysia, female circumcision refers to the act of making a
small scratch or using a sharp penknife to nick the prepuce of the
vagina. It is usually performed on infants within a few months of
birth, by medical doctors or midwives.''
On December 4, 14-year-old Siti Maryam Mahmood married 23-year-old
Adbul Manan Othman at a Kuala Lumpur mosque as part of a 250-couple
mass wedding. The couple reportedly first married in July after
permission by a Sharia court. On December 6, Women's Minister Shahrizat
Abdul Jalil said the Government does not condone child marriages and
vowed to look into the matter. However, on December 8, Law Minister
Nazri Aziz said that Islam permits underage marriage and the Government
had no plan to ban it or review the laws. Minister in Charge of Islamic
Affairs Jamil Khir Baharom reportedly welcomed the marriage. The
minimum age of marriage for males is 18; Muslim girls below the age of
16 may marry with the approval of a Sharia court, but such marriages
were uncommon. Reportedly two girls, ages 10 and 11, were married to
older men in Kelantan State during the year.
Statutory rape occurred and was prosecuted. According to the MWFCD,
most victims were below 15 years of age. However, Islamic law
provisions that consider a Muslim girl an adult after her first
menstruation sometimes complicated prosecution of statutory rape. Such
a girl may be charged with khalwat, an offense under Sharia, even if
she is under the age of 18 and her partner is an adult. Sharia courts
sometimes were more lenient with males charged with khalwat, although
in many cases Muslim men were charged and punished for statutory rape
under civil law.
Child prostitution existed, but child prostitutes often were
treated as delinquents or illegal immigrants rather than victims.
Sabah had a problem of street children. Estimates ranged from a few
hundred to 15,000 children born in the country to illegal immigrant
parents, some of whom were deported. These children lacked citizenship
and access to government-provided support and often resorted to menial
labor, criminal activities, and prostitution to survive. Child
trafficking remained a problem.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/country/country--3781.html.

Anti-Semitism.--No reliable estimate of the country's Jewish
population was available, and there were no locally based Jewish
communities or synagogues. There were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--Neither the constitution nor other laws
explicitly prohibit discrimination based on physical or mental
disabilities, but the Government promoted public acceptance and
integration of persons with disabilities.
The Government did not discriminate against persons with
disabilities in employment, education, access to health care, or in the
provision of other state services. A public sector regulation reserves
1 percent of all public-sector jobs for persons with disabilities. The
Government did not mandate accessibility to transportation for persons
with disabilities, and few older public facilities were adapted for
such persons. New government buildings were generally outfitted with a
full range of facilities for persons with disabilities.
A code of practice serves as a guideline for all government
agencies, employers, employee associations, employees, and others to
place suitable persons with disabilities in private sector jobs.
Special education schools existed but were not sufficient to meet
the needs of the population with disabilities.
The Government undertook initiatives to promote public acceptance
of persons with disabilities, make public facilities more accessible to
such persons, and increase budgetary allotments for programs aimed at
aiding them. Recognizing that public transportation was not ``disabled-
friendly,'' the Government maintained its 50 percent reduction of the
excise duty on locally made cars and motorcycles adapted for persons
with disabilities. The Ministry of Human Resources was responsible for
safeguarding the rights of the disabled.
The 2008 Persons with Disabilities Act recognizes the rights of
persons with disabilities to enjoy the benefits of public transport,
housing, education, employment, and health care. However, there is no
penalty for those who do not comply with its provisions. For example,
there are by-laws to compel new buildings to provide access for persons
with disabilities but also loopholes that allow local authorities to
exempt compliance. Critics called the act a ``toothless tiger.''

National/Racial/Ethnic Minorities.--The law and government policy
provide for extensive preferential programs designed to boost the
economic position of ethnic Malays or bumiputera, who constitute a
majority of the population. Such programs limited opportunities for
non-bumiputera in higher education, government employment, business
permits and licenses, and ownership of land. Businesses were subject to
race-based requirements that limited employment and other economic
opportunities for non-bumiputera citizens. According to the Government,
these programs were necessary to ensure ethnic harmony and political
stability.
Despite the Government's stated goal of poverty alleviation, these
race-based policies were not subject to upper income limitations and
appeared to contribute to the widening economic disparity within the
bumiputera community. Ethnic Indian citizens, who did not receive such
privileges, remained among the country's poorest groups. Another goal
of this policy is for bumiputera to hold 30 percent of the nation's
wealth. According to several studies, the program reached or exceeded
this target; however, official government figures placed bumiputera
equity at 18.9 percent. The Government did not respond to public
requests to make its methodology available.
On March 30, the prime minister unveiled a New Economic Model, an
economic policy reform agenda that called for, among other things, the
restructuring of the country's system of bumiputera ethnic preferences
to reduce unequal treatment of different ethnicities by the Government.
The prime minister cited the reforms as a means to better target
subsidies and preferences to the poorest citizens, regardless of
ethnicity. Conservative bumiputera-rights groups raised strong
objections to any changes that could threaten ethnic preference
programs.
In April 2009 Prime Minister Najib announced that the Government
had lifted the 30 percent bumiputera equity requirement for 27 service
subsectors including health, social, tourism, business, and computer
services. Given the narrow scope of these subsectors, observers
considered the announcement a minor adjustment to the entrenched pro-
Malay economic policies.
During the year the PAS, a part of the opposition coalition,
endorsed the establishment of a PAS Supporters Congress, made up of
non-Muslims, as an official wing of the party. The PAS constitution
stipulates that only Muslims can become members; however,
representatives of the Supporters Congress will be allowed to sit in
the party's supreme council.

Indigenous People.--Indigenous people (the descendants of the
original inhabitants of the peninsular region of the country and the
Borneo states, such as the Penan) generally enjoyed the same
constitutional rights as the rest of the population. However, in
practice federal laws pertaining to indigenous people of the peninsular
region, known as the Orang Asli, vested considerable authority in the
non-Orang Asli minister for rural development to protect, control, and
otherwise decide issues concerning this group. As a result indigenous
people in peninsular Malaysia had very little ability to participate in
decisions that affected them. The Government did not effectively
protect indigenous persons' civil and political rights.
The Orang Asli, who numbered approximately 150,000, constituted the
poorest group in the country. According to the 10th Economic Plan
covering the years 2010-15, 50 percent of the 29,990 Orang Asli
households were living below the poverty line. Of these, about 5,700
households (19 percent) were considered to be ``hardcore poor.'' A
local NGO that focused on Orang Asli rights estimated that these
numbers underreported the numbers living in poverty because it
considered only Orang Asli living in established villages--not those
living deep in the rainforest. A government-sponsored national advisory
council monitored the development of Orang Asli, but only five of the
council's 17 members were Orang Asli. In addition, only one Orang Asli
held a management position in the Government's Department of Orang Asli
Affairs. Under its ninth economic plan covering the years 2006-10, the
Government allocated slightly more than RM377 million (approximately
$108 million) for development projects for the Orang Asli. These
focused on improving health, preschool education, infrastructure, and
economic activities. The plan included an additional RM100 million
($28.6 million) for development of lands inhabited by the Orang Asli
and another RM20 million ($5.7 million) to curb inflationary pressures.
The Department of Orang Asli Affairs reported that the dropout rate
among primary school children had improved from 30 percent to 20
percent since 2008. Moreover, the number of students who drop out
between primary and secondary school declined from 50 percent to 30
percent during the same timeframe. In 2008 approximately 600 Orang Asli
students went on to college or university.
Under the Aboriginal People's Act, Orang Asli were permitted to
live on designated land as tenants at-will, but they did not possess
land rights. Observers reported that over the years, the total area of
land reserved for Orang Asli had decreased, and some land previously
set aside as Orang Asli reserve was rezoned for development. Although
the Orang Asli were given the authority to reside on the land, these
rights were often undocumented. This led to confrontations between the
Orang Asli and logging companies. While the Government continued
development in these areas, the Orang Asli struggled for their land
rights. In 2008 the Government announced it would grant land ownership
rights of 125,000 acres of rural land currently belonging to state
governments to 20,000 Orang Asli households.
The uncertainty surrounding Orang Asli land ownership made them
vulnerable to exploitation. Logging companies continued to encroach on
land traditionally held by Orang Asli as well as indigenous groups in
the Borneo states. Indigenous people in Sabah and Sarawak continued to
protest encroachment by state and private logging and plantation
companies onto land that they considered theirs under native customary
rights.
Laws allowing condemnation and purchase of land do not require more
than perfunctory notifications in newspapers, to which indigenous
persons may have no access. In past years this deprived some indigenous
persons of their traditional lands with little or no legal recourse. In
recent years court decisions recognizing native customary title in land
have resulted in greater protections of the Orang Asli land rights. In
2007 the Federal Court, the country's highest court, found that native
customary titles are recognized in common law.
The 2007 petition filed by the Semalai, an Orang Asli group, to the
high court to review a Pahang State government-ordered eviction from an
area the Semalai claimed as their traditional land remained pending at
year's end. In 2007 a suit was filed against authorities who allegedly
tore down an Orang Asli church in Gua Musang. In July 2009 the high
court declared that the Orang Asli had the right to their land and to
practice the religion of their choice under the Federal Constitution.
The Government appealed the judgment, and the case remained pending at
year's end.
On March 17, an Orang Asli group staged a peaceful demonstration in
Putrajaya to protest against a proposed amendment to the National Land
Act. The Network of Orang Asli Villages founder, Tijah Yok Chopin, and
the Persatuan Orang Asli Malaysia president, Majid Suhut, handed over a
memorandum signed by 12,000 Orang Asli to Regional Development Minister
Shafie Apdal, claiming that the amendment ignored the fundamental
rights of the indigenous people. They also demanded that the Government
recognize their rights to ancestral lands.
In May members of the Temuan tribe won a 15-year court battle and
were awarded RM6.5 million ($2.1 million) in a landmark settlement with
highway authorities for forcibly taking their ancestral land for
development. The Temuan community filed a suit after authorities
forcibly acquired 38.5 acres of land in Selangor in 1995 to construct a
highway to Kuala Lumpur International Airport without paying
compensation. In 2002 the high court ruled that the Orang Asli enjoyed
native title rights and should be compensated. The Selangor State
government appealed the decision in 2005. In May the state government
withdrew the appeal after the opposition coalition took over Selangor.
On April 4, Minister of Rural and Regional Development Mohd Shafie
Apdal announced the allocation of RM570 million (approximately $182
million) for Orang Asli development and stated the Government never
neglected the Orang Asli community in implementing infrastructure and
economic development projects. Shafie said that 61 percent of the Orang
Asli settlements (534 villages) had basic amenities such as 24-hour
electricity supply, clean water supply, and land development projects
that enabled them to earn regular income.
On September 22, the Kuala Lumpur High Court awarded damages to the
Orang Asli tribes in Johor, ruling that government authorities had
trespassed on their land, unlawfully demolished their Christian chapel,
and failed to honor a 2001 pledge to list the site as customary native
land. Authorities had torn down the church in 2005 alleging that it was
built on state land.
The Penan, an indigenous community of Sarawak, used native
customary rights to establish land ownership and stewardship. Each
group of Penan maintained its own foraging area, which was passed down
from one generation to another. Customary native lands were not always
well demarcated. Indigenous rights groups alleged that Abdul Taib
Mahmud, the chief minister of Sarawak, leased Penan and other
indigenous groups' customary land to logging companies and land
developers in exchange for political favors and money. Local observers
claimed that logging companies harassed and sometimes threatened vocal
Penan leaders and land-rights activists. The Sarawak Penan Association
continued urging the state government to delineate the Penan's native
customary land boundaries, revoke timber licenses that overlapped their
land, stop issuing provisional leases for plantations, and halt all
logging and plantation development activities on their land. The Penan
tribe was among the poorest groups in the country and lived below the
poverty line.
In August 2009 hundreds of Penan armed with spears and blowpipes
set up blockades in the Borneo interior to protest against logging and
plantations on their ancestral land. In September 2009 the police tore
down the blockades and subsequently denied using any force in the
removal of the blockades. The Sarawak state government agreed to
several of the Penan's demands in an effort to end the protests and
blockades against logging operations. The state government recognized
the economic grievances of the Penan and pledged to provide farming
land, water, electricity, schools and medical facilities to those Penan
who had settled into villages, and to build houses for nomadic Penan
who wished to settle. The state also agreed to provide training,
financial and technical aid for Penan who wished to engage in rubber or
orchard farming, and to accelerate the birth certificate and identity-
card issuance rate for Penan.
A credible international NGO reported that workers from two logging
companies, including one owned by the chief minister's family,
regularly sexually abused Penan women and girls, resulting in several
pregnancies. In September 2009 Minister of Women, Family, and Community
Development Shahrizat Jalil confirmed that Penan girls had been raped
and molested by timber company workers. The minister announced that the
timber company was identified and police would take further action.
Subsequently, Deputy Commissioner of Police for Sarawak Hamza Taib said
no further action would be taken on three of the cases due to lack of
evidence, while the fourth was still pending as police had yet to
identify the victim or witnesses. On July 13, the women's minister
visited the Penan community and urged the police to take these cases
seriously.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Although there are no laws
that prohibit homosexual conduct, laws against sodomy and ``carnal
intercourse against the order of nature'' exist and were enforced
sporadically. Religious and cultural taboos against homosexual conduct
were widespread. For example, during the year a Health Ministry
official stated that homosexual activity and masturbation helped to
spread the H1N1 infection.
On December 21, a 32-year-old Muslim man acknowledged being gay in
a video posted on the YouTube Web site. In the video, entitled ``I'm
Gay, I'm OK,'' the individual encouraged other gay persons to be
confident in themselves. In six days, the video was viewed more than
140,000 times. The man received online death threats as a result of the
video and stated that he feared for his life. Perak Mufti Harussani
Zakaria condemned the video and said that the individual had ``derided
his own dignity and Islam in general.''

Other Societal Violence or Discrimination.--The Government's
response to HIV/AIDS was generally nondiscriminatory, although
stigmatization of AIDS sufferers was common. In 2008 the deputy prime
minister announced that the premarital courses required for Muslims by
the Federal Religious Council would include mandatory HIV screening.
Non-Muslims were encouraged to participate but it was not compulsory.
He attributed the need for this screening to the rising rate of HIV
infection among women. According to the health minister, there were
approximately 3,100 new cases during the year.
Section 7. Worker Rights

a. The Right of Association.--By law most workers have the right to
form and join trade unions, but the Trade Unions Act (TUA) and the
Industrial Relations Act (IRA) restrict this right. Other laws also may
restrict freedom of association. For example, the penal code requires
police permission for public gatherings of more than five persons.
Trade unions represented 8.9 percent of the labor force with a total
membership of 803,405 as of October, a decrease from 805,654 in 2009.
In December the Department of Statistics reported the working-age
population of individuals ages 15 to 64 years old was 11,569,400. As of
October there were 693 trade union organizations: 319 unions
represented the services industry; 57 represented the agriculture,
forestry and fishery industries; and 170 represented production
industries.
Those restricted by law from joining a union include public sector
workers categorized as ``confidential, managerial, and executive,'' as
well as defense and police officials. However, the 2007 amendments to
the IRA made it more difficult for workers to form unions because the
director general of trade unions and the minister of human resources
also have absolute authority to determine designations of workers'
status as ``confidential,'' ``managerial,'' or ``executive,'' leading
to possible systemic abuse by employers. In theory foreign workers can
join a trade union; however, the Immigration Department barred foreign
workers from holding trade union offices, and most foreign workers'
contracts banned them from joining a trade union.
The TUA prohibits interfering with, restraining, or coercing a
worker in the exercise of the right to form trade unions or
participation in lawful trade union activities. However, the act
restricts a union to representing workers in a ``particular
establishment, trade, occupation, or industry or within any similar
trades, occupations, or industries.'' In addition the director general
of trade unions has broad discretion to refuse to register a trade
union and to withdraw the registration of an existing trade union based
on provisions outlined in the act without being subject to judicial
review. When registration is refused, withdrawn, or canceled, a trade
union is considered an unlawful association; there were no reports of
any such actions during the year.
Malaysian Trade Union Congress (MTUC) officials continued to
express frustration about delays in the settlement of union recognition
disputes. While the IRA requires that an employer respond to a union's
request for recognition within 21 days of application, it was common
for such applications to be refused and unions to go unrecognized for
one to four years. If an employer does not respond to the union
application within 21 days, the union must submit a written appeal to
the director general of trade unions within 14 days. If the union fails
to submit the appeal within the stipulated period, the union
automatically is not recognized. The act denies the right of unions and
individuals to hold strikes protesting the lack of recognition of their
union.
Trade unions from different industries, except for those in the
electronics sector, may join in national congresses, but such
congresses must register separately as societies under the Societies
Act.
In the past, government policy inhibited the formation of national
unions in the electronics sector, the country's largest industry,
because it has ``pioneer status,'' which affords certain investment
incentives. The Government's rationale was that establishment of
national unions in the electronics sector would impede foreign direct
investment and negatively affect the country's international
competitiveness in the sector; government leaders stated that
enterprise-level unions were more appropriate for the electronics
industry. However, in May 2009, the Cabinet approved formation of
regional industrial unions for the electronics industry in peninsular
Malaysia.
Unions maintained independence from both the Government and
political parties, but individual union members may belong to political
parties. Although by law union officers may not hold principal offices
in political parties, individual trade union leaders have served in
Parliament. Trade unions were free to associate with national labor
congresses, which exercised many of the responsibilities of national
labor unions, although they cannot bargain on behalf of local unions.
Trade unions were permitted to affiliate with international trade
union organizations, such as global union federations and the
International Trade Union Confederation, subject to the approval of the
director general of trade unions.
Although private-sector strikes are legal, the right to strike is
severely restricted. Strikes or lockouts are prohibited while a dispute
is before the industrial court. The law contains a list of ``essential
services'' in which unions must give advance notice of any industrial
action. The IRA lists various types of employment under essential
services, including: banking services; electricity services; fire
services; port, dock, harbor, and airport services; postal services;
prison services; production, refining, storage, supply, and
distribution of fuel and lubricants; public health services, radio
communication services; telegraph, telephone, and telecommunication
services; transport services; water services; any service provided by
any of the following departments of government--chemistry, civil
aviation, customs and excise, immigration, marine, meteorology, and
printing; and services that are connected with, or related to, or which
assist towards the maintenance and functioning of the armed forces and
the RMP. The list includes sectors not normally deemed essential under
International Labor Organization definitions. MTUC officials said that
requirements imposed by the authorities were so stringent that it was
almost impossible to strike. According to MTUC officials, there were no
strikes during the year.
The IRA requires the parties to notify the Ministry of Human
Resources that a dispute exists before any industrial action may be
taken. The ministry's Industrial Relations Department may then become
involved actively in conciliation efforts. If conciliation fails to
achieve settlement, the minister has the power to refer the dispute to
the industrial court. The IRA prohibits employers from taking
retribution against a worker for participating in the lawful activities
of a trade union. However, in many cases, these provisions were not
effectively enforced. The IRA limits worker compensation for wrongful
termination to a maximum of two years from the time the employee was
laid off.

b. The Right to Organize and Bargain Collectively.--Workers, in the
private sector, have the legal right to organize and bargain
collectively, and collective bargaining was widespread in those sectors
where labor was organized. Employees in the public sector, however, do
not enjoy such a right.
There are two national labor organizations. The MTUC is a society
of trade unions in both the private and government sectors and is
registered under the Societies Act. As such, the MTUC does not have
collective bargaining or industrial action rights but provides
technical support for affiliated members. The other national
organization is the Congress of Unions of Employees in the Public and
Civil Services (CUEPACS), a federation of public employee unions
registered under the TUA.
CUEPACS included 127 distinct civil servant unions with
approximately 300,000 members out of one million civil servants,
represented by an estimated 160 unions. Teacher unions accounted for
140,000 of CUEPACS' 300,000 members. CUEPACS held talks with the
Government through three national joint councils (NJCs) that represent
three types of workers: managerial and professional, scientific and
technological, and general (all other types of workers, such as
clerical and support staff). The Government established the NJC system
to have NJCs serve as aggregating, intermediary negotiating bodies
between the Government and the various unions served by CUEPACS. NJC
members are elected from constituent unions. While an individual civil-
service union may approach the Government directly on narrow issues
that affect only that particular union or its members, broader issues
that affect the entire civil service flow up to CUEPACS and then to one
of the NJCs, depending on the type of civil servants involved.
CUEPACS sought a minimum wage for civil servants; however, by
year's end, despite government assertions that it was considering
establishing a minimum wage, there was no minimum wage for public or
private sector workers.
The Government limited collective bargaining agreements in
companies designated as having pioneer status. The MTUC continued to
object to legal restrictions on collective bargaining in pioneer
industries.
Charges of discrimination against employees engaged in organizing
union activities may be filed with the Ministry of Human Resources or
the industrial court. The industrial court was slow to adjudicate
worker complaints when conciliation efforts by the Ministry of Human
Resources failed.
The Government holds that issues of transfer, dismissal, and
reinstatement are internal management prerogatives; therefore, they are
excluded from collective bargaining.
There are no special laws or exemptions from regular labor laws in
export processing zones. Although the electronics sector's pioneer
status inhibits organizing, many companies had ``in-house unions'' seen
as a preferable alternative by management, which did not allow workers
in this sector to affiliate with national union umbrella bodies.

c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor; however, there were reports that
such practices occurred. Although the Malaysian Passport Act
criminalizes possession of someone else's passport ``without legal
authority,'' the existence of memorandums of understanding (MOUs) that
allow for employer retention of employee passports appear to provide
sufficient legal authority to satisfy this exception in the passport
law. The law therefore does not effectively prevent employers from
holding employees' passports, and it was common practice for employers
to do so thereby making employees more vulnerable to human trafficking
and forced labor. This practice effectively made some foreign workers
captives of the hiring company. Recruiting agents required fees that
sometimes made foreign workers vulnerable to debt bondage. Some
companies used debt bondage to force some foreign workers to accept
harsh working conditions, threatening imprisonment and deportation.
Indebted to their employers due to excessively high recruitment fees
and without their passports, workers were effectively forced to work
long hours, accept lower wages than promised, allow wage deductions,
and live in poor housing. Forced labor conditions reportedly occurred
in some palm oil and rubber plantations, factories manufacturing
computer components, garment production, restaurants, and in domestic
households.
Labor activists and human rights NGOs reported that debt bondage
was practiced in some plantations, where whole families of ethnic
Indians and migrant workers were placed into forced labor conditions.
Some of the estimated 300,000 foreign women employed as household
workers were subjected to physical abuse and forced to work under harsh
conditions, and some child household employees worked in conditions
amounting to forced labor. A number of domestic workers were not paid
or were paid below the agreed salary. Several of the abused women
reported their employers beat them, forced them to sleep on kitchen
floors, and fed them only the scraps from a meal.
Although Malaysia and Indonesia concluded a MOU in 2006 that, among
other things, called for domestic workers to be paid directly, receive
compensation for personal injury, and be given time off in lieu of
overtime, it remained a common practice for employers to deposit wages
with recruiting agencies as repayment for debts. In 2009 the two
countries began negotiating a new MOU that would address minimum
salaries, provide domestic workers with one day off per week, and
remove language allowing employers to confiscate worker passports. On
May 18, the countries recommitted to the process by signing a letter of
intent to amend the MOU, but at year's end, a new agreement was not
reached due to disagreements over which country would be responsible
for costs associated with travel, agents, and other related fees.
On September 19, police arrested a couple in Penang for allegedly
abusing their Indonesian maid. Win Faidaa, a 26-year-old woman from
East Java, claimed she was raped by her employer and beaten by her
employer's wife if she refused the husband's sexual advances. She
claimed the couple beat her with a belt, splashed her with hot water,
and burnt her with an iron. On September 22, local news service Bernama
reported that Indonesia's Labor and Transmigration Minister Muhaimin
Iskandar announced that prospective maids from Indonesia would be
banned from leaving for Malaysia until the Indonesian government could
ensure their safety; however, many continued to arrive unofficially.
In June 2009 a court charged Hau Yuan Tyung with three counts of
abusing her Indonesian maid, Siti Hajar. Tyung allegedly scalded Siti
Hajar with boiling water as well as tortured and starved her. On May
20, a sessions court in Kuala Lumpur found Hau guilty and sentenced her
to eight years in jail for causing grievous harm to Siti Hajar. The
judge also ordered Hau to pay RM5,000 ($1,600) in compensation to Siti
Hajar. Tyung appealed her conviction. The Kuala Lumpur High Court
scheduled January 25, 2011 to deliver its decision.
In September 2009 the Indonesian ambassador announced that the
embassy would only renew passports of domestic workers if employers
agree to pay a minimum monthly salary of RM500 ($145).
In October 2009 Mantik Hani, 26, an Indonesian woman working as a
maid in Selangor died from injuries sustained allegedly at the hands of
her employer, A. Murugan. Police found Hani in a locked bathroom in
Murugan's house. Her arms and legs were bound, she had bruises all over
her body, a broken back and wrist, and a serious wound to her right leg
that exposed bone. She appeared to have been locked in the bathroom for
two days without food. Police arrested and charged Murugan with murder.
In November 2009 he pled not guilty to the charges. On July 20, the
high court in Kuala Lumpur convicted him of murder and sentenced him to
death by hanging. Murugan's appeal of his conviction remained pending
at year's end.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment of children younger than age 14 but
permits some exceptions, such as light work in a family enterprise,
work in public entertainment, work performed for the Government in a
school or in training institutions, or work as an approved apprentice.
In no case may a child work more than six hours per day, more than six
days per week, or at night.
Most child laborers worked informally in palm-oil plantations and
the agricultural sector, helping their parents in the field; however,
only adult members of the family received a wage. Child labor in urban
areas often was found in family food businesses, night markets, and
small-scale industries. Government officials did not deny the existence
of child labor in family businesses but maintained that foreign workers
had largely replaced child labor and that child labor provisions were
vigorously enforced.

e. Acceptable Conditions of Work.--No national minimum wage
provision was in effect. Prevailing market wages generally provided a
decent standard of living for citizens, although not for all migrant
workers. Wage councils, established by a 1947 act to provide a
recommended minimum wage for sectors in which the market wage was
deemed insufficient, had little impact on wages in any sector.
According to MTUC officials, the wage councils had not met since 1996,
and their recommended wages have long been obsolete.
Plantation workers generally received production-related payments
or daily wages. Under a 2003 agreement, plantation workers received a
minimum wage of RM350 (approximately $115) per month. Proponents of the
agreement said that productivity incentives and bonuses raised the
prevailing wage to RM700 ($229).
Under the Employment Act, working hours may not exceed eight hours
per day or 48 hours per workweek of six days. Each workweek must
include a 24-hour rest period. The act also sets overtime rates and
mandates public holidays, annual leave, sick leave, and maternity
allowances. The Labor Department of the Ministry of Human Resources is
responsible for enforcing the standards, but a shortage of inspectors
precluded strict enforcement.
Foreign migrant laborers, legal and illegal, often worked under
difficult conditions, performed hazardous duties, had their pay
withheld by employers, and had no meaningful access to legal counsel in
cases of contract violations and abuse. The following was typical
example of exploitation and abuses of foreign migrant workers: a labor-
outsourcing company recruited foreign workers to work at a foreign-
owned electronics plants in the country. Each worker paid approximately
RM5,000 (approximately $1,600) and signed a contract guaranteeing work
for an extensive period of time (typically over 24 months) at a salary
of RM800 ($255) per month. Their passports were confiscated and they
were taken to a dormitory near the plant. They worked at a plant for
about one-third of the contractual period, earning the agreed upon
salary. However, when work at the plant slowed, several workers were
returned to the outsourcing company, which then sent them to work
elsewhere, e.g. in restaurants, a glove factory, a poultry farm, a
frozen fruit plant--all in contradiction to their contracts. During
this time the employers withheld their pay.
Foreign workers, particularly if they were illegal aliens,
generally did not have access to the system of labor adjudication.
However, the Government investigated complaints of abuses, attempted to
inform workers of their rights, encouraged workers to come forward with
their complaints, and warned employers to end abuses. Like other
employers, labor contractors may be prosecuted for violating the law.
According to the results of a survey conducted during the year by the
Federation of Malaysian Manufacturers, the average monthly wage of
foreign workers engaged in the manufacturing sector was RM581
(approximately $185). Migrant workers may bring employment disputes to
industrial court. However, this mechanism was seldom used. It is time
consuming and, once their work visa terminated, migrants require
``special passes'' to stay in the country. These passes are valid for
one month and cost RM100 ($32) to renew. Renewal is subject to the
discretion of the director general of immigration. Migrants holding
special passes were not allowed to work.
The Workmen's Compensation Act covers both local and foreign
workers but provides no protection for foreign household workers.
According to the Government, foreign household workers are protected
under the Employment Act with regard to wages and contract termination.
However, these workers are excluded from provisions of the act that
would otherwise ensure that they received one rest day per week, an
eight-hour workday, and a 48-hour workweek.
Employers sometimes failed to honor the terms of employment and
abused their household workers. Household workers must be ages 25 to 45
for admission into the country, according to Immigration Department
officials. They were not allowed to bring family members into the
country while employed. The terms of the contract for Indonesian
domestic workers, who made up approximately 90 percent of all foreign
household workers, were often vague and open to abuse. The typical
contract provided for a monthly salary of RM450 to 600 ($143 to 191)
but did not specify the number of working hours per day. NGOs reported
that many Indonesian household workers were required to work 14 to 18
hours a day, seven days a week. The contract for Filipina household
workers included more comprehensive protections, but both groups
suffered from a lack of education concerning their legal rights.
Some workers alleged that their employers subjected them to inhuman
living conditions, withheld their salaries, confiscated their travel
documents, and physically assaulted them.
Workers have the right to take legal action against abusive
employers. According to NGOs the courts generally sided with employees
and ruled that employers must pay all back salary and compensate
plaintiffs for injuries, but long delays in court proceedings and
rulings often precluded aggrieved foreign workers from seeking redress
through the court system.
Mechanisms for monitoring workplace conditions were inadequate.
Private, for-profit labor agencies, themselves often guilty of abuses,
were often responsible for the resolution of abuse cases. Bilateral
labor agreements with Indonesia do not provide adequate protections for
household workers.
The Occupational Safety and Health Act covers all sectors of the
economy except the maritime sector and the armed forces. The act
established a national Occupational Safety and Health Council, composed
of workers, employers, and government representatives, to set policy
and coordinate occupational safety and health measures. It requires
employers to identify risks and take precautions, including providing
safety training to workers, and compels companies that have more than
40 workers to establish joint management-employee safety committees.
The act requires workers to use safety equipment and cooperate with
employers to create a safe, healthy workplace. Employers or employees
who violate the act are subject to substantial fines or imprisonment
for up to five years, although the MTUC complained that some employers
flouted the rules with impunity. There are no specific statutory or
regulatory provisions that provide a right for workers to remove
themselves from dangerous workplace conditions without arbitrary
dismissal.
On March 22, six Filipino workers died after inhaling carbon
monoxide gas while cleaning a tank at a water treatment plant in Kota
Kinabalu, Sabah. The incident occurred when two of the workers entered
the filtering tank and switched on a pump to remove the remaining water
inside. When they failed to emerge four hours later, four of their
colleagues went to check on them and discovered them unconscious inside
the tank. The four workers then went one-by-one into the tank to rescue
them but were overcome by the gas and died.
On August 16, Karna Bahabar Gharti Magar, a Nepalese worker, died
inside JCY SDB BHD Company, a producer of computer parts in Johor Baru.
It was alleged that he fell ill and requested treatment that was
initially denied by company. In response to his death, 5,000 foreign
workers protested for three days until employers and outsourcing
companies agreed to provide compensation of RM10,000 ($3,225) to
Gharti's family. The company also agreed to provide a minimum salary of
RM546 ($175) per month along with an ambulance service for emergency
cases and prompt treatment for all workers at a clinic on the factory
premises. The Ministry of Human Resources was reportedly investigating
the circumstances of Gharti's death.

__________

MARSHALL ISLANDS

The Republic of the Marshall Islands is a constitutional republic
with a population of approximately 52,000. In 2007 voters elected the
Nitijela (parliament) in generally free and fair multiparty elections.
In October 2009 a vote of no confidence in the Nitijela removed Litokwa
Tomeing from presidential power, and the Nitijela elected its speaker,
Jurelang Zedkaia, as president. Security forces reported to civilian
authorities.
Human rights problems during the year included poor prison
conditions, government corruption, violence against women, child abuse,
and lack of worker protections.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices; however, in
August, after a police officer was injured during a fight among
prisoners at the Majuro prison, police chained four prisoners to the
outdoor staircase of the firehouse next to the police station for five
days. The prisoners were forced to wear clothing normally worn by
firefighters. They were obliged to sleep on the stairs and were
released only to use the bathroom facilities. Police released the
prisoners from the staircase after the attorney general ordered them to
do so. At year's end no disciplinary action had been taken against the
officers involved.

Prison and Detention Center Conditions.--Prison conditions did not
meet international standards. Lighting, ventilation, and sanitation
were inadequate, and there was no program to ensure regular access to
outside activity. Security was poor.
During the year police authorities on Ebeye Island concluded their
investigation into the 2007 death of a prisoner at a temporary holding
facility on the island. The authorities concluded that police were not
at fault in the death. However, the case continued to be controversial,
as some citizens expressed concern that the investigation was allegedly
carried out by the same officers involved in the original arrest of the
deceased for public drunkenness.
According to a Ministry of Justice official, as of December the
country's only national prison, on Majuro Atoll, held 43 inmates--all
male adults. Of these, 39 were convicted prisoners, and four were
awaiting trial.
There were no specialized prison facilities for female prisoners,
including juveniles; they generally were held under house arrest,
although some female offenders were held temporarily in a separate
police substation until released to house arrest. Some male juveniles
were held temporarily with the general prison population until released
to their parents. Pretrial detainees were not separated from the
general prison population.
Prisoners had reasonable access to visitors and were permitted
religious observance. They were permitted to submit complaints about
their treatment without censorship and request investigation of
credible allegations of inhumane conditions. The Office of the Attorney
General investigated the only reported case of abuse during the year
and an official response was published in the only national newspaper.
The Government permits prison visits by independent human rights
observers, but there were no requests for such visits during the year.
The country does not have an ombudsman; however, the public
defender has authority to serve on behalf of prisoners and detainees
and advocates for their appropriate and timely release. Due to the
small size of the country and the small prison population, inmates
generally were known to the courts, and judges regularly reviewed
pending cases.
During the year work began on renovations to the Majuro prison. In
2009 prisoners had destroyed newly renovated space at the facility.
Improvements during the year increased the security of the ceiling and
strengthened the walls of the prison but did not improve the sanitary
facilities.

d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the police force, and the Government
has effective mechanisms to investigate and punish abuse and
corruption. There was one report of impunity involving police during
the year concerning a deliberate delay in the response to a domestic
violence case, which ended with the woman being stabbed to death
allegedly by her husband. No disciplinary action was taken against the
officers involved.

Arrest Procedures and Treatment While in Detention.--Under the
constitution a warrant issued by a court is required for an arrest if
there is adequate time to obtain one. The courts have interpreted this
to exempt situations such as a breach of the peace or a felony in
progress. The law provides detainees the right to a prompt judicial
determination regarding the legality of the detention. Authorities
generally respected this right and informed detainees promptly of the
charges against them. There was a functioning system of bail, and
detainees may request bond immediately upon arrest for minor offenses.
Most serious offenses require the detainee to remain in jail until a
hearing can be arranged, normally the morning after arrest. Detainees
were allowed access to a lawyer of their choice and, if indigent, to
one provided by the state. Families had access to detainees.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice, although there were reports of government
officials using their positions to protect family members from
prosecution for alleged wrongdoing. Two senior government officials
convicted of drunk driving and hitting pedestrians with their cars
received only home detention for 60 days, rather than the prison
sentences normally imposed for such offenses. Multiple reports alleged
that many crimes reported to police were not investigated or
prosecuted.

Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
Defendants may choose either a bench trial or a four-member jury
trial. Defendants normally opted for jury trials, which had a higher
rate of acquittals. Defendants enjoy a presumption of innocence and
have the right to counsel. An attorney is provided at public expense
for indigent defendants facing serious criminal charges. Defendants may
question witnesses, examine government-held evidence, and appeal
convictions. The constitution extends these rights to all citizens.
Noncitizen defendants also enjoy these rights, except that the services
of the public defender are provided only to citizens.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is no separate
judiciary in civil matters, but there are administrative remedies for
alleged wrongs, including human rights abuses, as well as judicial
remedies within the general court system.

Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail. For most
citizens, however, Internet access was limited by small bandwidth, slow
connections, and high prices. The International Telecommunication Union
reported that approximately 3 percent of the country's inhabitants used
the Internet in 2009.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The need did not arise during the year for government
cooperation with the Office of the UN High Commissioner for Refugees or
other humanitarian organizations in providing protection and assistance
to internally displaced persons, refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern.
The law does not prohibit forced exile, but the Government did not
employ it.

Elections and Political Participation.--Executive power is
centralized in the president and his cabinet. The legislature consists
of the Nitijela and a council of chiefs (Iroij), the latter of which
serves a largely consultative function dealing with custom and
traditional practices.
In October 2009 the legislature elected Jurelang Zedkaia as
president after a no-confidence vote removed President Litokwa Tomeing
from power.
The most recent elections for the Nitijela were held in 2007. Some
ballot boxes were recounted on the initiative of the chief electoral
officer, which caused accusations of impropriety and assertions that
the boxes should have been reopened only with a court order. A team of
independent election observers from the Pacific Islands Forum stated in
its initial report that the election, while poorly managed, was
conducted in a democratic manner, enabling voters to exercise their
will freely. A February 2008 report by a government-appointed
independent commission of inquiry placed the blame for the marred
election on interference in civil service hiring procedures by the then
minister of internal affairs, which led to unqualified individuals
managing the election process. By year's end the National Electoral
Commission completed the registration process for the scheduled 2011
national election, under which all persons desiring to vote in the
election were required to register by district and atoll. This national
registration was conducted to resolve some of the reported problems in
the previous election.
Individuals and parties can freely declare their candidacy and
stand for election. There are no restrictions on the formation of
political parties, although many candidates preferred to run
independently or loosely aligned with informal coalitions.
There are no legal impediments to women's participation in
government and politics; however, traditional attitudes of male
dominance, women's cultural responsibilities and traditionally passive
roles, and the generally early age of pregnancies made it difficult for
women to obtain political qualifications or experience. There was one
woman in the 33-member Nitijela, who served as minister of health, and
four women in the 12-seat House of Iroij. Since the country's founding
there has always been a woman in the Nitijela, but never more than one.
There were a number of women in prominent appointed government
positions, including those of secretary of education, minister and
secretary of health, secretary of foreign affairs, director of the
Social Security Administration, banking commissioner, and director of
the Environmental Protection Agency.
There were no members of minorities in the legislature.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
officials sometimes engaged in corrupt practices with impunity. In
October independent auditors reported that they had identified 11
problem areas in the country's 2009 financial statements, an increase
from the eight areas identified in 2008.The auditors gave a qualified
opinion on internal controls and compliance, noting deficiencies and
material weaknesses in fiscal controls.
Public officials are not subject to financial disclosure laws. The
Attorney General's Office is responsible for investigating cases of
alleged corruption. In December the attorney general filed criminal
cases alleging corruption regarding government procurement practices at
the Ministry of Finance and Ministry of Health, respectively; the cases
were pending at year's end.
No high-level elected official has ever been indicted for
corruption. Voters tend to look to representatives for financial
assistance, which pressured elected officials to use government
authority to provide patronage to extended family members and
supporters. In October Nitijela Speaker Alvin Jacklick asked his
colleagues to eliminate the total of $16,000 (the U.S. dollar is the
national currency) members receive annually as a ``representational
allowance.'' The members rejected this proposal and, instead, raised
the allowance to $20,000. There were also frequent allegations of
nepotism in government hiring, especially for teachers, where studies
found serious discrepancies between teacher pay and qualifications.
Officials also have used their positions to protect family members from
prosecution for alleged wrongdoing.
The law does not provide specifically for public access to
government information. Although there is no specific statutory basis
for denying such information, the Government held that the burden for
overcoming a denial of access rests with the public. In most cases, in
order to receive the information, a document must be filed with the
court showing the reason the information is required.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Human rights groups generally operated without government
restriction, but few local groups existed. The Government was not
always responsive to the concerns of nongovernmental organizations
(NGOs).
There were no international human rights NGOs represented in the
country. The Government permitted visits by UN representatives and
other international organizations, but there were none during the year.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination on the basis of sex,
race, color, language, national or social origin, place of birth, and
family status or descent, and the Government generally observed these
provisions.

Women.--The law criminalizes rape, including spousal rape, and the
Government generally enforced the law when incidents were reported to
officials. The law establishes penalties of up to 25 years'
imprisonment for first-degree sexual assault. However, most observers
believed that few sexual offenses were prosecuted, since cultural
constraints discouraged victims from reporting such crimes to the
police. The courts have promulgated rules designed to protect women
filing rape charges during court testimony. According to the Public
Defender's Office, one rape case from Arno Atoll was pending at year's
end; the alleged offender was held in the Majuro prison awaiting trial.
The law prohibits domestic violence, and the Government generally
enforced the law when incidents were reported to officials. The law
establishes penalties for domestic abuse in the same category as
assault and battery. Spousal abuse was common; most assaults occurred
while the assailant was under the influence of alcohol. According to a
government survey published in the Marshall Islands Journal in October
2009, more than 70 percent of female spouses had been abused during an
unspecified time period. Violence against women outside the family also
occurred, and women in urban centers risked assault if they went out
alone after dark.
Police generally responded to reports of rape and domestic assault,
and the Government's health office provided counseling in reported
spousal and child abuse cases.
Women's groups under the NGO Women United Together in the Marshall
Islands (WUTMI) continued to publicize women's issues and promote
greater awareness of women's rights. On August 25, following the August
14 killing of a college teacher allegedly by her husband, WUTMI led a
march to the courthouse in Majuro to protest domestic violence and ask
the Government to strengthen legal penalties for domestic violence
offenses. Police charged the deceased's husband in her death; he
remained in detention awaiting trial as of year's end. An off-duty
police officer was outside the teacher's house when the killing
occurred and reported to his on-duty colleagues that he heard screams;
however, he called them off when the screaming stopped. Following this
incident the Government began training for police on how to respond
properly to reports of domestic violence.
Sexual harassment is not prohibited by law but did not appear to be
a widespread problem.
Couples and individuals have the right to decide the number,
spacing, and timing of children and the information and means to do so
free from discrimination. Access to information on contraception, and
to prenatal care, skilled attendance at delivery, and postpartum care
were widely available on Majuro and Kwajalein Atolls; however, on
remote atolls, often only small infirmaries with minimally trained
attendants were available. Women and men were given equal access to
diagnostic services and treatment for sexually transmitted infections,
including HIV. The Ministry of Health provided free contraceptives,
with particular emphasis on reducing the high rate of teenage
pregnancy. According to indicators published by the Population Research
Bureau, an estimated 45 percent of married women ages 15-49 used some
form of contraception. Maternal mortality was approximately 0.1 to 0.2
percent (one reported maternal death in 2009 and two in 2010, with
approximately 1,200 births per year in the country), although maternal
deaths in the outer islands may have been underreported. A large number
of premature babies were born to young teenage mothers, with a
resulting high number of babies born with physical and mental
deficiencies.
Women generally enjoy the same rights as men under family law and
in the judicial system. Only women may own land. The inheritance of
property and traditional rank is matrilineal, with women occupying
important positions in the traditional system, although control of
property often was delegated to male family members on behalf of female
landowners. Tribal chiefs are the traditional authorities in the
country; customarily, a chief is the husband or eldest son of the
female landowner. The traditional authority exercised by women has
declined with growing urbanization and movement of the population away
from traditional lands. While female workers were prevalent in the
private sector, many were in low-paying jobs with little prospect for
advancement. Men and women had pay equity for all government positions
involving similar work.

Children.--Citizenship is derived through one's parents. Children
born within the country to foreign parents do not acquire citizenship
at birth, but may apply for citizenship upon turning 18 years old.
Education was universal and compulsory to age 18, and the national
government did not charge tuition fees, but it was estimated that up to
20 percent of children did not attend elementary school on a regular
basis. In many cases this was because they lived too far away from a
school or their families could not afford the annual registration fee,
which varied by school but averaged approximately $10, or incidental
expenses. The lack of school lunch programs in public schools was cited
as another factor that contributed to absenteeism and poor performance.
Child abuse and neglect are criminal offenses, but public awareness
of children's rights remained low, and child abuse and neglect were
considered increasingly common. Convictions for violations are
punishable by up to 25 years in prison, depending on the degree of the
offense. The law requires teachers, caregivers, and other persons to
report instances of child abuse and exempts them from civil or criminal
liability as a consequence of making such a report. Nonetheless, there
were no reports or prosecutions during the year.
The minimum age for consensual sex is 16. The country's statutory
rape law provides penalties of up to 25 years' imprisonment for
violators. No laws address child pornography.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction.

Anti-Semitism.--There were few Jewish persons in the country, and
there were no reports of anti-Semitic acts.

Trafficking in Persons.--In 2009 there were no confirmed reports
that persons were trafficked to, from, or within the country.

Persons With Disabilities.--The constitution states that no person
may be treated in a discriminatory manner under law or by public
officials, but it does not include disability in its listing of
specific prohibited grounds of discrimination. In practice persons with
physical, sensory, intellectual, and mental disabilities faced
difficulties in obtaining employment and accessing health care and
other state services. There were no laws or policies designed to ensure
access for individuals with disabilities to buildings, public
transport, education, communications, or information. There were no
building codes, and in practice most buildings were not accessible to
persons with disabilities. Hospitals and two major grocery stores had
ramps for persons with disabilities.
The Government provided minimal support for persons with mental
disabilities.
There were no psychiatric facilities in the country. Persons whom
the police deemed as exhibiting psychotic behavior were held with the
general prison population and visited by a doctor. When prison
officials protested the disruptions caused by this practice, other
arrangements, such as house arrest, were made.
There is no government agency specifically charged with protecting
the rights of persons with disabilities in general. The Ministry of
Health is charged with treating mental and physical disabilities, and
the Ministry of Education is responsible for supporting special
education for children with disabilities. In practice there were no
special education classes for children with disabilities, except for a
small foreign-funded class providing three months of instruction for
the hearing impaired at Ebeye on Kwajalein Atoll. The attorney general
is responsible for handling court cases involving complaints of
discrimination against persons with disabilities, but no such cases
were brought during the year. Authorities declared November 21-27 as
``Disability Week,'' and a large event was held on a field across from
the capitol to spread awareness of the rights and concerns of persons
with disabilities.

National/Racial/Ethnic Minorities.--As in some previous years, the
authorities appeared to enforce selectively immigration laws against
migrants from the People's Republic of China. In December a Chinese
national was arrested on arrival at the airport allegedly for outbursts
made against immigration officials. The individual was charged with
obstructing an immigration officer in the execution of his duty. No
other persons were arrested or prosecuted on similar charges.
Some ethnic Chinese reported being threatened or attacked based on
their race and receiving regular racial slurs. The local press reported
that attacks on Chinese sailors by youth gangs were common. In July
2009 a gang of local men assaulted a Chinese ship captain in Majuro,
but by year's end the perpetrators had not been identified, and no
arrests were made. Other ethnic Chinese stated that taxi drivers
commonly refused to stop for Chinese passengers, although most taxis
were owned by Chinese businessmen.
A law requires that employers who hire foreign workers make
monetary contributions into a fund that provides job training for
citizens. While many considered the law discriminatory against foreign
workers, employers were willing to pay the fee in order to hire
technically skilled labor, which was not widely available in the
country.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There is no law criminalizing
homosexual conduct, and there were no reports of societal violence
based on sexual orientation or gender identity. There were no reports
of official or societal discrimination based on sexual orientation in
employment, housing, statelessness, or access to education or health
care.

Other Societal Violence or Discrimination.--There were no accounts
of societal violence based on HIV/AIDS infection. There was some
cultural stigma attached to HIV infection, and NGOs and the Government
conducted campaigns to provide HIV/AIDS education and encourage testing
for the disease.
Section 7. Worker Rights

a. The Right of Association.--The law provides for the right of
free association in general, and the Government interpreted this right
as allowing the existence of labor unions. With a small number of major
employers, there were few opportunities for workers to unionize, and
the country has a limited history and culture of organized labor. Of
the total workforce of approximately 18,500 persons, an estimated 57
percent worked in the public sector, 21.5 percent in subsistence
agriculture, and only 21.5 percent in private industry. In January 2009
public school teachers formed the country's first labor union.
Approximately 10 percent of the country's teachers were union members;
however, the unwillingness of some teachers to pay union dues reduced
the union's membership during the year. The approximately 110-member
union did not engage in negotiation or collective bargaining during the
year, but there were no reports of government restrictions on its
activities.
The law does not provide for the right to strike, and the
Government has not addressed this issue.

b. The Right to Organize and Bargain Collectively.--There is no
legislation concerning collective bargaining or trade union
organization. Wages in the cash economy were determined by market
factors in accordance with the minimum wage and other laws.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits involuntary servitude, and there were no reports of its
practice among citizens. Officials suspected that some forced or
compulsory labor existed among the irregular immigrant Chinese
population. The law does not specifically prohibit forced and
compulsory labor by children; however, there were no reports that such
practices occurred.

d. Prohibition of Child Labor and Minimum Age for Employment.--
There is no law or regulation setting a minimum age for employment of
children. Children typically were not employed in the wage economy, but
it was common for children to assist their families in fishing,
agriculture, retailing, and other small-scale enterprises. This was
particularly true in the subsistence economies of the more remote
atolls.

e. Acceptable Conditions of Work.--The law establishes a minimum
wage of $2.00 per hour for both government and private-sector
employees. The national minimum wage did not provide a decent standard
of living for a worker and family. However, in the subsistence economy,
extended families were expected to help less fortunate members, and
there often were several wage earners to support each family. The
Ministry of Resources and Development adequately enforced the minimum
wage regulations. Foreign employees and local trainees of private
employers who had invested in or established a business in the country
were exempt from minimum wage requirements. This exemption did not
affect a significant segment of the workforce. Most foreign workers--
who constituted approximately 30 percent of the workforce (excluding
agroforestry) and most of the professional and technical classes in the
country--earned considerably more than the minimum wage; their earnings
were estimated to be at least 50 percent higher on average than those
of local workers.
The Office of the Chief of Labor within the Ministry of Foreign
Affairs has the authority to make recommendations to the Nitijela on
working conditions, such as the minimum wage, legal working hours and
overtime payments, and occupational health and safety standards.
However, there have been no such actions by the Office of Chief of
Labor during the past four years, and the minimum wage has remained the
same for over a decade. There is no legislation concerning maximum
hours of work or occupational safety and health. On Sunday most
businesses were closed, and persons generally refrained from working.
No legislation specifically gives workers the right to remove
themselves from situations that endanger their health or safety without
jeopardy to their continued employment, and no legislation protects
workers who file complaints about such conditions. The law applies to
foreign workers in the same manner as citizens. The Office of the Chief
of Labor did not conduct any inspections of workplace health and safety
conditions during the year.

__________

MICRONESIA, FEDERATED STATES OF

The Federated States of Micronesia is a constitutional republic
composed of four states: Chuuk, Kosrae, Pohnpei, and Yap. Its
population was approximately 103,000. Individual states enjoyed
significant autonomy and traditional leaders retained considerable
influence in Pohnpei and Yap. The elected unicameral Congress selects
the president from among its four at-large members. In 2007 Congress
chose Emanuel Mori as president. There were no formal political
parties. The most recent elections for Congress, held in March 2009,
were considered generally free and fair, despite technical problems and
some allegations of fraud in Chuuk. Security forces reported to
civilian authorities.
Reported human rights problems included judicial delays, government
corruption, discrimination against women, domestic violence, and child
neglect.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices, and unlike in
the previous year, there were no reports that government officials
employed them.

Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards.
The Government permits prison visits by independent human rights
observers, but none occurred during the year.
At year's end the country's four states had approximately100
inmates held in facilities with a total capacity of 150 prisoners.
Pohnpei held 18 persons, including one woman and one pretrial detainee;
Yap held 19 persons, including one woman, five pretrial detainees, and
five prisoners on work-release programs; Kosrae held 16 persons (all
male), including one pretrial detainee and one mentally ill person; and
Chuuk held 47 persons. No further information was available on those
held in Chuuk. Pretrial detainees usually were held together with
convicted prisoners.
There were no designated juvenile detention facilities, so the
states seldom incarcerated juvenile offenders. Such crimes were usually
resolved in the traditional, mediation-based manner between the
families of the perpetrator and the victim. No juveniles were
incarcerated as of year's end.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. Authorities permitted prisoners and
detainees to submit complaints to judicial authorities without
censorship and to request investigation of credible allegations of
inhumane conditions, but authorities rarely investigated such
allegations. The Government has the obligation to investigate and
monitor prison and detention center conditions, but no information was
publicly available as to whether it did so during the year. There is no
ombudsman to serve on behalf of prisoners and detainees to consider
such matters as alternatives to incarceration for nonviolent offenders
to alleviate any overcrowding; addressing the status and circumstances
of confinement of juvenile offenders; and improving pretrial detention,
bail, and recordkeeping procedures to ensure prisoners do not serve
beyond the maximum sentence for the charged offense.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the national, state, and local police
forces, and the Government has effective mechanisms to investigate and
punish abuse and corruption. Law enforcement agencies in Chuuk remained
staffed with friends and relatives of powerful individuals, and the
public defenders in Chuuk and Yap States relayed some anecdotal reports
of police abuse, but no cases were investigated or charged during the
year.

Arrest Procedures and Treatment While in Detention.--Warrants are
required for arrests, and detainees were promptly advised of the
charges against them. Detainees must be brought before a judge for a
hearing within 24 hours of arrest, and this requirement was generally
observed in practice. Most arrested persons were released on bail.
Detainees had prompt access to family members and lawyers. However, the
Public Defender's Office was underfunded, and not all detainees who
requested its assistance received adequate legal assistance in
practice.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.
The formal legal system coexists with traditional, mediation-based
mechanisms for resolving disputes and dealing with offenders at the
local level. As a result, few cases reach the trial stage. Except in
major criminal cases such as murder or rape, if a perpetrator
apologizes, the families involved can determine an appropriate
punishment.

Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right. Trials are
public, although juveniles are allowed closed hearings. Judges conduct
trials and render verdicts; there are no juries. Defendants enjoy a
presumption of innocence and have the right to counsel, to question
witnesses, to access government-held evidence, and to appeal
convictions. The law extends these rights to all citizens. Despite
these provisions, cultural resistance to litigation and incarceration
as methods of maintaining public order allowed some persons to act with
impunity. Serious cases of sexual and other assault and even murder did
not go to trial, and suspects routinely were released indefinitely.
Bail, even for major crimes, usually was set at low levels.
There is a national public defender system with an office in each
state. However, the system was underfunded, and not all defendants
received adequate legal assistance in practice. The national public
defender reported no case backlog during the year, but the state public
defender's offices had a backlog of cases not only because of the lack
of staff, but also, in Chuuk, because of a lack of sufficient judges to
hear the cases. The National Court also lacked sufficient funding and
staffing to adequately uphold standards. One member of the bar was a
convicted felon who represented persons in court. The National Bar
Association lacked a standard procedure for disbarment.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. The Supreme Court is
responsible for hearing lawsuits seeking damages for, or cessation of,
human rights violations.

a. Freedom of Speech and Press.--The constitution provides for
freedom of expression but does not refer specifically to speech or the
press; however, the Government generally respected these rights in
practice.
Individuals could criticize the Government publicly or privately
without reprisal. The number of independent media outlets remained
small, however, and there was a lack of consistently reliable access to
broadcast media.

Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail. Cost and
lack of infrastructure limited public Internet access on the outlying
islands in each state. On the four principal islands, infrastructure
was adequate, but cost still limited access. However, each state
telecommunications office had Internet work stations available to the
public 24 hours a day for reasonable hourly fees. The International
Telecommunication Union reported that approximately 16 percent of the
country's inhabitants used the Internet in 2009.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country. Foreign travel, emigration, and
repatriation are addressed in other areas of the law. In practice none
of these rights were restricted. The need did not arise during the year
for government cooperation with the Office of the UN High Commissioner
for Refugees and other humanitarian organizations in providing
protection and assistance to internally displaced persons, refugees,
returning refugees, asylum seekers, stateless persons, and other
persons of concern.
The law does not explicitly prohibit forced exile; however,
statutes that prescribe punishments for crimes do not provide for the
imposition of exile, and the Government did not employ it.

Protection of Refugees.--The country is not a party to the 1951
Convention relating to the Status of Refugees or the 1967 Protocol
relating to the Status of Refugees, and the Government has not
established a system for providing protection to refugees. There were
no formal requests for refugee status or asylum during the year, and
there were no reports of expulsion or return of refugees to countries
where their lives or freedom would be threatened on account of their
race, religion, nationality, membership in a particular social group,
or political opinion.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--The 14-member Congress
comprises 10 members elected by district and four at-large members, one
from each state. The last national congressional elections, held in
March 2009, were generally free and fair. In statewide elections in
Chuuk in March 2009, there were allegations of polling fraud.
International election monitoring and review concluded that Chuuk
experienced some procedural irregularities, but the outcome was not
significantly altered.
State governors, state legislators, and municipal governments are
elected by direct popular vote. There are no restrictions on the
formation of political groups; however, there were no significant
efforts to form organized political parties, and none existed.
Candidates generally sought political support from family and allied
clan groupings, religious groups, and expatriate citizen communities.
Cultural factors in the male-dominated society limited women's
representation in government and politics. Women were well represented
in the middle and lower ranks of government at both the federal and
state level but were scarcer in the upper ranks. A woman held the
cabinet-level position of secretary of health services, and there was
one female justice on the Pohnpei State Supreme Court. No women ran for
national office in the 2009 elections. There was one elected woman
serving in a governing body, a member of the Pohnpei State legislature.
There were no women in the other state legislatures or in the national
legislature.
The country is a multicultural federation, and both the legislature
and the Government included persons from various cultural backgrounds.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government sometimes implemented these laws effectively; however,
officials sometimes engaged in corrupt practices with impunity.
Government corruption was a serious problem, particularly in Chuuk
State.
Public officials were not subject to financial disclosure laws. The
Office of the Attorney General has primary responsibility for combating
government corruption. However, the national attorney general,
appointed in 2007, remained suspended from practice before the bar due
to allegations of improper practices prior to assuming the position of
attorney general. (His suspension dated from 1999.)
There is no national law providing for public access to government
information. The speaker of Congress can declare any congressional
documents confidential. State laws and practices varied. Legislative
hearings and deliberations generally were open to the public. In
Pohnpei the state legislature's proceedings were televised, and in Yap
they were broadcast on FM radio. Information from other branches of
government also was accessible; however, retrieval sometimes was
delayed by the loss or mishandling of records and the need for lower
level administrative personnel to verify that release was permissible.
There were no reported cases of government denial of access to media,
but there were only a small number of media outlets, and their
reporting resources were limited.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Although there are no official restrictions, no local groups
concerned themselves exclusively with human rights. Several groups
addressed problems concerning the rights of women and children, and the
Government cooperated with these groups.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law provide explicit protection against
discrimination based on race, sex, or language, but societal
discrimination against women remained a problem.

Women.--Sexual assault, including rape, is a crime. There is no
specific law against spousal rape. Sexual assault involving a dangerous
weapon or serious physical or psychological harm to the victim is
punishable by up to nine years' imprisonment in Chuuk and 10 years'
imprisonment in the other three states, and/or a fine of up to $20,000
(the U.S. dollar is the national currency) in Kosrae and $10,000 in the
other states. If neither a dangerous weapon nor serious harm is
involved, the assault is punishable in all states by up to five years'
imprisonment or a fine. Such crimes were underreported, however, due to
social stigma, and few cases were prosecuted. The curriculum at the
police academy included programs to train police officers to recognize
the problem. According to police and women's groups, there were a
number of reports of physical and sexual assaults against women, both
citizens and foreigners, outside the family context.
Reports of spousal abuse, often severe, continued during the year.
Although assault is a crime, there were no specific laws against
domestic abuse. Effective prosecution of offenses was rare. In many
cases victims decided against initiating legal charges against a family
member because of family pressure, fear of further assault, or belief
that the police would not involve themselves actively in what is seen
as a private family problem. Within the traditional extended family
unit, violence, abuse, and neglect directed against spouses or children
were deemed offenses against the family, not just the individual
victims, and were addressed by a complex system of familial sanctions.
However, traditional methods of coping with family discord were
breaking down with increasing urbanization, monetization of the
economy, and greater emphasis on the nuclear family. No government
agency, including the police, has succeeded in replacing the extended
family system or in addressing the problem of family violence directly.
There were no governmental or private facilities to shelter and
support women in abusive situations. However, Pohnpei State began a
program of domestic violence education that included a hotline. The
Pohnpei Department of Public Safety also began training its officers to
handle domestic violence situations. In June the Chuuk State Attorney
General's Office sponsored a three-day workshop on domestic violence
conducted by representatives of a foreign attorneys general
association. Attendees included members of state government, the
religious community, and women's and other interested community groups.
As a result of the workshop, the Chuuk Women's Advisory Council, a
nongovernmental organization (NGO), received a foreign government grant
to build a multipurpose center to be used initially as an office and
eventually also as a shelter for victims of domestic violence.
In July the national government held a National Women's Conference
that addressed various gender-based issues, including women's health,
women in decision making, self employment of women, improving women's
education, problems of women with disabilities, and domestic violence.
The conference adopted three resolutions: asking all states to pass
mandatory maternity leave for state employees, as the national and
Kosrae State governments already had done; urging state governments to
pass necessary laws to address domestic violence and other forms of
violence against women; and endorsing a pending congressional bill to
provide reserved seats for women in Congress.
The law does not prohibit sexual harassment, and anecdotal reports
suggested that it was pervasive.
Couples and individuals have the right to decide the number,
spacing, and timing of children, and the information and means to do so
free from discrimination. Access to information on contraception,
prenatal care, skilled attendance at delivery, and postpartum care were
widely available through private and public medical facilities. The
maternal death rate could not be calculated due to underreporting or
missing data; however, the maternal mortality ratio was estimated to be
very low. According to indicators published by the Population Reference
Bureau, skilled health personnel attended an estimated 88 percent of
births, and an estimated 70 percent of married women ages 15-49 used
modern contraceptive methods. The Government conducted public
information campaigns on reproductive health matters through posters
and billboards; other types of local media were not readily available.
Women and men were given equal access to diagnostic services and
treatment for sexually transmitted infections, including HIV.
Women have equal rights under the law, including the right to own
property, and there were no institutional barriers to education or
employment. The largest employers were the national and state
governments, and women received equal pay for equal work. The public
sector comprises fully half of the country's 15,500 jobs, with nearly
5,000 in state government positions and approximately 2,500 in national
and municipal government or public enterprises or agencies. Societal
discrimination against women continued, however, and cultural mores
encouraged differential treatment for women. For example, in Yap State
women were prohibited from entering a meeting hall during men's
meetings. In Chuuk State women must bow in the presence of men during
formal meetings. Nonetheless, women were active and increasingly
successful in private business. There was a national women's working
group made up of female national government employees, including the
Secretary of health and social services, that advised the Government.
Additionally, several small NGOs were interested in women's issues,
particularly those associated with family violence and abuse. The
Women's Interest Section of the Department of Health and Social
Services worked to protect and promote women's rights.

Children.--A child acquires citizenship if one or both parents were
citizens. Individual states maintain birth records.
Although a compulsory education law requires all children to begin
school at age six, not all did so, and the law was not enforced. A
shortage of qualified teachers and lack of textbooks hampered progress.
The law permits children to leave school when they reach the age of 14
or after completing the eighth grade.
Child abuse is illegal, although the constitution provides for a
right of parental discipline. Crime statistics indicated no complaints
of, or arrests for, child abuse during the year, but cultural attitudes
regarding parental discipline limited the reporting of abuse. There
were some anecdotal reports of child abuse and neglect.
The states' statutory rape laws apply to children age 13 and below
in Chuuk, Yap, and Kosrae and age 15 and below in Pohnpei. The maximum
penalties vary according to state--Chuuk: five years' imprisonment,
$5,000 fine; Kosrae: 10 years, $20,000 fine; Yap: 10 years, $10,000
fine; and Pohnpei: five years, $5,000 fine. Only Pohnpei has a statute
prohibiting child pornography. Both Chuuk and Pohnpei have provisions
against exhibiting ``adult films'' in general; Yap and Kosrae have no
such provisions. Both Chuuk and Pohnpei impose a penalty of six months'
imprisonment for violations.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international child abduction, please see the Department of State's
annual report on compliance at http://travel.state.gov/abduction/
resources/congressreport/congressreport--4308.html.

Anti-Semitism.--There were no known Jewish communities in the
country, and there were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination in
public service employment against persons with physical disabilities.
There were no reports of discrimination against persons with physical,
sensory, intellectual, or mental disabilities in employment, access to
health care, or provision of other state services; however, persons
with disabilities usually did not seek employment outside the home.
Children with disabilities, including learning disabilities, were
provided with special education, including instruction at home if
necessary; however, such classes were dependent on foreign funding.
Neither laws nor regulations mandate accessibility to public buildings
or services for persons with disabilities. In practice many buildings
had ramps and/or were only one story. There was one elevator in the
two-story Pohnpei State government building--the only elevator in the
country. There were no policies or programs to ensure access to
information and communications for persons with disabilities.
Due to a lack of facilities for treating mentally ill persons, some
persons with mental illnesses but no criminal background were housed in
jails. The authorities provided separate rooms in jails for persons
suffering from mental illness, and state health departments provided
medication as part of their programs to provide free treatment to all
mentally ill residents.
The national Health Services Department is responsible for
protecting the rights of persons with disabilities.

National/Racial/Ethnic Minorities.--Each of the country's four
states has a different language and culture. Traditionally the state of
Yap had a caste-like social system with high-status villages, each of
which had an affiliated low-status village. In the past those who came
from low-status villages worked without pay for those with higher
status. In exchange those with higher status offered care and
protection to those subservient to them. The traditional hierarchical
social system has been gradually breaking down, and capable people from
low-status villages could rise to senior positions in society.
Nonetheless, the traditional system continued to affect contemporary
life. Persons from low-status backgrounds tended to be less assertive
in advocating for their communities' needs with the Government. As a
result, low-status communities sometimes continued to be underserved.
The national and state constitutions prohibit noncitizens from
purchasing land, and a 2002 law continued to limit the occupations that
noncitizens could fill. The national Congress granted citizenship to
non-Micronesians only in rare cases. There is no permanent residency
status. For the most part, however, noncitizens shared fully in the
social and cultural life of the country.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There are no laws
criminalizing homosexual conduct. There were no reports of violence,
official or societal discrimination, or workplace discrimination
against lesbian, gay, bisexual, or transgender persons.

Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--Although the law does not
specifically provide for the right of workers to join a union, under
the constitution citizens have the right to form or join associations,
and national government employees by law can form associations to
``present their views'' to the Government without being subject to
coercion, discrimination, or reprisals. No workers, including foreign
workers, were prohibited from joining unions, but for a variety of
reasons--including the fact that most private-sector employment was in
small-scale, family-owned businesses and citizens were not accustomed
to collective bargaining--there were no unions. The national and state
governments employed more than half of the country's wage-earning
workers. The majority of the remaining working-age population was
engaged in subsistence farming and fishing.
There is no specific right to strike, but no law prohibits strikes.
There were no employment-related disputes or demonstrations during the
year.

b. The Right to Organize and Bargain Collectively.--No law deals
specifically with trade unions or with the right to collective
bargaining. Since there were no unions, there were no reports of
collective bargaining agreements during the year. Individual employers,
the largest of which were the national and state governments, set
wages.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor. There were reports of a few men
and women from other Pacific nations being subjected to forced labor.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
National and state laws do not establish a minimum age for employment
of children. In practice there was no employment of children for wages,
but children often assisted their families in subsistence farming and
in family-owned shops.

e. Acceptable Conditions of Work.--The minimum hourly wage for
employment with the national government was $2.65. All states had a
minimum hourly wage for government workers: $2.00 in Pohnpei, $1.25 in
Chuuk, $1.42 in Kosrae, and $1.60 in Yap. Only Pohnpei had a minimum
wage for private sector workers: $1.35 per hour. These minimum wage
structures apply to skilled and unskilled workers and were sufficient
to provide a decent standard of living for a worker and family. The
minimum wage was enforced through the tax system, and this mechanism
was believed to be effective.
There are no laws regulating hours of work (although a 40-hour
workweek was standard practice) or prescribing standards of
occupational safety and health. A federal regulation requires that
employers provide a safe workplace, but the Department of Health had no
enforcement capability, and working conditions varied in practice.
There is no law for either the public or private sector that permits
workers to remove themselves from dangerous work situations without
jeopardy to their continued employment.
Foreign workers were not subjected to abuse or deported without
cause. They have the right to a hearing if facing deportation.
Working conditions aboard some Chinese-owned fishing vessels
operating in the country's waters continued to be very poor. Crewmen
reported a high incidence of injuries, beatings by officers, and
nonpayment of salary.

__________

MONGOLIA

Mongolia, with a population of three million, is a multiparty,
parliamentary democracy. The most recent presidential election, held in
May 2009 and considered largely free and fair, was won by former prime
minister Tsakhia Elbegdorj of the Democratic Party. Prime Minister
Sukhbaatar Batbold and his majority Mongolian People's Revolutionary
Party (MPRP) continued to dominate the parliament but governed under a
unity government with the Democratic Party. Security forces reported to
civilian authorities.
While the law provides for protection of basic human rights, the
following human rights problems were noted: police abuse of prisoners
and detainees; uneven enforcement of the law and official impunity;
poor conditions in detention centers; arbitrary arrest, lengthy
pretrial detention, and corruption within the judicial system;
government interference in the media; continued refusal by some
provincial governments to register Christian churches; secrecy laws and
a lack of transparency in government affairs; inadequate measures to
counter domestic violence against women; and trafficking in persons.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings during the year.
In February, after investigating the circumstances of the 2008
protest resulting in the deaths of five persons, the State Prosecutor
General's Office (SPO) dropped all charges against the 10 police
officers suspected of firing upon civilians and the four senior police
officials suspected of giving the order to open fire. However, in
November the SPO reopened the case.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, sources
reported that police, especially in rural areas, occasionally beat
prisoners and detainees. The use of unnecessary force, particularly to
obtain confessions, in the arrest process reportedly was common.
Nongovernmental organizations (NGOs) claimed that guards or police
sometimes meted out cruel punishment to inmates at police stations and
detention centers. The NGOs stated that some inmates were burned with
cigarettes, beaten with batons, or kicked in the shins with steel-toed
boots.
According to the National Human Rights Commission (NHRC), during
the year the SPO's Special Investigative Unit (SIU) received 210
complaints from citizens, including 10 complaints against police and
prison officers suspected of torture, of which three were dismissed,
five led to convictions, and two were sent to the SPO. The NHRC stated
that some incidents of alleged torture occurred during investigations
but not during imprisonment. The NHRC received five complaints against
police and law enforcement officers concerning beatings, abuse, and
confessions through torture. The five complaints were transferred to
the SIU; one had resulted in compensation and arrests or charges by
year's end.
Amnesty International reported that hazing was common within the
military, primarily including beatings by higher-ranking personnel of
their subordinates.

Prison and Detention Center Conditions.--According to Amnesty
International, conditions in prisons were poor but improved during the
year. The low quality of medical care available to prisoners remained a
concern. The General Executive Agency of Court Decision (GEACD)
reported that there were 7,265 prisoners, of whom 452 were women and 75
were juveniles. UN officials reported that children and adults often
were not separated in police detention facilities. The GEACD reported
20 deaths during the year in prisons and prison clinics under its
control. The National Police and GEACD reported two deaths in detention
facilities. Amnesty International declared that this number was
understated due to the practice of correctional officials releasing
terminally ill patients from their ward shortly before their impending
death.
Amnesty International reported that conditions at holding cells in
police stations and pretrial detention facilities remained poor.
Sources reported incidents of detainee abuse and forced confessions and
cited the conflict of interest inherent in the National Police's
continued oversight of administrative predetention facilities, due to
their concurrent responsibility to interrogate detainees. Overcrowding
and low-quality medical care threatened the health of detainees. There
were approximately 900 detainees in the sole pretrial criminal
detention facility serving Ulaanbaatar in Gants-khudag, a dark building
with poor ventilation and a capacity according to the GEACD of 640. At
times cells held eight persons in spaces intended for two or three.
Detainees were granted only one hour of time outside their cell per
week.
Within the Denjin Myanga administrative detention facility in
Ulaanbaatar, sources reported that detainees found guilty of
administrative offenses lived in squalid conditions due to overcrowding
and poor ventilation. Although the section holding them was built to
hold 120, there often were more than 200 detainees. Officials reported
that conditions were worst in the winter, when arrests increase and the
severe cold weather precludes outside activities.
Inebriated individuals were detained in overcrowded police-operated
detoxification centers for up to 24 hours. Officials reported that they
lacked the resources to provide adequate water, food, hygienic
standards, adequate bedding, ventilation, and bathing facilities.
Detainees were stripped to their underclothing and kept in stone-
floored, overcrowded cells with only a blanket to keep warm for the
duration of their detention. Children were detained alongside adults,
and detainees were kept together regardless of whether their crime was
violent or not. Diseases were common among inmates and guards alike.
Many inmates entered prison and detention centers infected with
tuberculosis or contracted it in prison. The Government quarantined and
treated victims at its tuberculosis hospital.
NGOs and the Government offered vocational, educational, outdoor,
and religious activities. NGOs provided clothing, food, books, English-
language instruction, and vocational training in prisons and detention
centers.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. The law allows prisoners and detainees
to submit complaints to judicial authorities without censorship and
request investigations, but Amnesty International stated that in many
cases this process was significantly flawed and failed to address
legitimate complaints. The Prosecutor's Office and State Special
Inspection Agency monitored prison and detention center conditions. In
November the results of monitoring by the Capital City Prosecutor's
Office and Capital City Special Inspection Office were released
publicly. Their report disclosed problems of hygiene, including failure
to clean rooms and bedding, failure of cafeteria staff to abide by
standards, contamination of the drinking water with bacteria, and
inadequacies in the dimensions and conditions of the cells.
The NHRC monitored conditions at several prisons and detention
centers. Monitors from the diplomatic and human rights community were
granted unaccompanied meetings with prisoners during the year. The
GEACD reported that ombudsmen are not able to serve on behalf of
prisoners and detainees.
At year's end the GEACD reported that the Government had invested
19.9 billion tugrik ($16 million) in prison renovation since 2006,
resulting in improvements in 35 facilities.

d. Arbitrary Arrest or Detention.--The law provides that no person
shall be arrested, detained, or deprived of liberty except by specified
procedures; however, arbitrary arrest and detention occurred. General
public awareness of basic rights and judicial procedures, including
rights with regard to arrest and detention, was limited, especially in
rural areas.

Role of the Police and Security Apparatus.--Security forces are
under the jurisdiction of the Ministry of Defense, the Ministry of
Justice and Home Affairs, and the General Intelligence Agency. The
Defense Ministry oversees national defense and assists in providing
domestic emergency assistance and disaster relief, in support of
internal security forces. The national police and the Border Force
operate under the Ministry of Justice and Home Affairs. The
intelligence agency is responsible for both internal security and
foreign intelligence collection and operations. The agency's civilian
head reports directly to the prime minister. The SPO supervises
undercover activities of the police and intelligence agencies.
Mechanisms to investigate police abuses remained inadequate, since
investigatory units lacked the resources to pursue all allegations. The
SIU investigates allegations of misconduct by law enforcement
personnel, prosecutors, and members of the judiciary. According to the
SIU, police frequently blocked or impeded the work of its
investigators, particularly when the targets of investigation were
high-ranking police officials. During the year the SIU received 721
complaints against law enforcement officials, opened cases on 132 of
these complaints, refused to open cases on 283 complaints, and
transferred 297 complaints to other agencies. At year's end nine cases
were under investigation. The SIU investigated a total of 329 persons:
155 police officers, 135 civilians, 29 investigators, five intelligence
agency officers, three judges, and two prosecutors.
There were no major government actions, including training, to
reform the security forces.
There were multiple reports from members of minority groups that
ultranationalist groups enjoyed impunity, due to police complacence and
unwillingness to apprehend the offenders. Ultranationalists targeted
lesbian, gay, bisexual, and transgender (LGBT) persons, Chinese, and
Koreans with threats, violence, and the extraction of protection money.

Arrest Procedures and Treatment While in Detention.--A judge-issued
warrant is required prior to the arrest of a suspect. A ``pressing
circumstances'' exception allows police to arrest suspects without
obtaining a warrant. The UN reported that two-thirds of those accused
with criminal offenses in Ulaanbaatar were arrested without court
authorization.
By law police must request a court order to continue holding
suspects after 24 hours. If permission is obtained, police may hold
suspects for up to 72 hours before a decision is made to prosecute or
release them. If a court order is not granted within 72 hours, police
must release suspects.
Detainees generally were informed promptly of the charges against
them. The maximum pretrial detention with a court order is 24 months;
an additional six months are allowed for particularly serious crimes
such as murder. Detainees are allowed prompt access to family members.
Detainees may be released on bail with the approval of a prosecutor.
A detainee has the right to a defense attorney during pretrial
detention and all subsequent stages of the legal process. If a
defendant cannot afford a private attorney, the Government must appoint
an attorney. Despite this legal provision, many detainees were unaware
of their right to a government-appointed attorney and did not assert
it. There was a shortage of public-funded and pro bono attorneys for
low-income defendants, particularly outside Ulaanbaatar. To address the
shortage, the Government, working with the UN Development Program,
placed an attorney in each of the provincial capitals and the districts
of Ulaanbaatar to provide free legal advice. Nonetheless, some
detainees refused to use state-funded attorneys for fear that such
attorneys would not fairly represent them. Furthermore, many defense
attorneys' law licenses remained suspended for providing services to
the victims of police violence from the July 2008 riots.

e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected this
provision in practice; however, corruption and outside influence were
increasingly problematic, particularly at the level of the Supreme
Court. Bribery could contribute to the dismissal of a case or reduction
of a recommended sentence.
There were three cases involving judges pending at year's end.

Trial Procedures.--The law provides for the right to a fair public
trial by a judge, but this was undermined by frequent cases of bribery
and a large number of cases per judge. The law provides that defendants
are innocent until proven guilty, and this was respected in practice.
Juries are not used. Closed proceedings are permitted in cases
involving state secrets, rape cases involving minors, and other cases
as provided by law. Defendants may question witnesses, present
evidence, and appeal decisions. The law extends these rights to all
citizens.
Despite these provisions, trial procedures were often plagued by
legal inconsistencies. There was a shortage of state-provided defense
lawyers, and many defendants lacked adequate legal representation.
Judges often relied on confessions, many of which were coerced by
police, in convicting defendants.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--Administrative and
judicial remedies are available for alleged wrongs. Corruption, outside
influence, and enforcement of court orders were problems in the civil
judicial system. Although by law victims of police abuse can sue for
damages, in practice few were able to claim compensation.
In February 2009 Ulaanbaatar police detained for four hours a
lawyer who represented religious workers facing deportation. No charges
were issued, but the lawyer said that police fined him. The lawyer
appealed the fine, and in March 2009 the Supreme Court ruled in his
favor. However, the plaintiff stated that police disregarded the
Supreme Court's judgment and refused to repay him.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The criminal code and constitution prohibit such
actions; however, there were reports of government surveillance,
wiretapping, and e-mail account intrusions against journalists and NGOs
critical of the Government.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
rights in practice. Nevertheless, government interference with
licensing and indirect intimidation of the press, particularly
broadcast media, was evident.
A variety of newspapers and other publications represented both
major political parties and independent viewpoints. The Ministry of
Justice and Home Affairs licensed newspapers, television and radio
broadcasters, and magazines. The media law bans censorship of public
information and any legislation that would limit the freedom to publish
and broadcast; however, perceived self-censorship continued to be a
problem. A December 2009 poll of journalists by Globe International, a
domestic media rights NGO, found that half of them reported self-
censoring their work because of threats or the fear of prosecution or
job loss. The Government monitored all media for compliance with
antiviolence, antipornography, antialcohol, and tax laws.
In September 2009 the Media Office of the General Policy Authority
sent a ``cooperation agreement'' valid for one year to all Ulaanbaatar-
based television stations. In exchange for providing ``safety for
television stations that signed the agreement and for their journalists
working at flashpoints,'' the police required ``balanced'' and ``true
and objective information'' and forbade the dissemination of
``incorrect information and propaganda that encourages mass disorder
during public demonstrations'' or ``information compromising public or
organizational privacy and state secrecy.'' The agreement also required
that ``when reporting, media outlets shall regularly contact central
headquarters for information on the current situation.'' In addition it
stated that ``if a public demonstration becomes mass disorder, the
media shall cooperate with the police and broadcast propaganda to
defuse and resolve the situation.'' All but two television stations
reportedly signed the agreement, leaving in question whether the police
would extend protection to those that did not. There were no reports
the two stations that did not sign the agreement experienced public
safety problems.
In December 2009 the investigative newspaper Niigmiin Toli was
fined for defamation by the Ulaanbaatar Metropolitan Court following a
letter it published from an anonymous citizen in the province of Bayan-
Olgii criticizing local Governor Khaval and his staff. On August 27,
following the newspaper's rejection of the court order to apologize and
pay a fine of two million tugrik ($1,610) to the ``defamed'' officials,
the GEACD raided the office and seized a computer with a database of
confidential sources. Although authorities reportedly claimed that the
property was seized in lieu of the fine, the editor in chief stated
that, unlike newer computers in the office, the value of the antiquated
computer was less than the amount of the fine, leading the newspaper to
allege the specific computer was seized by authorities to uncover
confidential sources.
Press representatives alleged indirect censorship in the form of
government and political party harassment, such as frequent libel
complaints and tax audits. The law places the burden of proof on the
defendant in libel and slander cases. Both libel and ``insult'' were
criminal charges. Globe International reported that in advance of the
protests of late March and early April, the nominally independent
Communications Regulatory Commission demanded that one television
station not cover the demonstrations. Due to the commission's role in
licensing, observers interpreted this as tantamount to a threat, and by
extension, censorship.
Observers stated that many newspapers were either affiliated with
political parties or owned (fully or partly) by individuals affiliated
with political parties and that such affiliation strongly influenced
the published reports. The observers also noted that underpaid
reporters frequently demanded payment to cover or fabricate a story.
Broadcast media similarly were not free of political interference.
A lack of transparency during the tendering process and lack of a fully
independent licensing authority inhibited fair competition for
broadcast frequency licenses and benefited those with political
connections. At the provincial level, local government control of the
licensing process similarly inhibited the development of independent
television stations.

Internet Freedom.--There were no government restrictions on access
to the Internet. Individuals and groups could engage in the peaceful
expression of views via the Internet, including by e-mail; however,
there were reports that the Government monitored some e-mail accounts.
According to the Information and Communication Technology Agency, there
were 56 Internet service providers with 106,000 subscribers in the
country, and all provinces had Internet connectivity. Internet access
continued to expand during the year to remote areas as a result of
government and private-sector efforts. According to a 2009 survey by
the technology agency, 73 percent of Ulaanbaatar residents had used the
Internet at least once. According to the same agency, 6 percent of
families in Ulaanbaatar had Internet connections in their homes.
A representative of the LGBT Centre alleged government monitoring
of their personal e-mail accounts, stating that recent activity logs
frequently listed unknown Internet protocol addresses within the
country.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the Government generally
respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

Protection of Refugees.--The country is not a party to the 1951
Convention relating to the Status of Refugees or the 1967 Protocol
relating to the Status of Refugees. However, the constitution provides
for the right to asylum, and in practice the Government provided
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened on account of their
race, religion, nationality, membership in a particular social group,
or political opinion.
Citizenship is inherited from parents. Refugees are considered
illegal migrants and as such do not have access to basic services such
as health care and education, nor are they allowed to work. The UNHCR
reported that ``stateless persons are unable to enjoy their most
fundamental rights such as the right education, health care, and an
adequate standard of living.'' According to statistics provided by the
Ministry of Justice and Home Affairs and the Immigration Agency, in
December there were 29 individuals who were stateless and under
consideration for naturalization. Most had renounced their original
citizenship in the process of applying for Mongolian citizenship. By
law the procedure to acquire and/or reacquire Mongolian nationality
should take no more than six months, but in reality it often took
considerably longer.
The Immigration Agency does not consider ethnic Kazakhs to be
stateless without verification with Kazakh authorities that they are
not Kazakh citizens. The UNHCR reported that many thousands of ethnic
Kazakh Mongolians renounced their Mongolian nationality upon moving to
Kazakhstan in the early 1990s, but many who were unable to gain Kazakh
citizenship returned to Mongolia, where they became stateless. The
UNHCR reported that the process of reacquiring Mongolian nationality
was long and complicated and recommended improving the implementation
of relevant laws. In addition observers cited the lack of awareness
regarding the relevant legal framework as a reason for statelessness.
Furthermore, the process of verification with the Kazakh government was
protracted.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic elections based on universal suffrage. The law limits the
president to two four-year terms. Parliamentary and local elections are
held separately, also for four-year terms.
The law provides that the majority party in the parliament, in
consultation with the president, shall appoint the prime minister.
Members of the parliament may serve as cabinet ministers. There is no
requirement that the prime minister or other ministers be a member of
the parliament.

Elections and Political Participation.--In the most recent
presidential election, held in May 2009, the former prime minister and
candidate of the opposition Democratic Party, Tsakhia Elbegdorj,
defeated MPRP incumbent Nambar Enkhbayar. Independent observers
described the election as largely free and fair.
The potential for bias within the General Election Commission was a
concern, particularly for smaller political parties. Four of the nine
commissioners belonged to the MPRP and three to the Democratic Party
prior to becoming commissioners and cancelling their memberships, as
required by law.
Political parties could operate without restriction or outside
interference. There were 17 political parties registered with the
Supreme Court.
There were no legal impediments to the participation of women or
minorities in government and politics, but their numbers remained
small. There were three women in the 76-member parliament. One of the
15 cabinet ministers was a woman, as were seven of the 17 Supreme Court
justices. Women and women's organizations were vocal in local and
national politics and actively sought greater female representation in
government policymaking.
There were three ethnic Kazakhs serving in the parliament. There
were two members of minority groups serving in the cabinet or Supreme
Court.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not always implement the law effectively,
and officials sometimes engaged in corrupt practices with impunity.
Corruption was perceived to be a serious and continuing problem at all
levels of government, particularly within the judiciary and customs
service. Varying degrees of corruption at most levels of government
resulted in a blurring of the lines between the public and private
sectors. Conflicts of interest were frequent. The problem was
compounded by ineffective governmental oversight bodies and media that
frequently failed to expose corruption.
Corruption in law enforcement agencies was endemic. The
Government's Independent Agency Against Corruption investigated some
police officers but did not make public the results of any such
investigations.
The criminal code proscribes the acceptance of bribes by officials
and provides for fines or imprisonment of up to five years. It also
outlaws offering bribes to government officials. Members of the
parliament are immune from prosecution during their tenure, preventing
a number of allegations of corruption from going to trial. Corruption-
related arrests and convictions were rare but increasing.
The anticorruption agency, which is responsible for investigating
corruption cases, declared that nearly all of the most senior officials
complied with the requirement to declare their assets and income (and
those of relatives, including spouses, parents, children, and live-in
siblings). The agency also is required to review the asset declarations
of public servants, including police officers and members of the
military, and this was carried out in practice. The agency received 427
reports of improprieties during the year, of which it referred more
than 46 for criminal investigation.
Government and parliamentary decision making was not transparent,
and public legislative hearings were rare. Meetings of the parliament's
standing committees were not open to the press or the public.
Nevertheless, in May the Parliamentary Standing Committee on Legal
Affairs held a hearing in which parliamentarians questioned officials
who allegedly violated anticorruption statutes. General sessions of the
parliament were largely open to the public, although not in all cases.
There was no law providing for public access to government
information. The far-reaching State Secrets Law inhibited freedom of
information and government transparency while at the same time
undermining accountability. The law also hindered citizen participation
in policy discussions and government oversight.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views.
With assistance from the UN Development Program, a local
representative in each provincial assembly monitored human rights
conditions.
The NHRC is responsible for monitoring human rights abuses,
initiating and reviewing policy changes, and coordinating with human
rights NGOs; it reports directly to the parliament. The NHRC consists
of three senior civil servants nominated by the president, Supreme
Court, and parliament for terms of six years.
The Government allowed midlevel civil servants to receive human
rights training through seminars, conferences, and lectures.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law states that ``no person shall be discriminated against on
the basis of ethnic origin, language, race, age, sex, social origin, or
status,'' and that ``men and women shall be equal in political,
economic, social, cultural fields, and family.'' The Government
generally enforced these provisions in practice.

Women.--Rape and domestic abuse are illegal; however, no law
specifically prohibits spousal rape, and rape remained a problem.
During the year 254 persons were convicted of rape, according to the
research center of the Supreme Court. However, NGOs alleged that many
rapes were not reported and claimed that police and judicial procedures
were stressful to victims and tended to discourage reporting of the
crime. Social stigma also lowered the number of cases reported.
According to NGOs, police referred only a small number of rape
cases for prosecution, largely claiming that there was insufficient
evidence. Postrape medical examinations were available, and results
were occasionally used as evidence; however, such exams were not always
available in remote areas. NGOs stated that negative attitudes among
some police resulted in certain cases not being referred to
prosecutors.
The criminal code outlaws sexual intercourse through physical
violence (or threat of violence) and provides for sentences of up to
five years. If the victim is injured or is a minor, the penalty can
reach 10 years. Such a crime resulting in death, victimizing a child
less than 14 years of age, or committed by a recidivist may result in
15 to 25 years' imprisonment or the death penalty. Gang rape is
punishable by death.
Domestic violence remained a serious problem, particularly against
women of low-income rural families. The law requires police to accept
and file complaints, visit the site of incidents, interrogate offenders
and witnesses, impose administrative criminal penalties, and bring
victims to refuge. It also provides for sanctions against offenders,
including expulsion from the home, prohibitions on the use of joint
property, prohibitions on meeting victims and on access to minors, and
compulsory training aimed at behavior modification. However, this level
of service was rarely provided because the police lacked sufficient
funding and, according to NGOs, often were reluctant to intervene in
what was viewed as an internal family matter.
Between 2007 and June 2009, the Mongolian Women's Legal Association
documented more than 240 criminal proceedings involving domestic
violence. During the same period, the association reported that
officers invoked the hooliganism article of the administrative code in
cases of domestic violence 4,800 times. Of these interventions, 7
percent resulted in detentions of the assailant for up to 30 days and
the remainder in fines payable to the state. At year's end 20 victims
had received services, and 15 cases had been processed. The Government
maintained a care facility for domestic violence and rape victims in
the National Center for Trauma Treatment.
There were no reliable statistics regarding the extent of domestic
abuse; however, the National Center Against Violence (NCAV) estimated
that approximately one in three women was subject to some form of
domestic violence and one in 10 women was battered. A total of 484
persons were convicted of domestic violence and given restraining
orders during the year. However, the law fails to assign responsibility
to particular agencies in the execution of restraining orders. As a
result the women's legal association reported that restraining orders
were poorly monitored and enforced. The law instructs that restraining
orders be in effect only as long as the victims are in shelter, thus
exposing them to danger upon their release.
The NCAV stated that it provided temporary shelter to 437 persons
at its six locations and provided psychological counseling to hundreds.
The NCAV launched domestic violence prevention campaigns without
governmental support. State and local governments financially supported
the NCAV in providing services to domestic violence victims. The
Ministry of Social Welfare and Labor (MSWL) provided approximately
eight million tugrik ($6,440) to the NCAV for its shelter in
Ulaanbaatar, and the Government welfare agencies provided an additional
16 million tugrik ($12,880) to two shelter houses in Ulaanbaatar. The
province of Selenge provided 2.3 million tugrik ($1,850) to the local
shelter house.
According to women's NGOs, sex tourism from South Korea and Japan
remained a problem.
There are no laws against sexual harassment. NGOs alleged there was
a lack of awareness within society on what constituted inappropriate
behavior, making it difficult to gauge the actual extent of the
problem. An NHRC survey found that one of every two employed women
under the age of 35 identified herself as a victim of workplace sexual
harassment.
Couples and individuals have the right to decide freely and
responsibly the number, spacing, and timing of their children and have
the information and means to do so free from discrimination. The
Ministry of Health reported that 83 percent of pregnant women had
access to childbirth services, prenatal care, essential obstetric care,
and postpartum care in 2009. However, observers stated that public
reproductive health-care facilities had long waiting times, a lack of
confidentiality, and unprofessional treatment by medical personnel.
According to data gathered by the UN, the 2008 estimated maternal
mortality ratio was 65 deaths per 100,000 live births. The UN
Population Division estimated that 66 percent of women or their
partners used contraceptive methods. Women were equally diagnosed and
treated for sexually transmitted infections, including HIV.
The law provides men and women with equal rights in all areas,
including equal pay for equal work and equal access to education. In
most cases these rights were enjoyed in practice. The Gender Center for
Sustainable Development reported that from 2000 to 2008, men who worked
in managerial positions earned 22.8 percent more than women equivalent
in rank, and men who worked as engineers had 45.4 percent higher
salaries than their female counterparts.
Women represented approximately half of the workforce, and a
significant number were the primary wage earners for their families.
The law prohibits women from working in certain occupations that
require heavy labor or exposure to chemicals that could affect infant
and maternal health, and the Government effectively enforced these
provisions. Many women occupied midlevel positions in government and
business or were involved in the creation and management of new trading
and manufacturing businesses. The mandatory retirement age of 55 for
women is five years lower than for men.
Divorced women secured alimony payments under the family law, which
details the rights and responsibilities regarding alimony and
parenting. The former husband and wife evenly divided property and
assets acquired during their marriage. In a majority of cases, the
divorced wife retained custody of any children, but Monfemnet reported
that divorced husbands often failed to pay child support without state
penalty. Women's activists said that because businesses were usually
registered under the husband's name, ownership was increasingly
transferred automatically to the former husband.
There was no separate government agency to oversee women's rights;
however, there was the National Gender Center under the Prime
Minister's Office, a national council to coordinate policy and women's
interests among ministries and NGOs, and a division for women and youth
concerns within the MSWL. In the parliament there was a Standing
Committee on Social Policy, Education, and Science that focused on
gender matters.

Children.--Citizenship is derived from one's parents.
Child abuse was a significant problem, principally in the forms of
violence and sexual abuse. According to the Governmental National
Center for Children, both problems were most likely to occur within
families.
Although against the law, the commercial sexual exploitation of
children--involving those under 18 years of age--was a problem.
According to NGOs there were instances wherein teenage girls were
kidnapped, coerced, deceived, and forced to work as prostitutes. The
minimum age for consensual sex is 16. Violators of the statutory rape
law are subject to a penalty of up to three years in prison. The law
prohibits the production, sale, or display of all pornography and
carries a penalty of up to three months in prison. The country was not
believed to be a destination for child sex tourism.
Police raids freed some teenage victims of commercial sexual
exploitation; however, NGOs claimed other police officers worked with
procurers and brothel keepers. Teenage victims of sexual exploitation
were often detained and punished for the crime of prostitution.
Although society has a long tradition of raising children in a
communal manner, societal and familial changes orphaned many children.
Child abandonment was a problem; other children were orphaned or ran
away from home as a result of parental abuse, much of it committed
under the influence of alcohol. An MSWL official stated there were no
effective legal deterrents for child abandonment.
According to the MSWL, there were 41 temporary shelters and
orphanages, seven fewer than in 2009 after inspections found them to be
noncompliant with the standards adopted in 2008. The MSWL reported that
there were six government-funded shelters, classifying the Address
Identification Center (AIC) as a shelter. Of these, officials stated
that facilities run by the AIC, National Center for Children, and
Ulaanbaatar city government failed to meet the Government's standards
for shelters. Approximately 1,500 children lived in shelters
countrywide. In the winter an estimated 60 children, and in the summer
hundreds of children, were estimated to be living on the street.
Minors who ran away from or were lost or abandoned by their parents
are brought to the police-run AIC in Ulaanbaatar for the purpose of
reconnecting children with their families. With a capacity of 45, it
was often overcrowded with as many as 70. Police officials stated that
children of abusive parents were sent to shelters rather than back
home, but some observers suggested that many youths were sent back to
abusive parents. The AIC was unable to provide adequate medical
attention to the children, many of whom could not access public health
services for lack of an identification card. Officials stated that the
state allocated 24,000 tugrik ($20) a month for all medical expenses
despite officials' estimates that 80 percent of the entering children
were sick, in many cases severely so. Since many of the children lacked
their identification cards, public hospitals refused to provide those
children even rudimentary treatment. The Law on the Provisional
Detention of Homeless Children states that children should be kept in
the AIC for no longer than seven days, yet in practice they were kept
for up to 180 days. Children residing at the AIC for such long
durations were not integrated into regular schools.
The Government began implementation of a ``Road Home Program'' to
provide educational and recreational activities for 35 children who
were regular entrants to the AIC. All funding for this program came
from outside donors.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction.

Anti-Semitism.--The Jewish population was very small, and there
were no reports of anti-Semitic acts during the year.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The labor law prohibits discrimination
in employment and education against persons with disabilities. At
year's end the NHRC was investigating whether laws discriminate against
persons with disabilities in health care or in the provision of other
state services. The law defines the types of disabilities as including
those concerning physical, sensory, and mental but not intellectual
attributes. The Law on Social Protection of the Disabled gives
provincial governors and the Ulaanbaatar governor the responsibility to
implement measures to protect the rights of persons with disabilities.
However, the Government did little to execute such measures, and in
practice most persons with disabilities faced significant barriers to
employment, education, and participation in public life.
According to the Mongolian National Federation of Disabled Persons'
Organizations (MNFDPO), there were an estimated 81,500 persons with
disabilities over the age of 16 in the country, of whom 20 percent were
employed. The Government provided tax benefits to enterprises that
hired persons with disabilities. The law requires workplaces to hire
one person with disabilities for every 25 employees or pay a fine.
However, the law requires that disabled persons may work a maximum of
36 hours a week before overtime, thus creating a disincentive for
companies to employ them. Companies often chose to pay the small fine
rather than fill the legal quota for disabled individuals. Furthermore,
the Government itself failed to employ disabled individuals in the
ratio required of employers.
Persons injured in industrial accidents have the right to
reemployment when ready to resume work, and the Government offered free
retraining at a central technical school. The reemployment right was
generally enforced in practice.
In February a new law took effect mandating standards of physical
access for persons with disabilities to newly constructed public
buildings; however, by year's end the law had not been applied. One
school newly constructed in Songino-Khairkhan District failed to meet
the new regulations. Government buildings remained largely inaccessible
to persons with disabilities. Public transportation was also largely
inaccessible to such persons. Despite a new law introducing standards
for road construction under which some textured sidewalks meant to aid
visually impaired pedestrians were installed, the persistence of open
manholes, protruding obstacles, and unheeded crosswalks prevented many
persons with disabilities from moving freely.
There were several specialized schools for youth with disabilities,
but these students could also attend regular schools. However, in
practice children with disabilities had limited access to education.
The MNFDPO estimated that of 33,000 children with disabilities, 60
percent failed to complete secondary education. Schools for individuals
with disabilities could accommodate only 2,200 children.
The law requires the Government to provide benefits according to
the nature and severity of the disability. Although the Government
generally provided benefits, the amount of financial assistance was
low, and it did not reach all persons with disabilities. The MNFDPO
stated that benefits were provided in an ad hoc manner, often failing
to meet the actual demands of the recipients. According to the MNFDPO,
of the 97,000 government-registered persons with disabilities, during
the year approximately 42,000 received an allowance from the
Government's Social Welfare Fund, and 46,000 persons received
allowances from the Social Insurance Fund. The MNFDPO alleged that the
employment support fund, a program targeted at persons with
disabilities through local governments, was often misappropriated at
the provincial level.
Persons with disabilities could not fully participate in the
political process. Little accommodation was made for such persons at
polling stations, and there were no such representatives in the
parliament. The MNFDPO estimated that in the 2009 presidential
election, only 34 percent of the electorate with disabilities cast a
ballot. Persons with sight and hearing disabilities had difficulty
remaining informed about public affairs due to a lack of accessible
broadcast media. The MNFDPO stated that less than 15 percent of
broadcasting on the state-owned television channel had simultaneous
sign language.
The MNFDPO worked with the Government to encourage vocational
education centers to work with children with disabilities so that they
could eventually be capable of running small businesses. The
Ulaanbaatar city government sponsored one factory staffed with
approximately 70 blind individuals.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Homosexual conduct is not
specifically proscribed by law. However, Amnesty International and the
International Lesbian and Gay Association criticized a section of the
penal code that refers to ``immoral gratification of sexual desires,''
arguing that it could be used against persons engaging in homosexual
conduct. Such persons reported harassment and surveillance by police.
Police took little or no action to apprehend ultranationalists who
threatened, abducted, and committed acts of violence against members of
the LGBT community.
There were reports that individuals were assaulted in public and at
home, denied service from stores and nightclubs, and discriminated
against in the workplace based on their sexual orientation. There also
were reports of abuse of persons held in police detention centers based
on their sexual orientation.
Some media outlets described gays and lesbians with derogatory
terms and associated homosexual conduct with HIV/AIDS, pedophilia, and
the corruption of youth.

Other Societal Violence or Discrimination.--There was no official
discrimination against those with HIV/AIDS; however, some societal
discrimination existed. The public continued largely to associate HIV/
AIDS with homosexual conduct, burdening victims with the attendant
social stigma.
Section 7. Worker Rights

a. The Right of Association.--The law entitles workers to form or
join independent unions and professional organizations of their
choosing without previous authorization or excessive requirements, and
the Government respected this right in practice. However, some legal
provisions restrict these rights for groups such as foreign workers,
public servants, and workers without employment contracts.
Union officials estimated union membership of salaried individuals
remained constant. No arbitrary restrictions limited who could be a
union official, and officers were elected by secret ballot.
The law provides for the right to strike. The Confederation of
Mongolian Trade Unions (CMTU) reported that university administrators
used pressure and threats to prevent the formation of unions among
lecturers. The Federation of Mongolian Education and Science Unions
also reported police harassment during an April 1 protest before
Government House. Furthermore, a union leader for teachers in School 75
of Khan-Uul District was fired for leading a one-day strike in April.
The Government prohibits third parties from organizing a strike.
Persons employed in essential services, which the Government defines as
occupations critical for national defense and safety and including
police, utility, and transportation, do not have the right to strike.
The list of essential services appeared to comply with International
Labor Organization guidelines.

b. The Right to Organize and Bargain Collectively.--Laws protect
collective bargaining, and these were effectively enforced. The law
regulates relations among employers, employees, trade unions, and the
Government. The Government's role is limited to ensuring that contracts
meet legal requirements concerning hours and conditions of work. Wages
and other conditions of employment are set between employers, whether
state or private, and employees, with trade union input in some cases.
The tripartite Labor Dispute Settlement Committee resolves disputes
between workers and management. The Government does not allow
intervention in collective bargaining by third parties.
The law protects the right of workers to participate in trade union
activities without discrimination, and the Government protected this
right in general. Nevertheless, the administration failed to enforce a
2009 court order requiring the compensation and rehiring of striking
Aero Mongolia mechanics. After the Supreme Court ruled against it,
Aero-Mongolia filed a new case during the year claiming the union to be
illegal. The case remained on appeal at year's end. The fired mechanics
reported being blacklisted as a result of their union activities.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law specifically
prohibits forced or compulsory labor, including by children; however,
there were isolated reports that such practices occurred.
The NHRC stated that military officials reportedly subjected
subordinates to forced labor, such as cutting firewood, digging
ditches, or working at construction sites owned by the superiors'
friends or relatives.
An estimated 524 North Korean laborers were employed in the fields
of mining, factory work, utilities, transportation, construction,
customer service, and health. There was concern that some North Korean
workers were not free to leave their employment or complain about
unacceptable work conditions.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits children under the age of 16 from working, although those
who are 14 or 15 years of age may work up to 30 hours per week with
parental consent. Those under age 18 may not work at night, engage in
arduous work, or work in hazardous occupations such as mining and
construction. However, involuntary child labor occurred in the
construction and mining (coal, gold, and fluorspar mineral) sectors,
although largely if not exclusively in the informal, artisanal mining
sector. Labor inspectors assigned to regional and local offices were
responsible for enforcement of these prohibitions and all other labor
regulations. Inspectors have the authority to compel immediate
compliance with labor legislation, but enforcement was limited, due to
the small number of labor inspectors and the growing number of
independent enterprises.
Children worked informally in petty trade and unauthorized small-
scale mining as well as scavenging in dumpsites and herding animals.
Widespread alcoholism and parental abandonment made it necessary for
many children to support themselves. The National Center for Children
estimated the number of children in the labor force as high as 77,000,
although up to 90 percent of these children were involved in
traditional animal husbandry, while only 1 percent were estimated to be
involved in mining.
International organizations continued to voice concern over child
jockeys in horseracing. According to NHRC reports, more than 30,000
child jockeys competed in horse races each year. Children commonly
learn to ride horses at age four or five, and young children
traditionally serve as jockeys during the national Naadam festival,
where races range from two to nearly 20 miles. The state bans racing
with child jockeys during the coldest period (October 18 through
February 13), and there are regulations requiring adequate headwear.
With increased NGO monitoring during horseracing events, there
reportedly was greater adherence to these regulations.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

e. Acceptable Conditions of Work.--The legal minimum wage was
108,000 tugrik ($87) per month. This minimum wage, which applied to
both public- and private-sector workers and was enforced by the Labor
Ministry, did not provide a decent standard of living for a worker and
family. Some workers received less than the minimum wage, particularly
at smaller companies in rural areas. The minimum wage is reset annually
by the MSWL in consultation with trade union representatives and
employers.
The standard legal workweek is 40 hours, and there is a minimum
rest period of 48 hours between workweeks. For persons 14 and 15 years
of age, the workweek is 30 hours; for individuals with disabilities and
those 16 and 17 years of age, it is 36 hours. By law overtime work is
compensated at either double the standard hourly rate or by giving time
off equal to the number of hours of overtime worked. Pregnant women and
nursing mothers are prohibited from working overtime by law. These laws
generally were enforced in practice.
There is no law mandating sick leave for workers. According to the
Government, employers set their own rules in this regard.
Laws on labor, cooperatives, and enterprises set occupational
health and safety standards; however, enforcement of the standards was
inadequate. The MSWL had an insufficient number of inspectors,
according to the CMTU. Inspections were conducted both proactively and
in response to complaints filed. A CMTU representative stated that
fines imposed against companies not complying with labor standards were
insufficient to induce management to resolve problems cited by
inspectors. The near-total reliance on outmoded machinery and problems
with maintenance and management led to frequent industrial accidents,
particularly in the construction, mining, and power sectors. Workers
have the right to remove themselves from situations that endanger
health or safety without jeopardy to their employment, and authorities
enforced this right.
Foreign workers, the majority of whom were Chinese mining and
construction workers, reportedly worked in conditions that did not meet
government regulations. The MSWL did not monitor the working or living
conditions of Chinese or North Korean laborers. Observers stated that
North Korean laborers likely failed to receive the minimum wage.

__________

NAURU

Nauru is a constitutional republic with a population of
approximately 9,200. The most recent parliamentary elections, held in
November, were generally free and fair. There were no formal political
parties. The 18-member unicameral parliament reelected March Stephen as
president. Security forces reported to civilian authorities.
Few human rights problems were reported.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices, and there were
no reports that government officials employed them.

Prison and Detention Center Conditions.--During the year a new
prison compound was made operational, although minor completions
remained ongoing at year's end. The only other prison in the country
was damaged by fire in 2008 and closed when the new prison became
operational. Prison conditions generally met international standards.
The new facility could hold up to 60 prisoners at full capacity. The
new facility houses a juvenile center, a women's prison, and a main
prison. During the year there were 20 prisoners in detention, including
one woman and no juveniles. There were also five pretrial detainees
held in the same facility. Unlike in previous years, short-term
detainees (those held for no more than 24 hours, generally for drunk
and disorderly behavior), including juveniles, were accommodated in the
low-risk area of the prison, instead of in cells made from converted
shipping containers.
Authorities permitted prisoners and detainees to submit complaints
to judicial authorities through their families, lawyers, or directly
with the officer in charge. All complaints were addressed by the
officer in charge. If necessary, the police assist in the
investigation. Government representatives made weekly visits to the
correction center.
The Government affirmed it would permit monitoring visits by
independent human rights observers, but none were reported. Prison
visits by church groups and family members were permitted.
There was no ombudsman who could serve on behalf of prisoners and
detainees. Prison authorities provided daily reports to the correction
center management on the behavior of each prisoner. These reports were
submitted to the Quarterly Remission Program, which could reduce a
prisoner's sentence by a quarter of their total term based on good
behavior. The recommendations were made by corrections center
management to the Secretary for Justice, who issued final decisions.
The program was also used to ensure prison terms were accurately
monitored.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the police, and the Government has
effective mechanisms to investigate and punish abuse and corruption.
There were no reports of impunity involving the security forces during
the year.

Arrest Procedures and Treatment While in Detention.--Arrests are
made openly, based either on warrants issued by authorized officials or
for proximate cause by a police officer witnessing a crime. Police may
hold a person for no more than 24 hours without a hearing before a
magistrate. There was a functioning bail system. The law provides for
accused persons to have access to legal assistance, but in practice
qualified assistance was not always readily available. Detainees were
allowed prompt access to family members.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.

Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
Procedural safeguards are based on English common law. They include the
presumption of innocence; the right to be informed promptly of charges;
the right to adequate time and facilities to prepare a defense; the
right to confront witnesses, present evidence, and appeal convictions;
the right to trial by jury; and a prohibition on double jeopardy and
forced self-incrimination. Trials are public, defendants have the right
to legal counsel, and a representative for the defense is appointed at
public expense when required ``in the interest of justice.'' Bail and
traditional reconciliation mechanisms rather than the formal legal
process were used in many cases, usually by choice but sometimes under
communal pressure. These rights were extended to all citizens without
exception.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, including access to a court
to bring lawsuits seeking damages for, or cessation of, human rights
violations.

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.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedoms of assembly and association, and the Government
generally respected these rights in practice.

c. Freedom of Religion.--For a description of religious freedom,
please see the Department of State's 2010 International Religious
Freedom Report at www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--Neither the constitution nor the law
specifically provides for freedom of movement within the country,
foreign travel, emigration, and repatriation, but the Government
generally respected these rights in practice. The Government cooperated
with the Office of the UN High Commissioner for Refugees and other
humanitarian organizations in providing protection and assistance to
internally displaced persons, refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern.
Neither the constitution nor law prohibits forced exile; however,
the Government did not use it.

Protection of Refugees.--The country is not a party to the 1951
Convention relating to the Status of Refugees and its 1967 Protocol.
Its laws do not provide for the granting of asylum or refugee status,
and the Government has not established a system for providing
protection to refugees. There were no requests during the year for
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened on account of their
race, religion, nationality, membership in a particular social group,
or political opinion.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--On March 20, with
parliament in a stalemate of nine members for the Government and nine
members in the opposition, President Marcus Stephen called a general
election two years into the three-year parliamentary term. The
parliament indirectly elects the president, but the two factions have
not been able to form a majority in the parliament.
On April 24, the same 18 members were reelected, and the stalemate
continued. The 19th Parliament was unable to form a new government, and
on June 11, President Marcus Stephen declared a state of emergency and
dissolved parliament. The state of emergency is an administrative
measure enabling the Government in place to operate without a new
parliamentary mandate, and it does not restrict individual or political
freedoms. Another round of elections took place on June 19, which
resulted in another hung parliament.
On November 1, a third parliamentary election took place. The state
of emergency was lifted after President Marcus Stephen was reelected,
defeating opposition member Milton Dube, in free and fair elections.
The stalemate was broken with a deal that made opposition leader and
former president Ludwig Scotty speaker of the house.
Political parties could operate without restriction or outside
interference, but there were no formal parties.
There are no legal impediments to participation in politics by
women. However, women have traditionally been less prominent in
politics than men. No women stood as candidates in the parliamentary
elections. The country's dually accredited permanent representative to
the UN and ambassador to the United States was a woman. Women held some
senior civil service positions, including the head of the civil service
and the presidential counsel.
There were no members of minorities in the parliament or the
cabinet. The country has a small and almost entirely homogenous
Micronesian population.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, but
there are no financial disclosure laws or specific government agencies
responsible for combating government corruption. During the year there
were some allegations of corruption surrounding the election campaign.
There are no legal provisions for public access to government
information, and the Government did not freely provide such access.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
The Government did not restrict establishment of local human rights
organizations, but no such groups existed.
The Government cooperated with international governmental
organizations and permitted visits by UN representatives and other
organizations.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination on the basis of race,
place of origin, color, creed, or sex, and the Government generally
observed these provisions.

Women.--Rape is a crime punishable by up to life imprisonment.
However, there was no information regarding the extent of rape or
domestic violence. Police investigated all reports of rape thoroughly,
and cases were vigorously prosecuted by the courts. Spousal rape is not
specifically identified as a crime, but police investigated and filed
charges when allegations of rape were made against a spouse.
The Government kept no statistics on the incidence of physical or
domestic abuse of women. However, credible reports from women's
organizations indicated that sporadic abuse occurred, often aggravated
by alcohol use. Families normally sought to reconcile such problems
informally and, if necessary, communally. The police and judiciary
treated major incidents and unresolved family disputes seriously.
Some forms of sexual harassment are crimes, but sexual harassment
was not a serious problem.
Couples and individuals have the right to decide the number,
spacing, and timing of their children. The Government-run medical
system provided access to contraception and prenatal, obstetric, and
postpartum care free of charge. A Department of Health survey on
contraceptive use reported that 36 percent of surveyed married women
used some form of contraception. There were no figures available
regarding maternal mortality rates. Women and men had equal access to
diagnostic services and treatment for sexually transmitted infections,
including HIV.
The law grants women the same freedoms and protections as men. The
Government officially provides equal opportunities in education and
employment, and women may own property and pursue private interests. In
practice, however, societal pressures and the impoverished economic
circumstances often limited opportunities for women to exercise these
rights fully. The Women's Affairs Office was responsible for promoting
professional opportunities for women.

Children.--Citizenship is derived from one's parents. The
constitution also provides for acquisition of citizenship by birth in
the country in cases in which the person would otherwise be stateless.
Government resources for education and health care for children
were severely constrained by the economic crisis.
Child abuse statistics were not compiled, but anecdotal evidence
indicated that abuse occurred.
The minimum age for consensual sex is 17 years. The penalty for
unlawful carnal knowledge or attempted carnal knowledge of a girl under
age 17 is six years' imprisonment. ``Indecent treatment'' of a girl
under age 17 is a misdemeanor punishable by two years' imprisonment.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international child abduction, please see the Department of State's
annual report on compliance at http://travel.state.gov/abduction/
resources/congressreport/congressreport--4308.html

Anti-Semitism.--There was no known Jewish community and no reports
of anti-Semitic acts.

Trafficking in Persons.--In 2009 there were no confirmed reports
that persons were trafficked to, from, or within the country.

Persons With Disabilities.--The law does not specifically prohibit
discrimination against persons with disabilities. Nonetheless, there
was no reported discrimination against persons with disabilities in
employment, education, access to health care, or the provision of other
state services. No legislation mandates services for persons with
disabilities or access to public buildings. Department of Education
teachers provided rudimentary classes for a small group of students
with disabilities, which were held at a teacher's home, as no classroom
was available.
There is no government agency with specific responsibility for
protecting the rights of persons with disabilities. There are no formal
mechanisms to protect persons with mental disabilities.

National/Racial/Ethnic Minorities.--Ethnic Chinese composed
approximately 5 percent of the population. A pattern of petty theft,
property damage, and assault directed at the ethnic Chinese community
continued during the year. Police attributed most attacks on ethnic
Chinese to economic motivations and noted a general trend of theft-
related attacks on a few private businesses.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Sodomy is illegal, but there
were no reports of prosecutions directed at lesbian, gay, bisexual, or
transgender persons. There were no reports of violence or
discrimination against persons on the basis of sexual orientation or
gender identity.

Other Societal Violence or Discrimination.--There were no reports
of violence or discrimination against persons based on HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The constitution provides for the
right of citizens to form and belong to trade unions or other
associations. However, the country lacks labor laws and formal trade
unions. Historically, the transient nature of the mostly foreign
workforce hampered efforts to organize trade unions. Several small
associations, such as the Nauru Fishermen's Association, People's
Movement Association, and Buada Lagoon Owners' Association, offer
information on fisheries vocational skills and regulations.
The right to strike is not protected, prohibited, or limited by
law. There were no strikes during the year.

b. The Right to Organize and Bargain Collectively.--Although there
are no legal impediments, collective bargaining did not take place. A
tiny private sector, mostly family-run stores and restaurants, employed
approximately1percent of salaried workers. Salaries, working hours,
vacation periods, and other employment matters for government workers
are governed by public service regulations.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor, and there were no reports that
such practices occurred.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets the minimum age of employment at 17. The Department of Human
Resources and Labor is responsible for enforcing the law, which was
respected by the only two significant employers: the Government and the
phosphate industry. Some children under 17 worked in small family-owned
businesses.

e. Acceptable Conditions of Work.--The Government has a graduated
salary system for public service officers and employees. At lower
ranges the salaries did not provide a decent standard of living for a
worker and family. There was no minimum wage for private-sector
workers.
By regulation the workweek in both the public and private sectors
was 35 hours for office workers and 40 hours for manual laborers.
Neither the law nor regulations stipulate a weekly rest period;
however, most workers observed Saturdays and Sundays as holidays. There
were provisions for premium overtime pay only for public-sector
workers.
The Government sets some health and safety standards, which the
Department of Human Resources and Labor is responsible for enforcing.
The phosphate industry had a history of workplace health and safety
requirements and compliance, but with the decline of the industry,
enforcement of these regulations was lax. A gradual revival of the
industry, which continued during the year, was accompanied by
accusations that unfiltered dust discharge from the phosphate plant
exposed workers and the surrounding communities to a significant health
hazard. The Government did not act to eliminate the problem, citing
high costs. Workers have the right to remove themselves from situations
that endanger health or safety without jeopardy to their employment.

__________

NEW ZEALAND

New Zealand is a parliamentary democracy with a population of
approximately 4.3 million. Citizens choose their representatives in
free and fair multiparty elections, most recently held in 2008 when the
National Party won 58 parliamentary seats and formed a minority
coalition government with John Key as the prime minister. Security
forces reported to civilian authorities.
There were reports that indigenous persons disproportionately
experienced societal problems and that ethnic minority individuals
experienced societal discrimination.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and there were no
reports that government officials employed them.

Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, and the
Government permitted monitoring visits by independent human rights
observers.
On March 1, fellow inmates allegedly killed a prisoner at Auckland
Prison. Authorities charged three men with murder and a fourth as an
accessory and scheduled all four for a jury trial in Auckland in May
2011. The family complained that supervision at the prison was
inadequate.
At year's end the prison population was 8,423. Of these, 525 were
female, 524 were between the ages of 15 and 19, and 4,240
(approximately half) were prisoners of Maori descent. Male and female
prisoners were held in separate prison facilities under equivalent
conditions.
Persons accused of a crime who are 17 years of age or older are
tried as adults and, if convicted, sent to adult prisons. Juvenile
correctional facilities hold prisoners who are younger than 17.
Authorities allow prisoners at least one personal visit each week
for a minimum of 30 minutes, permit religious observance, and allow
them to make uncensored complaints to statutory inspectors or to the
ombudsmen. The Ombudsmen Office reports to Parliament annually on its
findings. The law provides for specified rights of inspection,
including those by members of Parliament (MPs) and justices of the
peace, and information was publicly available on complaints and
investigations, subject to the provisions of privacy legislation.
The law requires prison facilities to be inspected to ensure that
they meet minimum standards, and improvements were made when
deficiencies were identified.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over police, and the Government has
effective mechanisms to investigate and punish abuse and corruption.
There were no reports of impunity involving security forces during the
year.

Arrest Procedures and Treatment While in Detention.--A court-issued
warrant is usually necessary to make an arrest, but police may arrest a
suspect without a warrant if there is reasonable cause. Police officers
may enter premises without a warrant to arrest a person if they
reasonably suspect the person of committing a crime on the premises or
have found the person committing an offense and are in pursuit. Police
must inform arrested persons immediately of their legal rights and the
grounds for their arrest.
After arresting and charging a suspect, police may release the
person on bail until the first court appearance. Court bail is granted
after the first court appearance, unless there is a significant risk
that the suspect would flee, tamper with witnesses or evidence, or
commit a crime while on bail. Police do not normally grant bail for
more serious offenses such as assault or burglary. Authorities granted
family members prompt access to detainees and allowed detainees prompt
access to a lawyer of their choice and, if indigent, to a lawyer
provided by the Government.

e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.

Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right. Defendants
enjoy the rights found in other common-law jurisdictions, including a
presumption of innocence, a right to a jury trial, a right of appeal,
and the rights to counsel, to question witnesses, and to access
government-held evidence. The law extends these rights to all citizens.
A lawyer is provided at public expense if the defendant cannot afford
counsel.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, which includes access to the
Human Rights Review Tribunal and other courts to bring lawsuits seeking
damages and other remedies for alleged human rights abuses. There are
also administrative remedies for alleged wrongs through the Human
Rights Commission (HRC) and the Office of Human Rights Proceedings.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the Government generally
respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees. In practice
the Government provided protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened
on account of their race, religion, nationality, membership in a
particular social group, or political opinion. The Government also
provided temporary protection to individuals who may not qualify under
the definition of the 1951 UN Convention relating to the Status of
Refugees and its 1967 Protocol until their status was determined and
action taken.
During the year the country handled five stateless persons' cases,
in all of which the individuals claimed refugee status. In the case of
a Kuwaiti pending at the end of 2009, authorities granted the
individual refugee status. Authorities also opened four new cases
involving three Kuwaitis and one Palestinian. The Government granted
refugee status to the Palestinian and two of the Kuwaitis; the third
Kuwaiti's case remained pending at year's end.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections held on the basis of universal
suffrage.

Elections and Political Participation.--In the most recent general
elections, held in 2008, the National Party won 58 of 122 parliamentary
seats and formed a minority government in coalition with the ACT Party
and the United Future Party. The National-led government also had a
cooperation agreement with the Maori Party; under the terms of the
cooperation agreement, the National Party abandoned its opposition to
Maori-designated parliamentary seats. A good working relationship
existed between the Maori Party and the National Party government.
Three other parties were represented in Parliament: Labour, Green, and
Progressive.
Women participated fully in political life. There were 41 women
among the 122 MPs and eight women on the executive council, which is
composed of 28 ministers (20 within the cabinet and eight outside). The
chief justice of the Supreme Court was a woman. There was one woman in
the 24-seat parliament of the Associated State of the Cook Islands
following national elections on November 17 and four women in the 20-
seat parliament of the Associated State of Niue.
Seven seats in Parliament are reserved for persons of Maori
ancestry. The number of Maori seats is adjusted every five years, based
on the number of persons who register to vote on the Maori electoral
roll. Persons of Maori ancestry can also become MPs by election or
appointment to non-Maori conventional seats.
There were 20 Maori members, six members of Pacific Island descent,
and six members of Asian descent in Parliament. The cabinet included at
least three members of Maori ancestry.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented these laws effectively. There were
isolated reports of government corruption during the year. Efforts to
combat corruption and prosecution of corruption cases are handled
through the Ministry of Justice and the independent Serious Fraud
Office.
The law requires MPs, including all ministers, to submit an annual
report of financial interests, which is then disclosed publicly. Career
civil servants are not subject to this requirement but are subject to
ethics standards established by the State Services Commission.
The law provides for public access to government information,
including access for noncitizens and foreign media, to be provided
within 20 working days of a request, and the Government generally
adhered to the law in practice. Information must be made available
unless a good reason, such as concern for national security, exists for
not doing so; the Government did not abuse this provision. The
requester must be given an estimate of any fees before the information
is provided.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
The Ministry of Justice funds the active HRC, which operated as an
independent agency without government interference. The commission had
a staff of 60 and adequate resources to perform its mission. It
submitted more than 60 legal and policy interventions during the year
ending June 30, and the Government responded to its recommendations,
which led to several law changes. The HRC was considered effective, and
public confidence in it was high.
The Office of the Ombudsmen, an organization responsible to
Parliament but independent of the Government, is charged with
investigating complaints about the administrative acts, decisions,
recommendations, and omissions of national- and local-government
agencies; inspecting prisons; and following up on prisoner complaints.
The office enjoyed government cooperation, operated without government
or party interference, was adequately resourced, and was considered
effective and trusted by the public. The office produced a wide variety
of reports for the Government that were available on its Web site
www.ombudsmen.parliament.nz.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination on the basis of race, sex,
disability, age, and national or ethnic origin, and the Government
actively enforced these prohibitions.

Women.--Violence against women affected all socioeconomic groups.
The law criminalizes rape, including spousal rape. The maximum penalty
is 20 years' imprisonment; however, indefinite detention may occur in
cases where the parole board during its annual review believes that the
prisoner continues to pose a continuing threat to society. (The
Ministry of Justice reported no such cases during the July 2009 through
June 2010 period.) During the July 2009-June 2010 period, police
recorded 2,961 ``sexual attacks'' that resulted in 1,362 prosecutions,
an increase compared with 2,364 sexual attacks and 1,127 prosecutions
during the previous comparable period. In 2009 police recorded 21
offenses of spousal rape with 19 convictions and 77 charges of unlawful
sexual connection with a spouse with 73 convictions.
The Government's Task Force for Action on Violence Within Families
continued to coordinate a variety of government initiatives to
eliminate family violence, including its Te Rito program, a national
strategy to address all forms and degrees of domestic violence.
Police were responsive when domestic violence was reported. The
Government partially funded women's shelters, rape crisis centers,
sexual abuse counseling, family violence networks, and violence
prevention services.
The law prohibits sex tourism. The Government prosecuted in New
Zealand sexual offenses committed abroad, based upon evidence
collected, including photographs confiscated from the accused upon
reentry into the country.
The law prohibits sexual harassment and provides civil penalties.
However, sexual contact induced by certain threats may also fall under
the criminal code, with a maximum 14-year prison sentence. The HRC
published fact sheets on sexual harassment and made sexual harassment
prevention training available to schools, businesses, and government
departments on a regular basis.
The Government recognized the basic right of couples and
individuals to decide freely and responsibly the number, spacing, and
timing of their children, and granted access to information on
reproductive health free from discrimination, coercion, or violence.
The Government does not limit access to male contraception, and female
contraception is available without parental consent to women 16 years
and older. According to UN Population Fund data and the Population
Reference Bureau, the country's estimated maternal mortality ratio in
2008 was 14 deaths per 100,000 live births with a woman's lifetime risk
of maternal death of one in 3,800. The UN estimated contraceptive use
among married women ages 15-49 at 75 percent. Skilled healthcare for
women was widely available. Women and men were equally diagnosed and
treated for sexually transmitted infections, including HIV.
The Ministry of Women's Affairs addresses problems of
discrimination and gender equality, and there is a minister of women's
affairs in the cabinet. The HRC has an equal opportunity employment
team that focuses on workplace gender problems. This team regularly
surveys pay scales, conducts a census of women in leadership roles, and
actively engages public and private employers to promote compensation
equality.
While the law prohibits discrimination in employment and in rates
of pay for equal or similar work, the Government acknowledged that a
gender earnings gap persisted in practice. According to June 2009
Department of Labor (DoL) survey statistics, women earned more than 89
percent of the average hourly earnings for men.

Children.--Children born in the country attain citizenship if
either parent is a citizen or legal permanent resident of the country.
Children born outside of the country attain citizenship if either
parent is a citizen born in the country.
Cases of child abuse and neglect increased over previous years, but
according to the Ministry of Justice, it remained unclear whether this
trend identified in 2008 reflected higher levels of abuse and neglect,
or whether lower community tolerance stimulated increased reporting.
The Government promoted information sharing between the courts and
health and child-protection agencies to identify children at risk of
abuse. The Office of the Commissioner for Children played a key role in
monitoring violence and abuse against children.
Commercial sexual exploitation of children remained a problem. A
2007 nationwide study found that 1.3 percent of 772 surveyed sex
workers were underage. When discovered, law enforcement authorities
arrested and prosecuted the violators. Citizens who commit child sex
offenses overseas may be prosecuted in New Zealand courts. The law
makes it an offense punishable by seven years' imprisonment to assist a
person under 18 years of age in providing commercial sexual services;
to receive earnings from commercial sexual services provided by a
person younger than 18; or to contract for commercial sexual services
from, or be a client of, a person under 18. The law also makes it an
offense to deal in individuals younger than 18 for sexual exploitation
or engagement in enforced labor. The penalty for a person who sells,
buys, transfers, barters, rents, hires, or in any other way enters into
a dealing or takes an action involving a person under 18 for the
purposes of sexual exploitation or enforced labor is 14 years'
imprisonment.
On August 18, a court found a New Plymouth brothel owner guilty of
charges from 2008 of employing a 15-year-old girl as a prostitute in
2005 and scheduled sentencing in January 2011.
A 2007 prosecution in Christchurch relating to underage
prostitution resulted in a conviction on December 10 and a sentence of
six months' home detention and 200 hours' of community work.
The Government developed in concert with NGOs a national plan of
action against the commercial exploitation of children and operated
programs to reintegrate children out of prostitution through vocational
training and educational opportunities.
The law provides that any person who has a sexual connection with a
person younger than 16 years of age is liable to imprisonment for a
term not exceeding 10 years. However, no person may be convicted of
such a charge if he or she was married to the young person concerned at
the time.
The law prohibits child pornography and provides for a NZ$10,000
(approximately $7,500) fine of an individual, and NZ$30,000 ($22,500)
of a body corporate, if a person makes, imports, supplies, distributes,
possesses for supply, displays, or exhibits an objectionable
publication. The law also provides a penalty of 10 years' imprisonment
or a NZ$200,000 ($150,000) fine of a body corporate if a person commits
such an act knowing that the publication is objectionable. Possession
of objectionable material is also an offense punishable by a NZ$2,000
fine ($1,500) for an individual and NZ$5,000 ($3,750) for a body
corporate. A person possessing objectionable material and knowing it is
objectionable is liable to a penalty of 5 years' imprisonment or a
NZ$50,000 ($37,500) fine for an individual or a NZ$100,000 ($75,000)
fine for a body corporate. It constitutes an aggravating factor to be
taken into account in sentencing if the publication promotes or
supports exploitation of children or young persons for sexual purposes,
deals with sexual conduct with or by children or young persons, or
exploits nudity of children or young persons.
The Department of Internal Affairs Censorship Compliance Unit
actively policed images of child sex abuse on the Internet and
prosecuted offenders. The Government maintains extraterritorial
jurisdiction over child sex offenses committed by the country's
citizens abroad.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html as well as
country-specific information at http://travel.state.gov/abduction/
country/country--3781.html.

Anti-Semitism.--The Jewish community numbered approximately 7,000.
Anti-Semitic incidents were rare.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment; education; access to
places and facilities; and the provision of goods, services, housing,
and accommodation. During the year the HRC received 357 disability-
related complaints which represented 27 percent of the total complaints
received. Compliance with access laws varied. The Government is
prohibited from discriminating on the basis of physical, sensory,
intellectual, or mental disability, unless such discrimination can be
``demonstrably justified.''
The Government supported equal access for persons with disabilities
to polling facilities.
The Government's Office for Disability Issues worked to protect and
promote the rights of persons with disabilities. In addition, during
the year both the HRC and the Mental Health Commission continued to
address mental health problems in their antidiscrimination efforts.
In its December report, the HRC identified areas in which the
Government made progress in implementing the Convention on the Rights
of Persons with Disabilities. One highlighted area receiving complaints
was public land transport; an HRC inquiry found it to be
``significantly less available, less accessible, less affordable, and
less acceptable'' to persons with disabilities than to others. During
the year the Government undertook initiatives to improve accessibility
to public land transport, although the Government stated that gaps
remained.

National/Racial/Ethnic Minorities.--Pacific Islanders, who made up
7 percent of the population, experienced societal discrimination. The
Ministries of Justice and Pacific Island Affairs had a program to
identify gaps in delivery of government services to Pacific Islanders.
Asians, who made up 10 percent of the population, also reported
some societal discrimination. The Government mandates a Race Relations
Commissioner who developed a Diversity Action Program aimed at the
Maori, Pacific Island, and Asian communities. The program includes an
annual Diversity Forum to eliminate race-based discrimination that was
widely attended and considered effective.

Indigenous People.--Approximately 15 percent of the population
claimed at least one ancestor from the country's indigenous Maori
minority. The law prohibits discrimination against the indigenous
population. However, there was a continuing pattern of disproportionate
numbers of Maori on unemployment and welfare rolls, in prison, among
school dropouts, in infant mortality statistics, and among single-
parent households.
Maori constituted approximately half of the prison population and
42 percent of persons serving community-based sentences. The
Government, along with community partners, implemented several programs
and services to reduce Maori recidivism and overrepresentation in the
criminal justice system.
Government policy recognized a special role for indigenous persons
and their traditional values and customs, including cultural and
environmental problems that affected commercial development. The
Ministry of Maori Development, in cooperation with several Maori NGOs,
sought to improve the status of indigenous persons.
A 2004 law regulates ownership of the foreshore (the land between
high and low tide) and the seabed. The law grants ownership of the
foreshore and seabed to the state; provides for universal public
access; and establishes a mechanism to accommodate customary indigenous
rights of land use, including preservation of existing fishing rights.
The law continued to be the focus of protests by Maori groups asserting
customary title to the land and by non-Maori groups opposing such
claims. In addition various Maori leaders expressed differing views.
After a leader of the Maori Party, which cooperated with the National
Party-led government, introduced a bill repealing the law on September
15, a parliamentary select committee undertook to consult publicly and
report in early 2011.
During the year the Government settled two Maori claims related to
the 1840 Treaty of Waitangi, the country's founding document. By year's
end six additional groups signed deeds of settlement and were awaiting
legislation to make their deeds unconditional, and 36 other groups were
in various stages of negotiations with the Government. The Government
Web site found at http://www.ots.govt.nz continued to enable the public
to monitor treaty-settlement progress.
The Land and Water Forum (also known as the Land and Water Trust)
met in October and November to identify shared outcomes and goals for
freshwater and related land management. Maori Iwi (tribes) and trust
organizations actively participated in forum meetings, although
indigenous Maori rights and interests in freshwater resources are also
covered elsewhere.
Seventeen of the cases involving individuals investigated in 2005
and arrested in 2007, some of whom were Maori, remained pending at
year's end with trials on various weapons charges expected in 2011.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law prohibits abuse,
discrimination, and acts of violence based upon sexual orientation and
gender identity, and the Government generally enforced the law. During
the year the HRC received 187 discrimination complaints relating to
gender or sexual orientation (14 percent of all complaints). The
Ministry of Justice received no reports of societal violence or
discrimination based on sexual orientation.
On December 10, a court sentenced two men to nine and one-half
years and 10 years in prison, respectively, for the manslaughter of a
transsexual in 2009. One prison term was longer, because the court
determined the offense to be a hate crime.

Other Societal Violence or Discrimination.--The law prohibits
violence or discrimination against persons with HIV/AIDS, and there
were no such cases reported.
Section 7. Worker Rights

a. The Right of Association.--The law provides workers in public
and private sectors the right to form and join organizations of their
choice without previous authorization or excessive requirements, and
the law was applied. Nearly all unionized workers were members of
unions affiliated with the Council of Trade Unions, a federation that
included unions representing various trades and locations. A few small,
nonaffiliated labor unions also existed. According to DoL statistics
published in March 2009, unions represented 17 percent of all wage
earners.
The law allows unions to conduct their activities without
government interference, including the right to strike, and this right
was exercised in practice. Labor organization in the territory of
Tokelau (population approximately 1,470) was limited and based on
communal decision making and activity. In Niue, a self-governing
country in free association with New Zealand (population 1,625), the
dominant public sector (422 positions) had an active public-service
association. In the Cook Islands, also a self-governing country in free
association with New Zealand (official population 21,000; resident
population 13,000), most workers in the public sector, the major
employer, belonged to the Cook Islands Workers' Association, an
independent local union. Industrial relations in the Cook Islands are
governed by a simplified version of New Zealand's national legislation.
The law prohibits sworn police officers (which includes all
uniformed and plainclothes police but excludes clerical and support
staff) from striking or taking any form of industrial action. Disputes
that cannot be settled by negotiation between the police association
and management are subject to compulsory, final-offer arbitration.
Strikes by providers of ``key services'' are subject to certain
procedural requirements, including mandatory notice of three to 14
days, depending on the service involved. Key services include:
production, processing, and supply of petroleum products; production
and supply of electricity, water, and sewer services; emergency fire
brigade and police services; ambulance and hospital services;
manufacturing of certain pharmaceuticals and dialysis solutions;
operation of residential welfare or penal institutions; airport and
seaport operations; and dairy production operations. The listing of
some of these sectors is based on broader criteria than the
International Labor Organization's definition of ``essential
services.''
In response to potential industrial unrest, an October amendment to
labor law, according to the DoL, clarified and confirmed the employment
status of film-production workers to reflect that working relationships
in that industry are predominantly (but not exclusively) contract
based. While the legislation defines workers in the film industry who
are not employees as independent contractors but does not prevent film-
production-company employees from joining unions and bargaining
collectively, it does take away the court's ability to determine the
type of work arrangement in the screen film industry (regardless of the
actual work arrangement). Unions joined screen actors in protest of the
result.
A labor law amendment during the year extends the ability of
employers and employees to agree to trial periods of 90 days or less
for all employers, during which employees are not permitted to raise a
personal grievance for unjustified dismissal (a provision that drew
union criticism). However, employees may raise a personal grievance on
the grounds of sexual or racial harassment, discrimination, or
unjustified disadvantage. If an employment relationship problem arises
during the trial period, the employee and the employer may access
mediation services. Designed to improve labor-market flexibility and
encourage employment of new staff members, particularly from groups
that faced higher levels of labor-market disadvantage, the amendment
was scheduled to become effective in 2011.
The Employment Court has full and exclusive jurisdiction in matters
related to strikes or lockouts and may issue an injunction to prevent a
strike or lockout. The DoL also offers mediation in such cases.

b. The Right to Organize and Bargain Collectively.--The law
provides for the right of workers to organize and contract collectively
through unions, and workers exercised this right in practice. The law
governs industrial relations and promotes collective bargaining. To
bargain collectively, unions must be registered, be governed by
democratic rules, be independent, and have at least 15 members. Unions
may not bargain collectively on social or political issues.
The law prohibits uniformed members of the armed forces from
organizing unions and bargaining collectively. However, police have
freedom of association and the right to organize and bargain
collectively.
There were no special laws or exemptions from regular labor laws in
export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and the Government
generally enforced these provisions effectively. There were no reports
of forced labor during the year.

d. Prohibition of Child Labor and Minimum Age for Employment.--DoL
inspectors effectively enforced a ban on the employment of children
under the age of 15 in hazardous industries such as manufacturing,
mining, and forestry. Children under age 16 may not work between the
hours of 10 p.m. and 6 a.m. By law children enrolled in school may not
be employed, even outside school hours, if such employment would
interfere with their education.

e. Acceptable Conditions of Work.--On April 1, the Government
increased the minimum hourly wage to NZ$12.75 (approximately $9.55).
Combined with other regularly provided entitlements and welfare
benefits for low-income earners, this wage generally was adequate to
provide a decent standard of living for a worker and family. In
addition, the new entrants' wage for 16- to 17-year-old workers was
increased to NZ$10.20 (approximately $7.65) for nonsupervisory workers
with less than three months or 200 hours of employment. A majority of
the work force earned more than the minimum wage.
A 40-hour workweek is traditional. There are legal limits regarding
hours worked and premium pay for overtime work. The law does not
provide specifically for a 24-hour rest period weekly; however,
management and labor have accepted the practice, and it is the norm.
The law provides for a minimum four-week annual paid vacation and 11
paid public holidays. Employees who work on a paid holiday are entitled
to time and a half for that day and a day off with pay on another date.
The armed forces are exempted from this benefit.
Employees are accorded by law one paid 10-minute rest break during
a two- to four-hour work period, one paid 10-minute rest break and one
unpaid 30-minute meal break during a four- to six-hour work period, and
two paid 10-minute rest breaks and one unpaid 30-minute meal break
during a six- to eight-hour shift.
The law allows companies with 19 or fewer employees to hire new
workers for a trial period of up to 90 calendar days. Employers are
permitted to dismiss such new employees during this period without
cause as long as the decision is not based upon illegal discrimination.
The DoL is responsible for enforcing laws governing work
conditions. During the year the DoL received 9,246 health- or safety-
related employment complaints and 2,404 miscellaneous employment
complaints, and by year's end it completed 4,654 and 2,107
investigations of those complaints, respectively.
The Government mandates employers to provide health insurance for
their seasonal workers.
Extensive laws and regulations govern health and safety issues.
Employers are obliged to provide a safe and healthy work environment,
and employees are responsible for their own safety and health, as well
as ensuring that their actions do not harm others.
Workers have the legal right to strike over health and safety
issues, as well as the right to withdraw from a dangerous work
situation without jeopardy to continued employment. DoL inspectors
effectively enforced safety and health rules, and they had the power to
shut down equipment if necessary. The DoL normally investigated reports
of unsafe or unhealthy working conditions within 24 hours of
notification.

__________

PALAU

Palau is a constitutional republic with a population of
approximately 20,800. The president, vice president, and members of the
legislature (the Olbiil Era Kelulau) are elected for four-year terms.
There are no political parties. In the generally free and fair
elections held in November 2008, Johnson Toribiong was elected
president. Security forces reported to civilian authorities.
Problems were reported in the following areas: government
corruption, domestic violence, trafficking in persons, and
discrimination and abuse of foreign workers.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and there were no
reports that government officials employed them.

Prison and Detention Center Conditions.--Conditions in the
country's sole prison, although primitive, generally met international
standards. Overcrowding remained a problem. There were 79 prisoners,
including four women.
The few female prisoners were held in separate cells but were
permitted to mingle with male inmates during daylight hours.
Prisoners had access to visitors and held religious observance.
They were permitted to file complaints, and authorities investigated
allegations of mistreatment. Authorities also monitored prison
conditions.
No visits by independent human rights observers were requested or
made during the year. The Government does not have an ombudsman;
however, officials took measures to alleviate overcrowding through a
work-release program and other programs allowing prisoners to take
academic courses at a local community college; provided separate
confinement for juveniles; and had established procedures for
recordkeeping. Prisoners and detainees could raise problems through
private attorneys or court appointed attorneys.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.

Role of the Police and Security Apparatus.--The civilian
authorities maintained effective control over the national police and
marine police in Koror and Peleliu states. The Government has effective
mechanisms to investigate and punish abuse and corruption. Corruption
and impunity were not major problems.

Arrest Procedures and Treatment While in Detention.--The law
requires warrants for arrests. Warrants are prepared by the Office of
the Attorney General and signed by a judge. The law provides for a
prompt judicial determination of the legality of detention, and this
was observed in practice. Detainees were informed promptly of the
charges against them and had prompt access to family members and
lawyers. If a detainee could not afford a lawyer, the public defender
or a court-appointed lawyer was available. There was a functioning
system of bail.

e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.

Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right. The
Government has an independent public defender system.
Trials are public and are conducted by judges; there are no juries.
A 2008 amendment to the constitution changed the law to provide for
trial by jury, but the amendment had not been instituted due to lack of
funding. Defendants enjoy a presumption of innocence and a right of
appeal. They can question witnesses, present evidence on their own
behalf, and access government-held evidence in their cases. The law
extends these rights to all citizens.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters for lawsuits involving
allegations of human rights violations.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
rights in practice. An independent press, an effective judiciary, and a
functioning democratic political system combined to ensure freedom of
speech and of the press.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the Government generally
respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

Protection of Refugees.--The country is not a party to the 1951
Convention relating to the Status of Refugees or the 1967 Protocol
relating to the Status of Refugees. Its laws do not provide for the
granting of asylum or refugee status, and the Government has not
established a system for providing protection to refugees. In practice
the Government provided some protection against the expulsion or return
of refugees to countries where their lives or freedom would be
threatened on account of their race, religion, nationality, membership
in a particular social group, or political opinion. The Government did
not grant refugee status or asylum; however, the Government provided
temporary protection to individuals who may not qualify as refugees to
17 persons during the year.
In 2008, 11 Burmese refugees arrived from the Philippines seeking
asylum, and the Government permitted them to remain temporarily. A
UNHCR official interviewed the Burmese and granted them refugee status.
They received financial assistance from UNHCR while waiting for a third
country to accept them as refugees. Nine refugees had been resettled in
third countries by the end of the year.
In November 2009, six Uighurs arrived for temporary resettlement.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--In November 2008 voters
elected a new congress, Johnson Toribiong as president, and Kerai
Mariur as vice president. The president, vice president, and congress
serve four-year terms. The Council of Chiefs, consisting of the highest
traditional chiefs from each state, advises the president on
traditional laws and customs. Although there have been political
parties in the past, there were none during the year.
There are no legal impediments to women's participation in
government and politics. Two women were elected to the Senate in the
November 2008 general elections. Women constituted 16 percent of state
legislators. Three women served as state governors during the year.
Three female associate justices served in the Supreme Court, and five
of the country's nine judges were women. A woman was appointed to serve
as the attorney general.
There were two members of minorities in the House of Delegates.
Section 4. Official Corruption and Government Transparency
Government corruption was a problem, which the Government took some
steps to address. The law provides criminal penalties for official
corruption, and public officials are required to file annual financial
disclosure statements with the Ethics Commission. The Office of the
Special Prosecutor and the Office of the Public Auditor are responsible
for combating government corruption. The Office of the Special
Prosecutor has been vacant since March.
In July 2009 Senator and former president Tommy Remengesau, Jr. was
charged with 19 counts of violation of the code of ethics. Elected
officials are required annually to submit a list of assets and sources
of income to the Ethics Commission. Senator Remengesau did not disclose
all properties he owned in his 2000-03 annual ethics disclosure
statements. On November 9, the court found him guilty on 12 counts,
acquitted him on two counts, and dismissed five counts at the request
of the prosecution. In December he was ordered to pay $156,000 (the
U.S. dollar is the national currency) in fines, an equivalent to the
value of properties he did not disclose.
In February a state governor entered a plea agreement for one count
of misuse of public funds and one of misconduct in public office in
exchange for dismissal of money laundering charges. The governor was
charged previously in 2008 with 302 counts of embezzling state funds,
but the court dismissed the case without prejudice when the former
special prosecutor resigned. In March the governor was sentenced to
five years in jail and fined $10,000. The jail sentence was suspended
for six months. A state employee also was charged with embezzlement in
the same case. The governor and the state employee reportedly withdrew
more than $190,000 from the state bank account between 2002 and 2005
for their personal use.
The law provides for the right of citizens and noncitizens
including foreign media to examine government documents and observe
official deliberations of any government agency, and the Government
generally respected this provision in practice.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international groups concerned with human
rights generally operated without government restriction. Government
officials were cooperative and responsive to their views.
There were no visits by UN representatives or other international
governmental organization. There were no reports by international
groups on human rights violations.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status, and the Government generally observed these
provisions.

Women.--Rape, including spousal rape, is a crime punishable by a
maximum of 25 years of imprisonment. During the year there was no
reported case of rape.
There are no laws on domestic violence. Cases that would be
characterized as domestic violence are prosecuted as assault and
battery. Alcohol and drug abuse contributed to violence and crime
against women and children. According to the Office of the Attorney
General, the Ministry of Health, and women's groups, reported cases of
women and children as victims of crimes represented a relatively small
percentage of cases of actual abuse. Assault is a criminal offense,
punishable by up to six months in jail or a fine of up to $100, and the
police responded when such cases were reported; women, however, were
reluctant to press charges against their spouses. There were no
shelters for victims. The Government conducted public education efforts
to combat abuse against women and children.
Sexual harassment is illegal and did not appear to be a major
problem.
Couples and individuals had the right to decide the number,
spacing, and timing of children, and had the information and means to
do so free from discrimination. Access to information on contraception,
and skilled attendance at delivery and in postpartum care, were widely
available at the Government's Belau National Hospital. People have
access to contraceptive products available from Belau National
Hospital, private clinics, and department stores. According to the
Government, the maternal mortality rate was reported to be at zero in
2007. Women and men were given equal access to diagnostic services and
treatment for sexually transmitted infections, including HIV.
Women have the same legal rights as men and enjoy those rights.
There is no special government office to promote the legal rights of
women. The inheritance of property and of traditional rank is
matrilineal, with women occupying positions of importance within the
traditional system. There were no reported instances of unequal pay for
equal work or gender-related job discrimination. There are laws
protecting women from job discrimination and providing equal pay for
equal work. The Bureau of Aging and Gender, under the Ministry of
Community and Cultural Affairs, promotes gender workplace equality.
A local women's group held an annual conference on women's and
children's issues, including health, education, drug abuse,
prostitution, and traditional customs and values. Government officials,
including the president, vice president, ministers, and traditional
chiefs, participated.

Children.--Citizenship of a child is derived from the parents. A
child born to foreign national parents is registered as a citizen of
those countries.
There were no reports of child marriage.
There were no reports of children under the age of 18 years
engaging in prostitution. Commercial sexual exploitation of children is
not a problem, and there were no reported cases. There are no laws on
commercial sexual exploitation of children.
The age of consensual sex is 16 years, and penalties for statutory
rape is not more than five years jail term. The law does not
specifically address child pornography.
Children's rights generally were respected, although there were
isolated reports of child neglect. Law enforcement officers including
the Office of Victims of Crime aggressively investigated and prosecuted
cases of violence against children.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction.

Anti-Semitism.--There were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The constitution prohibits
discrimination against persons with physical or mental disabilities.
The Disabled Persons' Antidiscrimination Act and the Programs and
Services for Handicapped Children Act cover both persons with mental
disabilities and persons with physical disabilities, and the Government
enforced the provisions of these acts. No discrimination was reported
against persons with disabilities in employment, education, access to
health care, or the provision of other state services. The Government
provides a monthly stipend of $50 for persons with disabilities. The
law mandates access to buildings for persons with disabilities, and the
Government generally enforced these provisions in practice. The public
schools had special education programs to address problems encountered
by persons with disabilities.
The Government agency Ngak Mak Tang (Everyone Matters) is
responsible for protecting the rights of persons with disabilities.

National/Racial/Ethnic Minorities.--The law prohibits noncitizens
from purchasing land or obtaining citizenship. Foreign workers
constituted approximately 55 percent of the workforce. A majority of
citizens viewed the recent rapid increase in foreign workers
negatively. Foreign workers and their dependents, both documented and
undocumented, accounted for nearly a third of the population. Foreign
residents were subject to discrimination and were targets of petty and
sometimes violent crimes, as well as other harmful acts against the
persons and property. Foreign residents made credible complaints that
the authorities did not pursue or prosecute crimes committed against
noncitizens with the same vigor as crimes against citizens.
In addition some foreign nationals experienced discrimination in
employment, pay, housing, education, and access to social services,
although the law prohibits such discrimination.
The Division of Labor handles cases of workplace discrimination
against foreign workers.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There is no law criminalizing
sexual orientation. There were no reports of cases of violence or
discrimination based on sexual orientation.

Other Societal Violence or Discrimination.--There were no reports
of cases of violence or discrimination against person with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law provides for the right of all
persons to assemble peacefully and to associate with others for any
lawful purpose, including the right to join and organize labor unions.
However, there were no active labor unions or other employee
organizations; the majority of businesses were small-scale, family-run
enterprises employing relatives and friends.
The law does not provide for the right to strike, and the
Government has not addressed this issue. There were no workers' strikes
or protests during the year.

b. The Right to Organize and Bargain Collectively.--There is no law
concerning trade union organization or collective bargaining. Market
forces determine wages in the cash economy.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor; however, there were reports that such
practices occurred. There were also reports of foreign workers,
particularly domestic helpers and unskilled laborers, forced to accept
jobs different from those for which they were recruited. Employers
sometimes verbally threatened or withheld passports and return tickets
of foreign workers desiring to leave unfavorable work situations. The
Division of Labor works with employers and employees to address these
problems.
There were no reports of forced or compulsory labor by children.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law states that the Government shall protect children from
exploitation. The Division of Labor is responsible for enforcing laws
and regulations relating to child labor. There is no minimum age for
employment. Children typically were not employed in the wage economy,
but some assisted their families with fishing, agriculture, and small-
scale family enterprises.
By regulation no foreigner under age 21 may be admitted into the
country for employment purposes, and the Government generally enforced
this regulation effectively.
For information on trafficking in persons, please see the
Department of State's annual Trafficking in Persons Report at
www.state.gov/g/tip.

e. Acceptable Conditions of Work.--A 1999 law sets the minimum wage
at $2.50 per hour, but foreign workers are not included under the
minimum wage law. It generally was assumed that legislators
specifically exempted foreign contract workers from the minimum wage
law to ensure a continued supply of low-cost labor in industries that
the legislators often controlled. The national minimum wage provided a
decent standard of living for a worker and family. Anecdotal evidence
indicated that unskilled workers (usually foreigners) for commercial
firms were paid only $1.50 to $2.00 per hour; wages for domestic
helpers employed in private households were lower still. In addition to
their wages, foreign workers usually were provided basic accommodations
and food gratis or at nominal cost. The country continued to attract
foreign workers from the Philippines, China, and Bangladesh. During the
year there were more than 6,000 foreign nationals with work permits in
the country; of these, roughly 60 percent were from the Philippines, 15
percent from China, and 10 percent from Bangladesh.
There is no legislation concerning maximum hours of work. The
Division of Labor has established some regulations regarding conditions
of employment for nonresident workers. The division may inspect the
conditions of the workplace and employer-provided housing on the
specific complaint of the employees, but enforcement was sporadic.
Working conditions varied in practice.
Although there are occupational and safety standards, the law does
not specifically provide workers the right to remove themselves from
situations that endanger their health or safety without jeopardizing
their continued employment, and no law protects workers who file
complaints about such conditions. Anecdotal evidence suggested that
noncitizens would likely lose their employment if they removed
themselves from situations that endangered health or safety. Since
foreign workers generally are not permitted to change employers and
must depart the country if their contract ends for any reason, such
workers were reticent about reporting abuses. There were no reports to
the Government of violations of occupational health or safety standards
during the year. The Division of Labor enforces safety standards and
laws.
Reports of mistreatment of foreign workers by their employers
continued during the year. The foreign workers most likely to be abused
were those who worked under contracts as domestic helpers, farmers,
waitresses, beauticians, hostesses in karaoke bars and massage parlors,
construction workers, and other semiskilled workers, the majority of
whom were from the Philippines, China, and Bangladesh. The most
commonly reported abuses included misrepresentation of contract terms
and conditions of employment, withholding of pay or benefits, and
substandard food and housing. There were also complaints of physical
abuse. In a number of instances local authorities took corrective
action when alerted by social service and religious organizations. The
Division of Labor helped to resolve disputes or complaints between
employers and foreign workers.

__________

PAPUA NEW GUINEA

Papua New Guinea is a constitutional, federal, multiparty,
parliamentary democracy with a population of approximately 6.3 million
and more than 800 indigenous tribes. The most recent general elections,
held in 2007, were marred by bribery, voter intimidation, and influence
peddling. A coalition government, led by Prime Minister Michael Somare,
was formed following the elections. On December 14, Somare stepped
aside as prime minister after the public prosecutor requested the chief
justice to appoint a leadership tribunal to investigate allegations
that he failed to file annual income tax returns for a number of years,
and Deputy Prime Minister Sam Abal became acting prime minister.
Security forces reported to civilian authorities. There were some
instances in which elements of the security forces acted independently.
Human rights abuses during the year included arbitrary or unlawful
killings by police, severe police abuse of detainees, poor prison
conditions, police impunity, lengthy pretrial detention, infringement
of citizens' privacy rights, government corruption, violence and
discrimination against women, sexual abuse of children, trafficking in
persons, discrimination against persons with disabilities, intertribal
violence, violence against Asians, and ineffective enforcement of labor
laws.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
police killed a number of persons during the year. According to police
reports, most killings occurred during gunfights with criminal suspects
who were resisting arrest. However, public concern about police
violence persisted.
On November 5, correctional officers at Baisu Prison outside Mount
Hagen shot and killed five prisoners and wounded a number of others
during an escape attempt. One wounded prisoner subsequently died of his
wounds, and the body of a seventh was found in the Waghi River, which a
number of the escapees had tried to swim across. The officers
reportedly shot at the prisoners as they and other inmates attempted to
run away after scaling the prison wall. Police reportedly were
investigating the incident at year's end.
There were no further known developments in the following 2008
cases involving police actions: the death of a young man resulting from
a shootout between police and youths in Kimbe Province and the police
killings of three gunmen who tried to rob the Bank South Pacific in
West New Britain.
There were numerous press reports during the year of vigilante
killings and abuses, some of which were related to alleged involvement
in sorcery and witchcraft. For example, in July a mob attacked and
hacked to death a prison escapee wanted for robbery and murder in Lae
City. In September the Post Courier newspaper reported that, in a
village in the Western Highlands, a mother of four was beaten, bound
with barbed wire, and later burned alive for allegedly killing a man
from another tribe through sorcery. In October the Post Courier
reported that four persons, including an elderly couple, accused of
using sorcery to kill a tribal chief were tortured and then thrown into
the Waghi River in Chimbu Province. The incident had occurred in
September but was only reported to police in October. According to
police reports, the victims allegedly were badly beaten, tied up with
ropes, and dragged for several miles before being thrown into the fast-
flowing river. Police investigations found that the killings were
arranged and backed by the whole community.
No further information was available on the status of police
investigations into the following 2009 vigilante killings: the killing
of a woman by a group of men in Mount Hagen, allegedly for confessing
she had eaten a man's heart; the killing of a man and his son by
persons from Ban village near Mount Hagen; and the killing of three men
by members of a community in Sandaun Province for allegedly performing
witchcraft that resulted in a fellow resident's death.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices; however,
individual police members frequently beat and otherwise abused suspects
during arrests and interrogations, and in pretrial detention. There
were numerous press accounts of such abuses, particularly against young
detainees.
In May the UN special rapporteur on torture, Manfred Nowak, visited
the country on a fact-finding mission at the invitation of the
Government. He reported systemic beatings of detainees by police upon
arrest and within the first hours of detention, including during
interrogation. He also reported severe punishment of prison escapees
that he characterized as amounting to torture, including brutal
beatings with bush knives and gun butts, shooting detainees at close
range, and cutting detainees' tendons with axes and bush knives after
they were apprehended with the intent of disabling them. He further
reported that the victims usually were kept in cells without any
medical treatment, which sometimes even led to their death.
At year's end no further information was available on the status of
the 2009 case of alleged rape of a cleaning woman by officers at a
police station in Port Moresby.
There were no further known developments in the June 2008 police
shooting that resulted in the amputation of the suspect's leg and the
August 2008 police shooting and wounding of bank robbery suspect
William Kapris.

Prison and Detention Center Conditions.--Despite minor improvements
to existing cells and increased capacity, prison conditions remained
poor, and the prison system continued to suffer from serious
underfunding. Two prisons--in Tari, Southern Highlands and Daru,
Western Province--remained closed during the year due to tribal
conflicts and unresolved health issues, respectively. Neither prisons
nor police detention centers had medical care facilities. In some
police holding cells, detainees lacked bedding and sufficient food and
water. In November the National newspaper reported that problems with
the water supply at Baisu Prison outside Mount Hagen caused a dysentery
outbreak in which four inmates died.
Overcrowding in prisons and police cells remained a serious
problem. According to the correctional services commissioner, all
except five of the country's prisons experienced overcrowding during
the year. The commissioner also confirmed that during the year the
holding capacity of the country's prisons increased from approximately
3,600 beds to 4,366 beds, including a new facility opened in
Bouganville. At year's end, the number of inmates was 4,268,
approximately one-third of whom were pretrial detainees. There were 230
female inmates, including 150 convicted prisoners and 80 pretrial
detainees, and 151 juveniles, including 78 convicted prisoners and 73
pretrial detainees. While there were some improvements in the pace of
police investigations and an increase in the number of judges in the
magistrates' courts and the National Court, in some areas infrequent
court sessions, slow police investigations, and bail restrictions for
certain crimes continued to exacerbate overcrowding. Prison escapes
were common, even from high-security installations.
Male and female inmates usually were held separately, but some
rural prisons lacked separate facilities, and there were reports in the
past of assaults on female prisoners. During the year, 13 of the
country's 18 prison facilities had separate, detached accommodations
for juvenile offenders; the remaining five did not. To hold minors
waiting to be arraigned prior to posting of bail, there were three
juvenile reception centers located in Port Moresby, Lae, and Wewak, all
run by the Catholic Church; there was no longer a center operating in
Goroka, according to the correctional services commissioner. Human
Rights Watch reported that juveniles routinely were held with adults in
police detention cells, where in many cases they were assaulted by
older detainees. Police denied juvenile court officers access to police
cells. Pretrial detainees were held in the same prisons as convicted
prisoners but had separate cells.
Prisoners had reasonable access to visitors and were permitted
religious observance. Authorities permitted prisoners and detainees to
submit credible complaints of inhumane conditions without censorship to
the Ombudsman Commission for investigation or directly to the judicial
authorities. The Ombudsman Commission was mandated to visit prisons,
but could not effectively monitor and investigate prison conditions due
to lack of adequate funds and staff.
The Government permitted monitoring visits by independent human
rights observers, and one such visit was made during the year.
The Ombudsman Commission does not have specific authority to
investigate on its own initiative such matters as alternatives to
incarceration for nonviolent offenses; addressing status and
circumstances of confinement of juvenile offenders; and improving
pretrial detention, bail, and recordkeeping procedures to ensure
prisoners do not serve time beyond the maximum sentence for their
offense. However, the commission can investigate prisoner complaints
relating to such matters.

d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions.

Role of the Police and Security Apparatus.--A commissioner who
reports to the minister for internal security heads the national police
force, the Royal Papua New Guinea Constabulary. Internal divisions
related to clan rivalries and a serious lack of resources negatively
affected police effectiveness. Police impunity was a serious problem.
Police shootings are investigated by the police department's
Internal Affairs Office and reviewed by a coroner's court. If the court
finds that the shooting was unjustifiable or due to negligence, the
police officers involved are tried. Families of persons killed or
injured by police may challenge the coroner's finding in the National
Court, with the assistance of the Public Solicitor's Office. Cases of
accidental shootings of bystanders by police during police operations
are also investigated and reviewed by a coroner's court. Despite these
prescribed procedures, in many cases investigations remained
unresolved.
The Ombudsman Commission deals with public complaints and concerns
about members of the police force.

Arrest Procedures and Treatment While in Detention.--Under the law,
to make an arrest police must have reason to believe that a crime was
committed, is in the course of being committed, or will be committed. A
warrant is not required, and police made the majority of arrests
without one. Citizens may make arrests under the same standards as the
police, but this was rare in practice. Police, prosecutors, and
citizens may apply to a court for a warrant; however, police normally
did so only if they believed it would assist them in carrying out an
arrest.
Only National or Supreme Court judges may grant bail to persons
charged with willful murder or aggravated robbery. In all other cases,
police or magistrates may grant bail. Arrested suspects have the right
to legal counsel, to be informed of the charges against them, and to
have their arrests subjected to judicial review; however, the
Government did not always respect these rights. Detainees had access to
counsel, and family members had access to detainees.
Due to very limited police and judicial resources and a high crime
rate, suspects often were held in pretrial detention for lengthy
periods. Although pretrial detention is subject to strict judicial
review through continuing pretrial consultations, the slow pace of
police investigations, particularly in locating witnesses, and
occasional political interference or police corruption frequently
delayed cases for months. In addition, circuit court sittings were
infrequent because of shortages of judges and travel funds. Some
detainees were held in jail for up to two years because of the shortage
of judges.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.

Trial Procedures.--The legal system is based on English common law.
The law provides for due process, including a public trial, and the
court system generally enforced these provisions. Judges conduct trials
and render verdicts; there are no juries. Defendants have the right to
an attorney. The Public Solicitor's Office provides legal counsel for
those accused of ``serious offenses'' (charges for which a sentence of
two years or more is the norm) who are unable to afford counsel.
Defendants and their attorneys may confront witnesses, present
evidence, access government-held evidence, plead cases, and appeal
convictions. The law extends these rights to all citizens. The shortage
of judges created delays in both the process of trials and the
rendering of decisions.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. District courts may order
``good behavior bonds,'' commonly called ``protection orders,'' in
addition to ordering that compensation be paid for violations of human
rights. However, courts had difficulty enforcing judgments. In
addition, many human rights matters were handled by village courts,
which were largely unregulated. Village and district courts often were
hesitant to interfere directly in domestic matters. Village courts
regularly ordered that compensation be paid to an abused spouse's
family in cases of domestic abuse rather than issue a domestic court
order.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions; however,
there were instances of abuse. Police raids and searches of illegal
squatter settlements and homes of suspected criminals often were marked
by a high level of violence and property destruction. Police units
operating in highland regions sometimes used intimidation and
destruction of property to suppress tribal fighting.
At year's end there was no further information on the status of a
2009 lawsuit filed by landowners in Porgera against the police,
charging that, during an operation against alleged illegal mining and
criminal activity in the area, police also destroyed more than 300
homes of legal residents.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice. All newspapers included a variety
of editorial viewpoints and reported on controversial topics. There was
no evidence of officially sanctioned government censorship; however,
newspaper editors complained of intimidation tactics aimed at
influencing coverage.
In March Prime Minister Somare threatened to call reporters before
the Parliamentary Privileges Committee to oblige them to reveal the
names of politicians allegedly linked to crime. The prime minister made
the comment after reports appeared in the press that accused bank
robber William Kapris had claimed that unnamed ``politicians'' assisted
criminals. However, no reporters were called before the committee
during the year. In May a National Court judge ordered that the media
be prohibited from court proceedings against Kapris.

Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail. In practice
cost factors and lack of infrastructure limited public access to the
Internet. The International Telecommunication Union reported that
approximately 2 percent of the country's inhabitants used the Internet
in 2009.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly; however,
the Government often limited this right in practice. Public
demonstrations require police approval and 14 days' notice. Asserting a
fear of violence from unruly spectators, police rarely gave approval.
In May police interrupted a rally at Goroka National Park by
activists opposed to proposed government amendments to the Ombudsman
Commission and Forestry Acts. The Government briefly detained three
members of the group; they were released after approximately a half
hour of questioning. Later during the rally, police reportedly
intervened again and told the group's leader, anticorruption activist
Noel Anjo, to avoid making personal attacks on the prime minister and
other senior ministers.
In September police denied approval for a planned nationwide
protest march led by Anjo against controversial constitutional
amendments made by Parliament to the Ombudsman Commission Act. Police
had allowed earlier protests against the amendments to take place in
Port Moresby and Lae in May.

Freedom of Association.--The constitution provides for freedom of
association, and the Government generally respected this right in
practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the Government did not use it.

Protection of Refugees.--The country's laws do not provide for the
granting of asylum or refugee status, and the Government has not
established a system for providing protection to refugees. The
Government did not grant refugee status or asylum. In practice the
Government provided protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened
on account of their race, religion, nationality, membership in a
particular social group, or political opinion. The Government also
provided temporary protection to individuals who may not qualify as
refugees.
With support from the UNHCR, the Government continued to provide
protection to approximately 2,300 persons residing at the East Awin
refugee settlement who fled the Indonesian province of West Papua
(formerly Irian Jaya). Another 5,000 such persons, classified by the
Government as ``border crossers,'' lived in villages adjacent to the
border with Indonesia, and approximately 2,400 lived in urban areas,
including the capital, Port Moresby. During the year the UNHCR assisted
four persons to return to West Papua.
Registered refugees residing in the East Awin refugee settlement
were granted a certificate of identity that allowed them to travel
freely within the country and to West Papua.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic but flawed elections based on universal suffrage.

Elections and Political Participation.--The most recent general
election was held in 2007. Bribery, voter intimidation, and undue
influence were widespread in some parts of the country during the
election. After the election the National Court registered 53 election
petitions that alleged illegal practices. By the end of 2009 (the
latest information available), 28 petitions were dismissed and 14 were
withdrawn, two by-elections and four judicial recounts were ordered,
and court decisions were pending on the remaining five petitions.
In May presidential and parliamentary elections were held for the
Government of the autonomous Bougainville province. International
observers deemed the elections generally free and fair. John Momis was
elected president, defeating the incumbent and several other
challengers.
Political parties could operate without restriction or outside
influence. In February the governor of the National Capital District
launched a new political party, the United Democratic Front, with a
stated goal of fighting government corruption.
There is no law limiting political participation by women, but the
deeply rooted patriarchal culture impeded women's full participation in
political life. There was one woman in the 109-seat Parliament. She
served as minister of community development, the only cabinet position
held by a woman. There was one female National Court justice and no
female provincial governors.
There were six minority (non-Melanesian) members of Parliament
(MPs). Of these, two were in the cabinet, and three were provincial
governors.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
officials often engaged in corrupt practices with impunity.
Corruption at all levels of government was a serious problem due to
weak public institutions, leadership, and governance; lack of
transparency; politicization of the bureaucracy; and the use of public
resources to meet traditional clan obligations.
In February Parliament's Public Accounts Committee commented on
examinations it undertook of the accounting standards and handling of
public monies by government entities. The committee reported that, of
the nearly 1,000 agencies examined between 2003 and 2008, only five
were found to be acceptably accountable and transparent in their use of
public funds. In March the director of the National Research Institute
stated that in many cases public development projects were not
implemented because the funds allocated were stolen by public
officials.
In June Finance Minister Patrick Pruaitch was suspended from office
after the Supreme Court ruled that under the law an official referred
to a leadership tribunal for allegations of official misconduct is
automatically suspended from office. Pruaitch had been referred to such
a tribunal; his appeal of the referral was pending at year's end.
In October the former police operations commander for the National
Capital District, Andy Bawa, was arrested and charged with two counts
of official corruption. The charges involved receiving a double salary
since January 2008--one from the police force and another from another
government agency. Bawa was suspended without pay pending the outcome
of his court case. In November the National Executive Council (NEC)
suspended then police commissioner Gari Baki for allegedly misleading
the NEC into obtaining 10 million kina (approximately $4 million) for
police operations at the liquefied natural gas project site in the
Southern Highlands Province. The NEC asserted that the funds were not
actually necessary. The NEC also ordered investigations into Baki's
four years as police commissioner. The acting commissioner, who
replaced Baki, offered Andy Bawa his job back; however, Bawa declined
to resume the post until the courts ruled in his case. At year's end,
investigations were still ongoing, and Bawa's case was still before the
courts.
In November MP Tonny Puana was arrested and charged with
misappropriation of funds and false pretenses; however, the case had
not been referred to the Public Prosecutor's Office for prosecution by
year's end.
At year's end, charges of misappropriation of funds filed in 2009
against former Southern Highlands governor Hami Yawari were still
awaiting assignment of trial dates before the National Court.
There was no further information available on the status of the
Ombudsman Commission's investigation of two 2008 cases: one involving
allegations that representatives of a foreign government had offered 80
million kina (approximately $31.1 million) to government officials in
exchange for establishing diplomatic relations and another in which the
media claimed that a government minister had 100 million kina
(approximately $38.9 million) in a foreign bank account.
Public officials are subject to financial disclosure laws as
stipulated in the leadership code of conduct. The Ombudsman Commission,
Leadership Tribunal, and Public Accounts Committee are key
organizations responsible for combating government corruption.
On December 14, Prime Minister Somare stepped aside as prime
minister after the acting public prosecutor requested the chief justice
to appoint a leadership tribunal to investigate allegations that he
failed to file income tax statements or filed incomplete statements
with the Ombudsman Commission on a number of occasions between 1993 and
2005. The commission had referred the matter to the Public Prosecutor's
Office. At year's end, a leadership tribunal had not yet been
appointed. Deputy Prime Minister Sam Abal was appointed acting prime
minister and remained in that position at year's end, pending
resolution of the case against Somare.
In April, despite widespread public opposition, Parliament took a
preliminary vote to pass an amendment to the constitution that removes
the power of the Ombudsman Commission to issue directives to
individuals and organizations to preserve and uphold the conduct of
public office holders. The Ombudsman Commission had used this power to
issue directives preventing payments from public funds to officeholders
it believed were using such funds improperly. As of year's end, a final
vote on the bill proposing the amendment had not taken place in
Parliament.
No law provides for public access to government information. The
Government published frequent public notices in national newspapers and
occasional reports on specific issues facing the Government; however,
it generally was not responsive to individual requests, including media
requests, for access to government information.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were somewhat cooperative and responsive to their views.
As of year's end, there were no further known developments in the
investigation of the December 2009 shooting and wounding of Chief
Ombudsman Commissioner Chronex Manek by unknown assailants.
The Government cooperated with international governmental
organizations and permitted visits by UN representatives and other
organizations. The UN special rapporteur on torture visited the country
during the year (see section 1.c.).
The Ombudsman Commission is responsible for investigating alleged
misconduct and defective administration by governmental bodies, alleged
discriminatory practices by any person or body, and alleged misconduct
in office by leaders under the Leadership Code. It operated without
government or political party interference; however, constraints in
staffing resources often caused delays in investigations and thus in
completion and release of reports. The commission presented a report to
Parliament in December 2009 on the entry, arrest, detention, and
transportation of former Solomon Islands attorney general Julian Moti
from Papua New Guinea to Solomon Islands in 2006 while he was facing
charges of having sex with a child in Australia. The report, which was
tabled in Parliament in March, found that a number of the country's
laws had been breached when Moti was flown to the Solomon Islands in a
Papua New Guinea military aircraft. The report also found that the
directions had come from Prime Minister Somare. As of year's end, the
Government had taken no further action in the matter.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides for equal protection under the law
irrespective of race, tribe, place of origin, color, or sex; however,
enforcement of the provisions was not effective.

Women.--Violence against women, including gang rape and domestic
violence, was a serious and prevalent problem.
Rape, including spousal rape, is a crime punishable by
imprisonment, and prison sentences were imposed on convicted
assailants, but few rapists were apprehended. The willingness of some
communities to settle incidents of rape through material compensation
rather than criminal prosecution made the crime difficult to combat.
The legal system allows village chiefs to negotiate the payment of
compensation in lieu of trials for rapists.
Human Rights Watch (HRW) documented five cases of gang rape
allegedly committed in 2009 and 2010 by members of a private security
force employed at the Porgera gold mine site in Enga Province. The
reported assaults all took place on or near the waste dumps surrounding
the mine; most of the victims were illegally mining on the dumps. HRW
reported further that police and the mining company both opened
investigations into these and other allegations of sexual violence by
security personnel at the site, and the investigations were continuing
as of November.
Domestic violence was common and is a crime. However, since most
communities viewed domestic violence as a private matter, few victims
pressed charges, and prosecutions were rare. Widespread sexual violence
committed by police officials and their unresponsiveness to complaints
of sexual or domestic violence served as barriers to reporting by both
women and men. Traditional village mores, which served as deterrents
against violence, were weak and largely absent when youths moved from
their villages to larger towns or to the capital. According to Amnesty
International (AI), approximately two-thirds of women in the country
have been hit by their partners, with the number approaching 100
percent in parts of the Highlands. AI reported that there were only
three shelters for abused women in Port Moresby, all privately run; the
situation was even worse outside the capital.
Violence committed against women by other women frequently stemmed
from domestic disputes. In areas where polygyny was customary, an
increasing number of women were charged with murdering one of their
husband's other wives. Independent observers indicated that
approximately 90 percent of women in prison had been convicted for
attacking or killing another woman.
Sexual harassment is not illegal, and it was a widespread problem.
Under the country's family planning policy, couples and individuals
have the right to decide freely and responsibly the number, spacing,
and timing of their children free from violence and coercion. However,
in practice the decision of the husband or male partner on such matters
usually prevailed over the wishes of the woman. Access in practice to
contraception and adequate prenatal, obstetric, and postnatal care was
hindered by logistical problems faced by the Health Department in
distributing supplies. Medical facilities also were limited in their
capacity to provide adequate services to the growing population.
According to indicators published by the Population Research Bureau, 26
percent of married women between the ages of 15 and 49 used some form
of contraception. According to the UN report Trends in Maternal
Mortality: 1990-2008, the country's estimated maternal mortality ratio
was 250 deaths per 100,000 live births. Women and men had equal access
to diagnosis and treatment for sexually transmitted infections,
including HIV.
The laws have provisions for extensive rights for women dealing
with family, marriage, and property disputes. Some women have achieved
senior positions in business, the professions, and the civil service;
however, traditional discrimination against women persisted. Many
women, even in urban areas, were considered second-class citizens.
Women continued to face severe inequalities in all spheres of life:
social, cultural, economic, and political. There is no employment
antidiscrimination law.
Village courts tended to impose jail terms on women found guilty of
adultery while penalizing men lightly or not at all. By law a district
court must endorse orders for imprisonment before the sentence is
imposed, and circuit-riding National Court justices frequently annulled
such village court sentences. Polygyny and the custom in many tribal
cultures of paying a ``bride price'' tended to reinforce the view that
women were property. In addition to the purchase of women as brides,
women sometimes were given as compensation to settle disputes between
clans, although the courts have ruled that such settlements denied the
women their constitutional rights.
According to statistics published by the UN Educational, Social,
and Cultural Organization, women continued to lag behind men in
literacy and education; 53 percent of women were literate, compared
with 62 percent of men. The Ministry of Community Development was
responsible for women's issues and had considerable influence over the
Government's policy toward women.

Children.--Citizenship is derived through birth to a citizen
parent.
Primary education was not free, compulsory, or universal.
Substantial fees were charged and posed a significant barrier to
children's education. Many children did not progress further than
primary school. With foreign funding assistance, the Government
abolished school fees for students in grades one and two in an effort
to increase primary school enrollment.
Boys and girls had equal access to medical care, but many children
did not receive effective care. Government-provided free medical care
for citizens, including children, was no longer available due to budget
cuts and deteriorating infrastructure, particularly in rural areas.
Sexual abuse of children was believed to be frequent. Independent
sources confirmed that, in two major cities, 1,000 or more cases of
child sexual abuse were reported in 2009. Incest is a crime and
reportedly increased in frequency. There were cases of commercial
sexual exploitation of children in urban areas, including minors
working in bars and nightclubs. HRW documented numerous instances of
police abuse of children.
The legal age for marriage is 18 for boys and 16 for girls. There
is a lower legal marriage age (16 for boys and 14 for girls) with
parental and court consent. However, customary and traditional
practices allow marriage of children as young as age 12, and child
marriage was common in many traditional, isolated rural communities.
Child brides frequently were taken as additional wives or given as
brides to pay family debts and often were used as domestic servants.
Child brides were particularly vulnerable to domestic abuse.
The minimum age for consensual sex is 16. The maximum penalty for
violators is 25 years' imprisonment or, if the child is under age 12,
life imprisonment. Child pornography is illegal; penalties range from a
minimum of five to a maximum of 15 years' imprisonment.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction.

Anti-Semitism.--There was no known Jewish community in the country,
and there were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The constitution prohibits
discrimination against persons with physical or mental disabilities;
however, there are no antidiscrimination laws. Persons with physical,
sensory, intellectual, and mental disabilities faced discrimination in
education, training, and employment. No legislation mandates
accessibility to buildings, and most buildings were not accessible.
There were no policies or programs to assist persons with disabilities
in obtaining access to communications and information.
Through the National Board for the Disabled, the Government granted
funds to a number of nongovernmental organizations that provided
services to persons with disabilities. The Government provided free
medical consultations and treatment for persons with mental
disabilities, but such services were rarely available outside major
cities. In several provinces, apart from the traditional clan and
family system, services and health care for persons with disabilities
did not exist. Most persons with disabilities did not find training or
work outside the family structure.

National/Racial/Ethnic Minorities.--Centuries-old animosities among
isolated tribes, a persistent cultural tradition of revenge for
perceived wrongs, and the lack of police enforcement sometimes resulted
in violent tribal conflict in the highland areas. During the year
tribal fighting continued in the highlands provinces. In the last few
years, the number of deaths resulting from such conflicts continued to
rise due to the increased availability of modern weapons.
On September 9, mobs attempted to break into and loot Asian
businesses in Goroka, Eastern Highlands Province. The businesses
remained closed for the day and police dispersed the crowds. A
parliamentary committee appointed to investigate the widespread
violence directed at Asian businesses in the country in 2009 had not
issued a report as of year's end.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Sodomy and acts of ``gross
indecency'' between male persons are illegal. The maximum penalty for
sodomy is 14 years' imprisonment and, for acts of gross indecency
between male persons (a misdemeanor), three years. However, there were
no reports of prosecutions directed at lesbian, gay, bisexual, or
transgender (LGBT) persons under these provisions during the year.
There were no specific reports of societal violence or discrimination
against LGBT persons, but they were vulnerable to societal
stigmatization.

Other Societal Violence or Discrimination.--There were no reports
of government discrimination against persons with HIV/AIDS; however,
there was a strong societal stigma attached to HIV/AIDS infection that
prevented some individuals from seeking HIV/AIDS-related services. The
nongovernmental Business Coalition against HIV/AIDS worked to combat
discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law provides for the right of
workers in both the public and private sectors to form and join labor
unions, subject to registration by the Department of Labor and
Industrial Relations (DLIR), and workers exercised this right in
practice. The Government did not use registration to control unions;
however, an unregistered union has no legal standing and thus cannot
operate effectively. An estimated one-half of the approximately 250,000
wage earners in the formal economy were members of approximately 50
trade unions. The Public Employees Association represented an estimated
12,000 persons employed by national, provincial, and municipal
governments, or one-third of the public-sector workforce. Unions were
independent of both the Government and political parties.
The law provides for the right to strike for workers in both the
private and public sectors, although the Government may and often did
intervene in labor disputes to require arbitration before workers may
legally strike. The law prohibits retaliation against strikers, but the
DLIR did not always enforce the law. Employees of some government-owned
enterprises went on strike on several occasions during the year,
primarily to protest against privatization policies or in pay disputes.
In most cases the strikes were brief and ineffective.

b. The Right to Organize and Bargain Collectively.--Workers in both
the public and private sectors have the right to organize and engage in
collective bargaining, and workers exercised these rights in practice.
However, under the law the Government has discretionary power to cancel
arbitration awards or declare wage agreements void when they are
contrary to government policy. The DLIR and the courts are involved in
dispute settlement. Wages above the minimum wage were set through
negotiations between employers and employees or their respective
industrial organizations.
The law prohibits antiunion discrimination by employers against
union leaders, members, and organizers; however, the DLIR enforced the
law selectively.
Antiunion practices were widespread in the logging industry, which
was known for extremely low wages and poor working conditions,
including debt bondage and cramped and unhygienic accommodation of
workers. In July the International Transport Workers' Federation (ITF)
reported that members of the ITF-affiliated Papua New Guinea Maritime
and Transport Workers' Union employed by the fishing company Frabelle
reportedly were told by their employer that they would lose their jobs
unless they agreed to sign a petition giving up their union membership.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor, but there were reports that such
practices occurred.
There were instances of women and children forced into involuntary
domestic servitude, often by members of their immediate family or
tribe, and of men forced to work in logging and mining camps. There
were also reports of a growing number of foreign workers, particularly
from China and other Pacific nations, entering the country illegally
and being subjected to conditions of forced labor.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law establishes the minimum working age as 16; for hazardous work, the
minimum age is 18. However, children between the ages of 11 and 18 may
be employed in a family business or enterprise, provided they have
parental permission, a medical clearance, and a work permit from a
labor office. This type of employment was rare, except in subsistence
agriculture. Work by children between the ages of 11 and 16 must not
interfere with school attendance. There were children selling
cigarettes, food, CDs, and DVDs on the street and in grocery stores
near mining and logging camps. Some children (primarily girls) worked
long hours as domestic servants in private homes, often to repay a
family debt to the ``host'' family. In some cases the host family was a
relative who had informally ``adopted'' the child. The DLIR is
responsible for enforcing child labor laws; however, enforcement was
not effective.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

e. Acceptable Conditions of Work.--The Minimum Wage Board, a quasi-
governmental body with labor and employer representatives, sets minimum
wages for the private sector. In April 2009 the board increased the
minimum wage to 100.80 kina (approximately $39) per week and also
abolished the separate, lower youth wage for new entrants into the
labor force between the ages of 16 and 21. Although it was above the
national per capita income, the minimum wage did not provide a decent
standard of living for a worker and family who lived solely on the cash
economy.
The law regulates minimum wage levels, allowances, rest periods,
holiday leave, and overtime. The law limits the workweek to 42 hours
per week in urban areas and 44 hours per week in rural areas, and it
provides for premium pay for overtime work. The law provides for at
least one rest period of 24 consecutive hours every week. Although the
DLIR and the courts attempted to enforce the law, they were not
effective.
The DLIR is also responsible for enforcing the Industrial Health
and Safety Law and related regulations. The law requires inspection of
work sites on a regular basis; however, due to a shortage of
inspectors, inspections took place only when requested by workers or
unions.
Workers' ability to remove themselves from hazardous working
conditions varied by workplace. Unionized workers had some measure of
protection in such situations. The law protects legal foreign workers.
Many illegal foreign workers lacked full legal protection and were
vulnerable to exploitation and abuse.

__________

PHILIPPINES

The Philippines, with a population of 94 million, is a multiparty
republic with an elected president and bicameral legislature. On May
10, approximately 75 percent of registered citizens voted in automated
elections for president, both houses of congress, and provincial and
local governments. The election was generally free and fair, but was
marked by some violence and allegations of vote buying and electoral
fraud. Long-running Communist and separatist insurgencies affected the
country. Security forces reported to civilian authorities.
Arbitrary, unlawful, and extrajudicial killings by elements of the
security services and political killings, including killings of
journalists, by a variety of state and non-state actors continued to be
serious problems. Concerns about impunity persisted. Members of the
security services physically and psychologically abused suspects and
detainees, and there were instances of torture. Pretrial detainees and
convicts were often held in overcrowded, substandard conditions.
Disappearances occurred, and arbitrary or warrantless arrests and
detentions were common. Trials were delayed, and procedures were
prolonged. Corruption was endemic. Leftist and human rights activists
reported harassment by local security forces. Problems such as violence
against women, abuse of children, child sexual exploitation,
trafficking in persons, child labor, and ineffective enforcement of
worker rights were common.
In addition to killing soldiers and police officers in armed
encounters, rogue elements of the separatist Moro Islamic Liberation
Front (MILF) and terrorist Abu Sayyaf Group (ASG), Jemaah Islamiya
(JI), and New People's Army (NPA)--the military wing of the Communist
Party--killed local government officials and other civilians. These
same groups also were linked with bombings that caused civilian
casualties and kidnappings for ransom. The MILF, ASG, and NPA
reportedly used child soldiers in combat or auxiliary roles.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--Security forces and
antigovernment insurgents committed a number of arbitrary and unlawful
killings, including in connection with combat operations between
government forces and Muslim rebels in parts of Mindanao (see section
1.g.). The Commission on Human Rights (CHR), an independent government
agency, investigated 53 new complaints of politically motivated
killings involving 67 victims during the year. The CHR suspected
personnel from the Philippine National Police (PNP) and the Armed
Forces of the Philippines (AFP) in some killings of leftist activists
operating in rural areas. Suspects in other cases were ordinary
citizens or remained unknown. The nongovernmental organization (NGO)
Task Force Detainees of the Philippines (TFDP) also reviewed
allegations of summary executions by government security forces. The
TFDP was unable to investigate all allegations it received but counted
nine cases involving 11 victims of summary executions by government
forces during the year. Karapatan, another NGO, recorded 44 victims of
extrajudicial killings.
The PNP's Task Force Usig (TFU), responsible for monitoring
extrajudicial killings, has recorded 161 cases of killings since 2001.
The TFU, which uses different criteria than the CHR, identified nine
new cases of extrajudicial killings during the year. Of the 161 cases
monitored by the TFU, 99 were filed in court and prosecutors' offices,
61 were under investigation, and one case was closed. There were no
convictions of state actors during the year.
Killings of activists, judicial officials, and local government
leaders continued to be serious problems. On March 1, two unidentified
armed men shot and killed antimining activist Gensun Agustin in
Calamegatan, Cagayan. On June 14, two armed men shot and killed peasant
worker and human rights activist Benjamin Bayles in Buenavista,
Himamaylan City, Negros Occidental. Two members of the AFP were
arrested and charged with the murder. On July 5, Fernando Baldomero, a
municipal councilor of Lezo, Aklan, and provincial coordinator of a
leftist group, was shot and killed in Kalibo, Aklan. Murder charges
were filed against two suspects on August 2, but no arrests were made.
In separate incidents on July 9, unidentified armed men shot and killed
peasant leader Pascual Guevarra in San Isidro, Laur Town, Nueva Ecija,
and elementary school teacher-activist Mark Francisco in Malibas,
Masbate. Both cases remained under investigation at year's end.
On May 18, unidentified armed men shot and killed Judge Andres
Cipriano in Aparri, Cagayan. There were no available witnesses, and no
case was filed. On October 4, Judge Reynaldo Lacasandile was shot and
killed in Vigan City. The National Bureau of Investigation filed murder
charges against seven persons on November 8 in connection with the
killing.
On May 9, the day prior to national elections, two persons were
killed and 12 wounded when a hand grenade was thrown inside a mosque in
Pikit, North Cotabato. No group claimed responsibility for the attack,
which authorities viewed as politically motivated.
Vigilante groups, including those with suspected ties to state
actors, were suspected of summary killings of adult criminals and
minors involved in petty crime in major metropolitan areas. The
Coalition Against Summary Execution recorded 74 cases of apparent
vigilante killings in Davao City from January through October. The CHR
concluded its public hearings on the Davao killings in 2009 but had not
released its report by year's end. The international NGO Human Rights
Watch's April 2009 report on the Davao killings concluded that members
of the police and local officials were involved or complicit.
Authorities made no arrests in vigilante killings cases.
On September 8, the trial started for 19 suspects accused of
involvement in the November 2009 massacre of 58 individuals in
Maguindanao. An additional 32 suspects were arraigned and in pretrial
detention. An additional 146 suspects remained at large, including 10
police officers and four soldiers.
Government forces, terrorist groups, and armed groups killed a
number of civilians during clashes (see section 1.g).
Investigations of other cases from 2009 and 2008 were ongoing.

b. Disappearance.--During the year, the CHR investigated 10 new
cases of enforced disappearances, abductions, and kidnappings involving
16 victims. Of the 16 victims, eight returned to their families and
reported they had not been detained or kidnapped, one was found alive
and in police custody, two were found dead, and five remained missing
as of year's end. CHR investigations found that PNP and AFP personnel
were implicated in five of the 10 disappearance cases. Four cases
remained under investigation, four cases were closed when the victims
resurfaced, and two cases were closed and terminated when the family
declined to pursue them. During the reporting period, the NGO Families
of Victims of Involuntary Disappearances (FIND) monitored four reported
disappearance cases involving eight victims. At year's end, five
victims were still missing, two were found dead, and one was found
alive.
Some victims' families complained that the courts and police failed
to address adequately their complaints concerning disappearances in
which security forces were suspected. Evidence of a kidnapping or
killing is required to file charges. FIND and other NGOs continued to
support the efforts of victims' families to press charges. In most
cases evidence and documentation were unavailable, and convictions were
rare.
There were no developments in earlier disappearance cases, and
there were no convictions for disappearance cases during the year. The
decision as to whether to grant the petition for a writ of amparo
providing the court's protection to the family of indigenous rights
activist James Balao, who disappeared in 2008, remained pending before
the Supreme Court.
Investigative and judicial inaction on previous cases of
disappearance contributed to a climate of impunity and undermined
public confidence in the justice system.
Terrorist and criminal groups committed a number of kidnappings for
ransom in the southern Philippines (see section 1.g.).

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits torture, and evidence obtained
through its use is inadmissible in court; however, members of the
security forces and police were alleged to have routinely abused and
sometimes tortured suspects and detainees. According to the CHR and
human rights groups, the use of excessive force and torture remained an
ingrained part of the arrest and detention process. Common forms of
abuse during arrest and interrogation included electric shock,
cigarette burns, and suffocation.
The CHR investigated 22 cases of alleged torture involving 93
victims, with police, military, and other law enforcement officers
identified as suspects during the year. During the same period, the
TFDP documented 35 cases of torture involving 57 victims and alleged
that security forces were responsible.
In November 2009, then president Arroyo signed the Anti-Torture Law
that criminalizes acts of torture. Penalties range from one month to
life in prison, depending on the gravity of the offense. The law also
provides rehabilitation and compensation of not less than 10,000 pesos
($218) to victims of torture and their families. The Secretary of
Justice and CHR chair signed the law's implementing rules and
regulations on December 10.
There were reports that prison guards physically abused inmates.
The CHR and the TFDP reported that abuse by prison guards and other
inmates was common, but prisoners, fearing retaliation, refused to
lodge formal complaints. Women in police custody were particularly
vulnerable to sexual and physical assault by police and prison
officials. The police sometimes punished officers who committed assault
or abuse. Human rights activists believed suspected ASG and NPA members
in captivity were particular targets for abuse.
On August 23, authorities filed administrative and criminal cases
against a police officer, two of his superiors, and six of his
subordinates involved in the alleged torture of a robbery suspect
inside a police precinct in March. The case was initiated after a cell
phone video of the suspect being questioned by police while lying
naked, bound, and with a cord tied to his genitals was broadcast on
local media. A police task force, the ombudsman, and the CHR conducted
separate inquiries into the case.
There were alleged instances of rape perpetrated by PNP officials.
On December 31, a Manila police officer allegedly arbitrarily detained,
robbed, and raped a woman inside the Manila Police District
headquarters. Unlike in previous years, there were no anecdotal reports
of an increase in rape and sexual abuse charges filed against officers.

Prison and Detention Center Conditions.--Prison conditions were
rudimentary and sometimes harsh. Jails and prisons were often
overcrowded, lacked basic infrastructure, and provided prisoners with
inadequate nutrition and medical attention.
The Bureau of Corrections (BuCor), under the Department of Justice,
administered seven prisons and penal farms for prisoners sentenced to
more than three years in prison. During the year, BuCor's prisons and
penal farms held 36,101 prisoners, including 2,041 women. The
Department of Interior and Local Government's (DILG) Bureau of
Management and Penology (BJMP) and PNP control over 1,002 city,
district, and municipal jails that hold pretrial detainees, those
awaiting final judgment, and convicts serving sentences of three years
or less. The DILG reported that its jails operate at an average of 400
percent over their designated capacity, and that Manila City Jail,
built to hold 1,000 inmates, held 5,300 inmates at year's end.
Prison and jail administrators allotted a daily subsistence
allowance of 50 pesos ($1.10) per prisoner. Lack of potable water, poor
sanitation, and poor ventilation continued to cause health problems.
During the year, BuCor and the BPMJ reported 871 deaths in prison due
to various illnesses, including cardiopulmonary arrest and pulmonary
tuberculosis. Some prisoners, including women and children, were abused
by other prisoners and prison personnel. The slow judicial process
exacerbated overcrowding. During the year, the president granted
executive clemency to 29 elderly persons. BuCor records showed that at
least 8 percent of its inmates were 60 or older.
According to BJMP regulations, male and female inmates should be
held in separate facilities and, in national prisons, overseen by
guards of the same sex; these regulations were not uniformly enforced.
In provincial and municipal prisons, male guards sometimes supervised
female prisoners directly or indirectly. Although prison authorities
attempted to segregate children or place them in youth detention
centers, in some instances children were not fully segregated from
adult male inmates. Girls were sometimes held in the same cells as
boys. As part of reform and budget reduction efforts during the year,
the Government consolidated women and minors into fewer jails,
including some that contained separate facilities for those groups. Of
the 1,002 BJMP and PNP-managed jails, 194 had separate cells for
minors, while 418 jails had separate cells for women. Lack of adequate
food for minors in jails and prisons was a concern (see section 6,
Children).
During the year, BJMP and PNP jails held 59,289 prisoners, 95
percent of whom were pretrial detainees. The remainder had been
convicted of various crimes. Of the total number of sentenced prisoners
and detainees, 5,673 were adult women and 12 were minors. During the
same period, the BJMP released 111 minor inmates, usually in response
to a court order following a petition by the Public Attorney's Office
(PAO) or the inmate's private lawyer, or through NGO-led appeals.
Prisoners and detainees generally had access to visitors, but local
NGOs reported that family visitation was restricted at times for some
political detainees. Prison officials noted that security concerns and
space limitations at times restricted prisoners' access to visitors.
Muslim officials reported that while Muslim detainees were allowed to
observe their religion, Catholic masses were often broadcast by
loudspeaker to prison populations made up of both Catholic and non-
Catholic prisoners and detainees. There were no reports that
authorities censored or blocked prisoner or detainee complaints or
requests for investigation of inhumane conditions. International
monitoring groups, including the International Committee of the Red
Cross, were allowed free access to jails and prisons. However, a local
NGO reported difficulty accessing jails or detention centers where
children were held and was forced to seek court orders or permission
from the governor to visit political prisoners in one provincial jail.
In an October 16 riot in the Bataan provincial jail, 57 prisoners
were injured when guards used water hoses, truncheons, and rubber
bullets to quell an uprising of an estimated 900 inmates. A CHR
investigation found that the guards used excessive force against the
prisoners, and nine correctional officers were removed from their posts
following the incident.
BuCor continued to automate inmate records in order to fast track
the release of qualified inmates, and the Public Attorney's Office
worked with BuCor and the BJMP to address the status and circumstances
of confinement of juvenile offenders and improve pretrial detention,
bail, and recordkeeping procedures to ensure that prisoners do not
serve beyond the maximum sentence for the charged offense. It also
installed security cameras and constructed a hospital ward for inmate
patients with pulmonary tuberculosis in one of its major prisons, and
partnered with the Department of Health, international organizations,
and other stakeholders to implement a tuberculosis control and
prevention program in jails and prisons in the National Capital Region.

d. Arbitrary Arrest or Detention.--The law requires a judicial
determination of probable cause before issuance of an arrest warrant
and prohibits holding prisoners incommunicado or in secret places of
detention; however, in a number of cases, police and the AFP arrested
and detained citizens arbitrarily. During the year, the TFDP documented
80 cases of illegal arrest and detention involving 142 victims. The CHR
tracked 57 cases of arbitrary arrest involving 70 victims and 40 cases
of illegal detention involving 45 victims. During the same period, the
NGO FIND counted one enforced disappearance victim who was later found
alive.

Role of the Police and Security Apparatus.--The Department of
National Defense directs the AFP, which shares responsibility for
counterterrorism and counterinsurgency operations with the PNP. The
DILG directs the PNP, which is responsible for law enforcement and
urban counterterrorism; however, governors, mayors, and other local
officials have considerable influence over local police units. The
132,577-member PNP has deep-rooted institutional deficiencies and
suffered from a widely held and accurate public perception that
corruption remained a problem. The PNP's Internal Affairs Service
remained largely ineffective. Members of the PNP were regularly accused
of torture, soliciting bribes, and other illegal acts. Efforts were
underway to reform and professionalize the institution through improved
training, expanded community outreach, and pay raises. During the year,
there were 69 administrative cases filed against 97 members of the
police force, including administrative officials and police officers,
for various human rights violations. Out of the 69 cases filed, 61 were
resolved and eight were undergoing summary proceedings. The PNP
dismissed 12 persons in connection with these cases. The deputy
ombudsman for the military received 67 cases involving alleged human
rights abuses by the military and law enforcement officers from January
to July, the majority of which were filed against low-ranking police
and military officials. All of the cases were under investigation by
the Deputy Ombudsman's Office as of August.
The police and military routinely provided human rights training to
their members, augmented by training from the CHR. The PNP maintained a
network of 1,636 human rights desk officers at the national, regional,
provincial, and municipal levels. The CHR noted that senior PNP
officials appeared receptive to respecting the human rights of
detainees, but rank-and-file awareness of detainee rights remained
inadequate. The Commission on Appointments determines whether senior
military officers selected for promotion have a history of human rights
violations and solicits input from the CHR and other agencies through
background investigations. A promotion can be withheld indefinitely if
the commission uncovers a record of human rights abuses. Negative
findings do not, however, preclude promotion, and there were no reports
of promotions withheld on human rights grounds during the year.
Human rights groups and the CHR noted little progress in
implementing and enforcing some reforms aimed at decreasing the
incidence of killings, and cooperation and coordination between police
and prosecutors remained limited. On July 16, the Department of Justice
instructed prosecutors to coordinate closely with local law enforcement
agencies in resolving political and media killings, violence, or
harassment. The CHR approved operational guidelines and rules of
procedure for its witness protection program on April 8, but funding
for the CHR and government witness protection programs remained
inadequate. Potential witnesses were at times unable to enter the
program due to funding constraints or procedural delays. On June 14, a
potential witness in the November 2009 massacre in Maguindanao, Suwaib
Upahm, was shot and killed in Parang, Maguindanao, while his request
for entry into the witness protection program was pending with the
Department of Justice. Police arrested two suspects on July 4.
The AFP did not aggressively pursue internal investigations into
alleged serious human rights abuses by some of its members. From
January to July, the AFP Human Rights Office monitored four new cases
of killings, two cases of torture, illegal detention, and illegal
arrest, and one case of enforced disappearance. Murder charges were
filed in civilian courts in one of these cases (see section 1.a).
Government-armed civilian militias supplemented the AFP and the
PNP; the AFP held operational control of Citizens' Armed Force
Geographical Units (CAFGU), and Civilian Volunteer Organizations (CVOs)
fell under PNP command. These paramilitary units often received minimal
training and were poorly monitored, tracked, and regulated. Some
politicians and clan leaders, particularly in Mindanao, maintained
their own private armies and at times co-opted CVO and CAFGU members
into these armies. Human rights NGOs have linked state-backed militias
and private armies with numerous human rights abuses, including the
2009 massacre of 58 people--family members and supporters of a
gubernatorial candidate, 31 media members, and six passersby--in
Maguindanao Province.

Arrest Procedures and Treatment While in Detention.--Citizens are
apprehended openly with warrants based on sufficient evidence and
issued by a duly authorized official, and are brought before an
independent judiciary. However, there were some reports during the year
of citizens, including minor children, being picked up by security
forces without warrants and detained arbitrarily. The Human Security
Act of 2007 permits warrantless arrests and detention without charges
for up to three days for committing or attempting to commit acts of
terrorism; the Supreme Court upheld the constitutionality of this act
on October 5. Detainees have the right to a judicial review of the
legality of their detention and, except for offenses punishable by a
life sentence, the right to bail. During the year, 8,260 detainees (14
percent of detainees) were able to post bail. The law provides an
accused or detained person the right to a lawyer of his choice and, if
indigent, to one provided by the state. Authorities are required to
file charges within 12 to 36 hours for arrests made without warrants,
with the time given to file charges increasing with the seriousness of
the crime. Lengthy pretrial detention remained a problem, due largely
to the under-resourced justice system. The BJMP released 29,800 inmates
during the year as part of jail decongestion programs. There was no
available data indicating the number of detainees who were released
because they had been jailed for periods equal to or longer than the
maximum prison terms they would have served if convicted. Large jails
employed paralegals to monitor inmates' cases to prevent detention
beyond the maximum sentence and to assist decongestion efforts.
On December 10, President Aquino ordered all charges dropped
against 43 suspected NPA members arrested in a joint PNP and AFP
operation in Morong, Rizal, on February 6. The group, dubbed the
``Morong 43,'' asserted they were medical professionals and volunteer
health workers attending a community-health training seminar. Although
arrested by the PNP, the group initially was detained at a secure
military compound. Local CHR personnel, legal counsel, and relatives
were denied prompt access to the detainees, and there were reports of
psychological and physical abuse in the initial hours of their
detention. On February 11, a total of 40 detainees were charged with
illegal firearms possession and the remaining three with illegal
possession of firearms and explosives, all nonbailable offenses. On May
1, after almost three months in military custody, 38 detainees were
transferred to a PNP detention center in Metro Manila. The other five
detainees reportedly admitted their NPA affiliation and became state
witnesses; they remained in military custody as part of the rebel
returnee program. A local court ordered release of the ``Morong 43'' on
December 17 following the Department of Justice's (DOJ) withdrawal of
the criminal charges on grounds of illegal search and arrest, as it was
determined that evidence gathered under a defective search warrant
could not be used in court. Three members of the group remained in jail
at year's end due to pending charges in other, unrelated cases; the
five state witnesses opted to remain in the rebel returnee program.
The NPA and some Islamic separatist groups were responsible for a
number of arbitrary detentions, including kidnappings and hostage
taking.

Amnesty.--On October 12, President Aquino issued a proclamation
granting amnesty to more than 300 soldiers and marines accused of
participating in mutinies in 2003, 2006, and 2007.

e. Denial of Fair Public Trial.--The law provides for an
independent judiciary; however, the judicial system suffered from
corruption and inefficiency. Personal connections and sometimes bribery
resulted in impunity for some wealthy or influential offenders. This
contributed to widespread skepticism that the judicial process could
deliver due process and equal justice. The Supreme Court continued
efforts to ensure speedier trials, sanction judicial malfeasance,
increase judicial branch efficiency, and raise public confidence in the
judiciary. No judges were dismissed or disciplined during the year.

Trial Procedures.--The law requires all persons accused of crimes
be informed of the charges against them, have the right to counsel, and
be provided a speedy and public trial before a judge. Defendants are
presumed innocent and have the right to confront witnesses against
them, present evidence, and appeal convictions. The authorities
respected defendants' right to be represented by a lawyer, but poverty
often inhibited a defendant's access to effective legal representation.
Skilled defense lawyers staffed the PAO, but their workload was large
and resources were scarce. The PAO provided legal representation for
indigent litigants at trial; however, during arraignment courts may, at
their option, appoint any lawyer present in the courtroom to provide
counsel to the accused.
The law provides that cases should be resolved within set time
limits once submitted for decision: 24 months for the Supreme Court; 12
months for a court of appeals; and three months for lower courts.
However, these time limits were not mandatory and were not respected in
practice. In effect, there were no time limits for trials. Government
officials estimated that it takes an average of five to 10 years to
obtain a conviction and that the national conviction rate was 20
percent. The system relied heavily on witnesses' testimony and gave
relatively little weight to circumstantial and forensic evidence.
Written evidence and wiretaps were not routinely employed.
Lengthy pretrial detention remained a problem. Trials take place in
short sessions over time as witnesses and court time become available;
these noncontinuous sessions created lengthy delays. Furthermore, there
was a widely recognized need for more prosecutors, judges, and
courtrooms. Judgeship vacancy rates were high; of the total 2,187
trial-court judgeships, 531 (24 percent) were vacant. Courts in
Mindanao and poorer provinces had higher vacancy rates than the
national average. Sharia (Islamic Law) court positions were
particularly difficult to fill because of the requirement that
applicants be members of both the Sharia Bar and the Integrated Bar.
All five Sharia district court judgeships and 39 percent of circuit
court judgeships remained vacant. Sharia courts do not have criminal
jurisdiction.

Political Prisoners and Detainees.--Various human rights NGOs
maintained lists of incarcerated persons they considered to be
political prisoners. The TFDP tracked 287 political prisoners during
the year, the majority of whom had not been convicted. Some NGOs
asserted it was frequent practice to make politically motivated arrests
of persons for common crimes or on fabricated charges, and to continue
to detain them after their sentences expired.
The Government used NGO lists as one source of information in the
conduct of its pardon, parole, and amnesty programs, but it did not
consider the persons listed to be political detainees or prisoners.
During the year, the Government released eight persons whom NGOs
claimed were political prisoners.
The Government permitted access to alleged political prisoners by
international humanitarian organizations.

Civil Judicial Procedures and Remedies.--The judiciary is
independent and impartial in civil matters. There are administrative
remedies as well as judicial remedies for civil complaints; however,
corruption was widespread in the judiciary, and cases often were
dismissed. Complainants have access to local trial courts to seek
damages for, or cessation of, human rights abuses.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law allows judges to issue search warrants on a
finding of probable cause. While the Government generally respected
restrictions on search and seizure within private homes, searches
without warrants occurred. Judges generally declared evidence obtained
illegally to be inadmissible.
The Government generally respected the privacy of its citizens;
however, leaders of communist and leftist organizations and rural-based
NGOs complained of what they described as a pattern of surveillance and
harassment.
Forced resettlement of urban squatters, who made up at least 30
percent of the urban population, continued during the year. The law
provides certain protections for squatters; eviction was often
difficult, especially because politicians recognized squatters' voting
power. Government relocation efforts were constrained by budget
limitations, and the issuance of land titles to squatters was limited.

g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
The Government combated antigovernment forces and terrorists who
actively sought to destabilize the country during the year. Government
forces killed a number of civilians during clashes with antigovernment
forces. Some citizens' groups complained that the AFP, in confronting
the ASG and NPA, illegally detained citizens, destroyed houses,
displaced residents, and shelled villages. Clashes between the AFP and
forces of the separatist MILF and incidents of clan violence continued
in central Mindanao during the year, resulting in the deaths of
civilians and the displacement of thousands of others. In July 2009 the
Government and the MILF signed an agreement to end hostilities and
resume discussions on a comprehensive peace agreement. Formal
negotiations between the two parties did not resume prior to year's
end.

Killings.--Government forces acknowledged the civilian deaths in
the course of military operations against the MILF, NPA, and other
groups, whose forces also killed civilians, police officers, and AFP
soldiers. On November 15, three civilians, including respected botanist
Leonardo Co, were killed during AFP combat operations in Kananga,
Leyte. AFP forces asserted the civilians were caught in the crossfire
between the military and suspected NPA insurgents; other witnesses
reported the firing came only from one side. CHR and DOJ investigations
into the case were ongoing at year's end.
Military sources reported that 176 AFP members were killed in
action during encounters with rebel and terrorist groups during the
year, 166 by the NPA and 10 by the ASG. During the same period, AFP
operations killed 131 insurgents: 97 suspected NPA members, 23 ASG
members, and 11 MILF members. Insurgents killed 11 PNP officers during
the year, and the PNP claimed 44 NPA insurgents were killed in police
operations around the country. The AFP also recorded 55 bombings during
the same period.
NGOs alleged that government security forces abducted, tortured, or
killed civilians during military operations against the MILF. NGOs also
reported that indiscriminate shelling of villages by security forces
led to civilian deaths. There were reports that both the MILF and
government forces set fire to villages. Clan feuds contributed to
violence between various armed factions in Mindanao.
The Government suspected groups with ties to the ASG or JI were
responsible for bombings in Cotabato City, Jolo City, and Zamboanga
City that killed civilians. No group claimed responsibility for the
attacks. The Government also attributed fatal bombings and beheadings
in Basilan to the ASG.
Communist insurgents, mainly from the NPA, used roadside bombs,
ambushes, and other means to kill political figures, military and
police officers, and civilians, including suspected military and police
informers. The NPA and other criminal extortion groups also harassed
businesses and government offices, and burned farms, businesses, and
private communication facilities to enforce the collection of
``revolutionary taxes.
In separate June 27 incidents, suspected NPA members shot and
killed village chief Maritess Toldanes in Balatan, Camarines Sur, and a
Sorsogon-based former militia member, Rodrigo Felonia. Toldanes
reportedly was killed when she refused an NPA extortion attempt. The
NPA also claimed responsibility for the July 13 killing of former
Eastern Samar Town Mayor Mateo Biong, Jr. and the July 31 killing of
former NPA member Crisaldo Banan, an alleged military informant.
On March 6, alleged NPA members ambushed and killed 11 soldiers on
an election security detail in Mansalay, Oriental Mindoro. On June 9,
seven AFP soldiers were killed in an ambush by suspected NPA members
while securing a village for a medical mission in Bontoc Town, Mountain
Province. On August 22, the NPA claimed responsibility for an August 21
ambush by landmine and small arms fire in Catarman, Northern Samar,
that killed eight police officers. On December 14, two days before a
scheduled holiday ceasefire, NPA members killed 10 AFP soldiers in a
landmine-initiated ambush in Northern Samar. A nine-year-old boy was
also killed in the attack.

Abductions.--Numerous kidnappings by various armed criminal and
terrorist groups, including the ASG, were recorded in Mindanao and the
Sulu Archipelago. Often victims were released in exchange for payments
or rescued by authorities, while others were killed by their captors.
At least 23 individuals, including five businessmen, three
soldiers, three farmers, three loggers, two teachers, and one militia
member, were reportedly abducted by ASG, NPA, and other kidnap-for-
ransom groups in Compostela Province, Basilan, Cotobato City, and the
Zamboanga Peninsula during the year. Five were killed and 12 were
either rescued or released; six remained missing or captive.
Unidentified gunmen abducted Nuraldin Yusoph, son of a Commission
on Elections (COMELEC) commissioner, in Marawi City on June 20. In
exchange for his release, the kidnappers demanded the commission
nullify election results in four Lanao del Sur towns. Nuraldin was
released unharmed on July 19 in Cagayan de Oro.
On July 29, NPA members used five children as human shields during
an encounter with government soldiers in Lupi Town, Camarines Sur. The
hostages were later released unharmed.

Child Soldiers.--During the year, the NPA and the ASG targeted
children for recruitment as combatants and noncombatants. The NPA
claimed it assigned persons 15 to 18 years of age to self-defense and
noncombatant duties; however, there were reports the NPA continued to
use minors in combat. During the year, the AFP reportedly rescued eight
child soldiers, all of whom were allegedly recruited by the NPA.
The ASG recruited teenagers to fight and participate in its
activities. The AFP stated that some Islamic schools in Mindanao served
as fronts to indoctrinate children.
In May the UN released a report identifying the ASG, the NPA, and
the MILF as among the world's ``persistent violators of children in
armed conflicts.'' According to the report, these groups have recruited
or used child soldiers for at least the past five years. It noted the
progress made with the MILF when its representatives signed the July
2009 action plan to prevent recruitment and use of child soldiers and
to release children from all MILF units. The UN report also noted
isolated cases of minors, ages 15-17, being voluntarily recruited into
the paramilitary Citizen Armed Forces Geographical Units that fall
under AFP operational control (see section 1.d.). At year's end,
according to the UN Children's Fund the Government was discussing the
issue with the UN country task force.
During the year, the Department of Social Welfare and Development
(DSWD) assisted one child soldier rescued from rebel groups. Government
reporting mechanisms for children in armed conflict were inconsistent
between agencies and regions, making it difficult to evaluate the scope
of the problem. See also the Department of State's annual Trafficking
in Persons report at www.state.gov/g/tip.

Other Conflict-Related Abuses.--Clashes between the MILF and AFP
continued and caused the number of internally displaced persons (IDPs)
to fluctuate. Most IDPs were in the central Mindanao provinces of Lanao
del Norte, Cotabato, and Maguindanao (see section 2.d.).
The NPA continued to subject military personnel, police, local
politicians, and other persons to its so-called courts for ``crimes
against the people.'' The NPA executed some of these ``defendants.''
The MILF also maintained its own ``people's courts.'' The AFP used
civilian facilities such as schools to quarter soldiers during military
operations in remote areas. NGOs claimed the AFP sometimes appropriated
civilian facilities or private property without compensation to
residents.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice.
The Government owned several television and radio stations;
however, most print and electronic media were privately owned. The
independent media were active and expressed a wide variety of views
without restriction, but they were freewheeling and often criticized
for lacking rigorous journalistic standards. They tended to reflect the
particular political or economic orientations of owners, publishers, or
patrons, some of whom were close associates of present or past high-
level officials. Special interests often used bribes and other
inducements to solicit one-sided and erroneous reports and commentaries
that supported their positions. Journalists continued to face
harassment and threats of violence from individuals critical of their
reporting.
Journalists continued to be killed. The Center for Media Freedom
and Responsibility (CMFR) reported eight journalists killed during the
year. The CMFR claimed that four out of the eight were killed in the
line of duty. The TFU, which also tracks killings of media
practitioners, classified two of these cases as work-related killings.
The TFU has recorded 39 media practitioners slain in work-related
killings since 2001; this total does not include the 31 media members
killed in the Maguindanao massacre, which was monitored by a special
task force.
On June 14, a gunman shot and killed local broadcaster Desiderio
Camangyan, an anti-illegal logging activist, in Manay, Davao Oriental.
On July 21, murder charges were filed against a local police officer
and a local village chief in Camangyan's death. The police officer is
under restrictive custody pending preliminary investigation. On July 9,
two gunmen shot Iriga City-based radio broadcaster Miguel Belen in
Nabua, Camarines Sur; he died 20 days later. Murder charges were filed
against two suspects on August 6.
On July 21, two gunmen shot and killed local radio broadcaster
Jovelito Agustin in Laoag City, Ilocos Norte. On the same day, murder
charges were filed against a local government official and his aide.
Cases of journalist killings for 2009 and 2008 remained ongoing.
On August 6, a local court acquitted a former police officer and
another suspect in the 2004 killing of Laoag City-based radio
broadcaster Roger Mariano.
Human rights NGOs frequently criticized the Government for failing
to protect journalists. The National Union of Journalists of the
Philippines accused the police and the Government of failing to
investigate adequately these killings and of subjecting journalists to
harassment and surveillance. In some situations it was difficult to
discern if violence against journalists was carried out in retribution
for their profession or if these journalists were the victims of random
crime.

Academic Freedom and Cultural Events.--Student groups at some
universities accused security forces of harassing student political
groups. The Government did not otherwise interfere with academic
freedom. There were no government restrictions on academic freedom or
cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly, and the Government
generally respected this right in practice. The police exhibited
professionalism and restraint in dealing with demonstrators, with a few
exceptions. An NGO reported that protesters were injured by police in a
July 3 protest in Manila calling for land reform.

Freedom of Association.--The law provides for freedom of
association, and the Government generally respected this right in
practice.

c. Freedom of Religion.--For a description of religious freedom,
please see the Department of State's 2010 International Religious
Freedom Report at http://www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
Foreign travel was limited only in rare circumstances, such as when
a citizen has a pending court case. Government authorities discouraged
travel by vulnerable workers to areas in which they faced personal
risk.
The Government retained its formal ban on travel to Iraq for the
purposes of employment, but the Department of Foreign Affairs estimated
that 6,000 Filipinos worked there. The travel ban also included
Afghanistan, Nigeria, Somalia, Jordan, and Lebanon. The Philippine
Overseas Employment Administration (POEA) sought to regulate and
control departures for work abroad, and required citizens to register
with government agencies and receive pre-departure screening, training
and certification before traveling for employment overseas. Millions of
citizens worked overseas and remitted money home. Such remittances were
equivalent to approximately 10 percent of the 2010 gross domestic
product.
Forced exile is illegal, and the Government did not use it.

Internally Displaced Persons.--Clashes between the AFP and the MILF
and incidents of clan violence during the first half of the year caused
the number of internally displaced persons (IDPs) to fluctuate. The
International Organization for Migration (IOM) estimated 26,600
families, or between 128,000 and 160,000 individuals, remained
displaced in Mindanao either by the AFP/MILF conflict or by clan
violence. The overwhelming majority were located in Maguindanao
Province and the Muslim-majority areas of Cotabato. A July IOM report
estimated 18,874 families, or between 94,000 and 113,000 persons, were
living in displacement camps, evacuation centers, relocation sites, or
in the homes of relatives in Maguindanao, and that nearly 25,000 people
had been displaced by clan violence.
In October 2009 the Government and the MILF signed an Agreement on
the Civilian Protection Component of the International Monitoring Team,
which reconfirmed their obligations under international humanitarian
and human rights law to refrain from intentionally targeting or
attacking noncombatants and to avoid acts that would cause collateral
damage to civilians. The agreement also includes provisions for the
protection of key civilian facilities, such as schools, hospitals and
relief distribution sites. The terms of reference had not, however,
been finalized as of year's end.
The Government permitted humanitarian organizations to access IDP
sites. NGOs noted that food aid was sometimes delayed. Security forces
did not target IDPs, but military operations were carried out near IDP
sites. The Government did not restrict the movement of IDPs. At various
times the Government encouraged IDPs to return home, but they often
were reluctant due to security concerns and food scarcity. On November
26, unidentified gunmen attacked a UN World Food Program (WFP) truck in
Lanao del Sur, killing one WFP contract worker. The incident remained
under investigation at year's end.
Government agencies, often with support from UN agencies and other
international assistance, provided food assistance and other goods,
constructed shelters and public infrastructure, repaired schools,
constructed sanitation facilities, offered immunization, health, and
social services, and provided cash assistance and skills training.
Following its July 2009 cease-fire agreement with the MILF, the
Government embarked on a program to assist IDPs to return to their
villages and regain their livelihoods. UN reports indicated that some
IDPs, particularly in Maguindanao and Lanao del Norte provinces,
returned to their villages as a result of the improved security
situation. Other agencies, including the UN Development Program,
Mindanao Emergency Response Network, and the Red Cross, continued to
provide food and essential items such as medicine, blankets, water
containers, and mosquito nets.

Protection of Refugees.--No comprehensive legislation provides for
granting refugee status or asylum. In practice the Government provided
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened on account of race,
religion, nationality, membership in a particular social group, or
political opinion. The refugee unit in the DOJ determined which asylum
seekers qualify as refugees. The Government also provided temporary
protection to individuals who may not qualify as refugees. There were
no reports of the Government extending such protections during the
year.
The Government cooperated with the UNHCR and other humanitarian
organizations in assisting refugees. In August 2009 the Department of
Foreign Affairs and the UNHCR signed a Memorandum of Agreement on the
Emergency Transit of Refugees, permitting the transit of refugees
through the Philippines for onward resettlement in another country. The
UNHCR recorded the transit of 216 refugees during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully, and citizens exercised this right through periodic
elections that were largely free and fair and held on the basis of
universal suffrage.

Elections and Political Participation.--On May 10, the country
conducted nationwide elections for president, both houses of congress,
provincial governors, and local government officials. It was the
country's first automated election, and voter turnout was high despite
procedural problems that caused extensive polling delays. International
and national observers viewed the election as generally free and fair,
but there were incidents of violence and allegations of fraud in some
areas. The PNP recorded 180 election-related violent incidents
resulting in the deaths of 55 persons between January 10 and June 9.
On March 30, the COMELEC approved a resolution allowing registered
detainees to vote. According to the BJMP, an estimated 17,336 detainees
voted in the May 10 elections.
Some 300,000 poll station workers, mostly teachers, were denied the
right to vote when COMELEC failed to create procedures allowing them to
vote at their assigned polls, which generally were outside their
designated precinct.
In general, political parties could operate without restriction. On
April 8, the Supreme Court ruled in favor of party-list accreditation
for Ang Ladlad, an organization representing lesbian, gay, bisexual,
and transgender (LGBT) persons. COMELEC had rejected the group's
petition for accreditation in October 2009 on grounds it ``tolerates
immorality, which offends religious beliefs.''
There were no restrictions in law or practice on participation by
women and members of minorities in politics. Many women held positions
of leadership and authority. There were three women in the 24-seat
Senate and 57 women in the 268-seat House of Representatives. There
were six women in the 32-member cabinet, three female associate
justices on the 15-member Supreme Court, and 16 women among the 82
governors.
Muslims, indigenous groups, and other citizens argued that electing
senators from a nationwide list favored established political figures
from the Manila area. Election of senators by region would require a
constitutional amendment, which many Muslims and members of other
groups underrepresented in the national legislature favored. There were
no Muslim or indigenous senators and no Muslim or indigenous cabinet
members. There were 11 Muslim members in the House of Representatives,
mostly elected from Muslim-majority provinces, and one member of
indigenous descent.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
officials often engaged in corrupt practices with impunity. Both the
Government and the private sector have established a number of
anticorruption bodies, including an ombudsman's office and an
anticorruption court, and public officials were subject to financial
disclosure laws. During the year, the Government convicted 42 officials
in 125 corruption cases, including the March 3 conviction of a former
representative in Sorsogon and the August 19 conviction of a former
state university president. There were reports of widespread corruption
among prison guards and, to some extent, at higher levels of authority
within the prison system. The 132,577-member PNP suffered from a widely
held and accurate public perception that corruption remained a problem.
PNP members were regularly accused of soliciting bribes and other
illegal acts.
The law provides for the right to information on matters of public
concern. However, denial of such information often occurred when the
information related to an anomaly or irregularity in government
transactions, and little government information was available
electronically, making it difficult to retrieve. In addition, no
legislation sets procedures for access to information or penalties for
officials who fail to disclose lawfully available data.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were somewhat cooperative and responsive to their views. The CHR and,
to some extent, the PNP responded to and investigated cases of human
rights abuses, as requested by NGOs. Human rights activists continued
to encounter occasional harassment, mainly from security forces or
local officials from the area in which incidents under investigation
took place. The Presidential Human Rights Committee consulted with NGOs
but did not include representation from the NGO community, which some
groups claimed reduced their ability to participate in the Government's
human rights initiatives.
The Government cooperated with international organizations.
The CHR is mandated to protect and promote human rights. It is
empowered to investigate all human rights violations and to monitor the
Government's compliance with international human rights treaty
obligations. The CHR has authority to make recommendations regarding
military and higher-level police promotions. The commission has a
chairperson and four members. CHR monitoring and investigating
continued to be hamstrung by insufficient resources. Approximately
three-quarters of the country's 42,000 barangays (villages) have human
rights action centers, which coordinated with CHR regional offices;
however, CHR's regional and subregional offices remained understaffed
and underfunded. The CHR nationwide budget increased 12 percent over
the prior year to 285.89 million pesos (approximately $6.23 million).
The CHR conducted numerous investigations during the year and faced
some difficulty accessing military facilities and privately owned sites
to conduct its searches for missing or detained persons.
The House of Representatives and Senate maintained active human
rights committees.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination against women, children, and
minorities; however, vague regulations and budgetary constraints
hindered implementation of these protections.

Women.--Rape, including spousal rape, is illegal, but enforcement
was ineffective. Rape continued to be a problem, with most cases
unreported. From January to November, the PNP reported 4,776 rape
cases, 15 percent higher than reported in 2009. The Bureau of
Correction's prisons and penal farms held 3,992 prisoners convicted of
rape, 42 of whom were serving life sentences. There were reports of
rape and sexual abuse of women in police or protective custody--often
women from marginalized groups, such as suspected prostitutes, drug
users, and lower-income individuals arrested for minor crimes. There
were alleged instances of rape perpetrated by PNP officials. Unlike in
previous years, there were no anecdotal reports of an increase in rape
and sexual abuse charges filed against police officers.
Violence against women remained a serious problem. The law
criminalizes physical, sexual, and psychological harm or abuse to women
and their children committed by their spouses or partners. From January
through November, the PNP reported 9,225 cases of domestic violence
against women and their children, a 91 percent increase over the same
period last year. This number likely underreported significantly the
level of violence against women and children.
A local women's support group noted that, in smaller localities,
perpetrators of abuse sometimes used personal relationships with local
authorities to avoid prosecution. On other occasions, women who sought
to file complaints through the police were told to pay special fees
before their complaints could be registered.
The PNP and the DSWD both maintained help desks to assist victims
of violence against women and to encourage the reporting of crimes.
With the assistance of NGOs, officers received gender sensitivity
training to deal with victims of sexual crimes and domestic violence.
Approximately 10 percent of PNP officers were women. The PNP has a
Women and Children's Unit to deal with these matters. There are 1,843
PNP women and children's desks throughout the country.
Although prostitution was illegal, sex tourism, with clients coming
from domestic sources, the United States, Europe, Australia, and other
East Asian countries, continued during the year. Trafficking in women
both domestically and internationally for forced labor and sexual
exploitation remained serious problems. Please see the Department of
State's annual Trafficking in Persons Report at www.state.gov/g/tip.
The law prohibits sexual harassment, but it remained widespread and
underreported in the workplace due to victims' fear of losing their
jobs. Women in the retail industry worked on three- to six-month
contracts and were often reluctant to report sexual harassment for fear
their contracts would not be renewed. Some labor unions protested age
discrimination and punitive action against female employees who became
pregnant (see section 7 a.).
The constitution upholds the basic right of couples and individuals
to decide freely and responsibly the number, spacing, and timing of
their children, and to have the information and means to do so free
from discrimination, coercion, and violence. However, the provision of
health care services is the responsibility of local governments, and
although men and women generally were treated equally, restrictions on
the provision of birth-control supplies by government-run health
facilities in some localities reduced the availability of family-
planning resources for impoverished women. For example, in 2000 the
then mayor of Manila issued an executive order that discouraged the use
of artificial contraception and required city hospitals and health
clinics to develop programs to promote natural family planning.
According to NGOs, city hospitals and health clinics have ceased to
procure, offer, or advise on artificial contraception since the
implementation of the order, which remained in effect at year's end. In
an October 7 advisory, the CHR found the executive order to be in
violation of the laws on non-discrimination. While artificial
contraception could be purchased on the open market, it remained
unaffordable for many of the city's poorest residents.
Social hygiene clinics in urban areas served everyone who sought
consultation and treatment. Women and men were equally diagnosed and
treated for sexually transmitted infections, including HIV. The
Department of Health trained rural health physicians in diagnosis and
treatment, but local health offices faced resource constraints. For
maternal health services, 70 percent of pregnant women had at least
four antenatal care visits, and 40 percent of births were facility
based or had skilled birth attendants. According to UN Population Fund
statistics, the adjusted maternal mortality rate was 160 deaths per
100,000 live births in 2009.
The law does not provide for divorce, although courts generally
recognized the legality of divorces obtained in other countries if one
of the parties is a foreign national. Marriage can be terminated
through a legal annulment, but the cost precludes annulment as an
option for many families. Many lower-income couples simply separated
informally without severing their marital ties. The family code
provides that in child-custody cases resulting from annulment,
illegitimacy, or divorce in another country, children under the age of
seven are placed in the care of the mother unless there is a court
order to the contrary. Children over the age of seven normally also
remained with the mother, although the father could dispute custody
through the courts.
By law, but not always in practice, women have most of the rights
and protections accorded to men. Women are accorded the same rights as
men in respect to the ownership, acquisition, management,
administration, enjoyment, and disposition of property and assets.
Although they faced workplace discrimination, women continued to occupy
positions at all levels of the workforce. In an April labor force
survey, 57 percent of government officials, corporate executives,
managers, and supervisors were women. The survey also revealed that of
the 3.1 million unemployed persons, 37.5 percent were women and 62.5
percent were men.
The Philippine Commission on Women (PCW), composed of 10 government
officials and 11 NGO leaders appointed by the president, is the primary
policy-making and coordinating body on issues of women and gender
equity.

Children.--Citizenship is derived by birth within the country's
territory or from one's parents. The Government continued to promote
birth registration. Credible organizations estimated there were more
than two million unregistered children in the country, primarily among
Muslim and indigenous groups.
Elementary and secondary education is free and compulsory through
age 11, but the quality of education remained poor and access was not
universal. Public elementary and secondary school enrollment rates were
85 and 62 percent, respectively. According to the 2007 UNICEF Mid-Term
Review, boys were more likely than girls to drop out of school.
Children could be deprived of education if they lacked required
documents, such as birth certificates.
Child abuse remained a problem. From January to June, DSWD offices
served 4,451 victims of child abuse, of whom 66 percent were girls.
Approximately 44 percent of the girls were victims of sexual abuse,
while 2 percent were victims of sexual exploitation. Some children also
were victims of police abuse while in detention for committing minor
crimes. Several cities ran crisis centers for abused women and
children. Foreign pedophiles exploited children, and the Government
continued its efforts to prosecute accused pedophiles and deport
foreign pedophiles.
Child prostitution continued to be a serious problem, and the
country remained a destination for child sex tourism. Since the passage
of a law against child labor in 2003, the Department of Labor and
Employment (DOLE) ordered the closure of 22 establishments for
allegedly prostituting minors. Trials in these cases were ongoing. In
2009 DOLE issued new regulations that facilitate the immediate closure
of establishments suspected of using children for commercial sex acts,
with court hearings to determine the validity of the Government's
complaint to be held at a later time. Under the new regulation, the
DOLE was able to close two establishments as of year's end.
The minimum age for consensual sex is set at 12 years of age. The
statutory rape law criminalizes sex with minors under the age of 12 and
sex with a child under age 18 involving force, threat, or intimidation.
The maximum penalty for child rape is reclusion perpetua, a 40-year
sentence with no option for pardon or parole until 30 years have been
served and a lifetime bar to holding political office. In November 2009
President Arroyo signed the Anti-Child Pornography Act, which carries
penalties ranging from one month to life in prison and fines from
50,000 to five million pesos ($1,090 to $109,051), depending on the
gravity of the offense. Law enforcement agencies and NGOs report that
minors continued to be unlawfully used in the production of child
pornography and exploited in cybersex operations.
The NPA and ASG continued to recruit minors both as combatants and
noncombatants (see section 1.g.).
UNICEF estimated that there were 250,000 street children. Many
street children appeared to be abandoned and engaged in scavenging or
begging. At year's end the DSWD had provided services to 2,360 street
children nationwide.
NGOs alleged that vigilantes with ties to government authorities
were responsible for killing street children engaged in petty crime in
Davao and other major cities (see section 1.a.). Children were affected
by displacement in central Mindanao but generally had access to
government services (see section 2.d.).
A variety of national executive orders and laws provide for the
welfare and protection of children. Police stations have child and
youth-relations officers to ensure that child suspects are treated
appropriately, but procedural safeguards often were ignored in
practice. According to the BJMP, 418 minors were held on ``preventive
detention'' while their trials were underway. Many child suspects were
detained for extended periods without access to social workers and
lawyers and were not segregated from adult criminals. NGOs believed
that children held in integrated conditions with adults were highly
vulnerable to sexual abuse, recruitment into gangs, forced labor,
torture, and other ill treatment.
During the year, government agencies and NGOs transferred 399 minor
prisoners to DSWD rehabilitation centers and continued to work to
secure the release of minors wrongfully imprisoned and of those below
15 years of age. The DSWD ran 11 regional youth rehabilitation centers
for juvenile offenders. There were three detention centers for children
in Manila.
The Philippines is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's country-specific information at http://travel.state.gov/
abduction/country/country--3781.html.

Anti-Semitism.--An estimated 400 to 1,000 mostly foreign nationals
of Jewish heritage lived in the country. There were no reports of anti-
Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The constitution prohibits
discrimination against persons with physical, sensory, intellectual and
mental disabilities in employment, education, access to health care,
and other social services. The law provides for equal physical access
for persons with both physical and mental disabilities to all public
buildings and establishments, but in practice many barriers remained.
The National Council for the Welfare of Disabled Persons formulates
policies and coordinates the activities of all government agencies for
the rehabilitation, self-development, and self-reliance of persons with
disabilities and their integration into the mainstream of society. The
DOLE's Bureau of Local Employment maintained registers of persons with
disabilities indicating their skills and abilities. The bureau
monitored private and public places of employment for violations of
labor standards regarding persons with disabilities and also promoted
the establishment of cooperatives and self-employment projects for
persons with disabilities. One NGO reported that the Government had
limited means to assist persons with disabilities in finding
employment, and such persons had limited recourse when their rights
were violated because of the financial barriers to filing a lawsuit.
The DSWD operated two assisted living centers in Metro Manila and
five community-based vocational centers for persons with disabilities
nationwide. Assisted-living centers were understaffed and underfunded.
During the year, the DSWD provided services to 3,886 persons with
disabilities.
Advocates for persons with disabilities contended that equal-access
laws were ineffective due to weak implementing regulations,
insufficient funding, and government programs that were inadequately
focused on integration. Many public buildings, particularly older ones,
lacked functioning elevators. Many schools had architectural barriers
that made attendance difficult for persons with disabilities.
Government efforts to improve access to transportation for persons
with disabilities were limited. Two of Manila's three light-rail lines
were wheelchair accessible; however, many stops had unrepaired, out-of-
service elevators. Buses lacked wheelchair lifts, and one NGO claimed
that private transportation providers, such as taxis, often overcharged
persons with disabilities or refused service. A small number of
sidewalks had wheelchair ramps, which were often blocked, crumbling, or
too steep. The situation was worse in many smaller cities and towns.
The constitution provides for the right of persons with physical
disabilities to vote; however, persons with mental disabilities are
disqualified from voting. Persons with physical disabilities are
allowed to vote with the assistance of a person of their choice. In
practice, many persons with disabilities did not vote because of the
physical barriers described above.

Indigenous People.--Indigenous people lived throughout the country
but primarily were concentrated in the mountainous areas of northern
and central Luzon and in Mindanao. They numbered over 14 million
persons or 16 percent of the national population, with more than 63
percent of the total in Mindanao. Although no specific laws
discriminate against indigenous people, the remoteness of the areas
that many inhabit and cultural bias prevented their full integration
into society. Indigenous children often suffered from lack of health,
education, and other basic services. NGOs estimated that up to 70
percent of indigenous youth left or never attended school because of
discrimination they experienced. According to a local NGO, only 21 of
1,700 local government units in the country complied with the
requirement of the 1987 People's Rights Act for the mandatory
representation of indigenous persons in policy-making bodies and local
legislative councils.
Indigenous people suffered disproportionately from armed conflict,
including displacement from their homes, because they often inhabited
mountainous areas favored by guerrillas. Their lands were often the
sites of armed encounters, and various parties to the fighting
recruited many indigenous people. The Task Force for Indigenous
People's Rights (TFIPR) lobbied for an appropriate mechanism through
which indigenous people could be recognized as an official party and
represented in peace talks between the Government and MILF. During the
year, the National Commission on Indigenous People (NCIP) reported 12
cases of human rights violations, including harassment, physical, and
sexual abuse allegedly committed by military and NPA forces. The NCIP
referred these cases to the CHR, the PNP, and the Office of the
Presidential Adviser on the Peace Process for investigation. Other NGOs
reported the use of security forces to protect mining and other private
interests in indigenous areas.
The NCIP, staffed by tribal members, implemented constitutional
provisions to protect indigenous people, including the awarding over
the last year of Certificates of Ancestral Land and Ancestral Domain
Titles covering over 665,889 acres of land claimed by indigenous
people. It awarded such ``ancestral domain lands'' on the basis of
communal ownership, stopping sale of the lands by tribal leaders. TFIPR
reported extrajudicial killings of indigenous people and lobbied
against encroachment by mining companies on indigenous land. On August
17, two unidentified men shot and killed antilogging tribal leader
Carlito Chavez in Monkayo, Compostela Valley. The task force also
contended that mining companies were unlawfully claiming three million
of the 4.5 million acres of Igorot-owned ancestral land in Cordillera
region.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There was some societal
discrimination based on sexual orientation, including in employment and
education. LGBT organizations held public marches or other events
during the year to promote equality and antidiscrimination legislation.
An LGBT group's effort to register as a political party originally was
denied because it ``tolerated immorality, which offends religious
beliefs.'' However, on April 8, the Supreme Court allowed it to
participate in the elections.

Other Societal Violence or Discrimination.--The law prohibits all
forms of discrimination against persons with HIV/AIDS and provides
basic health and social services for these persons. However, there was
some evidence of discrimination against HIV/AIDS patients in the
provision of health care, housing, and insurance services. The rate of
HIV/AIDS remained low, although the rate of infection was believed to
be underreported. Overseas workers were required to participate in an
HIV/AIDS class as part of a predeparture orientation seminar.
Section 7. Worker Rights

a. The Right of Association.--The law provides for the right of
most workers, with the exception of the military and the police, to
form and join trade unions. Foreign national workers are prohibited
from forming or joining unions unless there is a reciprocity agreement
between the countries. Trade unions are independent of the Government.
Unions have the right to form or join federations or other labor
groups, and many of them join national and international
confederations.
During the reporting period, the Bureau of Labor Relations reported
135 registered labor federations and 16,132 private sector unions. The
1.7 million union members included approximately 4.7 percent of the
total workforce of 36.5 million. Use of short-term contractual labor,
which is not permitted to organize, was still prevalent, particularly
by large employers. There were 1,706 public sector unions, with a total
membership of 368,315 or approximately 21 percent of the total employed
persons in the public sector.
Killings and harassment of labor leaders and advocates continued to
be a problem, although to a lesser extent than in recent years. From
January to June, the Center for Trade Union and Human Rights (CTUHR)
documented five killings of labor leaders, including the June 14
killing of Benjamin Bayles (see section 1.a.) and the June 2 killing of
Edward Panganiban. Panganiban was the Secretary of the independent
union Samahang Lakas ng Manggagawa sa Takata Philippines (SALAMAT-
Independent) in the Japanese-owned company Takata Philippines
Incorporated. Union leaders of SALAMAT-Independent link the killing to
the continuing collective bargaining dispute between the union and
Takata Philippines management; Takata Philippines denied any connection
to the killing. The case remains under investigation. In addition, the
CTUHR documented 22 cases of threats, harassment, and intimidation
affecting 151 workers and labor advocates, seven cases of physical
assault, and three case of violent dispersal of protests.
Eight cases alleging violations of freedom of association rights
were pending with the International Labor Organization (ILO) Committee
on Freedom of Association (CFA). In September 2009 the Government
cooperated with a high-level ILO mission to investigate labor rights
violations in the country. The ILO mission noted issues relating to
violence, intimidation, threat, and harassment of trade unionists and
the absence of convictions in relation to those crimes. It also
observed obstacles to the effective exercise in practice of trade union
rights. In response to ILO mission recommendations, the Government
constituted the Tripartite Industrial Peace Council on January 20 to
monitor the application of international labor standards.
Subject to procedural restrictions, strikes in the private sector
are legal; however, unions are required to provide strike notice,
respect mandatory cooling-off periods, and obtain majority member
approval before calling a strike. By law, the reason for striking must
be relevant to the labor contract or the law, and all means of
reconciliation must have been exhausted. During the year, the DOLE
reported eight strikes involving 3,034 workers.
On September 9, the association representing flight attendants and
stewards of Philippine Airlines (FASAP) filed a notice of strike over
alleged unfair labor practices. The 1,600-member association denounced
discriminatory airlines policies that mandate retirement at age 40 and
require pregnant flight attendants to take seven months of unpaid
leave. In addition to the loss of salary or allowance, the seven months
are deducted from the employee's years of service. On December 23, DOLE
ruled in favor of the FASAP, granting back salary increases amounting
to 222 million pesos ($4.9 million), a compulsory retirement age of 60
years, and other benefits. Philippine Airlines (PAL) was expected to
appeal the decision.
The DOLE secretary, and in some special cases, the president, may
intervene in some labor disputes by assuming jurisdiction and mandating
a settlement if the Secretary or the president determines the strike-
affected company is vital to the national interest. During the year,
the DOLE assumed jurisdiction in seven labor dispute cases. Labor
rights advocates criticized the Government for intervening in labor
disputes in sectors that were not vital to the national economy. On
December 15, President Aquino assumed jurisdiction over a labor dispute
between PAL and the PAL Employees Association (PALEA) regarding PAL's
plan to outsource some 2,600 ``non-core'' positions. Upon assuming
jurisdiction, the president issued a stay order that temporarily
suspended implementation of a layoff plan that DOLE had previously
approved and prohibited a planned PALEA strike. The case remained with
the Office of the President at year's end.
Government workers are prohibited from joining strikes under threat
of automatic dismissal. Government workers may file complaints with the
Civil Service Commission, which handles administrative cases and
arbitrates disputes between workers and their employers.
Although the labor code provides that union officers who knowingly
participate in an illegal strike may be dismissed and, if convicted,
imprisoned for up to three years, there has never been a conviction
under this provision.

b. The Right to Organize and Bargain Collectively.--Law and
regulations provide for the right to organize and bargain collectively
in both the private sector and in corporations owned or controlled by
the Government. Similar rights are afforded to most government workers.
Collective bargaining was practiced; however, it was subject to
hindrance by employers, and union leaders were subject to reprisal. In
the public sector, collective bargaining was limited. During the year,
212,054 private- and public-sector workers were covered by collective
bargaining agreements, or approximately 12 percent of union members and
less than 1 percent of the total workforce.
Allegations of intimidation and discrimination in connection with
union activities are grounds for review before the quasijudicial
National Labor Relations Commission (NLRC) as possible unfair labor
practices. Before disputes reach the NLRC, the DOLE provides the
services of a mediation board, which settles most of the unfair labor
practice disputes raised as grounds for strikes before the strikes may
be declared. The DOLE, through the mediation board, also worked to
improve the functioning of labor-management councils in companies that
already had unions.
On March 18, the Bureau of Labor Relations released its decision
nullifying the February 13 impeachment of Amado-Kadena union officials.
In July the union also filed a complaint before the Commission on Human
Rights against Dole Philippines and the AFP, asserting the company is
harassing plantation workers and conducting anti-union activities. At
year's end there were no reported developments.
According to union leaders, union members were frequently
threatened with dismissal, and union organizers were sometimes
illegally dismissed. On February 18, a total of 17 bus driver-union
members were dismissed after seeking the union's certification as the
sole and exclusive bargaining agent. The union filed illegal dismissal
cases with money claims regarding underpayment of wages; the case was
pending at NLRC at year's end.
Labor law applies uniformly throughout the country, including in
Special Economic Zones (SEZs); however, local political leaders and
officials who governed the SEZs attempted to frustrate union organizing
efforts by maintaining union-free or strike-free policies. A conflict
over interpretation of the SEZ law's provisions for labor inspection
further obstructed the enforcement of workers' rights to organize. The
DOLE can conduct inspections of SEZs and establishments located there,
although local zone directors claimed authority to conduct their own
inspections as part of the zones' privileges intended by congress.
Hiring often was controlled tightly through SEZ labor centers. Union
successes in organizing in the SEZs were few and marginal in part due
to organizers' restricted access to the closely guarded zones and the
propensity among zone establishments to adopt fixed-term, casual,
temporary, or seasonal employment contracts.
Labor unions claimed that government security forces were stationed
near industrial areas or SEZs to intimidate workers attempting to
organize. Labor groups also alleged that companies in SEZs used
frivolous lawsuits as a means of harassing union leaders and reported
that firms used bankruptcy as a reason for closing and dismissing
workers attempting to organize. Bankruptcy is an acceptable reason for
closing a firm, unless there is a pattern in which it was falsified and
used to deny worker rights.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor; however, there were reports that such
practices occurred, particularly affecting children, mainly in
prostitution, drug trafficking, domestic service, agriculture, and
other areas of the informal sector (see sections 6 and 7.d.).
Also see the Department of State's annual Trafficking in Persons
Report at http://www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment of children under the age of 15, except
under the direct and sole responsibility of parents or guardians. The
law allows employment of those between the ages of 15 to 18 for certain
hours and periods of the day but forbids the employment of persons less
than 18 years of age in hazardous or dangerous work.
Child labor remained a common problem, and a significant number of
children were employed in the informal sector of the urban economy as
domestic workers or as unpaid family workers in rural agricultural
areas. NGO and government officials report cases in which family
members sell children to employers for domestic labor or sexual
exploitation. A DOLE report estimated there were more than 2.2 million
working children ages 15 to 17 in the country in 2009; the majority
were laborers and unskilled workers. There were no reliable estimates
on the number of working children below age 15, as the last
comprehensive child labor survey was conducted in 2001. Government and
NGO sources report that child workers were often exposed to hazardous
working environments in industries such as mining, fishing, pyrotechnic
production, domestic service, garbage scavenging, and agriculture,
especially sugar cane plantations. See also the Department of State's
annual Trafficking in Persons Report at www.state.gov/g/tip.
Most child labor occurred in the informal economy, often in family
settings. The Government, in coordination with a number of domestic
NGOs and international organizations, implemented programs to develop
safer options for children, return them to school, and offer families
viable economic alternatives to child labor. Although the Government
devoted additional resources to programs that worked to prevent,
monitor, and respond to child labor during the year, resources remained
inadequate.
The Government imposed fines and instituted criminal prosecutions
for child labor violations in the formal sector, such as in
manufacturing. The trial continued for a Metro Manila garment factory
that employed 10 child laborers. In October 2009 the DOLE issued a
circular that provides that businesses found guilty of violating the
child labor law more than three times would face closure. The DOLE
continued its efforts to remove child workers from hazardous
situations. From January to September, DOLE conducted five rescue
operations involving 35 child laborers.

e. Acceptable Conditions of Work.--Tripartite regional wage boards
responsible for setting minimum wages approved an increase in daily
minimum wage rates in 12 regions during the year. Under a new law,
minimum wage earners are exempt from paying income tax. The highest
minimum wage rates were in the National Capital Region, where the
minimum daily wage for nonagricultural workers was 404 pesos ($9). The
lowest minimum wage rates were in the Southern Tagalog Region, where
daily agricultural wages were 190 pesos ($4.21). Labor groups protested
that the hike, the first since 2008, was too small, and that the
national minimum wage did not provide a decent standard of living for a
worker and family. The regional wage board orders covered all private
sector workers except domestic servants and others employed in the
service of another person; these persons were frequently paid less than
the minimum wage.
Boards exempted some newly established companies and other
employers from the rules because of factors such as business size,
industry sector, export intensity, financial distress, and level of
capitalization. These exemptions excluded substantial numbers of
workers from coverage under the law. During the year, the regional wage
boards of the National Wage and Productivity Commission granted minimum
wage exemptions to 87 establishments. Unions filed complaints about the
minimum wage exemption policies.
Violation of minimum wage standards and the use of contract
employees to avoid the payment of required benefits were common,
including in the Government-designated SEZs, where tax benefits were
used to encourage the growth of export industries. According to a
January to November Bureau of Working Conditions report, 12,566 of
34,948 inspected firms were found to have violated core labor
standards. Many firms hired employees for less than the minimum
apprentice rates, even if there was no approved training in their
production-line work.
DOLE relies on a system of inspections and voluntary self-
certifications to verify labor law compliance. DOLE conducts
inspections in establishments that employ 10 to 199 workers.
Establishments employing under 10 or more than 200 persons and
unionized establishments with collective bargaining agreements are
subject to self-assessment. DOLE provided training and advisory
services to enterprises with less than 10 workers to help them comply
with national labor laws. From January to November, 11 percent (606 out
of 5,323) of commercial establishments inspected by DOLE were not in
compliance with the prevailing minimum wage. DOLE acknowledged that the
shortage of inspectors made it difficult to enforce the law. In
addition to fines, the Government also used administrative procedures
and moral suasion to encourage employers to rectify violations
voluntarily. Complaints about nonpayment of social security
contributions, bonuses, and overtime were particularly common with
regard to companies in SEZs.
By law the standard legal workweek is 48 hours for most categories
of industrial workers and 40 hours for government workers, with an
eight-hour per day limit. The Government mandates an overtime rate of
125 percent of the hourly rate on ordinary days and 130 percent on rest
days and holidays. The law mandates one day of rest each week. However,
there is no legal limit on the number of overtime hours that an
employer may require. DOLE conducted only sporadic inspections to
enforce limits on workweek hours. From January to November, DOLE labor
inspectors made 1,245 inspections to check on companies' compliance
with general labor and working standards. Labor groups maintained that
forced overtime was common.
The law provides for a comprehensive set of occupational safety and
health standards. DOLE has responsibility for policy formulation and
review of these standards, but with too few inspectors nationwide,
local authorities often must carry out enforcement. DOLE continued a
campaign to promote safer work environments in small enterprises.
Statistics on actual work-related accidents and illnesses were
incomplete, as incidents (especially in agriculture) were
underreported. Through November, DOLE conducted occupational safety
standards compliance inspections on 5,323 establishments; 1,360 (25
percent) of these had occupational safety standards violations at
inspection. Workers do not have a legally protected right to remove
themselves from dangerous work situations without risking loss of
employment.
The Government and several NGOs worked to protect the rights of the
country's overseas citizens, most of whom were temporary or contract
workers. The Government placed financial sanctions on and criminal
charges against domestic recruiting agencies found guilty of unfair
labor practices. Although POEA registered and supervised domestic
recruiters' practices successfully, the authorities sometimes lacked
sufficient resources to ensure workers' protection overseas. It sought
cooperation from receiving countries and proposed migrant worker rights
conventions in international forums. The Government also provided
assistance through its diplomatic missions in countries with
substantial numbers of migrant workers.
Most labor laws apply to foreign workers, who must obtain work
permits and may not engage in certain occupations. Typically their work
conditions were better than those faced by citizens, as they were
generally employed in the formal economy and were recruited for high-
paying, specialized positions.

__________

SAMOA

Samoa, with a population of approximately 188,000, is a
constitutional parliamentary democracy that incorporates traditional
practices into its governmental system. Executive authority is vested
in Head of State Tui Atua Tupua Tamasese Efi, elected by parliament in
2007. The unicameral parliament, elected by universal suffrage, is
composed primarily of the heads of extended families (matai). The most
recent parliamentary elections, held in 2006, were marred by charges of
bribery. All 10 by-elections subsequently ordered by the Supreme Court
were considered generally free and fair. The ruling Human Rights
Protection Party maintained its majority and continued to be the only
officially recognized party in parliament. Security forces reported to
civilian authorities.
Human rights problems included police abuse, poor prison
conditions, domestic violence against women, abuse of children, and
discrimination against women and non-matai.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices, and the
Government generally observed these prohibitions in practice. However,
there were some allegations of police abuses.
The media and publications of a local nongovernmental organization
(NGO) reported police abuses. In January a young man lodged a complaint
of police brutality through a local NGO. The man alleged that he
sustained injuries to his head, teeth, and ear after a police officer
punched him. In May the same NGO received complaints from the mother of
a 16-year-old boy who she claimed received injuries to his hands while
he was in police custody; the boy was believed to be handcuffed at the
time of questioning. In August a woman lodged a complaint through a
local NGO that she was indecently assaulted by a police officer while
under questioning at the police station. All such cases were reported
to be under investigation by the Police Professional Standards Unit. At
year's end there were no reports on the results of these
investigations.
In April the court dismissed a case against a former minister,
accused of killing a fellow villager, when not enough witnesses
appeared.
In July a senior police officer accused in March 2009 of sodomy and
indecent assault of a juvenile in 2007 at the Oloamanu Juvenile Center
was found guilty and sentenced to three-and-one-half years in prison.
However, in December the Supreme Court ordered a retrial, reportedly
due to a request from the Attorney General's Office to rehear the
witnesses' accounts. The trial continued at year's end.
There were no reported developments in the investigation of two
cases in September 2009 in which police allegedly assaulted persons in
custody.

Prison and Detention Center Conditions.--Prison conditions remained
poor. Some prison facilities were nearly a century old. The Tafaigata
men's prison had 29 cells of various sizes, including eight large
concrete cells that were approximately 30 feet by 30 feet and held 20
to 25 inmates each. Only basic provisions were made with respect to
food, water, and sanitation in the 24 older cells. Cell lighting and
ventilation remained poor; lights were only turned on from dusk until 9
p.m. Some but not all individual cells had toilet facilities.
The separate Tafaigata women's prison had five cells that were
approximately 15 feet by nine feet, and each held four to six inmates.
Bathroom facilities were in separate rooms. Physical conditions,
including ventilation and sanitation, generally were better in the
women's prison than in the men's prison.
Some juveniles were held with adults, but most were housed in the
Oloamanu Juvenile Center. Physical conditions at the center were
generally better than those at the adult facilities, but there were
unconfirmed reports of problems with food, clothing, and the water
supply.
Prisoners were permitted escorted hospital visits for medical
checks as necessary. There is a room at the police officers'
headquarters used as a medical clinic; however, there was no doctor or
nurse assigned to the facility. In September the media reported an
influenza outbreak at the Tafaigata men's prison. One of the cells
reportedly was used as an isolation cell, which public health officials
inspected daily. The influenza epidemic subsequently was contained and
eliminated.
At year's end there were more than 300 inmates at the Tafaigata
men's and women's prisons, the Oloamanu Juvenile Center, and Vaiaata
Prison combined. Most inmates were incarcerated in the Tafaigata
facilities. Although exact numbers were not available, both the men's
and the women's prisons contained more inmates than they were
originally designed to hold. By December construction was completed on
an additional wing of five cells for male inmates at Tafaigata. The
wing was expected to hold 60 inmates.
The Government permitted family members and church representatives
to visit prisons every two weeks. Families were allowed to bring food
parcels for inmates; however, the practice was disallowed in December
when police found contraband and cell phones in the parcels.
Overnight detainees were held at two holding cells at police
headquarters in Apia. The cells had good lighting, sanitation, and
ventilation. Pretrial detainees were held at the Tafaigata Prison but
in separate holding cells; they did not socialize with the rest of the
prison community.
Prisoners and detainees were permitted religious observance.
Authorities permitted prisoners and detainees to submit complaints to
judicial authorities without censorship and to request investigation of
credible allegations of inhumane conditions, and authorities
investigated such allegations and documented the results in a publicly
accessible manner. The Government investigated and monitored prison and
detention center conditions.
In August police officials announced that the Professional
Standards Unit was investigating police wardens at Tafaigata Prison
after the media published complaints made by a prisoner on parole. The
first matter involved the investigation of a claim that a police warden
impregnated a female inmate. The same female prisoner previously had
received an additional two-year sentence when she was found guilty of
having her baby aborted by another inmate. The second matter under
investigation was an allegation that police wardens had borrowed money
from inmates and failed to pay back the loans. Police officials stated
their concern regarding such events; however, at year's end officials
had not released any findings from investigations.
The Government permitted monitoring visits by independent human
rights observers; however, there were no known requests during the
year. The Office of the Ombudsman is legally mandated to receive and
investigate complaints of prisoners and detainees on issues of inhumane
overcrowding, status and circumstances of juvenile offenders, and
improvement of pretrial detention, bail, and recordkeeping procedures.
There were no complaints or reports by prisoners made known to the
Ombudsman's Office.

d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions.

Role of the Police and Security Apparatus.--The country has a small
national police force. Enforcement of rules and security within
individual villages is vested in the fono (council of matai). A
commissioner for police and prisons administration is appointed to a
three-year term and reports to the minister of police. A lack of
resources limited police effectiveness.
In May the court found an assistant commissioner guilty of indecent
assault in 2007 against a female police officer. The assistant
commissioner was fined 250 tala ($107) and put on probation for 12
months. The assistant commissioner was not reappointed when his three-
year contract ended.
The Samoa Police Force contributed to United Nations Peacekeeping
efforts in Sudan, Liberia, East Timor, and the Solomon Islands. In June
a Samoan peacekeeper was sentenced to three years' imprisonment for
negligent driving for causing the death of a civilian in the Solomon
Islands. The Samoan government negotiated an extradition agreement with
the Solomon Islands government, and at year's end the police officer
was serving his sentence in Tafaigata Prison.

Arrest Procedures and Treatment While in Detention.--The Supreme
Court issues arrest warrants based on sufficient evidence. The law
provides for the right to a prompt judicial determination regarding the
legality of detention, and the authorities generally respected this
right in practice. Detainees were informed within 24 hours of the
charges against them, or they were released. There was a functioning
bail system. Detainees were allowed prompt access to family members and
a lawyer of their choice. If the detainee was indigent, the Government
provided a lawyer.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.
Due to staff shortages, some Supreme Court and district court
judges faced a backlog of pending cases. Of particular concern were
postponements of rulings on constitutional cases, some of which were
pending for years.

Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
A trial judge examines evidence and determines if there are grounds to
proceed. Defendants have the presumption of innocence. Trials are
public, and juries are used. Defendants have the right to be present
and to timely consultation with an attorney, at public expense if
required. Defendants may confront witnesses and present witnesses and
evidence on their own behalf. Defendants and their attorneys have
access to government-held evidence, and defendants have the right to
appeal a verdict. The law extends these rights to all citizens.
Many civil and criminal matters were handled by village fono, which
varied considerably in their decision-making styles and the number of
matai involved in the decisions. The Village Fono Act recognizes the
decisions of the fono and provides for limited appeal to the Lands and
Titles Court and the Supreme Court. The nature and severity of the
dispute determine which court receives an appeal. A further appeal may
be made to the Court of Appeal if necessary. According to a 2000
Supreme Court ruling, the fono may not infringe upon villagers' freedom
of religion, speech, assembly, or association.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The laws prohibit such actions, and the Government
generally respected these prohibitions in practice. However, there is
little privacy in villages, where there can be substantial societal
pressure on residents to grant village officials access without a
warrant.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
rights in practice.
Individuals generally could criticize government officials publicly
or privately without reprisal.
The independent media were generally active and expressed a wide
variety of views without restriction. The law stipulates imprisonment
for any journalist who, despite a court order, refuses to reveal a
confidential source upon request from a member of the public. However,
there has been no court case invoking this law.
The opposition alleged limited access to state-run radio and former
state-run television.

Academic Freedom and Cultural Events.--The Government generally did
not restrict academic freedom or cultural events. The 2009 ban on the
movies Milk, Angels and Demons, The Butcher, Van Wilder, Unborn, and
The Cell 2 continued. In March the movie Precious was banned for
inappropriate scenes and story; however, the ban was lifted in April. A
local NGO that had pressed for the release of the film argued that
themes of incest and indecent assault helped raise public awareness of
these issues.

b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedoms of assembly and association, and the Government
generally respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. However, traditional law governs villages, and village fono
regularly banned citizens from village activities or banished citizens
from the village for failing to conform to village laws or obey fono
rulings. Cases of village banishment were rarely made public. Of those
cases that became known during the year, reasons for banishment
included murder, rape, adultery, and unauthorized claims to land and
matai title. In some cases civil courts overruled banishment orders.
Some banished persons were accepted back into the village after
performing a traditional apology ceremony.
In August the head of state was banned from one of his villages
after the village refused to recognize him as a title holder. The
conflict, according to media reports, arose from a dispute whereby the
head of state built a shelter without the traditional protocol
consultation with members of the village. In September traditional
leaders banished the deputy prime minister from his electoral
constituency after he delivered a letter to them announcing he would
not run in the next general elections. According to media reports, the
constituency decision was based on the deputy prime minister's failure
to follow the traditional protocol of announcing such a decision with
the leaders in person. At year's end both the head of state and deputy
prime minister remained banished from their respective villages.
The Government was willing to cooperate with the Office of the UN
High Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern, but the need did not arise during the year.
The law prohibits forced exile, and the Government did not use it.

Protection of Refugees.--The country's laws provide for the
granting of refugee status, but the Government has not established a
system for providing protection to refugees. The Government received no
requests during the year for refugee status, asylum, or protection
against the expulsion or return of refugees to countries where their
lives or freedom would be threatened on account of their race,
religion, nationality, membership in a particular social group, or
political opinion.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--The most recent elections,
held in 2006, were marred by charges of bribery. As a result of
election challenges filed by losing candidates, the Supreme Court
ordered 10 by-elections. All the mandated by-elections were conducted
and generally considered free and fair.
The law does not prohibit the formation of opposition parties, but
there were no officially recognized opposition parties. Restrictive
rules limiting the formation of viable opposition political parties has
allowed the ruling political party to dominate government since 1982.
In October 2009 and February 2010, parliament amended the Electoral Act
and the constitution, respectively, to disallow current members of
parliament from joining or associating with political parties other
than those of which they were members during their initial oath of
allegiance. As a result, in March three Independent members resigned
from parliament because of their association with the Tautua Samoa
Party. After by-elections in May, two members were reelected, while the
ruling Human Rights Protection Party gained the other seat.
While the constitution gives all citizens above the age of 21 the
right to vote and run for office, by social custom candidates for 47 of
the 49 seats in parliament are drawn from the approximately 30,000
matai, who are selected by family agreement; there is no age
qualification. Although both men and women are permitted to become
matai, only 8 percent were women. Matai controlled local government
through the village fono, which were open to them alone.
There were four women in the 49-member parliament, three of whom
served in the 13-member cabinet. One woman served as head of a
constitutional office, two women as chief executive officers of
government ministries, and six women as general managers of government
corporations. There are no constitutional quotas reserved for the
number of female parliamentarians.
The political rights of citizens who are not of ethnic Samoan
heritage are addressed by the reservation of two parliamentary seats
for at-large members of parliament, known as ``individual voters''
seats. One at-large cabinet minister and parliamentarian was of mixed
European-Samoan heritage. Citizens of mixed European-Samoan or Chinese-
Samoan heritage were well represented in the civil service.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented the law effectively. Penalties
ranged from several months to several years of imprisonment if
convicted. There were isolated reports of government corruption during
the year.
In March a cabinet minister pled guilty to two charges of negligent
driving and was fined 300 tala ($130) from two separate accidents in
November 2009. On one occasion, he was driving a government vehicle; on
the other, a government-paid rental vehicle.
In July an account officer in the Ministry of Police pled guilty to
charges of theft from a 2008 charge of embezzling approximately 270,000
tala ($116,460) and was sentenced to four-and-one-half years'
imprisonment. The case of two other account officials in the Ministry
of Finance continued at year's end.
Police corruption was not a significant problem, although there
were credible reports of minor instances of bribery, such as bribes to
avoid traffic citations.
Public officials were not subject to financial disclosure laws;
however, such disclosure was encouraged by codes of ethics applicable
to boards of directors of government-owned corporations. The law
provides for an ombudsman to investigate complaints against government
agencies, officials, or employees, including allegations of corruption.
The ombudsman may require the Government to provide information
relating to a complaint.
By law, government information is subject to disclosure in civil
proceedings involving the Government, unless the information is
considered privileged or its disclosure would harm the public interest.
In the case of other requests, petitioners had to navigate an often
slow bureaucratic process, and consequently information was not always
obtainable in a timely manner.
The November 2009 report of the UN Group of Experts on the
Democratic Republic of the Congo (DRC) presented information indicating
that African Ventures Ltd., which was registered in Samoa, directly or
indirectly funded conflict and perpetrators of human rights abuses in
the eastern DRC.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
The Government cooperated with international governmental
organizations and permitted visits by UN representatives and other
organizations. In July representatives from the UN Convention Against
Corruption visited the country, as did UN Human Rights Council
representatives in September; each group conducted regional and local
workshops.
The Office of the Ombudsman was generally considered effective and
operated free from government or political party interference; however,
the Government did not always adopt its recommendations.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, gender,
disability, language, or social status, and the Government generally
respected these provisions in practice. However, politics and culture
reflected a heritage of matai privilege and power, and members of
certain families of high traditional status possessed some advantages.

Women.--The constitution prohibits abuse of women, but common
societal attitudes tolerated their physical abuse within the home; such
abuse was common.
Rape is illegal, but there is no legal provision against spousal
rape. Many cases of rape went unreported because common societal
attitudes discouraged such reporting. In recent years, however,
authorities noted a rise in the number of reported cases of rape. This
appeared to be a result of efforts by government ministries and local
NGOs to increase awareness of the problem and the need to report rape
cases to police. Rape cases that reached the courts were treated
seriously, and the conviction rate was generally high. The penalties
for rape range from two years' to life imprisonment, but a life
sentence has never been imposed. The trial of the former cabinet
minister charged with 22 charges of rape and assault was adjourned to
January 2011 after the prosecution was allowed more time to collect
evidence. In October a former deputy speaker of the house admitted to a
charge of attempted rape following a 2009 complaint from a female
relative. In December the former deputy speaker was sentenced to four
years' imprisonment.
Domestic abuses typically went unreported due to social pressure
and fear of reprisal. Village fono typically punished domestic violence
offenders, but only if the abuse was considered extreme (that is,
visible signs of physical abuse). Village religious leaders also were
permitted to intervene in domestic disputes. When police received
complaints from abused women, the Government punished the offender,
including by imprisonment. Domestic violence is charged as common
criminal assault, with penalties ranging from several months to one
year in prison. The Government did not keep statistics on domestic
abuse cases specifically but acknowledged the problem to be one of
considerable concern. The Ministry of Police has a nine-person Domestic
Violence Unit, which worked in collaboration with NGOs that combated
domestic abuse. NGO services for abused women included confidential
hotlines, in-person counseling, victim support, and shelters.
From February to August, a local NGO carried out a national
campaign to bring awareness through reporting, services, and
information against abuses to women and children. The campaign included
holding community workshops, providing counseling, and posting banners
along roadsides throughout the country.
Couples and individuals have the right to decide freely and
responsibly the number, spacing, and timing of their children and to
have the information and means to do so free from discrimination. The
National Health Service, private hospitals, general practitioners, and
various health care centers provided information and access to
contraception and access to maternal health services, which included
skilled attendance during childbirth, prenatal care, and essential
obstetric and postpartum care. The UN Children's Fund (UNICEF) reported
that the estimated annual maternal mortality rate was 29 deaths per
100,000 births from 2003 to 2008. Women and men had equal access to
diagnosis and treatment for sexually transmitted infections, including
HIV.
Women have equal rights under the constitution and statutory law,
and the traditionally subordinate role of women was changing, albeit
slowly, particularly within the more conservative segments of society.
The Ministry of Women, Community, and Social Development oversees and
helps secure the rights of women. To integrate women into the economic
mainstream, the Government sponsored numerous programs, including
literacy and training programs for those who did not complete high
school.
A labor law provision prohibits employment of women between
midnight and 6 a.m. unless special permission is granted by the
commissioner of labor. This regulation was generally observed.
Permission for night work was generally granted upon application.

Children.--Citizenship is derived by birth in the country if at
least one parent is a citizen; the Government may also grant
citizenship by birth to a child born in the country if the child would
otherwise be stateless. Citizenship also is derived by birth abroad to
a citizen parent who either was born in Samoa or resided there at least
three years.
By law education is compulsory through the age of 14. The
Government did not effectively enforce the compulsory education law, as
children under the age of 14 years were seen selling goods on the
streets during school hours.
The January enactment of the 2009 Education Act led to a government
initiative, supported by foreign assistance, that suspends public and
private Christian school fees for five years for all students attending
public school under the age of 14. However, students had to pay some
administration fees, which were controlled by respective school boards
for operating the school.
Law and tradition prohibit the severe abuse of children, but both
tolerate corporal punishment. Although there were no official
statistics available, press reports indicated a rise in reported cases
of child abuse, especially incest and indecent assault cases, which
appeared to be due to citizens' increased awareness of the need to
report physical, emotional, and sexual abuse of children. The
Government aggressively prosecuted such cases. In August a teacher was
sentenced to 12 months' probation and fined 150 tala ($65) for
inflicting bodily harm on a high school student.
The minimum age for consensual sex is 16 years; the maximum penalty
for violators is seven years' imprisonment. There is no specific
criminal provision regarding child pornography; however, child
pornography cases can be prosecuted under a provision of law that
prohibits distribution or exhibition of indecent material. The maximum
penalty is imprisonment for two years.
The Ministry of Justice and Courts Administration and the Ministry
of Education, in collaboration with NGOs, carried out educational
activities to address domestic violence and inappropriate behavior
between adults and children and to promote human rights awareness.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction.

Anti-Semitism.--The country had no organized Jewish community, and
there were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--There is no law pertaining specifically
to the status of persons with disabilities or regarding accessibility
for them. Tradition dictates that families care for persons with
disabilities, and this custom was observed widely in practice. There
were no reports of discrimination against persons with disabilities,
including physical, sensory, intellectual, and mental disabilities, in
the areas of employment, education, access to health care, or the
provision of other state services. Many public buildings were old, and
only a few were accessible to persons with disabilities. Most new
buildings provided better access, including ramps and elevators in most
multistory buildings.
The Ministry of Women, Community, and Social Development has
responsibility for protecting the rights of persons with disabilities.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Sodomy and ``indecency between
males'' are illegal, with maximum penalties of seven and five years'
imprisonment, respectively. However, these provisions were not actively
enforced with regard to consensual homosexual acts between adults.
There were no reports of societal violence based on sexual orientation
or gender identity; however, there were isolated cases of
discrimination.

Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--Workers legally have unrestricted
rights to establish and join organizations of their own choosing. There
were no practical limitations to union membership, and approximately 20
percent of the private sector workforce was unionized. The Public
Service Association functioned as a union for all government workers,
who made up approximately 8,000 of the approximately 25,000 workers in
the formal economy. Unions generally conducted their activities free
from government interference.
The Supreme Court has upheld the right of government workers to
strike, subject to certain restrictions imposed principally for reasons
of public safety, and workers exercised this right.
Workers in the private sector have the right to strike, but there
were no private sector strikes during the year.

b. The Right to Organize and Bargain Collectively.--The law
provides workers with the right to organize and bargain collectively,
and workers exercised this right in practice. The Public Service
Association engages in collective bargaining on behalf of government
workers, including bargaining on wages. Arbitration and mediation
procedures are in place to resolve labor disputes, although such
disputes rarely arose.
There are no special laws or exemptions from regular labor laws in
the sole export processing zone.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, but the matai frequently called upon
persons, including minors, to work for their villages. Most persons did
so willingly; however, the matai may compel those who do not.

d. Prohibition of Child Labor and Minimum Age for Employment.--It
is illegal to employ children under the age of 15 years except in
``safe and light work.'' The Ministry of Labor refers complaints of
illegal child labor to the attorney general for enforcement; however,
no cases were prosecuted during the year. The law does not apply to
service rendered to family members or the matai, some of whom required
children to work for the village, primarily on village farms. The
extent of this practice varied by village, but it generally did not
significantly disrupt children's education.
Children frequently were seen vending goods and food on Apia street
corners. The Government has not made a definitive determination whether
this practice violates the country's labor laws, which cover only
persons who have a place of employment. Although the practice may
constitute a violation of the law, local officials mostly tolerated it.
To address the child vendor problem, the 2009 Education Act prohibits
any student from being engaged in light or heavy industrial activity
within school hours of 8 a.m. to 2 p.m.; however, it did not ban
vending by children under 14 years of age altogether.

e. Acceptable Conditions of Work.--An advisory commission to the
minister of labor makes recommendations on minimum wage increases every
five years, based on national surveys held every three years. There
were two minimum wages: two tala ($0.86) per hour for the private
sector, and 2.65 tala ($1.14) for the public sector. In June the
public-sector minimum wage was passed by government after
recommendation by the advisory commission; however, in December
authorities decided to maintain the private-sector minimum wage at two
tala. Neither provided a decent standard of living for a worker and
family unless supplemented by other activities, such as subsistence
farming and fishing. Wages in the private sector are determined by
competitive demand for the required skills but should not be less than
the minimum private sector wage.
The provisions of the Labor Act cover only the private sector; a
separate law, the Public Service Act, covers public sector workers.
Labor laws stipulate a standard workweek of no more than 40 hours, or
eight hours per day (excluding meal times). For the private sector,
overtime pay is specified at time and a half, with double time for work
on Sundays and public holidays and triple time for overtime on such
days. For the public sector, there is no paid overtime, but
compensatory time off is given for overtime work.
The Occupational Safety Hazard Act establishes certain rudimentary
safety and health standards for workplaces, which the Ministry of
Commerce, Industry, and Labor is responsible for enforcing. The law
also covers persons who are not workers but who are lawfully on the
premises or within the workplace during work hours. However,
independent observers reported that safety laws were not enforced
strictly, except when accidents highlighted noncompliance. Work
accidents were investigated when reports were received. Many
agricultural workers, among others, were inadequately protected from
pesticides and other dangers to health. Government education and
awareness programs addressed these concerns by providing appropriate
training and equipment to agricultural workers. Safety laws do not
apply to agricultural service rendered to the matai.
While the law does not address specifically the right of workers to
remove themselves from dangerous work situations, the commissioner of
labor investigates such cases, without jeopardy to continued
employment. The Government investigated several cases during the year.
Government employees are covered under different and more stringent
regulations, which were enforced adequately by the Public Service
Commission.

__________

SINGAPORE

Singapore is a parliamentary republic in which the People's Action
Party (PAP), in power since 1959, overwhelmingly dominates the
political scene. The population was approximately five million, with
foreign guest workers accounting for one-quarter of the total.
Opposition parties exist, and the 2006 parliamentary elections were
generally fair and free of tampering; however, the PAP placed
formidable obstacles in the path of political opponents. Security
forces reported to civilian authorities.
The Government has broad powers to limit citizens' rights and
handicap political opposition, which it used. Caning is an allowable
punishment for numerous offenses. The following human rights problems
also were reported: preventive detention, infringement of citizens'
privacy rights, restriction of speech and press freedom and the
practice of self-censorship by journalists, restriction of freedoms of
assembly and association, some limited restriction of freedom of
religion, and some trafficking in persons.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and the Government
generally respected these prohibitions.
The law mandates caning, in addition to imprisonment, as punishment
for approximately 30 offenses involving violence, such as rape and
robbery, and for nonviolent offenses such as vandalism, drug
trafficking, and violation of immigration laws. The cane, made of
rattan, is four feet long and one-half inch in diameter; it is soaked
in water and treated with antiseptic before the caning. The caning
officer delivers the strokes using the whole of his body weight. Caning
is discretionary for convictions on other charges involving the use of
force, such as kidnapping or voluntarily causing grievous hurt. All
women, men over age 50 or under age 16, and persons determined
medically unfit are exempt from punishment by caning. During the year,
3,170 convicted persons were sentenced to judicial caning, and 98.7
percent of caning sentences were carried out.

Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards.
At year's end the total number of prisoners and detainees in
custody of the authorities was 12, 798, of whom 9.4 percent were women.
Ninety-four inmates, ages 17 and 18, comprised the juvenile prison
population, which included drug rehabilitation center inmates. The
designed capacity of the prison system was 15,564.
The frequency and type of visitors allowed was determined by the
category of the inmate. In general, family members and close relatives
were allowed to visit inmates. The Prison Authority must approve
nonrelatives who wish to visit. Most inmates were allowed visits either
once or twice every month. Prisoners awaiting trial were allowed visits
every weekday. Most inmates were allowed up to three visitors in a
visit session. The prison system also uses tele-visits. There were
seven teleconference centers located throughout the city-state,
including one specifically for visits by children under age 21.
Religious services within the prison system were provided by
volunteers from religious organizations such as the Prison Fellowship,
the Buddhist Federation, the Roman Catholic Prison Ministry, SANA
(Muslim), and the Sikh Welfare Council.
Authorities permitted prisoners and detainees to submit complaints
to judicial authorities without censorship and to request investigation
of credible allegations of inhumane conditions. The Board of Visiting
Justices, made up of justices of the peace who are appointed by the
prime minister, is responsible for the basic welfare of the prisoners
and conducts prison inspections. All inmates have access to the
visiting justices.
Authorities investigated credible allegations of inhumane
conditions and documented the results of such investigations in a
publicly accessible manner. The Government investigated and monitored
prison and detention center conditions. The Institutional Discipline
Advisory and Review Committee renders an opinion to the director of
prisons on whether corporal punishment ordered by a superintendent on
any inmate for committing an institutional offense in penal
institutions or drug rehabilitation centers is excessive.
The Government did not allow human rights monitors to visit
prisons; however, diplomatic representatives were given regular,
frequent consular access to citizens of their countries.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the police force and the armed
forces, and the Ministry of Home Affairs and the Corrupt Practices
Investigation Bureau had effective mechanisms to investigate and punish
abuse and corruption. There were no reports of impunity involving the
security forces during the year.

Arrest Procedures and Treatment While in Detention.--The law
provides that, in most instances, arrests are to be carried out after
issuance of an authorized warrant; however, some laws, such as the
Internal Security Act (ISA), provide for arrests without warrants.
Those arrested under warrants must be charged before a magistrate
within 48 hours. The majority of those arrested were charged
expeditiously and brought to trial. A functioning bail system exists.
Those who face criminal charges are allowed counsel; however, there is
no access to counsel during an initial arrest and investigation before
charges are filed. The Government assigned attorneys to represent
indigent persons accused of capital crimes. The Law Society
administered a legal aid plan for some other accused persons who could
not afford to hire an attorney.
Some laws--the ISA, the Criminal Law (Temporary Provisions) Act
(CLA), the Misuse of Drugs Act (the drug act), and the Undesirable
Publications Act (UPA)--have provisions for arrest and detention
without a warrant, and under the ISA, CLA, and drug act, executive
branch officials can order continued detention without judicial review.
The ISA has been employed primarily against suspected security threats;
in recent years such threats have come from suspected terrorists. The
CLA has been employed primarily against suspected organized crime and
drug trafficking.
The ISA and the CLA permit preventive detention without trial for
the protection of public security, safety, or the maintenance of public
order. The ISA authorizes the minister for home affairs, with the
consent of the president, to order detention without filing charges if
it is determined that a person poses a threat to national security. The
initial detention may be for up to two years, and the minister for home
affairs may renew the detention for an unlimited number of additional
periods of up to two years at a time with the president's consent.
Detainees have a right to be informed of the grounds for their
detention and are entitled to counsel. However, they have no right to
challenge the substantive basis for their detention through the courts.
The ISA specifically excludes recourse to the normal judicial system
for review of a detention order made under its authority. Instead,
detainees may make representations to an advisory board, headed by a
Supreme Court justice, which reviews each detainee's case periodically
and must make a recommendation to the president within three months of
the initial detention. The president may concur with the advisory
board's recommendation that a detainee be released prior to the
expiration of the detention order, but he is not obligated to do so.
In January, a member of the Moro Islamic Liberation Front (MILF)
was arrested for terrorist activities and ordered to be detained under
the ISA.
In July three male citizens, suspected of links to Muslim radicals,
were arrested. One, a full-time member of the armed forces, was ordered
detained for two years under the ISA. The other two were placed under
Restriction Orders (ROs--limits on ability to travel and participate in
public organizations and activities) for two years.
In August, three years after escaping from custody, Mas Selamat
Kastari, the leader of the Singapore Jemaah Islamiya (JI) terrorist
network, was returned to Singapore by Malaysian law enforcement
authorities and again detained under the ISA.
At year's end 15 detainees were held under the ISA as suspected
terrorists. The majority were suspected of belonging to JI; three were
suspected of self-radicalization, and one was detained for his
suspected involvement with the MILF.
A religious rehabilitation program designed to wean detained
terrorists from extremist ideologies is in effect, and a number of
detainees were released under the program, subject to ROs. The
authorities stated that all of the detainees released cooperated in
investigations and responded positively to rehabilitation.
At year's end 48 persons were on ROs. This number included both
released detainees and suspected terrorists who were never arrested. A
person subject to an RO must seek official approval for a change of
address or occupation, for overseas travel, or for participation in any
public organization or activity. There is also a category of Suspension
Direction (SD), which prohibits association with militant or terrorist
groups or individuals as well as the ability to travel outside the
country without the prior written approval of the Government. During
the year two persons were on SDs. Detainees released on ROs and SDs
were monitored by the authorities and required to report to authorities
on a regular basis.
Authorities released two JI detainees, being held under the ISA, on
ROs in January. In the same month, the Government did not renew the
expired ROs of three other JI members who had been on ROs since 2004.
In February authorities released a self-radicalized detainee under
an SD and in July released a JI detainee under an SD.
The CLA comes up for renewal every five years and was last renewed
in February 2009. Under the CLA the minister for home affairs may order
preventive detention, with the concurrence of the public prosecutor,
for an initial period of one year, and the president may extend
detention for additional periods of up to one year at a time. The
minister must provide a written statement of the grounds for detention
to the Criminal Law Advisory Committee (CLAC) within 28 days of the
order. The CLAC then reviews the case at a private hearing. CLAC rules
require that detainees be notified of the grounds of their detention at
least 10 days prior to this hearing, in which a detainee may represent
himself or be represented by a lawyer. After the hearing the committee
makes a written recommendation to the president, who may cancel,
confirm, or amend the detention order. Persons detained under the CLA
have recourse to the courts via an application for a writ of habeas
corpus. Persons detained without trial under the CLA are entitled to
counsel, but they may challenge the substantive basis for their
detention only to the CLAC. The CLA was used almost exclusively in
cases involving narcotics or criminal organizations and has not been
used for political purposes. In 2008 the most recent year for which
statistics were available, the Government issued 64 detention orders
and six police supervision orders, and 290 persons were in detention
under the CLA. During the five-year period from 2004 through 2008, the
Government detained 366 persons and released 272 persons under the CLA.
Persons who allege mistreatment while in detention may bring
criminal charges against government officials alleged to have committed
such acts; no such cases were reported during the year.
Both the ISA and the CLA contain provisions that allow for modified
forms of detention such as curfews, residence limitations, requirements
to report regularly to the authorities, limitations on travel, and, in
the case of the ISA, restrictions on political activities and
association.
The drug act also permits detention without trial. Under the drug
act, if a suspected drug abuser tests positive for an illegal drug, the
director of the Central Narcotics Bureau (CNB) may commit the person to
a drug rehabilitation center for a six-month period, which is
extendable by a review committee of the institution for up to a maximum
of three years. At year's end 765 persons were held in drug
rehabilitation centers while 32 persons were held in the Inhalant
Treatment Center. Under the Intoxicating Substances Act, the CNB
director may order the treatment of a person believed to be an inhalant
drug abuser for up to six months.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence; however, in practice constitutionally authorized laws
that limit judicial review permit restrictions on individuals'
constitutional rights. The president appoints judges to the Supreme
Court on the recommendation of the prime minister and in consultation
with the chief justice. The president appoints subordinate court judges
on the recommendation of the chief justice. The term of appointment is
determined by the Legal Service Commission (LSC), of which the chief
justice is the chairman. Under the ISA and the CLA, the president and
the minister for home affairs have substantial de facto judicial power,
which explicitly (in the case of the ISA) or implicitly (in the case of
the CLA) excludes normal judicial review. These laws provide the
Government with the power to limit, on vaguely defined national
security grounds, the scope of certain fundamental liberties that
otherwise are provided for in the constitution.
Government leaders historically have used court proceedings, in
particular defamation suits, against political opponents and critics.
Both this practice and consistent awards in favor of government
plaintiffs raised questions about the relationship between the
Government and the judiciary and led to a perception that the judiciary
reflected the views of the ruling party in politically sensitive cases.
In past years, some opposition politicians have been bankrupted by such
suits.
Some commentators and representatives of international
nongovernmental organizations (NGOs) said that the LSC's authority to
rotate subordinate court judges and magistrates and the Government's
discretion with regard to extending the tenure of Supreme Court judges
beyond the age of 65 undermined the independence of the judiciary.

Trial Procedures.--The law provides for the right to a fair trial,
and independent observers viewed the judiciary as generally impartial
and independent, except in a small number of cases involving direct
challenges to the Government or the ruling party. The judicial system
generally provides citizens with an efficient judicial process. In
normal cases the Criminal Procedure Code provides that a charge against
a defendant must be read and explained to him as soon as it is framed
by the prosecution or the magistrate. Trials are public and heard by a
judge; there are no jury trials. Defendants have the right to be
present at their trials and to be represented by an attorney; the Law
Society administers a criminal legal-aid plan for those who cannot
afford to hire an attorney. In death penalty cases, the Supreme Court
appoints two attorneys for defendants who are unable to afford their
own counsel. Defendants also have the right to question opposing
witnesses, to provide witnesses and evidence on their own behalf, and
to review government-held evidence relevant to their cases. Defendants
enjoy a presumption of innocence and the right of appeal in most cases.
Despite the general presumption of innocence, the drug act stipulates
that a person, who the prosecution proves has illegal narcotics in his
possession, custody, or control, shall be assumed to be aware of the
substance and places the burden on the defendant to prove otherwise.
The same law also stipulates that, if the amount of the narcotic is
above set limits, it is the defendant's burden to prove he or she did
not have the drug for the purpose of trafficking. Convictions for
narcotics trafficking offenses carry lengthy jail sentences or the
death penalty, depending on the type and amount of the illegal
substance.
Persons detained under the ISA or CLA are not entitled to a public
trial. In addition proceedings of the advisory board under the ISA and
CLA are not public.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is no
differentiation between civil and criminal judicial procedures. The
subordinate courts handled the majority of civil cases. Access to the
courts is open, and citizens and residents have the right to sue for
infringement of human rights. There were no known attempts to use legal
action against the Government for human rights violations.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution does not address privacy rights;
remedies for infringement of some aspects of privacy rights are
available under statutory or common law. The Government generally
respected the privacy of homes and families; however, it had a
pervasive influence over civic and economic life and sometimes used its
broad discretionary powers to infringe on these rights. Normally the
police must have a warrant issued by a court to conduct a search;
however, they may search a person, home, or property without a warrant
if they decide that such a search is necessary to preserve evidence or
under the discretionary powers of the ISA, CLA, the drug act, and the
UPA.
Law enforcement agencies, including the Internal Security
Department and the Corrupt Practices Investigation Board, had extensive
networks for gathering information and conducting surveillance and
highly sophisticated capabilities to monitor telephone and other
private conversations. No court warrants are required for such
operations. Most residents believed that the authorities routinely
monitored telephone conversations and the use of the Internet. Most
residents also believed that the authorities routinely conducted
surveillance of some opposition politicians and other government
critics.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and freedom of expression but permits official
restrictions on these rights, and in practice the Government
significantly restricted freedom of speech and of the press. Government
intimidation and pressure to conform resulted in self-censorship among
journalists; however, there was a moderate level of debate in
newspapers and on the Internet on some public issues such as the
institution of a minimum wage, immigration policy, and censorship.
There also was extensive coverage of opposition parties and candidates
in the Government-linked media.
Under the ISA the Government may restrict or place conditions on
publications that incite violence, counsel disobedience to the law,
have the potential to arouse tensions in the country's diverse
population, or might threaten national interests, national security, or
public order. The ISA has not been invoked in recent years against
political opponents of the Government.
Government leaders urged that news media support the goals of the
elected leadership and help maintain social and religious harmony. In
addition to strict defamation and press laws, the Government's
demonstrated willingness to respond vigorously to what it considered
personal attacks on officials led journalists and editors to moderate
or limit what was published.
Citizens do not need a permit to speak at indoor public gatherings
outside the hearing or view of nonparticipants, unless the topic refers
to race or religion.
The Government effectively restricts the ability to speak or
demonstrate freely in public to a single location called Speakers'
Corner, which is located in a public park. Prospective speakers must be
citizens or permanent residents and show their identification cards.
Events need not be registered in advance with the police but must be
preregistered online with the Government. While it was not necessary to
declare speech topics in advance, regulations governing the Speakers'
Corner state that ``the speech should not be religious in nature and
should not have the potential to cause feelings of enmity, ill will, or
hostility between different racial or religious groups.''
In August in a rally organized by the Singapore Anti-Death Penalty
Campaign and the socio-political Web site The Online Citizen,
approximately 140 persons gathered at the Speaker's Corner to sign a
petition urging that a Malaysian drug trafficker who had been sentenced
to death be spared.
The Government strongly influenced both the print and electronic
media. Two companies, Singapore Press Holdings Limited (SPH) and
MediaCorp, owned all general circulation newspapers in the four
official languages--English, Chinese, Malay, and Tamil. MediaCorp was
wholly owned by a government investment company. SPH was a private
holding company with close ties to the Government; the Government must
approve (and can remove) the holders of SPH management shares, who have
the power to appoint or dismiss all directors or staff. As a result,
while newspapers printed a large and diverse selection of articles from
domestic and foreign sources, their editorials, coverage of domestic
events, and reporting of sensitive foreign relations topics usually
closely reflected government policies and the opinions of government
leaders.
Columnists' opinions and letters to the editor expressed a moderate
range of opinions on public issues.
Government-linked companies and organizations operated all domestic
broadcast television channels and almost all radio stations. Only one
radio station, the BBC World Service, was completely independent of the
Government. Some Malaysian and Indonesian television and radio
programming could be received, but satellite dishes were banned, with
few exceptions. Cable subscribers had access to numerous foreign
television news channels and many entertainment channels. In general
these were not censored with the exception of certain themes such as
homosexuality and explicit sexual content.
The Media Development Authority (MDA), a statutory board under the
Ministry of Information, Communications, and the Arts (MICA), continued
to heavily regulate broadcast and print media, Internet sites, and
other media, including movies, video materials, computer games, and
music. Banned publications consisted primarily of sexually oriented
materials but also included some religious and political publications.
Both the MDA and MICA developed censorship standards with the help of a
citizen advisory panel. The ISA, the UPA, and the Films Act allow the
banning, seizure, censorship, or restriction of written, visual, or
musical materials if authorities determine that such materials threaten
the stability of the state, contravene moral norms, are pornographic,
show excessive or gratuitous sex and violence, glamorize or promote
drug use, or incite racial, religious, or linguistic animosities. The
MDA has the power to sanction broadcasters for broadcasting what it
believes to be inappropriate content. All content shown between 6 a.m.
and 10 p.m. must be suitable for viewers of all ages.
A substantial number of foreign media operations were located
within the country, and a wide range of international magazines and
newspapers could be purchased uncensored. However, under the Newspaper
and Printing Presses Act (NPPA), the Government may limit the
circulation of foreign publications that it determines interfere with
domestic politics. The NPPA requires foreign publications that report
on politics and current events in Southeast Asia, with circulation of
300 or more copies per issue, to register, post a S$200,000
(approximately $153,000) bond, and name a person in the country to
accept legal service. The Government has granted exemptions to 19 of
the 24 publications to which these requirements could apply.
The Government may limit (or ``gazette'') the circulation of
publications. The Government also may ban the circulation of domestic
and foreign publications under provisions of the ISA and the UPA. The
Broadcasting Act empowers the minister for information, communication,
and the arts to gazette or place formal restrictions on any foreign
broadcaster deemed to be engaging in domestic politics. Once
``gazetted,'' a broadcaster can be required to obtain express
permission from the minister to continue broadcasting in the country.
The Government may impose restrictions on the number of households
receiving a broadcaster's programming, and a broadcaster may be fined
up to S$100,000 (approximately $76,500) for failing to comply.
Critics charged that government leaders used defamation lawsuits or
threats of such actions to discourage public criticism and intimidate
opposition politicians and the press. Conviction on criminal defamation
charges may result in a prison sentence of up to two years, a fine, or
both.
In March the International Herald Tribune (IHT) settled the libel
lawsuit brought by Prime Minister Lee Hsien Loong, Senior Minister Goh
Chok Tong, and Minister Mentor Lee Kuan Yew. An apology was issued for
a February article from which readers may have inferred that Lee Hsien
Loong attained his position through nepotism. The IHT's publisher, The
New York Times Co., the editor of the global edition, and the article's
writer paid a total of S$160,000 (approximately $122,400) in damages.
In July Christopher Neo, vice president of the opposition National
Solidarity Party, was issued a summons for illegal hawking by the
National Environment Agency for selling the party's newsletter without
a license, the first such summons issued to a political party since
2003.
The attorney general may bring charges for contempt of court, and
he used this power to charge several persons who published criticisms
of the judiciary.
On November 16, freelance journalist and author, Alan Shadrake, was
sentenced to six weeks in jail and a fine of S$20,000 ($15,300) for
contempt of court for 11 passages which impugned the impartiality,
integrity, and independence of the Singapore courts in his antideath-
penalty book Once a Jolly Hangman: Singapore Justice in the Dock. He
also was held responsible for the prosecution's cost, S$50,000
($38,250). On November 22, the court granted Shadrake a stay on his
sentence pending appeal. Although the authorities have not officially
banned Shadrake's book, it can no longer be found for sale in the
country.

Internet Freedom.--Although residents generally had unrestricted
access to the Internet, the Government subjected all Internet content
to the same rules and standards as traditional media. However, the
Government did not appear to enforce many restrictions on Internet
content, and some banned videos and other materials were accessible
online. Individuals and groups could engage in the expression of views
via the Internet, including by e-mail. Internet service providers
(ISPs) are required to ensure that content complies with the MDA's
Internet code of practice. The MDA also regulates Internet material by
licensing the ISPs through which local users are required to route
their Internet connections. The law permits government monitoring of
Internet use, and the Government closely monitored Internet activities
such as blogs and podcasts. The MDA was empowered to direct service
providers to block access to Web sites that, in the Government's view,
undermined public security, national defense, racial and religious
harmony, or public morals. Political and religious Web sites must
register with the MDA. Although a government-appointed review panel
recommended the Government cease banning100 specific Web sites that the
Government considered pornographic, incited racial and religious
intolerance, or promoted terrorism and extremism, the ban remained.
In August a citizen was arrested for inciting violence through
comments he posted on his Facebook page criticizing the Youth Olympic
Games organizing committee. He was released on bail.
The Internet was widely available and used, with extensive wireless
access throughout the country. According to the 2009 Singapore Infocomm
Development Authority's Household and Individual Usage Survey, 81
percent of the country's inhabitants had household Internet access.

Academic Freedom and Cultural Events.--All public institutions of
higher education and political research had limited autonomy from the
Government. Although faculty members are not technically government
employees, in practice they were subject to potential government
influence. Academics spoke, published widely, and engaged in debate on
social and political issues. However, they were aware that any public
comments outside the classroom or in academic publications that
ventured into prohibited areas--criticism of political leaders or
sensitive social and economic policies, or comments that could disturb
ethnic or religious harmony or appeared to advocate partisan political
views--could subject them to sanctions. Publications by local academics
and members of research institutions rarely deviated substantially from
government views.
In March 2009 Parliament amended the Films Act to permit certain
previously banned political films. Documentary films ``without any
animation and composed wholly of an accurate account'' depicting
events, persons, or situations, and party-political videos, party
manifestoes, or declarations of policy are now permitted, provided they
do not contain ``dramatic'' elements. The Films Act does not to apply
to any film sponsored by the Government and allows the MICA minister to
exempt any film from the act. The amended Films Act also preserves the
MICA minister's power to ban any film, whether political or not, that
in his opinion is ``contrary to the public interest.''
In July MICA banned the film Dr. Lim Hock Siew under a section of
the Films Act that allows the banning of any film that is contrary to
public interest. The Government contended the film gave a ``distorted
and misleading portrayal of Dr. Lim's 1963 arrest and detention under
the ISA.''
Certain films that were barred from general release may be allowed
limited showings, either censored or uncensored, with a special rating.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides citizens the right to peaceful
assembly but permits Parliament to impose restrictions ``it considers
necessary or expedient'' in the interest of security, public order, or
morality; in practice the Government restricted this right. Public
assemblies, including political meetings and rallies, require police
permission. The threshold for a public assembly was previously an event
involving at least five persons, but an act passed in April 2009
redefined ``public assembly'' to include events staged by as few as one
person. However, citizens do not need permits for indoor speaking
events unless they touch on ``sensitive topics'' such as race or
religion, or for qualifying events held at Speakers' Corner.
Spontaneous public gatherings or demonstrations were virtually unknown.
The 2009 act also gives police the power to order a person to ``move
on'' from a certain area and not to return to the designated spot for
24 hours.
During the year a number of Falun Gong practitioners who were
Peoples' Republic of China (PRC) citizens with permanent residency,
dependent, and student visa statuses claimed harassment by the police
and immigration authorities. In December five practitioners were
convicted of committing or abetting vandalism for displaying placards
and posters in a pedestrian underpass near the site of their group
exercises in October 2009. The authorities impounded their passports
and issued them special passes authorizing them to remain in the
country. The special passes forbid them to work and must be renewed on
a monthly basis. Other PRC-citizen Falun Gong practitioners in the
country also claimed to be in an ``immigration limbo'' unable to work,
and some reportedly left the country.
In August authorities arrested a PRC-citizen Falun Gong
practitioner in Singapore on a social visitor's pass for meditating at
the Esplanade. The Government decided to deport her rather than charge
her with a crime. Issued a special pass while awaiting deportation, she
appeared weekly at the Immigration and Customs authority to renew her
status.
On December 9, the NGO Singaporeans for Democracy (SFD) cancelled
plans for its International Human Rights Day march for 30 persons on
December 10 when it failed to obtain a police permit. The proposed
march was to be from Speakers' Corner to Parliament House
(approximately one-half mile); the police advised the organizers to
hold the event at Speakers' Corner. The SFD's appeal also was denied.
In April five members of the opposition Singapore Democratic Party
(SDP) were convicted of taking part in a 2007 procession without a
valid permit. The High Court allowed the Government a rare appeal of
their October 2009 acquittal.
In May 12 members of the SDP were charged with taking part in an
illegal assembly in 2008. The assembly's focus was targeted at economic
issues. Each faces a fine of up to S$1,000 ($765) if convicted.
In September the SDP advertised and held a preelection rally at
Speaker's Corner. Party members, wearing red party shirts, distributed
literature, gave speeches, and played music. The rally took place
without disturbance.
The Government closely monitored political gatherings regardless of
the number of persons present. Plainclothes police officers often
monitored political gatherings.

Freedom of Association.--Most associations, societies, clubs,
religious groups, and other organizations with more than 10 members are
required to register with the Government under the Societies Act. The
Government denied registration to groups that it believed were likely
to have been formed for unlawful purposes or for purposes prejudicial
to public peace, welfare, or public order. The Government has absolute
discretion in applying criteria to register or dissolve societies.
During the year the Registry of Societies received 278 registration
applications. Eight applications were withdrawn, and 63 were pending at
year's end. Two approved applications were for new political parties:
The Socialist Front and the United Singapore Democrats. Singaporeans
for Democracy also was registered during the year.
In November the Government officially categorized the human rights
advocacy group, Maruah, as a political association under the Political
Donations Act. Maruah is the country's representative in the region-
wide Working Group for an ASEAN Human Rights Mechanism.
The Government prohibits organized political activities except by
groups registered as political parties or political associations. This
prohibition limits opposition activities disproportionately and
contributes to restricting the scope of unofficial political expression
and action. The PAP was able to use nonpolitical organizations, such as
residential committees and neighborhood groups, for political purposes
far more extensively than opposition parties. Political parties and
associations are subject to strict financial regulations, including a
ban on receiving foreign donations. Due to laws regulating the
formation of publicly active organizations, there were few NGOs apart
from nonpolitical organizations such as religious groups, ethnically
oriented organizations, and providers of welfare services.

c. Freedom of Religion.--For a complete discussion of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and the law provide
for freedom of movement within the country, foreign travel, emigration,
and repatriation, and the Government generally respected these rights
in practice; however, it limited them in certain circumstances. The
Government cooperated with the Office of the UN High Commissioner for
Refugees and other humanitarian organizations in providing protection
and assistance to internally displaced persons, refugees, returning
refugees, asylum seekers, stateless persons, and other persons of
concern.
Citizens' choice of where to live sometimes was limited by the
Government's legal requirement for ethnic balance in publicly
subsidized housing, in which the majority of citizens lived. The
Government required all citizens and permanent residents over the age
of 15 to register and to carry identification cards. The Government may
refuse to issue a passport and did so in the case of former ISA
detainees. Under the ISA a person's movement may be restricted.
According to official press releases, at year's end there were 48
suspected terrorists subject to such restrictions.
The law prohibits forced exile, and the Government did not employ
it.
The right of voluntary repatriation was extended to holders of
national passports. The Government actively encouraged citizens living
overseas to return home or at least to maintain active ties with the
country. A provision of the law allows for the loss of citizenship by
citizens who reside outside the country for more than 10 consecutive
years, but it was not known to have been used.
Men are required to serve 24 months of uniformed national service
upon turning 18 years of age. They also are required to undergo reserve
training up to the age of 40 (for enlisted men) or 50 (for officers).
Male citizens and permanent residents with national service reserve
obligations are required to advise the Ministry of Defense if they plan
to travel abroad. Persons 13 years of age or older who have not
completed national service obligations are required to obtain exit
permits for international travel. To obtain the required permit, a
prospective traveler must in certain cases post a bond equal to
S$75,000 (approximately $57,350) or 50 percent of the combined gross
annual income of both parents for the preceding year, whichever is
greater. The bond requirement applies to travelers age 16 years and
above for travel exceeding three months, and to travelers age 13 to 16
for travel lasting two years or more.
In exchange for allowing former members of the Communist Party of
Malaya (CPM) residing outside the country to return to Singapore, the
Government requires that they renounce communism, sever all links with
the CPM, and agree to be interviewed by the Internal Security
Department about their past activities. Some former CPM cadres accepted
these conditions and returned, but some observers estimated that
approximately 30 alleged CPM members have not.

Protection of Refugees.--The country is not a party to the 1951
Convention relating to the Status of Refugees or the 1967 Protocol
relating to the Status of Refugees. The country's laws do not provide
for the granting of asylum or refugee status, although the Government
has established a system for providing protection to refugees on a
case-by-case basis. In practice the Government provided protection
against expulsion or return of refugees to countries where their lives
or freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully. Opposition parties can contest elections, and
the voting and vote-counting systems are fair and free from tampering;
however, the PAP, which has held power continuously and overwhelmingly
for five decades, has used the Government's extensive powers to place
formidable obstacles in the path of political opponents.

Elections and Political Participation.--The general elections
operate under the first-past-the-post system. Following the 2006
elections, the PAP (having captured 66.6 percent of the vote) held 82
of 84 elected constituency seats in Parliament; the opposition
Singapore Democratic Alliance (13.1 percent) and the Workers' Party
(16.3 percent) each held one elected seat. Because three seats are
reserved by law for opposition parties, the Workers' Party obtained a
second, ``nonconstituency'' seat as the opposition party with the
highest vote total.
The opposition continued to criticize what it described as PAP
abuse of its incumbency advantages to handicap opposition parties. The
PAP maintained its political dominance in part by intimidating
organized political opposition and circumscribing political discourse
and action. The belief that the Government might directly or indirectly
harm the employment prospects of opposition supporters inhibited
opposition political activity; however, there were no confirmed cases
of such retaliation. As a result of these and other factors, opposition
parties were unable to challenge seriously the ruling party. The PAP
claimed that the lack of an effective opposition was due to
disorganization, weak leadership, and the absence of persuasive
alternative policies.
The PAP has an extensive grassroots system and a carefully
selected, highly disciplined membership. The establishment of
government-organized and predominantly publicly funded Community
Development Councils (CDCs) further strengthened the PAP's position.
The CDCs promoted community development and cohesion and provided
welfare and other assistance services. The PAP dominated the CDCs even
in opposition-held constituencies from which it threatened to withdraw
publicly funded benefits.
The PAP completely controlled key positions in and out of
government, influenced the press, pursued opposition political figures
in the courts, and otherwise limited opposition political activities.
Often the means were fully consistent with the law and the normal
prerogatives of a parliamentary government, but the overall effect was
to disadvantage and weaken political opposition. Since 1988 the PAP
changed all but nine single-seat constituencies into group
representational constituencies (GRCs) of five to six parliamentary
seats, in which the party with a plurality wins all of the seats.
According to the constitution, such changes are permitted to ensure
ethnic minority representation in Parliament; each GRC candidate list
must contain at least one ethnic minority candidate. These changes made
it more difficult for opposition parties, all of which had very limited
memberships, to fill multimember candidate lists. The constitutional
requirement that members of Parliament resign if expelled from their
party helped ensure backbencher discipline.
Although political parties legally were free to organize, they
operated under the same limitations that applied to all organizations,
and the authorities imposed strict regulations on their constitutions,
fundraising, and accountability. There were 28 registered political
parties in the country; however, only seven of these were active.
Political parties and organizations were subject to strict financial
regulations, including a ban on receiving foreign donations. Government
regulations hindered attempts by opposition parties to rent office
space in government housing blocks or to establish community
foundations. In addition government influence extended in varying
degrees to academic, community service, and other NGOs.
The law provides for a president to be popularly elected for a six-
year term from among candidates who are approved by a constitutionally
prescribed committee selected by the Government. In 2005 the committee
decided that the PAP-endorsed incumbent, President S.R. Nathan, was the
only qualified candidate out of four applicants. The election was
cancelled, and Nathan was inaugurated for a second term. The Government
placed significant obstacles in the way of opposition political
figures' presidential candidacies. For example, opposition members were
much less likely to satisfy the requirement that candidates have
experience in managing the financial affairs of a large institution,
since many of the country's large institutions were run by or linked to
the Government.
Voting is compulsory, and 95 percent of eligible voters voted in
the most recent general election. However, more than 43 percent of
those eligible voters lived in GRCs where the opposition was unable to
field candidates and the PAP candidates were automatically elected.
There is no legal bar to the participation of women in political life;
women held 17 of the 84 elected parliamentary seats. There were four
female ministers of state, including one of cabinet rank. Three of the
15 Supreme Court justices were women. The solicitor general was a
woman.
There are no restrictions in law or practice against minorities
voting or participating in politics; they actively participated in the
political process and were well represented throughout the Government,
except in some sensitive military positions. Malays made up
approximately 13 percent of the general population and held
approximately 15 percent of elected seats in Parliament. Indians made
up approximately 9 percent of the general population and held
approximately 11 percent of the elected seats in Parliament. There were
four ethnic Indian ministers and one ethnic Malay minister. Two of the
15 members of the Supreme Court were ethnic Indian; there were no
Malays on the court.
Section 4. Official Corruption and Government Transparency
The Government actively prosecuted officials involved in
corruption. The Government-linked media increased its coverage of
government employees arrested for corruption. During the year details
of a fraud in which officials of the Singapore Land Authority (SLA)
embezzled millions of dollars over a number of years emerged. In
December Ho Yen Teck, a SLA contractor, pleaded guilty to 21 counts of
conspiracy to cheat the Government. Eight other persons were accused of
cheating the public sector department out of S$12.2 million ($9.3)
million.
In December one of the nine persons accused in the SLA fraud case,
Koh Seah Wee, a former senior government executive, was also charged
with defrauding the Supreme Court and the Intellectual Property Office.
He was remanded to custody to await trial.
The salaries of senior officials are public information, and
political parties must report donations; however, there is no financial
disclosure law. The Corrupt Practices Investigation Board, which
answers directly to the prime minister, is responsible for
investigating and prosecuting corruption by government officials.
There are no laws that specifically provide for public access to
government information.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Efforts by independent organizations to investigate and evaluate
government human rights policies faced the same obstacles as those
faced by opposition political parties. NGOs were subject to
registration under the Societies Act. Some domestic NGOs criticized
restrictions on human rights or suggested changes that would relax or
remove restrictions.
The Government did not obstruct international human rights
organizations from observing human rights-related court cases.
The UN special rapporteur on racism visited the country from April
21 through April 28.
Some international human rights NGOs criticized the Government's
policies in areas such as capital punishment and freedom of expression.
The Government generally ignored such criticisms or published
rebuttals.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution states that all persons are equal before the law
and entitled to the equal protection of the law, and the Government
generally respected these provisions in practice; there is no explicit
provision granting equal rights to women and minorities. Mindful of the
country's history of intercommunal tension, the Government took
measures to ensure racial, ethnic, religious, and cultural
nondiscrimination. Social, economic, and cultural benefits and
facilities were available to all citizens regardless of race, religion,
or gender.

Women.--The Government enforced the law against rape, which
provides for imprisonment of up to 20 years and caning for offenders.
Under the law rape can be committed only by a man, and spousal rape is
generally not a crime. However, husbands who force their wives to have
intercourse can be prosecuted for other offenses, such as assault, and
spousal rape is a criminal offense when the couple is separated,
subject to an interim divorce order that has not become final, or
subject to a written separation agreement, as well as when a court has
issued a protection order against the husband. During the year 21
persons were prosecuted for rape; there were 15 convictions, and six
persons were awaiting trial. The Ministry of Education and the police
carried out programs aimed at preventing rape.
The law criminalizes domestic violence and intentional harassment.
A victim of domestic violence can obtain court orders barring the
spouse from the home until the court is satisfied that the spouse has
ceased aggressive behavior. The law prescribes mandatory caning and a
minimum imprisonment of two years for conviction on any charge of
``outraging modesty'' that caused the victim fear of death or injury.
The press gave prominent coverage to instances of abuse or violence
against women. A 2009 survey by a local NGO found that 9 percent of
respondents reported having experienced some form of sexual or physical
violence in their lifetime. Several voluntary welfare organizations
provided assistance to abused women. During the year there were 3,058
applications for personal protection orders, 15 percent of which were
filed by wives for protection against their husbands.
There are no specific laws prohibiting stalking or sexual
harassment; however, the Miscellaneous Offenses Act (MOA) and laws
prohibiting insults to modesty were used successfully to prosecute
these offenses. Under the MOA a person who uses threatening, abusive,
or insulting words or behavior can incur a fine of up to S$5,000
($3,800). A 2008 survey by a local NGO found that 54 percent of
respondents (58 percent of females and 42 percent of males) reported
having experienced some form of sexual harassment at work. The Ministry
of Manpower, the National Trades Union Council, and the Singapore
Employers Federation jointly operated a venue for public feedback and
advice on fair employment practices.
Couples and individuals have the right to decide freely and
responsibly the number, spacing, and timing of their children.
Contraceptive supplies and information, provided by the Ministry of
Health, as well as public and private doctors, were readily available.
Medical services were available, including for sexually transmitted
diseases, and were provided without discrimination. According to UN
statistics, the maternal mortality ratio was nine deaths per 100,000
live births in 2008. The national birthrate was well below replacement
levels and since the mid-1980s the Government has pursued pronatalist
policies, which provide comprehensive clinical services and a wide
range of social and fiscal incentives.
Women accounted for 56.4 percent of civil service employees. They
enjoyed the same legal rights as men, including civil liberties,
employment, commercial activity, and education. The Women's Charter
gives women, among other rights, the rights to own property, conduct
trade, and receive divorce settlements. Muslim women enjoyed most of
the rights and protections of the Women's Charter. For the most part,
Muslim marriage falls under the administration of the Muslim Law Act,
which empowers the Sharia (Islamic law) court to oversee such matters.
The law allows Muslim men to practice polygymy, although requests to
take additional spouses may be refused by the Registry of Muslim
Marriages, which solicits the views of an existing wife or wives and
reviews the financial capability of the husband. During the year there
were 40 applications for polygynous marriage of which eight were
approved. The rest were rejected, withdrawn, or remained pending at the
end of the reporting period. Polygynous marriages constituted 0.3
percent of Muslim marriages.
Both men and women have the right to initiate divorce proceedings;
however, in practice some women faced significant difficulties that
prevented them from pursuing such proceedings. This included the lack
of financial resources to obtain legal counsel. Men do not have the
right to seek alimony from their wives in cases of divorce or
separation.
In recent years women constituted approximately 55 percent of the
labor force and were well represented in many professions. However,
women held few leadership positions in the private sector and only one
cabinet-level position in the Government. Women were overrepresented in
low-wage jobs such as clerks and secretaries. In 2008 salaries for
women ranged upwards from 66 percent of men's salaries depending on the
occupational grouping.

Children.--Citizenship is derived from one's parents, and birth
registration is essentially universal.
In May a government press release stated that the law distinguishes
between minors and children. Minors are defined as under 18 years of
age, and children are defined as those below 14 years old.
The Children and Young Persons Act created a juvenile court system
and established protective services for children orphaned, abused,
``troubled,'' or with disabilities. The Ministry of Community
Development, Youth, and Sports (MCYS) worked closely with the National
Council for Social Services to oversee children's welfare cases.
Voluntary organizations operated most of the homes for children, while
the Government funded a substantial portion of living expenses and
overhead, as well as expenses for special schooling, health care, and
supervisory needs.
Female circumcision is prevalent among the Muslim population. The
procedure is performed by female doctors at Muslim clinics, usually on
female infants or prepubescent girls. It normally involves nicking the
prepuce. It is markedly different from the more severe forms of genital
mutilation.
Some child prostitution occurred. During the year authorities
arrested 28 girls under the age of 18 for prostitution-related
activities. Two persons were convicted of crimes relating to commercial
sexual exploitation of persons under 18; a third case remained under
investigation.
The age of consent to noncommercial sex is 16 years. In 2009 there
was a 36 percent increase in reported statutory rape cases involving
girls less than 14 years of age--83 cases, up from 61 cases in 2008.
Sexual intercourse with anyone under 16 is punishable by up to five
years in prison and a maximum fine of S$10,000 (approximately $7,600).
The authorities may detain persons under 18 who are believed to be
engaged in prostitution, as well as to prosecute those who organize or
profit from prostitution, who bring women or girls to the country for
prostitution, or who coerce or deceive women or girls into
prostitution.
The MCYS sponsored activities promoting children's causes,
including family stability.
Singapore acceded to the 1980 Hague Convention on the Civil Aspects
of International Child Abduction in December; the convention is
scheduled to come into force on March 1, 2011. For information on
international parental child abduction, please see the Department of
State's annual report at http://travel.state.gov/abduction/country/
country--3781.html.

Anti-Semitism.--The size of the Jewish community was approximately
800 to 1,000. There were no reports of anti-Semitic acts, and
synagogues held regular Sabbath services.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The MCYS is responsible for protecting
the rights of persons with disabilities. MCYS' Enabling Masterplan
2007-11 outlined a five-year policy roadmap for the programs and
services in the disability sector.
Electoral law allows those voters who, incapacitated by blindness
or other physical cause, are unable to vote in the manner described by
law to receive voter assistance by other authorized citizens to mark
and cast their ballots.
The Government maintained a comprehensive code on barrier-free
accessibility; it established standards for facilities for persons with
physical disabilities in all new buildings and mandated the progressive
upgrading of older structures. There was no comprehensive legislation
addressing equal opportunities for persons with disabilities in
education or employment; however, the National Council of Social
Services, in conjunction with various voluntary associations, provided
an extensive job training and placement program for persons with
disabilities. A tax deduction of up to S$100,000 (approximately
$76,500) was available to employers to defray the expense of building
modifications to benefit employees with disabilities. The country
allows guide dogs for the blind into public places and on trains, but
the laws do not cover buses and taxis. During the year 100 percent of
public trains and 37 percent of buses were wheelchair accessible. All
major pedestrian thoroughfares have curb cuts.
Informal provisions in education permit university matriculation
for the visually impaired, those hard of hearing, and students with
other physical disabilities. Approximately 8,200 children with
intellectual disabilities attended mainstream schools during the year.
There were 20 special education schools that enrolled approximately
4,900 students. All primary and secondary schools were equipped with
basic handicap facilities such as handicap toilets and first-level
wheelchair ramps. Approximately 20 percent of all primary and secondary
schools (68 schools) were equipped with full-handicap facilities.
The Government provided funds for two distinct types of early
education programs for children with special needs. The Early
Intervention Program for Infants and Children (EIPIC) provides
educational and therapy services for children up to six years of age
who have handicaps or special needs. During the year there were 1,225
children enrolled in the 12 EIPIC programs. At the 18 Integrated Child
Care Centers (ICCP), special needs children engage in the same group
activities as the other children while also receiving enhancements of
the normal childcare curriculum. During the year 97 special needs
children were enrolled in the ICCPs.
The Government allows a tax deduction of up to S$3,500
(approximately $2,700) per individual for families caring for a sibling
or spouse with a disability. For families caring for a child who is
disabled, they received a tax deduction of up to S$5,500 (approximately
$4,200) per child. Mental and physical disabilities are treated in the
same way. Every child under EIPIC received a S$300 (approximately $234)
monthly subsidy. The state-mandated health insurance program
specifically excludes coverage for mental illnesses and personality
disorders.
Press coverage of the activities and achievements of persons with
disabilities was extensive, and discrimination or abuse of persons with
disabilities did not appear to be a problem.

National/Racial/Ethnic Minorities.--Ethnic Malays constituted
approximately 13 percent of the population. The constitution
acknowledges them as the indigenous people of the country and charges
the Government to support and promote their political, educational,
religious, economic, social, cultural, and language interests. The
Government took steps to encourage greater educational achievement
among Malay students. However, ethnic Malays have not reached the
educational or socioeconomic levels achieved by the ethnic Chinese
majority, the ethnic Indian minority, or the Eurasian community. Malays
remained underrepresented at senior corporate levels and, some
asserted, in certain sectors of the Government and the military. This
reflected their historically lower educational and economic levels, but
some argued that it also was a result of employment discrimination.
Some ethnic Indians also reported that discrimination limited their
employment and promotion opportunities. Government guidelines called
for eliminating language referring to age, gender, or ethnicity in
employment advertisements; restrictive language pertinent to job
requirements, such as ``Chinese speaker'' remained acceptable. These
guidelines were generally followed.
The Presidential Council on Minority Rights examined all pending
bills to ensure that they were not disadvantageous to a particular
group. It also reported to the Government on matters that affected any
racial or religious community.
Government policy enforced ethnic ratios for publicly subsidized
housing.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--After failure of a 2007
attempt to repeal the section of the penal code criminalizing sex
between men, Prime Minister Lee stated that the authorities would not
actively enforce the statute, leaving gay men free to live their
private lives in peace as long as they did not actively promote their
sexual orientation.
During the year two men were arrested for a homosexual act in a
public toilet and charged under laws that provide for a jail term of up
to three months, or fine, or both. One of the men was convicted and
fined S$3,000 ($2,300). At year's end the other man remained out on
bail awaiting trial.

Other Societal Violence or Discrimination.--Some individuals with
HIV/AIDS claimed that they were socially marginalized and faced
employment discrimination if they revealed they were suffering from the
disease. The Government discouraged discrimination, supported
initiatives that countered misperceptions about HIV/AIDS, and publicly
praised employers that welcomed workers with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The constitution provides all
citizens the right to form associations, including trade unions;
however, Parliament may impose restrictions based on security, public
order, or morality grounds. The right of association was restricted by
the Societies Act and by labor and education laws and regulations.
Under these laws any group of 10 or more persons is required to
register with the Government. The Trade Unions Act authorizes the
formation of unions with broad rights, albeit with some narrow
restrictions such as prohibitions on the unionization of uniformed
personnel or government employees. The registrar, however, has broad
powers to refuse to register a union or to cancel registration, and to
approve a new union's rules or changes to an existing union's rules.
The Amalgamated Union of Public Employees was declared exempt from
these provisions, and its scope of representation expanded to cover all
public sector employees except the most senior civil servants.
The Trade Unions Act restricts the right of trade unions to elect
their officers and to choose whom they may employ. Foreigners and those
with criminal convictions may not hold union office or become employees
of unions. However, the minister of manpower may grant exemptions. The
Trade Unions Act limits the objectives for which unions can spend their
funds and prohibits payments to political parties or the use of funds
for political purposes.
The national labor force consisted of slightly more than three
million workers, 540,000 of whom were represented by 60 unions and one
association. Approximately 18 percent of the workforce is unionized.
There is no agricultural sector in Singapore.
Almost all of the unions were affiliated with the National Trade
Union Congress (NTUC), an umbrella organization with a close
relationship with the Government. Formed in 1961 from the amalgamation
of trade unions affiliated to the ruling PAP, NTUC expanded over the
years to control other smaller unions. The NTUC acknowledged that its
interests were linked closely with those of the ruling PAP, a
relationship often described by both as symbiotic. The NTUC's secretary
general, Lim Swee Say, a PAP member of parliament (MP), was a member of
the cabinet as minister in the Prime Minister's Office. Young PAP MPs
with no union experience were elected to leadership positions in the
NTUC or member unions. NTUC policy prohibited union members who
supported opposition parties from holding office in affiliated unions.
While the NTUC was financially independent of the PAP, the two shared a
common ideology and worked closely with management in support of
nonconfrontational labor relations. Labor groups expressed concerns
that while the arrangement has created a conducive environment for
multinational corporations to invest, it effectively restricted the
rights of workers to associate freely and bargain collectively with
employers.
The NTUC was free to associate regionally and internationally.
Workers in ``essential services'' are required to give 14 days'
notice to an employer before striking, and there is a prohibition on
strikes by workers in three sectors: water, gas, and electricity. Other
workers have the legal right to strike but rarely did so. No specific
laws prohibit retaliation against strikers. The law provides that
before striking, 51 percent of unionized workers must vote in favor of
the strike by secret ballot, as opposed to the more common practice of
51 percent of those participating in the vote. There were no strikes
during the year.
Most disagreements were resolved through informal consultations
with the Ministry of Manpower. If conciliation failed, the disputing
parties usually submitted their case to the tripartite Industrial
Arbitration Court (IAC), which was composed of representatives from
labor and management and chaired by a judge. In limited situations the
law provides for compulsory arbitration, which has not been used since
1980.

b. The Right to Organize and Bargain Collectively.--Collective
bargaining was a normal part of labor-management relations in the
industrial sector. Because almost all unions were affiliated with the
NTUC, it almost has an exclusive authority to exercise collective
bargaining power. The IAC must certify collective agreements before
they go into effect. The IAC may refuse certification at its discretion
on the ground of public interest. In 2009, a total of 384 collective
agreements were filed with the IAC. Union members may not reject
collective agreements negotiated between their union representatives
and the employer. Transfers and layoffs are excluded from the scope of
collective bargaining. However, in practice employers consulted with
unions on both issues and the Tripartite Panel on Retrenched Workers
issued guidelines calling for early notification to unions of layoffs.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children. There were reports
of practices indicative of forced labor.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
Government enforced the Employment Act, which prohibits employment of
children under the age of 13. Restrictions on the employment of
children between the ages of 13 and 16 are rigorous and were fully
enforced. Children under the age of 15 generally are prohibited from
employment in the industrial sector. Exceptions include family
enterprises; children may work in a business in which only members of
the same family are employed. A child age 13 or older may be employed
in light work, subject to medical clearance. Employers must notify the
commissioner of labor within 30 days of hiring a child between the ages
of 15 and 16 and attach a medical certification of the child's fitness
for employment. The incidence of children in permanent employment was
low, and abuses were almost nonexistent.
Ministry of Manpower regulations prohibit night employment of
children and restrict industrial work for children between the ages of
15 and 16 to no more than seven hours a day, including the hours spent
in school. Children may not work on commercial vessels, with moving
machinery, on live electrical apparatus lacking effective insulation,
or in any underground job. The minister of manpower effectively
enforced these laws and regulations.

e. Acceptable Conditions of Work.--There are no laws or regulations
on minimum wages or unemployment compensation. Agreements between
management and labor were renewed every two to three years, although
wage increases were negotiated annually. The National Wages Council, a
group composed of labor, management, and government representatives,
issued yearly guidelines on raises and bonus pay that served as the
starting point for bargaining agreements. Subject to negotiation in
each enterprise, up to 10 percent of salaries was considered
``variable'' each month, allowing companies to eliminate that portion
of pay if there were financial problems. The labor market generally
offered citizens and permanent residents good working conditions and
relatively high wages that provided a decent standard of living for a
worker and family. In 2009 the median income among all households
headed by a citizen or permanent resident was S$58,200 ($44,530); among
employed households headed by a citizen or permanent resident, the
median income was S$64,776 ($49,560).
The Employment Act sets the standard legal workweek at 44 hours and
provides for one rest day each week.
The Ministry of Manpower effectively enforced laws and regulations
establishing working conditions and comprehensive occupational safety
and health laws. Enforcement procedures, coupled with the promotion of
educational and training programs, were implemented to reduce the
frequency of job-related accidents. Effective March 2009, the ministry
tightened the factory registration scheme for some 8,000 higher-risk
factories. The new scheme strengthens the requirements for
implementation of risk management and safety and health management
system in these higher-risk factories, including construction
worksites, shipyards, metal working factories, and petrochemical
plants. While workers have the right under the Employment Act to remove
themselves from a dangerous work situation, their right to continued
employment depended upon an investigation by the ministry.
Because of a domestic labor shortage, in 2009 approximately 700,000
foreign workers were employed legally. There were no reliable estimates
of the number of foreigners working illegally. Most foreign workers
were unskilled laborers and household servants from other Asian
countries. Although substantial numbers of foreign workers held white-
collar jobs, foreign workers were generally concentrated in low-wage,
low-skill jobs and were often required to work long hours. Employers
are required by law to provide their workers with a minimum standard of
housing. In 2009 the Ministry of Manpower removed 21,000 foreign
workers from unacceptable housing. Although the great majority of the
approximately 196,000 foreign domestic workers (mainly from the
Philippines, Indonesia, and Bangladesh) worked under clearly outlined
contracts and reported no complaints against their employers or
employment agencies, there are regular reports of employers arrested
for abuse or mistreatment of their domestic workers. The authorities
fined or imprisoned employers who abused maids. In 2009 the Ministry of
Manpower collected unpaid wages on behalf of maids in 219 cases.
Pregnancy is a breach of the standard work permit conditions for
foreign domestic workers, and the Government may cancel work permits
and require repatriation of foreign domestic workers who become
pregnant.
The Employment Act protects foreign workers such as the many
employed in the construction industry; however, domestic servants are
not covered by the act and are not eligible for limited free legal
assistance from the Government. The NTUC reported that it advocated for
the rights of all migrant work-permit holders through its Migrant
Workers' Forum. In addition the Ministry of Manpower offered
conciliation services for all employees, foreign or local. The Foreign
Workers Unit of the ministry provided free advisory and mediation
services to foreign workers experiencing problems with employers. The
Government allowed complainants to seek legal redress and operated a
hotline for maids. In 2009 the hotline received approximately 2,193
calls, 95 percent of which were general inquiries.

__________

SOLOMON ISLANDS

The Solomon Islands is a constitutional multiparty parliamentary
democracy with a population of approximately 537,000. Parliamentary
elections held on August 4 were considered generally free and fair,
although there were incidents of vote buying. On August 24, Parliament
elected Danny Philip as prime minister. The Regional Assistance Mission
to the Solomon Islands (RAMSI), a multinational police-centered force
organized by Australia, arrived in the country in 2003 at the
Government's invitation to assist in restoring law and order and
rebuilding the country's institutions following the 1998-2003 violent
conflict between the Malaitan and Guadalcanalese ethnic groups. RAMSI
continued its assistance during the year, and relations between RAMSI
and the Government remained stable. Security forces reported to
civilian authorities.
Human rights problems during the year included lengthy pretrial
detention, government corruption, and violence and discrimination
against women.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and there were no
confirmed reports of such practices during the year. There were a few
allegations by detainees that they were mistreated by police during
questioning, but they often lacked substantiating evidence.
In November the High Court convicted Member of Parliament (MP) and
Fisheries Minister Jimmy Lusibaea of unlawful wounding for shooting an
unconscious man in the knees and of assault on a police officer with a
pistol butt; the assaults occurred in 2000 following a shootout at a
nightclub. Lusibaea was the leader of the militant group Malaita Eagle
Force during the country's 1998-2003 ethnic conflict. The court
sentenced him to two years and nine months' imprisonment. His appeal of
the conviction was pending at year's end; the High Court rejected his
application for release on bail pending the court's consideration of
the appeal.

Prison and Detention Center Conditions.--Prison conditions
generally met international standards.
At year's end there were 163 convicted prisoners and 102 pretrial
detainees in the country. Of these, one was female and 12 were
juveniles.
Prisoners had reasonable access to visitors and were permitted
religious observance. Authorities permitted prisoners and detainees to
submit complaints and request investigation of credible allegations of
inhumane conditions. Complaints and requests were screened by the
respective prison commanders. The Professional Standards Unit of the
Correctional Service and the Office of the Ombudsman investigated
credible allegations of inhumane conditions and documented the results
in a publicly accessible manner. The Government, through the judiciary
and Office of the Ombudsman, investigated and monitored prison
conditions.
The Government permitted monitoring visits by independent human
rights observers, and such visits occurred during the year.
Although the Office of the Ombudsman has authority to investigate
complaints of inhumane prison conditions, it does not have specific
legal authority to consider on its own initiative such matters as
alternatives to incarceration for nonviolent offenses or improving
pretrial detention, bail, and recordkeeping procedures.
The International Committee of the Red Cross (ICRC) had a program
in place to cover costs for family visits to long-term prisoners from
other provinces held in Honiara.

d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions.

Role of the Police and Security Apparatus.--A commissioner, who
reports to the minister of police, heads the Royal Solomon Islands
Police (RSIP) force of 1,134 members, including 159 women. This force
was supported by 310 RAMSI Participating Police Force officers, who
served in line positions and in logistical and financial support. Peter
Marshall, a New Zealander, was appointed police commissioner in 2008.
While the police were more effective under RAMSI, the RSIP
continued to be weak in investigation and reporting. Police impunity
was not a serious problem during the year. The police service has an
inspection unit to monitor police discipline and performance.
In December 2009 a Honiara probationary police officer, who was
charged with indecent assault and attempted rape in November 2008, was
convicted and sentenced to two years' imprisonment. He was discharged
from the police in 2009.

Arrest Procedures and Treatment While in Detention.--The law
provides for a judicial determination of the legality of arrests.
Detainees generally were informed promptly of the charges against them
and have the right to counsel. The Public Solicitor's Office provided
legal assistance to indigent defendants, and detainees had prompt
access to family members and to counsel. Officials found to have
violated civil liberties were subject to fines and jail sentences.
There was a functioning system of bail. However, delays in adjudication
of the large number of cases before the courts resulted in lengthy
pretrial detention for some detainees. During the year RAMSI had 10
legal advisors brought in from Australia, New Zealand, and the Pacific
islands: four worked with the Office of the Director of Public
Prosecutions and six worked with the Public Solicitor's Office. The
advisors helped to build the expertise of the Government's lawyers and
also contributed to reducing the backlog of cases.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.

Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right.
Trial procedures normally operated in accordance with British
common law, with a presumption of innocence, access to attorneys, and
the rights to access government-held evidence, confront witnesses, and
appeal convictions. The law extends these rights to all citizens.
Judges conduct trials and render verdicts; there are no juries. Accused
persons are entitled to counsel, and an attorney was provided at public
expense for indigent defendants facing serious criminal charges.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters; local courts and magistrates'
courts have civil jurisdiction. In addition, the constitution provides
that any person whose rights or freedoms have been contravened may
apply directly to the High Court for redress.

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice.
In 2008 RAMSI initiated the Solomon Islands Media Strengthening
Scheme (SOLMAS), which continued during the year. SOLMAS worked with
the Media Association of Solomon Islands, the Solomon Islands
Broadcasting Corporation, and the Department of Communications to
provide training and technical support to local journalists.

Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail. In practice
cost factors and lack of infrastructure limited public access to the
Internet. The International Telecommunication Union reported that
approximately 2 percent of the country's inhabitants used the Internet
in 2009.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

Freedom of Association.--The constitution provides for freedom of
association, and the Government generally respected this right in
practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the Government did not use it.
Native-born citizens may not be deprived of citizenship on any grounds.

Elections and Political Participation.--The August 4 national
parliamentary elections were regarded as generally free and fair,
although there was evidence of vote buying. On August 24, Parliament
elected Danny Philip as prime minister.
Political parties could operate without restriction, but they were
institutionally weak, with frequent shifts in political coalitions and
unstable parliamentary majorities.
Male dominance in government limited the role of women. There were
no women in the 50-member Parliament. The five women who served as
permanent secretaries in the previous Sikua government continued in
their roles with the new Philip government. Unlike in 2009, there were
no female judges on the High Court.
There was one minority (non-Melanesian) MP.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
officials often engaged in corrupt practices with impunity. Government
corruption and impunity in both the executive and legislative branches
continued to be serious problems.
Police corruption was not a serious problem during the year.
However, some observers criticized the police as more loyal to their
respective ethnic group, or wantok (extended family), than to the
country as a whole.
Public officials were subject to financial disclosure laws under
the leadership code of conduct. The Office of the Leadership Code
Commission (LCC) investigates matters of misconduct involving MPs or
senior civil servants. If the LCC finds that there is conclusive
evidence of misconduct, it sends the matter to the Department of Public
Prosecution, which may then proceed with legal charges. The LCC
chairman and two part-time commissioners make up a tribunal that has
the power to screen certain cases of misconduct and apply fines of up
to SI$5,000 (approximately $665) on MPs or senior civil servants. The
Office of the Ombudsman is responsible for investigating public
complaints of government maladministration.
In March the auditor general ordered the Agricultural and Livestock
Department to account for its management of a 2007 SI$10 million
(approximately $1.3 million) cattle-funding project, calling the
department's management records ``abysmal'' and citing a number of
omissions and irregularities in the department's records. The auditor
general also stated that an MP pressured department staff to allocate
and pay funds to cattle farmers in his particular constituency.
MP Peter Shanel, who served a nine-month jail sentence following
his 2008 conviction for unlawful wounding and possession of an unlawful
weapon in a restricted area, was reelected to Parliament in the August
elections and was appointed minister for foreign affairs and external
trade.
At year's end no further information was available on the status of
the LCC investigation begun in 2008 into 16 MPs from the National
Alliance Party of Solomon Islands (NAPSI) for accepting SI$50,000
(approximately $6,655) in loans from Bobo Dettke, a prominent Honiara
businessman and founder of NAPSI.
Former prime minister and former MP Sir Allan Kemakeza's appeal of
his 2007 conviction for intimidation, larceny, and demanding money with
menace was discontinued in 2009; he was not reelected to Parliament in
the August election.
On June 6, a former East Honiara MP and a former cabinet minister
were convicted after a High Court retrial on charges lodged in 2004 and
2005, respectively, of official corruption involving the granting of
certificates of naturalization to Chinese nationals. They appealed, and
on October 8, the Court of Appeals overturned the convictions.
No law provides for public access to government information. In
practice the Government generally was responsive to inquiries from the
media during the year.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were somewhat cooperative and responsive to their views.
The Guadalcanal Peace Building and Reconciliation Committee (GPRC)
was formed in 2007 to plan the reconciliation and peace process on
Guadalcanal. The GPRC has 15 members appointed by the Ministry for
National Unity, Reconciliation, and Peace (MNURP). Together with the
Malaita Peace and Reconciliation Committee, the GPRC planned and
coordinated peace and reconciliation activities in consultation with
the MNURP. Since the establishment of the two committees, work plans
were produced and some key activities were implemented, including
provincial and community consultations and dialogue forums, and the
establishment of task forces on Marau and Guadalcanal Province
reconciliation, RSIP and Guadalcanal Provincial Government (GPG)
reconciliation, and national government and GPG reconciliation. In 2009
the MNURP also recruited a number of peace mediators from local
communities on short-term contracts as part of the ministry's
continuing work in strengthening the peace-building capacity of
existing structures.
The Government cooperated with international governmental
organizations and permitted visits by UN representatives and other
organizations. There were a number of visits from UN representatives
during the year; however, no public reports were released.
The constitution provides for an ombudsman, with the power to
subpoena and to investigate complaints of official abuse, mistreatment,
or unfair treatment. While the ombudsman's office has potentially far-
ranging powers and operated without governmental or political party
interference during the year, it was limited by a shortage of
resources.
In 2009 the Guadalcanal Truth and Reconciliation Commission (TRC)
was launched by South African Nobel Peace Prize winner Bishop Desmond
Tutu. The commission is an independent body comprising three national
and two international commissioners. It was established to hear
accounts of violence and abuse experienced by thousands of citizens
during the 1998-2003 period of ethnic violence between Malaitans and
Guadalcanalese and provide a forum for victims and perpetrators to
speak about the causes and impact of that violence. During the year
stakeholder workshops were held in Malaita, Guadalcanal, and Gizo; a
national public hearing was held in March in Honiara; and five regional
public hearings were held in other provinces. Closed hearings were held
for cases of particular sensitivity, including those involving the RSIP
Voluntary Early Retirement Scheme for officers who had participated in
the ethnic conflict. In December the Government granted a one-year
extension to the TRC to enable it to fulfill its mandate. At year's end
the Government had not provided to the TRC SI$5 million (approximately
$665,500) in development funds that was promised and committed in 2009;
however, the Government continued to provide other regular funding for
staffing and leasing of premises. At year's end the TRC continued
negotiating with the MINURP to provide the development funds.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides that no person--regardless of race, place
of origin, color, or disability--shall be treated in a discriminatory
manner with respect to access to public places. The constitution
further prohibits any laws that would have discriminatory effects and
provides that no person should be treated in a discriminatory manner by
anyone acting in an official capacity. Despite constitutional and legal
protections, women remained the victims of discrimination in the male-
dominated society. Unemployment remained high, and there were limited
job opportunities for persons with disabilities.

Women.--Violence against women, including rape and domestic abuse,
remained a serious problem. Among the reasons cited for the failure to
report many incidents of abuse were pressure from male relatives, fear
of reprisals, feelings of shame, and cultural taboos on discussion of
such matters.
The maximum penalty for rape is life imprisonment. Spousal rape is
not a crime. As part of the police curriculum, officers received
specialized training on how to work with rape victims. The police have
a Sexual Assault Unit, staffed mostly by female officers, to combat the
problem.
The law does not specifically address domestic violence; however,
there are provisions against common assault. Although statistics were
unavailable, incidents of domestic violence appeared to be common. The
police commissioner confirmed that, as in 2009, domestic violence
complaints were received almost every week. However, in the cases of
domestic abuse that were reported, victims often dropped charges before
the court appearance, or the case was settled out of court. According
to the police commissioner, in cases in which charges were filed, the
time lapse between the charging of an individual and the subsequent
court hearing may be as long as two years. The magistrates' courts
dealt with physical abuse of women as with any other assault, but
prosecutions were rare. Nongovernmental organizations (NGOs) conducted
awareness campaigns on family violence during the year. The Family
Support Center and a church-run facility for abused women provided
counseling and other support services for women. The Family Support
Center did not have an in-house lawyer and depended heavily on the
Public Solicitor's Office for legal assistance for its clients.
Sexual harassment is not illegal and was a widespread problem.
Couples and individuals have the right to decide freely and
responsibly the number, spacing, and timing of their children.
Contraception and adequate prenatal, obstetric, and postnatal care were
accessible at all government hospitals and rural health clinics, and
all nurses were trained to provide family planning services. According
to indicators published by the Population Reference Bureau, an
estimated 35 percent of married women ages 15-49 used some form of
contraception and an estimated 27 percent used modern contraceptive
methods. According a UN report entitled Trends in Maternal Mortality,
1990-2008, the country's estimated maternal mortality was 100 deaths
per 100,000 live births. An estimated 86 percent of births were
attended by skilled health personnel. Women and men had equal access to
diagnosis and treatment of sexually transmitted infections, including
HIV.
The law accords women equal legal rights, including the right to
own property. However, most women were limited to customary family
roles, and this situation prevented women from taking more active roles
in economic and political life. A shortage of jobs also inhibited the
entry of women into the work force. Women who were employed were
predominantly engaged in low-paying and low-skilled jobs.
The Solomon Islands National Council of Women and other NGOs
attempted to make women more aware of their legal rights, including
voting rights, through seminars, workshops, and other activities. The
Government's Women's Development Division within the Ministry of Women,
Youth, and Children's Affairs also addressed women's issues.

Children.--Citizenship is acquired through one's parents. The
country's laws do not allow dual citizenship for adults, and persons
who acquire dual citizenship at birth must decide by age 18 which
citizenship they wish to retain. Births frequently were not registered
immediately due to lack of infrastructure, but the delays did not
result in denial of public services to children.
During the year major foreign assistance continued to bolster the
educational system, but education was not compulsory, and the high cost
of school fees severely limited attendance at secondary and higher
institutions. In 2009 the Government implemented a new education policy
that abolished school fees up to the form three (high school) level. A
sample survey released by the Government in September 2009 found that
since implementation of the policy, primary school enrollment increased
6 percent, and secondary school enrollment increased 4.8 percent.
School attendance rates were lower for girls than for boys, and the
dropout rate was higher for girls.
The law grants children the same general rights and protections as
adults. There are laws designed to protect children from sexual abuse,
child labor, and neglect, but few resources were provided to enforce
the law. Child sexual and physical abuse remained significant problems,
according to the coordinator of the Family Support Center in Honiara.
However, children generally were respected and protected within the
traditional extended family system, in accordance with a family's
financial resources and access to services. Virtually no children were
homeless or abandoned.
Both boys and girls may legally marry at age 15, and the law
permits marriage at age 14 with parental and village consent, but
marriage at such young ages did not appear to be common.
There were some anecdotal reports of children involved in
prostitution.
The minimum age for consensual sex is 15. The maximum penalty for
sexual relations with a girl under age 13 is life imprisonment, and for
sexual relations with a girl above age 12 but under age 15, it is five
years' imprisonment. Consent is not a permissible defense under either
of these provisions; however, in the latter case, reasonable belief
that the victim was 15 or older is a permissible defense. Child
pornography is illegal, with a maximum penalty of 10 years'
imprisonment. However, there were reports of use of children in the
production of pornography.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--The Jewish community was very small, and there were
no reports of anti-Semitic acts.

Trafficking in Persons.--In 2009 there were no confirmed reports
that persons were trafficked to, from, or within the country.

Persons With Disabilities.--There is no law or national policy on
persons with physical, sensory, intellectual, or mental disabilities,
and no legislation mandates access to buildings for such individuals.
In practice very few buildings were accessible to persons with
disabilities. There were no special accommodations for persons with
disabilities to ensure access to information and communications. Their
protection and care were left to the extended family and NGOs. The
country had one educational facility for children with disabilities,
which was supported almost entirely by the ICRC. A disability center in
Honiara assisted persons with disabilities in finding employment;
however, with high unemployment countrywide and few jobs available in
the formal sector, most persons with disabilities, particularly those
in rural areas, did not find work outside of the family structure.
Persons with mental disabilities were cared for within the family
structure; there were very limited government facilities for such
persons. The Kilufi Hospital in Malaita operated a 10-bed ward for the
treatment of psychiatric patients. A psychiatrist resident in Honiara
ran a clinic at the National Referral Hospital.
The Ministry of Home Affairs is responsible for protecting the
rights of persons with disabilities.

National/Racial/Ethnic Minorities.--The country comprises more than
27 islands with approximately 70 language groups. Many islanders see
themselves first as members of a clan, next as inhabitants of their
natal island, and only third as citizens of their nation. Tensions and
resentment between the Guadalcanalese and the Malaitans on Guadalcanal
culminated in violence beginning in 1998. The presence of RAMSI greatly
reduced ethnic tension between the two groups, and the Peace and
Reconciliation Ministry organized reconciliation ceremonies. However,
underlying problems between the two groups remained, including issues
related to jobs and land rights.
On November 29, rioting broke out in Honiara following the
conviction and sentencing of Fisheries Minister and former militant
leader Jimmy Lusibaea on assault charges (see section 1.c.); gangs of
youths attempted to break into and loot Chinese businesses. Police
contained the violence and arrested 37 persons. Police attributed the
violence to opportunism rather than racial or political motives.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Sodomy is illegal, as are
``indecent practices between persons of the same sex.'' The maximum
penalty for the former is 14 years' imprisonment and for the latter
five years. However, there were no reports of prosecutions directed at
lesbian, gay, bisexual, or transgender persons under these provisions
during the year. There were no reports of violence or discrimination
against persons on the basis of sexual orientation or gender identity.

Other Societal Violence or Discrimination.--There was societal
stigma toward persons with HIV/AIDS, but there were no specific reports
of disownment by families as reported in the past and no reports of
violence targeting persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The constitution implicitly
recognizes the right of workers to form or join unions, to choose their
own representatives, to determine and pursue their own views and
policies, and to engage in political activities. The courts have
confirmed these rights, and workers exercised them in practice. Only an
estimated 10 percent of the population participated in the formal
sector of the economy. According to the president of the Council of
Trade Unions (CTU), approximately 35 percent of the total workforce was
employed in the public sector and 65 percent in the private sector, and
55 percent of employees in the public sector and 25 percent of those in
the private sector were organized.
The law protects workers against antiunion activity, and there were
no areas where union activity was officially discouraged.
The law permits strikes in both the public and private sectors.
Advance notice to the Government is required for strikes to be legal.
Private-sector disputes usually were referred quickly to the Trade
Disputes Panel (TDP) for arbitration, either before or during a strike.
In practice the small percentage of the work force in formal employment
meant that employers had ample replacement workers if disputes were not
resolved quickly. However, employees are protected from arbitrary
dismissal or lockout while the TDP is deliberating.
In January the Government paid the remaining seven percent of an
increase in the cost of living allowance for public employees that the
TDP had prescribed in 2009 following a strike by the Solomon Islands
Public Employees Union (SIPEU). The Government had made an initial
payment of 4.5 percent in 2009.
Also in 2009, following the SIPEU strike, the Government issued an
official notice prohibiting strikes by civil servants in essential
services. There were procedures in place designed to ensure these
workers due process and protect their rights.
In 2009 the Government appointed a commission of inquiry (COI) to
examine the longstanding standoff between the Solomon Islands National
Union of Workers and the Russell Islands Plantation Estate. In June,
however, the COI was discontinued due to lack of funds and inability of
the chairman, a retired Australian judge, to continue to serve. At
year's end no report was issued, and the Government was planning to
form a working group to negotiate with union members, villagers, and
company management to resolve the dispute.

b. The Right to Organize and Bargain Collectively.--The law
provides for the right to organize and bargain collectively, and unions
exercised these rights in practice. Wages and conditions of employment
were determined by collective bargaining, usually at the level of
individual firms. According to the president of the CTU, a number of
collective bargaining agreements were reached or renewed during the
year. The CTU president also reported that nearly all workers in the
public sector and approximately 80 percent of workers in the private
sector were covered by collective bargaining agreements.
Disputes between labor and management that cannot be settled
between the two sides are referred to the TDP for arbitration. The
three-member TDP, composed of a chairman appointed by the judiciary, a
labor representative, and a business representative, is independent and
neutral.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor, except as part of a court
sentence or order; however, the law contains no penalties for
violators. There were unconfirmed reports of forced domestic servitude
and persons forced to work in logging camps.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law forbids labor by children under age 12, except light agricultural
or domestic work performed in the company of parents or other labor
approved by the commissioner of labor. Children under age 15 are barred
from work in industry or on ships, except aboard training ships for
educational purposes; those under age 18 may not work underground in
mines, or at night in any industry. The commissioner of labor is
responsible for enforcing child labor laws, but few resources were
devoted to investigating child labor cases. Given low wages and high
unemployment, there was little incentive to employ child labor in the
formal wage economy; however, there were reports of children working as
cooks and performing other tasks in logging camps, where conditions
often were poor. There also were reports of children working in
subsistence agriculture and other family-run enterprises.

e. Acceptable Conditions of Work.--The minimum wage was SI$4.00
(approximately $0.53) per hour for all workers except those in the
fishing and agricultural sectors, who received SI$3.50 (approximately
$0.47). The legal minimum wage did not provide a decent standard of
living for an urban family living entirely on the cash economy.
However, most families were not dependent solely on wages for their
livelihoods.
The law regulates premium pay, sick leave, the right to paid
vacations, and other conditions of service. The standard workweek is 45
hours and is limited to six days per week. There are provisions for
maternity leave and for premium pay for overtime and holiday work.
Both an active labor movement and an independent judiciary provided
enforcement of labor laws in major state and private enterprises. The
commissioner of labor, the public prosecutor, and police are
responsible for enforcing labor laws; however, they usually reacted to
complaints rather than routinely monitoring adherence to the law. The
extent to which the law was enforced in smaller establishments and in
the subsistence sector was unclear.
Safety and health laws appeared to be adequate. The Safety at Work
Act requires employers to provide a safe working environment and
forbids retribution against an employee who seeks protection under
labor regulations or removes himself from a hazardous job site. Laws on
working conditions and safety standards apply equally to foreign
workers and citizens. However, according to the president of the CTU,
during the year there were numerous violations of the occupational
safety and health laws, and the authorities did not effectively enforce
safety and health law provisions.

__________

TAIWAN

Taiwan's population of 23 million is governed by a president and
parliament chosen in multiparty elections. International observers
considered the January 2008 legislative elections and the March 2008
presidential election, which Ma Ying-jeou of the Kuomintang Party (KMT)
won, free and fair. Security forces reported to civilian authorities.
Principal human rights problems reported were corruption, violence
and discrimination against women and children, trafficking in persons,
and abuses of foreign workers.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the authorities committed arbitrary or unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution stipulates that no violence, threat,
inducement, fraud, or other improper means should be used against
accused persons, and there were no reports that the authorities
employed them.

Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, and the
authorities permitted visits by independent human rights observers. As
of December there were 57,088 adults (52,367 men and 4,721 women) and
fewer than 1,000 juveniles imprisoned, and prisons operated at 119.6
percent of design capacity.
All prisoners and detainees have access to visitors. During the
active investigation phase of their cases, a small number of detainees,
on a court order, may be deprived of the right to have visitors. All
prisoners and detainees are permitted religious observance. Prisoners
are able to meet with religious leaders, who visit on a regular basis,
and may request additional meetings with religious leaders as well.
Authorities permit prisoners and detainees to submit complaints to
judicial authorities without censorship, although in practice all
correspondence is screened entering and leaving the facilities.
When a prisoner makes allegations of inhumane conditions, prison
authorities investigate the claims and release the results of their
investigation to the judicial authorities and occasionally to the
press. Authorities investigate and monitor prison and detention center
conditions.

d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the authorities generally observed
these prohibitions.

Role of the Police and Security Apparatus.--The National Police
Administration (NPA) of the Ministry of Interior (MOI) has
administrative jurisdiction over all police units, although city mayors
and county magistrates appoint city and county police commissioners.
Mayors and magistrates are responsible for maintaining order and
assessing the performance of police commissioners within their
jurisdictions.
Prosecutors and the Control Yuan are responsible for investigating
allegations of police malfeasance. The NPA also has an inspector
general and an internal affairs division that investigates allegations
of police misconduct. Police officers and senior officials suspected of
corruption and other misbehavior were prosecuted and punished upon
conviction.

Arrest Procedures and Treatment While in Detention.--A warrant or
summons is required by law, except when there is ample reason to
believe the suspect may flee, or in urgent circumstances. Indicted
persons may be released on bail at judicial discretion. By law
prosecutors must apply to the courts within 24 hours after arrest for
permission to continue detaining an arrestee. The authorities generally
observed these procedures, and trials usually took place within three
months of indictment. According to the Code of Criminal Procedure,
prosecutors may apply to a court for approval of a pretrial detention
of an unindicted suspect for a maximum of two months, with one possible
two-month extension. Judicial reform advocates have urged limiting
pretrial detention to better protect defendants' rights. Pretrial
detention may be requested in cases where the potential sentence is
five years or more and where there is a reasonable concern that the
suspect could flee, collude with other suspects or witnesses, or tamper
or destroy material evidence.
Human rights advocates complained that the law did not provide
adequate protection, since there is no requirement that suspects have
legal representation during questioning. The Judicial Yuan (JY) and the
NPA operated a program to provide legal counsel during initial police
questioning to qualifying indigent suspects who are mentally
handicapped or charged with a crime punishable by three or more years
in prison. Lawyers recruited by the Legal Aid Foundation staffed 21
branch offices that serviced 23 cities and counties around the island.
Fifty police subbureaus, one-third of the island's 158 subbureaus, were
implementing the program. Detained persons may request such assistance
in all of the island's subbureaus. Human rights lawyers contended that
while courts were required to appoint counsel after an indictment was
filed, the existing Criminal Procedure Code did not specify what
lawyers could do to protect the rights of indigent criminal suspects
during initial police questioning. The program has enjoyed some
success, but some groups argued that police need more on-the-job
training and police facilities should be improved to accommodate
lawyers in their initial questioning of suspects. More than half of the
island's 5,000 lawyers have participated in this program.
Beginning May 2009, authorities implemented the January 2009
Constitutional Court interpretation declaring that prison authorities
could no longer tape or monitor nor provide to prosecutors discussions
between defense counsel and their clients.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the authorities generally respected judicial
independence in practice. Although the authorities made efforts to
eliminate corruption and to diminish political influence in the
judiciary, some residual problems remained. During the year judicial
reform advocates pressed for greater public accountability, reforms of
the personnel system, and other procedural reforms. Some political
commentators and academics also publicly questioned the impartiality of
judges and prosecutors involved in high-profile and politically
sensitive cases.
Former president Chen Shui-bian and his wife, who were indicted in
2008 on corruption charges, were found guilty and sentenced to life in
prison in September 2009. Chen appealed the verdict and on June 10, the
Taiwan High Court reduced Chen's prison term to 20 years. The Chen
trial heightened scrutiny of issues such as pre-indictment and pretrial
detention, prosecutorial leaks, other possible prosecutorial
misconduct, and transparency in judicial procedures. In October 2009
the Constitutional Court upheld the constitutionality of judicial
procedures used by the Taipei District Court in the Chen case.

Trial Procedures.--The constitution establishes the right to a fair
trial, and an independent judiciary generally enforced this right.
Judges, rather than juries, decided cases; all judges were appointed by
and were responsible to the JY. A single judge, rather than a defense
attorney or prosecutor, typically interrogated parties and witnesses.
Trials are public, although court permission may be required to
attend trials involving juveniles or potentially sensitive issues that
might attract crowds. A defendant's access to evidence held by the
prosecution is determined by the presiding judge on a case-by-case
basis. All defendants are presumed innocent until proven guilty and
have the right to an attorney, and criminal procedure rights are
extended to all persons without limitation.
The law states that a suspect may not be compelled to testify and
that a confession shall not be the sole evidence used to find a
defendant guilty. All convicted persons have the right to appeal to the
next higher court level. Persons sentenced to terms of imprisonment of
three years or more may appeal beyond that level. The Supreme Court
automatically reviews life imprisonment and death sentences. It is
unconstitutional to allow the confessions of accomplices to be the only
evidence to convict a defendant.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary for civil matters. Administrative remedies are
available in addition to judicial remedies for alleged wrongs,
including human rights violations.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
authorities generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the authorities generally
respected these rights in practice.
There was a vigorous and active free press. Critics alleged that
the authorities increased their placement of advertisements packaged as
news reports and programs in local newspapers and television. They said
the placement deterred a few media outlets from criticizing the
authorities. The authorities denied using advertising revenue to
manipulate the media.
In September the Public Television Service (PTS) Foundation board
fired PTS President Sylvia Feng. She then alleged the Taiwan
authorities were interfering in the operations of PTS. PTS is a part of
the Taiwan Broadcasting System (TBS), which is funded principally by
the authorities. In January 2009, 3,000 persons gathered outside the
Legislative Yuan (LY) to protest the legislature's freeze on TBS's
budget and alleged political interference in the operation of TBS.
In September the National Communications Commission (NCC) rejected,
for the second time, applications from Next TV (a unit of Next Media
Group) to launch news, information, and entertainment channels on
cable, although it approved Next TV's applications for a sports and a
movie channel. The NCC said the proposed programming on the three
rejected channels was more or less the same and questioned the
necessity of the additional channels. The NCC also expressed concern
that Next TV's plan to include animated news, which presents events in
``drama'' format, did not meet the standards of professional
journalism. Next TV accused the NCC of suppressing freedom of speech
and stifling creativity. Next TV said its animated news program had won
praise for its innovative format.
In November 2009, the Taipei City Government fined Apple Daily,
also a part of the Next Media Group, a total of NT$1 million
(approximately $35,710) for using animation on its Web site to
reconstruct and illustrate stories of rape, sexual assault, and
violence that appeared in the newspaper. The city government also
barred primary and middle schools in the city from subscribing to Apple
Daily and added that anyone wishing to borrow Apple Daily from Taipei
public libraries must provide identification proving they were 18 years
or older. At year's end the ban remained in effect. Taipei Mayor Hau
Lung-bin said he respected press freedom but would do what was
necessary to comply with the Child Welfare Law.
A total of 26 journalists from 10 People's Republic of China (PRC)
news outlets had journalists based in Taiwan.

Internet Freedom.--There were no official restrictions on access to
the Internet, and individuals and groups could engage in the expression
of views via the Internet, including by e-mail. According to
International Telecommunication Union statistics, approximately 70.1
percent of the population used the Internet.
Several nongovernmental organizations (NGOs) reported that law
enforcement officials monitored Internet chat rooms and bulletin boards
and used Internet addresses to identify and prosecute adults
responsible for posting sexually suggestive messages; one leading NGO
noted a decrease in such monitoring. Critics alleged the Child and
Youth Sexual Transaction Prevention Act (CYSTPA), which is intended to
protect children from sexual predators, was used to punish
constitutionally protected free speech between consenting adults. In
response to a request by persons opposed to this use of the CYSTPA, the
Constitutional Court looked at the issue and ruled in favor of the law
enforcement officials' actions. The court noted that the constitutional
guarantee to free speech is not absolute and may be subject to
reasonable restrictions intended to preserve a significant public
interest--in this case, ``to deter and eliminate cases where children
or juveniles become objects of sexual transaction.''

Academic Freedom and Cultural Events.--There were no restrictions
on academic freedom.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--Opposition-party legislators and human rights NGOs claimed
that the Assembly and Parade Law unconstitutionally restricted free
speech and assembly, and called for it to be amended or abolished. They
claimed that the law unfairly disadvantaged smaller organizations and
was selectively enforced. The Taiwan Association for Human Rights and
more than a dozen other civic groups formed an alliance to advocate
removing restrictions on street protest demonstrations and eliminating
the requirement to apply to police for permission to hold a
demonstration.
In May 2009 the authorities charged two professors alleged to be
organizers of the 2008 ``Wild Strawberry'' student movement
demonstrations for failing to obtain permits in violation of the
Assembly and Parade Law. On September 9, the Taipei District Court
deferred the trial of one of the defendants in the case and requested a
ruling by the Constitutional Court on the Assembly and Parade Law. In
2009 Taiwan courts convicted three individuals of violations of the law
in separate cases. The courts sentenced two to prison terms of less
than two months and fined one. During the year authorities did not
charge anyone with violations of the assembly law.

Freedom of Association.--The law provides this right, and the
authorities generally respected it in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within Taiwan, foreign travel, emigration, and
repatriation, and the authorities generally respected these rights in
practice.
All travelers from the PRC are required to have invitations from
sponsors and are subject to approval by the Mainland Affairs Council.
PRC tourists must travel in groups and stay at designated hotels. PRC
tour groups must be chaperoned by a Taiwan travel agency, which is
required to post a NT$1 million (approximately $35,710) bond in order
to receive PRC tour groups. The bond can be partially or entirely
forfeited if any tour group member is involved in legal problems or is
reported missing. The Tourism Bureau must be notified in advance of any
change to a tour group itinerary.
The law does not provide for forced exile, and it was not
practiced.

Protection of Refugees.--Because of its international status,
Taiwan is unable to be a party to the 1951 UN Convention relating to
the Status of Refugees or its 1967 protocol; its law does not provide
for the granting of asylum or refugee status. All PRC citizens
unlawfully present are required by law to be returned to the PRC. At
year's end there were eight PRC nationals on Taiwan seeking asylum
elsewhere.
Throughout the year the authorities repatriated undocumented
immigrants to their countries of origin. According to the MOI, the
total number of undocumented PRC immigrants deported to the mainland
declined from 365 in 2008 to 236 in 2009 and to 90 in 2010. As of
November 66 undocumented PRC immigrants were awaiting deportation. For
the first eight months of the year, the average detention for PRC
undocumented immigrants lasted 81 days. There were 1,159 non-PRC
undocumented aliens (including 504 men and 655 women) awaiting
deportation. Their average waiting time was 37.7 days.
In January 2009 a group of more than 100 ethnic Tibetans ended a
24-day sit-in seeking legal status in Taiwan. The Tibetans entered
Taiwan at different times since 2002 and overstayed their temporary
visas. In January 2009 the LY passed amendments to the Immigration Act
allowing Tibetans who overstay their visas to apply for residency
certificates, and since then more than 100 ethnic Tibetans have gained
legal residency.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--In January 2008 the
Kuomintang Party (KMT) won a significant majority in the LY following
the implementation of a new single-member-district electoral system.
Two months later the KMT presidential candidate Ma Ying-jeou won the
presidency, marking the second peaceful, democratic transfer of power
in Taiwan's history. Observers regarded the elections as free and fair.
Political parties operated without restriction or outside
interference.
There were 33 women in the 113-member LY. Eight of the 48 Executive
Yuan (cabinet) members were women. The mayor of Kaohsiung, the island's
second largest city, was a woman. Two of the 15 Constitutional Court
justices were women. At least half of the at-large seats won by a
political party were required to be filled by women.
Representatives of the indigenous population participated in most
levels of the political system. They held six reserved seats in the LY,
half of which were elected by plains tribes and half by mountain
tribes. Indigenous persons accounted for approximately 2 percent of the
population; their allocation of legislative seats was more than double
their proportion of the population.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the authorities generally implemented these laws effectively. There
were allegations of official corruption during the year.
In June the Taipei High Court upheld the conviction of former
president Chen Shui-bian and his wife Wu Shu-jen for corruption, money
laundering, forgery, and embezzlement but reduced the sentences from
life to twenty years in prison. Chen remained in custody while he
appealed his high court conviction.
Over the past two years, the courts have convicted four KMT
legislators and one People First Party legislator of vote buying. On
September 8, Taipei courts also convicted two incumbent KMT lawmakers
and six former Democratic Progressive Party lawmakers of corruption and
sentenced them to jail terms ranging from four to 10 years.
In April 2009 the LY amended the Act for the Punishment of
Corruption to allow criminal charges against civil servants who fail to
account for the origins of abnormal increases in their assets. All
public servants are subject to the Public Servants' Property
Declaration Law.
The Ministry of Justice (MOJ) is in charge of combating official
corruption.
Police corruption, while limited, was a problem. The NPA did not
keep statistics on police corruption cases. In June nine ranking police
officers in Taipei City were indicted for taking bribes from organized
crime figures. The prosecutors recommended sentences ranging from 11 to
20 years in jail. In August the director of a police station in Hualien
County was sentenced to 13 years in jail for taking bribes from an
illegal gravel business. Another two police officers involved in the
case were sentenced to 31 months and 64 months, respectively.
In September a former police officer in Taipei County was sentenced
to 10 and a half years in jail for taking bribes from a human-
trafficking ring to extend the residence permits of Vietnamese victims.
In October 2009 three police officers in Taipei County were indicted
for receiving bribes amounting to NT$23 million (approximately
$821,400) from brothels. The prosecutor recommended a prison term of 13
years and six months for the main suspect. At year's end the trial was
ongoing. From January to November, prosecutors indicted 1,123 persons
on various corruption charges, including 68 senior officials
(department director level and above) and 33 elected officials.
The Access to Government Information Law stipulates that all such
information be made available to the public upon request, except
national secrets, professional secrets, personal information, and
protected intellectual property. The law provides that registered
citizens, companies, and groups can submit information requests and can
appeal denied requests. These privileges are extended on a reciprocal
basis to citizens of foreign countries.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
generally operated without restriction, investigating and publishing
their findings on human rights cases. The authorities often were
cooperative and responsive to their views.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides for equality of citizens before the law
irrespective of sex, religion, race, class, or party affiliation. It
also provides for the rights of persons with disabilities. The
authorities enforced these provisions effectively.

Women.--Violence against women, including rape and domestic
violence, remained a serious problem. Rape, including spousal rape, is
a crime. Because victims were socially stigmatized, many did not report
the crime, and the MOI estimated that the total number of sexual
assaults was 10 times the number reported to the police.
The law provides protection for rape victims. Rape trials are not
open to the public, unless the victim consents. The law permits a
charge of rape without requiring the victim to press charges.
The law establishes the punishment for rape as not less than five
years' imprisonment, and those convicted usually were given prison
sentences of five to 10 years. According to the MOI, 6,816 reports of
rape or sexual assault were filed through September. As of November
1,815 persons were indicted for sexual assault, and 1,705 persons were
convicted. According to the MOJ, the average prosecution rate for rape
and sexual assault over the past five years was approximately 50
percent, and the average conviction rate was about 90 percent.
The law allows prosecutors to take the initiative in investigating
complaints of domestic violence without waiting for a spouse to file a
formal lawsuit. As of November 91,457 cases of domestic violence had
been reported. Also as of November authorities prosecuted 2,894 persons
for domestic violence and convicted 2,159. As of November 18,120
protection orders had been issued to female domestic violence victims
and 3,033 to male victims. Typically persons convicted in domestic
violence cases were sentenced to less than six months in prison. Social
pressure not to disgrace their families discouraged abused women from
reporting incidents to the police.
The law requires all cities and counties to establish violence
prevention and control centers to address domestic and sexual violence,
child abuse, and elder abuse. These centers provided victims with
protection, medical treatment, emergency assistance, shelter, legal
counseling, and education and training on a 24-hour basis.
Sexual harassment in the workplace is a crime, punishable by fines
of from NT$100,000 to NT$1 million (approximately $3,570 to $35,710)
and imprisonment for up to two years. All public employers and larger
private employers are required to enact preventive measures and
establish complaint procedures to deter sexual harassment. During the
year 19,814 cases were reported through the 113 hotline. Women's groups
complained that, despite the law and increased awareness of the issue,
judicial authorities remained dismissive of sexual harassment
complaints.
Individuals and couples had the right to decide the number,
spacing, and timing of their children and had the information and means
to do so.
Unmarried persons, however, are prohibited by law from obtaining
fertility treatments. Access to contraception and skilled attendance
during childbirth and postpartum were widely available. In 2009 the
maternal mortality rate per 100,000 live births was reported as 8.4
deaths. Women and men were equally diagnosed and treated for sexually
transmitted infections, including HIV.
The law prohibits discrimination based on gender. The Gender
Equality in Employment Act (GEEA) provides for equal treatment with
regard to salaries, promotions, and assignments. The GEEA entitles
women to request up to two years of unpaid maternity leave and forbids
termination because of pregnancy or marriage. Central and local
agencies, schools, and other organizations are required to develop
enforcement rules and set up gender equality committees to oversee the
implementation of the law. One NGO claimed that the authorities were
not doing enough to raise public awareness of this issue.
Women's advocates noted that women continued to be promoted less
frequently, occupied fewer management positions, and worked for lower
pay than did their male counterparts. Women made up 50 percent of the
service industry workforce and the total workforce. According to the
Council for Labor Affairs (CLA), salaries for women averaged 82 percent
of those for men performing comparable jobs.

Children.--Citizenship is derived from one's parents or by birth on
the island. The authorities were committed to the rights and welfare of
children, and the law included provisions to protect them.
Child abuse continued to be a widespread problem. A reliable NGO
reported sexual abuse was more prevalent than the public realized, with
the estimated number of victims reaching approximately 20,000 annually
while only approximately 3,000 were reported. According to the MOI,
22,089 cases, including cases of physical, mental, or sexual abuse or
harm due to guardian neglect, were reported during the year. Central
and local authorities, as well as private organizations, continued
efforts to identify and assist high-risk children and families and to
increase public awareness of child abuse and domestic violence.
By law persons discovering cases of child abuse or neglect must
notify the police or welfare authorities. Child welfare specialists
must notify the local authorities within 24 hours, and authorities must
take appropriate measures within 24 hours. Regulations encourage
officials to respond to investigation requests within four days. The
MOI Children's Bureau and NGO specialists monitored cases to ensure
that requirements were met. An official hotline accepted complaints of
child abuse and offered counseling. Courts are to appoint guardians for
children whose parents are deemed unfit.
The minimum age of consent to engage in sexual relations is 18.
Persons who engaged in sex with children under age 14 faced sentences
of three to 10 years in prison. On September 26, more than 15,000
persons gathered in front of the presidential office to demand a
mechanism for eliminating incompetent judges following a series of
verdicts that gave lenient sentences to child sex offenders. On
September 7, the Supreme Court announced that, effective immediately,
offenses involving sexual assault on children under the age of seven
would result in a minimum sentence of seven years in prison. Those who
engaged in sex with minors between ages 14 to 16 were sentenced to
three to seven years. Solicitors of sex with minors older than 16 but
younger than 18 faced up to one year in prison or hard labor, or a fine
up to NT$ three million (approximately $107,000). According to the MOI
Child Welfare Bureau, 418 minors were rescued from prostitution in 2009
and placed in shelters.
The extent to which child prostitution occurred was difficult to
measure because of increased use of the Internet and other
sophisticated communication technologies to solicit clients.
Advertisements related to prostitution were prohibited, and the law was
enforced in practice. Under the law citizens arrested abroad for having
sex with minors could also be indicted and convicted for patronizing
underage prostitutes in foreign countries, although there were no such
cases over the past four years. The law also prohibits child
pornography, and violators are subject to sentences of up to six months
and substantial fines.
As of November, 382 persons were indicted and 320 persons were
convicted of violating the Child and Youth Sexual Transaction
Prevention Act, which criminalizes child prostitution and the
possession and distribution of child pornography. The law requires
publication of violators' names in newspapers.
Taiwan is not a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's report on compliance at http://travel.state.gov/abduction/
country/country--3781.html.

Anti-Semitism.--There were no reports of anti-Semitic acts. The
Jewish population numbered approximately 200 persons.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities and sets minimum fines for
violations.
The MOI and the CLA are responsible for protecting the rights of
persons with disabilities. The law stipulates that the authorities must
provide services and programs to members of the population with
disabilities. Free universal medical care was provided to persons with
disabilities. NGOs continued to assert that more public nursing homes
were needed and that current programs, such as home care services,
needed to be expanded to meet the growing needs of those with
disabilities, including the growing number of elderly persons.
From July 2009 a public agency with 34 or more employees must hire
at least 3 percent of its workforce from among those with physical or
mental disabilities. Private sector enterprises that have a work force
of 67 or more are required to have at least 1 percent of the payroll
filled by employees with disabilities. The new employment regulations
were expected to provide approximately 4,400 job opportunities for
persons with disabilities. The authorities provided subsidies ranging
from NT$3,000 to 7,000 (approximately $107 to $250) to persons with
disabilities. As of September, subsidies amounting to NT$12.1 billion
($432 million) had been allocated. In 2009 a total of NT$15.65 billion
($559 million) was distributed.
By law new public buildings, facilities, and transportation
equipment must be accessible to persons with disabilities, and this
requirement was generally met. Violations resulted in fines ranging
from NT$60,000 to NT$300,000 (approximately $2,140 to $10,700).

National/Racial/Ethnic Minorities.--As of November, 8 percent of
all marriages included a foreign-born spouse, primarily from China,
Vietnam, Indonesia, or Thailand, and an estimated 8.9percent of all
births were to foreign-born mothers.
Foreign spouses were targets of discrimination both inside and
outside the home.
In 2009 the Control Yuan held that the right to family unification
was a protected constitutional right and that, therefore, consideration
of spousal visas should be handled in accordance with due process
principles.
The authorities offered free Chinese-language and child-raising
classes and counseling services at community outreach centers to assist
foreign-born spouses' integration into society. The Legal Aid
Foundation provided legal services to foreign spouses and operated a
hotline to receive complaints. The MOI also operated its own hotline
with staff conversant in Vietnamese, Cambodian, Thai, Indonesian,
English, and Chinese.
Following amendments to the law, PRC-born spouses must wait six
rather than eight years to apply for Taiwan residency, whereas non-PRC
spouses may apply after only three years. The amended law also
stipulates that PRC foreign spouses are also permitted to work on
Taiwan immediately on arrival. In addition the authorities canceled the
quota for visas for PRC spouses in August 2009.

Indigenous People.--There are 14 identified non-Chinese groups of
indigenous people, accounting for approximately 2 percent of the
population. The law protects the civil and political rights of these
indigenous persons. The Indigenous Peoples Basic Act stipulates that
the authorities should provide resources to help indigenous individuals
develop a system of self-governance, formulate policies to protect
their basic rights, and promote the preservation and development of
their language and culture. Critics complained that the authorities did
not do enough to preserve aboriginal culture and language.
In September activists claiming to represent the Pingpu, an
indigenous population of approximately one-half million, filed a
petition with the Presidential Office and the Council of Indigenous
Peoples asking for official recognition. The application was rejected.
The Pingpu activists claimed that without official recognition, they
would eventually become culturally extinct.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There are no laws prohibiting
homosexual activities. According to homosexual rights activists,
violence against lesbian, gay, bisexual, and transgender (LGBT) persons
was rare, but societal discrimination against LGBT persons with HIV and
AIDS was a problem.
LGBT rights activists said instances of police pressure to LGBT-
friendly bars and bookstores decreased. However, in February the Taipei
City Education Bureau issued an official letter to schools warning of
homosexual influence on students. Following mounting pressure from LGBT
rights advocates, in September the Education Bureau asked that school
officials disregard the letter.
The eighth annual gay pride march was held on October 30.
LGBT rights activists alleged the restrictions on doctors providing
fertility treatments to unmarried persons unfairly discriminated
against LGBT persons, who are not permitted to marry.
Employers convicted of discriminating against jobseekers on the
basis of sexual orientation face fines of up to NT$1.5 million
(approximately $53,570).

Other Societal Violence or Discrimination.--There was reported
discrimination, including employment discrimination, directed against
persons with HIV/AIDS. An amendment of the AIDS Prevention and Control
Act allows foreign spouses infected with HIV to remain on Taiwan, if
they can show they were infected by their spouse or by medical
treatment received while on Taiwan. The amended law, renamed the HIV
Prevention and Patients' Rights Protection Act, also stipulates that
HIV-infected citizens cannot be denied access to education, medical
services, housing, or other necessities.
Section 7. Worker Rights

a. The Right of Association.--The right to unionize is protected by
the constitution but is highly regulated under the Labor Union Law
(LUL) and other laws.
Some public employees have limited rights to form unions. Teachers
and civil servants were allowed to form professional associations to
negotiate with the authorities but were not allowed to strike. These
restrictions led to a long-running dispute between the authorities and
groups representing teachers and civil servants.
Foreign workers are not allowed to form their own unions. In June
the LY amended the LUL to allow foreign workers to assume union
leadership positions.
A number of laws and regulations limit the right of association.
While labor unions may draw up their own rules and constitutions, they
must submit them to county and city authorities as well as to the CLA
for review. Labor unions may be rejected or dissolved, if they do not
meet CLA certification requirements or if their activities disturb
public order.
At the end of September, approximately 29 percent of the 11.1
million-person labor force belonged to one of the 4,842 registered
labor unions. Many of them were also members of one of 10 island-wide
labor federations.
The right to strike is provided by law, and workers exercised this
right in practice.
However, legal constraints make it difficult to strike, undermining
the usefulness of collective bargaining. Workers may strike over issues
of compensation and working schedules but not living or working
conditions. The law requires mediation of labor disputes when the
authorities deem them to be sufficiently serious or to involve unfair
practices. The law also prohibits labor and management from disturbing
the ``working order'' while mediation or arbitration is in progress.
Teachers and defense industry employees, however, are not afforded the
right to strike. Critics contended the law had a chilling effect on the
right to strike, because it restricted workers' ability to take action
in a dispute. The law mandates stiff penalties for violations of no-
strike and no-retaliation clauses. In June the LY amended the LUL and
reduced punishments for unions that violate regulations.

b. The Right to Organize and Bargain Collectively.--The law gives
workers the right to organize, bargain, and act collectively, although
some positions are not afforded this right.
At the end of September, there were 39 collective bargaining
agreements in force. However, they covered only a small proportion of
the labor force, mainly in large companies; 95 percent of industrial
labor unions had no collective agreements. No special labor laws or
labor law exemptions apply to the export processing zones in Kaohsiung
and Taichung.
The LUL prohibits discrimination, dismissal, or other unfair
treatment of workers because of union-related activities. Labor unions
charged, however, that during employee cutbacks, labor union leaders
were sometimes laid off first or dismissed without reasonable cause.
For example, in March labor union leaders of a touch panel
manufacturing company alleged that lay-offs management said were
necessary due to shrinking revenue and outsourcing were, in fact, an
effort to get rid of union leaders. In addition the Teachers'
Association of Taipei County claimed in August that Taipei County
authorities had requested all schools to cancel leave for teachers'
association-related activities. Although workers did not pursue
mediation in either case, labor activists maintained that the labor
environment remained unfriendly to any organization activities. The
Taiwan Confederation of Trade Unions and the Taiwan Labor Front
contended there was no specific penalty for the improper dismissal of a
labor union leader.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor. However, there were reports that such
practices occurred. There was evidence of trafficking in persons into
forced labor in such sectors as household caregivers, farming, fishing,
manufacturing, and construction (see section 7.e.).
The antitrafficking law criminalizes forced labor, and public
awareness campaigns included worker education pamphlets, foreign worker
hotlines, and Ministry of Education programs on trafficking as part of
the broader human rights curriculum.
See also the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
Labor Standards Law (LSL) stipulates age 15, when compulsory education
ends, as the minimum age for employment. County and city labor bureaus
effectively enforced minimum-age laws.

e. Acceptable Conditions of Work.--The LSL provides standards for
working conditions and health and safety precautions. At the end of
September, the LSL covered an estimated 6.6 million of the 8.1 million
salaried workers. Those not covered included health-care workers,
gardeners, bodyguards, teachers, doctors, lawyers, civil servants, and
domestic workers.
Foreign household caregivers and domestic workers are covered
instead by the Employment Services Act, which does not provide for a
minimum wage or overtime pay, set limits on the workday or workweek, or
provide for minimum breaks or vacation time. At the end of December,
184,000 of the 377,000 foreign household caregivers and domestic
workers had applied for coverage under the Employment Services Act. In
September migrant workers' rights advocates protested the failure of
authorities to submit a Household Services Act, which would provide
those basic labor protections for all household caregivers and domestic
workers, to the legislature for consideration.
An increase in the minimum wage to NT$17,880 per month ($638) or
NT$98 per hour ($3.50) was scheduled to take effect in January 2011.
While sufficient in less expensive areas, the minimum wage did not
provide a decent standard of living for a single-income family in urban
areas such as Taipei. Labor rights activists reported that any benefit
to foreign workers from previous increases to the monthly minimum wage
failed to cover the increase in the maximum NT$5,000 ($178) monthly
deduction the CLA allowed employers to collect. The average
manufacturing wage was more than double the legal minimum wage, and the
average wage for service industry employees was even higher.
Nevertheless, the real monthly average wage decreased from NT$44,424
($1,580) in 2008 to NT$42,176 ($1,506) in 2009 due to the influence of
the global financial crisis. Many workers either lost their jobs or
took unpaid leave in 2009. As a result, unemployment increased from 1.8
percent to 5.9 percent in 2009, but decreased to 5.2 percent during the
year. The number of labor disputes in 2009 numbered 30,385 cases in
2009, a 24 percent increase from 2008. Of these, 29,128 cases were
related to wage and severance pay disputes. As the economy and
employment recovered, there were 18,118 labor disputes in the first
nine months of the year, a 24.2 percent decrease from the same period
in 2009.
To assist jobless workers, the authorities provided unemployment
relief payments for nine months and offered short-term job programs.
Legal working hours were 336 hours per eight-week period (for an
average of 42 hours per workweek). A five-day workweek has been
mandated for the public sector, and according to a CLA survey, more
than half of private sector enterprises also had a five-day workweek.
The law provides standards for working conditions and health and
safety precautions and gives workers the right to remove themselves
from dangerous work situations without jeopardy to their continued
employment. There was widespread criticism, however, that the CLA did
not effectively enforce workplace laws and regulations. During the year
the CLA's 307 inspectors conducted 89,339 inspections, a decrease of
1.1 percent from 2009. Those 307 inspectors were responsible for
inspecting approximately 310,000 enterprises covered by the
Occupational Safety and Health Law. Labor NGOs and academics argued
that the labor inspection rate was far too low to serve as an effective
deterrent against labor violations and unsafe working conditions,
especially for labor working in small and medium factories.
Regulations require intensified inspection and oversight of foreign
labor brokerage companies. NGOs reported that some labor brokers and
employers regularly collected high fees or loan payments from foreign
workers, using debts incurred in the source country as a tool for
involuntary servitude. During the year there were 379,653 documented
migrant workers in Taiwan--among them, 135,019 from Indonesia, 64,516
from Thailand, and 54,218 from Vietnam. The CLA estimated there were
33,000 undocumented workers. NGOs asserted that foreign workers were
unwilling to report employer abuses for fear the employer would
terminate the contract and forcibly deport them, leaving them unable to
pay back debt accrued to brokers or others.
An employer may deduct only labor insurance fees, health insurance
premiums, income taxes, and meal and lodging fees from the wages of a
foreign worker. Violators face fines of NT$60,000 to 300,000
(approximately $2,140 to 10,710) and loss of hiring privileges.
Critics, however, complained that violations continued and that the CLA
did not effectively enforce statutes and regulations intended to
protect foreign laborers from unscrupulous brokers and employers.
The CLA operated a Foreign Worker Direct-Hire Service Center that
allowed local employers to rehire their foreign employees, especially
caregivers, without a broker. NGOs, however, argued that complicated
procedures and restrictions on eligibility to use the service prevented
widespread implementation and advocated lifting restrictions on
transfers between employers.
The service center also permitted the direct rehiring of foreign
workers engaged in manufacturing, fisheries, construction, and other
industries. NGOs and academics urged the CLA to provide basic labor
protections such as minimum wage, overtime, and a mandatory day off for
household caregivers and domestic workers.
The National Immigration Agency is responsible for all immigration-
related policies and procedures for foreign workers, foreign spouses,
immigrant services, and repatriation of undocumented immigrants. The
CLA is responsible for work permits and services related to occupation.
The CLA also provides mediation services and may permit the transfer of
employees in situations where the employee has suffered exploitation or
abuse.
Except for victims of trafficking in persons or employer abuse,
foreign workers deemed to have worked illegally faced heavy fines,
mandatory repatriation, and a permanent ban on reentering Taiwan.

__________

THAILAND

Thailand is a constitutional monarchy with a population of more
than 67 million. The king is revered and in the past exerted strong
informal influence. A coalition government led by Abhisit Vejjajiva, of
the Democratic Party, has been in power since 2008. The most recent
national elections for the lower house of parliament, held in 2007,
were generally viewed as free and fair, but there were widespread
allegations of vote buying. Antigovernment protests that resulted in
significant political unrest from March to May in Bangkok and various
northeastern provinces, along with continuing internal conflict in the
southernmost provinces, led the Government to restrict some rights and
delegate certain internal security powers to the armed forces. Security
forces reported to civilian authorities.
Security forces continued at times to use excessive force against
criminal suspects, and there were reports that police tortured, beat,
and otherwise abused suspects, detainees, and prisoners, many of whom
were held in overcrowded and unsanitary conditions. There were
occasional dismissals, arrests, prosecutions, and convictions of
security forces in response to this behavior; however, official
impunity continued to be a serious problem. A separatist insurgency in
the South resulted in numerous human rights abuses, including killings,
committed by government security forces, ethnic Malay Muslim
insurgents, and local defense volunteers. The Government maintained
some limits on freedom of speech, the press, and assembly. Human rights
workers, particularly those focusing on violence in the South, reported
harassment and intimidation. Police corruption was widespread.
Trafficking in persons remained a concern. Members of hill tribes
without proper documentation continued to face restrictions on their
movement, could not own land, and often were the targets of labor
violations. Government enforcement of labor laws was inconsistent.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
confirmed reports that the Government or its agents committed any
politically motivated killings; however, at year's end government and
independent fact-finding commissions were investigating April and May
clashes between security forces and antigovernment protesters in
Bangkok and the Northeast that resulted in the deaths of 79 civilians,
11 security force members, and two foreign journalists. Public
attention focused in particular on the May 19 deaths of six protesters
and volunteer medical personnel in Wat Pathum and the vicinity.
Additionally, security forces occasionally used excessive and at times
lethal force against criminal suspects and committed or were connected
to extrajudicial, arbitrary, and unlawful killings. There were reports
of killing, torture, and unlawful detention during the year in
connection with the conflict in the southernmost provinces (see section
1.g.).
According to the Ministry of Interior's (MOI) Investigation and
Legal Affairs Bureau, from October 1, 2009, to September 30, 819
persons died in official custody. Authorities attributed most of the
deaths to natural causes while in prison. Police killed 145 suspects
during the arrest process.
Between March and May, antigovernment protesters affiliated with
the United Front for Democracy Against Dictatorship (UDD, or red
shirts) established two separate protest sites, including the
commercial center of Bangkok, while calling for the dissolution of
parliament. Ensuing clashes with government security forces left 92
persons dead. However, it remained unclear how many were killed by
security forces, by armed factions associated with the protest, or by
accident.
On May 30, Sulaiman Naesa died at the Inkhayuthboriharn Army Camp
after apparently using a towel to hang himself. Sulaiman's relatives
and local human rights groups reported what they considered to be signs
of torture on his body, including a wound on the left side of his neck
and another wound on his back that appeared to be from a sharp object.
The National Human Rights Commission (NHRC) was examining the case at
year's end.
On June 26, police shot and killed Manit Toommuang, suspected of
drug trafficking and murder, while in police custody. Shortly before
being shot, Manit was photographed sitting on a couch in his apartment
with his hands handcuffed behind his back. According to police
accounts, Manit took a gun from one of the officers and fired once,
causing the police to use deadly force in self-defense. The case
remained under investigation at year's end.
On August 11, Makhoseng Pohtae, a suspected militant, died in
custody due to injuries reportedly received after being tortured by
Yala police in the initial months following his arrest in March 2009.
An internal investigation by the Southern Border Provinces Police
Command found the abusing officers guilty of misconduct. At year's end
the National Counter-Corruption Commission (NCCC) was investigating the
case.
On September 2, a Narathiwat court acquitted a police
superintendent of all charges related to his involvement in the case of
Imam Yapa Koseng, who died while in army custody in 2008. In addition
the court rejected the case against five Royal Thai Army (RTA) soldiers
from Task Force 39 for their involvement in Yapa's death, stating that
the criminal proceedings should be filed with a military court. Two
lawsuits remained pending: the potential criminal proceeding against
the five military suspects, under consideration by the NCCC since 2008;
and the civil lawsuit filed by Yapa's family in March 2009 against the
Ministry of Defense, RTA, and Royal Thai Police (RTP), which was
suspended pending the resolution of a jurisdictional problem.
A criminal trial continued against three officers in Kalasin
Province suspected of involvement in the 2004 killing of Kiattisak
Thitboonkhrong and the subsequent cover-up. This was one of 10 cases
accepted in 2009 by the Department of Special Investigation's (DSI)
Special Case Center for investigation related to the 2003 ``War on
Drugs'' campaign, although the killings occurred after 2003. The DSI
forwarded eight of the cases to the Office of the Attorney General
(OAG) and one to the NCCC. The remaining cases were pending.
According to the Thailand Mine Action Center, during the year there
was one death and 23 injuries due to land mines, occurring in Buriram,
Chanthaburi, Sakaew, Sisaket, Ubon Ratchatani, Tak, and Trat provinces.
The Government continued public awareness campaigns, including sending
landmine awareness teams to the affected villages and landmine
education teams to local schools to inform students of the risk
associated with land mines and instruction on how to avoid injuries.
There were at least eight violent incidents between Thai border
rangers and Cambodian illegal loggers during the year. For example, on
January 10, border rangers shot at a group of Cambodians illegally
logging on the Thai side of the border in Sisaket Province. Two
Cambodians reportedly were killed during the incident. On March 8,
border rangers allegedly shot and killed one individual among a group
of Cambodian illegal loggers in Surin Province. On November 6, Thai
border rangers allegedly shot and killed two armed Cambodian loggers in
Sisaket Province.

b. Disappearance.--There were no confirmed reports of politically
motivated disappearances; however, nongovernmental organizations (NGOs)
reported that several persons remained missing following the dispersal
of antigovernment protesters in May. According to the Mirror
Foundation, the whereabouts of 17 protesters remained unknown at year's
end; there also were multiple media reports of numerous protesters
having fled to Cambodia. There were no confirmed reports that
individuals disappeared after being questioned by security officials in
the southern provinces.
The Working Group on Justice for Peace reported that Doromae Jehlae
disappeared on his way to work on March 17 in Pattani Province. His
relatives stated that he had been questioned by soldiers in the days
prior to his disappearance.
There were no developments in the case of Abduloh Abukaree, who
disappeared in December 2009 after failing to return to his home in
Narathiwat Province. He was a key witness in a DSI case against high-
ranking police officials connected to the disappearance of prominent
Muslim attorney and human rights activist Somchai Neelaphaijit. There
were no developments in the 2008 case of Kamol Laosophaphant, a
businessman in Khon Kaen Province who disappeared after going to a
police station to lodge criminal complaints against local officials
concerning state railway land deals. At year's end the case regarding
the disappearance of Somchai Neelaphaijit remained before the NCCC, and
the appeals court continued to examine the possibility of future
prosecutions. Somchai disappeared in 2004 after providing legal
representation to criminal suspects who had allegedly been tortured by
high-ranking police officials.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution specifically prohibits such practices,
but there is no law that specifically prohibits torture, and it is not
punishable as an offense under criminal law. Additionally, section 17
of the Emergency Decree effectively provides immunity from prosecution
to security officials for actions committed during the performance of
their duties. NGOs and legal entities continued to report that members
of the police and military occasionally tortured and beat suspects to
obtain confessions. There were newspaper reports of numerous cases in
which citizens accused police and other security officials of using
brutality. By year's end there had been one prosecution, although no
conviction, of a military official for alleged torture; there also were
criminal actions being pursued against RTP officers.
The NHRC, in a report dated September 15, found that torture took
place widely and systematically in the deep South. The study, which
examined 35 alleged torture cases since 2006, found that beating and
intimidation tactics were widely used by state officials. Torture
tactics included covering the victims' heads with plastic so they were
unable to breathe, applying lit cigarettes to body parts, beating
victims with a wooden stick covered by a sponge, and using electric
shocks. According to the report, most of the abusers were members of
the armed forces or police who arrested and detained suspects under
special laws including martial law, the Internal Security Act, and the
Emergency Decree.
In May 2009 an army unit stopped Adil Samae and Masaofi Khawaenbgbu
for questioning in Yala Province. One of the soldiers began beating the
pair before the two escaped. They reported the incident to the police
two days later, and on January 26, the case was brought before the
Pattani Military Court. On April 26, the court found the soldier guilty
of abuse, sentenced him to six months in prison, and fined him 2,000
baht ($62.50). The prison sentence was later reduced to two years'
probation. Following the military court verdict, on May 10, Adil and
Masaofi filed a civil lawsuit at the Songkhla Administrative Court
against the Ministry of Defense and the Royal Thai Army. At year's end
the court was examining the case.
There were no developments in the case of university students
Ismael Tae and Amisi Manak, allegedly tortured by security personnel
from Yala and Pattani provinces in 2008.
There were no developments in the case of Rayu Korkor, arrested in
2008 with Imam Yapa Koseng and four other men. Rayu alleged that he
witnessed Yapa's death at the hands of security officials (see section
1.a.) and that he was tortured. The RTP forwarded the case to the NCCC,
and Rayu's relatives also filed a civil lawsuit against the RTA that
remained pending at year's end.

Prison and Detention Center Conditions.--Prison conditions were
poor. Most prisons and detention centers were overcrowded. There were
approximately 172,000 prisoners in prisons and detention facilities
designed to hold 150,000. Sleeping accommodations were insufficient,
medical care was inadequate, and communicable diseases were widespread
in some prisons. Seriously ill prisoners at times were transferred to
provincial or state hospitals.
Prison authorities sometimes used solitary confinement of not more
than one month, as permitted by law, to punish male prisoners who
consistently violated prison rules or regulations; the Department of
Corrections maintained that the average confinement was approximately
seven days. Authorities also used heavy leg irons to control prisoners
who were deemed escape risks or harmful to other prisoners.
Approximately 13 percent of the prison population consisted of
pretrial detainees, who were not segregated from the general prison
population. Men, women, and children often were held together in police
station cells pending indictment. Separate detention facilities for
juvenile offenders were available in all provinces.
Prisoners and detainees had access to visitors and were permitted
religious observance. Authorities permitted prisoners and detainees or
their representatives to submit complaints without censorship to
ombudsmen but not directly to judicial authorities. The Ministry of
Justice (MOJ), through its Department of Corrections, was responsible
for investigating and monitoring prison and detention facility
conditions, but authorities rarely investigated complaints and did not
make public the results of such investigations.
Conditions in immigration detention centers (IDCs) remained poor.
The Immigration Police Bureau, reporting to the Office of the Prime
Minister, administered the IDCs, which were not subject to many of the
regulations that govern the regular prison system. Overcrowding and a
lack of basic medical care continued to be serious problems. Juveniles
above the age of 14 were detained with adults in IDCs. There also were
complaints of inadequate and culturally inappropriate food, especially
by Muslim detainees. There were reports that detainees, including
children, were not permitted sufficient exercise at some facilities.
Unlike in previous years, there were no reports that guards physically
abused detainees in IDCs administered by the Immigration Police Bureau.
The Government permitted visits to prisons and IDCs by independent
human rights observers. Additionally, the Government allowed human
rights observers to make a single controlled visit to the Inkayuth
military camp in Pattani Province, the first visit of its kind in the
southernmost provinces. Representatives of the International Committee
of the Red Cross (ICRC) were allowed to meet prisoners without third
parties present and made repeated visits. By the end of 2009, the ICRC
had also received access to all police facilities in the southernmost
provinces; however, at year's end the military had not approved ICRC
requests to visit prisoners detained in military detention facilities
in the four southernmost provinces, where detainees allegedly were
mistreated. Additionally, the ICRC was unable to visit persons
affiliated with the March-May antigovernment protests who were arrested
and detained in military camps for violating provisions of the
Emergency Decree. Representatives of the Office of the UN High
Commissioner for Refugees (UNHCR) had access to some detainees at the
Suvarnabhumi Airport IDC in Bangkok; however, the access varied on a
case-by-case basis. UNHCR officials were able to interview detainees in
Suan Phlu IDC, and access continued for third countries to process
recognized refugees for resettlement.
Ombudsmen have the power to consider and investigate complaints
lodged by any aggrieved citizen. Following an investigation, ombudsmen
can refer a case to a court for further review or provide
recommendations for further action to the appropriate agency, but they
do not have the power to force agencies to comply with their
recommendations. They can investigate complaints and petitions received
from prisoners and provide recommendations to the Department of
Corrections; however, they are not empowered to act on a prisoner's
behalf, nor do they involve themselves in a case unless an official
complaint is received.

d. Arbitrary Arrest or Detention.--The constitution specifically
prohibits arbitrary arrest and detention; however, government forces
occasionally arrested and detained persons arbitrarily. The Emergency
Decree, which gives the Government the authority to detain persons
without charge for up to 30 days in unofficial places of detention, was
used during parts of the year in as many as 27 of the country's 76
provinces. This action was in addition to martial law, which existed in
31 border-region provinces and allows for detention without charge for
a maximum of seven days. The Emergency Decree was lifted in Bangkok and
three adjoining provinces on December 22, leaving only three southern
provinces under the decree at year's end.
Emergency Decree provisions make it very difficult to challenge a
detention before a court. According to the law, under the decree
detainees should have legal access to counsel; however, in practice
there was no assurance of prompt access to legal counsel or family
members, nor were there transparent safeguards against the mistreatment
of detainees. Additionally, the decree effectively provides broad-based
immunity from criminal, civil, and disciplinary liability for officials
acting under its provisions.
According to the NHRC subcommittee on civil and political rights,
422 persons were detained for violating the Emergency Decree for
actions connected to violent red-shirt antigovernment protests in April
and May, some of whom were believed to have been bystanders not
participating in the protests or violence. Human rights groups reported
that a number of those arrested and detained for six months or longer
without having the opportunity in court to answer for their charges
committed relatively minor offenses such as violating curfew,
participating in the protests, or burning tires. At year's end 158 of
the 422 remained in detention.

Role of the Police and Security Apparatus.--The RTP has the
authority to minimize threats to internal security and suppress
criminal activity. It is under the direct supervision of the prime
minister and a 20-member police commission. The police commissioner
general is appointed by the prime minister and subject to cabinet and
royal approval. The Border Patrol Police has special authority and
responsibility in border areas to combat insurgent or separatist
movements.
The 2008 implementation of the Internal Security Act (ISA) created
the Internal Security Operations Command (ISOC) as a state agency under
the command of the prime minster, who acts as the ISOC director. It is
considered an interagency monitoring body, with both civilian and
military representation. The act also includes broad powers for the
military. During the year the Government invoked the ISA five times in
Bangkok to allow security forces to deal with antigovernment protests.
The Emergency Decree, which was in effect across large sections of the
country during part of the year, including in Bangkok between April and
December, provides the Government greater powers than the ISA and
therefore takes precedence. At year's end Bangkok remained covered by
the ISA, which replaced the decree on December 22. The ISA also was in
effect in four districts of Songkhla Province throughout the year.
Human rights organizations and academics criticized the Government for
repeatedly utilizing the ISA, with cabinet approval, to respond to
alleged threats to national security by restricting fundamental rights.
There were reports that police abused prisoners and detainees,
generally with impunity. Complaints of police abuse can be filed
directly with the superior of the accused police officer, the Office of
the Inspector General, or the police commissioner general. The NHRC,
Lawyers' Council of Thailand (LCT), NCCC, Court of Justice, MOJ, and
Office of the Prime Minister also accept complaints of police abuse and
corruption, as does the Office of the Ombudsman. The NHRC received 78
complaints of police abuse during the year.
When the police department receives a complaint, an internal
investigation committee first takes up the matter and may temporarily
suspend the officer involved in the complaint during the investigation.
Various administrative penalties exist, and serious cases can be
referred to a criminal court.
The joint NCCC-OAG committee investigation into the April 2009
attempted killing of People's Alliance for Democracy leader Sondhi
Limthongkul continued. At year's end the police officer and two
soldiers for whom arrest warrants were issued in July 2009 remained
free.
Procedures for investigating suspicious deaths, including deaths
occurring in police custody, require that a prosecutor, forensic
pathologist, and local administrator participate in the investigation
and that, in most cases, family members have legal representation at
the inquests. However, these procedures often were not followed.
Families rarely took advantage of a provision in the law that allows
them to bring personal lawsuits against police officers for criminal
action during arrests.
The Ministry of Defense requires that service members receive human
rights training both as a part of routine training and prior to
deployments. This training takes place under the mandate of a 1992
cabinet resolution in response to the political violence in May of that
year. The routine training occurs at various levels, including for
officers, noncommissioned officers, enlisted personnel, and recruits.
Additionally, military service members deploying in support of
counterinsurgency operations in the South also received specific human
rights training, including training for detailed, situation-specific
contingencies.

Arrest Procedures and Treatment While in Detention.--With few
exceptions, the law requires police to obtain a warrant from a judge
prior to making an arrest. In practice the system for issuing arrest
warrants was subject to misuse by police officers and a tendency by the
courts automatically to approve all requests for warrants. By law
persons must be informed of likely charges against them immediately
after arrest and must be allowed to inform someone of their arrest. The
law provides for access to counsel for criminal detainees; however,
lawyers and human rights groups claimed that police often conducted
interrogations without providing access to an attorney. Lawyers working
in the southern provinces reported that under the Emergency Decree they
were denied adequate access to detained clients, and some individuals
in those southern provinces reported they were denied permission to
visit detained family members. Foreign detainees sometimes were
pressured to sign confessions without the benefit of a competent
translator. The MOJ and OAG sought to provide an attorney to indigent
detainees at public expense.
Under normal conditions the law allows police to detain criminal
suspects for 48 hours after arrest for investigation. Court permission
is required to extend detentions for additional periods (up to a
maximum of 84 days for the most serious offenses) to conduct
investigations. Lawyers reported that police rarely brought cases to
court within the 48-hour period. Laws and regulations place offenses
for which the maximum penalty is less than three years under the
jurisdiction of the district courts, which have different procedures.
In these cases police are required to submit cases to public
prosecutors within 72 hours of arrest. According to the LCT, pretrial
detention of criminal suspects for up to 60 days was not uncommon.
The law provides defendants the right to request bail, and the
Government generally respected this right. However, some human rights
groups reported that police frequently either did not inform detained
suspects of their right to request bail or refused to recommend bail
after a request was submitted.
Under martial law the military has the authority to detain persons
without charge for a maximum of seven days, and under the Emergency
Decree a person may be detained for up to 30 days without charge.
On May 24, Suthachai Yimprasert, assistant professor of history at
Chulalongkorn University, was arrested for violating the Emergency
Decree by distributing leaflets critical of the Government's treatment
of the red-shirt protesters. He was detained without charge at a
military camp in Saraburi Province before being released on June 5.
On June 27, Sombat Boonngammanong was arrested under a provision of
the Emergency Decree prohibiting the gathering of more than five
persons after he held a small demonstration in Bangkok, during which he
tied red ribbons to a signpost while others with him held up
photographs of violent actions allegedly related to the military
dispersal of red-shirt protesters on May 19. He was held in detention
without charge at a Border Patrol Police command office in Pathumthani
Province before being released on July 9.
On October 5, police in Ayutthaya Province arrested Amornwan
Charoenkij for selling flip-flop shoes printed with the faces of the
prime minister and deputy prime minister, along with a statement that
read, ``People died at Ratchaprasong.'' She was arrested for violating
provisions of the Emergency Decree, despite the fact that the decree
had been lifted in Ayutthaya in July. Amornwan was released on bail,
and her case was pending at year's end.

Amnesty.--The king issued a royal amnesty proclamation in honor of
his 60th wedding anniversary on April 28. By year's end approximately
10,000 prisoners had been pardoned and released as part of this
amnesty.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary. Although the judiciary generally was regarded as
independent, it was subject to corruption and outside influences.
According to human rights groups, the lack of progress in several high-
profile cases involving alleged abuse by the police and military
diminished the public's trust in the justice system and discouraged
some victims of human rights abuses (or their families) from seeking
justice.

Trial Procedures.--The law provides for the presumption of
innocence. There is no trial by jury. A single judge decides trials for
misdemeanors; two or more judges are required for more serious cases.
The constitution provides for a prompt trial, although a large backlog
of cases remained in the court system. While most trials are public,
the court may order a closed trial, particularly in cases involving
national security, the royal family, children, or sexual abuse.
In ordinary criminal courts, defendants enjoy a broad range of
legal rights, including access to a lawyer of their choosing; however,
indigent defendants are not automatically provided with counsel at
public expense. The LCT budget was reduced by more than 15 percent from
2009. The legal aid provided was often done on an intermittent,
voluntary, public-service basis and was of low standard. Some NGOs
reported that legal aid lawyers pressured their clients into paying
additional fees directly to them. The court is required to appoint an
attorney in cases where the defendant disputes the charges, is
indigent, or is a minor, as well as in cases where the possible
punishment is more than five years' imprisonment or death. Most free
legal aid came from private groups, including the LCT and the Thai
Women Lawyers Association. There is no discovery process; consequently,
lawyers and defendants do not have access to evidence prior to the
trial. The law provides for access to courts or administrative bodies
to appeal or seek redress, and the Government generally respected this
right.
Several NGOs expressed concern over the lack of adequate protection
for witnesses, particularly in cases involving alleged police
wrongdoing. The MOJ's Office of Witness Protection had limited
resources and primarily played a coordinating role. In most cases
witness protection was provided by the police, but six other state
agencies participated in the program. Witnesses, lawyers, and activists
involved in cases of alleged police abuse reported that protection was
inadequate and that they were intimidated by the police sent to provide
protection.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. The law provides for access
to courts and administrative bodies to bring lawsuits seeking damages
for, or cessation of, a human rights violation, and the Government
generally respected this right. However, sections 16 and 17 of the
Emergency Decree, which was in force in as many as 27 provinces,
expressly excludes scrutiny by the Administrative Court or civil or
criminal proceedings against government officials, although victims may
seek compensation from a government agency instead.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution specifically prohibits such actions,
and the Government generally respected these prohibitions in practice.
However, the use of martial law and the Emergency Decree gives
government security forces the authority to conduct searches without a
warrant, and this authority was used on many occasions. There were
numerous complaints from persons claiming that security forces abused
this authority, but the decree provides security forces broad immunity
from prosecution.
Security services monitored persons, including foreign visitors,
who espoused extremist or highly controversial views.

g. Use of Excessive Force and Other Abuses in Internal Conflict.--
The internal conflict in the ethnic Malay, Muslim-majority,
southernmost provinces (Narathiwat, Pattani, Yala, and portions of
Songkhla) continued throughout the year. Insurgents carried out almost
daily bombings and attacks that caused deaths and injuries. The
Emergency Decree in effect in this area gives military, police, and
civilian authorities significant powers to restrict certain basic
rights and delegates certain internal security powers to the armed
forces. The decree also provides security forces broad immunity from
prosecution. The martial law imposed in 2006 remained in effect in
Narathiwat, Pattani, and Yala, giving a wide range of powers to
security forces.

Killings.--Human rights groups accused government forces of
extrajudicial killings, arbitrary arrests, and torture of individuals
suspected of involvement with separatists. As a result of attacks by
suspected insurgents, tension between the local ethnic Malay Muslim and
ethnic Thai Buddhist communities remained high, alongside a distrust of
security officials.
On March 14, insurgents killed police Colonel Sompian Eksomya,
police commander in Bannang Sata, Yala, in an ambush. The insurgents
first disabled Sompian's vehicle with a bomb and then fired at the
vehicle, killing the colonel and his driver and injuring two other
police officers.
On June 6, Doro-mae Da-che, also known as Ustaz Mae, was shot and
killed in Bannang Sata. The media and NGOs speculated that the act was
in retaliation for the killing of Colonel Sompian.
There was no progress in the case of Laila Paaitae Daoh, a
prominent human rights activist in Yala killed by suspected insurgents
in March 2009.
On September 2, police dropped charges against former paramilitary
ranger Sutthirak Kongsuwan, stating there was insufficient evidence to
continue. Sutthirak, wanted on a warrant for the June 2009 attack at
the Al Furqon mosque in Narathiwat, turned himself in to authorities on
January 14. There was no progress in the case related to the alleged
getaway driver.
There were no developments in June 2009 shooting of two Buddhist
monks in Yala; one monk was killed and the other seriously wounded.
According to statistics from DeepSouthWatch, between January and
October separatist violence resulted in 831 individuals killed and
injured in 1,183 incidents. As in previous years, separatists
frequently targeted government representatives, including district and
municipal officials, as well as Buddhist and Muslim civilians.
Some government-backed civilian defense volunteers, most of them
ethnic Thai Buddhists from villages in the South, continued to receive
basic training and weapons from security forces. Human rights
organizations expressed concerns about vigilantism against ethnic Malay
Muslims by these defense volunteers and other civilians.

Physical Abuse, Punishment, and Torture.--The Government continued
to arrest suspected militants, some of them juveniles, and in some
cases held them for a month or more under provisions of the Emergency
Decree and martial law. Human rights organizations considered the
arrests arbitrary, excessive, and needlessly lengthy, and they
expressed concerns about detention facility overcrowding. Civil society
groups accused the army of torturing some suspected militants at
detention facilities.
The three southernmost provinces are covered by two security laws.
Martial law allows for detention without charge up to seven days
without court or government agency approval in Pattani, Narathiwat, and
Yala. The Emergency Decree, in effect in the same areas, allows
authorities to arrest and detain suspects for up to 30 days without
charge. After the expiration of this period, authorities can begin
holding suspects under normal criminal law. Unlike under martial law,
these detentions require the consent of a court of law, although human
rights NGOs complained that courts did not always exercise their right
to review these detentions. In some cases a suspect was held first
under martial law for seven days and then detained for an additional 30
days under the Emergency Decree. In December 2009 the ISA was imposed
in lieu of martial law and the Emergency Decree in the four districts
of Songkhla. The Southern Border Province Police Command stated that
447 persons were arrested in 2009 under the Emergency Decree, with 12
killed during arrest or in related skirmishes. It was unclear whether
any persons were detained under martial law alone.

Child Soldiers.--There were no reports of persons under the age of
18 conscripted or recruited into governmental armed forces. There were
reports that separatist groups recruited teenagers under the age of 18
to carry out attacks. Human rights organizations alleged that
separatists used private Islamic schools to indoctrinate ethnic Muslim
Malay children with a separatist agenda.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Other Conflict-Related Abuses.--Human rights organizations alleged
that the military mailed official letters to village headmen or local
district officers in the four southernmost provinces, inviting them to
nominate a specific number of ``voluntary villagers'' to attend a
workshop. Credible sources indicated that villagers who attended these
training sessions were subject to interrogations and collection of
biological data (fingerprints, DNA samples, and photographs).
The Ministry of Education reported that since 2004 insurgents had
burned more than 330 schools in the South, 40 of them more than once.
During the year insurgents burned six schools in Yala and Pattani; at
least three had been burned previously. The Government periodically
closed schools throughout the region in response to attacks against
teachers, students, educational facilities, and parents. The Government
frequently armed ethnic Thai Buddhist and ethnic Malay Muslim
civilians, fortified schools and temples, and provided military escorts
to monks and teachers. According to the ministry, 173 teachers,
students, and education staff had been killed and 284 others injured
due to separatist violence since 2004. During the year 10 students were
injured and two were killed; six school personnel were injured and 12
were killed.
Separatist violence included attacks on medical facilities.
According to the Ministry of Public Health, 81 public health volunteers
had been killed, 50 health volunteers injured, and 25 community health
centers burned or bombed in the South since 2004.
While official government statistics were not available, there were
reports that more than 30 percent of ethnic Thai Buddhists had fled
violence-affected areas to other provinces.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and law
specifically provide for freedom of speech and of the press with some
exceptions, although the Government limited these rights during the
year.
Freedom of speech and of the press occasionally were curtailed by
government interference and the use of provisions authorized under the
Emergency Decree. Attempts by the Government to hamper freedom of
expression on the Internet increased. Television and radio broadcasters
also were monitored closely, and the Government exerted pressure on
broadcast media to cooperate in disseminating constructive and
``balanced'' news, especially after the April 7 invocation of the
decree in response to the onset of civil unrest. Nevertheless, the
media and civil society vocally criticized government authorities
throughout the year. Print, broadcast, and online media covered news
critical of the Government and senior-level officials and carried
interviews with opposition figures.
The international and independent media were allowed to operate
freely, except in coverage of matters deemed a threat to national
security or offensive to the monarchy.
By law the Government may restrict freedom of speech and of the
press to preserve national security, maintain public order, preserve
the rights of others, protect public morals, and prevent insults to
Buddhism. The law allows police under a court order to restrict or
confiscate publications and other materials for disturbing the peace,
interfering with public safety, or offending public morals.
By invoking the Emergency Decree, the Government can restrict print
and broadcast media, online news, and social media networks. The decree
empowers the Government ``to prohibit publication and distribution of
news and information that may cause the people to panic or with an
intention to distort information.'' It also authorizes the Government
to censor news considered a threat to national security. These powers
were employed beginning in April and continued through the end of the
year.
Lese majeste provisions in the criminal code make it a criminal
offense punishable by up to 15 years' imprisonment to criticize the
king, queen, royal heir apparent, or regent. The provisions allow
private citizens to initiate lese majeste complaints against each
other, and there were several cases in which private citizens did so.
During a December 2009 speech, Prime Minister Abhisit announced the
establishment of a committee to advise the police, DSI, and Ministry of
Information and Communication Technology (MICT) on the careful,
appropriate, and fair conduct of lese majeste cases. The committee,
chaired by Permanent Secretary to the Ministry of Justice Kittipong
Kittayarak, held its first meeting on January 12.
On October 20, prosecutors indicted Surachai Danwattananusorn,
leader of the antigovernment Red Siam Group, on lese majeste charges
relating to a speech he made at a rally in 2008. He remained free on
bail awaiting a trial date at year's end.
On November 2, the Metropolitan Police announced that arrest
warrants had been issued for two unnamed women shown in a photograph
holding placards with lese majeste content during a red-shirt rally
near Democracy Monument on October 10. By year's end the two women had
not been arrested.
On November 24, former UDD leader Worawut Tanungkorn (Suchart
Narkbangsai) was sentenced to three years in prison for comments made
during a speech at a red-shirt rally at Sanam Luang in 2008 deemed to
be in violation of lese majeste. Worawut was arrested on November 1
after evading arrest for more than two years.
The appeal of political activist Daranee Charnchoengsilpakul,
sentenced in August 2009 to 18 years in prison on three counts of lese
majeste, was pending at year's end. On August 3, the appeals court
denied a request for bail.
The 2008 case against social activists Chotisak Ongsoong and
Songkran Pongbunjan, who were charged with lese majeste for not
standing for the royal anthem in a movie theater in 2007, remained
pending at year's end.
The 2008 lese majeste case against social critic Sulak Sivaraksa
remained pending at year's end.
Two separate lese majeste cases filed in 2008 against journalist
Jonathan Head, former BBC Bangkok bureau chief, remained pending at the
end of the year. The charges originated from remarks Head made in 2007
at panel events at the Foreign Correspondents' Club of Thailand (FCCT),
as well as a claim that his reporting over a two-year period ``damaged
and insulted the reputation of the monarchy.''
There was no government ownership or control of print media.
Political figures, prominent families, and large media conglomerates
owned large stakes in many leading newspapers.
Government entities owned and controlled all radio and broadcast
television stations, including the 524 officially registered
``regular'' AM and FM stations. The armed forces and police owned
another 244 radio stations, ostensibly for national security purposes.
Other owners of national broadcast media included the Government's
Public Relations Department and the Mass Communication Organization of
Thailand, a former state enterprise of which the Government owned a
majority share. Nearly all stations were leased to commercial
companies.
The 2008 Broadcasting Act governs the regulation of radio and
television frequencies. The act provides for three categories of
broadcast licenses: public service, community service, and commercial.
On December 20, the Frequency Allocation Bill, which establishes a
National Broadcasting and Telecommunications Commission to allocate
broadcast frequencies and regulate broadcast media, received royal
approval and was signed into law; by law the commission must be formed
within 180 days.
Radio stations must renew their licenses every seven years. Radio
signals are broadcast via government transmitters. Stations are
required by law to broadcast 30-minute, government-produced newscasts
twice daily. Under new regulations governing community radio operations
that took effect in July 2009, community radio operators were granted a
30-day period to register for temporary 300-day trial operating
licenses with the National Telecommunications Commission. According to
the Government, by year's end more than 7,000 community radio operators
had registered. The Government warned community radio operators who
failed to register that they would be considered illegal if they
continued to operate and could be charged with unlicensed use of
transmitters and radio frequencies. At year's end there were few
reports of government action against unlicensed operators, estimated to
be numerous.
According to the Thai Journalists Association, the Government did
not interfere with the freedom of mainstream print newsrooms during the
political unrest. However, authorities shut two UDD-sponsored magazines
in May during the political unrest, ThaiRed News and Voice of Thaksin,
claiming they were a threat to national security. On June 24, in
response to the forced closings, a group of UDD members launched
another UDD-leaning news magazine called Red Power. Under the auspices
of the Emergency Decree, authorities closed its printing facility in
September; however, by November Red Power was back on the newsstands,
reportedly being printed in a neighboring country.
On April 7, Deputy Prime Minister Suthep Thaugsuban, citing a
threat to national security, ordered the closure of the People's
Channel (PTV), the satellite television station operated by the UDD.
Suthep alleged that PTV was spreading distorted information about the
Government's handling of the red-shirt protests; the Government
subsequently distributed clips of PTV broadcasts of protest leaders
calling for widespread arson. In addition PTV's related Web sites were
blocked.
On April 13, acting under the authority of the Emergency Decree,
the Government ordered satellite operator Thaicom to terminate the
signal of D-station, the satellite television outlet operated by the
UDD. Days later police raided D-station operations in Bangkok and
seized broadcasting equipment. D-station resumed broadcasting in May.
According to the National Telecommunications Commission, by year's
end at least 25 community radio stations had been shut after the
Government invoked the Emergency Decree in April. In Chiang Mai
Province, police searched a community radio station known to support
the UDD and seized its transmission equipment; the station resumed
broadcasting politically related content in September. Provincial ISOC
branches also asked community radio stations to not incite unrest and
warned that they would be closed if they failed to comply. In Udon
Thani Province, police raided a pro-UDD community radio station and
seized its transmission equipment; the director was charged with
operating radio equipment without a license and released on bail. Some
pro-UDD radio stations later resumed operations, but most if not all
reportedly were self-censoring political content. One radio station
manager reported that many stations did not have the money to reopen,
particularly after their broadcasting equipment was confiscated by
government officials and never returned.
On April 16, Taxi Radio FM 106.8, a station affiliated with the
red-shirt movement in Bangkok, shut the station after the Government
reportedly succeeded in jamming the frequency. The station later
resumed broadcasting with only sports news and entertainment content;
the former station manager reportedly was in hiding.
On June 16, the censorship board banned a television commercial
entitled ``Thailand, We Apologize,'' citing its potential to cause
unrest. The commercial featured scenes of riots and arson as well as
clashes between protesters and security forces in Bangkok.
There were reports that journalists were subject to harassment,
intimidation, and violence due to their reporting, particularly during
the period of political unrest in March through May. The deaths of two
foreign journalists killed while covering the antigovernment protests
in Bangkok in April and May remained under investigation.
On July 27, journalist Kongpop Sawasdi, a reporter for the Thai
Rath newspaper in Nakhon Pathom Province who also owned the local
newspaper Pathom Post, was shot and killed at a local restaurant. The
journalist had previously written a series of articles investigating a
corruption case involving a local politician. On August 17, police
announced that seven suspects had been arrested. The case continued at
year's end.
The case of Samraeng Khamsanit, a reporter whose car was set on
fire in 2008, as well as the shooting cases of Matichon reporters
Surayud Yongchaiyudh and Atiwat Chainurat in 2008, remained under
investigation. All three victims were believed to have been targeted
for their politically sensitive reporting.
Print media criticism of political parties, public figures, and the
Government was common. Journalists generally were free to comment on
government activities and institutions without fear of official
reprisal; however, they occasionally practiced self-censorship,
particularly with regard to the monarchy and national security.
Broadcast media was subject to government censorship both directly and
indirectly, and self-censorship was evident. Nevertheless, broadcast
media reported criticism of the Government.
Defamation is a criminal offense, punishable by a fine of up to
200,000 baht (approximately $6,250) and two years' imprisonment.
Criminal courts made several rulings on defamation and libel cases
against media figures, political activists, and politicians.
People's Alliance for Democracy leader Sondhi Limthongkul, found
guilty in September 2009 of defamation for statements made against a
former deputy prime minister during a weekly show presented on ASTV in
2007, continued to appeal his case. Sondhi was sentenced to two years
in prison without probation and was released on bail.
On September 2, a criminal court found Sondhi Limthongkul and ASTV
program host Sarocha Pornudomsak guilty of defaming former prime
minister Thaksin Shinawatra. The charges stemmed from remarks made by
Sondhi about Thaksin while visiting supporters in the United States in
2007; the remarks were subsequently broadcast on ASTV. The pair were
sentenced to two years in prison, subsequently reduced to six months'
probation, and fined 20,000 baht ($625).
Two issues of The Economist magazine had distribution disrupted due
to the sensitive nature of their content. The March 20 issue, which
included an article about the monarchy entitled ``As the Father Fades,
His Children Fight,'' was not made available to subscribers, due to
concerns about the sensitivity of its content and the potential risk
placed on distributors. The May 22 issue, which included articles
entitled ``The Battle of Bangkok'' and ``A Polity Imploding,'' was
shared with distributors; however, the newsstand distributor decided
not to place the issue on newsstands. The May 22 issue was distributed
to subscribers.
Local television stations came under heavy criticism from UDD
members for what they claimed was one-sided coverage of events, and UDD
protesters reportedly attacked local television crews during
demonstrations in Bangkok.
During antigovernment protests on March 27 and April 4, and again
on August 31, state-run NBT Channel 11 was attacked with grenades. The
attacks remained under investigation.
On May 19, in the aftermath of the Government's move to disperse
the protesters from the Bangkok city center, a group of persons
believed to be affiliated with the red-shirt protest movement set fire
to the building that housed the Channel 3 television station, causing
severe damage.

Internet Freedom.--The Government imposed some restrictions on
access to the Internet and reportedly monitored Internet chat rooms.
Individuals and groups generally could engage in the peaceful
expression of views via the Internet, including by e-mail; however,
there were limitations. Internet access was available and used by
citizens in urban and rural areas, with an estimated penetration of 31
percent.
The 2007 Computer Crime Act (CCA), which created new computer crime
offenses, establishes procedures for the search and seizure of
computers and computer data in certain criminal investigations, and it
gives the MICT authority to request and enforce the suspension of
information disseminated via computer. Under the act a court order is
required to ban a Web site; however, this was not always applied in
practice. A maximum five-year prison sentence and a 100,000 baht
($3,125) fine can be imposed for posting false content on the Internet
that undermines public security, causes public panic, or hurts others.
A maximum 20-year sentence and 300,000 baht ($9,375) fine can be
imposed if an offense results in the death of an individual. It also
obliges Internet service providers to preserve all user records for 90
days, in the event that officials wish to access them. In addition any
service provider who gives consent to or intentionally supports the
publishing of illegal content is also liable. Most prosecutions under
the CCA were for content-related offenses. Media activists criticized
the law, stating that the offenses were defined too broadly and some
penalties were too harsh.
Additionally, the Government used provisions of the Emergency
Decree to block thousands of Web sites and specific URLs. Unlike the
CCA, under the decree authorities are not required to obtain a court
order when blocking a Web site or a specific URL. Web site operators
whose sites are blocked under the decree are given no warning, and
there is no appeals process. Despite the lifting of the decree on
December 22, Web sites blocked under such provisions remained
inaccessible at year's end.
There was a significant increase in Internet censorship, and the
CCA and the Emergency Decree were used to stifle freedom of expression.
The Government closely monitored and blocked thousands of Web sites
that expressed antigovernment sentiment and those that were deemed
critical of the monarchy. Many political Web boards and discussion
forums chose to self-censor and closely monitored discussions to avoid
being blocked. In addition many newspapers disabled or restricted
access to their public comments sections to minimize exposure to
possible lese majeste charges.
According to a report from i-Law, the Government used the CCA to
block almost 44,000 specific URLs, approximately 88 percent of which
were for lese majeste-related content. The research also revealed that
the courts took relatively little time to review a URL before granting
the order to block access, often granting the order to block on the
same day that MICT made the request. The number of URLs blocked on each
court order varied but typically numbered in the hundreds.
On April 1, Thanthawut Thaweewarodomkul, also known by his online
name Red Eagle, was arrested in Bangkok and charged with lese majeste
under provisions of the CCA. Thanthawut, who denied all charges, was
the alleged Web master of a UDD Web site. He was awaiting trial at
year's end.
On April 8, the Government, under the authority of the Emergency
Decree, issued an order to close 36 Web sites that were accused of
being a threat to national security. Although most of the blocked sites
were pro-UDD Internet forums and blogs, Prachatai.com, a politically
neutral Web site known to be critical of the Government, was also on
the list. Also under the decree, the Government blocked access to
numerous UDD-affiliated Facebook and Twitter accounts; the majority of
these Web sites remained inaccessible at year's end. Additionally, a
number of Web sites chose to self-censor, voluntarily discontinuing
their services by shutting their Web sites or changing their content.
On April 9, the MICT announced that it had restricted access to
10,000 URLs and other online content deemed inappropriate or a threat
to national security. The MICT also announced that it would begin
focusing its attention on content posted on social networking sites
such as Hi5, Facebook, and Twitter.
On April 30, authorities arrested Wipas Raksakulthai in Rayong
Province for posting an alleged lese majeste comment on his Facebook
page, the first known social networking-related arrest under the CCA.
His case was pending at year's end.
On September 13, the DSI announced via its Web site that an arrest
warrant, dated May 24, had been issued for Thanapol Bamrungsri for
comments posted on his Facebook page deemed in violation of lese
majeste laws. At year's end no arrest had been made.
On September 24, Prachatai.com executive director Chiranuch
Premchaiporn was arrested at Suvarnabhumi International Airport on lese
majeste charges related to comments posted on her Web site by a user in
2008. She was transported to Khon Kaen Province and was granted bail
early on September 25. Her case was pending at the end of the year.
Chiranuch was also arrested in March 2009 and charged with violating
article 15 of the CCA for allowing material on her Web board considered
offensive to the monarchy; her trial in this earlier case was scheduled
for February 2011.
Squadron Leader Chanin Khlaikhlung, of the Royal Thai Air Force,
surrendered to police on November 17 after his supervisor filed a lese
majeste complaint against him for comments about the monarchy posted on
his Facebook page. His case remained pending at year's end.
Suwicha Thakhor received a royal pardon and was released from
prison on June 28, after serving part of his 10-year sentence following
a lese majeste conviction under CCA provisions in April 2009.
Thiranan Vipuchanan, Katha Pajajiriyapong, Somchet Ittiworakul, and
Thassaporn Rattawongsa, arrested in November 2009 for allegedly
spreading false information on the Internet about the king's medical
condition and thus endangering national security, remained free on bail
while awaiting the results of a police investigation.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom.
Cultural events may be censored, usually for reasons of public
decency. Under the 2008 Film Act, the state is authorized to ban the
release of movies that ``offend the monarchy, threaten national
security, hamper national unity, insult faiths, disrespect honorable
figures, challenge morals, or contain explicit sex scenes.'' Section 25
of the act stipulates that all films to be screened, rented, exchanged,
or sold in the country must be screened and approved by the Film and
Video Classification Committee. The film Insects in the Backyard, which
tells the story of a transgendered single father and features scenes
with child prostitutes and homosexual sex, was banned by the Culture
Ministry's National Film Board for immorality and scenes considered
pornographic. Additionally, theater owners and broadcasters frequently
censored films before submitting them to the board. As part of the 2008
act, a seven-tiered rating system was introduced in August 2009. Movie
theaters also had to apply for operation licenses by September 2009 or
pay up to one million baht ($31,250) in fines. There were no reports
that fines were levied or any other restrictions acted upon during the
year.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly, and the
Government generally respected this right with some exceptions. Martial
law, which gives the military authority to restrict freedom of
assembly, was in effect in 31 provinces. The Emergency Decree, which
covered as many as 27 provinces during the year, also gives the
Government the authority to limit freedom of assembly.
The provinces of Surat Thani, Phuket, and Phang Nga have provisions
that prohibit migrant workers--specifically those from Cambodia, Burma,
and Laos--from forming gatherings, among other restrictions, while
Samut Sakhon Province prohibits gatherings of more than five persons.
The provisions were not strictly enforced. Employers and NGOs could
request permission from authorities for migrant workers to hold
cultural gatherings and were often not required to do so if the
gatherings were on private property.
Throughout the year the UDD network staged protests in Bangkok and
other areas of the country. Demonstrations in Bangkok drew as many as
100,000 persons in March. The protests began on March 12 as UDD
supporters began to converge on Bangkok. On March 16, protesters
collected their own blood and began splashing it on the offices of the
prime minister and the ruling party headquarters. On April 3, the
demonstrators began occupying the Ratchaprasong intersection, located
at the heart of Bangkok's commercial district. On April 7, thousands of
protesters stormed parliament, seizing weapons from bodyguards and
forcing legislators to flee. In response the Government invoked the
Emergency Decree, restricting all political gatherings of more than
five persons. The restriction was not enforced until May 19.
On April 10, violent clashes occurred between UDD protesters and
government security forces on Ratchadamnoen Road near Phan Fah Bridge;
live ammunition and military-grade weaponry was used by both sides,
according to eyewitness reports and the media. By the following
morning, 25 persons had been killed, including 10 protesters, nine
civilians, one foreign journalist, and five members of the security
forces. The circumstances surrounding the deaths were under
investigation at year's end.
On April 21, UDD protesters clashed with progovernment protesters
near Silom Road, using bottles, slingshots, and fireworks, causing
several injuries. On April 22, a series of M-79 grenade attacks on a
mass transit station in Bangkok killed one person and injured more than
50. On April 28, one soldier was killed and 19 persons were wounded as
protesters and security forces clashed near Don Muang Airport. The
soldier's death was initially reported in the media as a case of
``friendly fire''; however, it remained under investigation. On April
29-30, hundreds of UDD protesters forced their way into Chulalongkorn
Hospital, searching for soldiers who they believed were stationed
there, causing the hospital to close and transfer patients to other
hospitals.
On May 13, two protesters were killed, including Major-General
Khattiya Sawasdipol, the self-described military adviser to the UDD,
who was shot in the head by a sniper while giving a media interview. On
May 14, protesters clashed with police and army units as they began
surrounding the protesters' main camp. Small-scale clashes between
armed protesters and security forces continued outside the perimeter of
the protest encampment, with dozens of deaths and hundreds of injuries
reported. On May 19, security forces dispersed the protesters, with
casualties reported on both sides, along with a foreign journalist.
At year's end government and independent fact-finding commissions
were investigating the April and May clashes between security forces
and antigovernment protesters.

Freedom of Association.--The constitution specifically provides for
freedom of association, although exceptions are made ``to protect
public interests, to maintain public peace and order or good morals, or
to prevent economic monopoly.''
The law prohibits the registration of parties with the same name or
emblem as that of a dissolved political party. Legal experts maintained
that the law was designed to inhibit the reregistration of the Thai Rak
Thai political party, which the Constitutional Court dissolved in 2007.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation. The Government generally respected these rights in
practice, with some exceptions for ``maintaining the security of the
state, public peace and order or public welfare, town and country
planning, or youth welfare.'' The Government generally cooperated with
humanitarian organizations in providing protection and assistance to
internally displaced persons, refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern, although with
restrictions.
Members of hill tribe minorities who were not citizens were issued
identity cards that restricted their freedom of movement. Holders of
such cards were prohibited from traveling outside their home district
without prior permission from the district head and needed permission
from the provincial governor to travel outside their home province.
Offenders were subject to fines and jail terms. Persons without a card
could not travel at all. Human rights organizations reported that
police at inland checkpoints often asked for bribes in exchange for
allowing stateless persons to move from one district to another.
Refugees residing in the nine camps on the border with Burma were
not granted freedom of movement and were legally confined to refugee
camps. If caught outside one of the official camps, a refugee is
subject to fines, detention, deregistration, and deportation.
Other long-time noncitizen residents, including thousands of ethnic
Shan and other nonhill tribe minorities, were required to seek
permission from local authorities or the army for foreign and domestic
travel.
The law prohibits forced exile, and the Government did not practice
it.

Protection of Refugees.--The country is not a signatory to the 1951
Convention relating to the Status of Refugees or its 1967 protocol, and
the law does not provide for the granting of asylum or refugee status.
Nevertheless, authorities continued the country's longstanding practice
of hosting significant numbers of refugees. In practice the Government
provided some protection against the expulsion or return of refugees to
countries where their lives or freedom would be threatened on account
of their race, religion, nationality, membership in a particular social
group, or political opinion.
Asylum seekers and non-Burmese refugees who reside outside the
official refugee camps are considered illegal migrants by law. If
captured, they are detained at IDCs in Bangkok and other provinces.
Conditions in many IDCs were poor, often stemming from overcrowding and
poor ventilation. Some refugees and asylum seekers held at IDCs
suffered from physical and mental health problems. Refugees are unable
to work legally in the country. Burmese refugees in the official camps
are formally prohibited from working or earning a livelihood outside
the camps.
The Government allowed undocumented migrant workers from three
neighboring countries to work legally in certain sectors of the economy
if they registered with authorities and began a process to document
their status (see section 7.e.).
Provincial Admissions Boards (PABs), the Government's screening
process for Burmese asylum seekers, were reactivated in 2009 on a pilot
basis in four refugee camps following a four-year hiatus. At year's end
the results of the pilot screening were under review by the Government,
and the planned expansion of the screening process to the remaining
five camps during the year had not occurred. While the Government
generally cooperated with humanitarian organizations in assisting
refugees in official camps, cooperation with the UNHCR to protect
certain groups remained uneven. The UNHCR was formally forbidden to
conduct refugee status determinations or provide its protection mandate
to Lao Hmong, North Koreans, and Burmese (including Rohingya) outside
the official camps. The UNHCR continued to have access to asylum
seekers in the main IDC in Bangkok to conduct status interviews and
monitor new arrivals. Several resettlement countries were allowed to
conduct processing activities, and NGOs were able to provide health
care, nutritional support, and other assistance there as well.
The Government continued to allow the UNHCR to monitor the
protection situation of more than 144,000 Burmese refugees and asylum
seekers living in nine camps along the Burmese border but prohibited
the UNHCR from having an assistance role in the camps. NGOs provided
basic humanitarian assistance in the camps. Government authorities
issued identification cards to registered refugees living in the camps.
The Government allowed NGOs to provide food, education, shelter, water,
sanitation, housing, and other services to Burmese in the camps. An
estimated 45,000 Burmese were not registered due to the defunct status
of the PABs. Government officials did not distinguish between asylum-
seeking Burmese and other undocumented Burmese migrants outside the
designated camps, regarding all as illegal migrants. Generally, those
arrested were taken to the border and deported.
The Government continued to facilitate third-country resettlement
of camp refugees, and during the year 11,107 Burmese were resettled
from camps to other countries.
The Government convened a special ``fast track'' PAB screening
process for certain persons affected by the 2007 repression of
prodemocracy protesters in Burma. By the end of 2007, the special PAB
had approved 98 persons for refugee status and allowed their third-
country resettlement. During the year special ``fast track'' PAB
screenings were initiated for two humanitarian cases. The PAB approved
11 persons, permitting them to seek third-country resettlement.
Many Burmese asylum seekers--mostly those seeking refuge from
border skirmishes--were returned to Burma by army border units before
they could reach the established refugee camps. During the year
thousands of asylum seekers entered the country and the refugee camps.
In July officials confirmed that 922 ethnic Karen had crossed into Tak
Province seeking asylum in anticipation of fighting between Democratic
Karen Buddhist Army factions after a breakdown in negotiations with the
Burmese government. After two days the army facilitated their return to
Burma with the promise that the asylum seekers could return if fighting
erupted.
From November 7 until the end of the year, approximately 30,000
ethnic Karen and other Burmese entered the country at Mae Sot, Phop
Pra, and Three Pagodas Pass to flee fighting between the Democratic
Karen Buddhist Army, often aligned with other ethnic armies, and the
Burmese army. In the months prior to the Burmese elections, the UNHCR
and NGOs working in and around the official camps had conducted
contingency planning at the request of the RTA. While fighting was
underway, fleeing populations generally were permitted to remain in the
country at designated sites outside the official camps. The UNHCR,
NGOs, and community-based organizations were able to provide food,
water, shelter, health, and sanitation services to most populations.
When the fighting ceased, the Thai army facilitated the return of the
displaced Burmese to Burma with the promise that they could cross again
if fighting resumed. Some small groups of refugees remained in
Thailand, waiting for conditions to improve before returning to Burma.
Some NGOs reported both coerced and forced returns by the Thai army.
The UNHCR confirmed that forced returns occurred at Wah Lay on December
25.
In late 2008 and early 2009, 79 Rohingya and Bangladeshi migrants
who arrived by sea were caught and detained in an IDC. In July 2009 two
died of illness while in detention. On February 28, 28 Bangladeshi
migrants from this group were repatriated, and one Rohingya was
deported to Burma. During the year one person died of illness in
detention and one was released. At year's end 46 members of the group
remained in indefinite detention at Suan Phlu IDC. NGO groups had
regular access to the detained Rohingya.
The Immigration Police conducted sweeps in Bangkok and the southern
region of the country from October to December, arresting and detaining
208 Sri Lankan Tamils, including women and children. Of this group, 195
were UNHCR-designated persons of concern. At least 119 remained in
detention at year's end. In December the Immigration Police conducted
similar operations in Bangkok in a Pakistani Ahmadi community and
detained 84 persons, including 54 women and children; all were refugees
or asylum seekers.

Stateless Persons.--A significant number of stateless persons, many
of whom are known as highlanders or members of hill tribes, resided in
the country, concentrated in the northern region. Others migrated from
Burma but are not ethnic Burmese and do not have Burmese citizenship.
Still others fall into neither category. According to the 2009 UNHCR
statistics of stateless persons in the world, there were approximately
3.5 million stateless persons in the country. This total included
approximately one million members of hill tribes and displaced persons
holding various registration cards issued by government agencies; one
million registered illegal migrant workers from Burma, Laos, and
Cambodia; 148,000 refugees from Burma residing in camps along the Thai-
Burma border; and 1.5 million to two million unregistered illegal
migrant workers.
Citizenship is not automatically conferred by birth within the
country. By law citizenship is based either on birth to one or both
Thai parents, marriage to a Thai man, or naturalization. It can also be
acquired by means of special government-designated criteria implemented
by the MOI with approval from the cabinet. Finally, it can be granted
as a result of the 2008 nationality law (see also section 6, Children).
Progress was made in removing some of the significant obstacles to
establishing citizenship--specifically, the requirements for certain
documentary evidence and witnesses. The labyrinth of citizenship-
related laws and regulations and the existence of substantial gray
areas within and among them continued to lead to their uneven
application as well as extortion by corrupt local officials.
The 2008 nationality law provides citizenship eligibility to
certain categories of previously ineligible highlanders, streamlining
citizenship registration and easing evidentiary requirements. A
subcommittee of the National Security Council approved granting of
permanent residency permits and naturalization for approximately
200,000 registered stateless persons residing in the country for 20 to
30 years. An additional 500,000 unregistered stateless persons were
pending consideration by the same subcommittee.
The 2008 Civil Registration Act stipulates that every child born in
the country will receive an official birth certificate, regardless of
the parents' legal status. Some stateless persons born in the country
who may have been able to prove citizenship eligibility often waived
that right to classify themselves as ``migrants,'' thereby gaining
access to public health care and certain jobs unavailable to stateless
persons. In doing so these individuals lost any claim for citizenship
eligibility that they previously held. The nationality law allows these
individuals to reclaim their eligibility provided they relinquish
migrant worker status and take certain steps, such as surrendering work
permits.
Previously, implementation of the Civil Registration Act was not
uniform, often depending on local authorities' knowledge, ability, and
willingness to follow the law; however, the Government, with support
from the UNHCR, UN Children's Fund (UNICEF), and UN Educational,
Scientific, and Cultural Organization (UNESCO), launched a nationwide
campaign for universal birth registration for refugee children in
camps. Ministerial regulations and guidelines were issued to address
gaps in knowledge and understanding to implement this policy
effectively. Additionally, the Government approved the withdrawal of
the country's reservation on article 7 of the Convention on the Rights
of the Child regarding birth registration and nationality.
The 2005 national strategy permits individuals who lack legal
status and entered the country before January 1995 to remain in the
country temporarily and apply for legal status, including citizenship.
However, at year's end some implementing regulations remained under
development.
Stateless highland women encountered more barriers to citizenship
than did men. Tribal customs and traditions subjected women to a social
status that limited their access to postprimary education and political
opportunities that would have contributed to knowledge of the
citizenship process. Many stateless highland women had few economic
opportunities outside the home and therefore could not afford the
bribes sometimes demanded for processing citizenship applications.
Highlanders claimed to have paid district officials 3,000 to 49,000
baht ($94 to $1,530), although there is no official processing cost for
citizenship. NGOs reported that some local officials pressed women into
offering sexual favors in exchange for accelerating their citizenship
registration.
Many stateless highlanders lived in poverty. As noncitizens they
could not vote, own land, or travel outside their home district or
province without prior permission. Stateless persons also had
difficulty accessing credit and government services, such as health
care. The law also prohibits stateless persons from participating in
certain occupations reserved for citizens, most notably farming;
however, in practice officials permitted noncitizen highlanders to
undertake subsistence agriculture. Without legal status, stateless
persons were also subject to arrest, deportation, extortion, and other
forms of abuse. UNESCO officials asserted that lack of legal status was
the single greatest risk factor for trafficking or other exploitation
of highlanders, such as by being forced into the drug trade or other
sectors of the underground economy, as a result of being precluded from
many legitimate economic opportunities.
Any stateless person wishing to travel outside the country must
have an exit permit. The Ministry of Foreign Affairs issued exit
permits to stateless persons to study abroad. Other long-time
noncitizen residents, including thousands of ethnic Shan and other
nonhill tribe minorities, were required to seek permission from local
authorities or the army for foreign and domestic travel.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully through periodic, free, and fair elections based
on universal, compulsory suffrage. The constitution provides for the
election of all members of the 480-seat House of Representatives and 76
members of the 150-seat Senate. It also provides for the appointment of
74 additional Senate members by members of the judiciary and other
regulatory bodies.

Elections and Political Participation.--The 2007 national election
for the House of Representatives generally was considered free and
fair; however, there were allegations of widespread vote buying, minor
procedural irregularities, and scattered but unconfirmed reports of
intimidation by local military and government officials. International
observers stated that the martial law in effect in parts of the country
during the election was inconsistent with international norms.
During the year five by-elections were held. The Election
Commission of Thailand (ECT) reported 62 complaints of election fraud
related to campaign promises or vote buying. There were no reports of
election-related violence during the year.
In the parliament all 150 allotted seats for senators were filled.
Of the 480 allotted seats for the House of Representatives, five were
not filled due to party dissolutions. In September 2009 the ECT
disqualified 16 representatives for unconstitutional stock holdings
that created conflicts of interest and sent their cases to the
Constitutional Court for a final ruling. On November 3, the
Constitutional Court upheld the disqualification of six of the 16
representatives. December 12 by-elections filled the seats vacated by
the court ruling.
Political parties could operate without restriction or outside
interference. During the year the ECT dissolved nine parties for
inability to maintain compliance with the election law, and six parties
requested to be dissolved.
There were 85 women in the 630-seat bicameral parliament. Women
chaired six of the Senate's 22 standing committees but none in the
lower house. Women held three of the 36 cabinet positions. The
constitution encourages political parties to consider a ``close
proximity of equal numbers'' of both genders. Women have the right to
vote and run for positions, but there were relatively few elected
female officials.
Few members of ethnic minorities held positions of authority in
national politics. Muslims from the South held significant elected
positions, although they continued to be underrepresented in appointed
local and provincial government positions. There were 30 Muslim and
seven Christian members of parliament.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, government implementation of the law was weak, and officials
sometimes engaged in corrupt practices with impunity.
Corruption remained widespread among members of the police force.
There were numerous incidents of police charged with sexual harassment,
theft, and malfeasance. There were reports that police tortured, beat,
and otherwise abused detainees and prisoners, generally with impunity.
Police officers were arrested for drug trafficking, were reportedly
involved with intellectual property rights violations, and were
convicted on extortion charges.
On February 26, the Supreme Court of Justice's Criminal Division
for Persons Holding Political Positions (SCCDP) issued its verdict in
the 76 billion baht ($2.38 billion) asset confiscation case against
former prime minister Thaksin Shinawatra, ordering 46 billion baht
($1.44 billion) to be confiscated on abuse of power grounds. Thaksin
appealed the verdict on March 26. On August 11, the court ruled in
favor of the prosecution, closing the case. A July 2009 warrant for the
arrest of Thaksin continued in force, and the SCCDP case against him
regarding the Export-Import Bank of Thailand's loan to Burma of four
billion baht ($125 million) remained suspended. Thaksin continued to
reside outside the country.
On December 21, Vice-Minister of Commerce Veerasak Jinarat was
dismissed from his position by order of the prime minister in response
to a report from the NCCC implicating him in financial improprieties
with a rice sale scheme. The NCCC was investigating the case at year's
end.
On December 29, a criminal court sentenced Wassana Permlarp, former
chairman of the Election Commission, and two other former election
commissioners to two years in prison for malfeasance in office for
exploiting their positions on the commission to increase their salaries
in 2004.
The OAG decided not to pursue charges against one of two former
senior Anti-Money Laundering Office (AMLO) administrators found guilty
in May 2009 by the NCCC of abuse of power while they held their
positions in 2001-02. At year's end the OAG was considering whether to
pursue charges against the other official, former AMLO secretary
general Phiraphan Premphuti.
The case against Wisit Tantisunthorn, former secretary general of
the Civil Servants' Pension Fund Board and found guilty in 2009 of
insider trading, was forwarded to the NCCC for further action and
remained pending at year's end.
Thaksin's wife, her brother, and her secretary were sentenced in
2008 to prison terms ranging from two to three years for tax evasion.
They were released on bail and appealed their sentence in 2008; the
appeal continued to be examined at year's end.
The NCCC and OAG continued to investigate allegations of corruption
committed by the Thaksin government. The findings by the NCCC and OAG
triggered multiple cases at the SCCDP. The NCCC brought several other
cases to court and reported that there were 6,407 cases pending
investigation in June. In the year prior to June, 2,779 cases were
received, of which 1,104 were completed; 154 of those cases required
further action, including disciplinary actions, impeachments, and
referrals to the courts, the OAG, or a joint NCCC-OAG committee.
In August the OAG decided not to indict three of seven prominent
former government ministers and other high-ranking officials on charges
of malfeasance related to a 2007 purchase of fire trucks. The OAG cited
insufficient evidence for their decision. The NCCC stated it would
pursue cases against the seven accused without going through the OAG.
All seven cases were pending at year's end.
In addition to the NCCC and OAG, other entities playing a role in
combating corruption included the Anti-Money Laundering Office, Supreme
Court, Ombudsman's Office, Administrative Court, and MOJ.
Public officials were subject to financial disclosure laws.
The constitution provides access to public information, and there
were no reports that government agencies denied citizens' requests for
information. If a government agency denies a request, a petition may be
made to the Official Information Commission, and petitioners may appeal
the commission's preliminary ruling to an appellate panel. According to
the commission, the vast majority of petitions were approved. There
were 453 petitions received and 251 appeals during the year. Requests
for public information may be denied for reasons of national security
and public safety.
On August 12, a foreign court sentenced film producers Gerald and
Patricia Green to six months in prison for paying a Thai tourism
official $1.8 million in bribes to secure the rights to manage the
Bangkok International Film Festival. At year's end no charges had been
filed against the official who allegedly received the bribe, although
the NCCC was examining the case.
The November 2009 and 2008 reports of the UN Group of Experts
(UNGOE) on the Democratic Republic of the Congo (DRC) presented
information indicating that Thailand Smelting and Refining Company,
Ltd. (Thaisarco), which was based in Thailand and owned by Amalgamated
Metals Corporation (AMC), a United Kingdom-based company, purchased
minerals from suppliers who sourced their minerals from mines in
eastern DRC controlled by the Democratic Liberation Forces of Rwanda,
whose leaders continued to include architects of the 1994 Rwandan
genocide and which has committed numerous, serious human rights abuses
in eastern DRC and Rwanda. In addition, according to the UNGOE Report
of November 2009, Thaisarco purchased minerals from DRC-based
companies, including World Mining Company (WMC). The UNGOE obtained
documents showing that WMC received shipments of cassiterite from a
mining zone where production was controlled by DRC Armed Forces
soldiers under the command of Lieutenant Colonel Innocent Zimurinda.
During the year the UN Security Council sanctioned Zimurinda for having
unlawfully used and recruited child soldiers.AMC announced in September
2009 that it had ceased purchasing minerals from the DRC.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights
organizations generally operated without government restriction,
investigating and publishing their findings on human rights cases.
However, NGOs that dealt with sensitive political matters, such as
opposition to government-sponsored development projects or border
matters, faced periodic harassment. Human rights workers focusing on
violence in the southern provinces were particularly vulnerable to
harassment and intimidation by government agents and militant groups.
Very few NGOs were accorded tax-exempt status, which sometimes hampered
the ability of domestic human rights organizations to secure adequate
funding.
At year's end police had not identified any suspects in the April
2009 shooting of Phetchaburi environmentalist and community leader
Phongthep Hongthong. Police report that the case was suspended until a
suspect could be identified.
In April the person arrested for the July 2009 shooting of
environmentalist and community leader Kittinarong Koetrot in
Phetchaburi Province was sentenced to 34 years and four months in
prison.
Security remained a concern for several groups who were unable to
register as NGOs with the Government. In September 2009 police visited
the offices of at least 12 Burmese exile groups on several
``immigration raids.'' The groups targeted included the Human Rights
Education Institute of Burma and the Burmese Women's Union. Ten women
from the union were detained but later released after paying 5,000 baht
($156) each. As a result of these raids, many offices remained closed
for several weeks.
The seven-member NHRC is tasked with producing two annual reports
on the human rights situation in the country. In June Chairwoman Amara
Pongsapich announced the formation of a committee to look into various
incidents related to the March-May street protests in Bangkok, but at
year's end it had not produced a public report. The NHRC received 748
cases during the year, but modest staffing and resources hampered
progress.
The parliament had two committees that addressed human rights
problems: the House Standing Committee on Legal Affairs, Justice, and
Human Rights; and the Senate Standing Committee on Human Rights, Rights
and Liberties, and Consumer Protection. Human rights advocates
generally believed the committees were well intended but lacked the
enforcement capability required to be truly effective. They also were
described as reactive, difficult to access, and hampered by the
political affiliations of their chairmen.
Following the dispersal of the antigovernment protests in May,
Prime Minister Abhisit Vejjajiva, as part of a proposed reconciliation
plan, formed three commissions to investigate events leading up to and
including the March-May protests for the purposes of national
reconciliation. The National Reform Committee, chaired by former prime
minister Anand Panyarachun, was tasked with creating a plan for
national reforms across the country. The Assembly for National Reform,
chaired by Prawase Wasi, was responsible for mobilizing persons from
all sectors of society to participate in national reform. The Truth and
Reconciliation Commission, chaired by Khanit na Nakhorn, was charged
with uncovering the facts related to the deadly violence in April and
May.
The Government denied visas to two human rights activists from
France who were invited to present a human rights report on Vietnam at
the FCCT on September 13. The Government also pressured the FCCT to
cancel the event, claiming that it had a long-standing policy of not
allowing persons or organizations to use the country as a place to
conduct activities detrimental to other countries.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides for equal treatment without respect to
race, gender, religion, disability, language, or social status;
however, in practice some discrimination existed, and government
enforcement of equal protection statutes was uneven.

Women.--Rape is illegal, although the Government did not always
enforce the law effectively. The criminal code permits authorities to
prosecute spousal rape, and prosecutions occurred. According to the
police, 4,255 rape cases were reported during the year, with nine
additional cases in which the victim was killed. Suspects were arrested
in 2,397 of the former category of cases and in all nine of the cases
that resulted in the victim's death. The Health Ministry reported that
an estimated 25,750 women and children were abused between January and
November, including approximately 12,000 women more than 18 years old
and 13,000 children. The ministry reported that the majority of the
abused children were girls, with most of the cases involving sexual
abuse.
NGOs believed that rape was a serious problem. According to
academics and women's rights activists, rapes and domestic assaults
were underreported, in part because state agencies tasked with
addressing the problem were not adequately funded and law enforcement
agencies were perceived to be incapable of bringing perpetrators to
justice. Police sought to change this perception and encouraged women
to report sexual crimes through the use of female police officers in
metropolitan Bangkok and three other provinces.
The law specifies a range of penalties for rape or forcible sexual
assault, depending on the age of the victim, severity of assault, and
physical and mental condition of the victim after the assault;
penalties range from four years' imprisonment to life as well as fines.
The law also provides that any individual convicted twice for the same
criminal rape offense in three years is liable to receive increased
penalties for recidivism, which include monetary fines and harsher jail
sentences. The amount of the penalty depends on such factors as the
severity of the injury or the death of the victim and generally varies
from 30,000 baht ($940) to 150,000 baht ($4,700).
Domestic violence against women was a significant problem. The 2007
Protection of Victims of Domestic Violence Act imposes a fine of up to
6,000 baht ($190) or up to six months' imprisonment for violators and
provides authorities, with court approval, the power to prohibit
offenders from remaining in their homes or contacting family members
during trial. The law implements measures designed to facilitate the
reporting of domestic violence complaints and reconciliation between
the victim and the perpetrator. Additionally, the law restricts media
reporting on domestic violence cases in the judicial system.
Some domestic violence crimes, particularly cases where the victim
was seriously injured, were prosecuted under provisions for assault or
violence against a person where harsher penalties could be levied.
Domestic violence frequently went unreported, and police often were
reluctant to pursue reports of domestic violence. NGO-supported
programs included emergency hotlines, temporary shelters, and
counseling services to increase awareness of domestic violence, HIV/
AIDS, and other matters involving women. The Government's crisis
centers, located in some state-run hospitals, cared for abused women
and children, although several centers faced budget difficulties.
State-run hospitals referred victims to external organizations when
services at a hospital were not available. The Ministry of Social
Development and Human Security (MSDHS) reported that 673 cases of
domestic violence were recorded during the year in 67 of the country's
76 provinces.
The MSDHS continued to develop a community-based system, operating
in all regions of the country, to protect women from domestic violence.
The program focused on training community representatives from each
community on women's rights and abuse prevention to increase community
awareness of these problems.
Sex tourism was a problem. According to the MSDHS, there are no
laws that specifically address sex tourism. However, the criminal code,
laws on prostitution, and laws combating trafficking in persons contain
provisions to combat sex tourism.
Sexual harassment is illegal in both the public and private
sectors. The law for public-sector employees specifies fines of not
more than 20,000 baht ($625) for individuals convicted of sexually
harassment. Private-sector employees must file criminal charges if they
have a sexual harassment claim. The punishment depends on the degree of
harassment and age of the victim. Abuse categorized as an indecent act
may result in imprisonment of up to 15 years and a fine of up to 30,000
baht ($940). The Civil Servant Regulations Act prohibits sexual
harassment and stipulates five levels of punishment: probation, docked
salary, salary decrease, discharge from service, and termination. NGOs
claimed that the legal definition of harassment was vague and
prosecution of harassment claims difficult.
In September the Public Prosecutor's Office dismissed for
insufficient evidence a case in which a female naval lieutenant claimed
to have been sexually harassed by a senior army general. On June 29,
the Defense Ministry also concluded its own investigation into the
allegation, finding that the complainant was unable to provide
sufficient information and evidence for a prosecution to proceed. The
lieutenant also received an official reprimand for not following
military procedure, since she had made her case public and filed the
complaint with civilian courts. At year's end the alleged victim was
considering refiling the case.
Couples and individuals could decide freely and responsibly the
number, spacing, and timing of children, and they had the information
and means to do so free from discrimination. The publicly funded
medical system provided access to contraceptive services and
information, prenatal care, skilled attendance during childbirth, and
essential obstetric and postpartum care. Women had equal access to
diagnosis and treatment for sexually transmitted infections, including
HIV.
According to data from the Population Reference Bureau,
approximately 70 percent of married women and girls ages 15 to 49 used
contraception. Although statistics were unavailable, the percentage of
unmarried women, men, adolescents, ethnic minorities, and migrant
workers who had access to contraception was estimated to be less.
Approximately 97 percent of births were attended by skilled health
personnel, and the lifetime risk for death during childbirth was one in
500. Prenatal and postnatal care was estimated to be accessible to more
than 90 percent of mothers and babies.
Military academies (except for the nursing academy) did not accept
female students, although a significant number of instructors at the
military academies were women. After the military reorganization in
September, 42 women held the rank of general or above across all
branches of the military and within the Ministry of Defense. The Police
Cadet Academy for commissioned officers accepts female cadets, and 70
of 280 new cadets were women. According to the MSDHS, in 2007 women
held 22 percent of managerial positions in publicly listed companies
and 35 percent in commercial companies. In 2008 women held 16 percent
of high-level administrative positions in the Government sector.
According to the Office of the Civil Service Commission, women held 24
percent of executive-level positions. Women were able to own and manage
businesses freely. Government regulations require employers to pay
equal wages and benefits for equal work, regardless of gender.
Nonetheless, discrimination in hiring was common, and women were
concentrated in lower-paying jobs. In practice women received lower pay
for equal work in many sectors of the economy.
The Government's Office of Women's Affairs and Family Development
promotes the legal rights of women, notably through the suboffice of
the Bureau of Gender Equality Promotion.

Children.--Citizenship is not automatically conferred by birth
within the country. By law citizenship is based either on birth to one
or both Thai parents, marriage to a Thai man, or naturalization. It can
also be acquired by means of special government-designated criteria
implemented by the MOI with the approval of the cabinet. Finally, it
can be granted as a result of the 2008 nationality law. Additionally,
the Government approved the withdrawal of the country's reservation on
article 7 of the Convention on the Rights of the Child regarding birth
registration and nationality (see section 2.d.).
According to NGOs, highlanders and other stateless individuals on
occasion did not register births with the authorities because
administrative complexities, misinformed and unscrupulous local
officials, language barriers, and restricted mobility made it difficult
to do so (see section 2.d.).
Primary education was compulsory, free, and universal. Violence in
the southern provinces, especially that aimed at public school
teachers, sporadically forced the temporary closure of public schools
and disrupted the educational process in those areas. Many NGOs
reported that most children of registered migrant workers, particularly
in Chiang Mai and Mae Sot, were permitted to attend public schools;
however, language barriers, distance from school, and frequent
relocations to follow parents to new job sites prevented some migrant
children from attending school. These children remained without access
to community services provided to children attending public schools,
such as day-care centers, government-subsidized free milk, and lunch
privileges. Migrant workers who could afford it often chose to send
their children to private nurseries or day-care centers at their own
expense.
The law provides for the protection of children from abuse, and
laws on rape and abandonment carry harsher penalties if the victim is a
child. The law imposes a jail term of seven to 20 years' imprisonment
and a fine of up to 40,000 baht ($1,250) for sexual intercourse with a
victim under the age of 13. If the victim is under the age of 15, the
penalty is four to 20 years' imprisonment and a fine of up to 40,000
baht ($1,250).
A 2009 private university-sponsored poll of persons ages 12 to 24
in the Bangkok area found that 12.9 percent had encountered sexual
harassment. Police were reluctant to investigate abuse cases, and rules
of evidence made prosecution of child abuse difficult. The law is
designed to protect witnesses, victims, and offenders under the age of
18, and procedures with a judge's consent allow children to testify on
videotape in private surroundings in the presence of a psychologist,
psychiatrist, or social worker. However, many judges declined to use
videotaped testimony, citing technical problems and the inability to
question accusers and defendants directly in court. Some children's
advocates claimed that minor female sexual abuse victims received
better physical and psychological care than male victims did. Persons
charged with pedophilia are charged under appropriate age of consent
and prostitution laws. Victims' testimony is handled under the
provisions of the Child Friendly Procedure Act.
Child prostitution remained a problem. According to government
officials, academics, and NGO representatives, children (both boys and
girls), especially among migrant populations, were sometimes forced,
coerced, or lured into prostitution. While it was widely believed there
were fewer incidences of citizens forced into prostitution, children
from poor families remained vulnerable, and there were some incidences
of parents who forced their children into prostitution. Pedophilia
continued, by citizens and foreign sex tourists.
The 1996 Prostitution Prevention and Suppression Act imposes heavy
penalties on whoever procures, lures, compels, or threatens children
under 18 years old for the purpose of prostitution. Section 8 of the
act provides that a customer who has sexual intercourse with a
prostitute under the age of 15 shall be subject to two to six years in
prison and a fine of up to 120,000 baht ($3,750); if the prostitute is
between the ages of 15 and 18, the prison term is one to three years,
and the fine is up to 60,000 baht ($1,875). Parents who allow a child
to enter into prostitution also are punishable and can have their
parental rights revoked. Those who procure children for prostitution
face strict penalties, and the punishment is more severe if the minors
involved are under 15. The penal code prohibits the production,
distribution, and import or export of child pornography. The penalty is
imprisonment of not more than three years and a fine of not more than
6,000 baht ($190). The law also imposes heavy penalties on persons who
sexually exploit children, both boys and girls, younger than 18 years
old. It defines punishments for pimping, trafficking for labor
exploitation, and human smuggling.
A 2005 study widely cited by NGOs and state agencies estimated
there were 20,000 street children in major urban centers. However, the
Government and NGOs could provide shelter to only 10,000 children each
year. Generally, the children were referred to government-provided
shelters, but many, especially foreign illegal migrants, reportedly
avoided the shelters due to fear of being deported. Ultimately the
Government either sent citizen street children to school, to
occupational training centers, or to their families with social worker
supervision. Some street children from other countries were
repatriated.
Street children were often omitted from national reports on child
labor matters, and national statistics on street children often
included only citizens.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html as well as
country-specific information at http://travel.state.gov/abduction/
country/country--3781.html.

Anti-Semitism.--The Jewish community is very small, and there were
no reports of anti-Semitic incidents.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The constitution prohibits
discrimination against persons with physical, sensory, intellectual,
and mental disabilities in education, access to health care, or the
provision of other state services; however, government enforcement was
not effective. The law also mandates that persons with disabilities
have access to information, communications, and newly constructed
buildings, but these provisions were not uniformly enforced. Activists
continued to work to amend laws that allow employment discrimination
against persons with disabilities.
Persons with disabilities who register with the Government are
entitled to free medical examinations, wheelchairs, and crutches. The
Government provided five-year, interest-free, small business loans for
persons with disabilities.
The Community Based Rehabilitation Program remained active in all
provinces. The Community Learning Center for People with Disabilities
project expanded to 30 provinces. A National People with Disabilities
Day is recognized annually on November 14.
The Government maintained 43 special schools for students with
disabilities. The Ministry of Education reported that there were 76
centers nationwide offering special education programs for preschool-
age children, one in each province. All state schools nationwide,
approximately 30,000, are required by law to accept students with
disabilities. There also were nine government-operated and at least 23
NGO-operated training centers for persons with disabilities, including
both full-time and part-time or seasonal centers. The Government
operated 111 state shelters specifically for persons with disabilities,
including two day-care centers for autistic children. In addition there
were private associations providing occasional training for persons
with disabilities. There were reports of schools turning away students
with disabilities, although the Government claimed that such incidents
occurred because schools did not have appropriate facilities to
accommodate such students.
Some persons with disabilities who found employment were subjected
to wage discrimination. Government regulations require private firms
either to hire one person with a disability for every 200 other workers
or contribute to a fund that benefits persons with disabilities, but
this provision was not uniformly enforced. Government officials
estimated that as many as 50 percent of firms complied with the law;
the chairman of the Council of Disabled People of Thailand believed the
number to be 35 to 45 percent, mostly due to inadequate government
follow-up with companies. Some state enterprises had discriminatory
hiring policies.

National/Racial/Ethnic Minorities.--Two groups--former belligerents
in the Chinese civil war and their descendants living in the country
since the end of the civil war, and children of Vietnamese immigrants
who resided in 13 northeastern provinces--lived under laws and
regulations that could restrict their movement, residence, education,
and occupation. The Chinese are required to live in the three northern
provinces of Chiang Mai, Chiang Rai, and Mae Hong Son. According to the
MOI, none were granted citizenship during the year.

Indigenous People.--Members of hill tribes who were not citizens
continued to face restrictions on their movement, could not own land,
had difficulty accessing credit from banks, and although protected by
labor laws, often were subjected to labor violations. They also were
barred from state welfare services such as universal health care.
The 2008 Nationality Act provides citizenship eligibility to
certain categories of highlanders who were not previously eligible (see
section 2.d.). Although the Government supported efforts to register
citizens and educate eligible hill tribe persons about their rights,
activists reported that widespread corruption and inefficiency,
especially among highland village headmen and district and subdistrict
officials, contributed to a backlog of pending citizenship applications
as well as improperly denied applications.
Hill tribe members continued to face societal discrimination
arising in part from the belief that they were involved in drug
trafficking and environmental degradation.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There are no laws that
criminalize sexual orientation. Lesbian, gay, bisexual, and transgender
(LGBT) groups were able to register with the Government, although there
were some restrictions on the language that can be used in registering
their group names. They reported that police treated LGBT victims of
crime as any other person except in the case of sexual crimes, where
there was a tendency to downplay sexual abuse or not take harassment
seriously.
There was continued discrimination based on sexual orientation and
gender identity. The Thai Red Cross would not accept blood donations
from gay men. Some life insurance companies refused to issue policies
to gay persons, although four major insurance companies agreed to sell
life insurance policies to LBGT citizens with full transfer of benefits
to same-sex partners. According to military sources, the armed forces
did not draft gay or transgendered persons because of the assumed
detrimental effect on the military's strength, image, and discipline.
The official rejection rationale recorded in military documentation was
``Type 3--Sickness That Cannot Be Cured Within 30 Days,'' as opposed to
the previously utilized ``Type 4--Permanently Disabled or Mentally
Ill.'' The law does not permit transgendered individuals to change
their gender on identification documents. Some major businesses did not
allow transgendered persons to use their preferred bathrooms. NGOs also
alleged that some nightclubs, bars, hotels, and factories denied entry
or employment to gays, lesbians, and transgendered individuals.

Other Societal Violence or Discrimination.--Persons with HIV/AIDS
faced the psychological stigma associated with rejection by family,
friends, colleagues, teachers, and the community, although intensive
educational outreach efforts may have reduced this stigma in some
communities. There were reports that some employers refused to hire
persons who tested HIV-positive following employer-mandated blood
screening. According to the Thailand Business Coalition on AIDS, an
estimated 8,000 businesses pledged not to require HIV/AIDS tests for
employees or discharge infected employees and vowed to hold regular
awareness campaigns, with 1,150 pledging during the year.
The NHRC was investigating a complaint filed in September 2009
about the so-called AIDS temple, Wat Phrabat Namphu, which sheltered
many dying AIDS patients. AIDS activists objected to the temple's
practice of displaying corpses of AIDS patients as a cautionary tale,
although temple officials stated that the patients gave consent. On
July 1, the NHRC held a meeting with Wat Phrabat Namphu and struck a
preliminary agreement whereby the temple would be permitted to display
corpses provided that no personal information on the deceased
individuals, including names, was included. The NHRC made a follow-up
visit to the temple on December 20, and a final recommendation was
pending at year's end.
Section 7. Worker Rights

a. The Right of Association.--The law allows private sector workers
to form and join trade unions of their choosing without prior
authorization. Enforcement of labor laws was inconsistent, and in some
instances the 1975 Labor Relations Act and the 1998 and 2008 Labor
Protection Acts (LPA) were not effective in protecting workers who
participated in union activities. The law allows unions to conduct
their activities without government interference. It also permits
workers to strike, and this right was exercised in practice.
The labor law does not allow civil servants, including public
schoolteachers, soldiers, and police, to form or register a union. They
can form and register associations, but these associations do not have
the right to bargain collectively. Labor activists and some civil
servants interpreted the 2007 constitution as broadening the freedom of
association to include granting civil servants the right to form a
union. While efforts by a small number of civil servants to organize a
union or unions were underway, the related labor laws had not been
amended to allow civil servants to do so.
The State Enterprise Labor Relations Act (SELRA) gives state-owned
enterprise workers the right to form unions. These unions generally
operated independently of the Government. The law restricts
affiliations between state enterprise unions and private-sector unions.
However, unofficial contacts at the union level between public- and
private-sector workers continued, and the Government did not interfere
with these relationships.
Noncitizen migrant workers, whether registered or illegally
present, do not have the right to form unions or serve as union
officials; however, registered migrants may be members of unions
organized and led by Thai citizens. A few registered migrants joined
unions, but the number that did so was low, due in part to language
barriers and the fact that migrant workers and Thai workers often
worked in different industries. A substantial number of migrant workers
worked in factories near border-crossing points, where there were
reports of frequent violations of labor laws and where few inspections
were carried out to verify compliance with the law.
The labor force consisted of 38.4 million persons. Less than 2
percent of the total work force but nearly 10 percent of industrial
workers and more than 59 percent of state enterprise workers were
unionized. At the end of 2009, there were 44 state enterprise unions
with 167,510 members and 1,194 private labor unions with 338,550
members. Compared with 2008, the number of private labor unions
decreased, and membership in both state enterprise and private unions
decreased slightly.
Workers can be dismissed for any reason, provided severance payment
is made. The law does not provide for reinstatement, and the
requirement for severance pay was not always respected. The labor court
ordered reinstatement of employees in some cases where dismissal
resulted from union activity and was illegal. However, because the
process to request reinstatement was lengthy and costly for the
employee, most cases were settled out of court through severance
payments to the employee with no punitive sanctions for employers.
The Supreme Court denied Jitra Kotchadet's case against garment
maker Triumph International for dismissing her without cause in 2008.
In February former employees of a Triumph subsidiary company agreed
to move their protest from the Ministry of Labor (MOL) building, where
they had protested since October 2009, in exchange for 250 sewing
machines and vocational training. These workers had been dismissed in
June 2009. As part of this agreement, the Government also promised to
help the group secure loans from financial institutions and provide
transportation for the workers to go home. The company blamed the
global economic situation and a drop in demand for the layoffs; union
leaders argued the layoffs were an attempt to purge the firm of active
union members, many of whom had protested Jitra's dismissal in 2008.
In September 900 Burmese migrant workers staged a nine-day strike
at the Dechapanich Fishing Net Factory in Khon Kaen after factory
management fired six workers and refused to return their legal
documents to the fired workers. Workers demanded the return of all
passports, worker identity cards, and work permits. They also demanded
compensation for daily overtime earned since February. The striking
workers were threatened with cancellation of their visas and
deportation, but the employer eventually complied with the workers'
demands. Ultimately, the migrant workers all resigned from the factory
and found new jobs in Bangkok.
The Government has the authority to restrict private-sector strikes
that would affect national security or cause severe negative
repercussions for the population at large; however, it seldom invoked
this provision in the past and did not do so during the year. The law
also forbids strikes in ``essential services,'' which are defined much
more broadly than under International Labor Organization (ILO) criteria
and include sectors such as telecommunications, electricity, water
supply, and public transportation. The law prohibits termination of
employment of legal strikers; however, some employers used unfavorable
work assignments and reductions in work hours and bonuses to punish
strikers. Employers are legally permitted to hire workers to replace
strikers. Strike action in the private sector was constrained by the
legal requirement to call a general meeting of trade union members and
have a strike approved by at least 50 percent of all union members.
During the year there were strikes against various companies, generally
after negotiations over compensation had reached an impasse. In one
instance, while negotiations were still underway, management of an
international automotive company ordered a lockout, stating that
workers were damaging equipment and vehicles on the production line.
The SELRA prohibits lockouts by state enterprises and strikes by
state enterprise workers. However, in the past a large number of state
enterprise workers took sick leave or vacation on the same day, leading
to the closing of business operations. No legal action was taken
against those workers.
During 2009 there were 101 labor disputes, nearly double the 2008
figure. MOL statistics showed three lockouts by employers involving 156
employees and two strikes that involved 456 employees. The majority of
union demands in 2009 were related to wages and other benefits.

b. The Right to Organize and Bargain Collectively.--The law
provides for the right of citizen private-sector workers to organize
and bargain collectively. The law defines the mechanisms for collective
bargaining and for government-assisted conciliation and arbitration in
cases under dispute. In practice genuine collective bargaining occurred
only in a small fraction of workplaces; however, many disagreements
were settled successfully.
The law prohibits antiunion actions by employers; however, it also
requires that union officials be full-time employees of the company or
state enterprise, which made them vulnerable to employers seeking to
discipline workers who served as union officials or who attempted to
form unions. It also serves as a prohibition against permanent union
staff, thus limiting the ability of unions to organize in depth and be
politically active. The Labor Relations Act allows only two government-
licensed outside advisors to a union, and local-level MOL offices
reportedly blocked the registration of labor advisors deemed too
activist. Union leaders and outside observers complained that this
action interfered with the ability to train union members and develop
expertise in collective bargaining and that it contributed to rapid
turnover in union leaders.
Employers reportedly discriminated against workers seeking to
organize unions. While the law protects workers who submit demands
relating to working conditions, it does not protect workers from
employer reprisal for union activities prior to the registration of the
union; employers could exploit this loophole to defeat efforts at union
organization. During the year there were reported cases of workers
being dismissed from their jobs for engaging in union activities. In
some cases the labor courts ordered workers reinstated if grounds for
their dismissal were proven inaccurate. Reinstatement of some of these
workers subsequently occurred.
A system of labor courts exercises judicial review over most
aspects of labor law for the private sector; however, there was
reported abuse in the system. Problems of collective labor relations
are adjudicated through the tripartite labor relations committee and
are subject to review by the labor courts. Workers may also seek
redress through the NHRC. In private-sector labor disputes that cannot
be resolved through negotiations or voluntary arbitration and that may
affect the national economy or public order, the law authorizes the MOL
to refer them to the Labor Relations Committee for settlement. Although
the legal authority seldom was used, international standards allow for
this type of provision only if the private sector activity in question
involves essential services--those whose interruption would endanger
the life, personal safety, or health of the whole or part of the
population.
Redress of grievances for state enterprise workers was handled by
the State Enterprise Relations Committee. Labor leaders generally were
satisfied with the treatment that their concerns received in these
forums, although they complained that union leaders unjustly dismissed
were awarded only back wages with no punitive sanctions against the
employer. This approach limited any disincentive for employers to fire
union organizers and activists.
Labor brokerage firms used a ``contract labor system'' under which
workers signed an annual contract. Although contract laborers performed
the same work as direct-hire workers, often they were paid less and
received fewer, or no, benefits. Contract laborers are covered under
the law, and according to the 2008 Labor Protection Act, businesses
must provide contract laborers ``fair benefits and welfare without
discrimination.'' Regardless of whether the contract labor employee was
outsourced and collected wages from a separate company, according to
the act the contracting business is the overall employer. Plaintiffs
filed lawsuits in an attempt to seek clarification of their obligations
under the new law; the labor court ruled in each case that the law
requires equal pay and benefits for subcontract and regular employees.
The law requires that members of a union be ``employees working for
the same employer'' or ``employees in the same description of work.''
Such provisions, coupled with requirements that the union represent a
certain percentage of the workforce, could hamper collective bargaining
efforts where contract workers are not considered part of the potential
bargaining unit but make up a substantial portion of the workforce.
There are no special laws or exemptions from regular labor laws in
export processing zones. However, employers' associations reportedly
cooperated to discourage union organization in the zones. Union
organization was common at major international firms in large
industrial estates.

c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor except in the case of national
emergency, war, or martial law, or to avoid imminent public calamity.
The 2008 Antitrafficking in Persons Act prohibits all forms of human
trafficking, including forced labor of men, women, and children.
Despite efforts by the Government to enforce and raise awareness of the
law, problems of forced labor of men, women, and children persist in a
small proportion of the economy, particularly in those sectors where
foreign migrant labor is common.
Employers often kept possession of migrant workers' registration
and travel documents, which restricted their travel outside the work
premises. Reportedly, some migrant workers requested that employers
keep their documentation for safekeeping.
There continued to be reports of sweatshops or abusive treatment in
a few sectors, particularly on seagoing trawlers, in garment factories,
and in shrimp and seafood processing facilities. Mistreatment at times
included the prevention of workers, primarily foreign migrants, from
leaving the premises. The large number of migrants from Burma,
Cambodia, and Laos created opportunities for abuse.
Sarawut Ayuken, sentenced to death in August 2009 for the 2007
murder of a Karen migrant worker, remained in prison awaiting the
decision of the appeals court, along with two other defendants involved
in the case.
In January the criminal court convicted a Burmese broker, arrested
in October 2009, of violating the Anti-Human Trafficking Act and the
Immigration Act in a case involving 18 Burmese forced to work on
fishing boats in Chonburi Province. The broker was sentenced to four
years' imprisonment; the boat foreman was sentenced to 30 months in
prison and a fine of 82,500 baht ($2,600). Due to lack of evidence,
charges were dropped against a third individual involved in the case.
Two persons convicted in November 2009 for trafficking workers to
the Anoma Samut Sakhon shrimp processing factory remained free while
awaiting the result of their appeal.
On December 9, a criminal court convicted the three defendants in
the forced labor-related case involving the Ranya Paew shrimp
processing factory. A 2006 raid on the factory resulted in the
identification of 66 victims of trafficking. Each of the defendants was
sentenced to 20 years in prison, the maximum penalty. At year's end the
defendants remained free while awaiting the result of their appeal.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--In
general, sufficient legal protections exist for children in the formal
economic sector. The LPA is the primary law regulating employment of
children under the age of 18. Employment of children under the age of
15 is prohibited. An exception exists for children 13 to 15 years old
who have parental permission to perform agricultural work during school
breaks or nonschool hours as long as the employers provide a safe work
environment. Employers may not require children under the age of 18 to
work overtime or on a holiday and may not require work between 10 p.m.
and 6 a.m. without MOL approval. Children under 18 must not be employed
in hazardous work, which includes any activity involving metalwork,
hazardous chemicals, poisonous materials, radiation, and harmful
temperatures or noise levels; exposure to toxic microorganisms;
operation of heavy equipment; underground or underwater work; and work
in places where alcohol is sold or in massage parlors. The maximum
penalty for violating these prohibitions is one year in prison, fines
up to 200,000 baht ($6,250), or both. The LPA provides limited coverage
to workers in some informal sectors, such as fishing and domestic
employment. The law allows for issuance of ministerial regulations to
address sectors not covered in the law; such regulations increased
protections for child workers in domestic and agricultural sector work.
Child labor remained a problem, particularly in agriculture, the
garment industry, seafood processing, fishing-related industries, and
the informal sector. There was reason to believe that some garments,
pornography, shrimp, and sugarcane were produced and processed by child
labor in violation of international standards. In urban areas most
underage workers worked in the service sector, including in gasoline
stations, small-scale industry, and restaurants. Observers believed
that while the prevalence decreased, some children (usually foreign)
were exploited in street selling, begging, domestic service, and
agriculture work, sometimes in a system of debt bondage. Many of these
foreign children, predominantly migrants from Burma, Cambodia, and
Laos, were in the country illegally, which increased their
vulnerability to exploitation. There were reports of street children
who were bought, rented, or forcibly ``borrowed'' from their parent or
guardians to beg alongside women in the street.
Outside urban areas, children worked in agriculture, garment, and
fishing-related industries. Child labor was less evident in larger,
export-oriented factories and registered processing facilities. NGOs
reported greater child labor in garment factories along the Burmese
border, in Mae Sot Province. There was no comprehensive survey of child
labor throughout the country.
The Social Security Office under the MOL reported that there were
65,536 children ages 15 to 18 years old formally working and registered
in the social security system in 2009. This figure was an almost 40
percent decrease from 2008 and may be a result of the extension of free
education from nine years to 12 years in the 2007 constitution and the
2009 government policy that extended free education, including coverage
of fees, books, and uniforms, further to 15 years. Other MOL statistics
showed that 2,774 children between 15 and 17 years old worked
legitimately in 2009. This increase (more than 2,065 in 2008) was more
indicative of increased efforts by the MOL to inspect facilities than
an increase in child labor. The number of all child laborers, legal and
illegal, was likely much larger when taking into consideration child
laborers in the informal sector, including unregistered migrant
children. According to a study funded by the MOL and the ILO, labor
abuse of child citizens was declining, and such children made up less
than 1 percent of the workforce.
The MOL is the primary agency charged with enforcing child labor
laws and policies. Labor inspectors, widely considered to be too few,
were believed to be reactive, rather than proactive, and normally
complaints-driven. In an effort to improve labor law enforcement, the
MOL Department of Labor Protection and Welfare inspection plan for the
year prioritized labor inspections of small factories (fewer than 49
workers), which were believed to be high risk for the use of child
labor. In line with prevailing cultural norms, the inclination of labor
inspectors when dealing with violators was to negotiate promises of
better future behavior rather than seek prosecution and punishment. The
legal requirement for a warrant hampered inspection of private homes to
monitor the welfare of child domestic workers.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

e. Acceptable Conditions of Work.--The minimum wage ranged from 151
baht to 206 baht per day ($4.72 to $6.44), depending on the cost of
living in various provinces. The minimum wage was not adequate to
provide a decent standard of living for a worker and nuclear family. On
December 14, the cabinet approved an increase in the minimum wage.
Beginning on January 1, 2011, the minimum wage was set to range from
159 baht to 221 baht ($4.97 to $6.91) per day.
The Government sets wages for state enterprise employees under the
SELRA. Wages for civil servants are determined by the Office of Civil
Service Commission. However, the 2008 Civil Servant Act gives each
ministry or department more flexibility in setting civil servant salary
levels.
The MOL is responsible for ensuring that employers adhere to
minimum wage requirements (applicable to the formal sector); however,
enforcement of minimum wage laws was mixed. Some formal sector workers
nationwide received less than the minimum wage, especially those in
rural provinces. Labor protections apply to undocumented workers;
however, many unskilled and semiskilled migrant workers worked for
wages that were at times significantly less than the minimum wage.
The LPA mandates a maximum workweek of 48 hours, or eight hours a
day over six days, with a limit on overtime of 36 hours per week.
Employees engaged in ``dangerous'' work, such as chemical, mining, or
other industries involving heavy machinery, legally may work a maximum
of 42 hours per week and are not permitted overtime. Petrochemical
industry employees cannot work more than 12 hours per day and can work
continuously only for a period not exceeding 28 days. Protections
existing in the LPA do not apply universally to all sectors. Household
domestic workers, for example, are covered by only a few sections of
the LPA.
Provisions of the LPA include protection for pregnant workers,
prohibiting them from working on night shifts, overtime, and holidays,
with dangerous machinery, or on boats. In some cases, a pregnant
employee who works in a nonphysically demanding office position may
work overtime, if the employee consents. Despite the act's prohibition
against dismissing pregnant workers, there were reports that employers
intentionally laid off workers who became pregnant.
The MOL promulgates health and safety regulations regarding
conditions of work and is responsible for their enforcement; however,
the inspection department enforced these standards inconsistently due
to a lack of human and financial resources. There is no law affording
job protection to employees who remove themselves from dangerous work
situations. According to the MOL's Department of Labor Protection and
Welfare, consumer goods production, hotels, restaurants, and the
construction industry had the highest incidence of legal violations
regarding workers' safety.
During 2009 there were 149,436 reported incidents of diseases and
injuries from industrial accidents. This included 106,598 minor
disabilities (resulting in no more than three days of missed work) and
42,838 disabilities resulting in more than three days of missed work
(including permanent disabilities and deaths). However, the rate of
incidents occurring in the informal and agricultural sectors and among
migrant workers was believed to be higher. Occupational diseases rarely
were diagnosed or compensated, and few doctors or clinics specialized
in them. Many of the young migrant women employed along the Burma
border had limited and substandard medical care options. In medium-
sized and large factories, government health and safety standards often
were applied, but overall enforcement of safety standards was lax. In
the informal sector, health and safety protections were substandard.
Redress for workers injured in industrial accidents was rarely
timely or sufficient. Few court decisions were handed down against
management or owners involved in workplace disasters.
On November 8, in the first workplace health and safety case to go
to the Supreme Court, the court ruled that the Bangkok Weaving Factory
must pay almost eight million baht ($250,000) in compensation to 37
ailing former workers. The court ruled that the company failed to
provide a safe working environment, which resulted in the staff
developing byssinosis, a respiratory disorder common among textile
workers.
The Government allowed undocumented migrant workers from three
neighboring countries to work legally in certain sectors of the economy
if they registered with authorities and began a process to document
their status, namely the verification of their nationality, by March 2.
However, on January 19, the Government extended the deadline for an
additional two years.
Migrants from Laos and Cambodia may complete their citizenship
verification at locations throughout Thailand. Generally, Burmese
migrants must travel to one of three processing centers in border
locations inside Burma, reportedly due to Burmese government insistence
that registration take place within Burma. The Burmese government,
however, temporarily allowed citizenship verification to take place on
the Thai side of the border in Ranong Province from July through the
end of the year to alleviate the need for some migrants to make a boat
crossing into Burma during the monsoon season. Following the July
closure of the Thai-Burma Friendship Bridge between Mae Sot and
Myawaddy, migrants could no longer complete processing at Myawaddy.
Workers could conduct processing at the third processing center located
in Tachilek, across the border from the Thai town of Mae Sai.
In September 2009 three workers' rights and labor organizations
submitted a letter to the UN special rapporteur on the human rights of
migrants, requesting an investigation into the migrant worker
nationality verification process for Burmese migrants due to concern
for the safety of migrants. On February 2, the UN special rapporteur on
the human rights of migrants, along with the special rapporteur on
contemporary forms of racism, racial discrimination, xenophobia, and
related intolerance, sent a letter of concern to the Government.
According to information compiled by the International Organization
for Migration with the assistance of the MOL, between January and
February 932,255 migrants (812,984 from Burma) renewed their work
permits and were eligible for nationality verification processing. By
December 388,506 individuals had completed the process. Migrant
children of registered migrants are entitled to register for
residential permits if their parents have residential permits.
Migrant workers, regardless of their legal status, remained
vulnerable to poor working conditions. Reports indicated that they were
routinely paid well below the minimum wage, worked long hours and in
unhealthy conditions, and (because of their generally illegal status)
were at risk of arrest and deportation. Civil society observers
continued to criticize the Government's handling of migrant workers due
to the workers' perceived vulnerability to exploitation. There were
several reports of migrant workers forced to make extorted payments to
local-level officials. There also were reports that migrant worker
deportees were coerced to make payments to officials in Burma, who
allegedly shared payments with local Thai officials. NGOs complained
that a June 2 order to deport undocumented migrants exacerbated the
problem. Concerns also were raised regarding a September ministerial
regulation that brought into effect a section of the 2008 Alien Working
Act requiring affected workers from Cambodia, Laos, and Burma to
contribute a set amount to a repatriation fund. In response to
criticisms by civil society and government concern that the financial
burden of the fund as organized could push workers underground, the
Government delayed planned implementation of the fund until March 2012.
Until reaching the potential implementation date in 2012, the MOL
planned to study how to address the financial burden concerns.
Irregular migrant workers that complete the new amnesty and related
nationality verification process have access to the Workmen's
Compensation Fund (WCF) and Social Security Office (SSO) funds.
However, migrant workers faced discrimination by an SSO policy that
denies migrants registered but with disabilities access to the WCF.
The March report of the ILO Committee of Experts asked the
Government to review the SSO policy and ``to instruct the SSO to take
positive and urgent measures lifting restrictive conditions and
facilitating access of migrant workers to the WCF irrespective of their
nationality.'' This action followed a 2009 complaint alleging that the
Government was denying Burmese migrant workers access to the WCF
following work accidents in violation of ILO convention 19.
In July the family of Hsai Htun, an unregistered Shan migrant from
Burma who died in 2007 as a result of a work accident, appealed a lower
court's decision to revoke an SSO order that directed the employer to
pay compensation. At year's end the Supreme Court had not ruled on the
appeal, and the family had not received compensation.
In some provinces local regulations prohibit migrant workers from
owning mobile telephones, leaving a worksite at night between the hours
of 8 p.m. and 6 a.m., gathering in assemblies of more than five
persons, and organizing or taking part in cultural events. However, the
regulations were rarely enforced. There were reports that security
officials harassed NGO personnel who were trying to assist illegal
migrant workers.
Problems encountered by Thai citizens working overseas highlighted
the problem of exploitative labor supply agencies that charged heavy
and illegal recruitment fees sometimes equal to a worker's first- and
second-year earnings. In many cases recruited workers did not receive
the benefits they were promised and incurred significant debt. Local
moneylenders, mostly informal, contributed to this practice by offering
exorbitant loans to allow workers to pay recruitment fees, some of
which were as high as 500,000 baht ($15,625), according to an NGO
study. The Department of Employment issued regulations limiting the
maximum charges for recruitment fees to ensure that the fees are not
excessive; however, effective enforcement of the rules was difficult.

__________

TIMOR-LESTE

Timor-Leste is a multiparty parliamentary republic with a
population of approximately 1.1 million. President Jose Ramos-Horta was
head of state. Prime Minister Kay Rala Xanana Gusmao headed a four-
party coalition government formed following free and fair elections in
2007. International security forces in the country included the UN
Police (UNPOL) within the UN Integrated Mission in Timor-Leste (UNMIT)
and the International Stabilization Force (ISF), neither of which was
under the direct control of the Government. The national security
forces are the National Police (PNTL) and Defense Forces (F-FDTL).
Security forces reported to civilian authorities, but there were some
problems with discipline and accountability.
Serious human rights problems included police use of excessive
force during arrest and abuse of authority; perception of impunity;
arbitrary arrest and detention; and an inefficient and understaffed
judiciary that deprived citizens of due process and an expeditious and
fair trial. Domestic violence, rape, and sexual abuse were also
problems.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
politically motivated killings by the Government or its agents during
the year; however, on August 27, F-FDTL soldiers were involved in a
fight with locals in Laivai, Lautem, in which one civilian was beaten
to death. The case was handed to the Prosecutor General's Office and
the Human Rights Ombudsman for investigation. At year's end the
investigation was ongoing.
There were no developments in the May 2009 case in which a group of
F-FDTL members allegedly beat two men on a beach in Dili; one of the
victims was subsequently found dead.
On January 4, a PNTL officer was arrested after he allegedly shot
and killed a 25-year-old man and injured another in Dili in December
2009. A judge released the officer a day later under restrictive
measures. The PNTL suspended the officer and referred the case to the
Prosecutor General's Office. The Prosecutor General brought charges
against the officer and the trial commenced on December 9. At the end
of the year the trial continued.
On March 3, the Dili District Court convicted and sentenced 23 of
the former police and soldiers involved in the failed assassination
attempts on President Ramos-Horta and Prime Minister Gusmao in February
2008. On August 27, President Ramos-Horta commuted the sentences of the
23 rebels, and they were released from prison.
On May 6, the Court of Appeals overturned the Dili District
Court's February 15 sentencing of two civilian perpetrators of violent
incidents in the 2006 crisis to lengthy prison terms. The civilians,
leaders of a militant veterans group, were found guilty by the District
Court of violence against persons and property and illegal use of
firearms, ammunition, and explosives. The Court of Appeals stated that
the evidence did not strongly support the lower court's ruling.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and the Government
generally respected the prohibition against torture; however, there
were incidents of cruel or degrading treatment of civilians by police
and military personnel. Parliamentarians, nongovernmental organizations
(NGOs), UNMIT, and the Office of the Ombudsman for Human Rights and
Justice received complaints about the use of excessive force by
security forces. Most involved beatings, use of excessive force during
incident response or arrest, threats made at gunpoint, and
intimidation.
In the beginning of the year, the PNTL conducted operations in the
Bobonaro and Covalima Districts against ``ninjas'' (armed individuals
who concealed their identities with masks) accused of committing
serious crimes. The police detained individuals who were alleged
members of the Popular Council for the Defense of the Democratic
Republic of Timor-Leste (CPD-RDTL), and there were accusations that
some of the detained were beaten.
There were no updates on the following cases from 2009:
In June 2009 F-FDTL personnel beat at least two civilians and
reportedly pointed their weapons at UNPOL members after breaking up a
fight between two martial arts groups in Maliana, Bobonaro District. At
year's end a criminal investigation was ongoing.
Also in June 2009 an F-FDTL member, using his rifle, allegedly
threatened and beat a residential security guard. The guard filed
official complaints with both the F-FDTL and PNTL, but it was not clear
that an investigation was opened.
In September 2009 a group of F-FDTL members physically assaulted a
Timorese woman and two foreign military personnel. One of the F-FDTL
members involved was expelled from the military in December 2009. The
criminal investigation continued.
In November 2009 an off-duty police officer allegedly shot and
seriously injured Mateus Pereira in Vila Verde, Dili. The police
officer was suspended for 120 days during an internal PNTL
investigation. After the internal investigation the results were
transferred to the Prosecutor General's office. At year's end no
charges were filed.
At year's end there were no developments in the following 2008
incidents: the case of former Baucau PNTL subdistrict commander
Francisco Ersio Ximenes serving a suspended one year sentence following
his removal from active duty for the beating of a victim with a baton
during questioning; the case of three PNTL officers in Suai who
allegedly participated in gang-related violence that resulted in 15
persons injured and 20 houses burned; and the case of PNTL Task Force
members beating four Dili residents; or the two police officers who
were sentenced to two and six months' suspended imprisonment for the
assault of a woman in Ossu Subdistrict, Viqueque District.

Prison and Detention Center Conditions.--Prison conditions
generally met international standards. Despite some improvements with
regard to access to food and water, police station detention cells
generally did not comply with international standards and lacked
sanitation facilities and bedding. The lack of detention cells at some
police stations discouraged the initiation of formal charges against
detained suspects. The civilian authorities ran two prisons, located in
Dili (Becora) and Gleno. Together the two prisons held 223 individuals
(reliable estimates of the designed capacity of the prisons were not
available). The vast majority were pretrial detainees charged with
homicide, robbery, or sexual assault. Four of the prisoners were women,
and 10 were juveniles. The F-FDTL operated a military prison facility
at its headquarters in Dili without civilian oversight. There were no
separate facilities for women and youth offenders.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. Authorities permitted prisoners and
detainees to submit complaints to judicial authorities without
censorship and to request investigation of credible allegations of
inhumane conditions. Authorities investigated credible allegations of
inhumane conditions; however, the results of such investigations were
not clearly documented in a publicly accessible manner. The Government
investigated and monitored prison and detention center conditions.
UNMIT personnel noted allegations of mistreatment of prisoners by
prison guards during the first 72 hours of imprisonment and a lack of
special facilities for the mentally ill, who consequently were detained
with other prisoners.
The Government permitted prison visits by the International
Committee of the Red Cross and independent human rights observers. The
Ombudsman's Office was able to conduct detainee monitoring in Dili. It
was not clear whether an ombudsman could serve on behalf of prisoners
and detainees more broadly, could address the status of juvenile
offenders, or could improve pretrial detention, bail, and recordkeeping
procedures.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention; however, there were many instances in which these
provisions were violated, often because magistrates or judges were
unavailable.

Role of the Police and Security Apparatus.--The president is
commander-in-chief of the armed forces, but the chief of defense, the
F-FDTL's senior military officer, exercised effective day-to-day
command. Civilian secretaries of state for public security and defense
oversaw the PNTL and F-FDTL, respectively.
The PNTL, with UNMIT assistance, continued efforts to reform,
restructure, and rebuild in the wake of its collapse during the
political crisis of 2006. A central element was a ``screening'' to
ensure that each of the approximately 3,000 PNTL officers was checked
for integrity and past crimes or misbehavior. Following screening,
officers were to go through renewed training and a six-month UNPOL
mentoring program. By year's end all but 209 officers had completed the
UNPOL program.
Each of the country's 13 districts has a district PNTL commander
who normally reports to the PNTL general commander. In spite of
improvements, the PNTL as an institution remained poorly equipped and
undertrained, subject to numerous credible allegations of abuse of
authority, mishandling of firearms, and corruption. An opposition
parliamentarian and an international NGO criticized the emphasis on a
paramilitary style of policing, which includes highly armed special
units and does not sufficiently delineate between the military and the
police.
Efforts were made to strengthen the PNTL's internal accountability
mechanisms. At year's end the Professional Standards and Discipline
Office (PSDO) had 358 cases in its database, although all but 162 cases
had been closed. These cases include assaults, use of violence, fraud,
unlawful discharge of a weapon, neglect of duty, not reporting to duty,
and misconduct. The PSDO forwarded substantiated cases to the
appropriate authorities. Out of the substantiated cases, 16 cases
resulted in verbal warnings, 42 cases resulted in written reprimands,
19 cases resulted in suspensions, and one case ended in dismissal. At
the district level there were serious obstacles to the functioning of
the PSDO. PSDO officers were appointed by, and reported to, the PNTL
district commander. Persons with complaints about police behavior
experienced obstacles when attempting to report violations including
repeated requests to return at a later date or to submit their
complaint in writing. The Organic Police Law promulgated in February
2009 does not provide for guaranteed participation from the civilian
sector in police oversight.
In February 2009 the UN Security Council instructed UNMIT to begin
handing over primary policing responsibilities to the PNTL once PNTL
personnel in a particular district demonstrated the ability to perform
those responsibilities adequately. Handovers occurred in four of the
country's 13 districts in 2009: Lautem, Oecussi, Manatuto, and
Viqueque. During the year, handovers occurred in six additional
districts: Aileu, Ainaro, Baucau, Ermera, Liquica, and Manufahi.
More than 550 ISF personnel from Australia and New Zealand
supported the police and security forces.

Arrest Procedures and Treatment While in Detention.--The law
requires judicial warrants prior to arrests or searches, except in
exceptional circumstances; however, this provision was often violated.
The extreme shortage of prosecutors and judges outside of the capital
contributed to police inability to obtain required warrants.
Government regulations require a hearing within 72 hours of arrest
to review the lawfulness of an arrest or detention and to provide the
right to a trial without undue delay. During these hearings the judge
may also determine whether the suspect should be released because
evidence is lacking or because the suspect is not considered a flight
risk. The countrywide shortage of magistrates meant that police often
made decisions without legal authority as to whether persons arrested
should be released or detained after 72 hours in custody. This
contributed to an atmosphere of lawlessness and impunity. Judges may
set terms for conditional release, usually requiring the suspect to
report regularly to police.
The law provides for access to legal representation at all stages
of the proceedings, and provisions exist for providing public defenders
to indigent defendants at no cost. Public defenders were in short
supply. Most were concentrated in Dili and Baucau, with other areas
lacking the same level of access. Many indigent defendants relied on
lawyers provided by legal aid organizations. A number of defendants who
were assigned public defenders reported that they never saw their
lawyer, and there were concerns that some low priority cases were
delayed indefinitely while suspects remained in pretrial detention.
The pretrial detention limit of six months and the requirement that
such detentions be reviewed every 30 days need not apply in cases
involving certain serious crimes. The 30-day review deadline was also
missed in a large number of cases involving less serious crimes, and a
majority of the prison population consisted of pretrial detainees.

e. Denial of Fair Public Trial.--The law provides that judges shall
perform their duties ``independently and impartially'' without
``improper influence'' and requires public prosecutors to discharge
their duties impartially. However, the country's judicial system faced
a wide array of challenges including concerns about the impartiality of
some judicial organs, a severe shortage of qualified personnel, a
complex and multisourced legal regime, and the fact that the majority
of the population did not speak Portuguese, the language in which the
laws were written and the courts operated. Access to justice was
notably constrained.
Progress in establishing judicial institutions and recruiting and
training qualified judges, prosecutors, and defense attorneys was slow.
By year's end, 17 judges, 11 prosecutors, and 11 public defenders of
Timorese nationality were assigned to the country's judicial
institutions. Three non-Timorese public defenders and three judges
served in the country.
Judges, prosecutors, and public defenders assigned to other
districts outside Dili often did not reside in these areas. Their
intermittent presence continued to hamper severely the functioning of
the judiciary outside the capital.
The trial process often was hindered by nonattendance of witnesses
due to lack of proper notification or lack of transportation. The
shortage of qualified prosecutors and technical staff in the Prosecutor
General's Office hampered its work and resulted in a large case
backlog. International prosecutors continued to handle many sensitive
cases. At year's end there was a nationwide backlog of approximately
4,500 cases, a reduction of approximately 700 cases from the previous
year. The length of time for cases to come to trial varied
significantly, with some delayed for years and others tried within
months of accusations.

Trial Procedures.--The law provides for the right to a fair trial;
however, the severe shortages of qualified personnel throughout the
system led to some trials that did not fulfill prescribed legal
procedures. Trials are before judges. Except in sensitive cases, such
as crimes involving sexual assault, trials are public. Defendants have
the right to be present at trials and to consult an attorney in a
timely manner. Attorneys are provided to indigent defendants.
Defendants can confront hostile witnesses and present other witnesses
and evidence. Defendants and their attorneys have access to government-
held evidence. Defendants enjoy a presumption of innocence and have a
right of appeal to higher courts.
The legal regime was complex and inconsistently applied, but the
Government adopted a new criminal procedure code and a penal code; the
latter came into force in June 2009. The criminal procedure code was
translated into Tetum (the language spoken most widely in the country),
but the Penal Code was available only in Portuguese.
The Court of Appeal operated primarily in Portuguese. The UN
regulations, many of which remained in force, were available in
English, Portuguese, Indonesian, and Tetum. Laws enacted by parliament,
intended to supplant Indonesian laws and UN regulations, were published
in Portuguese but were seldom available in Tetum. Litigants, witnesses,
and criminal defendants often were unable to read the new laws. Trials
are required to be conducted in Portuguese and Tetum. However, the
quality of translation provided in court varied widely, and
translations into Tetum were often incomplete summaries.
In July 2009 a witness protection law came into force, but
protection arrangements remained lacking. In many violent crimes,
witnesses were unwilling to testify because of the high potential for
retribution against them or their families. Court personnel also
reported increased concern regarding their own safety.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--Civil judicial procedures
were beset by the same problems encountered by the judicial system as a
whole. The ombudsman for human rights and justice can sue government
agencies/agents for alleged human rights abuses; however, the
ombudsman's approach has been to refer allegations of abuse to the
prosecutor general or the leadership of the PNTL or F-FDTL.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice.
A 2003 land law broadly defines what property belongs to the
Government and was criticized as disregarding many private claims. In
previous years the Government evicted persons from land identified as
state property at times with little notice and with no due process.
Section 2. Respect for Civil Liberties, Including:

Academic Freedom and Cultural Events.--The Government generally did
not restrict academic freedom or cultural events. Academic research on
Tetum and other indigenous languages must be approved by the National
Language Institute.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law on assembly and demonstrations establishes
guidelines to obtain permits to hold demonstrations and requires police
be notified four days in advance of any demonstration or strike. The
law also stipulates that demonstrations cannot take place within 100
yards of government buildings or facilities, diplomatic facilities, or
political party headquarters. In practice demonstrations were allowed
to take place without the requisite advance notification, and the 100-
yard regulation was rarely observed.

Freedom of Association.--The constitution provides for freedom of
association, and the Government generally respected this right in
practice. However, in the beginning of the year, there were accusations
that during the anti-``ninja'' activities (see section 1.c.), the PNTL
intimidated and asked members of CPD-RDTL to resign from the
organization.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

Internally Displaced Persons (IDPs).--In June 2009 the Government
formally closed the last of the IDP camps set up after the 2006
political crisis displaced an estimated 150,000 individuals. All
persons who remained in transitional shelters have returned home or
been resettled. The Ministry of Social Solidarity administered
reintegration assistance in coordination with local and international
NGOs.

Protection of Refugees.--The law provides for the granting of
asylum or refugee status, and the Government established a system for
providing protection to refugees. The Government granted refugee status
or asylum in the past; however, there were concerns that the country's
regulations governing asylum and refugee status may preclude genuine
refugees from proving their eligibility for such status. For example,
persons who wish to apply for asylum have only 72 hours to do so after
entry into the country. Foreign nationals already present in the
country have only 72 hours to initiate the process after the situation
in their home country becomes too dangerous for them to return safely.
A number of human rights and refugee advocates maintained that this
time limit contravened the 1951 Convention relating to the Status of
Refugees. These advocates also expressed concern that no written
explanation is required when an asylum application is denied. In
practice the Government provided protection against the expulsion or
return of refugees to countries where their lives or freedom would be
threatened on account of their race, religion, nationality, membership
in a particular social group, or political opinion.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--The president and
parliament were elected to a five-year mandate in generally free and
fair national elections in 2007. The Government headed by Prime
Minister Gusmao is a four-party coalition controlling 37 seats in the
65-seat parliament.
There were 19 women in parliament. Women held three senior
ministerial positions--finance, justice, and social solidarity--one
vice-minister position, and one secretary of state position.
The country's small ethnic minority groups were well integrated
into society. The number of members of these groups in parliament and
other government positions was uncertain.
Section 4. Official Corruption and Government Transparency
The law provides for criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
officials frequently engaged in corrupt practices. By law the
Anticorruption Commission is charged with leading national
anticorruption activities and has the authority to refer cases for
prosecution. The Anticorruption Commission was established in February,
taking responsibility for corruption cases from the Office of the
Ombudsman for Human Rights and Justice, and a commissioner was
appointed in March. At year's end the Commission had begun several
investigations.
The Ombudsman's Office transferred several high-profile corruption
cases to the Prosecutor General's Office, including accusations of
nepotism against the vice prime minister and the minister of foreign
affairs for employing the vice prime minister's wife at a Timorese
mission overseas. The Prosecutor General's Office submitted charges in
this case.
There were accusations of police corruption in the country. Some of
the accusations involved border police accepting bribes along the
extensive land borders with Indonesia, and police accepting bribes from
brothels that engaged in trafficking in persons.
On October 20, the Prosecutor General's Office brought charges
against four members of the PNTL for stealing money from funds set up
for the 2008 Anti-Rebels joint operations.
The country does not have financial disclosure laws. In 2009 Prime
Minister Gusmao demanded that all cabinet officials in his government
complete financial disclosure documents, but by year's end none had
done so.
The law stipulates that all legislation, Supreme Court decisions
(when the court is established), and decisions made by government
bodies must be published in the official gazette. If not published they
are null and void. Regulations also provide for public access to court
proceedings and decisions and the national budget and accounts. In
practice there were concerns that public access to information was
constrained. For example, the official gazette was published only in
Portuguese, although by law it is to be published in Tetum as well.
Moreover, its irregular publishing schedule and varying cost meant that
few journalists, public servants, or others had regular access to it or
knew how to access it. During the year, the official gazette became
available online.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. NGOs also played an
active role in assisting and advising in the development of the
country. The Government generally cooperated with these organizations,
but during the year there were instances of security authorities
preventing or resisting efforts to monitor human rights compliance.
UNMIT continued to play an important role in the country's
development and cooperated closely with the Government.
The Office of the Ombudsman is responsible for the promotion of
human rights and good governance. It has the power to investigate and
monitor human rights abuses and governance standards, and to make
recommendations to the relevant authorities. The Ombudsman's Office was
located in Dili, with satellite offices in Same, Bobonaro, Oecussi, and
Baucau. It had limited ability to conduct outreach or activities in
other districts. The Human Rights Monitoring Network, made up of 10
NGOs, closely cooperated with the ombudsman.
In July 2008 President Ramos-Horta and Indonesian President
Yudhoyono publicly accepted the bilateral Commission on Truth and
Friendship's (CTF) finding that gross human rights violations had been
committed during and after the 1999 independence referendum. The report
assigned ``institutional responsibility'' for such violations to the
Indonesian Armed Forces. Presidents Yudhoyono and Ramos-Horta also
accepted the report's other findings, conclusions, and recommendations.
Neither government pursued individuals responsible for abuses at this
time. In December 2009 parliament adopted a resolution acknowledging
the work and reports of the CTF and the Commission for Reception,
Truth, and Reconciliation. The resolution instructed that legislation
be drafted to implement the recommendations of the two reports and to
establish an autonomous body to carry them out. Parliament debated a
national reparations program and ``Institute for Memory'' during the
year, but at years' end, no legislation implementing the CTF
recommendations had been passed.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Government regulations prohibit all forms of discrimination.
Nonetheless, violence against women was a problem, and discrimination
against women, persons with disabilities, and members of minority
groups occurred.

Women.--Gender-based violence remained a serious concern. Although
rape is a crime, failures to investigate or prosecute cases of alleged
rape and sexual abuse were common, as were long delays. Authorities
reported that the backlog of court cases led some communities to
address rape accusations through traditional law, which does not always
provide justice to victims. The definition of rape under the Penal Code
appears broad enough to make spousal rape a crime, although that
definition had not been tested in the courts.
On May 3, the parliament passed the Law against Domestic Violence.
The law was enacted to provide protection and defense to vulnerable
groups including women, children, the elderly, and persons with
disabilities, against all forms of violence, exploitation,
discrimination, abandonment, oppression, sexual abuse, and
mistreatment.
Domestic violence against women was a significant problem often
exacerbated by the reluctance of authorities to respond aggressively.
Cases of domestic violence and sexual crimes generally were handled by
the PNTL's Vulnerable Persons Units (VPUs). Women's organizations
assessed VPU performance as variable, with some officials actively
pursuing cases and others preferring to handle them through mediation
or as private family matters. VPU operations were severely constrained
by lack of support and resources. Police at times came under pressure
from community members to ignore cases of domestic violence or sexual
abuse.
There was no law prohibiting sexual harassment, and sexual
harassment was reportedly widespread, particularly within some
government ministries and the police.
The Government recognized the right of couples and individuals to
decide freely and responsibly the number, spacing, and timing of their
children to have the information and means to do so free from
discrimination, coercion, and violence. Women's access to family
planning information, education, and supplies was limited principally
by economic considerations. Contraceptive use was low, although the
Ministry of Health and NGOs promoted both natural and modern family
planning methods, including the distribution of intrauterine devices,
injectable contraceptives, and condoms. The results of a Demographic
and Health survey released during the year indicated significant
improvements in mortality rates, but adult women continued to suffer
from higher mortality than men and 42 percent of such deaths were
associated with pregnancy and childbirth. According to 2008 estimates
by the UN Population Fund, the maternal mortality rate in the country
was 370 deaths per 100,000 live births. Thirty percent of women had
skilled attendance during childbirth, 61 percent of mothers received
antenatal care from a medical professional, and only 32 percent of
mothers received postpartum care. Both women and men had equal access
to diagnostic and treatment services for sexually transmitted
infections, including HIV.
Some customary practices discriminate against women. For example,
in some regions or villages where traditional practices hold sway,
women may not inherit or own property. Traditional cultural practices,
such as payment of a bride price and occasionally polyandry, also
occurred. Women were also disadvantaged in pursuing job opportunities
at the village level.
The constitution guarantees equal rights to own property.
Parliament debated a national land law, which included more specific
rights for women's ownership of land, but at year's end, no land law
legislation was passed.
The Secretary of State for the Promotion of Equality in the Prime
Minister's Office is responsible for the promotion of gender equality.
UNMIT's Gender Affairs Unit also monitored discrimination against
women. Women's NGOs worked under an umbrella organization called Rede
Feto (Women's Network). Rede Feto coordinated the work of NGOs working
on women's issues and provided input to draft legislation on women's
issues, such as the recent Law on Domestic Violence. The Secretary of
State for the Promotion of Equality and the Advisor to the Prime
Minister for Civil Society both coordinated and supported the work of
Rede Feto.
Women's organizations offered some assistance to female victims of
violence, including shelters for victims of domestic violence and
incest, a safe room at the national hospital for victims of domestic
violence and sexual assault, and escorts to judicial proceedings.
In November the country submitted its candidacy as a member of the
UN Women Executive Board.

Children.--Children acquire citizenship both through birth within
the territory of the country and by having a citizen parent. A Central
Civil Registry registers a child's name at birth and issues birth
certificates. The rate of birth registration was low.
The constitution stipulates that primary education shall be
compulsory and free; however, no legislation has been adopted
establishing the minimum level of education to be provided, nor has a
system been established to ensure provision of free education.
According to UN statistics, approximately 20 percent of primary school-
age children nationwide were not enrolled in school; the figures for
rural areas were substantially higher than those for urban areas.
In rural areas heavily indebted parents sometimes provided their
children as indentured servants as a way to settle the debt. If the
child was a girl, the receiving family could also demand any dowry
payment normally owed to the girl's parents.
There is no clearly defined age below which sex is by definition
nonconsensual. Violence against children and child sexual assault was a
significant problem. Some commercial sexual exploitation of minors
occurred. The Penal Code describes a vulnerable victim for purposes of
rape as a ``victim aged less than 17 years'' and provides an aggravated
sentence. The Penal Code separately addresses ``sexual abuse of a
minor,'' which is described as one ``age less than 14 years,'' and also
separately addresses ``sexual acts with an adolescent,'' which it
defines as ``a minor aged between 14 and 16 years.'' The Penal Code
also makes both child prostitution and child pornography crimes and
defines a ``child'' for purposes of those provisions as a ``minor aged
less than 17 years.'' The Penal Code also criminalizes abduction of a
minor, although it does not define what constitutes a minor for
purposes of that section.
In September 2009 the Prime Minister's office established the
Timor-Leste National Commission on Child Rights. The commission is
mandated to promote, defend, and monitor child rights.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--There was no indigenous Jewish population, and
there were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--Although the constitution protects the
rights of persons with disabilities, the Government has not enacted
legislation or otherwise mandated accessibility to buildings for
persons with disabilities, nor does the law prohibit discrimination
against persons with physical, sensory, intellectual, and mental
disabilities. There were no reports of discrimination against persons
with disabilities in employment, education, or the provision of other
state services; however, in many districts children with disabilities
were unable to attend school due to accessibility problems.
Training and vocational initiatives did not address the needs of
persons with disabilities. In the past some persons with mental
disabilities faced discriminatory or degrading treatment due in part to
a lack of appropriate treatment resources or lack of referral to
existing resources; it was not clear whether this situation had
improved. Mentally ill persons were imprisoned with the general prison
population and were denied needed psychiatric care. An office in the
Ministry of Social Solidarity was responsible for protecting the rights
of persons with disabilities. Persons with disabilities are eligible
for monthly special monetary stipends through the Ministry of Social
Solidarity.

National/Racial/Ethnic Minorities.--Although tensions between
persons from the eastern districts (Lorosae) and persons from the
western districts (Loromonu) contributed to the 2006 political crisis,
such tensions appeared to be greatly reduced and no specific incidents
were observed during the year.
Relations were generally good between the ethnic majority and
members of several small ethnic minority groups including ethnic
Chinese (who constitute less than 1 percent of the population) and
ethnic-Malay Muslims.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law makes no reference to
homosexual activity. Gays and lesbians were not highly visible in the
country, which was predominantly rural, traditional, and religious.
According to the East Timor Law and Justice Bulletin (ETLJB), the
principal international NGO that runs an HIV-AIDS transmission
reduction program excludes gays from its program. Aside from the ETLJB
report, there were no formal reports of discrimination based on sexual
orientation, due in part to limited awareness of the issue and a lack
of formal legal protections.

Other Societal Violence or Discrimination.--There were no formal
reports of discrimination based on HIV/AIDS status.
Section 7. Worker Rights

a. The Right of Association.--The country has a labor code based on
the International Labor Organization's standards. The law permits
workers to form and join worker organizations without prior
authorization. Unions may draft their own constitutions and rules and
elect their representatives; however, attempts to organize workers
generally were slowed by inexperience, a lack of organizational skills,
and the fact that more than 80 percent of the workforce was in the
informal sector. There are official registration procedures for trade
unions and employer organizations. At year's end the Government began
compiling data on the percentage of unionized workers in the formal
sector.
While the law prohibits dismissal for union activity, it also
allows for financial compensation in lieu of reinstatement, thus
partially weakening the protection against employers' interference.
The law provides for the right to strike, but few workers exercised
this right during the year. The law on assembly and demonstrations
could be used to inhibit strikes but was not used in this way.
The law prohibits foreigners from participating in the
administration of trade unions.

b. The Right to Organize and Bargain Collectively.--While
collective bargaining is permitted by law, workers generally had little
experience negotiating contracts, promoting worker rights, or engaging
in collective bargaining and negotiations. The Ministry of Social
Solidarity is the Government agency charged with labor dispute
settlement.
There are no formal export processing zones.

c. Prohibition of Forced or Compulsory Labor.--Government
regulations prohibit forced or compulsory labor, and there were reports
that such practices occurred. Men from Burma were subjected to
conditions of forced labor in construction and other industries, while
men from Cambodia and Thailand were forced to toil on fishing boats
under harsh working conditions, and with poor food and no access to
medical care. Also see the Department of State's annual Trafficking in
Persons Report at https//www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law generally prohibits children under 18 from working; however, there
are circumstances under which children between the ages of 15 and 18,
as well as children under 15, can work. The minimum age does not apply
to family-owned businesses, and many children worked in the
agricultural sector. Child labor in the informal sector was a major
problem. In practice enforcement of the labor code outside of Dili was
limited.

e. Acceptable Conditions of Work.--The law does not stipulate a
minimum wage. The law provides for a standard workweek of 40 hours,
standard benefits such as overtime and leave, and minimum standards of
worker health and safety. The Ministry of Social Solidarity is
responsible for enforcing the labor code. A National Labor Board and a
Labor Relations Board exist, and there are no restrictions on the
rights of workers to file complaints and seek redress. Workers have the
right to remove themselves from hazardous conditions without
jeopardizing employment; however, it was not clear whether they could
avail themselves of this right in practice.

__________

TONGA

The Kingdom of Tonga is a constitutional monarchy with a population
of approximately 120,900. Political life is dominated by King Siaosi
(George) Tupou V, the nobility, and a few prominent commoners.
Parliamentary elections held November 25 were deemed generally free and
fair. On December 21, Parliament elected nobles' representative Lord
Tu'ivakano as prime minister. A state of emergency declared following a
2006 riot in the capital of Nuku'alofa remained in effect during the
year but limited in scope to Nuku'alofa. Security forces reported to
civilian authorities.
The king's June replacement of the Judicial Services Commission
with a royally appointed lord chancellor for appointing judges raised
concerns about the continued independence of the judiciary. The
Government at times restricted media coverage of certain political
topics. Government corruption was a problem, and domestic violence and
discrimination against women continued.
The aristocracy-dominated political system was democratized during
the year with the November parliamentary elections, in which for the
first time a majority of members were popularly elected in accordance
with political reforms promulgated in 2009.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and the Government
generally respected these prohibitions in practice.

Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards. The Government
permitted monitoring visits by international human rights observers,
but there were no such visits during the year.
At year's end the country's four prisons and other detention
facilities--located on the main islands of Tongatapu, Vava'u, Ha'apai,
and 'Eua--held a total of 159 inmates, including pretrial detainees. Of
these, seven were women and 22 were juveniles (defined as under age
20). A breakdown between the number of convicted prisoners and the
number of pretrial detainees was not available. There were 103 male and
seven female inmates in Tongatapu Prison, four additional prisoners who
lived and worked on the prison's animal farm, and one person held in a
police cell on Tongatapu. There were 14 inmates on Vava'u, 13 on
Ha'apai, and 17 on 'Eua--all male. The maximum prison capacity was 132
persons on Tongatapu, 14 on Vava'u, 13 on Ha'apai, and 30 on 'Eua.
Prisoners had reasonable access to visitors and were permitted
religious observance. The authorities permitted prisoners to submit
complaints without censorship to the prison officer-in-charge, who then
forwarded them to the commissioner of prisons for review and action. At
least once every quarter, a group of three to five persons called
``visiting officers,'' chosen by the cabinet and normally including a
police magistrate, a physician, and a clergyman, visited the prisons to
hear any prisoner complaints or grievances. Prisoners also are
permitted to submit complaints to judicial authorities.
The country does not have an ombudsman who can serve on behalf of
prisoners and detainees to consider such matters as alternatives to
incarceration for nonviolent offenders to alleviate overcrowding;
addressing the status and circumstances of confinement of juvenile
offenders; or improving pretrial detention, bail, and recordkeeping
procedures to ensure that prisoners do not serve beyond the maximum
sentence for the charged offense. However, overcrowding was not a
problem during the year, and the authorities maintained a tracking
system to ensure that prisoners were not held beyond the maximum
sentence for their offense.

d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions.

Role of the Police and Security Apparatus.--The security apparatus
consists of the Tonga Defense Services (TDS) and a police force. The
minister of defense controls the TDS, which is responsible for external
security and, under the state of emergency, shared domestic security
duties with the police.
The minister of police and prisons directs the police force of
approximately 405 persons. There were no reports of police impunity
during the year. Public complaints against the police are referred to a
specific police office that conducts internal investigations and, if
necessary, convenes a police tribunal. Entry-level police training
included training on corruption, ethics, transparency, and human
rights.

Arrest Procedures and Treatment While in Detention.--The law
provides for the right to judicial determination of the legality of
arrest, and this was observed in practice during the year. Under normal
circumstances police have the right to arrest detainees without a
warrant, but detainees must be brought before a local magistrate within
24 hours. In most cases magistrates set bail. The law permits unlimited
access by counsel and family members to detained persons. Indigent
persons could obtain legal assistance from the community law center
(CLC). However, the CLC did not have a dedicated source of funding
during the year and was dependent on donations.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice. The highest-ranking judges historically have
been foreign nationals from the British Commonwealth legal tradition.
In June the king announced that the appointment of judges would
hereafter be handled by a lord chancellor appointed by the monarch in
place of the Judicial Services Commission, which the king disbanded.
The lord chancellor also has authority to investigate complaints
against judges, which previously rested with the Judicial Services
Commission. The change ostensibly was made to insulate judicial
appointments from parliamentary influence. Opponents of the change
asserted it would compromise the independence of the judiciary.
A number of controversial changes were made in the judiciary during
the year. In December 2009 the cabinet reportedly decided not to renew
the chief justice's contract; he left office in August. His departure
was followed by the contentious departure, also in August, of Acting
Chief Justice Warwick Andrew, who claimed he was prevented from
completing the remaining one month of his term. The Government denied
this, stating that Andrew was granted early leave that he had
requested. These departures left the judiciary with only one sitting
judge and one magistrate until newly appointed Chief Justice Michael
Scott began his term in September. Subsequently, two additional
magistrates were appointed to the Tongatapu courts to manage a backlog
of cases that arose due to the availability of only one sitting
magistrate, whose death in September created even more delays in court
processes.

Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
Trials are public, and defendants have the option to request a seven-
member jury. Defendants are presumed innocent, may question witnesses
against them, and have access to government-held evidence. They have
the right to be present at their trials and to consult with an attorney
in a timely manner. Public defenders are not provided, but the CLC
provided free legal advice and representation in court. Local lawyers
occasionally took pro bono cases. Defendants have the right of appeal.
The law extends these rights to all citizens.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. Any violation of a human
right provided for in the law can be addressed in the courts.

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, but the Government did not always
respect these rights in practice.
In May the Government withdrew a charge against member of
Parliament Clive Edwards for ``speaking seditious words'' at a
prodemocracy rally in 2006.
Media outlets reported on political developments and high-profile
court cases but exercised self-censorship regarding high-profile
individuals. Since the political campaigns of 2008, the Government-
owned Tonga Broadcasting Commission (TBC)'s board has directed that all
programming be reviewed by TBC board-appointed censors prior to
broadcast.
In December the Ministry of Information ordered the FM 88.1 radio
station to cease broadcasting, on the grounds that it was broadcasting
without a license. The station had been operating under a license owned
by publisher Kalafi Moala, who reportedly withdrew the license after
receiving complaints from the ministry about the station's political
reporting. The station's owner denied that its reporting was partisan
and asserted that the Government was attempting to hinder public
discussion about the negotiations to form a new government after the
November elections.
Media access to parliamentary debates remained restricted; however,
the debate minutes were available publicly online a day after the
debates. The Government lifted these restrictions to allow the media to
cover Parliament's election of a new prime minister in December.
However, some prodemocracy media complained that their reporters were
not invited to the new prime minister's installation ceremony, although
other media representatives were invited.
Privately owned media carried reports about internal government
changes and policies, and letters to the editor continued to be a
favorite venue for citizens to air criticisms and concerns about the
country's direction. From time to time, private media carried comments,
including some by prominent citizens, critical of government practices
and policies.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly, and the
Government generally respected this right in practice. Revised
emergency powers regulations, issued in September 2008 and renewed
every 30 days thereafter, do not explicitly prohibit public meetings or
gatherings.
By year's end all court cases involving persons charged with
offenses relating to the 2006 riot in Nuku'alofa had been resolved.

Freedom of Association.--The constitution provides for freedom of
association, and the Government generally respected this right in
practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and prior to the declaration of a state of emergency in
2006, the Government generally respected these rights in practice. The
continuing emergency powers regulations authorized the police and
military to restrict free movement in and around a ``proclaimed area''
of Nuku'alofa, but these restrictions were rarely enforced.
The need did not arise during the year for cooperation with the UN
High Commissioner for Refugees or other humanitarian organizations in
providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law does not prohibit forced exile, but the Government did not
employ it in practice.

Protection of Refugees.--The country is not a party to the 1951
Convention relating to the Status of Refugees or the 1967 Protocol
relating to the Status of Refugees. Its laws do not provide for the
granting of asylum or refugee status, and the Government has not
established a system for providing protection to refugees. In principle
the Government provided protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened
on account of their race, religion, nationality, membership in a
particular social group, or political opinion, but no persons were
known to have applied for refugee status or temporary protection during
the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
During the year the Government implemented political reforms
approved by Parliament in 2009. The number of popularly elected members
of the unicameral Parliament was increased to a majority of 17 out of
26; the remaining nine MPs are nobles elected by their peers.
Parliament elects the prime minister, who appoints the cabinet; up to
four cabinet members may be selected from outside Parliament. Prior to
the reforms, only nine of 30 MPs were popularly elected, with nine
elected by the nobles and the remainder appointed by the king; the king
also appointed the prime minister and cabinet. Cabinet members and
nobles often voted as a bloc.
Although, under the reforms, the majority of MPs are chosen by
popular vote, the king retains significant powers, such as that to
withhold his assent to laws and to dissolve Parliament.

Elections and Political Participation.--Citizens 21 years or older
and resident in the country may vote. The most recent parliamentary
elections, held November 25, were deemed generally free and fair and
resulted in a strong showing for prodemocracy candidates, who won 12 of
the 17 popularly elected seats. However, five popularly elected MPs
joined with the nine nobles to elect a noble, Lord Tu'ivakano, as prime
minister.
Nobles and cabinet members associated with the royal family have
traditionally dominated the Parliament and government. For several
decades a democracy movement has been building, and since 2005 three
pro-reform political parties have been registered.
There was one woman in the 30-member Parliament prior to the
November election. No women were elected to the new Parliament in
November. A woman may become queen, but the constitution forbids a
woman to inherit hereditary noble titles or become a chief.
There were no members of minorities in the Government.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption. The
Government generally implemented the law, but officials often engaged
in corrupt practices with impunity, and corruption remained a serious
problem. In February 2008 the Office of the Auditor General began
reporting to Parliament directly, instead of to the prime minister. The
Office of the Anti-Corruption Commissioner is empowered to investigate
official corruption.
There were unconfirmed reports of government corruption during the
year. Incidents of bribe taking and other forms of corruption in the
police force reportedly occurred. Government preferences appeared to
benefit unfairly businesses associated with government officials,
nobles, and the royal family. There is no law requiring financial
disclosure for public officials. The royal family continued to exert
significant influence over public finances.
The law does not specifically allow for public access to government
information, and such access was a problem, especially when the
Government deemed the information sensitive.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Domestic and international human rights groups generally operated
without government restriction, investigating and publishing their
findings on human rights cases. Government officials were fairly
cooperative and responsive to their views.
Government offices include a commission on public relations that
investigates and seeks to resolve complaints about the Government.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law confirms the special status of members of the royal family
and the nobility. While social, cultural, and economic facilities were
available to all citizens regardless of race and religion, members of
the hereditary nobility had substantial advantages, including control
over most land and a generally privileged status.

Women.--Rape is punishable by up to 15 years' imprisonment. The law
does not recognize spousal rape. The incidence of rape appeared to be
infrequent, although there were no reliable statistics. Rape cases were
investigated by the police and prosecuted under the penal code. Police
received two reports of rape during the year. One nongovernmental
organization (NGO) reported receiving three reports of rape.
The Police Domestic Violence Unit, together with various NGOs,
including the National Center for Women and Children, the Women and
Children Crisis Center, and the Salvation Army, conducted public
awareness and prevention campaigns against domestic violence.
Statistics compiled by the National Center for Women and Children and
the Women and Children Crisis Center indicated that more than 600
persons sought assistance from these organizations during the year. Of
these, 79 percent were women, and 14 percent were children. Domestic
violence was the leading complaint for women, while neglect and
physical abuse were the leading reasons for seeking assistance for
children.
The law does not address domestic violence specifically, but
domestic violence can be prosecuted under laws against physical
assault. The Police Domestic Violence Unit has a ``no drop'' policy in
complaints of domestic assault, and these cases proceed to prosecution
in the Magistrate's Court. The no drop policy was introduced in 2009
because many women were reluctant to press charges against their
spouses due to cultural constraints. Police received 174 domestic
assault reports during the year. Following reports of abuse, victims
received counseling from Police Domestic Violence Unit officers.
Perpetrators were also provided counseling. The police worked with the
National Center for Women and Children as well as the Women and
Children Crisis Center to provide shelter for abused women. The Free
Wesleyan Church operated a hotline for women in trouble, and the
Salvation Army provided counseling and rehabilitation programs.
Sexual harassment is not a crime, but physical sexual assault can
be prosecuted as indecent assault. Sexual harassment of women sometimes
occurred, based on complaints received by the Police Domestic Violence
Unit.
Couples and individuals have the right to decide freely and
responsibly the number, spacing, and timing of their children. Public
hospitals and health centers and a regional NGO's clinic provided free
information about and access to contraception. According to indicators
published by the Population Research Bureau (PRB), an estimated 23
percent of married women ages 15-49 used modern contraceptive methods.
Under a Ministry of Health policy, a woman is not permitted to undergo
a tubal ligation at a public hospital without the consent of her
husband or, in his absence, her male next of kin. Public hospitals and
health centers provided free prenatal, obstetric, and postpartum care.
According to PRB indicators, skilled health personnel attended an
estimated 95 percent of births. According to Ministry of Health data,
in 2007 (the latest figure available) the estimated maternal mortality
ratio was 37 deaths per 100,000 live births. Women and men received
equal access to diagnosis and treatment for sexually transmitted
infections, including HIV.
Inheritance laws, especially those concerned with land,
discriminate against women. Women can lease land, but inheritance
rights pass through the male heirs. Under the inheritance laws, the
claim to a father's estate by a male child born out of wedlock takes
precedence over the claim of the deceased's widow or daughter. If there
are no male relatives, a widow is entitled to remain on her husband's
land as long as she does not remarry or engage in sexual intercourse.
The Office of Women within the Ministry of Education, Women, and
Culture is responsible for facilitation of development projects for
women. During the year the office assisted women's groups in setting up
work programs.
There were no reports of discrimination against women compared with
men in the terms of employment, including types of work, hours worked,
or pay. Women who rose to positions of leadership often had links with
the nobility. Some female commoners held senior leadership positions in
business and government, including that of governor of the Reserve
Bank.
The National Center for Women and Children and the Women and
Children Crisis Center focused on domestic abuse and improving the
economic and social conditions of women. Both offered counseling to
women in crisis, and the Women and Children Crisis Center operated a
safehouse for women and children. Other NGOs, including Ma'a Fafine Moe
Famili (For Women and Families, Inc.) and the Tonga National Women's
Congress, promoted human rights, focusing on the rights of women and
children. Several religiously affiliated women's groups also advocated
for women's legal rights.

Children.--Birth in the country does not confer citizenship.
Citizenship is derived from one's parents or from the citizen parent if
only one parent is a citizen.
According to Police Domestic Violence Unit statistics, during the
year there were 22 reports of assaults on children up to age 18, two of
which involved children age 10 or younger. One person was sentenced to
life imprisonment for manslaughter in the 2009 death of a four-year-old
child, but in October the Appeals Court ordered a retrial on grounds of
miscarriage of justice. The retrial was pending before the Supreme
Court at year's end.
The minimum age for consensual sex is 16 years. Violators may be
charged with indecent assault on a female, which carries a maximum
penalty of two years' imprisonment; indecent assault of a child carries
a maximum sentence of five years. A separate provision of law prohibits
carnal knowledge of a girl under age 12, with a maximum penalty of life
imprisonment. The law also prohibits child pornography, with penalties
of a fine of up to 100,000 pa'anga (approximately $53,475) or up to 10
years' imprisonment for individuals and a fine of up to 250,000 pa'anga
(approximately $133,700) for corporations.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental abduction, please see the Department of State's
annual report on compliance at http://travel.state.gov/abduction/
resources/congressreport/congressreport--4308.html.

Anti-Semitism.--There was no known resident Jewish community, and
there were no reports of anti-Semitic acts.

Trafficking in Persons.--In 2009 there were no confirmed reports
that persons were trafficked to, from, or within the country.

Persons With Disabilities.--There are no legally mandated
provisions for services for persons with physical, sensory,
intellectual, or mental disabilities. There were no formal complaints
of discrimination in employment, education, and provision of other
government services. However, there were no programs to ensure access
to buildings for persons with disabilities, and in practice most
buildings were not accessible. There also were no programs to ensure
access to communications and information for persons with disabilities.
The Tonga Red Cross Society operated a school for children with
disabilities and conducted occasional home visits. A Ministry of
Education pilot program, which began in 2007, continued during the year
to assimilate children with disabilities into primary schools. The
queen mother ran a center providing accommodation and meals for adults
with disabilities. There was an NGO advocating on behalf of persons
with disabilities.
There was no specific government agency with responsibility for
protecting the rights of persons with disabilities.

National/Racial/Ethnic Minorities.--According to the Ministry of
Labor, Commerce, and Industries, ownership and operation of food retail
stores in the country has been legally restricted to citizens since
1978. Despite this policy the retail sector in many towns was dominated
by Chinese nationals, who also moved into unrestricted sectors of the
economy. There were reports of crime and societal discrimination
targeted at members of the Chinese minority.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Sodomy is illegal, with a
maximum penalty of 10 years' imprisonment, but there were no reports of
prosecutions directed at lesbian, gay, bisexual, or transgender persons
under this provision. Persons who engaged in openly homosexual behavior
faced societal discrimination. There were no reports of violence
against persons based on sexual orientation or gender identity.

Other Societal Violence or Discrimination.--There were no reports
of discrimination or violence against persons based on HIV/AIDS status.
Section 7. Worker Rights

a. The Right of Association.--Workers gained the right to form
unions under the 1964 Trade Union Act, but regulations on the formation
of unions were never promulgated, and there were no official unions. An
estimated 35 percent of the population were wage earners, of whom
approximately 65 percent worked in the agricultural sector. The
Friendly Islands Teachers Association and the Tonga Nurses Association
were incorporated under the Incorporated Societies Act; however, they
have no formal bargaining rights under the act. The Public Servants
Association (PSA) acted as a de facto union representing all government
employees.
The Trade Union Act provides workers with the right to strike, but
implementing regulations were never formulated. There have been
strikes, but none took place during the year.

b. The Right to Organize and Bargain Collectively.--The law permits
collective bargaining, but there were no implementing regulations, and
collective bargaining was not known to take place in practice.
There was no dispute resolution mechanism in place specifically for
labor disputes, although persons could take their cases to court. In
January an out-of-court settlement was recorded in the PSA's suit
against the Government relating to the firing of the PSA secretary from
her government job in 2007; the details were not made public.
There are no special laws or exemptions from regular labor laws in
the two small export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, and there were no reports that such
practices occurred among citizens. There were anecdotal reports that
some foreign workers may have been coerced into forced labor.

d. Prohibition of Child Labor and Minimum Age for Employment.--
Although there is no legislation prohibiting child labor, the practice
did not exist in the wage economy. According to the National Center for
Women and Children and other NGOs, some school-age children were
working in the informal sector in traditional family activities such as
subsistence farming and fishing.

e. Acceptable Conditions of Work.--There is no minimum wage law,
although there are government guidelines for wage levels set by the
Ministry of Labor, Commerce and Industries. According to the Asian
Development Bank, 23 percent of workers in 16 communities surveyed in
2005 earned less than 29 pa'anga (approximately $16) per week, which
did not provide a decent standard of living for a worker and family.
Government workers received pay raises in 2009, and their salaries
generally were sufficient to provide a decent standard of living for a
worker and family.
Labor laws and regulations, enforced by the Ministry of Labor,
Commerce, and Industries, limited the workweek to 40 hours. The
ministry enforced laws and regulations in the wage sector of the
economy, particularly on the main island of Tongatapu, but enforcement
in the agricultural sector and on the outer islands was less
consistent.
Few industries exposed workers to significant danger, and
industrial accidents were rare. Workers have the right to remove
themselves from situations that endangered health or safety without
jeopardy to their employment; however, the authorities seldom enforced
this right.

__________

TUVALU

Tuvalu is a parliamentary democracy with a population of
approximately 11,100. In September citizens elected a 15-member
unicameral Parliament in generally free and fair elections. There were
no formal political parties. Following the elections a loose coalition
of eight members of Parliament formed a new government and selected
Maatia Toafa as prime minister. In December Parliament ousted Toafa in
a vote of no confidence and selected Willy Telavi, Toafa's former
health minister, as the new prime minister. Security forces reported to
civilian authorities.
Few human rights problems were reported, but there were concerns
that traditional customs and social patterns led to and perpetuated
religious and social discrimination, including discrimination against
women. Domestic violence also was a problem.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices, and there were
no reports that government officials employed them.
Local hereditary elders exercise traditional discretionary
punishment and disciplinary authority. This includes the right to
inflict corporal punishment for infringement of customary rules, which
can be at odds with national law. However, during the year there were
no reports of such corporal punishment.

Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, and the
Government permitted visits by local church representatives. The
Government permitted visits by independent human rights observers, but
there were no such visits during the year.
As of October the prison system held seven convicted prisoners and
one pretrial detainee, all male. The pretrial detainee was held in a
separate facility from the prisoners. There were no juvenile offenders
(defined as those under age 18) in custody.
Prisoners had reasonable access to visitors and were permitted
religious observance. A government doctor provided medical treatment
for prisoners. Prisoners were permitted to submit complaints without
censorship through the Office of the Peoples' Lawyer. During the year
the Government did not investigate or monitor prison conditions and did
not receive any complaints or allegations of inhumane prison
conditions.
The country does not have an ombudsman who can act on behalf of
prisoners and detainees.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the national police service, and the
Government has effective mechanisms to investigate and punish police
abuse and corruption. There were no reports of impunity involving the
security forces during the year.

Arrest Procedures and Treatment While in Detention.--The law
permits arrests without warrants if a police officer witnesses the
commission of an unlawful act or has ``reasonable suspicion'' that an
offense is about to be committed. Police estimated that the majority of
arrests were of this type. Police may hold a person arrested without a
warrant for no more than 24 hours without a hearing before a
magistrate. When a court issues an arrest warrant, the maximum
permissible detention time before a hearing must be held is stated on
the warrant and normally is one to two weeks.
There was a functioning system of bail. Arrested persons generally
were promptly informed of the charges against them, although
bureaucratic delays sometimes occurred because persons charged with
serious offenses to be tried in the High Court must wait for its
semiannual session. Detainees had prompt access to family members. A
``people's lawyer'' (public defender) was available free of charge for
arrested persons and other legal advice. Persons on the outer islands
did not have ready access to legal services, however, as the people's
lawyer was based on the main island of Funafuti and infrequently
traveled to the outer islands. The country had no attorneys in private
practice.

e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.

Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right. Procedural
safeguards are based on British common law. The law provides for a
presumption of innocence. Judges conduct trials and render verdicts;
there are no juries. Trials are public and defendants have the right to
be present. Defendants have the right to be informed of the nature of
the offenses with which they are charged, to consult with an attorney
in a timely manner, and to have access to an independent public
defender. They also have the right to confront witnesses, present
evidence, and appeal convictions. The law extends these rights to all
citizens. Since 2008 the number of backlogged cases awaiting trial both
on Funafuti and the outer islands decreased significantly.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. Individuals may bring
lawsuits seeking damages for, or cessation of, human rights violations.

a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
rights in practice.
Although there were no government restrictions, there were no
private, independent media. The Government's Media Department
controlled the country's sole radio station.
There was no domestic television broadcast. Those few who could
afford it received international satellite television broadcasts. DVDs
and videotapes circulated freely and were widely available.
International media were allowed to operate freely.

Internet Freedom.--There were no government restrictions on access
to the Internet and no reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail. In 2009 the
International Telecommunication Union reported that approximately 43
percent of the country's inhabitants used the Internet. The relative
lack of telecommunications infrastructure and high cost restricted
public access to the Internet beyond the capital island of Funafuti.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the Government generally
respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom report at
www.state.gov/g/drl/irf/rpt.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, but the Government has not
established a system for providing protection to refugees. During the
year there were no applications for refugee resettlement, asylum, or
protection against expulsion or return of refugees to countries where
their lives or freedom would be threatened on account of their race,
religion, nationality, membership in a particular social group, or
political opinion.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--The September general
elections were generally free and fair. An eight-member majority of the
newly elected Parliament selected Maatia Toafa as prime minister. In
December Parliament ousted Toafa in a no-confidence vote and selected
Willy Telavi, the former health minister in Toafa's government, as the
new prime minister.
There were no formal political parties; instead, Parliament tended
to divide between an ad hoc faction with at least the necessary eight
votes to form a government and an informal opposition faction.
Participation by women in government and politics was limited,
largely due to traditional perceptions of women's role in society.
There were no women in the 15-member Parliament. One woman served as a
cabinet minister.
There were no members of minorities in Parliament or the cabinet.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for some forms of official
corruption, such as theft; however, laws against corruption are weak.
There was a widespread public perception that government transparency
and accountability needed further improvement. While the Government
enacted a ``leadership code'' in 2007 that outlines standards of
conduct for government officials, as of year's end it was not
implemented. Concerns remained that public funds sometimes were
mismanaged and that government officials sometimes benefited unfairly
from their positions, particularly in regard to overseas travel and
related payments and benefits.
The law provides for annual, public ministerial reports, but
publication was spotty and often nonexistent. The Auditor General's
Office, responsible for providing government oversight, was
underfunded. Public officials were not subject to financial disclosure
laws.
Since 2009, together with Nauru and Kiribati, the country has
participated in a subregional audit support program, an initiative of
the Pacific Association of Supreme Audit Institutions, with the goal of
enabling public accounts to be audited to uniformly high standards in a
timely manner.
There is no law providing for public access to government
information. In practice the Government was somewhat cooperative in
responding to individual requests for such information.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were no local NGOs focused entirely on human rights, although
there were no known barriers to their establishment. Some human rights
advocates, such as the Tuvalu National Council of Women, operated under
the auspices of the Tuvalu Association of Nongovernmental
Organizations, which was composed primarily of religious organizations.
The people's lawyer monitored sentencing, equality before the law, and
human rights issues in general. This institution, which at times was
critical of the Government, nonetheless was supported by the
Government, which frequently sought its advice. The few other local
organizations involved in human rights issues generally operated
without government restriction, investigating and publishing their
findings on human rights cases. However, opportunities to publicize
such information locally were severely limited due to the lack of local
print and electronic media. Government officials were somewhat
cooperative and responsive to local organizations' views.
The Government cooperated with international governmental
organizations and permitted visits by UN representatives or other
organizations.
Although the country does not have a human rights ombudsman,
persons can raise human rights concerns and complaints with the Office
of the People's Lawyer.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination on the basis of race, color, and
place of origin, and the Government generally enforced these
prohibitions. In 2005 the High Court stated that the omission of gender
as a basis of discrimination in the constitution was deliberate, and
there is no constitutional protection against sex discrimination.

Women.--Rape is a crime punishable by a minimum sentence of five
years' imprisonment, but spousal rape is not included in the legal
definition of this offense. There were both arrests and trials for
rape-related offenses during the year. The High Court convicted one
defendant of rape and sentenced him to seven years' imprisonment. A
second rape case was scheduled for trial in March 2011.
The law does not specifically address domestic violence, and the
issue was not a source of broad societal debate. Acts of domestic
violence were prosecuted under the assault provisions of the penal
code. The maximum penalty for common assault is six months'
imprisonment, and for assault with actual bodily harm, five years'
imprisonment. A 2007 demographic and health survey conducted by the
Secretariat of the Pacific Community reported that approximately 47
percent of the women surveyed had experienced some type of violence in
their lifetime. Nine percent experienced sexual violence, 25 percent
experienced other physical violence, and a further 12 percent were
victims of both sexual and other physical violence. Human rights
observers criticized the police for seeking to address violence against
women using traditional and customary methods of reconciliation rather
than criminal prosecution. There were no shelters or hotlines for
abused women.
The law does not specifically prohibit sexual harassment but
prohibits indecent behavior, which includes lewd touching. Sexual
harassment was not widely reported.
Couples and individuals have the right to decide freely the number,
spacing, and timing of their children, and have the means and
information to do so free from discrimination, coercion, and violence.
The nongovernmental Tuvalu Family Health Association provided
information and education about, and access to, contraception.
According to indicators published by the Population Research Bureau, an
estimated 29 percent of married women ages 15-49 used modern
contraceptive methods. Government hospitals also offered family
planning services and provided free prenatal, obstetric, and postnatal
care. Virtually all births were attended by skilled health personnel,
and maternal mortality was reported to be at zero since 2004. Women and
men received equal access to diagnosis and treatment of sexually
transmitted infections, including HIV.
There remained some areas in which the law contributes to an
unequal status for women, such as land inheritance rights and child
custody rights. In practice women held a subordinate societal position,
constrained both by law in some instances and by traditional customary
practices. Nonetheless, women increasingly held positions in the health
and education sectors, headed a number of NGOs, and were more active
politically. In the wage economy, men held most higher-paying
positions, while women held the majority of lower-paying clerical and
retail positions.

Children.--Citizenship is derived through one's parents.
The Government did not compile child-abuse statistics, and there
were no reported cases of child abuse or child prostitution during the
year. However, anecdotal evidence indicated that child abuse occurred.
Corporal punishment, in the form of strokes of a cane or paddle, was
common in schools.
The age of consent for sexual relations is 15. Sexual relations
with a girl below age 13 are punishable by up to life imprisonment.
Sexual relations with a girl older than age 12 but younger than age 15
are punishable by up to five years' imprisonment. The victim's consent
is irrelevant under both these provisions; however, in the latter case,
reasonable belief that the victim was 15 or older is a permissible
defense. There is no specific provision of law pertaining to child
pornography.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--There was no known Jewish community and no reports
of anti-Semitic acts.

Trafficking in Persons.--In 2009 there were no confirmed reports
that persons were trafficked to, from, or within the country.

Persons With Disabilities.--The law does not prohibit
discrimination on the basis of physical, sensory, intellectual, or
mental disability. There were no known reports of discrimination
against persons with disabilities in employment, education, or the
provision of other state services. However, supplementary state
services to address the special needs of persons with disabilities were
very limited. There are no mandated building accessibility provisions
for persons with disabilities. Although the one multi-story government
building had elevators, they were not operational, and there were no
elevators in other multi-story buildings. Persons with disabilities had
limited access to information and communications. The Fusi Alofa
Association (Tuvalu National Disabled Persons Organization) and the
Tuvalu Red Cross undertook regular home visits to persons with
disabilities and conducted educational programs to raise community
awareness of the rights of persons with disabilities and to advocate
for such persons. The Fusi Alofa Association ran basic education
classes in Funafuti for children with disabilities who were not able to
attend school.
The Community Affairs Department in the Ministry of Home Affairs
and Rural Development is responsible for protecting the rights of
persons with disabilities.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Sodomy and acts of ``gross
indecency between males'' are illegal, with maximum penalties of 14 and
seven years' imprisonment, respectively, but there were no reports of
prosecutions directed against lesbian, gay, bisexual, or transgender
persons under these provisions during the year. Societal discrimination
against persons based on sexual orientation was not common, and there
were no reports of such discrimination during the year.

Other Societal Violence or Discrimination.--Persons with HIV/AIDS
faced some societal discrimination. Local agents of foreign companies
that hired seafarers from Tuvalu to work abroad barred persons with
HIV/AIDS from employment. The Government and NGOs cooperated to inform
the public about HIV/AIDS and to counter discrimination. There were no
reports of violence against persons based on HIV/AIDS status.
Section 7. Worker Rights

a. The Right of Association.--The law provides for the right of
association. Workers were free to organize unions and choose their own
labor representatives, but most of the working-age population
(approximately 75 percent) lacked permanent employment and worked in
the informal and subsistence economy.
An estimated 69 percent of the wage-earning workforce was employed
by the Government either directly (39 percent) or in public or
semipublic corporations (30 percent). Public-sector employees, such as
civil servants, teachers, and nurses, were members of professional
associations that did not have union status. The only registered trade
union, the Tuvalu Seamen's Union, had approximately 1,350 members,
approximately 300 of whom worked on foreign merchant vessels.
The law provides for the right to strike, but no strike has ever
taken place.

b. The Right to Organize and Bargain Collectively.--The law
provides for conciliation, arbitration, and settlement procedures in
cases of labor disputes. Although there are provisions for collective
bargaining, in practice the few individual private-sector employers set
their own wage scales. Both the private and public sectors generally
used nonconfrontational deliberations to resolve labor disputes.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and there were no
reports that such practices occurred.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits children under age 14 from working in the formal labor
market. The law also prohibits children under age 15 from industrial
employment or work on any ship and stipulates that children under age
18 are not allowed to enter into formal contracts, including work
contracts. However, a separate provision of law allows children age 15
or older to enter into apprenticeships of up to five years, subject to
approval by the Commissioner of Labor. No restrictions are placed on
the type of work that a child apprentice may perform; however, he or
she must be medically examined and determined to be physically and
mentally fit to be employed in the specified occupation. Apprentices
may lawfully live away from their families; in such cases, under the
law the contract must adequately provide for the supply of food,
clothing, accommodation, and medical attention to the apprentice.
However, the Government did not have sufficient resources to monitor
and enforce child labor law provisions effectively. Children rarely
were employed outside the traditional economy of subsistence farming
and fishing.

e. Acceptable Conditions of Work.--The minimum wage, set by the
Ministry of Foreign Affairs and Labor, was barely sufficient to allow a
worker and family in the wage economy to maintain a decent standard of
living. The biweekly minimum wage in the public sector was AUS$130
(approximately $130). The Government does not set a minimum wage for
the private sector. Private-sector wages were typically somewhat lower
than the Government's minimum wage rate.
The Ministry of Foreign Affairs and Labor may specify the days and
hours of work for workers in various industries. The law sets the
workday at eight hours. However, the ministry did not have sufficient
resources to enforce the law during the year.
The law provides for rudimentary health and safety standards. It
requires employers to provide adequate potable water supply, basic
sanitary facilities, and medical care. The Ministry of Foreign Affairs
and Labor is responsible for the enforcement of these regulations, but
in practice it provided minimal enforcement. Workers may remove
themselves from work situations that endanger health or safety without
jeopardy to their jobs; the law also protects legal foreign workers.

__________

VANUATU

Vanuatu is a multiparty parliamentary democracy with a population
of approximately 234,000. The head of government, Prime Minister Sato
Kilman, was appointed in December after Edward Natapei was ousted in a
parliamentary vote of no confidence. The most recent elections, held in
September 2008, were considered generally free and fair. Security
forces reported to civilian authorities. Police officials on occasion
acted peremptorily or at the direction of senior politicians.
Human rights problems during the year included police violence,
poor prison conditions, arrests without warrants, an extremely slow
judicial process, government corruption, and violence and
discrimination against women.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings. On March
4, authorities released the report of a coroner's inquest conducted by
New Zealand Justice Nevin Dawson in the case of escaped prisoner John
Bule, who died after sustaining multiple injuries while in police
custody following his recapture in March 2009. The report highlighted
police abuse by the Vanuatu Mobile Force (VMF), a police paramilitary
unit, and called for an inquiry into Bule's death and a scaling down of
the VMF's powers. The report noted instances of intimidation during the
inquest, including a death threat against Dawson from a senior VMF
officer. At year's end no one had been charged in the case, and the
Government had not set up any commission of inquiry into the matter.
In March a group of villagers from Kaiovo village on Maewo Island
reportedly killed two brothers from the same village whom they accused
of using sorcery to cause the deaths of two staff members of Gambule
Junior Secondary School in 2009. The killings occurred on Ambae Island.
Police arrested five suspects, who were later released on bail. Two of
the suspects jumped bail before questioning. At year's end they were
still at large, and police were still investigating the matter.
During the year a court found one defendant guilty of murder and
another guilty of intentional assault causing permanent injury in the
case of the 2007 mob violence in which three persons were killed and 20
injured in the Blacksands and Anabrou squatter settlements in Port
Vila. Specific information on the first defendant's sentence was not
available. The second defendant was sentenced to two years and nine
months' imprisonment.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices; however, there
were reports of police and correctional officer abuse of criminal
suspects and prison inmates, respectively.

Prison and Detention Center Conditions.--Conditions at the three
prisons in Port Vila improved slightly during the year with foreign
donor funding but remained below international standards.
Following the 2008 release of a report detailing prisoner
complaints about the poor conditions at the main Port Vila prison, the
Government established a commission of inquiry to investigate prisoner
allegations. The commission prepared a report that was released in
August 2009. Major recommendations included a review of certain
sections of the Correction Services Act and demolition and rebuilding
of buildings at the Stade Correctional Center in Port Vila. In April
2009 a Supreme Court judge expressed the court's concern about
treatment of inmates and ordered the public prosecutor to investigate
and report back to the court, among other things, the names of all
prisoners hospitalized since January 2009, details of their injuries
and illnesses, and information on prison escapees. According to the
public prosecutor, only one case-that of inmate Sam Koilo-had been sent
to the courts; at year's end the case remained before the Court of
Appeal, and no report had been released.
At year's end the prison system held a total of 190 inmates,
including 158 convicted prisoners and 32 pretrial detainees. There were
five female prisoners and three male juvenile prisoners (defined by law
as persons under age 16). Although there is no legislated maximum
capacity for existing prison facilities, the total prison capacity
during the year was 210. This included two men's facilities in Port
Vila, one men's facility in Santo, and one women's facility in Port
Vila. Male inmates were incarcerated in overcrowded facilities. Persons
deemed mentally unfit to stand trial were held with the general prison
population.
In September 2009 the nongovernmental organization (NGO) Impunity
Watch reported that the country had implemented separation of juveniles
from adult prisoners in its correctional facilities. According to the
acting director of the Correctional Services Department, the existing
facilities, especially in Port Vila, made total separation of juveniles
from adults difficult, and in some cases juveniles still were held with
adults during the year. However, he stated that the number of juveniles
in custody remained very low.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. Authorities permitted prisoners and
detainees to submit complaints to judicial authorities without
censorship and to request investigation of credible allegations of
inhumane conditions. The Office of the Ombudsman is mandated to
investigate complaints of human rights violations; however, no
investigations related to prison conditions were undertaken during the
year. Supreme Court justices regularly visited prisons to monitor
conditions.
The Government permitted prison monitoring visits by independent
human rights observers. During the year representatives from the UN
High Commissioner for Human Rights visited the prisons in Port Vila.
The Ombudsman Commission is not authorized to consider on its own
initiative such matters as alternatives to incarceration for nonviolent
offenders to alleviate overcrowding; addressing the status and
circumstances of confinement of juvenile offenders; and improving
pretrial detention, bail, and recordkeeping procedures to ensure that
prisoners do not serve beyond the maximum sentence for the charged
offenses. The commission can investigate specific complaints received
from prisoners relating to such matters, but it did not undertake any
such investigations during the year.
There were some improvements reported in prison conditions during
the year. According to the acting director, in line with
recommendations from the commission of inquiry report into prisoner
complaints of 2008, prison authorities increased activities and
programs for prisoners, with a focus on vocational training, education,
and arts. Foreign government assistance continued to support the
maintenance and improvement of the existing facilities. There was an
increase in the number of church groups visiting the correctional
centers, and a prison ministry was established. Unlike in 2009, when
health-care services were procured from the Red Cross to supplement
services available through the public health system, inmates were taken
to the local hospital to receive health-care services. The technical
advisor of the Vanuatu Corrections Project stated that, with foreign
government assistance, significant progress was made toward
construction of a new correctional center, with the acquisition of a
site and the development of a concept design in 2009. In November a
groundbreaking ceremony was held to begin construction of a road to the
site for the new center.

d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions.

Role of the Police and Security Apparatus.--The commissioner of
police heads the police force, including a police maritime wing, the
paramilitary VMF, the Immigration Department, the National Disaster
Management Office, and the National Fire Service. Police effectiveness
was hampered by a lack of resources and involvement in ancillary
activities such as search and rescue operations, immigration, and
national disaster response.
There were allegations of police impunity, in particular with
regard to the VMF. The report of a coroner's inquiry into the 2009
death in custody of recaptured prison escapee John Bule (see section
1.a.) characterized the VMF as a force with a ``culture of violence''
that considered itself ``above the law.''
The Office of the Ombudsman is mandated to investigate complaints
of security force abuses.
During the year foreign assistance continued to address some of the
problems confronting the force. Actions taken under the assistance
projects included recruitment of new officers, establishment of
additional police posts on outer islands and in rural areas, and police
building repairs and maintenance. Under a five-year capacity-building
project begun in 2006, seven Australian Federal Police officers were
attached to the Vanuatu Police Force as advisors.

Arrest Procedures and Treatment While in Detention.--A warrant
issued by a court is required for an arrest; however, police made a
small number of arrests without warrants during the year. The
constitutional provision that suspects must be informed of the charges
against them generally was observed in practice.
A system of bail operated effectively; however, some persons not
granted bail spent lengthy periods in pretrial detention due to
judicial inefficiency. The ratio of pretrial detainees to the total
prison population was relatively high. Judges, prosecutors, and police
complained about large case backlogs due to a lack of resources and
limited numbers of qualified judges and prosecutors. Years could pass
before a case was brought to trial. Detainees were allowed prompt
access to counsel and family members. The Public Defender's Office
provided counsel to indigent defendants.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.

Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
The judicial system is derived from British common law. Judges conduct
trials and render verdicts; there are no juries. The courts uphold
constitutional provisions for a fair public trial, a presumption of
innocence until guilt is proven, a prohibition against double jeopardy,
a right to counsel, a right to judicial determination of the validity
of arrest or detention, a right to question witnesses and access
government-held evidence, and a right of appeal. The law extends these
rights to all citizens. The Public Defender's Office provides free
legal counsel to indigent defendants.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary for civil matters, including for human rights
violations; however, police were often reluctant to enforce domestic
court orders, particularly when the orders concerned their own family
or clan members.

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice.
During the year charges brought against a correctional officer for
assaulting Marc Neil-Jones, publisher of the Vanuatu Daily Post
newspaper, in January 2009 were dropped after witnesses failed to
confirm the identities of the defendant and three other alleged
assailants in the case.

Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
expression of views via the Internet, including by e-mail; however,
cost and lack of infrastructure limited public access to the Internet.
The International Telecommunication Union reported that approximately 8
percent of the country's inhabitants used the Internet in 2009.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees in providing protection and assistance to
internally displaced persons, refugees, asylum seekers, stateless
persons, and other persons of concern.
The law does not address forced exile, but the Government did not
employ it.

Protection of Refugees.--The country is not a party to the 1951
Convention relating to the Status of Refugees or the 1967 Protocol
relating to the Status of Refugees. The law does not provide for the
granting of asylum or refugee status, and the Government has not
established a system for providing protection to refugees. The
Government did not grant refugee status or asylum. In practice there
were no cases of refugees being returned or expelled to countries where
their lives or freedom would be threatened on account of their race,
religion, nationality, membership in a particular social group, or
political opinion. According to the immigration compliance officer, at
year's end three Sri Lankans and one Indonesian from West Papua
remained in Port Vila awaiting resettlement in a third country.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.

Elections and Political Participation.--The most recent national
parliamentary elections were held in September 2008; they were
considered generally free and fair. Allegations of bribery and
electoral fraud were raised against then foreign minister Bakoa
Kaltongga, two other politicians, and a former ambassador to the UN.
The allegations included bribery of electoral officials and
discrepancies in voting rolls that led to some voters being turned away
from polling booths. According to the chief electoral officer, 13
petitions were filed alleging irregularities in the elections. Of
these, six were upheld in court, resulting in three recounts and three
by-elections. At year's end two additional petitions were pending
Supreme Court decisions, and the remaining petitions were withdrawn.
Political parties could operate without restriction or outside
interference.
Traditional attitudes regarding male dominance and customary
familial roles hampered women's participation in economic and political
life. There was one woman in the 52-member Parliament. No women served
in the cabinet. The solicitor general--the second-ranking official
(under the attorney general) in the Office of the State Law--was a
woman.
There were no minorities (non-Melanesians) in Parliament or the
cabinet.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
officials often engaged in corrupt practices with impunity.
There were reports of government corruption during the year. The
law provides for the appointment of public servants on the basis of
merit; however, in practice political interference at times hampered
the effective operation of the civil service.
The ombudsman reported that, while police corruption sometimes
occurred, his office received no specific complaints during the year.
At year's end police were still investigating a 2008 report by the
Office of the Ombudsman that revealed allegations of corruption and
fraud in the Vatumauri Bay land deal. A new member of Parliament (MP)
and a former lord mayor of Port Vila allegedly were implicated in the
case. Although the case was referred to the Public Prosecutor's Office
for further action, in 2009 that office sent it back to the police for
further investigation, citing lack of sufficient evidence to prosecute.
MPs and elected members of provincial governments are subject to a
leadership code of conduct, which includes financial disclosure
requirements. However, the Office of the Ombudsman confirmed that some
officials did not comply with these disclosure requirements. The
Ombudsman's Office and Auditor General's Office are key government
agencies responsible for combating government corruption.
No law provides for public access to government information. In
practice the Government's response to requests for information from the
media was inconsistent.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups operated
without government restriction, investigating and publishing their
findings on human rights cases. Government officials often were
cooperative and responsive to their views.
The president appoints a government ombudsman to a five-year term
in consultation with other political leaders. Since its establishment
the Ombudsman's Office has issued a number of reports critical of
government institutions and officials. However, it did not have
adequate resources or independent power to prosecute, and the results
of its investigations may not be used as evidence in court proceedings.
Cases reported to the ombudsman and deemed to be valid were referred to
the Public Prosecutor's Office for further action, but there were few
prosecutions.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination on the basis of race, place of
origin, language, or sex; however, women remained victims of
discrimination in the tradition-based society.

Women.--Although rape is a crime, with a maximum penalty of life
imprisonment, spousal rape is not cited specifically in the law, and
police frequently were reluctant to intervene in what were considered
domestic matters.
Violence against women, particularly domestic violence, was common,
although no accurate statistics existed. Most cases of violence against
women, including rape, went unreported because women, particularly in
rural areas, were ignorant of their rights or feared further abuse.
The 2008 Family Protection Act (FPA), which entered into force in
March 2009, covers domestic violence, women's rights, children's
rights, and family rights. Violators could face prison terms of up to
five years or a fine of up to 100,000 vatu (approximately $1,095) or
both. In November the Government established a Family Protection Unit
at police headquarters in Port Vila to deal with issues addressed by
the FPA. An officer in the Family Protection Unit confirmed that more
than 50 protection orders were issued since the FPA's entry into force.
A protection order does not require proof of injury; as long as there
is a threat of violence, police can issue an order.
There were no government programs to address domestic violence, and
media attention to the abuse was limited. The Department of Women's
Affairs played a role in the process for implementing the Family
Protection Act. The Police Academy provided training in the handling of
domestic violence and sexual assault cases. Police have a ``no drop''
policy under which they do not drop reported domestic violence cases;
if the woman later wishes to withdraw her complaint, she must go to
court to request that it be dropped.
Churches and NGOs operated facilities for abused women. NGOs also
played an important role in educating the public about domestic
violence, but did not have sufficient funding to implement their
programs fully.
Sexual harassment is not illegal and was a problem.
According to the country's family planning policy guidelines,
couples and individuals have the right to decide freely the number,
spacing and timing of their children. This right was generally upheld
in practice. According to the national reproductive health coordinator,
the Ministry of Health provides training on, and works to raise
awareness of, human rights and gender equity with regard to
reproductive health services and behavior. The country is predominantly
a patriarchal society, and sometimes decisions on family planning and
contraceptive use were made by the man in the relationship without
taking the woman's views into consideration. According to country
indicators published by the Population Reference Bureau, an estimated
38 percent of married women ages 15-49 used some form of contraception,
with 37 percent using modern contraceptive methods. The ministry
cooperated with the Department of Labor on the Male Involvement in
Reproductive Health Project, which worked to sensitize men in the
workforce about reproductive health issues. A regional adolescent
health and development program funded by the UN Population Fund worked
with schools to strengthen school-based clinics and to incorporate
counseling and services.
The country's geographical layout in relation to service delivery
points, both between islands and inland, sometimes made it difficult to
obtain access to contraception; essential prenatal, obstetric, and
postpartum care; and treatment of sexually transmitted infections,
including HIV. Obstacles included lack of adequate roads and the high
cost of transport to reach health-care facilities. According to the
World Health Organization, the estimated maternal mortality ratio was
70 deaths per 100,000 live births, and nearly 93 percent of births were
attended by skilled health personnel. Women were equally diagnosed and
treated for sexually transmitted infections, including HIV.
While women have equal rights under the law, they were only slowly
emerging from a traditional culture characterized by male dominance, a
general reluctance to educate women, and a widespread belief that women
should devote themselves primarily to childbearing. The majority of
women entered into marriage through ``bride-price payment,'' a practice
that encouraged men to view women as property. Although the law does
not prohibit women from owning or inheriting land, in practice women
generally were barred by tradition from land ownership. Many female
leaders viewed village chiefs as major obstacles to social, political,
and economic rights for women.
In practice women experienced discrimination in access to
employment, credit, and pay equity for substantially similar work.
Vanuatu Transparency Limited and the South Pacific Commission, through
a program of the Pacific Regional Rights Resource Team, worked to
increase awareness of women's legal rights. The Government, with the
assistance of the UN Development Program, ran the Vanuatu Women's
Development Scheme (VANWODS). VANWODS provided poor and disadvantaged
women with microloans to start income-producing activities, with the
goal of making these activities progressively more self-financing.
Women interested in running for public office received encouragement
from the Vanuatu Council of Women and the Department of Women's
Affairs, which also offered training programs and funding.

Children.--Citizenship is derived through one's parents.
The Government stressed the importance of children's rights and
welfare, but there were significant problems with regard to education.
Although there is a free and universal education policy, school fees
served as a barrier to education. In October the Government released
its second and final tranche of funds to honor a commitment made in
2009 to provide all primary-school children (grades 1-6) with a stipend
to pay school fees.
School attendance is not compulsory. Boys tended to receive more
education than did girls. Although attendance rates were similar in the
early primary grades, fewer girls advanced to the higher grades. A
significant portion of the population, perhaps as high as 50 percent,
was functionally illiterate.
Child abuse was not believed to be extensive; however, the
Government did little to combat the problem. NGOs and law enforcement
agencies reported increased complaints of incest and rape of children
in recent years, but no statistics were available.
In December Supreme Court Justice Oliver Sasak gave a suspended
three-year sentence to a man who pleaded guilty to the sexual assault
of a 10-year-old girl on the island of Epi; the chairperson of the NGO
Pacific Network against Violence against Women criticized the leniency
of the sentence.
Children generally were protected within the traditional extended
family system. Members of the extended family played an active role in
a child's development. Virtually no children were homeless or
abandoned.
The legal age for marriage is 21, although boys between 18 and 21
and girls between 16 and 21 may marry with parental permission. In
rural areas and some outer islands, some children married at younger
ages.
There were some children under age 18 who were engaged in
prostitution.
Section 97 of the penal code addresses statutory rape. It provides
for a maximum legal penalty for violators of five years' imprisonment
if the child is over age 12 but under age 15, or 14 years' imprisonment
if the child is under age 13.
Child pornography is illegal. The maximum penalty is five years'
imprisonment if the child is age 14 or older, and seven years'
imprisonment if the child is under age 14.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual Report on Compliance with the Hague Convention on the
Civil Aspects of International Child Abduction at http://
travel.state.gov/abduction/resources/congressreport/congressreport--
4308.html.

Anti-Semitism.--The country's Jewish community was limited to a few
foreign nationals, and there were no reports of anti-Semitic acts.

Trafficking in Persons.--In 2009 there were no confirmed reports
that persons were trafficked to, from, or within the country.

Persons With Disabilities.--There is no law specifically
prohibiting discrimination against persons with physical, sensory,
intellectual, or mental disabilities. There is a national policy
designed to protect the rights of persons with disabilities, but the
Government did not implement it effectively. There were no special
programs to assist persons with disabilities and no legislation
mandating access to buildings, information, and communications for
them. Their protection and care were left to the traditional extended
family and NGOs. In practice most buildings were not accessible to
persons with disabilities. Due to a high rate of unemployment, few jobs
were available for persons with disabilities. Persons with mental
illness generally did not receive specialized care; members of their
extended families usually attended to them.
The Ministry of Justice and Social Welfare is responsible for
overseeing the implementation of the country's obligations under the UN
Convention on the Rights of Persons with Disabilities.

National/Racial/Ethnic Minorities.--Most of the population is
Melanesian. Small minorities of Chinese, Fijians, Vietnamese, Tongans,
and Europeans generally were concentrated in two towns and on a few
plantations. Most of the land belongs to indigenous tribes and cannot
be sold, although prime real estate was increasingly leased to others.
Within the limits of this system of land tenure, there generally were
no reports of discrimination against ethnic minorities; however, only
indigenous farmers may legally grow kava, a native herb, for export.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There were no reports of
societal violence or discrimination against persons based on sexual
orientation or gender identity.

Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination against persons based on HIV/
AIDS status.
Section 7. Worker Rights

a. The Right of Association.--The law provides all workers with the
right to organize and join unions, and workers exercised this right in
practice. Approximately 15,000 persons participated in the formal
economy as wage earners. Combined union membership in the private and
public sectors was approximately 1,900. The two existing trade unions,
the Vanuatu Teacher's Union and the Vanuatu National Worker's Union,
were independent of the Government and grouped under an umbrella
organization, the Vanuatu Council of Trade Unions. The high percentage
(approximately 70 percent) of the population engaged in subsistence
agriculture and fishing precluded extensive union activity. Unions
require government permission to affiliate with international labor
federations, but the Government has not denied any union such
permission.
Workers have the right to strike, and this right was exercised in
practice. The law prohibits retaliation for legal strikes. In the case
of private-sector employees, complaints of violations are referred to
the Department of Labor for conciliation and arbitration. In the public
sector, the Public Service Commission handles complaints of violations.
Unions are required by law to give 30 days' notice of intent to strike
and to provide a list of the names of potential strikers.

b. The Right to Organize and Bargain Collectively.--Unions
exercised the right to organize and bargain collectively. They
negotiated wages and conditions directly with management. If the two
sides cannot agree, the matter is referred to a three-member
arbitration board appointed by the minister of home affairs. The board
consists of one representative from organized labor, one from
management, and the senior magistrate of the magistrates' courts. While
a dispute is before the board, labor may not strike and management may
not dismiss union employees. However, unions and management generally
reached agreement on wages without arbitration.
While the law does not require union recognition, it prohibits
antiunion discrimination once a union is recognized. Complaints of
antiunion discrimination are referred to the Department of Labor. There
were no known employee complaints of such discrimination received by
the department during the year.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor, and there were no reports that
such practices occurred.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits children under age 12 from working outside family-owned
agricultural production, where many children assisted their parents.
The employment of children from 12 to 18 years of age is restricted by
occupational category and conditions of labor, including employment in
the shipping industry and nighttime employment. However, the Department
of Labor did not effectively enforce these laws.

e. Acceptable Conditions of Work.--In 2008 the Department of Labor
increased the minimum wage to 26,000 vatu (approximately $285) per
month. The minimum wage was enforced effectively, but did not provide a
decent standard of living for an urban worker and family. However, most
families were not dependent solely on wages for their livelihood,
supplementing their incomes through subsistence farming.
Various laws regulated benefits such as sick leave, annual
vacations, and other conditions of employment, including a 44-hour
maximum workweek that included at least one 24-hour rest period. The
Employment Act provides for a premium of 50 to 75 percent over the
normal rate of pay for overtime work. A 2008 amendment to the act
increased maternity leave pay from 50 percent of salary to full salary
for up to 12 weeks.
The Employment Act, enforced by the Department of Labor, includes
provisions for safety standards. Workers have the right to remove
themselves from dangerous work situations without jeopardy to their
continued employment. However, the safety and health law was inadequate
to protect workers engaged in logging, agriculture, construction, and
manufacturing, and the four inspectors attached to the Department of
Labor could not enforce the law fully. Laws on working conditions and
safety standards apply equally to foreign workers and citizens.

__________

VIETNAM

The Socialist Republic of Vietnam, with a population of
approximately 88.6 million, is an authoritarian state ruled by the
Communist Party of Vietnam (CPV), led by General Secretary Nong Duc
Manh, Prime Minister Nguyen Tan Dung, and President Nguyen Minh Triet.
The most recent National Assembly elections, held in 2007, were neither
free nor fair, since the CPV's Vietnam Fatherland Front (VFF), an
umbrella group that monitored the country's mass organizations, vetted
all candidates. Security forces reported to civilian authorities.
Citizens could not change their government, and political
opposition movements were prohibited. The Government increased its
suppression of dissent, arresting at least 25 political activists,
convicting 14 dissidents arrested in 2008, 2009, and 2010, and denying
the appeals of another 10 dissidents convicted at the end of 2009.
Police commonly mistreated suspects during arrest or detention. Prison
conditions were often austere. Although professionalism in the police
force improved, members of the police sometimes acted with impunity.
Individuals were arbitrarily detained for political activities and
denied the right to fair and expeditious trials. Political influence,
endemic corruption, and inefficiency strongly distorted the judicial
system. The Government increased measures to limit citizens' privacy
rights and freedom of the press, speech, assembly, movement, and
association. Internet freedom was further restricted as the Government
orchestrated attacks against critical Web sites and spied on dissident
bloggers. Freedom of religion continued to be subject to uneven
interpretation and protection; despite some progress, significant
problems remained, especially at the provincial and village levels.
Police corruption remained a significant problem. The Government
maintained its prohibition of independent human rights organizations.
Violence and discrimination against women as well as trafficking in
persons continued to be problems, despite laws and government efforts
to combat such practices. Some ethnic minority groups suffered societal
discrimination. The Government limited workers' rights to form and join
independent unions.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings; however, there were reports of nine deaths of
persons in custody during the year. In nearly all cases, police alleged
the victim committed suicide.
In January Nguyen Quoc Bao died while in custody in Hanoi,
allegedly as the result of being beaten by police after being detained
for a traffic violation. There was no reported investigation into Bao's
death.
Vo Van Khanh died in police custody in May in Quang Nam Province,
after police arrested him for a traffic violation. There was no
reported investigation into police conduct, despite allegations of
abuse leading to Khanh's death.
In June two individuals allegedly died as the result of beatings
received while in detention: Nguyen Phu Trung was detained by police
for his suspected involvement in a burglary in Hanoi, and Vu Van Hien
died after being taken to the hospital in Thai Nguyen Province
following a beating in detention. Several police officers in Hanoi
reportedly were either arrested, suspended, or fired for their
involvement in Trung's death.
In July Nguyen Van Khuong in Bac Giang Province was beaten to death
after being arrested for a traffic violation. One police officer
involved in the questioning of Khuong was arrested for use of excessive
force.
In August Tran Duy Hai died in police custody in Hau Giang Province
shortly after questioning related to his supposed involvement in a
burglary. Police claimed Hai committed suicide, but family members
asserted he was beaten to death. There was no reported investigation
into police conduct.
Tran Ngoc Duong died in police custody in Dong Nai Province in
September after being arrested for involvement in a neighborhood
dispute. An investigation into police conduct reportedly was initiated.
There were two deaths in custody in December: Nguyen Van Thang died
after he was arrested in Haiphong Province, and Dang Van Den died after
being detained in An Giang Province for allegedly being involved in a
burglary. There were reports that police were investigating the cause
of Thang's death. In An Giang Province, police detained several other
individuals following public protests of police involvement in the
death of Den in custody.
In addition, police in Thanh Hoa Province shot and killed two
individuals in May, including a 12-year-old child, who were
participating in a land-rights protest against a large state-owned
enterprise. Press reports claimed that police were investigating the
actions of officers involved, but there was no public information on
the results of the investigation.
There were no developments in the case of Y Ben Hdok, a Montagnard
from Dak Lak who died while in detention in 2008.

b. Disappearance.--There were no reports of politically motivated
disappearances.
There was no information on the whereabouts of Thich Tri Khai, a
monk from the unregistered Unified Buddhist Church of Vietnam, arrested
in 2008.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits physical abuse; however, police commonly
mistreated suspects physically during arrest or detention. Incidents of
police harassment were reported in Hanoi and Danang and in the
provinces of Bac Giang, Binh Phuoc, Dak Lak, Dien Bien, Hanoi, Gia Lai,
Ha Giang, Lai Chau, Nghe An, Quang Nam, Son La, Thai Binh, Thai Nguyen,
Thanh Hoa, and Tra Vinh.
Many incidents were related to unrecognized Protestant churches
seeking to hold services in these provinces. For example, several small
house churches affiliated with the Inter-Evangelistic Movement (IEM)
continued to report difficulties in several locations in Dien Bien
Province, where police in past years broke up meetings of worshippers.
Local authorities there refused to register IEM meeting points and
pressured followers to abandon their faith. Between July 2009 and March
2010, Pastor Nguyen Trung Ton, head of the Full Gospel Church in Thanh
Hoa Province, reported repeated and extended harassment and beatings by
local and provincial police at several different Full Gospel meeting
points in Thanh Hoa. Local officials interrupted numerous church
gatherings and detained and physically abused church members and
leaders, including Ton and his family. Authorities did not investigate
the actions of security officials or those hired to carry out the
physical attacks. Ton was a member of the Bloc 8406 political movement
and a close affiliate of dissidents Le Thi Cong Nhan and Do Nam Hai.
Land-rights protesters in Hanoi, Ho Chi Minh City, Danang, and
several Mekong Delta provinces also reported harassment from local
authorities. Most incidents between local authorities and ethnic
minorities involved land, money, or domestic disputes.
The Government reported that more than 33,000 drug users were
living in forced detoxification labor camps. The overwhelming majority
of these individuals were administratively sentenced to two years
without judicial review.

Prison and Detention Center Conditions.--Prison conditions could be
austere but generally were not life threatening. Overcrowding,
insufficient diet, lack of clean drinking water, and poor sanitation
remained serious problems. Prisoners generally were required to work
but received no wages. Foreign diplomats observed Spartan but clean
living areas and generally acceptable labor conditions during a
November 2009 visit to Nam Ha Prison in Ha Nam Province. Prisoners
sometimes were placed in solitary confinement, where they were deprived
of reading and writing materials for periods of up to several months.
Family members made credible claims that prisoners received benefits by
paying bribes to prison officials or undertaking hunger strikes.
Prisoners had access to basic health care, with additional medical
services available at district or provincial hospitals. However, in
many cases officials prevented family members from providing medication
to prisoners. Family members of imprisoned activists who experienced
health problems claimed that medical treatment was inadequate,
resulting in greater long-term health complications.
The total number of prisoners and detainees was not publicly
available. Pretrial detainees were held separately from convicted
prisoners. Juveniles were held separately from adults in prison, but on
rare occasions they were held with adults in detention for short
periods of time due to unavailability of space. Men and women were held
separately. Political prisoners were typically sent to specially
designated prisons that also held other regular criminals, and in most
cases political prisoners were kept separate from nonpolitical
prisoners. Some high-profile political prisoners were kept in complete
isolation from all other prisoners. While prison sentences could be
extremely lengthy, prisoners were not forced to serve beyond the
maximum sentence for their charged offense.
Prisoners were limited to one 30-minute family visit a month, and
family members were generally permitted to give supplemental food and
bedding to prisoners. Prisoners did not have the right to manifest
their religious beliefs or practices in public. Roman Catholic priest
Thaddeus Nguyen Van Ly (released in March), Le Thi Cong Nhan, and
Nguyen Van Dai were allowed to keep the Bibles given to them by
visiting foreign delegations, but in general prisoners were denied
access to religious books and scriptures. Prisoners were allowed to
submit complaints to prison management and judicial authorities, but
their complaints were routinely ignored.
Authorities allowed foreign diplomats and a foreign delegation to
make limited prison visits and meet with prisoners in various prisons.
The press was permitted limited visits to prisons, but state control of
the media restricted reporting on living conditions. In the past the
International Committee of the Red Cross was permitted to visit
prisons, but no such visits occurred during the year. No individuals
were allowed to serve on behalf of prisoners and detainees to consider
such matters as alternatives to incarceration for nonviolent offenders.

d. Arbitrary Arrest or Detention.--The criminal code allows the
Government to detain persons without charges indefinitely under vague
``national security'' provisions such as articles 84, 88, and 258. The
Government also arrested and detained indefinitely individuals under
other legal provisions. Authorities subjected several dissidents
throughout the country to administrative detention or house arrest.

Role of the Police and Security Apparatus.--Internal security is
the responsibility of the Ministry of Public Security (MPS); however,
in some remote areas, the military is the primary government agency and
performs public safety functions, including maintaining public order in
the event of civil unrest. The MPS controls the police, a special
national security investigative agency, and other internal security
units. It also maintains a system of household registration and block
wardens to monitor the population. While this system was less intrusive
than in the past, it continued to be used to monitor those suspected of
engaging, or likely to engage, in unauthorized political activities.
Credible reports suggested that local police used ``contract thugs''
and ``citizen brigades'' to harass and beat political activists and
others, including religious worshippers, perceived as ``undesirable''
or a ``threat'' to public security.
Police organizations exist at the provincial, district, and local
levels and are subject to the authority of people's committees at each
level. At the commune level, it was common for guard forces made up of
residents to assist the police. The police were generally effective at
maintaining public order, but police capabilities, especially
investigative, were generally very low. Police training and resources
were inadequate.
The Government cooperated with several foreign governments in a
program for provincial police and prison management officials to
improve the professionalism of security forces.

Arrest Procedures and Treatment While in Detention.--The criminal
code outlines the process by which individuals are taken into custody
and treated until they are brought before a court or other tribunal for
judgment. The Supreme People's Procuracy (Public Prosecutor's Office)
issues arrest warrants, generally at the request of police. However,
police may make an arrest without a warrant on the basis of a complaint
filed by any person. The procuracy issues retroactive warrants in such
cases. The procuracy must issue a decision to initiate a formal
criminal investigation of a detainee within nine days; otherwise,
police must release the suspect. In practice the nine-day regulation
was often circumvented.
The investigative period typically lasted from three months for
less serious offenses (punishable by up to three years' imprisonment)
to 16 months for exceptionally serious offenses (punishable by more
than 15 years' imprisonment or capital punishment) or more than two
years for national security cases. However, at times investigations
were prolonged indefinitely. The criminal code further permits the
procuracy to request additional two-month periods of detention after an
investigation to consider whether to prosecute a detainee or ask police
to investigate further. Investigators sometimes used physical abuse,
isolation, excessively lengthy interrogation sessions, and sleep
deprivation to compel detainees to confess.
By law detainees are permitted access to lawyers from the time of
their detention; however, authorities used bureaucratic delays to deny
access to legal counsel. In cases investigated under broad national
security laws, authorities prohibited defense lawyers' access to
clients until after an investigation had ended and the suspect had been
formally charged with a crime, most often after approximately four
months. Under the regulations, investigations can be continued and
access to counsel denied for more than two years. In addition a
scarcity of trained lawyers and insufficient protection of defendant
rights made prompt detainee access to an attorney rare. In practice
only juveniles and persons formally charged with capital crimes were
assigned lawyers.
Attorneys must be informed of and allowed to attend interrogations
of their clients. However, a defendant first must request the presence
of a lawyer, and it was unclear whether authorities always informed
defendants of this right. Attorneys also must be given access to case
files and be permitted to make copies of documents. Attorneys were
sometimes able to exercise these rights.
Police generally informed families of detainees' whereabouts, but
family members could visit a detainee only with the permission of the
investigator, and this permission was not regularly granted. During the
investigative period, authorities routinely denied detainees access to
family members, especially in national security cases. Prior to a
formal indictment, detainees also have the right to notify family
members. However, a number of detainees suspected of national security
violations were held incommunicado. There is no functioning bail system
or equivalent system of conditional release. Time spent in pretrial
detention counts toward time served upon conviction and sentencing.
Courts may sentence persons to administrative detention of up to
five years after completion of a sentence. In addition police or mass
organizations can propose that one of five ``administrative measures''
be imposed by people's committee chairpersons at district and
provincial levels without a trial. The measures include terms ranging
from six to 24 months in either juvenile reformatories or adult
detention centers and generally were applied to repeat offenders with a
record of minor offenses, such as committing petty theft or
``humiliating other persons.'' Terms of 24 months were standard for
drug users and prostitutes. Individuals sentenced to detention
facilities were forced to meet work quotas to pay for services and the
cost of their detention. Chairpersons may also impose terms of
``administrative probation,'' which generally was some form of
restriction on movement and travel. Authorities continued to punish
some individuals using vaguely worded national security provisions in
the criminal code.
Six police officers in Quang Ninh Province were administratively
punished in December after a video they took while arresting several
alleged prostitutes later appeared on the Internet. Police officers
were shown in the video prohibiting several naked crying women from
covering themselves while being questioned, videotaped, and
photographed. Three of the police officers were demoted two ranks, two
were demoted one rank, and one officer received a written reprimand for
violating the rights of the accused.
Arbitrary detentions, particularly for political activists,
remained a problem. The Government used decrees, ordinances, and other
measures to detain activists for the peaceful expression of opposing
political views (see section 2.a.). During the year authorities
increasingly charged political dissidents with violating article 79,
``attempting to overthrow the state,'' due to their alleged membership
in political parties other than the CPV. While violators of article 79
had the possibility of receiving the death penalty, they typically
received sentences of up to seven years in prison, although one
individual received a sentence of 16 years' imprisonment. Unlike in
previous years, all activists who appealed their sentences had their
original sentences upheld.
There were continued reports that government officials in the
Central and Northwest Highlands temporarily detained ethnic minority
individuals for communicating with the ethnic minority community
abroad.
Peaceful land-rights protests in Ho Chi Minh City and Hanoi
resulted in the temporary detention and surveillance of several
organizers, although the Government handled the dispersal of these
protests without significant violence.
Religious and political activists also were subject to varying
degrees of informal detention in their residences. In Ho Chi Minh City,
prominent activists Nguyen Dan Que and Do Nam Hai remained under house
arrest.

Amnesty.--In honor of National Day, the central government
amnestied approximately 17,500 prisoners, the overwhelming majority of
whom had ordinary criminal convictions. More than 100 Montagnards from
the Central Highlands convicted of violating national security laws in
2001 and 2004 were released during the year.

e. Denial of Fair Public Trial.--The law provides for the
independence of judges and lay assessors; however, in practice the CPV
controlled the courts at all levels through its effective control over
judicial appointments and other mechanisms. In many cases the CPV
determined verdicts. Most, if not all, judges were members of the CPV
and were chosen at least in part for their political views. As in past
years, the judicial system was strongly distorted by political
influence, endemic corruption, and inefficiency. CPV influence was
particularly notable in high-profile cases and other instances in which
a person was charged with challenging or harming the CPV or the state.
There was a shortage of trained lawyers and judges. Low salaries
hindered efforts to develop a trained judiciary. The few judges who had
formal legal training often had studied abroad in countries with
communist legal traditions. The Government continued to participate in
training programs to address the problem of inadequately trained judges
and other court officials.
In May the Government granted a foreign nongovernmental
organization (NGO) an operating license to conduct training initiatives
aimed at reforming the criminal code and strengthening lawyers'
capacity.
The Vietnam Bar Federation, a national professional association
created in May 2009 to represent practicing attorneys, falls under the
supervision of the VFF and closely coordinated with the Ministry of
Justice and the Vietnam Lawyers Association. The federation acted as an
umbrella association overseeing the functions of local bar associations
and continued developing a professional code of conduct for lawyers.

Trial Procedures.--The constitution provides that citizens are
innocent until proven guilty; however, many lawyers complained that
judges generally presumed guilt. Trials generally were open to the
public, but in sensitive cases judges closed trials or strictly limited
attendance. Juries are not used. The public prosecutor brings charges
against an accused person and serves as prosecutor during trials.
Defendants have the right to be present and have a lawyer at trial,
although not necessarily the lawyer of their choice, and this right was
generally upheld in practice. Defendants unable to afford a lawyer
generally were provided one only in cases involving a juvenile offender
or with possible sentences of life imprisonment or capital punishment.
The defendant or defense lawyer has the right to cross-examine
witnesses; however, there were cases in which neither defendants nor
their lawyers were allowed to have access to government evidence in
advance of the trial, cross-examine witnesses, or challenge statements.
Defense lawyers commonly had little time before trials to examine
evidence against their clients. In national security cases, judges
occasionally silenced defense lawyers who were making arguments on
behalf of their clients in court that because the judges deemed the
arguments reactionary. Convicted persons have the right to appeal.
District and provincial courts did not publish their proceedings. The
Supreme People's Court continued to publish the proceedings of all
cases it reviewed.
There continued to be credible reports that authorities pressured
defense lawyers not to take as clients any religious or democracy
activists facing trial, and several lawyers who took these cases faced
harassment, arrest, conviction, and occasionally disbarment. Other
human rights lawyers, such as Le Cong Dinh, Le Tran Luat, Le Thi Cong
Nhan, and Le Quoc Quan, were stripped of their bar memberships and were
not permitted to practice law.

Political Prisoners and Detainees.--There were no precise estimates
of the number of political prisoners. The Government reportedly held
more than 100 political detainees at year's end, although some
international observers claimed there were even more.
In January in Phu Yen Province, lay preachers Ksor Y Du and Kpa Y
Ko, affiliated with the Good News Mission Church, were arrested for
alleged connections with the United Front for the Liberation of
Oppressed Races (FULRO) and for opposing the Government. Police
allegedly handcuffed and dragged Ksor Y Du behind a motorbike to the
police station. The Government's Committee for Religious Affairs (CRA)
asserted that both had long-time connections with FULRO, an armed
guerrilla group that sought the creation of an independent Montagnard
state, and had prior convictions for ``illegally crossing the border.''
The CRA contended that they had been ``embroiled by hostile forces'' in
a plot to encourage a separatist movement by sowing division among
ethnic communities. In November both were tried jointly and convicted
in Phu Yen Provincial Court. Ksor Y Du was sentenced to six years'
imprisonment and Kpa Y Ko to four years' imprisonment for attempting to
organize demonstrations, causing political and security disorder, and
dividing national solidarity.
On January 24, dissident Nguyen Ba Dang, a member of the People's
Democratic Party (PDP), was arrested in Hai Duong Province and charged
with violating article 88, which prohibits distribution of propaganda
against the state. He awaited trial at year's end.
In February Doan Huy Chuong, Nguyen Hoang Quoc Hung, and Do Thi
Minh Hanh, affiliated with the For the People's Party (FPP) and the
United Workers and Farmers Organization (UWFO), were arrested for
distributing pamphlets calling for citizens to advocate for democracy
and fight attempted invasions from China. The distribution of the
leaflets was a joint campaign by Viet Tan, Rally for Justice, the PDP,
and the Viet Labor Movement. The individuals were tried jointly in
October and convicted of violating article 89, ``causing public
disorder to oppose the people's government.'' Nguyen Hoang Quoc Hung
was sentenced to nine years' imprisonment, while Do Thi Minh Hanh and
Doan Huy Chuong each were sentenced to seven years' imprisonment.
On April 19, Pham Thi Phuong and her husband Pham Ba Huy were
arrested in Ho Chi Minh City for planning ``terrorist activities.'' The
Government alleged that Phuong, an FPP member, left the country in 2002
while under investigation for fraud and illegally returned as part of a
campaign to bomb statues in Ho Chi Minh City. The Government also
alleged that the FPP had paid her $5,000 to carry out the bombing. They
were awaiting trial at year's end.
In May a priest with the unrecognized Cao Dai faith in Tay Ninh was
convicted for ``slandering an on-duty official,'' according to the MPS-
affiliated People's Police newspaper. The priest was arrested in
November 2009 after criticizing several police officers for actions
against religious followers of the unrecognized Cao Dai faith. In 2008
the priest had led a protest of more than 300 followers of the group to
the Cao Dai Holy See to denounce the leader of the official Cao Dai
organization and demand that the officially recognized church return
properties, including the Cao Dai Holy See, to the unrecognized church.
In June Doan Van Chac was arrested after evading arrest for 27
years. In 1983 Doan participated in a campaign against the Government
that resulted in the deaths of three government officials. He was
awaiting trial at year's end.
In June Phung Lam from Binh Phuoc Province was arrested for alleged
ties to the Democratic Party of Vietnam (DPV) and DPV chairman Nguyen
Sy Binh. Police claimed that Lam posted articles opposing the
Government on the Internet. Lam fled to Cambodia in May but was
arrested when he attempted to return to visit his family in June. He
was awaiting trial at year's end.
In July and August, Nguyen Thanh Nam and Pham Van Thong from Ben
Tre Province, Pastor Duong Kim Khai from Ho Chi Minh City, and Tran Thi
Thuy from Dong Thap were arrested for their alleged ties to Viet Tan
and for organizing and advocating on behalf of land-rights claimants in
Ben Tre and Dong Thap provinces; they were charged with violating
article 79. The Government alleged that several of the individuals had
participated in Viet Tan training in Thailand. Several family members
of the accused denied any connection to Viet Tan. In November
authorities arrested lay pastor Nguyen Chi Thanh and congregant Pham
Ngoc Hoa, affiliated with Khai and the unrecognized Mennonite Church,
on the same charge for their alleged ties to Viet Tan and their work
with Khai. All awaited trial at year's end.
In August Pham Minh Hoang, a dual foreign national and professor at
the Ho Chi Minh City University of Technology, was arrested for his
alleged ties to Viet Tan and for posting critical comments online
against the Government under a pseudonym; he was charged with violating
article 79. Hoang's family denied any connection to Viet Tan. He was
awaiting trial at year's end.
On October 10, Australian citizen Vo Hong was arrested for her
involvement in a public protest sponsored by Viet Tan against China's
actions over maritime boundary disputes on the eve of Hanoi's 1,000th
anniversary. Hong was originally charged with terrorism but was
released and deported after being detained for 11 days.
On October 29, U.S. citizen Le Kin was arrested in Ho Chi Minh City
for violating article 79 relating to his alleged involvement with
overseas political organizations critical of the Government. He was
awaiting trial at year's end.
In November attorney Cu Huy Ha Vu was arrested first for allegedly
soliciting a prostitute but later for violating article 88 relating to
his Internet articles and interviews with foreign media criticizing
Prime Minister Nguyen Tan Dung. Vu twice sued the prime minister, first
for the controversial decision to allow Chinese companies to mine
bauxite in the Central Highlands, and second for issuing a decree that
restricted complaints against the Government. He was awaiting trial at
year's end. Vu, a former employee of the Ministry of Foreign Affairs,
is the son of Cu Huy Can, a friend of Ho Chi Minh and famous
revolutionary poet who served as the first minister of agriculture and
later as minister of culture.
Vu Duc Trung and Le Van Thanh, affiliated with the Falun Gong
movement, were arrested in Hanoi in November for illegally broadcasting
information into China. According to state-run media, Chinese officials
asked the Vietnamese government to initiate the arrests. Both were
awaiting trial at year's end.
In December Chau Heng, a Khmer Krom land-rights activist from An
Giang Province, was arrested upon reentering Vietnam after being denied
political refugee status by the Office of the UN High Commissioner for
Refugees (UNHCR) in Thailand. Heng led large-scale protests in 2007 and
2008 against local government land seizures.
On January 20, prominent attorney Le Cong Dinh, businessman and
blogger Tran Huynh Duy Thuc, Le Thang Long, and DPV leader and Viet
Youth for Democracy cofounder Nguyen Tien Trung, arrested in mid-2009,
were tried jointly in Ho Chi Minh City for violating article 79. The
Government claimed the individuals were involved in a plot to create
new political parties and overthrow the Government. Dinh and Trung pled
guilty to joining political parties other than the CPV but denied they
were attempting to overthrow the Government. They were sentenced to
five and seven years' imprisonment, respectively. Long and Thuc
maintained their innocence but were sentenced to five and 16 years'
imprisonment, respectively. Foreign diplomats and journalists were
permitted to attend the trial. Several foreign governments denounced
the proceedings and sentences. On March 11, the Ho Chi Minh City
Appellate Court rejected the appeals of Le Cong Dinh, Le Thang Long,
and Tran Huynh Duy Thuc and upheld their original sentences. Foreign
diplomats and journalists were denied admittance to the appeals court.
Nguyen Tien Trung did not appeal his verdict.
On April 29, the Thai Binh Province Appeals Court upheld the five-
and-a-half-year prison term of Tran Anh Kim, arrested in July 2009 and
convicted in December 2009 for violating article 79 due to his
leadership role in the DPV.
On April 20, four FPP members arrested in September 2009 were
convicted in Lam Dong Province for violating article 91 for ``fleeing
abroad to oppose the Government.'' Duong Au was sentenced to five
years' imprisonment and five years' administrative probation, Phung
Quang Quyen was sentenced to four years' imprisonment and four years'
administrative probation, and Truong Van Kim and Truong Thi Tam were
each sentenced to three years' imprisonment and three years'
administrative probation.
On February 5, dissident author Tran Khai Thanh Thuy was convicted
of assault in Hanoi and sentenced to three-and-one-half years in prison
following an October 2009 incident in which she and her husband, Do Ba
Tan, were attacked by unidentified individuals. Thuy was struck in the
head with a brick but was charged with assault. Do Ba Tan was sentenced
to two years' probation. Foreign diplomats and journalists were
permitted to attend the trial but not the appeals hearing in April that
upheld her original sentence. There were credible reports that Thuy was
beaten in August by another prisoner. Foreign diplomats were denied
repeated requests to visit Thuy in prison.
On January 18, the Hanoi Appellate Court upheld the three-year
sentences of Bloc 8406 members Tran Duc Thach and Vu Van Hung and the
four-year sentence of Pham Van Troi. All three were arrested in 2008
and convicted of violating article 88 in October 2009 for displaying
banners that criticized the Communist Party and advocated multiparty
democracy. Foreign diplomats and journalists were not permitted to
attend the appeal.
On January 21, the Haiphong Appellate Court rejected the appeals of
six dissidents affiliated with Bloc 8406 who were arrested in 2008 and
convicted in October 2009 for violating article 88. The six were
sentenced to jail terms ranging from two to six years' imprisonment for
displaying banners that criticized the Communist Party and advocated
multiparty democracy. Foreign diplomats and journalists were not
allowed to attend the appeals trial.
On January 29, Pham Thanh Nghien, a Bloc 8406 member arrested in
2008, was convicted in Haiphong for violating article 88 and sentenced
to four years' imprisonment and three years' administrative probation
relating to her petition to hold a demonstration against the
Government's policies on inflation and for criticizing the Government's
handling of border disputes with China. Nghien's family, journalists,
and foreign diplomats were not permitted to attend the appeal
proceedings.
Several other political dissidents affiliated with outlawed
political organizations, including Bloc 8406, PDP, People's Action
Party, Free Vietnam Organization, DPV, UWFO, and others, remained in
prison or under house arrest in various locations. In March Bloc 8406
published a list of 38 members imprisoned for their affiliation with
the movement.
Several of approximately 30 activists arrested in 2006-07 but later
released remained under investigation and administrative detention
without being formally charged.
International NGOs estimated that several hundred ethnic minority
demonstrators associated with the 2004 Central Highlands protests
remained in prison.
Authorities also detained and imprisoned persons who used the
Internet to publish ideas on human rights, government policies, and
political pluralism (see section 2.a., Internet Freedom).
Several persons, including political activists and religious
leaders, were released during the year.
In June Mennonite pastor Nguyen Thi Hong was released five months
early following her January 2009 conviction for ``abusing trust to
appropriate property'' related to alleged unpaid debts owed by her
deceased husband.
In March, following two strokes in prison in July and November
2009, dissident Catholic priest Thaddeus Nguyen Van Ly was granted a
one-year humanitarian medical release to allow him to seek treatment
for a brain tumor. Ly was arrested in 2007 for violating article 88 due
to his role in cofounding the Bloc 8406 movement and the Vietnam
Progressive Party (VPP) and was sentenced to 8 years' imprisonment.
In March Le Thi Cong Nhan--well-known human rights attorney, Bloc
8406 cofounder, and VPP spokeswoman--was released from prison after
completing her three-year sentence. Nhan was arrested in 2007 and
convicted of violating article 88.
In August Truong Minh Nguyet was released from prison. A member of
the Vietnamese Patriots Group and vice chair of the Vietnam Political
and Religious Prisoners Friendship Association, Nguyet was arrested in
2007 and sentenced to four years' imprisonment for ``abusing democratic
freedoms.''
In August PDP founding member Le Nguyen Sang was released from
prison after completing his four-year sentence. Sang was arrested in Ho
Chi Minh City in 2006 for violating article 88, related to his
involvement with the PDP.
In May PDP founding member Nguyen Bac Truyen was released after
completing his three-and-a-half-year prison sentence. Truyen was
arrested in Ho Chi Minh City in 2006 for violating article 88 related
to his role in the creation of the PDP.
Mai Thi Dung, a member of the unrecognized Hoa Hao Buddhist Church,
was released in August after completing her five-year sentence. Dung
was arrested in 2005 and convicted in 2006 for ``disturbing the public
order'' and assaulting police after allegedly assisting in pouring
gasoline on a local official.
During the year there were reports that authorities released more
than 100 Montagnards from the Central Highlands convicted of violating
national security laws relating to 2001 and 2004 protests in the
Central Highlands.
In July Dinh Quang Hai was released after completing his 10-year
sentence. In September Huynh Buu Chau was released after completing an
11-year sentence. He was arrested in 1999 in Cambodia while petitioning
the UNHCR for refugee status; Cambodian officials escorted Chau to the
Vietnamese border and turned him over to Vietnamese police. He was
subsequently convicted of ``fleeing abroad to oppose the Government.''
Nguyen Anh Hao was released in July after completing a 13-year
sentence. Hao was arrested in 1997 and convicted of ``fleeing abroad to
oppose the Government.''
In July Truong Van Suong was granted a one-year humanitarian
medical release due to declining health after spending 33 years in
detention, including six years in reeducation camps (1975-81).

Civil Judicial Procedures and Remedies.--There is no clear or
effective mechanism for pursuing a civil action to redress or remedy
abuses committed by authorities. Civil suits are heard by
administrative courts, civil courts, and criminal courts, all of which
follow the same procedures as in criminal cases and are adjudicated by
members of the same body of judges and lay assessors. All three levels
were subject to the same problems of corruption, lack of independence,
and inexperience.
By law a citizen seeking to press a complaint regarding a human
rights violation by a civil servant is required first to petition the
officer accused of committing the violation for permission to refer the
complaint to the administrative courts. If a petition is refused, the
citizen may refer it to the officer's superior. If the officer or his
superior agrees to allow the complaint to be heard, the matter is taken
up by the administrative courts. If the administrative courts agree
that the case should be pursued, it is referred either to the civil
courts for suits involving physical injury seeking redress of less than
20 percent of health-care costs resulting from the alleged abuse, or to
the criminal courts for redress of more than 20 percent of such costs.
In practice this elaborate system of referral and permission ensured
that citizens had little effective recourse to civil or criminal
judicial procedures to remedy human rights abuses, and few legal
experts had experience with the system. In August the Government issued
new regulations limiting the number of government agencies that could
receive a complaint and restricting each complaint to only one
signatory. The new regulation restricted the common practice of
individuals, particularly land-rights petitioners, from sending joint
complaints to numerous federal agencies.

Property Restitution.--In August 2009 the prime minister issued a
decree that offers compensation, housing, and job training for
individuals displaced by development projects. Nevertheless, there were
widespread reports of official corruption and a general lack of
transparency in the Government's process of confiscating land and
moving citizens to make way for infrastructure projects. By law
citizens must be compensated when they are resettled to make way for
infrastructure projects, but there were complaints, including from the
National Assembly, that compensation was inadequate or delayed.
In January Catholic parishioners in Hanoi conducted several large-
scale prayer vigils as a result of the police's destruction of a large
concrete crucifix on disputed property at Dong Chiem parish.
In May police clashed with local Catholics at a cemetery in the
village of Con Dau outside Danang. In 2003, despite objections by some
parishioners, the Government reached an agreement with Catholic
officials to relocate parishioners while building an ecotourism resort
in the area. Both sides agreed that a former Catholic cemetery within
the construction zone would no longer be used, and the Government
designated a new cemetery. On May 4, when protesting parishioners
attempted to bury the remains of a local parishioner in the cemetery,
which authorities had closed in March, police intervened. Parishioners
reportedly attacked police who were blocking the entrance to the
cemetery, and violence between police and parishioners ensued. Police
arrested six parishioners accused of starting the altercation and
damaging a police vehicle. On October 27, the six were tried for public
disorder; two individuals received nine- and 12-month jail sentences,
and the remaining four defendants received suspended sentences. Three
of the accused were denied their right to legal representation. An
appeal by family members of the convicted was denied on the grounds
that it was not filed by the convicted individuals directly.
Local security officials allegedly interrogated Nguyen Thanh Nam on
two separate occasions for his involvement in the May clash in Con Dau.
In July Nam died under unusual circumstances one day after being
detained by police for attempted burglary. The accounts of the cause of
Nam's death differed widely, even among family members. Some claimed
the death was from natural causes, while others alleged it was the
result of police beatings during interrogation. Nam's family denied
efforts by police to conduct an autopsy and signed an affidavit
claiming he died from a stroke. In October Nam's wife was pressured by
security services to make a videotaped statement that Nam died of a
stroke, but she refused.
Some members of ethnic minority groups in the Central and Northwest
Highlands continued to complain that they had not received proper
compensation for land confiscated by the Government to develop large-
scale state-owned coffee and rubber plantations.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions; however, the
Government did not respect these prohibitions in practice. Household
registration and block warden systems existed for the surveillance of
all citizens, although these systems were less intrusive than in the
past. Authorities focused particular attention on persons suspected of
being involved in unauthorized political or religious activities.
Forced entry into homes is not permitted without orders from the
public prosecutor; however, security forces seldom followed these
procedures but instead asked permission to enter homes, with an implied
threat of repercussions for failure to cooperate. Police forcibly
entered homes of a number of prominent dissidents, such as Nguyen Khac
Toan, Nguyen Thanh Giang, Le Tran Luat, Nguyen Cong Chinh, and Do Nam
Hai, and removed personal computers, cell phones, and other material.
Government authorities opened and censored targeted persons' mail;
confiscated packages and letters; and monitored telephone
conversations, e-mail, text messages, and fax transmissions. The
Government cut the telephone lines and interrupted the cell phone and
Internet service of a number of political activists and their family
members.
Membership in the CPV remained a prerequisite to career advancement
for all government and government-linked organizations and businesses.
However, economic diversification made membership in the CPV and CPV-
controlled mass organizations less essential to financial and social
advancement.
The imbalanced ratio of newborn boys to girls was increasing
rapidly. According to the UN Population Fund, for every 100 females
births in 2009 there were 111 male births, up from 105 five years ago.
One government study found the ratio to be 120 boy births per 100 girls
in some wealthier areas of Hanoi and Ho Chi Minh City. The Government
announced nationwide targets to reduce the growing disparity to no more
than 113 male births in 2015 and 115 in 2020. Experts attributed the
rise to three main factors: societal bias, government pressure for
smaller family size, and the increasing access to affordable technology
for son-selection.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press; however, the Government continued to restrict
these freedoms, particularly with respect to speech that criticized
individual government leaders; promoted political pluralism or
multiparty democracy; or questioned policies on sensitive matters such
as human rights, religious freedom, or border disputes with China. The
line between private and public speech continued to be arbitrary.
Both the constitution and the criminal code include broad national
security and antidefamation provisions that the Government used to
restrict freedom of speech and of the press. The criminal code defines
the crimes of ``sabotaging the infrastructure of socialism,'' ``sowing
divisions between religious and nonreligious people,'' and ``conducting
propaganda against the Socialist Republic of Vietnam'' as serious
offenses against national security. The criminal code also expressly
forbids ``taking advantage of democratic freedoms and rights to violate
the interests of the state and social organizations.''
Political activists and family members of prisoners occasionally
were physically prevented from meeting with foreign diplomatic
representatives. Tactics included setting up barriers or guards outside
their residences or calling them into the local police station for
random and repetitive questioning.
The CPV, government, and party-controlled mass organizations
controlled all print, broadcast, and electronic media. The Government
exercised oversight through the Ministry of Information and
Communication (MIC), under the overall guidance of the Communist Party
Propaganda and Education Commission. These two bodies frequently
intervened directly to dictate or censor a story. More often, however,
control over media content was ensured through pervasive self-
censorship, backed by the threat of dismissal and possible arrest.
Some private investors were permitted to operate television
channels and news aggregator Web sites and to publish certain pages in
newspapers, as long as the content was not deemed ``sensitive'' by the
Government. However, private ownership of any media outlet was
prohibited.
During the year Vietnam News Agency began the first exclusive news
channel, V-News, broadcasting in Vietnamese and English. Vietnam
Television (VTV) also began Vietnam Today, a daily program aimed at the
overseas Vietnamese community to encourage the diaspora to return.
Despite the continued growth of Internet blogs, the party and the
Government increased efforts to suppress press freedom, continuing a
``rectification'' campaign begun in 2008. In speeches in January and
February, the prime minister stated that ``journalists must be loyal
soldiers serving the nation,'' called on news agencies to fight against
``sedition,'' and asserted that the press ``should not report
information that harms the country's interests.'' Similarly, the MIC
held a conference on the media's responsibility in the ``fight against
false arguments, slanders, and accusations against Vietnam,'' claiming
that many ``reactionary forces'' were attempting to carry out
``peaceful evolution plots against Vietnam to incite an overthrow of
the Government'' and that the media should be more active in reporting
on these ``slanders'' from overseas.
In December the MIC officially reprimanded the editor in chief and
two reporters from the news Web site Vietnam Net for publishing results
of a survey on corruption by Transparency International. The author of
the article was also denied renewal of her government-issued press
card.
Several journalists were attacked or threatened relating to their
reporting on sensitive stories. The most serious cases included Lao
Dong newspaper reporter Tran The Dung, who was assaulted by several
individuals while reporting on illegal poultry imports, and Tien Phong
newspaper reporters Vo Minh Chau and Minh Thuy, who were attacked in Ha
Tinh Province while investigating illegal land encroachment. Police
continued to investigate several of the assaults at year's end. Phan Ha
Binh, deputy managing editor of Tien Phong, was arrested in October for
soliciting a VND 220 million ($11,000) bribe from a cement company
about which he threatened to write negative articles.
The law requires journalists to pay monetary damages to individuals
or organizations whose reputations were harmed as a result of
journalists' reporting, even if the reports were true. Independent
observers noted that the law severely limited investigative reporting.
There were press reports on topics that generally were considered
sensitive, such as the prosecution on corruption charges of high-
ranking CPV and government officials, as well as occasional criticism
of officials and official associations. Nonetheless, the freedom to
criticize the CPV and its senior leadership remained restricted.
In November the MIC issued a new decree restricting the ability of
the local press to report on foreign news stories, requiring them to
seek advance permission.
Foreign journalists must be approved by the Foreign Ministry's
press center, and they must be based in Hanoi, with the exception of
one correspondent reporting solely on economic matters who lived and
maintained an office in Ho Chi Minh City while officially accredited to
Hanoi. Foreign journalists are required to renew their visas every
three to six months. The number of foreign media employees allowed was
limited, and Vietnamese employees working for foreign media are
required to register with the Foreign Ministry.
The procedure for foreign media outlets to hire local reporters and
photographers and receive approval for their accreditation continued to
be cumbersome. The press center nominally monitored journalists'
activities and approved, on a case-by-case basis, requests for
interviews, photographs, filming, or travel, which must be submitted at
least five days in advance. By law foreign journalists are required to
address all questions to government agencies through the Foreign
Ministry, although this procedure often was ignored in practice.
Foreign journalists noted that they generally did not notify the
Government about their travel outside Hanoi unless it involved a story
that the Government would consider sensitive or they were traveling to
an area considered sensitive, such as the Central Highlands.
Under February 2009 regulations, the MIC has the authority to
revoke licenses for foreign publishers, and each foreign publisher must
reapply annually to maintain its license. Foreign-language editions of
some banned books were sold openly by street peddlers and in shops
oriented to tourists. Foreign-language periodicals were widely
available in cities. Occasionally the Government censored articles.
The law limits satellite television access to top officials,
foreigners, luxury hotels, and the press, but in practice persons
throughout the country were able to access foreign programming via home
satellite equipment or cable. Cable television, including foreign-
origin channels, was widely available to subscribers living in urban
areas.

Internet Freedom.--The Government allows access to the Internet
through a limited number of Internet service providers (ISPs), all of
which were state-owned joint stock companies. Internet usage continued
to grow throughout the year. Nearly 27.3 million persons (32 percent of
the population) had access to the Internet, according to the
Government's General Statistics Office. According to a separate study
by Internet World Stats, in large population centers more than 50
percent had access, with even higher numbers reported in Hanoi and Ho
Chi Minh City.
Blogging continued to increase rapidly. The MIC estimated that
there were more than one million bloggers. In addition a number of
prominent print and online news journalists maintained their own
professional blogs. In several cases their blogs were considered far
more controversial than their mainstream writing. In a few instances,
the Government fined or punished these individuals for the content of
their blogs.
The number of persons who used social networking sites increased to
several million. Zing Me, officially launched in August after one year
of trial operation, was estimated to be the largest social networking
site, with more than five million users. Despite the Government
ordering ISPs to block Facebook in November 2009, the site remained
popular with young persons, many of whom used workarounds to access the
site. Facebook finished the year with nearly two million users. In May
the Government-owned Vietnam Multimedia Corporation launched GO.VN, but
adoption was sluggish.
The Government forbids direct access to the Internet through
foreign ISPs, requires domestic ISPs to store information transmitted
on the Internet for at least 15 days, and requires ISPs to provide
technical assistance and workspace to public security agents to allow
them to monitor Internet activities.
The Government requires cybercafes to register the personal
information of their customers and store records of Internet sites
visited by customers. However, many cybercafe owners did not maintain
these records. ISP compliance with these government regulations was
unclear.
Although citizens enjoyed increasing access to the Internet, the
Government monitored e-mail, searched for sensitive key words, and
regulated Internet content.
Decree 97, issued by the Prime Minister's Office in 2008, details
the Government's role in the management, provision, and use of Internet
services and electronic information on the Internet. During the year
several cities and provinces issued additional regulations to control
online access. In April the Hanoi People's Committee issued regulations
requiring all ``Internet retailers'' to install government-approved
software to monitor online activities.
In June the MIC issued new regulations governing Internet companies
and requiring social networking sites and Web sites that provide
information in the areas of ``politics, economics, culture, and
society'' to register and receive an operating license from the
Government before operation.
In September Hanoi authorities ordered Internet cafes within 200
meters (219 yards) of a school to cease operations and required ISPs to
cut online access to Internet cafes between 11 p.m. and 6 a.m. to curb
online gaming. Some businesses flouted the regulations by registering
as restaurants, which were not subject to the same restrictions.
Government regulations prohibit bloggers from posting material that
the Government believes undermines national security or discloses state
secrets, incites violence or crimes, or includes inaccurate information
harming the reputation of individuals and organizations. These
regulations were routinely ignored. The regulations also require global
Internet companies with blogging platforms operating in the country to
report to the Government every six months and, if requested, to provide
information about individual bloggers. Officials construed article 88
of the criminal code, which bans ``distributing propaganda against the
state,'' to prohibit individuals from downloading and disseminating
documents that the Government deemed offensive.
Authorities continued to detain and imprison dissidents who used
the Internet to criticize the Government and publish ideas on human
rights and political pluralism.
In January Tran Huynh Duy Thuc, the blogger known as Change We Need
who regularly reported on corruption in the prime minister's family,
was sentenced to 16 years' imprisonment for subversion. In August 2009
Huy Duc was dismissed from his job for his politically sensitive blog
postings.
In March several bloggers affiliated with the Free Journalists
Club, including bloggers Wind Trader, Truth and Justice, and AnhBa
Saigon (Phan Thanh Hai), were detained for short periods.
In October authorities arrested AnhBa Saigon for postings critical
of the Government and charged him with violating article 88. Officials
arrested Le Nguyen Huong Tra (Co Gai Do Long) for violating article 258
after posting commentaries critical of the son of MPS Vice Minister
Nguyen Khanh Toan. Nguyen Van Hai (Dieu Cay) was transferred to a new
jail on the day of his scheduled release in October and rearrested for
violating article 88 based on three-year-old blog postings. His former
wife was denied permission several times to meet with him, while his
son was allowed regular 30-minute monthly meetings. At year's end
Nguyen reportedly was being held in isolation. All three bloggers were
awaiting trial at year's end.
In October Vi Duc Hoi, a former Communist Party official from Lang
Son, was arrested for online postings critical of the CPV and charged
with violating article 88. Hoi, a CPV member since 1980, was ejected in
2007 after he authored online articles disparaging corruption in the
CPV. He was awaiting trial at year's end.
At least 50 Web sites critical of the Government and hosted
overseas were targeted by distributed denial-of-service attacks. A
majority of the targeted Web sites were news aggregator sites that
regularly republish postings by high-profile dissidents critical of the
Government. Several other Web sites were made inoperable by hackers.
Throughout the year the Web site Bauxite Vietnam, an online forum
started by intellectuals in opposition to the Government's plan to
allow Chinese companies to mine bauxite in the Central Highlands,
experienced repeated distributed denial-of-service attacks. The main
Bauxite Vietnam Web site was disabled, as were several replacement Web
sites of the same name; however, the managers of the site created new
Bauxite Vietnam Web sites with different Internet protocol addresses to
avoid attacks. Security services repeatedly questioned the chief editor
of Bauxite Vietnam, Nguyen Hue Chi, from mid-January to February
regarding his role with the Web site.
In December the popular news portal Vietnam Net was hacked multiple
times and made inaccessible. An investigation into the attacks
continued at year's end.
On March 30, Google's security team posted online a statement
affirming that malware implanted in Vietnamese-language keyboard
software had been used to spy on Vietnamese dissidents and to launch
``distributed denial-of-service attacks against blogs containing
messages of political dissent.'' Online security company McAfee also
alleged that the denial-of-service attacks were ``politically
motivated'' and that the perpetrators ``have some allegiance to the
Government of the Socialist Republic of Vietnam.''
Political dissidents and bloggers routinely reported having the
Internet connections at their homes disconnected on orders from the
security services. In May well-known dissident poet and blogger Ha Si
Phu had his Internet and telephone lines disconnected in his home town
of Dalat for spreading ``antigovernment'' information.
The Government continued to use firewalls to block some Web sites
that it deemed politically or culturally inappropriate, including sites
affiliated with the Catholic Church, such as Vietcatholic.net, and
others operated by overseas Vietnamese political groups. The Government
appeared to have lifted most of its restrictions on access to the Voice
of America Web site, although it continued to block Radio Free Asia
most of the time. During the year BBC online in Vietnamese and English
was at times blocked. Nevertheless, the local press occasionally wrote
stories based on Radio Free Asia broadcasts and BBC articles.
The MIC requires owners of domestic Web sites, including those
operated by foreign entities, to register their sites with the
Government and submit their planned content and scope to the Government
for approval; however, enforcement remained selective.

Academic Freedom and Cultural Events.--The Government asserts the
right to restrict academic freedom, and authorities sometimes
questioned and monitored foreign field researchers. Foreign academic
professionals temporarily working at universities in the country were
allowed to discuss nonpolitical topics widely and freely in classes,
but government observers regularly attended classes taught by both
foreigners and nationals. Security officials occasionally questioned
persons who attended programs on diplomatic premises or used diplomatic
research facilities. Nevertheless, requests for materials from foreign
research facilities increased. Academic publications usually reflected
the views of the CPV and the Government. Local librarians increasingly
were being trained in professional skills and international standards
that supported wider international library and information exchanges
and research.
In November the Government issued a decree restricting the ability
of international and domestic organizations to host conferences with
international sponsorship or participation. The decree requires
government approval of all such events at least 20 days in advance of
the conference. The Government used the edict to postpone or cancel
conferences hosted by foreign embassies and consulates.
Members of the academic community continued to express concern over
the July 2009 decree (Decision 97), which prohibits independent
scientific and technical organizations from publicly criticizing party
and state policy, alleging that it was a potentially severe restriction
on academic freedom.
The Government controlled art exhibits, music, and other cultural
activities; however, artists were allowed broader latitude than in past
years to choose the themes for their works. The Government also allowed
universities more autonomy over international exchanges and cooperation
programs.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--Freedom of assembly is limited by law, and the Government
restricted and monitored all forms of public protest or gathering.
Persons wishing to gather in a group are required by law and regulation
to apply for a permit, which local authorities can issue or deny
arbitrarily. In practice only those arranging publicized gatherings to
discuss sensitive matters appeared to require permits, and persons
routinely gathered in informal groups without government interference.
The Government generally did not permit demonstrations that could be
seen to have a political purpose. The Government also restricted the
right of several unregistered religious groups to gather in worship.
Demonstrations by citizens demanding redress for land-rights claims
frequently took place in Ho Chi Minh City and occasionally in Hanoi.
Police monitored these protests but generally did not disrupt them.

Freedom of Association.--The Government severely restricted freedom
of association. Opposition political parties were neither permitted nor
tolerated. The Government prohibited the legal establishment of
private, independent organizations, insisting that persons work within
established, party-controlled mass organizations, usually under the
aegis of the VFF. However, some entities, including unregistered
religious groups, were able to operate outside of this framework with
little or no government interference.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation; however, the Government imposed some limits on freedom of
movement for certain individuals. The Government generally cooperated
with the UNHCR and other humanitarian organizations in providing
protection and assistance to internally displaced persons, refugees,
returning refugees, asylum seekers, stateless persons, and other
persons of concern.
Several political dissidents, amnestied with probation or under
house arrest, were subject to official restrictions on their movements.
Although their probation ended in 2009, dissidents Nguyen Khac Toan,
Pham Hong Son, Le Thi Kim Thu, and others were prohibited from
receiving a passport and traveling overseas. Attorney Le Quoc Quan,
attorney Le Tran Luat, and journalist Nguyen Vu Binh were allowed to
travel within the country but were prohibited from traveling overseas.
A government restriction regarding travel to certain areas remained
in effect. It requires citizens and resident foreigners to obtain a
permit to visit border areas, defense facilities, industrial zones
involved in national defense, areas of ``national strategic storage,''
and ``works of extreme importance for political, economic, cultural,
and social purposes.''
The 2007 Law on Residence was not broadly implemented, and
migration from rural areas to cities continued unabated. However,
moving without permission hampered persons seeking legal residence
permits, public education, and health-care benefits.
Foreign passport holders must register to stay in private homes,
although there were no known cases of local authorities refusing to
allow foreign visitors to stay with friends and family. Citizens also
were required to register with local police when staying overnight in
any location outside of their own homes; the Government appeared to
enforce these requirements more strictly in some districts of the
Central and Northern Highlands.
Officials occasionally delayed citizens' access to passports in
order to extort bribes, and prospective emigrants occasionally
encountered difficulties obtaining a passport.
The law does not provide for forced internal or external exile, and
the Government did not use it.
The Government generally permitted citizens who had emigrated to
return to visit. However, the Government refused to allow certain
activists living abroad to return. Known overseas Vietnamese political
activists were denied entrance visas or were detained and deported
after entering the country.
By law the Government considers anyone born to at least one
Vietnamese citizen parent to be a citizen; there are also provisions
for persons who do not have a Vietnamese-citizen parent to acquire
citizenship under certain conditions. Emigrants who acquire another
country's citizenship are generally considered Vietnamese citizens
unless they formally renounce their Vietnamese citizenship. However, in
practice the Government treated overseas Vietnamese as citizens of
their adopted country. Legislation passed in 2008 sought to clarify
this apparent discrepancy by allowing for dual citizenship. The
Government generally encouraged visits and investment by such persons
but sometimes monitored them carefully. The Government continued to
liberalize travel restrictions for overseas Vietnamese, including
permitting visa-free travel and permitting individuals to petition to
receive Vietnamese passports.
The Government continued to honor a tripartite memorandum of
understanding signed with the Government of Cambodia and the UNHCR to
facilitate the return from Cambodia of all ethnic Vietnamese who did
not qualify for third-country resettlement.
Local government authorities observed but did not hinder fact-
finding and monitoring visits by UNHCR and foreign diplomatic
representatives to the Central Highlands. The UNHCR reported that it
was able to meet with returnees in private. Foreign diplomats
experienced some resistance from lower-level officials in permitting
private interviews of returnees. As in previous years, local police
officials sometimes were present during foreign diplomat interviews
with returnees but left when asked. Provincial governments generally
continued to honor their obligations to reintegrate peacefully ethnic
minority returnees from Cambodia.
The UNHCR, which conducted several monitoring trips throughout the
year, reported that there was ``no perceptible evidence of
mistreatment'' of any of the ethnic minority individuals it monitored
in the Central Highlands.

Protection of Refugees.--The country is not a signatory to the 1951
Convention relating to the Status of Refugees and its 1967 Protocol,
and the law does not provide for the granting of asylum or refugee
status. The Government has not established a system for providing
protection to refugees and did not grant refugee status or asylum.
Government regulations and policy do not explicitly provide protection
against the expulsion or return of persons where their lives or freedom
would be threatened on account of their race, religion, nationality,
membership in a particular social group, or political opinion; however,
there were no such reported cases during the year.

Stateless Persons.--The country's largest stateless group consisted
of approximately 9,500 Cambodian residents who sought refuge in Vietnam
in the 1970s and were denied the right to return by the Government of
Cambodia, which asserted no proof existed that these individuals had
ever possessed Cambodian citizenship. Almost all were ethnic Chinese or
Vietnamese who were initially settled in four refugee camps in and
around Ho Chi Minh City. When humanitarian assistance in these camps
ceased in 1994, an estimated 7,000 refugees left the camps in search of
work and opportunities in Ho Chi Minh City and the surrounding area. An
additional 2,100 remained in four villages in which the camps once
operated. Many had children and grandchildren born in Vietnam, but
neither the original refugees nor their children enjoy the same rights
as Vietnamese citizens, including the right to own property, comparable
access to education, and public medical care. In July the first group
of 287 individuals received Vietnamese citizenship as part of a joint
UNHCR-government effort to survey and naturalize these stateless
individuals. The naturalization applications for the approximately
1,800 remaining had been submitted to the Office of the President for
final approval and were expected to be completed before the end of
2011.
The Government previously resolved earlier problems of
statelessness due to involuntary denationalization of its citizens,
such as women who married foreigners, by implementing legislation
passed in 2008 allowing dual citizenship. This group typically
consisted of women who married Chinese and Korean men. Previously the
women had to renounce their Vietnamese citizenship to apply for foreign
citizenship, but before gaining foreign citizenship they divorced their
husbands and returned to Vietnam without possessing any citizenship or
supporting documentation. However, Taiwanese law continued to require
Vietnamese women to renounce their citizenship in order to marry and
apply for Taiwanese citizenship. The Government and the UNHCR worked
with the authorities in Taiwan to address this problem.
The Vietnam Women's Union continued to work with the Government of
South Korea to address international marriage brokering and premarriage
counseling, including education on immigration and citizenship
regulations. Some domestic and international NGOs provided assistance.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution does not provide for the right of citizens to
change their government peacefully, and citizens could not freely
choose and change the laws and officials that govern them.

Elections and Political Participation.--The most recent elections
to select members of the National Assembly were held in 2007. The
elections were neither free nor fair, since all candidates were chosen
and vetted by the VFF. Despite the CPV's early announcement that a
greater number of ``independent'' candidates (those not linked to a
certain organization or group) would run in the elections, the ratio of
independents was only slightly higher than that of the 2002 election.
The CPV approved 30 ``self-nominated'' candidates, who did not have
official government backing but were allowed to run for office. There
were credible reports that party officials pressured many self-
nominated candidates to withdraw or found such candidates
``ineligible'' to run.
According to the Government, more than 99 percent of the 56 million
eligible voters cast ballots in the election, a figure that
international observers considered improbably high. Voters were
permitted to cast ballots by proxy, and local authorities were charged
with assuring that all eligible voters cast ballots by organizing group
voting and that all voters within their jurisdiction were recorded as
having voted. This practice was seen as having greatly detracted from
the transparency and fairness of the process.
In the 2007 election, CPV leaders--Prime Minister Nguyen Tan Dung,
Party Chief Nong Duc Manh, President Nguyen Minh Triet, and National
Assembly Chairman Nguyen Phu Trong--retained their seats. CPV
candidates took 450 of 493 seats. Only one of the 30 self-nominated
candidates won.
The National Assembly, although subject to the control of the CPV
(all of its senior leaders and more than 90 percent of its members were
party members), continued to take incremental steps to assert itself as
a legislative body. The National Assembly publicly criticized
socioeconomic policies, corruption, the Government's handling of
inflation, financial problems of large state-owned enterprises, and the
plan to mine bauxite in the Central Highlands. For the first time, the
National Assembly voted against an official government project
sponsored by the prime minister--a VND 1.12 quadrillion ($56 billion)
high-speed rail project. Assembly sessions were televised live
countrywide. Some legislators also indirectly criticized the CPV's
preeminent position in society.
All authority and political power is vested in the CPV, and the
constitution recognizes the leadership of the CPV. The CPV Politburo
functioned as the supreme decision-making body in the country, although
technically it reports to the CPV Central Committee. Political
opposition movements and other political parties are illegal.
The Government continued to restrict public debate and criticism
severely. No public challenge to the legitimacy of the one-party state
was permitted; however, there were instances of unsanctioned letters
critical of government policy from private citizens, including some
former senior party members. The most prominent of these involved
widely publicized letters from General Vo Nguyen Giap criticizing the
Government's decision to allow substantial foreign investment in
bauxite-mining projects in the Central Highlands. The Government
continued to crack down on the small opposition political groupings
established in 2006, and members of these groups faced arrests and
arbitrary detentions.
Members of Bloc 8406, a political activist group that calls for the
creation of a multiparty state, continued to face harassment and
imprisonment. At least 38 members of the group were in detention at
year's end.
The law provides the opportunity for equal participation in
politics by women and minority groups. There were 127 women in the
National Assembly, or 26 percent, a slightly lower percentage than in
the previous assembly.
Ethnic minorities held 87 seats, or 18 percent, in the National
Assembly, exceeding their proportion of the population, estimated at 14
percent.
Section 4. Official Corruption and Government Transparency
The law provides for criminal penalties for official corruption;
however, the Government did not always implement the law effectively,
and officials sometimes engaged in corrupt practices with impunity.
Corruption continued to be a major problem. The Government persisted in
efforts to fight corruption, including publicizing budgets of different
levels of government and continuing to streamline government inspection
measures. Cases of government officials accused of corruption
occasionally were widely publicized.
The anticorruption law allows citizens to complain openly about
inefficient government, administrative procedures, corruption, and
economic policy. In regular Internet chats with high-level government
leaders, citizens asked pointed questions about anticorruption efforts.
However, the Government continued to consider public political
criticism a crime unless the criticism was controlled by authorities.
Attempts to organize those with complaints to facilitate action are
considered proscribed political activities and subject to arrest.
Senior government and party leaders traveled to many provinces,
reportedly to try to resolve citizen complaints. Corruption related to
land use was widely publicized in the press, apparently in an
officially orchestrated effort to bring pressure on local officials to
reduce abuses.
Corruption among police remained a significant problem at all
levels, and members of the police sometimes acted with impunity.
Internal police oversight structures existed but were subject to
political influence.
Foreign aid donors conducted a biannual Anti-Corruption Dialogue as
part of consultative group meetings with the Government. Previous
dialogues focused on corruption in the education, health, and
construction sectors.
In January Vu Dinh Tuan, the former deputy chairman of the Office
of the Government, and 22 other collaborators were charged with abuse
of power to seek personal benefit relating to taking bribes while
rewarding contracts for modernizing information technology systems in
government agencies. The Government alleged Thuan took VND 275 million
($14,100) and that his actions directly cost the Government
approximately VND 4.6 billion ($242,100).
In June police arrested Doan Tien Dung, deputy general director of
the state-owned Bank for Investment and Development, alleging he had
received more than VND six billion ($307,700) in bribes in exchange for
approving loans and illegal cash withdrawals. Also in June a high
school teacher, who became famous throughout the country for bringing
endemic bribe-taking by teachers in the education system to light
through undercover videotapes shown on national television, resigned
his position due to being harassed and passed over for promotion. The
teacher's actions in bringing the corruption to light had earlier
earned him an award from the minister of education.
In August Bui Tien Dung, the former director of Project Management
Unit Number 18 (PMU-18), was sentenced to an additional three years'
imprisonment, in addition to his earlier sentence of 13 years, for
``intentionally violating state economic regulations causing serious
consequences.'' Two other colleagues of Dung also received prison terms
for embezzlement. At year's end eight key corruption cases originating
in 2007 remained unfinished, including the PMU-18 and Bai Chay bridge
project scandals.
In a wide-ranging corruption scandal in Ho Chi Minh City, in August
two individuals were convicted of bribery and ``cheating to usurp the
people's property'' and sentenced to life imprisonment in relation to
bribes paid to city officials, bank officers, and others under the ruse
of building a housing complex and industrial park. The two ringleaders
bribed city officials with more than VND 1.6 billion ($72,000) to
obtain government approval for the projects, and then based on these
approvals they borrowed and embezzled more than VND 115 billion ($5.9
million) from the Vietnam Bank for Agriculture and Rural Development
(Agribank). The former district people's committee chairman who had
received the bribes and facilitated government approval of the project
was sentenced to 26 years' imprisonment, while several commune
officials received double-digit sentences related to abuse of power.
Several officials at Agribank also received lengthy prison terms for
violating banking regulations.
In August Pham Thanh Binh, chief executive officer of the
shipbuilding conglomerate Vinashin, was arrested under misappropriation
charges. In September two former Vinashin board members--Tran Quang Vu
and Tran Van Liem--and two former Vinashin subsidiaries general
directors--Nguyen Van Tuyen and Nguyen Tuan Duong--were also arrested
on similar charges of misappropriation and embezzlement.
A VTV financial department employee alleged in September that the
VTV director had embezzled VND 1.6 billion ($82,000) in value-added
taxes and had also misappropriated funds of the Japanese aid agency
relating to construction of a new VND10 trillion ($500 million)
headquarters. There was no official investigation into the alleged
embezzlement.
In September Huynh Ngoc Si, former deputy director of the Ho Chi
Minh City transport service, was indicted for receiving more than
$262,000 in bribes from officials of Pacific Consultants International
(PCI), a foreign consulting firm. Si was sentenced to life imprisonment
on October 18. The Government seized his two homes and also ordered him
to pay a $262,000 fine to the Government. Si and his associate Le Qua
were convicted in September 2009 of ``abusing power while on official
duty'' for accepting VND 52 million ($2,700) and VND 54 million
($3,000), respectively, in kickbacks from office rent from PCI. In
March Si and Qua appealed their three- and two-year sentences, only to
have the appellate court extend their sentences to six and five years,
respectively.
In September four Vietnamese-American directors of the foreign-
based Nexus Corporation were convicted of paying bribes to government
officials from 1999 to 2008 in exchange for contracts with government
agencies.
According to the asset declaration decree, government officials
must annually report by November 30 the real estate, precious metals,
and ``valuable papers'' they own; money they hold in overseas and
domestic bank accounts; and their taxable income. The Government must
publicize asset declaration results only if a government employee is
found ``unusually wealthy'' and more investigation or legal proceedings
are needed. In addition to senior government and party officials, the
decree applies to prosecutors, judges, and those at and above the rank
of deputy provincial party chief, deputy provincial party chairperson,
deputy faculty head at public hospitals, and deputy battalion chief.
Due to a lack of transparency, it was not known how widely the decree
was enforced.
The law does not provide for public access to government
information, and the Government did not usually grant access for
citizens and noncitizens, including foreign media. In accordance with
the Law on Promulgation of Legal Normative Documents, the Official
Gazette published most government legal documents in its daily edition.
The Government maintained a Web site in both Vietnamese and English, as
did the National Assembly. In addition decisions made by the Supreme
People's Court Council of Judges were accessible through the Supreme
People's Court Web site. Party documents such as politburo decrees were
not published in the Gazette.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
The Government does not permit private, local human rights
organizations to form or operate. The Government did not tolerate
attempts by organizations or individuals to comment publicly on its
human rights practices, and it used a wide variety of methods to
suppress domestic criticism of its human rights policies, including
surveillance, limits on freedom of the press and assembly, interference
with personal communications, and detention.
The Government generally prohibited private citizens from
contacting international human rights organizations, although several
activists did so. The Government usually did not permit visits by
international NGO human rights monitors; however, it allowed
representatives from the press, the UNHCR, foreign governments, and
international development and relief NGOs to visit the Central
Highlands. The Government criticized almost all public statements on
human rights and religious matters by international NGOs and foreign
governments.
In September the Government requested that Thai authorities
prohibit two individuals affiliated with a human rights NGO from
entering that country. The NGO had planned to unveil a report critical
of Vietnam's leadership on human rights issues during its chairmanship
of the Association of Southeast Asian Nations (ASEAN). Similarly, two
individuals affiliated with a foreign-based human rights NGO were
barred from visiting the country to attend the ASEAN People's Forum in
September.
During the year the Government hosted two UN independent experts:
the independent expert on minority issues in July, and the independent
expert on human rights and extreme poverty in August. Both met with the
deputy prime minister and foreign minister and were permitted to travel
to remote regions of the country.
The Government discussed human rights matters bilaterally with some
foreign governments. Several foreign governments continued official
talks with the Government concerning human rights, typically through
annual human rights dialogues.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status; however, enforcement of these prohibitions
was uneven.

Women.--The law prohibits using or threatening violence, taking
advantage of a person who cannot act in self-defense, or resorting to
trickery to have sexual intercourse with a person against that person's
will. This criminalizes rape, spousal rape, and in some instances
sexual harassment. In 2009 a man from the Phan Thiet Province was
jailed for 18 months for raping his wife. Other rape cases were
traditionally prosecuted to the full extent of the law. No reliable
data were available on the extent of the problem.
Domestic violence against women was considered common. A landmark
survey conducted jointly by the UN and the General Statistics Office in
November found that 58 percent of married women had been victims of
physical, sexual, or emotional domestic violence. Officials
increasingly acknowledged it as a significant social concern, and it
was discussed more openly in the media. The law prescribes punishment
ranging from warnings to a maximum of two years' imprisonment for
``those who cruelly treat persons dependent on them.'' The Law on
Domestic Violence Prevention and Control specifies acts constituting
domestic violence, assigns specific portfolio responsibilities to
different government agencies and ministries, and stipulates
punishments for perpetrators of domestic violence; however, NGO and
victim advocates considered many of the provisions to be weak. While
the police and legal system generally remained unequipped to deal with
cases of domestic violence, the Government, with the help of
international and domestic NGOs, continued to train police, lawyers,
and legal system officials in the law.
Several domestic and international NGOs worked to address domestic
violence. Hotlines for victims operated by domestic NGOs existed in
major cities. The Center for Women and Development, supported by the
Vietnam Women's Union, also operated a nationwide hotline, although it
was not widely advertised in rural areas. Another NGO, Hagar Vietnam,
established a training program to reintegrate into society women who
suffered domestic abuse. In September the first 13 girls graduated from
the program. While rural areas often lacked the financial resources to
provide crisis centers and hotlines, a 2007 law establishes ``reliable
residences'' allowing women to turn to another family while local
authorities and community leaders attempt to confront the abuser and
resolve complaints. Government statistics reported that approximately
half of all divorces were due in part to domestic violence. The divorce
rate continued to rise partly due to domestic violence and also to
growing societal acceptance of divorce, but many women remained in
abusive marriages rather than confront social and family stigma as well
as economic uncertainty.
The Government, with the help of international NGOs, supported
workshops and seminars aimed at educating women and men about domestic
violence and women's rights in general and also highlighted the problem
through public awareness campaigns. Domestic NGOs were increasingly
engaged in women's issues, particularly violence against women and
trafficking of women and children.
The act of sexual harassment and its punishment is clearly defined
in the law; however, in reality there was no legal requirement to
prevent it. Publications and training on ethical regulations for
government and other public servants do not mention the problem,
although it existed.
Victims of sexual harassment may contact social associations such
as the Women's Union to request their involvement. If the victim has
access to a labor union representative, complaints can also be lodged
with the labor officers. In serious cases victims may sue offenders
under article 121 of the penal code, which deals with ``humiliating
other persons'' and specifies punishments that include a warning,
noncustodial reform for up to two years, or a prison term ranging from
three months to two years. However, in reality sexual harassment
lawsuits were unheard of, and most victims were unwilling to denounce
the offenders publicly.
The law restricts the number of children per couple to two. The
Government primarily implemented the policy through media campaigns
that strongly encouraged individuals to practice family planning. The
Government also enforced the policy by denying promotions and salary
increases to public-sector employees with more than two children,
albeit in an inconsistent manner.
The law affirms an individual's right to choose contraceptive
methods as well as access to gynecological diagnosis, treatment, and
health check-ups during pregnancies. It also provides for medical
services when giving birth at health facilities, and officials
generally enforced the law. According to data gathered by the UN, the
estimated maternal mortality ratio in 2008 was 56 deaths for every
100,000 live births. Unmarried women in reproductive ages had limited
or no access to subsidized contraceptives, due to government policy and
lack of access in rural areas. Women were equally diagnosed and treated
for sexually transmitted diseases, including HIV.
Women continued to face societal discrimination. Despite the large
body of legislation and regulations devoted to the protection of
women's rights in marriage and in the workplace, as well as labor code
provisions that call for preferential treatment of women, women did not
always receive equal treatment.
Although legislation provides for equal inheritance rights for men
and women, in practice women faced cultural discrimination. A son was
more likely to inherit property than a daughter, unless specified by a
legal document. Labor laws prohibit gender-based preferential hiring
for jobs, and while NGOs assumed that such discrimination occurred,
allegations were hard to prove.
The CPV-affiliated Women's Union and the Government's National
Committee for the Advancement of Women (NCFAW) continued to promote
women's rights, including political, economic, and legal equality, and
protection from spousal abuse. The Women's Union also operated
microcredit consumer finance programs and other programs to promote the
advancement of women. The NCFAW continued implementing the Government's
national strategy on the advancement of women. Key areas of this
strategy focused on placing more women in senior ministry positions and
in the National Assembly. The strategy also focused on increasing
literacy rates, access to education, and health care.

Children.--By law the Government considers anyone born to at least
one Vietnamese citizen parent to be a citizen, although persons born to
non-Vietnamese parents can also acquire citizenship under certain
circumstances. Not all births were registered immediately, but this was
sometimes the result of an uneducated populace. A birth certificate is
required for public services, such as education and health care, and
the choice by some parents, especially ethnic minorities, to not
register their children affected the ability to enroll them in school
and receive government-sponsored care.
Education is compulsory, free, and universal through the age of 14;
however, authorities did not always enforce the requirement, especially
in rural areas, where government and family budgets for education were
strained and children's contribution as agricultural laborers was
valued.
Anecdotal evidence suggested that child abuse and corporal
punishment in schools was widespread. A study conducted by the UN and
the General Statistics Office found that 25 percent of children were
victims of child abuse as reported by their mothers during a study on
domestic violence.
Child prostitution, particularly of girls but also of boys, existed
in major cities. Many prostitutes in Ho Chi Minh City were under 18
years of age. Some minors entered into prostitution for economic
reasons. The penal code, issued in 1999 and updated in 2009,
criminalizes all acts of sale, fraudulent exchange, or control of
children as well as all acts related to child prostitution and forced
child labor. The 2009 penal code carries sentences ranging from three
years' to life imprisonment and fines from VND five million to VND 50
million ($256 to $2,564). Articles 254, 255, and 256 describe acts
related to child prostitution, including harboring prostitution (12 to
20 years' imprisonment), brokering prostitution (seven to 15 years'
imprisonment), and buying sex with minors (three to 15 years'
imprisonment). Similarly, the 1991 Law on Protection, Care, and
Education of Children prohibits all acts of cruel treatment,
humiliation, abduction, sale, and coercion of children into any
activities harmful to their healthy development. The 2004 revised
version has an additional chapter on protection and care of
disadvantaged children.
The minimum age of consensual sex is 18. Statutory rape is illegal
under article 111 of the criminal code. Statutory rape can result in
life imprisonment or capital punishment. Penalties for sex with minors
between the ages of 16 and 18, dependent upon the circumstances, vary
from five to 10 years in prison. The production, distribution,
dissemination, or selling of child pornography is illegal under article
253 of the criminal code and carries a sentence of three to 10 years'
imprisonment.
The Government's National Program of Action for Children for 2001-
10 aimed to create the best conditions to meet demands and rights of
every child, prevent and eliminate child abuse, and implement programs
to prevent child trafficking, child prostitution, and child
pornography. The Government also promulgated the Program on Prevention
and Resolution of the Problems of Street Children, Sex-abused Children,
and Children Being Overworked and Working in Poisonous and Dangerous
Conditions for 2004-10. The program had separate projects for
prevention of sexual child abuse; communication, advocacy, and capacity
enhancement for program management; prevention of and support for
street children; and prevention of hazardous and dangerous working
conditions for children. Initial assessments indicated that these
measures provided an important legal basis for children's matters and
that most local governments, departments, and unions supported these
efforts. A lack of funding and a clear understanding of
responsibilities, along with unclear implementation guidance, hindered
implementation in certain localities.
According to the Ministry of Labor, Invalids, and Social Affairs
(MOLISA), there were an estimated 23,000 street children, who were
sometimes abused or harassed by police. MOLISA managed two centers to
provide support for children in needy situations. Youth unions also
launched awareness campaigns.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction.

Anti-Semitism.--There are small Jewish expatriate communities in
Hanoi and Ho Chi Minh City, with a permanent Chabad-Lubavitch center in
Ho Chi Minh City. There were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--Articles 59 and 67 of the constitution
provide for the protection of persons with disabilities. The Law on
Disabled Persons prohibits discrimination against or maltreatment of
persons with disabilities. The law also encourages the employment of
persons with disabilities. In June the National Assembly enacted a
national law providing for the rights of people with physical, sensory,
intellectual, and mental disabilities. The new law requires equality
for people with disabilities through accommodation, access to
education, employment, health care, rehabilitation, transportation, and
vocational training.
The provision of services to persons with disabilities, although
limited, improved during the year. The Ministry of Transportation
continued to implement accessibility codes for public transportation
facilities and trained transportation agency officials and students on
use of the codes. Construction or major renovation of new government
and large public buildings must include access for persons with
disabilities. The Ministry of Construction maintained enforcement units
in Hanoi, Ho Chi Minh City, Danang, Quang Nam, and Ninh Binh to enforce
the barrier-free codes.
Access to education for children with disabilities, including
blindness, deafness, and mobility restrictions, was extremely limited.
The law provides for preferential treatment for firms that recruit
persons with disabilities and for fines on firms that do not meet
minimum quotas that reserve 2 to 3 percent of their workforce for
workers with disabilities; however, the Government enforced these
provisions unevenly. Firms that have 51 percent of their employees with
disabilities can qualify for special government-subsidized loans.
The Government respected the political and civil rights of persons
with disabilities. Under the election law, ballot boxes may be brought
to the homes of individuals unable to go to a polling station.
The Government supported the establishment of organizations aiding
persons with disabilities. Such persons were consulted in the
development or review of national programs, such as the national
poverty reduction program, vocational laws, and various educational
policies. The National Coordination Committee on Disabilities and its
ministry members worked with domestic and foreign organizations to
provide protection, support, physical access, education, and
employment. The Government operated a small network of rehabilitation
centers to provide long-term, inpatient physical therapy. Several
provinces, government agencies, and universities had specific programs
for those with disabilities.

National/Racial/Ethnic Minorities.--Although the Government
officially prohibits discrimination against ethnic minorities,
longstanding societal discrimination against ethnic minorities
persisted. Despite the country's significant economic growth, some
ethnic minority communities benefited little from improved economic
conditions. In certain areas, including the Northwest Highlands,
Central Highlands, and portions of the Mekong Delta, ethnic minority
groups made up the majority of the population.
Some members of ethnic minority groups continued to leave for
Cambodia and Thailand, reportedly to seek greater economic opportunity
or shortcuts to immigration to other countries. Government officials
monitored certain highland minorities closely, particularly several
ethnic groups in the Central Highlands, where it continued to impose
security measures because of concern that the religion they practiced
encouraged ethnic minority separatism.
The Government continued to impose security measures in the Central
Highlands in response to concerns over possible ethnic minority
separatist activity. There were reports that ethnic minority
individuals who telephoned the ethnic minority community abroad were a
special target of police attention. Several individuals connected to
overseas separatist organizations were arrested, convicted, and
sentenced to lengthy prison terms. During the period around sensitive
occasions and holidays, an increased security presence was reported
throughout the region. There were a few reports that members of ethnic
minorities seeking to enter Cambodia were returned by Vietnamese police
operating on both sides of the border, sometimes followed by police
beatings and detentions.
The Government continued to address the causes of ethnic minority
discontent through special programs to improve education and health
facilities and expand road access and electrification of rural
communities and villages. The Government allocated land to ethnic
minorities in the Central Highlands through a special program, but
there were complaints that implementation of these special programs was
uneven.
The Government maintained a program to conduct classes in some
local ethnic minority languages in elementary and secondary schools.
The Government worked with local officials to develop local language
curricula, but it appeared to implement this program more
comprehensively in the Central Highlands and the Mekong Delta than in
the mountainous northern and northwestern provinces. Ethnic minorities
were not required to pay regular school fees, and the Government
operated special schools for ethnic minorities in many provinces,
including subsidized boarding schools at the middle- and high-school
levels. The Government offered special admission and preparatory
programs as well as scholarships and preferential admissions at the
university level. There were also a few government-subsidized technical
and vocational schools for ethnic minorities. Nonetheless, there were
credible cases of discrimination against Christian ethnic minorities,
although the law provides for universal education for children
regardless of religion or ethnicity.
The Government broadcast radio and television programs in ethnic
minority languages in some areas. The Government also instructed
ethnic-majority Kinh officials to learn the language of the locality in
which they worked. Provincial governments continued initiatives
designed to increase employment, reduce the income gap between ethnic
minorities and ethnic Kinh, and make officials sensitive and receptive
to ethnic minority culture and traditions.
The Government granted preferential treatment to domestic and
foreign companies that invested in highland areas, which are populated
predominantly by ethnic minorities. The Government also maintained
infrastructure development programs that targeted poor, largely ethnic
minority areas and established agricultural extension programs for
remote rural areas. The July and August visits of the UN independent
expert on minority issues and the independent expert on human rights
and extreme poverty focused on the need to facilitate bilingual
education to improve the economic situation of minorities. Both experts
visited majority minority areas, including the Northwest Highlands,
Central Highlands, and portions of the Mekong Delta.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--A homosexual community exists
but was largely underground. There are no laws that criminalize
homosexual practices. There was no official discrimination in
employment, housing, statelessness, or access to education or health
care based on sexual orientation, but social stigma and discrimination
was pervasive. Most homosexual persons chose not to tell family of
their sexual orientation for fear of being disowned.
There was growing public awareness of homosexuality and little
evidence of direct official discrimination based on sexual orientation.
In contradiction of the penal code, the chief judge of the Quang Binh
Provincial People's Court in August refused to prosecute the gang rape
of a transsexual, claiming the code did not address rape of
transgendered individuals.

Other Societal Violence or Discrimination.--There was no evidence
of official discrimination against persons with HIV/AIDS, but societal
discrimination against such persons existed. Individuals who tested
positive for HIV reported latent social stigma and discrimination,
although not in receiving medical treatment for their condition. The
law states that employers cannot fire individuals for having HIV/AIDS
and doctors cannot refuse to treat persons with HIV/AIDS. However,
there were credible reports that persons with HIV/AIDS lost jobs or
suffered from discrimination in the workplace or in finding housing,
although such reports decreased. The Government reported approximately
5,100 school age children with HIV/AIDS. In several cases HIV/AIDS-
infected children or HIV/AIDS orphans were barred from schools due to
pressure from other parents. With the assistance of foreign donors, the
national government and provincial authorities took steps to treat,
assist, and accommodate persons with HIV/AIDS and thereby decrease
societal stigma and discrimination, but these measures were not
consistently applied. Faith-based charities were sometimes permitted to
provide HIV prevention and home-based care services to persons with or
affected by HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law does not allow workers to
organize and join independent unions of their choice. While workers may
chose whether or not to join a union and the level (local, provincial,
or national) at which they wish to participate, every union must be
affiliated with the country's only trade union, the Vietnam General
Confederation of Labor (VGCL).
The VGCL, a union umbrella organization controlled by the CPV,
approves and manages a range of subsidiary labor unions organized
according to location and industry. By law the provincial or
metropolitan branch of the VGCL is responsible for organizing a union
within six months of the establishment of any new enterprise, and
management is required to cooperate with the union.
According to VGCL statistics, in November its total membership was
more than seven million, an estimated 15 percent of the total labor
force. Of the VGCL members, 53 percent worked in the public sector and
state-owned enterprises and 47 percent in the private sector.
Approximately three million union members worked in the private sector,
including in enterprises with foreign investment (nearly 1.4 million
persons). The VGCL reported that more than 102,000 individual workplace
unions existed, with approximately 75,000 unions in the public sector
and state-owned enterprises and 31,000 unions in the private sector.
The law does not allow for independent unions; however, a 2007
revision states that the negotiation of disputes can be led and
organized by ``relevant entities,'' which may be composed of worker
representatives when the enterprise in question does not have a union.
While the law allows for ``union activities,'' especially during
emergencies such as a strike, the VGCL is required to establish an
official union within six months. There was little evidence that
leaders or organizations active during this six-month window continued
to be active or recognized afterwards.
There are mandatory union dues for union members of 1 percent of
salary, and employers must contribute 2 percent of payroll. In foreign
direct investment companies, employers are required to contribute 1
percent of payroll. While these dues are intended to support workers
and union activities, there was little transparency regarding their
use. The vast majority of the workforce was not unionized and did not
pay union dues, as almost 36 million of the country's 46.7 million
total laborers worked in the informal sector and engaged in activities
such as small-scale farming or worked in small private-sector
companies.
Union leaders influenced key decisions, such as amending labor
legislation; developing social safety nets; and setting health, safety,
and minimum wage standards.
Strikes are illegal if they do not arise from a collective labor
dispute or if they concern problems that are outside of labor
relations. The law stipulates an extensive and cumbersome process of
mediation and arbitration that must be followed before a strike may
take place. Before a legal strike can be held, workers must take their
claims through a process involving a conciliation council (or a
district-level labor conciliator where no union is present); if no
resolution is obtained, the claims must be submitted to a provincial
arbitration council. Unions (or workers' representatives where no union
is present) have the right either to appeal decisions of provincial
arbitration councils to provincial people's courts or to go on strike.
Individual workers may take cases directly to the people's court
system, but in most cases they may do so only after conciliation has
been attempted and has failed. The amendment also stipulates that
workers on strike will not be paid wages while they are not at work.
The labor code prohibits strikes in 54 occupational sectors and
businesses that serve the public or that the Government considers
essential to the national economy and defense. A decree defines these
enterprises as those involved in electricity production; post and
telecommunications; railway, maritime, and air transportation; banking;
public works; and the oil and gas industry. The ``essential services''
under this decree are defined much more broadly than in the
International Labor Organization (ILO) criteria. The law also grants
the prime minister the right to suspend a strike considered detrimental
to the national economy or public safety.
The VGCL reported 424 strikes throughout the year, with more than
83 percent occurring in Ho Chi Minh City and surrounding provinces.
This represented an increase compared with 310 strikes in 2009 but well
below peak levels in 2008, when 762 strikes were recorded. The vast
majority of strikes typically did not follow the authorized
conciliation and arbitration process and thus were considered illegal
``wildcat'' strikes. During the year 85 percent of strikes occurred in
foreign-invested companies, primarily those owned by Taiwanese or South
Koreans.
While wildcat strikes are illegal, the Government tolerated them
and took no action against the strikers. The law prohibits retribution
against strikers, and there were no reports of retribution. In some
cases the Government disciplined employers for the illegal practices
that led to strikes, especially with foreign-owned companies. By law
individuals participating in strikes declared illegal by a people's
court and found to have caused damage to their employer are liable for
damages.

b. The Right to Organize and Bargain Collectively.--The law
provides VGCL-affiliated unions the right to bargain collectively on
behalf of workers; the law was generally enforced, although VGCL-
affiliated unions were not independent. Collective labor disputes over
rights must be routed through a conciliation council and, if the
council cannot resolve the matter, to the chairperson of the district-
level people's committee. The law stipulates an extensive and
cumbersome process of mediation and arbitration that must be followed
before a strike may take place.
There are no special laws or exemptions from regular labor laws in
export processing zones and industrial zones. A May 2009 government
circular tasks zone boards with responsibility for monitoring labor law
compliance within their zones. There was no evidence that labor
inspection quality or frequency differed within the zones. However,
there were credible reports that employers, both in and outside the
zones, tended to use short-term or probationary contracts to avoid
certain legally mandated worker benefits such as unemployment insurance
or to inhibit workers from joining trade unions.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced and compulsory labor, including by children; however, there were
reports that such practices occurred. Prisoners routinely were required
to work for little or no pay under administrative and legislative
regulations. They produced food and other goods used directly in
prisons or sold on local markets, reportedly to purchase items for
their personal use. There was anecdotal evidence and press reports of
forced labor by children in small privately owned garment factories and
gold mines and by ethnic minority adults on coffee plantations in the
Central Highlands.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits most child labor but allows exceptions for certain types
of work. However, child labor remained a problem, particularly in rural
areas, where two-thirds of the population resided. The law sets the
minimum age for employment at 18, but enterprises may hire children
between 15 and 18 if the firm obtains permission from parents and
MOLISA. A 2006 ILO analysis of the country's household surveys showed
that 6.7 percent, or 930,000, of children between the ages of six and
17 participated in some economic activity, usually on family farms or
in family businesses not within the scope of the law.
By law an employer must ensure that workers under 18 do not
undertake hazardous work or work that would harm their physical or
mental development. Prohibited occupations are specified in the law.
The law permits children to register at trade training centers, a form
of vocational training, from the age of 13. Children may work a maximum
of seven hours per day and 42 hours per week and must receive special
health care. A 2008 MOLISA survey reported that there were more than
25,000 children working in conditions considered hazardous, but some
observers questioned the accuracy of this number.
In rural areas children worked primarily on family farms and in
other agricultural activities and household responsibilities. In some
cases they began work as young as age six and were expected to do the
work of adults by the time they were 15. Especially during harvest and
planting seasons, some parents did not permit children to attend
school. Migration from rural to urban settings exacerbated the child
labor problem, because unauthorized migrants were unable to register
their households in urban areas. Consequently, their children could not
attend public schools, and families had less access to credit.
Officials stated that juveniles in education and nourishment centers,
which functioned much as reform schools or juvenile detention centers,
were commonly assigned work for ``educational purposes.''
In urban areas children worked in family-owned small businesses or
on the street shining shoes or selling articles such as lottery tickets
and newspapers. One shelter reported that children as young as nine
years were lured into Ho Chi Minh City to sell lottery tickets. Child
labor was also increasingly common in small urban factories. Labor
officials in Ho Chi Minh City declared that 62 of 173 production units
they inspected in 2009 used illegal child labor. During the year city
labor officials reported 558 documented child laborers, but
international organizations estimated that there were between 2,500 and
5,000 child laborers under age 14. Most were employed in garment or
mechanic workshops in Binh Tan, Tan Phu, and Binh Chanh districts.
Government inspectors reported that more than 96 percent of child
workers were employed without official documentation and that 75
percent were from the central coast and Mekong Delta provinces. A 2009
ILO study also found evidence of child labor in family or small
informal businesses such as brick-making, stone and wood carvings, and
rubber sap collection; however, the survey authors refrained from
drawing nationwide conclusions based on these limited data.
MOLISA is responsible for enforcing child labor laws and policies.
Government officials may fine and, in cases of criminal code
violations, prosecute employers who violate child labor laws. While the
Government committed insufficient resources to enforce effectively laws
providing for children's safety, especially for children working in
mines and as domestic servants, it detected some cases of child
exploitation, removed the children from the exploitive situations, and
fined the employers.
The Government also continued programs to eliminate persistent
child labor, with a particular focus on needy families and orphans, and
in March launched a joint project with the ILO to eliminate the worst
forms of child labor.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

e. Acceptable Conditions of Work.--The law requires the Government
to set a minimum wage, which is adjusted for inflation and other
economic changes. The official monthly minimum wage for unskilled
laborers at foreign-investment joint ventures and foreign and
international organizations was between VND 1.19 million ($61) and 1.34
million VND ($69) in urban areas and approximately VND 1 million ($53)
in rural areas. For employees working for the state sector or domestic-
owned private-sector companies, on farms, or in family households, the
official minimum wage was between VND 730,000 ($37) and VND 980,000
($50), based on the region. While this was above the poverty line set
by the Government, many considered this amount inadequate to provide a
worker and family a decent standard of living.
The Government set the workweek for government employees and
employees of companies in the state sector at 40 hours, and it
encouraged the private business sector and foreign and international
organizations that employed local workers to reduce the number of hours
in the workweek to 40 hours but did not make compliance mandatory.
The law sets normal working hours at eight hours per day, with a
mandatory 24-hour break each week. Additional hours require overtime
pay at one and one-half times the regular wage, two times the regular
wage for weekdays off, and three times the regular wage for holidays
and paid leave days. The law limits compulsory overtime to four hours
per week and 200 hours per year but provides for an exception in
special cases, where this maximum can be up to 300 overtime hours
worked annually, subject to stipulation by the Government after
consulting with VGCL and employer representatives. The law also
prescribes annual leave with full pay for various types of work. It was
unclear how strictly the Government enforced these provisions. There
were credible reports that factories exceeded the legal overtime
thresholds and did not meet legal requirements for rest days.
By law a female employee who is engaged to be married, pregnant, on
maternity leave, or caring for a child under one year of age cannot be
dismissed unless the enterprise closes. Female employees who are at
least seven months' pregnant or are caring for a child under one year
of age cannot be compelled to work overtime, at night, or in locations
distant from their homes. It was not clear how well the law was
enforced.
The law requires the Government to promulgate rules and regulations
that provide for worker safety. MOLISA, in coordination with local
people's committees and labor unions, is charged with enforcing the
regulations, but enforcement was inadequate for many reasons, including
low funding and a shortage of trained enforcement personnel. The VGCL
asserted that authorities did not always prosecute violations. MOLISA
acknowledged shortcomings in its labor inspection system, emphasizing
that the country had an insufficient number of labor inspectors. The
VGCL stated, and MOLISA acknowledged, that low fines on firms for labor
violations failed to act as an effective deterrent against violations.
During the year a government decree increased fines on employers who
failed to pay mandated social insurance premiums on behalf of
employees. MOLISA stated these increased fines were still too low to
deter violations. On-the-job injuries due to poor health and safety
conditions and inadequate employee training in the workplace were a
problem, but the number of reported workplace fatalities decreased from
550 in 2009 to 287 in the first 10 months of the year. Machinery, such
as rolling mills and presses, caused the greatest number of
occupational injuries.
According to a 2008 survey by MOLISA on working conditions in small
and medium-sized enterprises, up to 80 percent did not meet minimal
work safety requirements, 8 percent had working conditions described as
considerably poor, and 90 percent used obsolete machines and equipment.
Employees typically worked in hazardous working environments--31
percent worked in very hot conditions, 24 percent in excessively noisy
conditions, and 17 percent in places with high levels of dust.
The law provides that workers may remove themselves from hazardous
conditions without risking loss of employment; however, it was unclear
how well this was enforced. MOLISA stated that there were no worker
complaints of employers failing to abide by the law.

__________

EUROPE AND EURASIA

----------

ALBANIA

The Republic of Albania is a parliamentary democracy with a
population of approximately three million. The constitution vests
legislative authority in the unicameral Assembly (parliament), which
elects both the prime minister and the president. The prime minister
heads the Government, while the president has limited executive power.
In June 2009 the country held parliamentary elections, which the
Organization for Security and Cooperation in Europe (OSCE) Office for
Democratic Institutions and Human Rights (ODIHR) described as marking
progress over past elections, but not fully realizing OSCE commitments.
While the opposition Socialist Party (SP) voted to certify the
elections as legal and final, it began a boycott of the parliament in
September 2009, calling for an investigation into alleged electoral
fraud. The boycott continued at year's end. Security forces reported to
civilian authorities.
There were reports that police severely beat and mistreated
suspects during interrogation and detention. Some cases of physical
mistreatment were reported in prisons. Police corruption and impunity
persisted. Government corruption remained a serious and unresolved
problem. Discrimination against women, children, homosexual persons,
and minorities were problems. Trafficking in persons also remained a
problem.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings. The killings of two political figures--Socialist
Party Member of Parliament Fatmir Xhindi and a Christian Democrat
leader, Alex Keka--were under investigation and remained unresolved at
year's end.
On December 12, the Parliamentary Assembly of the Council of Europe
(COE) released COE rapporteur Dick Marty's report on allegations
concerning inhuman treatment of persons and illicit trafficking in
human organs. The report stated that, from July 1999 to mid-2000,
elements of the Kosovo Liberation Army (KLA) and affiliates held scores
of ``disappeared'' persons at temporary locations at Bicaq, Burrel,
Rripe, and Fushe-Kruje. The report alleged that some of these persons
had their kidneys extracted for use by an international organ-
trafficking ring. The report alleged that most of those held--ethnic
Albanians and Serbs whom the KLA believed to be collaborators--were
presumed to have been killed. According to the report, first-hand
sources credibly implicated five members of the ``Drenica Group''
within the KLA in having ordered, and in some cases personally
overseen, killings, detentions, beatings, and interrogations in the
context of KLA-led operations on the territory of Albania between 1998
and 2000. The report also stated that the head of the Drenica Group,
Kosovo Prime Minister Hasim Thaqi, operated with the ``support and
complicity'' of Albania's government, secret service, and the mafia.
Albanian authorities denounced the content of the report but pledged
their cooperation with any investigation.
The UN Interim Administration Mission in Kosovo (UNMIK) and
International Criminal Tribunal for the Former Yugoslavia (ICTY) whose
mandates did not extend into Albania, previously investigated the
allegations of organ harvesting contained in the Marty report and
concluded that there was insufficient evidence to pursue a criminal
case.
The EU Rule of Law Mission in Kosovo (EULEX) War Crimes Unit
maintained an open but inactive investigation into the organ
trafficking allegations. The EULEX War Crimes Unit stated that it
possessed no evidence related to these allegations and called on the
COE and other parties to share whatever evidence they may have
obtained. Following the release of the COE report, EULEX indicated that
it lacked jurisdiction to investigate alleged crimes committed on the
territory of Albania. However the Government publicly expressed its
willingness to cooperate with an investigation of these alleged crimes.
During the year there were continuing reports of societal killings,
including both generational ``blood feud'' and revenge killings. Such
killings sometimes involved criminal gangs. According to the Interior
Ministry, there were five blood feud-related killings during the year.
However, NGOs reported 55 blood feud-related killings during the year.
According to NGOs, fear of blood feud reprisals effectively imprisoned
approximately 1,490 families their homes. The Court of Serious Crimes
tried blood feud cases. The law punishes premeditated murder, when
committed for revenge or a blood feud, with 20 years' or life
imprisonment.

b. Disappearance.--There were no reports of politically motivated
disappearances.
Albanian prosecutors believed that they had traced Ilir Kumbaro, on
trial with three of his National Intelligence Service (SHISH)
colleagues for the 1995 kidnapping and torture of Remzi Hoxha and two
other citizens, to the United Kingdom, where he was allegedly living
under an assumed name and had applied for asylum. The prosecutor
requested extradition. The trial and the extradition request were
pending at year's end.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such actions; however,
police and prison guards sometimes beat and abused suspects and
detainees.
During the year the Government continued to implement
recommendations resulting from the Council of Europe's Committee for
the Prevention of Torture (CPT) 2008 visit to the country's prisons and
detention centers. In its report on the visit, the CPT noted credible
allegations of physical mistreatment, at times severe, mostly during
police questioning.
The December 12 COE report on inhuman treatment of persons and
illicit trafficking in human organs (see section 1.a.) alleged that, in
1998 to June 1999, the KLA with the cooperation of SHIK, detained
``prisoners of war'' from Kosovo at locations it Durres, Cahan, and
Kukes, where they were held in makeshift cellblocks, left in insanitary
conditions without food and water, and were visited periodically by KLA
soldiers to be questioned under harsh treatment, or indiscriminately
beaten.
The Albanian Helsinki Committee (AHC) and the Albanian Human Rights
Group (AHRG) reported that police sometimes used excessive force or
inhuman treatment. During the year the AHC reported that it received 10
complaints of mistreatment by police and prison staff. The majority of
these complaints concerned unjustified stops by police, detention past
legal deadlines, failure to make citizens aware of their rights when
detained, and poor conditions of detention centers. The AHC reported
that conditions and treatment while in police custody are more
problematic than in the prison system. According to the AHRG, police
more often mistreated suspects at the time of arrest or initial
detention. Roma, Balkan-Egyptians, and persons engaging in homosexual
conduct were particularly vulnerable to police abuse.
Police sometimes used threats and violence to extract confessions.

Prison and Detention Center Conditions.--The Ministry of Justice
operated all detention facilities, while the Ministry of Interior
oversaw police detention facilities.
Prison conditions varied widely between prison facilities dating
from the communist period and those opened after 1991. In the
facilities dating from the communist period, concerns existed about
adequate provisions for sanitation, ventilation, lighting, health care,
and access to potable water. The Government was taking steps to address
these needs and slowly phase out the older facilities. Establishments
opened after 1991 generally met international standards. Changes in the
law establishing a probation system, usage of alternative sentencing
guidelines, and the construction of new prisons decreased overcrowding.
The Albanian Helsinki Committee (AHC) reported during the year that
there was a general alleviation of prison overcrowding, largely due to
probationary services. Prisons have obtained modernized medical
equipment and additional medical staff and supplies. However, access to
medical care was not always available. During the year the AHC found
that infrastructure conditions in some of the police detention
facilities were very troubling.
Prisoners and detainees have the right to meet relatives and
meetings can occur up to four times per month for adults and up to
eight times for juveniles. Prisoners and detainees are free to exercise
their religion and some facilities have special places for religious
services.
Prisoners and detainees are permitted to submit complaints to the
ombudsman. Every penal installation has a mailbox in which prisoners
and detainees are entitled to submit complaints without censorship. The
ombudsman reported that this service was functional. Prisoners and
detainees are also entitled under the law to submit complaints to
judicial and administrative authorities.
Authorities investigated credible allegations of inhumane
conditions and documented the results of such investigations, although
the results were not always easily accessible to the general public.
According to the Government, in 2009 the Government carried out over
350 inspections and investigations.
The Government allowed local and international human rights groups,
the media, and others to monitor prison conditions. The law provides
for an ombudsman to implement the National Mechanism for Torture
Prevention. The ombudsman also monitored prison conditions and acted on
prisoner complaints. The ombudsman found that several facilities lacked
the appropriate infrastructure and found instances of overcrowding. The
ombudsman investigated allegations of corruption within the prison
system and found corruption to be a serious problem. However, the
ombudsman's term in office ended in March, and the parliament was
unable to appoint a new ombudsman, leaving a gap which hindered the
functioning of this office.
During the year there were no reports that authorities held minors
together with adults. In October 2009 the Government opened the
Juvenile Institute in Kavaje, which serves as a rehabilitation,
correctional, and consultation center for juveniles.
In 2009 authorities initiated 361 disciplinary proceedings against
prison guards and officials.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, there were some
reports that police occasionally arbitrarily arrested and detained
persons.

Role of the Police and Security Apparatus.--Local police units
report to the Ministry of Interior and are the main force responsible
for internal security.
Despite improvements in law enforcement training and management,
police did not consistently respect the human rights of citizens during
the performance of their duty and were not fully accountable to the
rule of law. In some instances, police impunity was a problem. Police
officers did not enforce the law equally and an individual's political
or criminal connections often influenced enforcement of laws. Low
salaries contributed to continued corruption and unprofessional
behavior which remained impediments to the development of an effective
civilian police force.
During the year the ombudsman processed and completed complaints
against police officers mainly on arrest and detention problems; the
ombudsman resolved nearly one third in favor of the complaining
citizen.

Arrest Procedures and Treatment While in Detention.--The
constitution requires that authorities inform detained persons
immediately of the charges against them and of their rights. Police
sometimes failed to inform citizens of their rights at the time of
arrest. Under the law, police must immediately inform the prosecutor of
an arrest. The prosecutor may release the suspect or petition the court
within 48 hours to hold the individual further. A court must decide
within 48 hours whether to place a suspect in detention, require bail,
prohibit travel, or require the defendant to report regularly to the
police. In practice prosecutors requested and courts routinely ordered
detention in many criminal cases. However, courts routinely denied
prosecutors' requests for detention for well-connected, high-profile
defendants. In many cases house arrest was granted and not enforced
consistently; time spent under house arrest accrued toward prison time
if a defendant was convicted.
Courts must provide indigent defendants with free legal counsel.
According to the AHC, police officers often failed to inform defendants
of this right, and there were complaints by detainees that authorities
did not provide them with defense counsel from the outset of their
detention. The AHC and several NGOs offered free legal advice and
advocacy services to indigent persons.
The law requires completion of most pretrial investigations within
three months; however, a prosecutor may extend this period to two years
or longer. The law provides that the maximum pretrial detention should
not exceed three years; there were no reports that authorities violated
this limit during the year. However, lengthy pretrial detentions often
occurred due to delayed investigations, defense mistakes, or the
intentional failure of defense counsel to appear. For example, in the
2008 Gerdec case involving the explosion of a former military
ammunition demilitarization facility resulting in 26 deaths. During the
year the hearings were postponed 77 times, due in many cases to the
failure of defense attorneys to appear or due to the absence of a
member of the court. Under the law, a judge cannot hold an attorney in
contempt of court to prevent these actions by attorneys.
Limited material resources, lack of space, poor court calendar
management, insufficient staff, and failure of attorneys and witnesses
to appear prevented the court system from adjudicating cases in a
timely fashion.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary; however, political pressure, intimidation,
widespread corruption, and limited resources sometimes prevented the
judiciary from functioning independently and efficiently. The
politicization of appointments to the High and Constitutional Courts
threaten to undermine the independence and integrity of these courts.

Trial Procedures.--The law provides for the right to a fair trial
with defendants presumed innocent until convicted. The court system
does not provide for jury trials. Prosecutors and defense lawyers
present cases to a judge or panel of judges, and defendants have the
right to access all evidence that prosecutors present to the judges,
can question witnesses against them, and present witnesses and
evidence. Defendants have the right to appeal. The law mandates an
alternative sentencing system for juveniles.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees; however, former political prisoners
under the communist government complained that they had either not
received the compensation due them under the law or that payments were
coming too slowly.

Regional Human Rights Courts Decisions.--During the year the
European Court of Human Rights (ECHR) delivered eight judgments
concerning the country. These cases largely concerned the right to a
fair trial within a reasonable time, the right to an effective remedy,
and the right to peaceful enjoyment of possessions. As of September
there were 287 cases pending before the ECHR regarding Albania.

Civil Judicial Procedures and Remedies.--There is a functional
civil law system where citizens have access to redress; however, it was
susceptible to corruption, inefficiency, and political tampering. These
factors undermine the judiciary's authority, contribute to
controversial court decisions, and lead to an inconsistent application
of civil law. The Bailiff's Office is responsible for enforcing civil
judgments. The law allows private bailiffs to enforce judgments,
facilitating both private and public entities to help enforce rulings.
However, complete and timely enforcement of court decisions remained
elusive.

Property Restitution.--The laws governing restitution or
compensation for private and religious property confiscated during the
communist era are complex, and a large number of cases involving
conflicting claims by new owners and the state (on one side) and former
owners (on the other) remained unresolved. There was no update to the
September 2008 European Parliament briefing paper on property
restitution in the country which noted that the first round of
judgments of the ECHR had found ``serious deficiencies'' in the
administrative and judicial system of the country with respect to
property restitution and compensation of former owners. The judiciary
has serious problems with independence, transparency, and
accountability.
As in previous years, the Government did not provide restitution or
compensation to religious organizations for religious properties and
objects that the former communist government confiscated or damaged.

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government respected
many of these rights in practice, however: there were reports that the
Government and businesses influenced and pressured the media.
Individuals could freely criticize the Government publicly or
privately without reprisal, although there were some exceptions. Some
media outlets reported they experienced selective tax inspections due
to their editorial point of view. Two dailies (Tema and Korrieri)
closed in the spring after receiving fines of 20 million leks and 22
million leks respectively ($200,000 and $220,000). The dailies stated
that the Government imposed the fines due to their lack of
documentation showing they had destroyed unsold copies. Tema stated
that inspections went as far back as 2005. Tema appealed the fine with
the Ministry of Finance and the case was ongoing. In October Tema
resumed publication after a reorganization.
The media were active and largely unrestrained, however; there were
cases of direct and indirect political pressure on the media, including
threats against journalists. At times political pressure and lack of
funding constrained the independent print media, and journalists
reported that they practiced extensive self-censorship. Political
parties, trade unions, and other groups published newspapers or
magazines independent of government influence.
The public Albanian Radio and Television operated a national
television channel and a national radio station and, by law, receives
50 percent of its budget from the Government. The station remained
under government control in its editorial line. While private stations
generally operated free of direct government influence, most owners
believed that the content of their broadcasts could influence
government action toward their other businesses. Business owners also
freely used media outlets to gain favor and promote their interests
with both major parties.
The investigative role of the media continued during the year.
Leading broadcaster Top Channel's popular investigative satirical show,
Fiks Fare, led to dismissals and criminal cases against corrupt public
officials. In 2009 hidden camera footage led to the dismissal of
former-minister of culture, youth, and sports Ylli Pango who was
accused of sexual misconduct. On June 18, the Tirana District Court
heard Pango's lawsuit and decided to fine the broadcaster 51 million
leks ($500,000) for ``harming the ex-minister's moral stature and
causing anxiety and grief.'' The station appealed the ruling, and the
case was pending at year's end.
In March the appellate court remanded the modified 2006 Council of
Ministers decision to break its 20-year lease of space to Top Channel,
a private television station that was sometimes critical of the
Government, and order the station to vacate the state-owned office
building in which it was located. The council agreed to allow Top
Channel to move to another state-owned property. Despite this order,
the station claimed that tenants in the new property did not allow Top
Channel to move in and carry out its work. In March the Appeals Court
returned the case for readjudication to the Tirana District Court. The
case was ongoing at year's end.
The law punishes libel with a prison sentence of up to two years
and a fine. During the year there were no libel suits against
reporters. However, two media outlets, Vision Plus and Shekulli, filed
libel suits against the prime minister in December for prejudicial
public statements that he allegedly made against them in parliament.
The High Court ruled in May and June on the lawsuits, citing that
``there were no elements of the criminal offences of insult and
defamation because the damaged parties could not prove the charges.''
Various forms of media intimidation continued. Journalists
continued to complain that publishers and editors censored their work,
either directly or indirectly in response to political and commercial
pressures. Many journalists complained that their lack of employment
contracts frequently hindered their ability to report objectively.
On November 14, a Gjirokaster correspondent of the daily Panorama
newspaper was reportedly assaulted by two persons. The assailants
reportedly told the reporter to stop writing in the newspaper. Before
the assault, the reporter had printed an interview with an unnamed
woman who reportedly worked in drug plantations in Lazarat. The
reporter filed a criminal suit with the Prosecutor's Office. The case
was ongoing at year's end.
In December businessman Rezart Taci, who was accused of assaulting
journalist Mero Baze in November 2009 for Baze's reporting on alleged
corruption in the privatization of ARMO, the country's state-owned oil
refinery, was acquitted. His two bodyguards were each fined 350,000
leks ($3,500).

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedoms of assembly
and association, and the Government generally respected these rights in
practice.
The law requires the organizers of gatherings in public places to
notify police three days in advance; there were no reports that police
arbitrarily denied such gatherings.

Freedom of Association.--The constitution provides for freedom of
association and the Government generally respected it in practice. The
law prohibits the formation of any political party or organization that
is nontransparent or secretive; there were no reports that the
Government used this provision against any group during the year.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
Internal migrants must transfer their civil registration to their
new community of residence to receive government services and must
prove they are legally domiciled through property ownership, a property
rental agreement, or utility bills. Many persons could not provide this
proof and thus lacked access to essential services. Other citizens
lacked formal registration in the communities in which they resided,
particularly Roma and Balkan-Egyptians. The law does not prohibit their
registration, but it was often difficult in practice to complete.
The law prohibits forced exile, and the Government did not employ
it.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees.
In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion. Under the law, there is no time limit for requesting asylum,
but the Government must make the decision regarding granting asylum
within 101 days of the initial request. The Government generally
complied with this time frame. The Government actively cooperated with
the UNHCR and the Refugee and Migrants Services Albania, which provided
assistance to refugees.
The Government provided temporary protection to refugees and
provided it to 99 persons during the year.
In cooperation with international organizations, the Government,
through the EU's Community Assistance for Reconstruction, Development,
and Stabilization program, prescreened undocumented migrants at all
border crossing points. Under the program, an NGO and government team
assisted border police in identifying undocumented migrants who were
potential victims of trafficking, asylum-seekers, or economic migrants.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic elections based on universal suffrage.

Elections and Political Participation.--In June 2009 the country
held parliamentary elections that the OSCE ODIHR election observation
mission stated met most OSCE commitments but nevertheless ``did not
fully realize the country's potential to adhere to the highest
standards for democratic elections.'' The observation mission
specifically cited problems in administrative procedures with the vote
count, ``a highly polarized environment,'' biased media coverage, and
procedural violations, such as proxy voting. ODIHR observers assessed
voting positively in 92 percent of voting centers.
The process through which political parties name electoral
commissioners remains opaque. According to the law, political parties
should name electoral commissioners 45 to 90 days prior to the election
depending on their role. However, political parties did not always
follow the law in practice. As a result, political parties often
changed commissioners, or did not name them until shortly before
elections, preventing them from receiving the training required to
execute their duties effectively. Electoral commissioners were also
susceptible to interference from political parties.
At year's end the political impasse that followed the June 2009
election continued. The SP, despite having certified the electoral
results, boycotted parliament, called for investigations into alleged
electoral fraud, and blocked key legislation requiring a parliamentary
super majority, including the establishment of an administrative courts
system. The parliament's work has been obstructed by the ongoing
political impasse and neither the SP nor the Government has shown a
readiness to compromise and end the deadlock. As a result, the
parliament was not fully functioning during the year, and the
parliament approved almost no major legislative proposals.
Political parties operated without restriction or outside
interference. The country has two major political parties, the
Democratic Party (DP) and the SP and many smaller parties. In the June
2009 elections, 34 parties campaigned freely throughout the country.
Political party financing was largely opaque.
Overall, women were poorly represented at the national and local
levels of government, despite commitments by the major political
parties to increase their representation. After the June 2009
elections, there were 23 women in the 140-seat parliament, an increase
from nine in the previous parliament. These included the speaker and
one woman in the Council of Ministers.
The law mandates that women fill 30 percent of appointed and
elected positions, and the electoral code provides that 30 percent of
candidates should be women. However, not all parties followed the
electoral code, and many placed women's names in low spots on the
ballot, virtually assuring that they would not win a seat in the
parliament under the country's regional proportional parliamentary
system in which votes are allocated to candidates in order of their
appearance on the ballot.
Several members of the Greek minority served in parliament and in
the executive branch in ministerial and subministerial positions,
including as the minister of labor.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, despite several arrests of high-level local and central
government officials, government corruption remained a major obstacle
to meaningful reform. World Bank governance indices for 2009 indicated
that corruption was a serious problem According to a corruption survey
released during the year, 91.8 percent of respondents think that
corruption among public officials was either ``widespread'' or
``somewhat widespread.'' Respondents to the survey stated that customs
and tax officials, as well as doctors, were the most corrupt
institutions and groups.
The Government prosecuted corrupt officials and managed complaints
regarding corrupt police through the ombudsman and the Internal Control
Service of the Albanian State Police. However, broad immunity
provisions for judges, members of parliament, and other high level
officials hindered the Government's ability to prosecute high-level
corruption. Immunity can only be lifted by parliament or by a High
Council of Justice decision. The Government's anticorruption task force
against organized crime coordinated anticorruption activities. The
prime minister headed the task force that included several ministers
and heads of independent state-owned agencies, such as the public
electricity company and representatives of the police and intelligence
organizations.
The law prohibits government ministers and their close family
members from owning a company directly tied to their official
responsibilities. Since its inception in 2003, the High Inspectorate
for the Declaration and Audit of Assets (HIDAA) received assets
declarations from officials. HIDAA is charged with the implementation
of the asset declaration law and the conflict of interest law. Each
year HIDAA collects nearly 4,000 asset declaration forms from
politicians, public servants, and the judiciary. HIDAA selected 4
percent randomly for a full administrative investigation. HIDAA also
investigated cases that the media, civil society, or others referred to
it. HIDAA's mandate is limited in that it conducts administrative
investigations and refers cases to prosecutors for additional
investigation. During the year HIDAA sent 14 cases to prosecutors for
further investigation and facilitated the resolution of 197 conflict of
interest cases. During the year there were new officials who declared
their assets for the first time. HIDAA administers conflict of interest
regulations; during the year it fined individuals for delaying their
submissions and fined 29 for conflict of interest. During the year the
Ministry of Interior reported that the state police investigated 1,931
cases related to corruption and financial crimes, and authorities
arrested 359persons. The Government confiscated approximately 835
million leks ($8 million) in assets. According to the Ministry of
Interior, police dismantled organized criminal groups during the year.
However, organized crime remained a serious problem.
The Joint Investigative Units to Fight Economic Crime and
Corruption (JIU) are multiagency units which investigated and
prosecuted public corruption and other financial crimes. There are
seven JIUs, one in Tirana and six others throughout the country, which
investigate corruption and other financial crimes. Citizens referred
two judges, whom officials had asked for bribes in return for favorable
rulings. The JIUs also charged two prosecutors with corruption for
accepting bribes related to criminal cases. All of these cases were
pending at year's end.
The JIUs were composed of police staff from the prosecutor's
offices, the state police, customs and tax police, and other relevant
institutions. The JIUs used a team structure to concentrate capacity
and foster communication necessary for effective investigations and
prosecutions. The JIUs received direct referrals from citizens.
The JIUs continued to bring cases in numerous sectors rife with
corruption. In the medical field, officials charged surgeons,
anesthesiologists, and other medical personnel with corruption for
demanding payment to provide what should have been free government
services. Officials arrested traffic police officers in several major
cities on charges of corruption and abuse of office for accepting
bribes in lieu of traffic fines. Prosecutors charged customs officers
and businessmen with corruption and smuggling for allowing trucks to
cross the border without paying customs duties.
After an eight-month investigation into corruption in the
importation of fuel, on June 3, authorities arrested the director and
two inspectors from the Fuel Inspection Directorate in the Ministry of
Economy for taking $100,000 in bribes ($10,000 per ship cleared) over
an eight-month period from a fuel importer in exchange for issuing
false technical inspection permits and customs clearances.
In early 2009 the trial of several former government officials,
including the former head of the Property Restitution Commission and
his lawyer on charges of corruption, abuse of office, and falsification
of documents. Prosecutors alleged that the two orchestrated a scheme to
transfer 135 acres of prime coastal land to a family that had never
owned or claimed to own the land. Due to many delays, including the
absence of defense attorneys on several occasions, the trial continued
at year's end.
During the year the prosecutor general made no further requests to
lift the official immunity of former minister of defense Fatmir Mediu
in connection with the 2008 explosion at a military base where old
ammunition was rendered safe in Gerdec. In 2009 the Supreme Court ruled
that Mediu had official immunity upon his June 2009 reelection to
parliament.
The lack of an independent, effective, and merit based civil
service system remains an impediment to fighting corruption and hinders
the ability of the Government to serve its citizens effectively and
transparently. Politicization of the civil service recruiting system
leads to high turnover in civil servants.
Corruption in the education system continued. University officials
reportedly required payments for students to gain admission. Officials
sometimes required bribes or sexual favors from students for them to
matriculate or pass examinations.
Citizens and noncitizens, including foreign media, have the right
to obtain information concerning the activities of government bodies
and persons who exercise official state functions; however, citizens
often faced serious problems in obtaining information from public and
government institutions.
The law requires public officials to release all information and
official documents with the exception of classified documents and state
secrets. Most government ministries and agencies posted public
information directly on their Web sites. However, businesses and
citizens complained of a lack of transparency and the failure to
publish regulations or legislation that should be basic public
information.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally cooperated and responded to their views. During the year the
Government set up an agency for the support of civil society which has
the mandate to allocate state funding to NGOs. In December 2009 a group
of human rights NGOs collaborated to publish a human rights report on
the country and plans to issue another in 2011.
The ombudsman is the main human rights institution for promoting
and enforcing human rights. The ombudsman has the authority to monitor
judicial proceedings and inspect detention and prison facilities; the
ombudsman can initiate cases in which a victim is unwilling or unable
to come forward. Although the ombudsman lacked the power to enforce
decisions, he acted as a monitor for human rights violations. The most
common cases included citizen complaints of police abuse of power, lack
of enforcement of court judgments in civil cases, wrongful dismissal,
and land disputes. The ombudsman reports to parliament annually.
In many cases the Government took concrete steps to correct
problems in response to the findings of the ombudsman. Cooperation
improved between the Ministry of Interior and the ombudsman, and the
Government implemented some suggestions made by the ombudsman.
The Government cooperated with the UN and other international
bodies, permitting visits throughout the year.
The parliament has a committee on Legal Issues, Public
Administration, and Human Rights. However, this committee was largely
ineffective on human rights issues and remained constrained in its work
by the SP boycott of parliament.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, ethnicity,
disability, language, or social status; however, the Government did not
effectively enforce these prohibitions, and discrimination persisted.
On February 4, parliament approved a new law on antidiscrimination. The
law created the Office of the Commissioner for Protection from
Discrimination, which is to receive and process complaints of
discrimination. In May parliament named a commissioner; however, the
new institution suffered from inadequate funding and staffing.

Women.--The criminal code penalizes rape, including spousal rape;
however, victims rarely reported spousal abuse, and officials did not
prosecute spousal rape in practice. The concept of spousal rape was not
well established, and authorities and the public often did not consider
it a crime. The law imposes penalties for rape and assault depending on
the age of the victim. For rape of an adult, the prison term is three
to 10 years; for rape of an adolescent between the ages of 14 and 18,
the term is five to 15 years and, for rape of a child under the age of
14, the sentence is seven to 15 years.
Domestic violence against women, including spousal abuse, remained
a serious problem. During the year police reported cases of domestic
violence and the Government pressed charges in cases. The Department of
Equal Opportunities at the Ministry of Labor, Social Affairs, and Equal
Opportunity covers women's issues, including domestic violence.
The Government did not fund specific programs to combat domestic
violence or assist victims, although nonprofit organizations provided
assistance. NGOs reported that an estimated eight domestic violence
hotlines operated. The hotlines, serving mainly the northern part of
the country, each received approximately 25 calls per month from women
reporting some form of violence. NGOs operated four shelters for
battered women in Tirana, Vlora, Elbasan, and Gjirokaster. During the
year NGOs and police noted a substantial increase in reports of
domestic violence, primarily due to increased awareness of services and
more trust in the police. According to government figures, there were
1,744 cases of domestic violence reported during the year, compared
with 1,063 in 2009. Often the police do not have the training or
capacity to deal with domestic violence cases.
In many communities, particularly those in the northeast, women
were subjected to societal discrimination as a result of traditional
social norms that considered women to be subordinate to men.
The law prohibits sexual harassment; however, officials rarely
enforced the law.
Reproductive rights are generally respected by the Government.
Couples and individuals have the right to decide freely the number,
spacing, and timing of their children and have the information and
means to do so free from discrimination, coercion, and violence.
Citizens have access to contraception. Under the law, health care is
provided to all citizens; however, the quality of and access to care,
including obstetric and postpartum care, was not satisfactory,
especially in the remote rural areas. According to 2008 UN estimates,
the maternal mortality rate in Albania is 31 deaths per 100,000 live
births. Women are equally diagnosed and treated for sexually
transmitted infections, including HIV.
The law provides equal rights for men and women under family law,
property law, and in the judicial system. Neither the law nor practice
excluded women from any occupation; however, they were not well
represented at the highest levels of their fields. The law mandates
equal pay for equal work; however, the Government and employers did not
fully implement this provision.

Children.--On November 4, the parliament approved the law ``For the
Protection of the Rights of the Child.'' This law provides the legal
and institutional framework for protecting children's rights.
In general parents must register their children in the same
community where they are registered. However, according to the
Children's Rights Center of Albania (CRCA), children born to internal
migrants or those returning from abroad frequently had no birth
certificates or other legal documentation and, as a result, were unable
to attend school. This is a particular problem for Romani families as
well, who often marry young and fail to register their children.
The law provides for nine years of free education and authorizes
private schools. School attendance is mandatory through the ninth grade
or until age 16, whichever comes first; however, in practice many
children left school earlier than the law allowed to work with their
families, particularly in rural areas. Parents must purchase supplies,
books, uniforms, and space heaters for some classrooms, which was
prohibitively expensive for many families, particularly Roma and other
minorities. Many families also cited these costs as a reason for not
sending girls to school.
As in previous years, child abuse, including sexual abuse, occurred
occasionally, although victims rarely reported it. In some cases
children under the age of 18 engaged in prostitution. The penalties for
the commercial sexual exploitation of children range from fines to 15
years' imprisonment. The country has a statutory rape law and the
minimum age of consensual sex is 14. The penalty for statutory rape of
a child under the age of 14 is a prison term of five to 15 years. The
law prohibits making or distributing child pornography, and the
penalties are a fine of one to five million leks ($10,000 to $50,000)
and a prison sentence of one to five years. Child marriage remained a
problem in many Romani families and typically occurred when children
were 13 or 14 years old.
There were reports that orphans leaving the custody of the state at
adulthood faced significant challenges finding adequate housing and
services.
Displaced and street children remained a problem, particularly
Romani children, who made up 90 percent of street children. Street
children begged or did petty work; some migrated to neighboring
countries, particularly during the summer. These children were at
highest risk of trafficking, and some became trafficking victims.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--There were reportedly fewer than 100 Jews living in
the country; there were no known functioning synagogues or community
centers and no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with physical, sensory, intellectual,
and mental disabilities; however, employers, schools, health care
providers, and providers of other state services sometimes
discriminated against persons with disabilities. The law mandates that
new public buildings be accessible to persons with disabilities, but
the Government only sporadically enforced the law. Widespread poverty,
unregulated working conditions, and poor medical care posed significant
problems for many persons with disabilities.
During the year the ombudsman continued to inspect mental health
institutions and found that while physical conditions in facilities in
Vlora and Shkoder had improved, they were not in compliance with
standards and remained understaffed. Inspections of the Tirana
Psychiatric Hospital found that specific windows and doors needed to be
replaced for safety reasons. The ombudsman regularly conducts
inspections throughout Albania and recommended a major legal,
organizational, and budgetary review of the country's mental health
care system. The admission and release of patients at mental health
institutions was a problem due to lack of sufficient financial
resources to provide adequate psychiatric evaluations.

National/Racial/Ethnic Minorities.--There were reports of societal
discrimination. As visible minorities, members of the Romani and
Balkan-Egyptian communities suffered significant societal abuse and
discrimination.
The law permits official minority status for national groups and
separately for ethnolinguistic groups. The Government defined Greeks,
Macedonians, and Montenegrins as national groups; Greeks constituted
the largest of these. The law defined Aromanians (Vlachs) and Roma as
ethnolinguistic minority groups.
In October the Council of Ministers approved the National Action
Plan for the Roma and Egyptian Involvement Decade for 2010-15. The
total budget for implementing the five-year plan was expected to be
nearly 2.5 billion leks ($23 million).
The ethnic Greek minority pursued grievances with the Government
regarding electoral zones, Greek-language education, property rights,
and government documents. Minority leaders cited the Government's
unwillingness to recognize ethnic Greek towns outside communist-era
``minority zones''; to utilize Greek in official documents and on
public signs in ethnic Greek areas; to ascertain the size of the ethnic
Greek population; or to include a higher number of ethnic Greeks in
public administration.
During the year government prosecutors continued to appeal the
dismissal of charges against Vasil Bollano, the ethnic Greek mayor of
Himara, who was found guilty of abuse of office, but whose conviction
was overturned on appeal in June 2009. The court convicted Bollano of
destruction of government property after he ordered the removal of
several new road signs in the Himara district because they were written
in Albanian and English but not Greek.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There are no laws
criminalizing sexual orientation, and the law does not differentiate
between types of sexual relationships. There were lesbian, gay,
bisexual, and transgender (LGBT) organizations in the country. The
groups operated without interference from police or other state actors.
There were reports that individuals were beaten, fired from their
employment, or subjected to discrimination due to their sexual
orientation. Often these cases went unreported.
NGOs claimed that police routinely harassed LGBT persons and
transgender sex workers.

Other Societal Violence or Discrimination.--The country has a low
prevalence of HIV/AIDS. There is a general social stigma against
persons with HIV/AIDS, although there were no reports of violence
against such individuals during the year. The country's legal
structures prohibit discrimination; however, implementation at times
was lacking. Under the law, all health services are provided free of
charge.
Section 7. Worker Rights

a. The Right of Association.--Workers have the right to form
independent unions and they exercised this right in practice; however,
the law prohibits members of the military and senior government
officials from joining unions and requires that a trade union have at
least 20 members to be registered. Approximately 18 percent of the
workforce belonged to unions.
The law provides the right to strike for all workers except civil
servants, and workers exercised this right in practice. Civil servants
do not have the right to strike; this applies to the uniformed
military, police, indispensable medical and hospital personnel, persons
providing air traffic control and prison services, and both essential
and nonessential workers in water and electrical utilities. The law
prohibits strikes that courts judge to be political.

b. The Right to Organize and Bargain Collectively.--Citizens in all
fields of civilian employment have the constitutional right to organize
and bargain collectively, and the law establishes procedures for the
protection of workers' rights through collective bargaining agreements.
However, labor unions operated from a weak position. Unions
representing public sector employees negotiated directly with the
Government. Effective collective bargaining remained difficult, and
agreements were hard to enforce. During the year parliament adopted a
law requiring workers' representative bodies in enterprises with 20 or
more employees to inform workers of all problems affecting them and
their companies.
The law does not prohibit antiunion discrimination, and there were
some reports of such occurrences. According to the Independent Trade
Union of Textile, Garment, and Leather Workers, employers in the
textile, garment, leather, and footwear sectors engaged in antiunion
behavior. Reportedly, they threatened international relocation if
workers unionized. In April the Constitutional Court overturned the
2009 law that could be used to sequester properties belonging to the
country's trade unions.
There are no export processing zones, free trade zones, or
industrial parks.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, women and
children were trafficked for sexual exploitation and labor. For more
information on forced or compulsory labor, please see the Department of
State's annual Trafficking in Persons report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law criminalizes exploitation of children for labor or forced services;
however, the Government did not enforce the law effectively. According
to a CRCA estimate released during the year, more than 50,000 children
under 18 years of age worked at least part time. The CRCA reported that
the majority of child laborers worked as street or shop vendors,
beggars, farmers or shepherds, drug runners, vehicle washers, textile
factory workers, miners, or shoeshine boys. Research suggested that
begging started at a young age--as early as four or five years old. The
criminal code prohibits the exploitation of children for begging.
Police generally did not enforce this law.
The law sets the minimum age of employment at 16 years and
regulates the amount and type of labor that children under the age of
18 may perform. Children between the ages of 16 and 18 years old can
work in certain specified jobs. The law provides that the Ministry of
Labor, Social Affairs, and Equal Opportunity is responsible for
enforcing minimum age requirements through the courts; however, there
were no reports of enforcement. Labor inspectors investigated the
formal labor sector, whereas most child labor occurred in the informal
sector. Most of the labor inspections occurred in shoe and textile
factories, and some instances of child labor were found in the course
of these inspections.
In 2008 a massive explosion at a military base in the town of
Gerdec, where old ammunition was rendered safe, killed 26 persons,
including several illegally employed children, and injured hundreds of
others, some seriously.
The Government, together with several NGOs and international
donors, had some specific programs aimed at preventing illegal child
labor. During the year the Child Labor Unit at the Ministry of Labor
continued to implement the second phase of its child labor monitoring
initiative in the regions of Elbasan and Shkoder. As a result of those
efforts, 362 children were withdrawn from various forms of employment
and returned to school. In addition the Ministry of Tourism has
established a code of conduct for preventing child sex tourism that was
signed by 24 tourist agencies and hotels.

e. Acceptable Conditions of Work.--The national minimum wage was
20,000 leks ($190) per month. However, it was not sufficient to provide
a decent standard of living for a worker and family. According to
INSTAT, the average wage for government workers in the third quarter of
the year was 47,000 leks ($447) per month. The Albanian Institute of
Statistics also reported that average monthly wages in the public
sector had increased 6.4 percent from 2009. The Ministry of Labor,
Social Affairs, and Equal Opportunity has the responsibility for
enforcing minimum wage compliance.
The law establishes a 40-hour workweek; however, individual or
collective agreements typically set the actual workweek. Many persons
worked six days a week. The law requires payment of overtime and rest
periods; however, employers did not always observe these provisions in
practice. The Government had no standards for a minimum number of rest
periods per week, no limits on the maximum number of hours worked per
week, and no regulations regarding premium pay for overtime; it did not
prohibit excessive compulsory overtime.
The Ministry of Labor, Social Affairs, and Equal Opportunity is
responsible for enforcing occupational health and safety standards and
regulations; however, enforcement was lacking overall. Workplace
conditions were frequently very poor and, in some cases, dangerous.
Workers at the Bulqiza mines continued to request a lower retirement
age. In response the Government issued instead a salary increase for
miners who work beyond the age of 50. Other requests from miners
included better medical services for miners who have an accident at
work and an improvement of their legal status as miners. The respective
Ministry of Economy, Trade and Energy attempted in March to
reinvigorate the mechanism of the Mines Inspection and Rescue Unit
which has been in place for the last 50 years. The Government also
created a task force with a combination of central and local
authorities, the tax administration, and the state police to improve
law enforcement in the area.
Several accidents in the Bulqiza mines were reported during the
year. Most accidents involved collapses in the mines and were due to a
lack of adequate safety measures and procedures. In May a 65-year-old
mineworker was reported to have died in a work-related accident while
working in one of the Bulqiza mines. During the year media outlets
continued to report that women and minors collected chromium from mines
to support their families.
The law does not provide workers the right to remove themselves
from hazardous situations without jeopardy to their employment.

__________

ANDORRA

The Principality of Andorra is a constitutional parliamentary
democracy with a population of approximately 85,000. Two co-princes--
the president of France and the Spanish bishop of La Seu d'Urgell--
serve with joint authority as heads of state, and a delegate represents
each in the country. In April 2009 the country held free and fair
multiparty elections for the 28 seats in the General Council of the
Valleys (the parliament), which selects the head of government.
Citizens elected Jaume Bartomeu from the Social Democratic Party as
head of government. Security forces reported to civilian authorities.
The ombudsman reported prolonged pretrial detention. The law does
not protect effectively the right of workers to form and join unions or
unions' right to bargain collectively and to strike.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices, and
there were no reports that government officials employed them.

Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards. The Government
permitted monitoring visits by independent human rights observers.
According to information obtained from the Government, at year's
end 61 persons, 10 women and 51 men, of 15 nationalities, including
Romanian, Spanish, Andorran, Georgian, Ukrainian, Chinese, French,
Moroccan, and Italian, were in jail. In the majority of cases the
prisoners were accused of robbery.
The prison regime separated prisoners according to gender, age, and
other personal circumstances. Convicted prisoners were held separately
depending on their sentence and were separated from pretrial detainees.
Prisoners had reasonable access to visitors and were permitted
religious observance. Authorities permitted prisoners and detainees to
submit complaints to judicial authorities without censorship and
request investigation of credible allegations of inhumane conditions.
The Government investigated and monitored prison and detention center
conditions.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the national police, the country's
only security force, and the Government has effective mechanisms to
investigate and punish abuse and corruption. There were no reports of
impunity involving police during the year.

Arrest Procedures and Treatment While in Detention.--Warrants are
required for arrest. Police legally may detain persons for 48 hours
without charging them with a crime, and police generally observed this
time limit in practice. A system of bail exists. The law allows
detainees to have prompt access to a lawyer. In September the
Constitutional Court declared unconstitutional the established practice
of not allowing detainees to have access to a lawyer for as long as 24
hours after their detention. Persons charged with a crime can either
choose their own lawyer or accept one designated by authorities.
Detainees generally were allowed prompt access to family members.
Cases of foreigners accounted for most of the lengthy detention
cases of up to one year primarily because in most such cases two or
even three countries might be involved.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
judicial independence in practice.

Trial Procedures.--The constitution and law provide for the right
to a fair trial, and an independent judiciary generally enforced this
right. Defendants enjoy a presumption of innocence. Trials are public,
and defendants can request a jury. Defendants have the right to be
present and consult with an attorney in a timely manner. If a defendant
facing serious criminal charges cannot afford an attorney, the
Government must appoint a public attorney. Defendants can confront or
question witnesses against them and present witnesses and evidence on
their behalf. Defendants and attorneys have access to government-held
evidence in their cases. The law extends the rights to all citizens
with no exception. Defendants have the right to appeal.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--The judiciary is
independent and impartial in civil matters. Plaintiffs can bring
lawsuits seeking damages for, or cessation of, a human rights
violation. No administrative remedies are available for alleged wrongs.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for the freedoms of assembly and association, and the
Government generally respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assisting refugees, returning refugees,
asylum seekers, stateless persons, and other persons of concern.
The constitution and law prohibit forced exile, and the Government
did not employ it.

Protection of Refugees.--The country is not a party to the 1951
Convention relating to the Status of Refugees or the 1967 Protocol
relating to the Status of Refugees. The law does not provide for the
granting of asylum or refugee status. However, the Government has from
time to time cooperated with the UNHCR and other organizations in
assisting refugees ``for humanitarian reasons.''
In practice the country provided some protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion. There were no such cases during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--Observers considered the
General Council elections in April 2009 free and fair. Individuals and
parties could freely declare their candidacy and stand for election.
There were 10 women in the 28-seat General Council and two women in
the nine-seat cabinet. One of the five judges of the Supreme Court of
Justice is a woman.
Citizens are ethnically and linguistically homogeneous but
represent only 36 percent of the total population. Only citizens have
the right to vote and hold official positions; consequently, there were
no members of minorities in government. The population largely consists
of immigrants from Spain, Portugal, and France.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption. The
chief of police is responsible for combating corruption. There were no
reports of government corruption during the year.
Public officials are not subject to financial disclosure laws. The
Unit for the Prevention and the Fight against Corruption is the
Governmental agency responsible for the implementation and monitoring
of the provisions contained in the law.
The law provides for public access to government information, and
the Government permitted access in practice for citizens and
noncitizens, including foreign media.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
The ombudsman is a consolidated entity well known in different
areas of the Government and among citizens. While the ombudsman is a
complementary institution to the traditional judicial control of the
administrative activity, its main function is to defend and oversee the
fulfillment and application of the rights and liberties included in the
constitution and ensure that the performance of the public sector
adheres to constitutional principles. The ombudsman is independent from
other institutions and provides its functions free of charge for
interested persons. The ombudsman enjoyed the Government's cooperation
and operated without government interference. In general the ombudsman
had adequate resources and was considered effective. The ombudsman
makes a published annual report to parliament with recommendations.
There was a moderate increase in the number of cases examined by
the ombudsman. According to the latest report, the institution received
266 complaints in 2009 (compared with 258 in 2008). Of these, 184 were
simple requests for information; 37 complaints related to housing
controversies between owners and renters and social security services;
and 45 complaints dealt with prolonged pretrial detention. In October
parliament authorized the ombudsman to accept requests and complaints
from minors.
Section 6. Discrimination, Societal Abuse, and Trafficking in Persons
The constitution and law declare all persons equal before the law
and prohibit discrimination on grounds of birth, race, gender, origin,
opinions, or any other personal or social condition. In the most part,
the Government effectively enforced it.

Women.--The law prohibits rape, including spousal rape; rape is
punishable by up to 15 years' imprisonment. Authorities enforced the
law effectively.
There is no specific law prohibiting domestic violence, although
other laws may be applicable in such cases. According to the Ministry
of Health, Welfare, and Family, there were 167 reports of physical
abuse against women until the end of November, an increase from 2009,
when the total number of cases was 162. Of the 167 cases to which the
State Secretariat for Equality and Welfare of the Ministry of Health
attended, 15 percent of the women were Andorran nationals. Only 47
percent of the complaints were filed by women. Victims of domestic
violence could also request help from the Andorran International
Women's Association (AIWA) and the Andorran Women's Association, but
victims rarely filed a complaint with police due to fear of reprisal.
In early December the Government opened its first shelter for women.
The Government also operated a hotline and provided medical and
psychological services to victims of domestic violence. The Government
and AIWA placed abused women and their children in the private
apartments of families who agreed to provide them with shelter.
Caritas, a religious nongovernmental organization, worked closely with
the Government and AIWA on social problems.
The law prohibits sexual harassment under the provisions for other
sexual aggressions. The law provides a penalty of three months to three
years. The Government enforced the law effectively.
Couples and individuals have the right to decide freely the number
of children they wish to have. There was easy access to contraception
and skilled attendance during childbirth. Women were treated for
sexually transmitted infections, including HIV, equally with men.
The law prohibits discrimination against women privately or
professionally; however, the nongovernmental organization working for
women's rights and trade union representatives reported cases of gender
discrimination especially related to unequal salaries for the same
work. Observers estimated that women earned 35 percent less than men
for comparable work. The Government is making efforts to combat pay
discrimination in general, and it applied pay equality within the
Government. There are no limitations on women's participation in the
labor market, and the Government has encouraged women to participate in
politics.

Children.--Citizenship is derived from one's parents; birth in the
country's territory does not confer citizenship. Legal immigrants may
obtain citizenship after 20 years of residence in the country. Children
of residents may obtain citizenship after age 18 if they have resided
virtually all of their life in the country. Dual nationality is not
permitted.
Violence against children persisted. According to data from
January, the latest available, 222 minors were treated for various
forms of abuse during the year.
The country's general law against rape also covers statutory rape.
Child pornography is illegal and carries a prison sentence of up to
four years. The age of majority, 18 years, is also the age of consent.
The penalty for statutory rape is 15 years' imprisonment, the same as
for rape in general.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abductions. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--There were no reports of anti-Semitic acts against
the approximately 500-person Jewish community.

Trafficking in Persons.--In 2009 there were no confirmed reports
that persons were trafficked to, from, or within the country.

Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities in employment, education, access to health care, and the
provision of other state services, and the Government enforced it
effectively. Nevertheless, societal discrimination against persons with
disabilities existed on a small scale in the form of social and
cultural barriers. Persons with disabilities also faced disadvantages
in the labor market. The law mandates access to public buildings for
persons with disabilities, and the Government generally enforced this
provision.
According to the Ministry of Health, Welfare, and Labor, there were
approximately 400 persons with disabilities, of whom 99 were minors.
Schools continued to implement the law to adapt infrastructure to the
needs of children with disabilities. During the year approximately 99
children with disabilities attended modified schools. An association
for persons with disabilities operates in the principality.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--On the basis of constitutional
provisions for the right to freedom of ideas, religion, and ideology,
the Government acts against any discrimination that may occur in the
country. There were no reports of official or societal discrimination
based on sexual orientation in employment or occupation, housing, or
access to education or health care.

Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination against persons with HIV/AIDS.
However, the Government bars immigrants with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The constitution recognizes that
workers have the right to form trade unions to defend their economic
and social interests. In 2009 the Government approved a labor relations
law to protect the right of unions to operate. However, this law does
not provide the right to strike. Alternate dispute mechanisms such as
mediation and arbitration exist. During the second half of the year,
the Government and all relevant agents worked to develop further the
rights contained in the constitution regarding this issue, including
the right to strike as well as provisions for minimum services in cases
of strike. In practice, the Government lacked mechanisms to protect
worker rights. Unions continued to denounce the lack of laws that
effectively develop and protect the constitutional rights of workers.
No strikes occurred during the year. However, on May 1 (Labor Day),
approximately 100 workers conducted a peaceful demonstration calling on
the Government to approve new laws further developing workers rights.

b. The Right to Organize and Bargain Collectively.--The law does
not specifically provide for collective bargaining, and collective
bargaining did not occur.
The law does not prohibit antiunion discrimination but there were
no official reports that it occurred during the year. Workers continued
to be reluctant to admit to union membership, fearing retaliation by
their employers, and unions did not make their membership numbers
public.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--Slavery and forced
or compulsory labor are punishable by a maximum of 12 years in prison.
There were no reports that such practices occurred.

d. Prohibition of Child Labor and Minimum Age for Employment.--
Without exception, the law prohibits children younger than 14 years
from working. Children between the ages of 14 and 15 may work up to two
months per year during school holidays following strict regulations
contained in the laws. Laws protect children between the ages of 14 and
15 and children between the ages of 16 and 17 by limiting working
hours, providing for safety restrictions, restricting the type of work
children may perform, and outlining other conditions.
Laws protect children from exploitation in the workplace, and the
Government effectively enforced these laws.
The labor inspection office in the Ministry of Social Welfare,
Public Health, and Labor effectively enforced child labor regulations.

e. Acceptable Conditions of Work.--The national minimum wage of
5.28 euros ($7.08) per hour and 915.20 euros ($1,226.40) per month did
not provide a decent standard of living for a worker and family due to
the high cost of living. The labor inspection office enforced the
minimum wage effectively.
The law limits the standard workweek to five eight-hour days for a
total of 40 hours per week. Workers may work up to two overtime hours
per day or 15 hours per week, 50 hours per month, and 426 hours per
year. The law provides for premium pay of time plus 25 percent the
first four hours per week and time plus 50 percent the following four
hours. There is a required rest period of 12 hours between working
shifts.
The labor inspection service sets occupational health and safety
standards and had the authority to levy sanctions and fines against
companies violating them. Although the law authorizes employees to
refuse certain tasks if their employers do not provide the necessary
level of protection and security standards, it does not provide workers
the right to remove themselves from dangerous work situations without
jeopardizing their continued employment.
The labor inspection service received more than 200 complaints from
January to October against companies for violating health and safety
regulations. Accidents at work diminished; from January through
December, there were 4,019 accidents reported. The majority of
accidents reported came from the construction sector, as well as the
motor and machinery sector.

__________

ARMENIA

Armenia is a constitutional republic with a population of
approximately 3.2 million. The constitution provides for an elected
president and a unicameral legislature (the National Assembly). The
country has a multiparty political system. In 2008 Serzh Sargsian of
the Republican Party of Armenia (RPA) was sworn in as president, after
a significantly flawed presidential election. The RPA continued to
dominate the three-party ruling coalition in the National Assembly, as
well as the Government's cabinet. Security forces reported to civilian
authorities.
Citizens' right to change their government through peaceful
elections was restricted due to repeated, significant flaws in the
conduct of elections, including a by-election for a parliamentary seat
in January. Some members of the security forces continued to commit
human rights abuses with impunity while under the direction of civilian
leadership. During the year suspicious deaths occurred in the military
under noncombat conditions, while hazing and other mistreatment of
conscripts by officers and fellow soldiers, and a lack of
accountability for such actions, continued. Police reportedly beat
citizens during arrest and interrogation. Overcrowding contributed to a
significant worsening of prison conditions.. Authorities continued to
arrest and detain criminal suspects without reasonable suspicion and to
detain arbitrarily individuals due to their opposition political
affiliations or political activities. Courts remained subject to
political pressure from the executive branch, and judges operated in a
judicial culture that expected courts to find the accused guilty in
almost every case. During the year the authorities released four
individuals who had been convicted in connection with the 2008
presidential election and postelection unrest in trials flawed by due
process violations and apparent political motivations. Two other
individuals convicted in connection with these events were released
from prison after serving their full sentences, while a handful of
other individuals remained incarcerated. The media, in particular
television, continued to lack diversity of opinion and objective
reporting; incidents of violence, intimidation, and self-censorship
against and in the press continued. Authorities continued to deny
requests by opposition parties and other groups to gather or hold
rallies at requested venues arbitrarily, sometimes providing
alternative venues, and sometimes preventing persons from attending
rallies. Authorities and laws restricted religious freedom. Corruption
remained a problem, with authorities taking limited measures to curb
it. Domestic violence was common, but largely went unreported to
authorities. Trafficking was a problem, but authorities took efforts to
combat it.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
four police officers stood trial for allegedly beating and inducing the
suicide of a suspect in their custody, and suspicious deaths of
military personnel occurred under noncombat conditions.
On April 13, Vahan Khalafian, a 24-year-old robbery suspect, died
under suspicious circumstances while in police custody in the city of
Charentsavan. Initially National Police Chief Alik Sargsian issued
several statements that Khalafian was mentally unstable and had
committed suicide. Sargsian also denied the possibility that Khalafian
might have been physically mistreated by police; however, an
investigation by the Special Investigative Service (SIS) revealed that
Khalafian apparently was tortured by a senior police officer attempting
to extract a robbery confession, and Sargsian issued a public apology.
Authorities continued to maintain, however, that Khalafian committed
suicide by grabbing a kitchen knife from a drawer and stabbing himself
to death. On June 25, the SIS announced that its investigation had
concluded that the behavior of police officers led Khalafian to commit
suicide. On April 27, Ashot Harutyunian, head of the criminal
intelligence division of the Charentsavan police, was arrested and
formally charged with actions that exceeded his official authority and
had grave consequences. Moris Hayrapetian, Garik Davtian, and Gagik
Ghazarian, Harutyunian's subordinates, were charged with abuse of
official authority. Khalafian's family, their lawyer, and human rights
activists following the case challenged the official version of death,
asserting that the autopsy revealed other bruises and injuries in
addition to Khalafian's two stab wounds. Khalafian's family also
questioned the role of Charentsavan police chief Norik Heboyan--who was
dismissed from his position on May 28--and Deputy Chief Samvel
Tonoyan--who retained his position--in Khalafian's death, calling into
question the conduct of the investigation. The trial of the four
defendants began on July 6. Harutyunian denied the charges against him.
He also denied that Khalafian had committed suicide and said that he
was being framed by the SIS and his subordinate Moris Hayrapetian, who
was charged with lesser crimes, in order to cover up Khalafian's
killing by police. On November 29, a judge in the first instance court
of Kotayk found Harutyunian guilty and sentenced him to eight years in
prison. Hayrapetian was given a two-year suspended sentence and the two
other suspects, Garik Davtyan and Gagik Ghazarian, were acquitted.
Khalafian's family denounced the verdict as unfair and maintained that
their relative had been killed by police while at the police station
and that the investigation failed to reveal Khalafian's murderer and
the complete circumstances of his death. The human rights defender
(ombudsman) also challenged the official version of suicide in a
November 29 interview with Radio Liberty.
In a July 28 statement, the Ministry of Defense announced that
Lieutenant Artak Nazarian, a platoon commander stationed in the Tavush
region, reportedly killed himself on July 27. The Office of the
Military Prosecutor subsequently began a criminal case against a
captain and three servicemen for beating and humiliating Nazarian.
According to official information, Nazarian killed himself after
becoming unable to bear abuse by fellow servicemen. Captain Hakob
Manukian was arrested on charges of abuse of official authority with
grave consequences, while Mkhitar Mkhitarian, Adibek Hovhannisian, and
Harutik Kirakosian were arrested and charged with using violence
towards a commander. In interviews given after the death, Nazarian's
relatives accused the military of a cover up, claiming that Nazarian
was either forced to commit suicide or killed by fellow servicemen,
possibly even earlier than the date of death specified in the military
report. Nazarian's cousin, who was present at the autopsy, told
reporters that the forensic medics had found numerous injuries on his
relative's face, hands, shoulders, and feet which were allegedly
inflicted hours before Nazarian's death. According to official
information, a suicide note was found inside Nazarian's clothes. In
subsequent interviews, the family alleged numerous violations in the
conduct of the investigation and evidence tampering aimed at covering
up Nazarian's death. The investigative body denied the Nazarian
family's requests to disregard as evidence the suicide note (which was
discovered by Captain Manukian and transferred to the investigative
body with significant delay on August 9); to be given copies of the
notebook pages to conduct an alternative forensic examination of the
handwriting; and to have access to the protocols and relevant documents
on examination of the crime scene and Nazarian's clothes. The
investigation of the case remained underway at end of the year.
In response to public outcry concerning noncombat-related military
shooting deaths, the Ministry of Defense on August 8 issued a statement
announcing disciplinary measures it had taken during an unscheduled
August 6 session of the Defense Ministry collegium. Eight officers who
were commanders and deputy commanders of military units were dismissed
from their posts; seven of them were also discharged from the military
services. In addition 14 officers were issued strict reprimands, six
were issued regular reprimands, and 10 received warnings for failing to
comply with the terms of service. Ten commanders of subunits and chiefs
of services were also released from their positions and demoted; one
officer was reduced in rank.
On September 8, according to media reports, Artur Hakobian, an
enlisted 27-year-old junior sergeant serving in a military unit in the
Vayots Dzor region, shot himself to death. A criminal case was opened
into the death on charges of ``inducing'' suicide; no update was
available on the status of the investigation at year's end.
In apparent response to the reports of abuse occurring in the
military, the Ministry of Defense on December 13 launched a 24-hour,
anonymous hotline that citizens could call to register concerns related
to military service.
The military prosecutor reported that during the year 54 military
servicemen died under noncombat conditions, an increase from 44 in
2009. According to official statistics 11 were killed by enemy fire; of
the remaining cases, 13 were murders; eight deaths were due to
illnesses; six deaths were caused by car accidents; five deaths by
accidents; four deaths were due to mishandling of weapons; three were
suicides; three were induced suicides; and one was due to physical
violence.
On May 4, the court of first instance sentenced Andok Galstian to
10 years of imprisonment for the September 2009 death of Aram
Mkrtchian, an 18-year-old conscript who died in a hospital after being
beaten by Galstian, his battalion commander at a military post in the
Vayots Dzor region. Major Mamikon Vardanian, the second defendant in
this case and deputy commander of the military unit who had been
charged with insulting a soldier, was given a six month suspended
sentence.
No developments were reported in the investigation into the deaths
of eight civilians and two police officers killed during clashes
between security forces, looters, and protesters disputing the 2008
presidential elections. In August 2009 authorities opened criminal
proceedings against four police officers accused of improperly using
tear gas against demonstrators in the postelection events. The four
officers allegedly fired tear gas grenades at demonstrators from
dangerously close distances, resulting in the deaths of three civilians
and the injury of three others. For the second consecutive year, the
criminal proceedings were still in the investigation stage, and no
police officer had been prosecuted. Law enforcement bodies were
reportedly still unable to match the ballistics evidence to specific
firearms. According to new official information, however, forensic
tests reportedly determined that the tear gas canisters had ricocheted
from other surfaces and had not been fired directly at the victims.
On March 19, the European Committee for the Prevention of Torture
(CPT) released a report on its 2008 visit to the country just weeks
after the events took place. The report stated that the type of injury
experienced by two of the victims suggested impact from a weapon such
as a ``rubber bullet'' or possibly from a tear gas canister fired at
close range directly at the head. During the year the families of nine
of the 10 victims unsuccessfully filed four separate lawsuits against
the SIS and the Prosecutor General's Office for inaction and failure to
investigate, reveal, and punish those responsible for the deaths. The
first instance court and the Court of Appeals rejected the lawsuits,
and the highest appellate court, the Court of Cassation, refused to
accept the cases for review.
On January 13, the court of first instance of the Gegharkunik
region acquitted the soldiers Rustam Asatrian and Karen Tovmasian of
criminal negligence in the death by electrocution of serviceman Tigran
Ohanjanian in 2007. However, the court subsequently sent the case to
the military prosecutor's office for additional investigation.
Ohanjanian's family has long insisted that Ohanjanian did not die from
accidental electrocution but was killed. Both the Court of Appeals (on
March 30) and the Court of Cassation (on June 7) upheld the trial court
decision. Additional investigation into the case was ongoing at the end
of the year.
According to human rights observers, in the majority of reported
incidents of hazing and death in the military services, the relevant
bodies usually presented a sanitized version of events and follow-up
investigations focused on reinforcing it. Observers also claimed that
the armed forces in most cases declined to punish those behind hazing
incidents and suspicious deaths.
Ethnic Armenian separatists, with Armenia's support, continued to
control most of the Nagorno-Karabakh region of Azerbaijan and seven
surrounding Azerbaijani territories. Land mines placed along the border
with Azerbaijan and along the line of contact in the Nagorno-Karabakh
conflict continued to cause bodily harm. During the year government
sources reported that 12 military personnel were injured by landmine
explosions and one civilian was killed.
According to official information, during the year shootings along
the line of contact in the Nagorno-Karabakh conflict resulted in
casualties on the Armenian side, including the death of 11 and the
wounding of 34 military personnel.
No developments were reported in the February 2009 killing of
Colonel Gevorg Mherian, deputy chief of the national police, who was
shot outside the entrance to his home in central Yerevan. As of year's
end, the killer had not been identified, and the investigation
continued. On February 10, Police Chief Alik Sargsian announced the
creation of a special investigation force tasked with solving high-
profile killings committed since 2000, including the death of Colonel
Mherian.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--While the law prohibits such practices, members of the
security forces regularly employed them. Witnesses continued to report
that police beat citizens during arrest and interrogation. Human rights
nongovernmental organizations (NGOs) reported similar allegations;
however, most cases of police mistreatment continued to go unreported
due to fear of retaliation. Human rights groups continued to report
that many individuals transferred to prisons from police detention
facilities alleged torture, abuse, or intimidation while in police
custody and that the main purpose of the torture and physical abuse was
to extort confessions. According to domestic observers, most instances
of abuse of arrested persons by law enforcement personnel continued to
occur in police stations, particularly in the offices of police
officers, rather than at police detention facilities, which were
accessible to monitors.
On February 10, the ombudsman sent a letter to the prosecutor
general informing him that, during a February 5 visit to the detention
facility of the Yerevan Police Department, his staff discovered
multiple records of persons who were brought to the facility with
numerous bruises, abrasions, and other injuries. The ombudsman provided
details on 10 such cases and inquired about measures, if any, the
Prosecutor General's Office was taking to investigate. At year's end,
the authorities had yet to reply to the requests in the ombudsman's
letter.
The NGO Helsinki Citizens Assembly-Vanadzor (HCAV) reported that,
in the first nine months of the year, it received seven complaints from
citizens who alleged police torture either against them or their
relatives that was aimed at obtaining information about certain crimes
or at extracting self-incriminating testimony. According to HCAV, in
most of these cases, the police failed to act on HCAV's reports with a
criminal or internal investigation or the police responded by saying
that the internal queries revealed no violations.
On May 17, various media announced that Gagik Ghazarian died in a
hospital from injuries incurred when he jumped from the window of the
Kentron and Nork-Marash Courthouse, reportedly in an escape attempt. A
spokesperson for the Cassation Court stated that the incident occurred
after the judge had ruled that Ghazarian be held as a suspect in a
drug-trafficking case. HCAV alleged that Ghazarian jumped to his death
in response to police torture he experienced prior to the session. It
based its claim on a letter it received on May 27 from an individual
identified as K.M., who described being beaten along with Ghazarian by
police after they apprehended him on May 13. According to K.M., the
beatings were part of an attempt to extort confessions from the two
that they were carrying drugs. Although no bodily injuries were
registered upon their transfer from the police station to a detention
facility at Nubarashen penitentiary, K.M. said he had blood in his
urine for three days after the police beatings, while Ghazarian
sustained a broken rib. According to official information, a criminal
case was launched to investigate the escape attempt by Ghazarian, which
also reportedly investigated the alleged cruel treatment in custody.
The case was subsequently dropped due to Ghazarian's death, and,
according to official information, the alleged cruel treatment in
custody was not confirmed.
Unlike the previous year, the Civil Society Monitoring Board (CSMB)
did not report any new incidents of alleged torture and mistreatment of
detainees by the Rapid Response Division of the Justice Ministry's
Penitentiary Department. However, authorities did not respond to the
CSMB's September 2009 allegations that inmates were tortured. According
to the Helsinki Committee NGO, most instances of abuse in prisons went
unreported due to the opaque nature of life behind bars, but anecdotal
accounts suggest that it is a systemic problem.
On June 23, the Public Monitoring Group of Police Detention
Facilities (PMG) released its annual report covering 2009. It noted
that 172 of the 967 persons arrested by police and subsequently
transferred from police stations to police detention facilities in the
capital of Yerevan showed bruises and bodily injuries upon their
arrival at the detention facilities. The sources of the injuries were
not listed and no one was held responsible for them.
According to the ombudsman's annual report for 2009, released in
March, citizen complaints about illegal actions by the police,
including allegations of torture, continued to grow in comparison with
previous years. The complaints mostly concerned citizens who claimed
they had been summoned to police stations, detained there illegally,
and subjected to inhuman treatment, including torture and beating.
Complainants also alleged that police officers sought to extort
confessions through violence, threats, and unlawful pretrial detention.
According to the ombudsman's report, it was virtually impossible to
restore the rights of citizens who had suffered police mistreatment or
torture. The ombudsman asserted that police routinely responded to the
ombudsman's inquiries about allegations of abuse with uninformative,
formulaic replies; he added that such an atmosphere of impunity
contributed to the increase in such abuse.
On March 5, the Paris-based International Federation for Human
Rights (FIDH) together with a domestic NGO, the Civil Society
Institute, issued a joint statement noting Sasha Davtian's release from
prison and calling for an investigation of allegations that he and his
two daughters were tortured by police personnel. The statement also
called for a reinvestigation of charges that Davtian tortured his
daughters, for which he was convicted. Davtian was released on February
26 after the Court of Appeals reduced his prison sentence from four to
three years, making him eligible for release under a 2009 general
amnesty. In 2008 Davtian reported the abduction and rape of his then
underage daughter to the police. In February 2009 police dismissed
their investigation, claiming they could not locate the alleged
perpetrator. Following complaints by Davtian, a different police
investigator reopened the case in May 2009. According to a journalist
reporting on the case, Davtian was subsequently summoned to the police
station of Yerevan's Kentron District and severely beaten by
approximately 10 officers over several days as they tried to force him
to confess to torturing his two daughters and raping one of them.
According to the same report, Davtian identified some of his
assailants--police officers Eric Poghosian, Artur Poghosian, and Artur
Hovhannisian and police investigator Ruben Vardanian. According to the
joint statement, the presidents of these organizations visited Davtian
in prison on February 5, documented his testimony about his
mistreatment, and certified that he had lost eight teeth as a result of
his beatings. According to an October 2009 media report, police also
abused Davtian's two daughters--one of whom was the rape victim--in an
attempt to force them to testify against their father. The younger
daughter was reportedly taken to the police station of Yerevan's
Kentron District where Eric Poghosian, Ruben Vardanian, and other
officers repeatedly beat her, deprived her of food and water, and did
not allow her to use the restroom during the three days they held her.
She testified against her father in the initial proceedings but later
recanted her testimony in court. The other daughter testified that she
was also detained by the police for two days, not allowed to sit down,
and repeatedly struck and humiliated. In December 2009 a trial court
judge threw out the initial testimony of the daughters against their
father as well as other police evidence on the grounds that the
testimony had been obtained in an unlawful manner; she subsequently
also cleared Davtian of the rape charge. At the same time, she
sentenced Davtian to four years on the torture charges, since he had
admitted beating his daughters. According to the journalist covering
the case, police were believed to have harassed the family to hide the
identity of the true rapist, allegedly a son of a high-ranking police
officer. The investigation into the rape was suspended in February
2009, after no perpetrator was found. According to official
information, neither the alleged abuse of the Davtian family by police
officers nor any violation of the criminal procedural legislation was
substantiated during the trial.
In December 2009 the criminal case against Shirak Shahnazarian, the
former police chief of Gyumri, was dropped. He was charged in 2009 with
abuse of power ``accompanied by the use of violence'' for allegedly
beating and illegally detaining a citizen who had come to him with a
complaint in custody in July.
In response to a 2009 request made by the ombudsman that the
authorities investigate reports that police mistreated five persons
while they were held in the police station of Yerevan's Arabkir
District in April 2009, the authorities replied that two of the five
individuals had attacked police officers while at the station and
allegations of abuse by police officers were not substantiated.
According to the ombudsman, the alleged abuses had included illegal
deprivation of liberty, denial of food and sleep, beating, withholding
medical aid, and degrading treatment.
In a March 19 report on the visit of its representatives to
detention facilities two weeks after the 2008 postelection unrest in
Yerevan, the CPT stated that it interviewed approximately 70 persons
being detained on charges related to the unrest. Almost all claimed
they had been physically mistreated by law enforcement officers at the
time of their apprehension although they offered no resistance. The
mistreatment allegedly included pushing, truncheon blows, kicks and
punches to the body and head, and being dragged into police vehicles.
In some cases mistreatment continued during transportation to police
facilities and at these police facilities after arrival. Examination of
some detainees by a medical professional in the delegation found
physical marks or conditions consistent with the allegations. Medical
documentation at penitentiary establishments also contained
descriptions by prison doctors of various injuries observed in the
initial examination of a number of persons who had been admitted in the
two weeks preceding the delegation's visit. Detainees charged that some
of the law enforcement officials involved wore masks and showed no form
of identification. Some of those interviewed maintained that the
mistreatment they experienced was intended to obtain self-incriminating
confessions or damaging information about others.
There was no progress during the year in the police investigation
into allegations that law enforcement personnel tortured and
intimidated numerous witnesses who were called to testify against
opposition figures arrested in connection with the disputed 2008
presidential elections and ensuing violence.
On February 7, the Court of Appeals upheld the December 2009
decision of a lower court rejecting the appeal of the family of Levon
Gulian against the SIS's termination in April 2009 of their
investigation into Gulian's death due to lack of evidence that a crime
had occurred. On August 27, however, the Court of Cassation invalidated
the Court of Appeals decision and returned the case to the SIS for
further investigation. The SIS claimed that Gulian, an alleged witness
to a homicide, had fallen to his death from a second-story police
station window in 2007 while trying to escape. Gulian's family and
human rights activists maintained the investigation was not conducted
in a credible and transparent manner and claimed that Gulian had died
as a result of police abuse.
On June 15, the European Court of Human Rights (ECHR) ruled that
authorities had subjected penitentiary inmate Ashot Harutyunian to
torture or inhuman or degrading treatment or punishment by failing to
provide him with appropriate medical assistance and by placing him in a
metal cage during appeal proceedings. The ECHR also ruled that
Harutyunian's right to a fair trial and presumption of innocence had
been violated. Harutyunian was serving a seven-year sentence for
defrauding a business partner; he suffered from several serious
illnesses. In his appeal to the ECHR, he claimed that prison
authorities ignored his requests for medical assistance and a special
diet. Harutyunian suffered a first heart attack in 2004 but was not
allowed urgent surgery recommended by doctors in a Yerevan prison
hospital; he subsequently died from a second heart attack in Kosh
Prison in January 2009. The media reported Harutyunian's lawyer as
claiming that the Office of the Prosecutor General ensured that
Harutyunian was returned to prison after an early release in 2007
because of the office's reputed close ties with the businessman
Harutyunian was convicted of defrauding.
Within the armed forces, the impunity and lack of accountability of
commanders, rampant corruption, and substandard living conditions
continued to contribute to mistreatment and noncombat injuries.
Although no reliable statistics on the prevalence of military hazing
were available, soldiers reported to human rights NGOs that the abuse
continued. Soldiers' families claimed that corrupt officials controlled
military units, while human rights monitors and the ombudsman reported
that soldiers with serious disqualifying health conditions were
conscripted into military service. According to official information,
during the year 176 military personnel were convicted of hazing and
related violations and 12 more cases were under trial at year's end.
On September 18, the opposition Hraparak newspaper published the
anonymous account of a young man who had recently finished his military
service and which detailed abuses by his battalion commander officer,
Vardan Martirosian, at a military unit in the Ararat region. According
to the account, Martirosian brutally beat and punished soldiers for
minor misconduct or no reason at all. The young man also alleged that
an induced suicide of a soldier in their unit had never been officially
reported, and nobody was punished in connection with the death. On
October 14, Radio Liberty reported that the investigation service of
the Ministry of Defense had arrested Vardan Martirosian on charges of
abuse of power after it had discovered that Martirosian had forced
conscripts to take out and hand over to him loans from a local bank in
the amount of 500,000 drams (approximately $1,400). Further reports
revealed that Artur Karapetian, another officer from that unit, had
also been arrested for extorting money from soldiers. According to
official information, the investigation revealed, that in following
Martirosian's orders, Major Arsen Nersisian, the head of the
headquarters of the military unit, had collected 610,000 drams
(approximately $1,500) from various servicemen in the period from June
2009 to August. Nersisian had also collected 170,000 drams
(approximately $425) from soldiers and had purchased a laptop from the
deputy commander of the unit, Artur Karepetian, and presented it to
Martirosian. A criminal case was launched against the three on charges
of abuse of authority. On December 29, the criminal case against
Martirosian and Karapetian was dropped due to ``actual repentance,''
and the investigation into Nersisian was still ongoing at year's end.
According to 2009 research conducted by the domestic Soldier's
Mothers NGO, the most numerous violations of soldiers' rights,
approximately 46 percent, occurred during the process of medical
examination. These violations included incomplete medical examinations
prior to induction into service and induction into service of recruits
with disqualifying medical conditions. The ombudsman in his 2009 annual
report cited one instance in which these practices led to the death of
a soldier. The ombudsman's report noted that families of recruits who
complained to the Office of the Ombudsman about the actions of the
military commissariats were reluctant to put their complaints in
writing from fear that their sons would be assigned to faraway units in
retaliation. The Office of the Ombudsman found servicemen in poor
health at almost all military units it visited. The ombudsman's report
also noted that conscripts with various degrees of psychological
illness were given assignments to guard border areas. These individuals
included conscripts who had medical restrictions, such as prohibitions
on carrying weapons, as well as persons with histories of self-injury.
The report cited unit commanders as observing that some conscripts with
severe psychological problems were a significant threat to others.
On November 5, media outlets reported the arrest of Lieutenant
Colonel Armen Bareghamanian, deputy commander of a military unit, for
brutally beating soldier Eric Grigorian on October 28. Grigorian was
hospitalized with a broken nose, brain concussion, and other injuries
following an almost hour-long beating by Bareghamanian, who was angered
by the fact that Grigorian missed the morning assembly. By year's end,
the investigation on charges of abuse of authority remained underway,
while Bareghamanian remained under detention. Prior to this incident,
Bareghamanian was under investigation for beating another soldier,
Bagrat Yeghishian, in the same unit on June 17, while continuing to
hold his position as deputy commander. The criminal case into
Yeghishian's beating was launched on August 19. On November 9,
Bareghamanian was convicted and sentenced to two-and-one-half years in
prison for abusing Yeghishian.
On September 11, amateur video footage appeared on YouTube
depicting an unidentifiable man in a rural, outdoor setting slapping
and otherwise mistreating two young men in army uniforms. The man was
sitting on the ground enjoying a meal, while the two young men took
turns kneeling in front of him and having their ears pulled and their
necks and heads slapped and shaken. The video, which was immediately
removed from YouTube, caused a public outcry. Although initially
condemning the creation and dissemination of such footage, the Defense
Ministry announced on September 17 that the film was authentic and that
the depicted events involving Armenian military personnel occurred in
July. The ministry identified the abuser as Major Sasun Galstian, who
was reportedly intoxicated, and the victims as Sergeant Garik
Harutyunian and conscript Bakur Yeghikian. Authorities initiated a
criminal case, and Major Galstian was arrested on charges of abuse of
authority. On December 9, Galstian was convicted and sentenced to three
years in prison.
In mid-July the investigative Hetq weekly reported on the trial of
11 conscripts who had repeatedly beaten and humiliated fellow conscript
Abraham Kupalian over a period of approximately six months starting in
September 2009. A second victim, Armen Borisov, was also mistreated
when he tried to protect Kupalian. According to Hetq, Kupalian could
recall 12 instances of battery and abuse by the conscripts Yura
Sarjian, Davit Manukian, Andranik Terterian, Aghasi Tonoyan, Gevorg
Davtian, Levon Galstian, Davit Ghazarian, Davit Ghukasian, Artur
Tarloyan, Ara Manukian, and Aram Vagharshakian. Kupalian complained to
his commander, Grigori Avetisian, who took no action. According to the
article, at least two other officers, Gevorg Yeritsian and Ara
Melkonian, knew about the beatings but also took no action. Four of the
11 abusers were sentenced to three years in prison, while the others
received conditional sentences. However, neither the commander of the
unit nor the two other officers were held accountable. Grigor Avetisian
was initially charged with inaction; however the charges against him
were later dropped.

Prison and Detention Center Conditions.--Prison conditions worsened
significantly during the year, in large part due to overcrowding. The
number of registered deaths in prisons increased, from 15 in 2009 to 37
during the year, with most attributed to illnesses and some to
suicides. In a preliminary statement issued at the end of a September 6
to 15 observation mission, the Working Group on Arbitrary Detention of
the UN Human Rights Council (UNHRC) noted that some prisons exhibited
overcrowding, poor sanitation, minimal medical care, and a lack of
sufficient ventilation. The working group observed that overcrowding
appeared to facilitate corruption in prison, including prisoners
bribing guards to move them to less populated cells. However, the
working group also noted some improvements. Authorities generally
permitted visits by independent human rights observers.
On July 26, the CSMB noted that in the previous 12 months, the
number of inmates in confinement increased by 20 percent. The CSMB
reported that, according to official data as of July 1, 4,850 persons
were being held in penitentiary institutions designated to hold a
maximum of 4,396 inmates. The CSMB stated that in Nubarashen, the
country's largest penitentiary, 16 to 20 inmates were kept in cells
designed to hold only eight persons, with convicts taking turns
sleeping. According to the CSMB, the overcrowding and consequent bad
ventilation caused health and psychological problems and produced
tensions and conflict among inmates. The CSMB noted that conditions
could be interpreted under the European Convention of Human Rights as
constituting cruel, inhuman, or degrading treatment, and, in certain
cases, torture.
According to the CSMB, overcrowding was attributable in part to the
courts' extensive use of pretrial detention and the limited application
of alternative punishments and conditional release on parole. The board
noted that, according to 2009 data, only 14 percent of inmates who
qualified for early release on parole were actually released. During
the year human rights activists and attorneys continued to voice
concerns over the activities of the Commissions on Early Release and
Release on Parole, particularly the absence of strict criteria for the
commissions' decision-making process, the lack of an appeal mechanism,
and the fact that most members of the commissions were representatives
of law enforcement structures who were prone to hold a bias against
individuals with criminal records.
During the year the CSMB filed several urgent reports to the
Ministry of Justice regarding the deteriorating health condition of
some convicts; although these convicts theoretically qualified for
early release on account of their health problems, they remained in
prison. According to the CSMB, the interagency medical commission in
charge of considering the early release of prisoners on health grounds
was generally very slow to act, which resulted in undue delays in their
deliberations.
According to official information, the average number of persons
held in penitentiaries during the year was 4,807 persons. This included
an average yearly number of 456 pretrial detainees and 416 detainees
whose cases were in progress and who were in custody awaiting court
verdicts. Pretrial detainees were confined separately from inmates. The
total capacity of all penitentiary institutions was 4,395 persons.
By the end of the year, there were 204 women (143 convicts and 61
detainees) and 34 juveniles (22 convicts and 12 detainees) who were
kept in the Abovian penitentiary for women and juveniles. One of the
juvenile detainees was a woman. Women and male juveniles were kept in
separate zones. There were no facilities for female juvenile convicts,
mainly because juvenile girls were rarely convicted; however, if
convicted they were held with adult women. Inmates were housed in large
dormitories--with women housed separately from juvenile boys--and,
according to domestic observers, this arrangement generated conditions
that were worse than those observed at penitentiaries where inmates
were confined in separate cells.
In its 2009 report, the PMG described the use of police detention
cells as actual holding centers for pretrial detainees as a significant
problem. In the regions outside of Yerevan, pretrial detainees
outnumbered arrestees in police cells by more than two to one--2,276 of
the former compared with 915 of the latter. By law pretrial detainees
may not be held in police cells for more than three days, since the
cells were not equipped to offer detainees the same conditions as
pretrial detention cells at penitentiaries. However, the PMG reported
that in the regions there were instances of pretrial detainees spending
as long as 27 days in police cells. While the PMG monitored police
detention facilities, they did not have access to police station
premises.
Convicts and detainees did not always have reasonable access to
visitors. Both have the right to short-term visits, and convicts are
also entitled to long-term (conjugal) visits. A person under pretrial
detention is granted at least two visits per month (each lasting up to
three hours) with close relatives, representatives of the mass media,
or other persons--unless the body conducting pretrial proceedings has
prohibited such visits. Most convicts are entitled to at least one
short-term visit per month (lasting up to four hours) with close
relatives or other persons and to long-term visits (up to three days)
with close relatives once per every two months. These minimum
entitlements were not always met, however, mainly for technical
reasons. Due to overcrowding, individuals confined in the Nubarashen
penitentiary could not exercise their right to visits or were forced to
accept much shorter visits than provided by law. Persons convicted of
especially grave crimes and those serving life sentences are entitled
to fewer visits--three short-term and one long-term visit per year.
According to domestic observers, these additional limitations on access
constituted excessive punishment beyond what was ordered by the courts.
According to domestic observers, authorities did not investigate
credible allegations of inhumane conditions and did not document the
results of such investigations in a publicly accessible manner. In
addition authorities did not always permit prisoners and detainees to
submit uncensored appeals to authorities requesting investigation of
credible allegations of inhumane conditions. By law the communications
of pretrial detainees may only be censored by a court order. However,
according to domestic observers, there were numerous cases when the
letters of convicted persons were read and censored by prison
administrations.
According to domestic observers, the Government did not efficiently
investigate and monitor conditions in prison and detention facilities.
The Oversight Department of the Ministry of Justice was in charge of
monitoring the implementation of the legal requirements for the
penitentiaries, but according to domestic observers, it did not have
sufficient staff and resources to carry out this function effectively.
During the year there were no cases launched against prison
administration or other officials for violence toward inmates.
On July 20, the ombudsman sent a letter to the Ministry of Justice
conveying his concern about suicides and deadly accidents in the
Nubarashen prison during the May to July period. He asked the ministry
to explain these events and describe the measures it was taking to
address them. In its response, the Ministry of Justice reported that it
had discovered a number of violations committed by prison
administration and medical personnel in civilian medical institutions
and, while they had not contributed to the deaths, they nevertheless
rendered those in confinement more vulnerable. The Ministry of Justice
said it was taking measures to correct the situation.
Domestic prison monitors believed that the increase in deaths was
correlated with worsening prison conditions. According to official
information during the year, 37 deaths were registered in the
penitentiaries--an increase from 15 cases in 2009. Most of the deaths
were due to illnesses, one was due to an accident, and four were
suicides.
Corruption among prison officials was also a problem in which both
prisoners and administration participated (see section 4). In 2009 the
NGO Helsinki Committee reported the account of a former prisoner at
Nubarashen penitentiary who claimed that the prison was ruled by a
clandestine organized criminal system, with rampant corruption
affecting the prisoners and involving the administration; he described
secrecy, blackmail, gambling, torture, psychological pressure,
intimidation, and inducing inmates to commit suicide as prevalent
practices. The account alleged that bribes had to be paid for legally
prescribed privileges, such as visits, walks, telephone calls, and
receipt of packages.
The Government generally permitted domestic NGOs and international
rights groups, including the International Committee of the Red Cross
(ICRC), to monitor conditions in prisons. The ICRC was permitted to
visit both prisons and pretrial detention centers and did so in
accordance with its standard modalities. Authorities generally
permitted CSMB personnel to visit prisons without advance notice.
In 2008 the National Assembly delegated to the ombudsman
responsibility for the country's implementation of the Optional
Protocol to the United Nations Convention against Torture (OPCAT).
Overseen by the Office of the Ombudsman, a group of four
representatives of various NGOs and three experts appointed by the
ombudsman began implementing OPCAT during the year and visited various
detention facilities and police stations beginning in the summer
months.
The Law on the Human Rights Defender does not specify whether the
ombudsman can serve on behalf of prisoners and detainees to consider
such matters as alternatives to incarceration for nonviolent offenders
to alleviate inhumane overcrowding; addressing the status and
circumstances of confinement of juvenile offenders; and improving
pretrial detention, bail, and recordkeeping procedures to ensure
prisoners do not serve beyond the maximum sentence for the charged
offense. The law does allow the ombudsman, after receiving a complaint
of a human right violation from any person, to propose corrective
action by the state to eliminate the committed violation, including
initiating legal action to invalidate any legal acts of the state that
violate human rights and fundamental freedoms.
At the conclusion of its September observation mission, the UNHRC
working group found some positive developments, including efforts to
improve physical conditions in the prisons and detention centers it
visited, and noted that 33 out of 40 police detention centers had been
refurbished. The statement also stressed the apparent good rapport
between prisoners, detainees, and prison guards and reported it did not
receive any allegations of abuse of power or mistreatment by prison
guards from any inmate.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention. While statutory law provides for adequate
judicial review, judges are often reluctant, however, to challenge the
requests of prosecutors in detaining persons or the conduct of police
in arresting suspects. Statutory law does not require that a wanted
person for whom a warrant has been issued be promptly brought before a
judge for the review of his detention after apprehension. However, case
law from the Cassation Court requires such prompt judicial review. In
practice authorities on occasion arrested and detained criminal
suspects without reasonable suspicion. Authorities continued to detain
arbitrarily individuals who held political affiliations or engaged in
activities perceived to be in opposition to the Government.

Role of the Police and Security Apparatus.--The national police are
responsible for internal security, while the National Security Service
(NSS) is responsible for national security, intelligence activities,
and border control; the heads of both organizations are appointed by
the president. The police and the NSS continued to lack sufficient
training, resources, and established procedures to implement reforms
successfully or to prevent incidents of abuse. Law enforcement bodies
did little to investigate allegations of abuse within their ranks. As a
result, impunity remained a chronic, serious problem, particularly
among police personnel.
There was no dedicated mechanism for investigating police abuse. By
law citizens may sue police in court. According to official
information, during the year the police conducted 24 internal
investigations into citizens' complaints of police misconduct and
brutality against detained or arrested persons, witnesses, or citizens.
Eighteen of the cases were considered unsubstantiated by proof; two
were in progress; and four cases resulted in disciplinary actions
towards four police officers, including removal from service in one
case.
During the year the SIS conducted four investigations into
instances of abuse by representatives of law enforcement bodies. Two of
these cases involving eight defendants were sent to the courts, one was
dropped due to the absence of a crime, and one was suspended since the
perpetrator could not be found.
By law detainees may file complaints before trial to address abuses
allegedly committed by law enforcement personnel during criminal
investigations; however, detainees must obtain permission from the
police or prosecutor's office to undergo the forensic medical
examination that is required to substantiate a report of physical
abuse. Human rights NGOs continued to report that authorities rarely
granted such permission or granted it at a later date when physical
signs of abuse were no longer visible.
On March 31, the Government approved the 2010-11 Police Reform
Program. The program was developed with the support of the Organization
for Security and Cooperation in Europe (OSCE) and recommended
structural, organizational, and educational reforms in the police.
Authorities continued to develop community policing initiatives in
cooperation with the OSCE, through which two police outreach stations
were opened in Yerevan's Arabkir District in 2009.
On May 14, the two opposition members of a fact-finding group the
Government created and subsequently disbanded after the 2008
postelection disturbances, released a report on the involvement of the
armed forces in those events. The report asserted that armed forces
units were ordered into Yerevan prior to the declaration of the state
of emergency on March 1 and argued that this was a violation of the
constitution. As evidence the authors cited a legal analysis of the
constitution, the numerous contradictions between the statements of
various officials, available photographic and video material, and a
2008 top secret directive that was leaked to the press in December
2009. The directive, issued by then minister of defense Mikael
Harutyunian, placed the armed forces on high alert, ordered the
formation and arming of special groups of officers, and created a
special command structure with broad control over military units
stationed in and around Yerevan under the leadership of then commander
of the Yerevan garrison and deputy minister of defense, Yuri
Khachaturov. On May 4, Armen Sargsian, a former senior defense ministry
official, was sentenced to two years in prison for leaking the
document; his subordinate, Lyusia Aivazian, received a one-year
suspended sentence on the same charges. Following the release of the
secret directive and the report by the former members of the fact-
finding group of experts, the political opposition claimed that the
actions of the authorities represented a coup d'etat.

Arrest Procedures and Treatment While in Detention.--Within three
hours of taking a person into custody, the investigative body must
either formally arrest or release the individual. Within 72 hours after
taking a person into custody, the investigative body must either
release the arrested person or bring charges against the individual and
obtain a detention warrant from a judge. Judges rarely denied police
requests for detention warrants. At times police summoned individuals
and held them in excess of three hours, without a formal arrest, on the
pretext that they were material witnesses to a crime (and not
suspects). Domestic observers contended police avoided labeling
summoned persons as suspects to avoid the legal requirement to grant
them the rights of suspects.
According to the PMG's 2009 report, the registries of police
detention facilities noted 257 occasions when the right to meet with an
attorney had been exercised by the 4,158 persons held in such
facilities during 2009. This figure included instances when the same
person met with his attorney several times.
In its statement of preliminary observations issued in September,
the UNHRC Working Group on Arbitrary Detention noted the excessive
powers of police, the NSS, and Border Guards facilitated the arrest and
detention of numerous individuals without an arrest warrant. Arrests
were often not a consequence of an ongoing police investigation;
instead, persons were detained to be investigated.
The law provides for a bail system; however, in practice most
courts denied requests for bail, ordering instead either continued
detention or release of defendants on their own recognizance pending
trial. In the latter case, defendants were sometimes required to
surrender their passports and to sign statements promising not to leave
the country or, in some cases, the city limits. Attorneys and court
observers complained that while the law requires reasoned decisions be
made on detention, and that detention be viewed as the measure of last
resort, in practice detention decisions were often approved
automatically by courts, with little consideration given to whether
less restrictive alternatives might suffice to assure the orderly
administration of justice. The overuse of detention applied also to
juvenile offenders. There is no separate system for dealing with
juvenile offenders and, in the view of some observers, the lack of
demarcation between the adult and juvenile systems fails to recognize
the unique nature of juvenile justice fully.
On March 8, the OSCE Office for Democratic Institutions and Human
Rights (ODIHR) issued the final report on its trial monitoring project
in the country from April 2008 to July 2009, which contained findings
from ODIHR's monitoring of the criminal trials resulting from the
postelection unrest in 2008. According to the report, judicial review
of arrest and detention did not always meet either international
standards or national legal requirements, and decisions to keep persons
who were accused in custody pending trial were not reasoned properly
and did not adequately address the facts in individual cases. The ODIHR
report stated that alternatives to custody were seldom explored, and
defense motions requesting them were frequently not addressed. Police
arrests were often improperly and inaccurately documented, which
created doubts about the legality of arrests and detention in police
custody. The report noted the law treated detention hearings as closed
hearings. The justification given by judicial authorities for holding
closed hearings was to protect information obtained during a criminal
investigation; however, this procedure prevented the media and public
from monitoring the appropriateness of detention decisions and shielded
courts from any scrutiny of those decisions.
The law requires police to inform detainees of their rights to
remain silent, to make a telephone call, and to be represented by an
attorney from the moment of arrest. Public defenders must be provided
in the case of indigent detainees; however, in practice police often
questioned and pressured detainees to confess to crimes prior to
indictment and in the absence of legal counsel. The practice of
detaining individuals as ``material witnesses'' before designating them
as suspects resulted in the questioning of individuals without the
benefit of a defense attorney. Police sometimes restricted detainees'
access to family members and attorneys.
Between May 28 and 31, police, under the command of Deputy Chief of
Yerevan Police Robert Melkonian, arbitrarily detained dozens of
persons--mainly youth activists, representatives of the political
opposition, and some journalists--who sought to enter the centrally
located Freedom Square after police ordered them not to do so--in
several instances resorting to force to deter them (see section 2.b.).
Lengthy pretrial or preventive detention remained a chronic
problem. Although the law requires a well-reasoned decision to justify
grounds for an extension of pretrial custody, judges routinely
prolonged custody on seemingly unclear grounds. In practice authorities
generally respected the provision of the law stipulating that pretrial
detention could not extend beyond 12 months. However, the law does not
set any limits for detention of defendants once their cases are sent to
court.
According to official information, during the year the average
prison population consisted of 4,807 inmates of which pretrial
detainees totaled 456 persons and 416 were detainees whose trials were
in progress.
In a statement containing its preliminary observations on its
September 6 to 15 visit, the UNHRC working group noted the ratio in
prisons between persons in pretrial detention and those convicted
seemed proportional and adequate, with approximately a quarter of
detainees on remand.

e. Denial of Fair Public Trial.--The law provides for an
independent judiciary; however, courts remained subject to political
pressure from the executive branch as well as the self-imposed
expectation that judges would find the accused guilty in almost every
case. Although judicial corruption continued to exist, courtroom
observers believe it occurred less frequently than in the past. This
was due to several reported factors--judicial salaries were raised
significantly; many corruption cases were brought against mid to low-
level government personnel (including police officers and prosecutors);
and the mindset of judges has become more cautious due to a greater
possibility of disciplinary action and other penalties than in previous
years.
Trials usually met many of the procedural standards for fairness;
however, they were often unfair in substance, because many judges felt
compelled to work with prosecutors to achieve convictions. Judges were
reluctant to challenge police experts or hold the prosecution
accountable for meeting an appropriately high standard of guilt,
thereby hampering the defendant's ability to mount a credible defense.
Since 2008 the ECHR has found 13 violations of citizens' right to a
fair trial as provided under the European Convention on Human Rights.
In one case decided during the year, the ECHR declared the right of
access to a court was violated when the Court of Cassation rejected an
applicant's appeal as not timely without due regard to the fact that
the applicant was unable to submit the appeal for reasons beyond his
control. The judgment went into effect on October 4, following the
Government's unsuccessful appeal of the decision to the Great Chamber
of the ECHR.

Trial Procedures.--The law requires most trials be public but
permits exceptions, including when a secret trial is deemed to be in
the interest of ``morals,'' national security, or for the ``protection
of the private lives of the participants.'' Juries are not used. A
single judge issues verdicts in first instance courts (except for cases
on crimes punishable by life imprisonment), and panels of judges
preside in the higher courts. Defendants generally have the right, and
are generally required, to be present at their trials. They have the
right to counsel of their own choosing, and the Government is required
to provide them with defense counsel--a public defender--upon request;
however, this obligation was frequently not honored in regions outside
of Yerevan, where there often were not enough defense lawyers.
Reportedly, defendants would at times refuse their public defenders
because of the perception that public defenders colluded with
prosecutors.
By law defendants may confront witnesses, present evidence, and
examine the Government's case in advance of the trial; however, in
practice defendants and their attorneys had very little ability to
challenge government witnesses, particularly police officers. Under the
law, police officers are prohibited from testifying at trial in their
official capacities unless they are testifying as a witness or victim
in a case. Thus, official police reports detailing the evidence found
at a crime scene or the confession of a defendant were routinely
received as evidence without any in-court testimony from police.
Defense lawyers had almost no ability to challenge the findings of
these official reports, which were generally considered by courts to be
unimpeachable. Judges controlled the ``witness list,'' which designated
the witnesses deemed to have evidence relevant to a criminal case, and
defense attorneys complained that at times they were not allowed to
call or obtain the attendance at trial of witnesses whom they believed
to have evidence helpful to their client's defense.
Defendants, prosecutors, and the injured party have the right to
appeal court rulings. Judges generally granted defendants' requests for
additional time to prepare cases. The law provides for the presumption
of innocence; in practice, however, this right was frequently violated.
Courts at all levels failed to give proper consideration to claims
by defendants or witnesses that they had undergone torture during the
investigation of their cases. Defense lawyers have the right to present
evidence of torture to overturn improperly obtained confessions;
however, judges often did not respond to such evidence, gave it little
credence, or rejected it outright and issued guilty verdicts in cases
where witnesses had alleged torture. A reported exception was the
December 2009 decision of a trial court judge in the Aragatsotn region,
who recognized as unacceptable the testimony obtained from the
daughters of Sasha Davtian on the grounds that those testimonies had
been obtained in an unlawful manner, under duress. In spite of this
decision, no subsequent investigation or prosecution of those who
committed the rape was conducted, nor was there an investigation into
the violence allegedly inflicted on the family by police officers (see
section 1. c.). Judges also failed to exclude evidence resulting from
illegal arrests.
The OSCE/ODIHR trial monitoring report released on March 8 observed
that the right not to be compelled to testify and the obligation to
exclude unlawfully obtained evidence were not always respected in
practice. Defense motions to exclude such evidence were largely ignored
or denied. In some cases judges relied on pretrial statements of
defendants which conflicted with their testimonies during the trial,
despite allegations the pretrial statements were made under duress and
intimidation. Similarly, judges relied on witness statements despite
allegations they were obtained under duress. Research on this subject
by the UN Development Program, in collaboration with the ombudsman,
concluded that even in the presence of objective indications that a
party to the trial had been subjected to torture, the courts did not
raise the issue, and, in rare instances, evidence was admitted even
when it was officially recognized that it had been obtained as a result
of an act of torture.
Domestic observers maintained that judges were somewhat more
sensitive to the rights of the defense than in years past; however, the
courts tended to favor the prosecution in all but a few proceedings.
They cited as evidence the courts' continued denials of defense motions
and improper editing of the records of court proceedings.
It was very common for witnesses in criminal cases to disavow in
court statements they had previously given to police. This may be done
in part because witnesses fear retribution from the defendant, in part
because their initial statements were made under police pressure, but
mostly it is done because it is the custom and practice to recant such
statements so as to accuse a person in a public forum. As such
recantations are common in criminal cases, the courts routinely relied
on a witness's initial statement to find an accused person guilty.
Expert opinions proffered by the prosecution were often not
effectively challenged. This circumstance was sometimes due to
reluctance of the courts to grant motions of defense attorneys
requesting additional forensic expertise. The OSCE/ODIHR report noted
that defense lawyers regularly motioned the courts to summon witnesses,
order forensic expertise, and introduce other additional evidence.
Courts were generally reluctant to grant such motions and often refused
to do so without providing a rationale as required by law. Defense
lawyers claimed that such attitudes prevented them from defending their
clients, especially if the clients were perceived to be opponents of
the Government.
On January 14, the Constitutional Court ruled unconstitutional the
``contempt of court'' provision of the criminal code, since it
envisaged criminal liability only towards witnesses, victims, and
defense attorneys, but not prosecutors. The ruling was based on the
application of the ombudsman in response to a request from the Chamber
of Advocates (defense bar), after two criminal cases were launched
against four defense attorneys for disrespectful actions towards the
court. The defense attorneys had walked out of a trial of Khachatur
Sukiasian, a prominent opposition supporter, member of parliament, and
businessman whom they were defending, to illustrate that the trial
could go on without them, as they complained that trials for criminal
cases were a formality, with verdicts decided by judges before the
trials started. These and other defense attorneys claimed this put them
in a difficult situation in which they were present at the trial but
unable to defend their clients. The four attorneys were acquitted
following the Constitutional Court ruling.
Two court decisions during the year appeared to shift the balance
slightly in the direction of defendants. On March 26, the Cassation
Court ruled that a statement given to investigators by an individual
classified by police--the investigative body in the country--as a
``witness'' could not be used against that person in a criminal case
because in reality that person was a suspect whom the police had
classified as a witness and who had been denied the right to an
attorney. The court's decision followed a ruling by the ECHR that the
actual status of a person was determinative of that person's rights,
and that the artificial determination made by a police officer would
not determine a person's true status and rights.
On April 2, the Constitutional Court found unconstitutional a 2007
provision in the criminal procedural code which allowed trial judges to
suspend a trial and apply to the Prosecutor General's Office for
revision of the indictment protocol to include new or aggravated
charges. The Constitutional Court ruled this provision was in violation
of the main principles of fair trial and the presumption of innocence.
This decision, viewed by many observers as significant, reaffirmed the
judiciary must be independent from the prosecution and that these
entities cannot coordinate efforts to secure a conviction.
As in the past, the vast majority of criminal cases sent to trial
resulted in convictions. Observers reported this was because many
judges felt it was their job to work with the prosecutors and return
guilty verdicts. Furthermore, many judges feared they would face
retribution should they return an acquittal on a sensitive case that
was important to authorities. Notwithstanding that many weak cases
resulted in convictions, the high conviction rate could also be
attributed to police investigators weeding out weak cases and not
sending them to court. According to court statistics, the courts
rendered only 31 acquittals (both partial and full acquittals in
reference to 39 persons) out of a total of 3,307 verdicts announced
during the year, an acquittal rate of approximately 0.9 percent.
However, in comparison with 2009, the number of acquittals increased.
In December 2009 the ombudsman issued a public report in which he
noted that violations of the right to a fair trial distorted the role
of the courts as an impartial arbiter, keeping public confidence in the
administration of justice very low.

Political Prisoners and Detainees.--During the year authorities
released four individuals who had been convicted in connection with the
2008 presidential election and postelection unrest. Two other
individuals convicted in connection with these events were released
from prison after serving their full sentences, while a handful of
other individuals remained incarcerated. Most were supporters or
members of the political opposition that disputed the outcome of the
2008 presidential election or participated in postelection
demonstrations. The arrests and trials of most or all of the
incarcerated individuals appeared politically influenced to varying
degrees. Some were charged under broadly defined criminal charges of
``usurpation of state authority'' or ``organizing mass disorder,''
while others were prosecuted under weapons possession laws or for
resisting arrest. As a result of subsequent amendments to the criminal
code, the ``usurpation of state authority'' charges were dropped, but
the other charges remained. Authorities continued to deny the presence
of political prisoners in the country.
On January 29 and July 29, Mkrtich Sapeyan and his brother Zhora
Sapeyan were released after serving their terms of two and two-and-a-
half years, respectively. They were convicted, in a trial many
observers considered lacking due process and politically motivated, of
beating a government supporter who heckled opposition presidential
candidate Levon Ter-Petrossian in the town of Talin during a 2008
campaign rally.
Oppositionists Ashot Manukian, Mushegh Saghatelian, Gabriel
Gabrielian, and Felix Gevorgian, who had been imprisoned following the
2008 events, were granted early release on October 29, November 24,
December 6, and December 9, respectively, after serving half of their
sentences that many considered politically motivated.
On February 10, authorities returned Sasun Mikaelian to a prison
hospital after he underwent a second heart surgery in a private clinic.
Mikaelian was a supporter of 2008 opposition presidential candidate
Ter-Petrossian and a former member of parliament who was sentenced to
eight years' imprisonment for illegal weapons possession and organizing
mass disorder following the 2008 events in a trial many considered
politically motivated. Arevik Stepanian, a physician at the clinic,
claimed that Mikaelian, who in addition to heart trouble suffered from
war-time injuries, needed physical exercise, a special diet, and
constant monitoring by a cardiologist. The Ministry of Justice claimed
that Mikaelian could receive the necessary treatment at the prison
hospital, a claimhis family members strongly disputed. Throughout the
yearthere were reports that Mikaelian's health was deteriorating and,
on more than one occasion, he was taken to a civilian hospital for
urgent care. The opposition Armenian National Congress (ANC) claimed
that Mikaelian was eligible for, and should be granted, early release
on health grounds in accordance with the criminal procedural code.
However, he remained in a prison hospital at year's end.
On January 19, Nikol Pashinian, a prominent opposition figure and
editor of the opposition Haykakan Zhamanak daily, was convicted of
organizing ``mass disorder'' in connection with the March 2008 events
and sentenced to seven years' imprisonment in a trial many observers
considered to be politically motivated. At the same time, Pashinian was
acquitted of assaulting a police officer during a separate preelection
opposition demonstration in 2007. The Court of Appeals upheld the
verdict on March 9 but ruled he was eligible for the June 2009 amnesty,
and his sentence was reduced by half.
On February 12, Saribek Sukiasian was detained by police and held
for 72 hours for allegedly keeping the businessman Gor Davtian hostage
in his office to renegotiate the terms of ownership of one of the
companies owned by his brother, Khachatur Sukiasian. Khachatur
Sukiasian's family and companies continued to be government targets,
apparently in retaliation for his support of Ter-Petrossian's 2008
presidential candidacy. Charges against Saribek Sukiasian were dropped
on June 14 due to lack of evidence. According to official information,
on October 19, the SIS dropped the criminal case against Sukiasian as
his participation in the alleged crime was not proven.

Regional Human Rights Court Decisions.--Once they have exhausted
domestic legal remedies, citizens may apply to the ECHR for the redress
of grievances involving an alleged infringement of rights under the
European Convention on Human Rights. During the year the ECHR announced
it handed down five judgments against the state and that dozens of
applications remained pending before the court at year's end. In 2009
the ECHR issued judgments in nine cases involving the country, eight of
which found at least one violation of the convention by the state.
The Government was generally responsive in providing specific
monetary compensation when ordered to do so by ECHR. However, it was
substantially less responsive in readjudicating the cases that resulted
in the violations of the European Convention of Human Rights--and the
ECHR's subsequent decisions--and in making legislative or
administrative corrective changes to prevent similar violations. For
example, on August 13, the Court of Cassation again refused Meltex
Limited, the parent company of broadcaster A1Plus, a broadcast license,
despite an ECHR ruling that the Government violated the freedom of
expression provisions of the convention by failing to provide a written
explanation for denying it a license in 2002. However, the Government
paid 30,000 euros ($42,900) to Meltex Limited as ordered by the ECHR.
In 2007 the ECHR had stated that during the trial of the criminal
case Misha Harutiunian versus Armenia, Harutiunian's right to a fair
trial was violated when evidence that had been obtained by torture was
used as proof of guilt in the case. In its April 2009 decision, the
Court of Cassation reversed previous judgments against Harutiunian and
sent the case to the court of general jurisdiction of the Syunik Region
for a new trial. On March 22, Harutiunian was again convicted and
sentenced to 10 years in prison, exactly the same amount of time which
he had already served. The defense appealed the judgment in the Review
Criminal Court, and the case was pending at year's end. Harutiunian's
defense attorneys raised issues as to whether the ECHR decision was
properly enforced. The ECHR judgment had legally obliged the country to
stop the violation and eliminate its consequences to restore
Harutiunian to the state existing before the judgment to the highest
possible extent. The defense challenged the action of the Government,
alleging that by reconvicting Harutiunian, who had already served his
entire sentence, the Government had failed to follow the principle of
restitution. The defense further alleged the evidence used in the
second trial was insufficient to support the second conviction.

Civil Judicial Procedures and Remedies.--Citizens had access to
courts to bring lawsuits seeking damages for, or cessation of, a human
rights violation; however, the courts were widely perceived as corrupt,
and potential litigants in civil cases often evaluated the advisability
of bringing suit on the basis of whether they or their opponents had
greater resources with which to influence judges. Citizens also had
access to the Office of the Ombudsman as well as to the Constitutional
Court in order to challenge the constitutionality of legislation.
There was no progress during the year in the cases of many Yerevan
residents whose property was razed on eminent domain grounds, despite
the Constitutional Court's ruling in 2006 that the 2002 government
decision authorizing such demolitions violated the constitution. In
June 2009 the ECHR delivered a verdict in the Minasian and Semerjian
versus Armenia case, ruling the state had violated the property rights
of both citizens when expropriating their property. By the end of the
year, ECHR had not made an accompanying decision on the amount of the
compensation to be provided.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits unauthorized searches and
provides for the right to privacy and confidentiality of
communications. However, the Government violated these rights in
practice.
By law judges may authorize authorities to wiretap a telephone or
intercept correspondence only after being presented with compelling
evidence of criminal activity; however, during the year judges
arbitrarily granted permission, and searches without warrants
reportedly occurred. According to a February 23 statement issued by the
defense attorneys of Saribek Sukiasian, the police on February 13
conducted an illegal search in the office of ``SIL Concern'' CJSC
belonging to the Sukiasian family. According to the defense attorneys,
although the court warrant was issued for a different address, the
investigator allegedly wrote over the other address to carry out the
search. The statement also noted police had illegally confiscated a
computer in the office that contained important material in reference
to Saribek Sukiasian's case that should have been protected by
attorney-client privilege.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press; however, the Government did not
always respect these rights in practice. There continued to be
incidents of violence and intimidation of the press and press self-
censorship throughout the year. The media, especially television,
continued to lack diversity of opinion and objective reporting.
Domestic and international observers expressed concern substantive
changes to media legislation enacted during the year, in connection
with the country's planned switchover to digitalized broadcasting,
could reduce media pluralism and citizens' access to diverse
information and opinions.
Individuals could generally criticize the Government publicly and
privately without fear of retaliation; however, media outlets,
particularly broadcasters, feared reprisal for reporting that was
critical of the Government. These reprisals included the threat of
losing a broadcast license or of a selective tax investigation, as well
as loss of revenue when advertisers learned an outlet was in disfavor
with the Government. This fear of retribution led to a high degree of
self-censorship.
Most newspapers were privately owned, with the exception of
government-sponsored Hayastani Hanrapetutiun and its Russian-language
version, Respublika Armenii. The print media generally expressed a wide
variety of views without restriction but remained influenced by
economic or political interest groups or individuals.
Greater plurality of opinion existed in online publications,
although the readership of online media remained limited, especially
outside Yerevan.
Newspaper circulation remained very limited, as was the audience
for the country's 20 radio stations, of which three were public and two
were broadcast from abroad. According to official information, 82
television stations operated during the year, of which three were
public and four were broadcast from abroad. All but the three public
television stations were privately owned, and half of all of the
television stations operating in the country were small broadcasters
based in outlying regions. Only the state-owned Public Television (H1)
had nationwide coverage, although several other stations were able to
broadcast beyond their home regions. Most stations were owned by
progovernment politicians or well-connected businessmen, factors that
continued to prompt journalists working for them to practice self-
censorship. Major broadcast media outlets generally expressed
progovernment views and avoided editorial comment or reporting critical
of the Government.
During the year there were reports of physical attacks against
journalists in connection with their journalistic activity. Many of the
perpetrators remained unidentified. Representatives of law enforcement
agencies also occasionally harassed journalists during the year. There
were no new developments in the investigation of attacks against
journalists recorded in previous years.
The Government's relationship with journalists, particularly those
who were independent of, or regarded as hostile to, the authorities was
not constructive. There were no reports authorities took any special
measures during the year to protect threatened or vulnerable
journalists or to punish those who sought to intimidate them.
On February 24, Gagik Margarian, a police officer seconded to the
SIS, reportedly attacked photojournalist Gagik Shamshian as Shamshian
was about to enter the Prosecutor General's Office to cover a press
conference. When Shamshian refused to stop taking pictures of Margarian
as Margarian was entering the office, Margarian reportedly swore at
Shamshian and struck him in the head with a briefcase. During the press
conference, the prosecutor general encouraged the photojournalist to
file a complaint and to share with law enforcement bodies the footage
he had taken. On February 25, an investigation of possible battery and
obstruction of a journalist's work was launched against Margarian, and
in a press release issued the same day, the Prosecutor General's Office
condemned ``all manifestations of violence, regardless of towards whom
it is directed,'' and posted on its Web site the video footage of the
incident caught by its security cameras. The video footage depicted a
scuffle between Shamshian and Margarian, where the two mostly pushed
each other, but also showed Margarian striking Shamshian's head with a
briefcase. According to the February 25 medical report issued by the
hospital he visited after the scuffle, Shamshian suffered damage to his
ear membrane as a result of the blow; however, according to the
subsequent March 1 medical forensic examination that formed part of the
investigation, the injury could not have been sustained as a result of
the scuffle. On April 9, the case against Margarian was dropped for
``lack of a criminal action,'' since according to official information,
most witnesses attested that Shamshian provoked the attack.
Investigative journalism was often viewed negatively, especially by
those who were the subjects of scrutiny. Physical attacks on
investigative journalists, or other attempts to discourage whistle-
blowing by journalists, continued to occur. On April 2, the Azg daily
reported its reporter was attacked by a construction worker when the
reporter tried to photograph a construction site in downtown Yerevan.
The worker allegedly struck the reporter on the head and shoulders and
tried to grab the camera and the bag from him. Nearby students helped
the reporter escape the attacker. Reportedly the worker threatened the
journalist, saying that ``your hours are numbered.'' The reporter chose
not to press charges and remained unidentified.
On May 31, during a small opposition gathering, police detained
Susanna Poghosian and Lilit Tadevosian, reporters for the opposition
newspapers Haykakan Zhamanak and Hayk, respectively, as they were
performing their journalistic duties. Poghosian and Tadevosian were
released later the same day.
On the same day, Ani Gevorgian, another reporter from the
opposition Haykakan Zhamanak daily, was arrested as she was filming a
confrontation between police and opposition supporters near Freedom
Square. She was charged with assaulting a police officer. On June 3,
she was released by a court on condition she not depart the country. On
November 29, the criminal case against Gevorgian was dropped.
On September 7, members of Prime Minister Sargsian's entourage
accompanying him to the opening of a cultural center in the Shirak
Region reportedly impeded the journalistic activities of the
independent GALA television and broke a microphone belonging to the
company. In a statement released on September 7, GALA described the
incident as obstruction of journalistic activity. The statement also
noted that, after the incident, an employee of the prime minister's
press service offered a verbal apology to GALA's journalist. However,
on the same day, an assistant to the prime minister denied GALA's
allegations, claimed that one of Sargsian's bodyguards had accidentally
broken the microphone's tripod, and stated other journalists present
could prove it was an accident. The assistant also announced that GALA
would be compensated for the damages to the company's equipment, but no
such compensation was provided by year's end.
At year's end, there were no indications police investigated
allegations of police abuse in connection with the reported April 2009
attack on journalist David Jalalian. Jalalian was reportedly attacked
by police officers before Yerevan's May 2009 municipal election while
he was covering an opposition gathering in downtown Yerevan. The
initial reports of the attack, accompanied with photos of Jalalian's
injuries, were followed by a report that Jalalian testified to the
police that he was not beaten but instead pushed by police officers and
fell on his back. Media reports alleged that Jalalian recanted after
two police officers visited him at his home and threatened him.
An NSS investigation of an apparent attempt in April 2009 to kill
Argishti Kivirian, an attorney and the editor of two independent online
media outlets, continued at year's end. Three assailants attacked
Kivirian with wooden batons and tried to shoot him in the entryway of
his apartment building as he returned home from work in the early
morning. Kivirian was hospitalized in grave condition with severe
injuries and cuts on his head and body and was placed in intensive
care. In July 2009 the NSS arrested two suspects, Gurgen Kilikian and
Vladik Merabian, and charged them with attempted murder but released
them on March 8 pending further investigation.
There were no developments in the investigation of the May 2009
attack on Nver Mnatsakanian, a news anchor and talk show host for the
private Shant TV television station. Mnatsakanian was attacked and
beaten by unknown assailants on his way home from work and suffered
injuries to his head, foot, and hand, requiring treatment in a
hospital. The case was suspended in September 2009, since the
perpetrators were not found.
There were no developments in the investigation of any of the
attacks on journalists during the May 2009 Yerevan municipal elections.
On election day, violence and abuse directed at journalists often
occurred in the presence of police and election officials, who did not
intervene either to prevent or stop it.
There was no progress during the year in resolving numerous cases
of intimidation and violence against journalists and damage to their
property during the 2008 presidential election. Likewise, no progress
was made in the numerous cases of widespread harassment and
intimidation of reporters during the 2008 postelection protests. There
were no suspects identified or prosecutions initiated in connection
with these incidents, except in one case of a voting precinct
chairperson who was fined for restricting the rights of a journalist
and election observers at a polling place.
Police reportedly continued their search for two of the three
persons who violently attacked investigative journalist Edik
Baghdasarian, known for exposing corruption, in 2008. In June 2009 one
individual, Karen Harutyunian, was sentenced to five years in prison
for his role in the attack. Police failed to apprehend the two other
alleged perpetrators and suspended their investigation in October 2009.
There was no progress in the investigation of the 2008 attacks
against Gyumri-based Asparez Journalists Club.
During the year the GALA television station based in Gyumri
continued to face legal disputes and government pressure that led most
advertisers to withdraw their commercials. On April 6, the State
Revenue Committee (SRC) terminated the customs clearance of equipment
GALA was seeking to import, claiming the broadcaster owed 822,200 drams
(approximately $2,100) in fines imposed for its failure to pay back
taxes in 2007-08. GALA insisted it had no outstanding tax obligations,
but its equipment was cleared by customs only after the SRC seized the
822,200 ($2,100) drams from the company. In May GALA's executive
director, Karine Harutyunian, stated that advertisers were cancelling
their commercials under government pressure. Only the French-owned
mobile telephone operator Orange continued to place its commercials
with the television station. The station's difficulties began in late
2007 when GALA broadcast a speech by former president Levon Ter-
Petrossian before he announced his candidacy for the 2008 presidential
election. Following the broadcast, authorities launched an aggressive
tax audit and in 2008 charged GALA 26 million drams ($85,000) in back
taxes, fines, and late fees.
On December 16, the National Commission on TV and Radio (NCTR)
turned down the 13th bid for a frequency by the independent A1Plus
television news outlet, which was forced off the air in 2002. According
to the NCTR's chairman, Grigor Amalian, A1Plus lost its latest bid for
a television broadcasting license to another television company because
it presented false letters of financial support in its application for
a new license. According to the attorneys of A1Plus, NCTR committed
procedural violations in its conduct of the competition for the new
license; they maintained the NCTR should have returned the application,
requested clarifications, or completely removed A1Plus from the
competition if it had concerns about the application's contents. A1Plus
representatives also maintained that even without the funds that were
pledged in the letters in question, the media outlet still had
sufficient financial resources to carry out its proposed business plan.
On December 20, A1Plus announced it had appealed to the administrative
court to compel the NCTR to provide it with a copy of the application
package of its competitor and winner of the tender, Armnews TV. NCTR
had refused to provide the documents to A1Plus immediately after the
competition, claiming it needed the documents for work, and that the
documents would be provided only after January 20, 2011. A1Plus stated
that it would file other appeals with the court on different aspects of
the December 16 NCTR competition; however, by year's end no such
appeals had been lodged.
In 2008, in response to an appeal from A1Plus, the ECHR ruled that
the NCTR's refusal to provide a written explanation for its repeated
refusals to grant a license violated the freedom of expression
provisions of the European Convention on Human Rights. The ECHR
awarded, and the Government paid, 30,000 euros (approximately $42,900)
to A1Plus' parent company, Meltex Limited. However, the Cassation Court
declined a subsequent application by A1plus that it revise its earlier
decisions to comply with the ECHR decision, on grounds that the ECHR
decision had not explicitly required it to do so. Meltex then appealed
to the Constitutional Court, which ruled on February 12 that a
provision of the civil procedure code the Cassation Court had relied
upon in its decisions was unconstitutional. The Constitutional Court
also noted the Cassation Court should have complied with an earlier
ruling on this subject in an unrelated matter. However, on August 13,
the Cassation Court again rebuffed a subsequent application by Meltex
and reaffirmed its earlier decision to uphold the NCTR's decision to
deny A1 Plus an operating license.
On May 18, the National Assembly adopted changes to the civil,
criminal, and criminal procedural codes decriminalizing the offenses of
``libel'' and ``insult.'' The changes were enacted in response to calls
by international organizations for greater protection for freedom of
expression. Dunja Mijatovic, the OSCE representative on freedom of the
media, stated the country ``made a significant step forward to support
freedom of expression.'' Domestic media watchdog groups nevertheless
asserted the ceiling for pecuniary damages was high in the domestic
context; they cautioned that, although the authorities cited
decriminalization as justification for the amendments, the offence of
``false denunciation,'' whose definition is very similar to that of
``libel'' and ``insult,'' still remained a criminal offense and could
be used against journalists. At the same time, a statute remained in
the criminal code criminalizing slander of judges, prosecutors, and
other representatives of law enforcement bodies. As of year's end,
there were no reported cases of the new statutes being used.
The transition from analog to digital broadcasting prompted
additional amendments to the Law on Television and Radio, which, in
spite of its stated purpose, were widely perceived as a way of further
tightening government control of broadcast media and limiting the
voices of independent media in advance of the next national election
cycle in 2012-13. On May 10, the Government published draft amendments
to the law that it claimed were necessary to establish the legal
framework for the transition. With little time for deliberation, the
National Assembly, in its last session prior to the summer recess,
enacted the amendments on June 10, and President Sargsian signed them a
week later. The drafters of the amendments had offered assurances the
recommendations of domestic media associations and international
organizations would be considered when the National Assembly revised
the drafts, but the final version ignored most of them. These
amendments followed the 2008 enactment, also done hurriedly and with
little input from the parties most concerned, of controversial
amendments to the same law that established a two-year moratorium on
the issuance of broadcast licenses, also justified on the basis of the
impending switchover to digital broadcasting.
While the June amendments failed to address key issues related to
digitalization, such as the regulation of mobile and Internet
broadcasting, digital transmitters, and network operators, they
contained provisions many asserted were not technically necessary for
digitalization, and, as domestic observers indicated, would
significantly limit media freedom and pluralism. The June amendments
would reduce the number of television channels eligible to broadcast in
Yerevan from 22 to 18 and allow only one local channel to broadcast by
digital signal from each of the country's 10 administrative regions to
replace the multiple local television companies already broadcasting
via analog signals. Regional television companies would be allowed to
continue broadcasting analog signals until 2015.
The seemingly arbitrary number of digital broadcasting licenses
perplexed domestic observers in light of the potential afforded by
digital technology to expand vastly the number of television channels.
The Government claimed the reduction was required by the peculiarity of
the frequency landscape; however, in spite of significant pressure from
domestic media associations and international organizations, the
Government did not publicize the technical audit of available
frequencies on which it claimed the planned reduction was based, making
verification of the limitations impossible. Representatives from the
NCTR, including its chairman, Grigor Amalian, had promised to release
the audit initially in September, and later by October, but had not
done so by year's end. Furthermore, in response to an inquiry by the
domestic NGO Committee to Protect Freedom of Expression, the Ministry
of Economy on December 2 stated that the foreign company which had been
commissioned to conduct the technical audit had presented its final
report on August 26--a date well after the Law on TV and Radio had been
amended in June. The Ministry of Economy also stated that the
Government had rejected and returned the audit for revision on October
27. The amendments also imposed thematic directions for each of the
future digital channels--such as youth-oriented and scientific-
educational programming, entertainment, music, local and international
news programming, and rebroadcasting of foreign TV channels--thereby
restricting what each TV company could broadcast.
On June 15, OSCE media freedom representative, Dunja Mijatovic,
whose office provided legal expertise and recommendations throughout
the amendment process, announced the final version of the law passed by
parliament failed to promote broadcast pluralism in the digital era.
Although Mijatovic's office acknowledged that some of the OSCE's
recommendations were acted upon, it noted others of crucial importance
for a smooth transition from analog to digital broadcasting were not
taken into account.
On July 20, as the 2008 moratorium on the issuance of new licenses
expired, the NCTR issued a tender for applications for 18 broadcast
licenses for nationwide, Yerevan-based, and regional broadcasting. On
July 27, it issued a second tender for applications for seven more
broadcast licenses, reportedly for TV broadcasters in the country's
regions, notwithstanding that the June amendments specified that only
18 requests for broadcast licenses would be tendered. In October the
NCTR announced that 20 media companies had applied for the 18 broadcast
licenses it had tendered in July, with two of the licenses each being
bid on by two competitors. On December 16, the NCTR selected the
winners for the 18 licenses. A1Plus lost its bid to the Yerevan-based
Armnews TV, widely perceived as a progovernment company. The Yerevan-
based ALM TV, which unlike A1Plus had an existing broadcasting license
and was in operation at year's end, lost its bid to Yerevan-based
Yerevan TV.
On December 23, the NCTR announced the winners of the seven bids
for regional-based broadcasting in the country's regions. Only two of
the seven bids involved more than one competitor. GALA TV in the Shirak
Region lost its bid in one of these competitive tenders to a television
station widely perceived as progovernmental also operating there.
Prompted by the controversy sparked by the June amendments to the
Law on Television and Radio, the Presidency announced on September 28
its recommendation to the ombudsman that he lead a working group to
review the legislation and its effect on the digitalization process.
The ombudsman accepted the offer and, on October 12, the group,
consisting of representatives of various NGOs and state bodies, held
its first meeting. At year's end, the working group had yet to issue
any recommendations for amending the legislation passed in June, and it
remained unclear when it would do so.
On September 16, the National Assembly passed amendments that
significantly increased the fees charged to broadcasters--both annual
fees for broadcasting and one-time fees for participating in a tender
for a broadcast license. According to some observers, while the amount
of the new fees was understandable considering the very low fees
broadcasters had previously paid, their rapid escalation could
nevertheless pose an insurmountable burden for smaller companies,
especially those operating in the country's regions.

Internet Freedom.--During the year there were no government
restrictions on access to the Internet or reports of suspected
government monitoring of e-mail or Internet chat conversations. During
the year there were no reported cases of the Government deliberately
blocking independent or pro-opposition Web sites, as it had done during
the 2008 state of emergency.
Internet cafes were widely available in the cities, although
Internet service provider connections were often extremely slow, thus
limiting their effectiveness. Some Internet cafes also operated outside
urban areas. According to International Telecommunication Union
statistics for 2010, approximately 7 percent of the country's
inhabitants used the Internet.

Academic Freedom and Cultural Events.--On April 16, the Ministry of
Education and Science prohibited the premiere showing of the film
Election by Tigran Paskevichian at the National Center of Aesthetic
Education. The film depicted the developments prior to and following
the disputed 2008 presidential election. In explaining the decision, a
ministry official, Arman Aivazian, referred to a provision of a
governmental decree that prohibited religious and political
organizations from conducting activities in not-for-profit
institutions. Paskevichian denied the applicability of this statute to
the movie showing and insisted his freedom of speech had been
infringed. The film was eventually broadcast on GALA Television and was
shown in small halls belonging to opposition parties.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly; however,
authorities restricted this right in practice, particularly the
assembly of individuals perceived to be political opponents.
Authorities continued arbitrarily to deny requests by opposition
parties and other groups to gather or hold rallies in originally
requested venues of Yerevan. Some groups reported lack of access to
closed venues as well.
Domestic observers perceived the current Law on Conducting
Meetings, Assemblies, Rallies, and Demonstrations and its
implementation as unfairly restricting individuals' right to assemble,
with the implementation of the law giving authorities unfettered
discretion to grant or deny permission to conduct meetings and rallies.
According to the law, organizers must notify authorities about all
planned gatherings with the exception of not mass public events (fewer
than 100 persons) and spontaneously formed events. Observers
complained, however, that these procedures were heavily regulated and
contained loopholes that permitted abuse by the authorities. For
example, although the law states that an authorized body is required to
consider the notification of a mass public event (over 100 persons)
within 72 hours of receiving it, and the organizers must be immediately
informed about a decision, the law appears to prohibit any assembly if
a decision is never made by the authorized body. Furthermore, observers
noted the criteria under which rallies may be denied are highly
subjective, as any ``justified official opinion'' of the police or the
National Security Service may be used to justify such a denial to
permit assembly or to terminate an assembly that already began.
On May 25, in a report on freedom of assembly over the period 2008-
09, the ombudsman concluded that the country's practices regarding
peaceful assembly did not correspond with applicable international
standards. The report stated that, although legislation on freedom of
assembly was largely brought into line with international standards in
2004, it still contained ambiguous provisions that resulted in
inconsistent application of the law, particularly when reviewing
notifications, which led to legal uncertainty as to when applications
could be denied. The report concluded the conduct of authorities in
many cases supported the claim they did not adequately appreciate the
importance of freedom of assembly or its utility in helping a country
resolve its national problems.
During the year authorities prevented, dispersed, or otherwise
interfered with gatherings by organizations it associated with
opposition to its policies. On at least eight occasions during the
year, authorities dispersed opposition ANC and other groups seeking to
hold small scale demonstrations in Freedom Square or rejected permit
applications by them to do so. Freedom Square reopened in May after two
years of closure for construction of an underground parking lot. The
square is particularly symbolic, as it has served as the country's
historic venue for demonstrations against sitting governments. The
square was the site of 10 days of peaceful protests following the
disputed 2008 presidential elections until security forces used force
to dislodge the protesters.
In the course of heading off one of these demonstrations, police
told the demonstration leader his group could rally anywhere in Yerevan
but Freedom Square. On at least two occasions, authorities cited other
events that purportedly had been scheduled at the same time; however,
observers noted that no notice of these events had been published. In
several instances, police efforts to prevent the demonstrations
resulted in violence, injuries, and the detention of some
demonstrators.
On May 31, a skirmish between ANC supporters and police occurred
when police stopped approximately 50 ANC supporters from entering
Freedom Square. Police forcibly detained approximately 20 demonstrators
and three journalists working for opposition newspapers. One of the
detained journalists accused the police of beating and pushing
individuals at the scene, regardless of whether they were ANC
supporters or ordinary citizens. All but three of those detained were
released within a few hours. The exceptions were journalist Ani
Gevorgian and two youth activists, Sargis Gevorgian and Davit
Kiramijian. In a written statement defending their actions, police
stated that Sargis Gevorgian and Kiramijian struck a police sergeant
and tore off his epaulettes; they provided no reason for Ani
Gevorgian's arrest. The lawyer for the three claimed that all three
were subjected to violence and suffered injuries. Ani Gevorgian and
Sargis Gevorgian were released after 72 hours but were charged with
violence towards a representative of authority. Davit Kiramijian,
charged with hooliganism, was held without bail pending police
investigation; however, he was released on July 2 following a court
order. The combined trial for Davit Kiramijian and Sargis Gevorgian
began on July 14 and, on December 28, both were convicted and given
suspended two-year prison sentences. The investigation of the separate
case against Ani Gevorgian, charged with using violence against two
police officers, was dropped on November 29.
According to official information on the investigation of criminal
cases launched in connection with the incidents occurring in and around
Freedom Square from May 26 to June 1, police actions were deemed
legitimate. The investigation found that ANC supporters had held mass
gatherings in Freedom Square without permission from the municipality,
disturbed the peace of citizens and various organizations, and insulted
and attacked police officers, resulting in injury to several officers.
The ANC denied these claims, asserting all the attempted gatherings
were peaceful, small in size, and thus not requiring advance
authorization.
In addition to preventing demonstrations in Freedom Square, police
interfered with a number of other efforts by opposition groups to
assemble peacefully during the year.
On February 19, ANC youth attempted to march in the center of
Yerevan to mark the second anniversary of the disputed 2008
presidential elections. Police pushed them out of the street and
cordoned off their rally area. Six youths were detained and released
several hours later.
On March 1, the ANC held a rally in front of the Institute of
Ancient Manuscripts. Police did not disperse the rally but reportedly
tried to limit access to roads leading into Yerevan and denied buses
entry into the capital. There were also reports police summoned ANC
supporters outside of Yerevan and tried to persuade them not to
participate in the rally. There were similar efforts by police to
prevent persons from the regions from travelling to Yerevan to
participate in other demonstrations.
On March 27, the ANC attempted to hold a town hall meeting in
Gyumri in a privately owned sports center. The landlord accepted the
rental payment, but after the meeting was announced in the press, NSS
officers reportedly visited the landlord and compelled him to cancel
the agreement. A second attempt by the ANC to hold the meeting in a
movie theater was unsuccessful after the NSS reportedly pressured the
theater owner to cancel that rental agreement.
The municipality of Yerevan rejected the application of the ``We
Are against Foreign Schools'' initiative to organize a concert on June
19 in Aznavour Square in front of the Moscow Cinema.
On July 28, according to media reports, police used force to
prevent a group of environmental activists from blocking the entrance
to the Russia-based VTB Bank in downtown Yerevan. The activists were
protesting mining, principally financed by the bank, in the country's
Teghut forest. Armen Dovlatian, chairman of the Greens Union, was
reportedly injured, while environmental activist Mariam Sukhudian was
reportedly struck.
On September 29, the Armenian Revolutionary Federation
(Dashnaktsutyun) political party , was able to hold a small rally in
the town of Ashtarak despite the refusal of local authorities to
sanction the rally and a subsequent decision of an administrative court
on September 28 upholding the refusal.
On November 9, a videotaped skirmish occurred between police and a
small number of ANC youth picketers who were protesting outside a
Yerevan hotel at the start of an EU-organized human rights seminar. The
skirmish broke out when police attempted to move the picketers forcibly
behind a cordon they erected after the youth had already begun their
peaceful picket. The police briefly detained youth activists Areg
Gevorgian, Sargis Ghazarian, Sargis Gevorgian, and Vahagn Gevorgian,
claiming that they disobeyed lawful demands, insulted and attacked a
police official, and launched a criminal case of violence against
representatives of authorities. The activists claimed policed punched
and kicked them at the police station. According to official
information, the criminal case was dropped on December 28 with the
investigation showing the youth had no intention of violating public
order. Authorities did not investigate or question the legality of the
police actions in breaking up the peaceful picket.

Freedom of Association.--The constitution provides for freedom of
association, and the Government generally respected it in practice;
however, registration requirements for all political parties,
associations, and secular and religious organizations remained
cumbersome. The law stipulates citizens have the right to form
associations, including political parties and trade unions, except for
persons serving in the armed services and law enforcement agencies.

c. Freedom of Religion.--For a description of religious freedom,
please see the Department of State's 2010 International Religious
Freedom Report at www.state.gov/g/drl//irf/rpt.

Internally Displaced Persons (IDPs).--During the country's war with
Azerbaijan over Nagorno-Karabakh, authorities evacuated approximately
65,000 households from the border region, but most IDPs later returned
to their homes or settled elsewhere. Of the remaining IDPs, almost two-
thirds could not return to their villages, which were surrounded by
Azerbaijani territory. Other IDPs chose not to return due to
socioeconomic hardship or fear of land mines. A 2005 mapping study
conducted by the Norwegian Refugee Council, together with the Migration
Agency under the Ministry of Territorial Administration, found that
8,399 IDPs resided in the country. There were no further studies to
estimate current numbers of IDPs.
During a visit to the country in September, the UN representative
on the human rights of IDPs, Walter Kaelin, cited a lack of adequate
housing and limited economic opportunities as remaining obstacles faced
by some of the country's IDPs.

Protection of Refugees.--The laws provide for granting asylum or
refugee status, and the Government has established a system for
providing protection to refugees.
The law on refugees and asylum adopted in 2009 incorporated the
basic principles of refugee protection established by the 1951
Convention relating to the Status of Refugees, bringing most aspects of
the admission and treatment of asylum seekers and refugees into
conformity with international standards, ensuring respect for the right
to asylum, and addressing national security concerns. Since its
adoption, the Government, in consultation with the UNHCR, has issued
nine by-laws setting up procedural standards for the implementation of
the law.
In practice authorities provided protection against the expulsion
or return of refugees to a country where their lives or freedom would
be threatened on account of their race, religion, nationality,
membership in a particular social group, or political opinion.
Authorities also provided temporary protection during the year.
According to the Migration Service, 50 persons applied for asylum
during the year. During the year the Government granted asylum and
refugee status to 14 persons.
There was an established procedure for granting asylum that
included amnesty for the illegal entry of an asylum seeker and access
to the territory for individuals seeking asylum. Asylum seekers
experienced prolonged delays at the airport's international zone while
waiting for their asylum application to be registered. Asylum seekers
who were serving sentences for illegal entry were generally not
released immediately following the registration of their asylum
applications and were required to serve the remainder of their
sentences.
The UNHCR reported at least one case of extradition of a person who
contacted the UN expressing a clear wish to claim asylum. The UNHCR had
immediately passed the information to the relevant state authorities;
however, the person was extradited despite the efforts of the State
Migration Service and the UNHCR to prevent it. In its September
statement, the UN Human Rights Council's Working Group on Arbitrary
Detention noted its concerns that asylum seekers not be turned away at
the border or after detention without an opportunity to claim asylum in
accordance with internationally accepted procedures.
Due to a lack of institutional capacity, the authorities often
struggled to integrate asylum seekers into society once they were
granted permanent residency status. Temporary housing for refugees and
asylum seekers was often inadequate in supply and in poor condition.
Refugees faced the same social and economic hardships that confronted
the general population.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
Although the law provides citizens with the right to change their
government peacefully, that right was restricted in practice due to
repeated, significant flaws in the conduct of elections.

Elections and Political Participation.--On January 10, three
candidates competed in a by-election to fill the seat formerly held by
a government opponent, Khachatur Sukiasian, who in September 2009
relinquished his seat in protest against the parliament's stripping of
his parliamentary immunity as well as the immunity of three other
members who supported the presidential campaign of opposition leader
Levon Ter-Petrossian in the 2008 presidential elections. One of the
candidates for the seat included prominent jailed oppositionist Nikol
Pashinian, who remained incarcerated at year's end on charges related
to the 2008 postelection unrest.
In December 2009 four youth activists were accosted and beaten by
more than 20 assailants in downtown Yerevan while distributing
election-related materials on behalf of Pashinian's campaign in the by-
election. The police launched a criminal case and charged Vahan
Nadarian and David Simonian, reportedly progovernment loyalists, with
provoking the incident. Opposition officials alleged that supporters of
the ruling RPA carried out the attack, but Simonian denied the
allegations. Charges against Nadarian were later dropped due to lack of
evidence, while Simonian was charged with infliction of willful slight
damage to health and battery and, on April 2, was convicted and fined
150,000 drams ($345).
The by-election was marred by numerous reports of irregularities,
including intimidation of voters; verbal and physical threats directed
at journalists, observers, and candidate proxies; ballot stuffing; and
the unregulated presence in polling places of nonvoting individuals
sympathetic to the progovernment National Unity Party candidate. In
some instances, these individuals, rather than electoral commission
members, appeared to be managing the electoral process.
On election day, Petros Makeyan, a campaign manager for Nikol
Pashinian, and two companions were hospitalized after being beaten
outside a polling station. Authorities launched a criminal case, but
the case was subsequently dropped.
According to HCAV, a domestic organization that observed the
election, the chairperson of polling station number 10/19, after
receiving complaints about election violations, forcibly evicted those
who had complained and closed the polling station for over an hour.
During the station's closure, the voters' lists disappeared temporarily
until the chairperson returned them, removing them from his jacket.
During the day, some voters arriving at the polling station discovered
that somebody had already voted under their names. The election
commission refused to discuss the numerous complaints lodged with it
over its administration of the voting. The results at this and one
other polling station were later invalidated.
In its findings, HCAV said it observed open voting in 10 polling
stations; directed voting and campaigning in 18 stations; and
intimidation, threats, and restriction of rights of proxies, observers,
and reporters in eight polling stations. Voting in the by-election was
conducted in 34 polling stations in Yerevan's Kentron District.
The by-election produced a very low turnout with numerous observers
attributing this circumstance to growing public apathy about politics
and distrust of the flawed electoral processes. An estimated 23 percent
of approximately 56,000 eligible voters cast their ballots. In 2007
voter turnout in the same parliamentary district was 53 percent.
Women's participation in political and public life, especially in
decision-making bodies, remained low. There were 11 women in the 131-
seat National Assembly, two in the cabinet, and no female governors.
Only five of the incoming 52 Yerevan City Council members were women,
and no women headed any of Yerevan's 12 administrative districts. The
ombudsman's annual report, released in March, pointed out the
inadequate participation of women in the country's political life. The
election code stipulates that at least every 10th person on each party
list submitted for parliamentary elections should be a woman, and at
least 15 percent of the individuals submitted in parties' final lists
should be women. Although many observers considered the quota
insufficient, the final seat allocation for women was often lower than
that mandated in the electoral code. For example, only two of the 63
members of parliament representing the ruling RPA were women.
Section 4. Official Corruption and Government Transparency
Corruption remained a problem, with authorities taking limited
preventive or punitive measures against it. While the law provides
criminal penalties for official corruption, the Government did not
implement the law effectively or evenly, and officials frequently
engaged in corrupt practices with impunity. Although two high level
officials were arrested in February for taking bribes and the minister
of agriculture received a public reprimand in March for misuse of
government funds, no concrete actions were taken to address the
systemic corruption in government.
The World Bank's Worldwide Governance Indicators also reflected
that corruption continued to be a serious problem. Civic groups working
to address corruption stated authorities continued to ignore media
reports implicating government officials in corrupt practices.
Beginning in January 2009, all public officials and their family
members, as well as citizens with annual incomes exceeding eight
million drams (approximately $21,000), were subject to financial
disclosure laws, according to which they had to file their asset
declarations no later than April 15; however, it was unclear to what
extent officials and individuals with high incomes complied. According
to domestic observers, tax authorities lacked the capacity and
resources to verify the reliability of asset declarations.
Government programs to curb chronic corruption continued to produce
few tangible results. The activities of the Governmental Anticorruption
Strategy Monitoring Commission and Anticorruption Council continued to
be viewed with skepticism. In 2009 the Government approved a 2009-12
anticorruption strategy following two years of development and six
months of wide-ranging discussions in Yerevan and the regions and the
posting of the strategy on the Government's Web site; however, the
Government failed to fund implementation of the strategy and devoted no
money for anticorruption efforts.
On January 22, President Sargsian told the Control Chamber (an
official auditing body that monitors government budgetary activity) it
must work more closely with law enforcement authorities and press
harder for the prosecution of state officials suspected of embezzling
public funds and engaging in corrupt practices. Sargsian acknowledged
the lack of prosecutions of government officials on corruption charges
undermined public trust. Ishkhan Zakarian, head of the Control Chamber,
reported the chamber had inspected all ministries and government
agencies in 2009 and reported 21 cases of embezzlement to state
prosecutors.
On February 18, the Prosecutor General's Office accused Tigran
Grigorian, head of the Ministry of Nature Protection's State Ecological
Inspectorate office, and his deputy, Arsen Petrosian, of accepting five
million drams (approximately $13,000) in bribes from a mining company
to reduce the company's fines for violations of environmental safety
rules. On August 6, the court sentenced Grigorian to seven years in
prison, and Petrosian to 10 years' imprisonment, on charges of
accepting a bribe.
On March 4, during a cabinet meeting, Prime Minister Sargsian
publicly reprimanded the agriculture minister for misuse of government
funds. The Control Chamber discovered the Agriculture Ministry had
purchased cattle medication for farmers from a private supplier at
grossly inflated prices. Sargsian asked the state body overseeing the
civil service to dismiss the two senior Ministry of Agriculture
officials in charge of procurement.
On March 26, newspapers reported allegations that Hovhannes
Hovsepian, head of the Control Service under the Presidency, arranged
for relatives to be appointed to government positions. One sister was
appointed as head of a state medical college while another sister was
appointed head of a maternity hospital. Hovsepian also allegedly
arranged for his brother-in-law to be appointed deputy head of a
department of the real estate registration agency.
On December 27, a criminal case was launched against Alvaro
Antonian, the head of the Seismic Protection Service, for allegedly
misappropriating three million drams ($8,000) in a French government-
sponsored assistance program to establish a network of seismic stations
in the country.
On May 5, the Office of the Prosecutor filed a criminal case
against Areg Hayrapetian, head of the legal and inspection department
of the Ministry of Culture, for abuse of office. Hayrapetian allegedly
arranged for the ministry to pay 19,600,000 drams ($53,000) to a
private insurance company which he owned for services that were never
provided.
While the constitution prohibits individuals with active business
interests from holding public office, the authorities continued to
ignore the prohibition in practice and ignored violations. Prominent
businessmen continued to occupy seats in parliament, while various
government officials reportedly continued to use their offices to
promote their private business interests.
On February 9, newspapers published a photograph of a large manor
alleged to be the home of Minister of Nature Protection Aram
Harutyunian. One article alleged that the minister owned three gas
stations, a hotel-restaurant complex, and an asphalt factory. On March
4, another newspaper reported that member of parliament Hrant Grigorian
allegedly declared an annual income of 190,000,000 drams ($512,000) in
addition to his government salary of 311,000 drams ($840) per month.
The newspaper said it had discovered that Grigorian owned a private
transportation company, a gas station, a hotel complex, a restaurant,
and a store.
Corruption remained a significant problem in the police and
security forces. In spite of efforts further to reduce bribe taking by
traffic police, citizens continued to report being solicited to pay
bribes, although less frequently than in previous years. Citizens also
reported police officers solicited bribes to drop criminal cases or
reduce penalties. Corruption in prisons continued to be a problem,
exacerbated by low salaries and poor and sometimes dangerous working
conditions for prison employees. In certain facilities, prisoners
bribed officials to obtain single occupancy cells and additional
comforts. There were unverified reports prison officials charged
unofficial fees to family members and friends seeking to deliver meals
to inmates.
There were widespread reports about corruption in the Medical-
Social Expertise Commission (MSEC) under the Ministry of Labor and
Social Affairs, the body that determines a person's disability status
(see section 6).
During the year the Control Chamber published similar findings on
gross violations and financial abuse in numerous state bodies; as in
previous years, however, these cases were rarely prosecuted.
According to official statistics, various law-enforcement bodies
launched 420 corruption-related cases during year. During the year the
courts convicted 159 persons, including 79 officials. The majority of
officials investigated or convicted were section heads or other low-
level officials.
While the law provides for public access to government information,
in practice many government bodies and officials were reluctant to
provide such access. As of year's end, the Government had not adopted
the regulations on the collection and provision of information that
were required by, and supplementary to, the 2003 Freedom of Information
Law. Officials cited the absence of these regulations when refusing to
provide information. NGOs were more successful in gaining access to
information through the courts than obtaining it directly from
government agencies.
In 2008 the Freedom of Information Center published the results of
a survey on journalists' access to information, which reported
difficulty accessing official information remained a serious problem.
The survey claimed the main obstacle to obtaining official information
was the mentality of officials who viewed information at their disposal
as their private property. Other obstacles included the absence of
formal procedures for storing and providing information as well as the
low level of awareness among journalists of their rights.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restrictions, freely
investigating and publishing their findings on human rights cases.
During the year independent domestic human rights organizations and
domestic affiliates of international organizations operated in the
country. Authorities generally did not deny requests to meet with
domestic NGO monitors and followed some NGO recommendations,
particularly those related to social welfare, education, and local
matters. Authorities were usually unresponsive, however, to NGO
allegations of mistreatment and abuse committed by law enforcement
bodies. Authorities' general response in such instances was that they
had investigated the allegations but could not corroborate them.
On August 5, without any prior consultations with interested
parties, the Government adopted a highly controversial decree
establishing an oversight body under the Ministry of Justice to watch
over the ``legality'' of activities of nonprofit organizations. The
stated objectives of the new body were to provide for the compliance of
nonprofit organizations with domestic legislation, to reveal cases of
their violating the law, and to increase the transparency of their
finances. The decree gives broad authorities to the new oversight body,
which, among other powers, will be able to inspect NGOs and demand they
be suspended or closed without providing a mechanism for appeal. NGOs
criticized the decree as unconstitutional and the oversight body as a
means for establishing complete governmental control over civil society
organizations. According to NGOs, the creation of the oversight body
followed failed attempts by the Government in 2009 to push similarly
restrictive legislation through the National Assembly.
On March 11, the prosecutor's office announced that charges against
Mariam Sukhudian, a young environmental activist, had been dropped. In
August 2009 police charged Sukhudian with falsely reporting a crime
after she publicly reported instances of sexual and other abuse at a
state-run boarding school for children with special needs in 2008. The
charges were downgraded to slander in October 2009. The defendant and
domestic human rights monitors criticized the charges as retaliation
for Sukhudian's bringing the abuses to light.
On February 5, the court acquitted Arshaluis Hakobian of the
domestic Helsinki Association NGO, who was on trial for assaulting
police officers, after the prosecution withdrew all charges for lack of
evidence. Police arrested Hakobian in June 2009, claiming he had
assaulted police officers while they were summoning him to appear at
SIS in connection with an official complaint of electoral fraud that
Hakobian filed after the May 2009 municipal elections. According to
Hakobian, police officers beat him on the way to and at the police
station and denied him access to a lawyer during the initial hours of
his detention. CSMB members visited Hakobian in prison and reported
numerous injuries on his legs, hands, back, and head.
There were no developments in the investigation of the assaults
against youth activists Arsen Kharatian and Narek Hovakimian in 2008.
There was a human rights defender (ombudsman) with a mandate to
protect human rights and fundamental freedoms from abuse by the
national, regional, and local governments and their officials. During
the year the ombudsman issued both regular and unscheduled reports on
human rights problems. The law requires the ombudsman to present an
annual report to the National Assembly during the first quarter of
every year, but parliament did not schedule its hearing on the
ombudsman's 2009 annual report until November 15. The Government has
generally been unresponsive to the ombudsman's reports; it never
answered the questions raised in the ombudsman's 2008 report on that
year's postelection violence, choosing to criticize the report instead.
During the year the Ombudsman's Office received 4,089 complaints from
5,221 citizens; it resolved 123 of these complaints with 562 persons
reportedly receiving redress for their grievances.
In September 2009 the ad hoc parliamentary commission set up to
investigate the postelection disturbances of 2008 reported that it was
unable to shed more light on the 10 deaths that occurred and urged law
enforcement authorities to do more to identify and prosecute those
responsible. In June 2009 President Sargsian disbanded the bipartisan
fact-finding group of experts he established to assist the commission
in its inquiry. According to domestic observers, the disbanding of the
fact-finding group was connected to the leaking of sensitive reports
that assigned culpability to authorities for some of the 10 deaths.
In December 2009 the PACE Monitoring Committee criticized the
commission's self-censorship for not sufficiently challenging the
official version of events. It also deplored the report's one-sided
description of events and lack of discussion of the postelection arrest
and prosecution of a large number of opposition supporters.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, disability, language, or social status; however, the Government
did not effectively enforce these prohibitions in practice.

Women.--Rape is a criminal offense and carries a maximum penalty of
15 years' imprisonment. There are no explicit laws criminalizing
marital rape. According to police information cited by the Prosecutor
General's Office, nine cases of rape and attempted rape were registered
in the country during the year. In connection with these cases, nine
individuals were prosecuted, seven were convicted, and two cases were
still under investigation. According to official information, none of
these reported cases constituted marital rape. Crimes such as rape
continued to be underreported due to the social stigma attached to
them.
There is no law against domestic violence. Few cases of spousal
abuse or other violence against women were reported during the year,
although such violence was believed to be widespread, a belief
supported by a study released by the UN Population Fund (UNFPA) in
July. That study, conducted during 2008 and 2009 with the cooperation
of the National Statistical Service, indicated that partners had
subjected 61 percent of women to controlling behavior, 25 percent to
psychological violence or abuse, 8.9 percent to physical violence, and
3.3 percent to sexual violence. Perpetrators other than husbands and
other intimate partners subjected 2.3 percent of women to physical
violence and 0.1 percent to forced sex. The survey revealed that 7.4
percent of women gave up or refused a job because their partner did not
want them to work; 8.7 percent said their partners had taken their
earnings or savings against their will; and 60.9 percent of women who
had a partner during their lifetime were unemployed. The survey also
showed that violence against women had an adverse effect on women's
health and their social, mental, physical, and economic well-being.
Local experts indicated the survey findings did not reflect the
full scope of domestic violence, since the household survey was not
anonymous.
On October 4, the Armavir Development Center, a domestic NGO,
presented the results of an anonymous survey it had conducted among 300
women in the Armavir Region in November and December 2009. According to
the findings, 68 percent of women interviewed admitted being subjected
to psychological abuse (42 percent of these women indicated the abuse
occurred either often or sometimes); and 38 percent of women
interviewed admitted being subjected to physical abuse (21 percent
indicating often or sometimes). According to the findings, 76 percent
of those who were subjected to physical violence did not ask for help,
but those who did applied to family or neighbors. The survey revealed a
connection between the level of education and location (for example,
rural versus urban), with more educated, urban-dwelling women
considering psychological abuse or physical violence inflicted by
spouses to be unacceptable.
In another anonymous 2007 survey commissioned by the domestic
Women's Rights Center NGO, 66 percent of respondents acknowledged that
family members had subjected them to psychological abuse, and 39
percent considered themselves victims of either moderate or severe
physical abuse.
According to domestic observers, most cases of domestic violence
continued to go unreported because victims were afraid of physical
harm, were apprehensive that police would return them to their
husbands, or were ashamed to disclose their family problems.
On October 1, police launched an investigation into the death of
20-year-old Zaruhi Petrosian, a resident of the town of Masis, who was
hospitalized late on September 30 with a brain hematoma, a broken
finger, and bruises on her body. The police subsequently arrested Yanis
Sargisov, Petrosian's common law husband, on charges of willful heavy
damage to health leading to death by negligence. The criminal
investigation was later transferred to the investigation department of
the Ministry of Defense in light of Sargisov's service in the armed
forces. According to Hasmik Petrosian, Zaruhi Petrosian's sister,
Zaruhi had long been physically abused by her husband and mother-in-
law. Officials stated the investigation could not corroborate abuse by
the mother-in-law. At year's end, the investigation of Sargisov
continued while he remained in custody. Petrosian's child remained in
an orphanage while the mother-in-law and Petrosian's sister both
claimed custody of the child.
In March the domestic Women's Resource Center Armenia (WRCA) NGO
launched a public awareness campaign to advertise its Sexual Assault
Crisis Center and help hotline. The Yerevan municipality eventually
rejected the organization's application to advertise the center on
large commercial billboards, on the grounds that the billboard graphics
would place unnecessary psychological stress on teenagers and women.
The municipality then took steps to remove all WRCA's advertising. The
WRCA asserted that, by limiting the billboards to providing only the
help hotline number, the municipality reduced the effect of its
advocacy against sexual assault of women.
There were two NGO-operated shelters, in Yerevan and Gyumri,
offering victims of domestic violence refuge and other assistance,
including psychological and legal counseling. The NGO running the
Yerevan shelter also operated a hotline. Both shelter operations
depended upon private donors; the Government did not provide them
funding.
Referring to data analyzed by the Police Information Center, the
Prosecutor General's Office reported 392 cases of domestic violence
were registered in the country during the year, which included not only
spousal abuse but also violence perpetrated by any family member. These
included 229 cases of battery; 104 cases of infliction of willful light
damage to health; 25 cases of threats to murder, to inflict heavy
damage to one's health, or to destroy property; 22 cases of infliction
of willful medium damage to health; six cases of infliction of heavy
damage to health, two of which led to the death of the victim; one case
of torture; and five murders or attempted murders.
The law does not specifically prohibit sexual harassment, although
it addresses lewd acts and indecent behavior. While there was no public
data on the extent of the problem, observers believed sexual harassment
directed against women in the workplace to be widespread.
According to law, couples and individuals have the right to decide
freely and responsibly the number, spacing, and timing of their
children, and to have the information and means to do so free from
discrimination, coercion, and violence. However, in practice especially
in more traditional families, such decisions were often made by the
male spouse and his parents. Access to and information about
contraception was low, especially in rural areas. Skilled attendance
during childbirth was more accessible in large towns and other
population centers. Women were diagnosed and treated for sexually
transmitted infections, including HIV, equally with men. According to
data compiled by international organizations, in 2008 there were
approximately 29 maternal deaths per 100,000 live births. The
publication Maternal Mortality in 2005: Estimates developed by WHO,
UNICEF, UNFPA and the World Bank estimated the lifetime risk of
maternal death, the probability that a woman will die of pregnancy-
related causes, to be one in 980.
There were reports that women, especially those in rural or remote
areas, faced insufficient access to adequate general and reproductive
health-care services. Observers noted various efforts made to improve
reproductive health care had not been effective.
International and local observers recommended during the year that
the Government continue to take measures to improve women's access to
health care in general, and to reproductive health-care services in
particular. During the year observers called on authorities to increase
efforts to improve the availability of sexual and reproductive health
services (including family planning), to mobilize resources for that
purpose, and to monitor actual access to those services by women.
Further recommendations were made that the Government widely promote
family planning and reproductive health education for girls and boys,
with special attention to prevention of pregnancies of underage girls,
sexually transmitted diseases, and HIV/AIDS.
Men and women enjoy equal legal status; however, gender and age
discrimination were continuing problems in the public and private
sectors. Women generally did not enjoy the same professional
opportunities or wages as men and often were relegated to more menial
or low-paying jobs. Women remained underrepresented in leadership
positions in all branches of government--national, regional, and local.

Children.--Citizenship is derived from one's parents. Observers
indicated that parents, particularly the poorest and most socially
disadvantaged, were unable to register their children at birth, thereby
potentially depriving them of essential social services and increasing
their children's vulnerability. However, during the year international
donors continued to work with authorities to address the situation.
Severe disparities remained in preschool, primary, and secondary
education based on gender, geographic region, and income. Despite
generally equitable access, substantial inequities existed in the
quality of education between affluent and poorer households and between
urban and rural areas. More affluent households and households from
urban areas had greater access to better education, training, and
complementary school programs than did poor and rural households. The
number of dropouts after basic education remained substantial,
especially among impoverished students.
Free basic health care was equally available to boys and girls
through the age of 18 but often was of poor quality, and officials
often required overt or concealed payment for services.
In April and May, the domestic branch of the international NGO Save
the Children conducted an assessment of child abuse in the regions of
Tavush, Lori, and Gegharkunik. According to the assessment, children in
those regions were subjected to abuse from numerous sources. The most
common forms of abuse included domestic physical and psychological
abuse and neglect, particularly the failure to provide adequate food,
clothing, and shelter. Children reported that outside the home they had
also been subjected to physical and psychological abuse in
institutions, schools, and occasionally on the streets. According to
the assessment, parents also exploited their children economically by
forcing them to work. The assessment revealed children were unaware of
their rights and responsibilities, and this lack of awareness appeared
to make violence against children socially acceptable.
The law prohibits sexual exploitation of children through
antitrafficking statutes. These envisage punishment for trafficking of
children from seven to 15 years imprisonment, depending on aggravating
circumstances (see the Department of State's annual Trafficking in
Persons Report at www.state.gov/g/tip).
Statutory rape, defined in the law as sexual acts with a person
less than 16 years of age, is punishable with a fine and imprisonment
up to two years. Since the punishment for statutory rape is not
categorized as grave, sexual solicitations and similar actions directed
at minors and failure to report statutory rape are not criminalized.
According to domestic observers, the criminal code does not provide the
necessary legal framework for adequately assessing and prosecuting
sexual crimes involving children.
Child pornography is punishable by imprisonment for up to six
years.
There were some reports of abuse of children in institutions. On
November 30, a court sentenced Smbat Urumian to nine years'
imprisonment for trafficking children. Urumian, a former deputy
director of a special school for children who exhibit socially
dangerous behavior, was found guilty of forcing three of the students
of the special school into beggary. The court meanwhile cleared Urumian
of the child molestation charges he also faced.
On January 11, the Prosecutor General's Office began a criminal
investigation of allegations of sexual and physical abuse of female
students by a teacher at Special School No. 11 for children with
special needs. This action reversed the office's August 2009
determination the allegations were unsubstantiated. A group of youth
activists who served as volunteers at the school raised the initial
alarm of abuse in 2008. On May 24, the trial court convicted former
teacher Levon Avakian, who admitted his guilt, to two years in prison.
On May 31, the Ministry of Education and Science dismissed the
principal, MeruzhanYengibarian, citing lack of trust in his capacity to
head the school. The youth activists considered the teacher's
punishment to be too lenient and called for further investigation into
the role played by the principal and other teachers, who were
reportedly aware of but did not prevent the abuse. On August 4,
following an appeal by the victims, the court of appeals increased
Avakian's sentence to three years.
On March 12, following the developments related to Special School
No. 11 and in response to significant pressure from civil society and
the international community, the Ministry of Education and Science
established a public group for monitoring special schools and
residential facilities, whose composition included approximately 18
NGOs.
A 2009 study by the domestic NGO Armenian Helsinki Committee
monitored 12 special education schools and four boarding institutions.
Many children indicated that, among other forms of punishment, they had
been slapped or beaten, shut in a classroom, or prevented from going
home. Some teachers admitted resorting to violence for discipline. The
study also noted that most institutions lacked proper central heating,
and that sanitary and hygiene conditions were substandard. In a study
of 12 general education schools in the Syunik Region during the same
period, the NGO found that physical or psychological violence,
including beating, slapping, pulling ears, and other degrading
treatment were used regularly as punishment. Treatment of students at
schools was unequal and depended on teachers' relations with students,
whether students pursued private classes with a teacher, and whether
students had influential parents. The results of studies in 2007 and
2008 by the same organization were substantively the same.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--The size of the country's Jewish population was
estimated at between 500 and 1,000 persons. There were no reports of
anti-Semitic violence during the year.On October 19, the Hebrew side of
the Joint Tragedies Memorial, erected in downtown Yerevan in 2006, was
vandalized. Brown paint was poured over the memorial and ``Death to the
Jew'' was stenciled on the memorial along with a swastika.
Representatives of the Jewish community denied the presence of anti-
Semitic sentiments in the country and labeled the incident
``hooliganism,'' possibly caused by foreigners. The Jewish community
praised the immediate reaction by the presidential administration,
which called into action local authorities and law enforcement. The
city administration removed the signs of vandalism by the next morning,
and police launched an investigation. On October 21, the president's
press secretary and the Armenian Church made separate statements
condemning the desecration of the memorial.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, and the provision of other state services; however,
discrimination remained a problem. The law and a special government
decree provide for accessibility to buildings, including schools, for
persons with disabilities, but in practice very few buildings and other
facilities were accessible to these persons. The Ministry of Labor and
Social Affairs is responsible for protecting the rights of persons with
disabilities but failed to do so effectively.
In spite of the large number of officially registered persons with
disabilities in the country, disabled persons are seldom seen outside
the home due to the social stigma associated with disabilities. In
extreme cases the social stigma sometimes prompts families to hide
their disabled children completely from public view, depriving them in
the process from access to education and integration into society.
Persons with all types of disabilities experienced problems in
virtually all spheres of life, including health care, social and
psychological rehabilitation, education, transportation, communication,
access to employment, and social protection. Access to information and
communications was a particularly significant problem for persons with
sensory disabilities. Hospitals, residential care, and other facilities
for persons with serious disabilities remained substandard. According
to official data, more than 90 percent of persons with disabilities who
were able to work were unemployed.
In its monitoring of mental health facilities in the Syunik and
Shirak regions during 2009, the domestic NGO Helsinki Citizens Assembly
of Vanadzor (HCAV) reported numerous deficiencies, including poor
hygienic conditions, poor nutrition, inappropriate buildings, outdated
and ineffective medications, lack of professionally trained staff,
instances of physical violence, and use of patient labor in health
facilities. HCAV expressed the view that the entire operation of mental
health facilities was deficient. It noted the absence of a state policy
on mental health, the lack of appropriate legislation for the proper
implementation of legislation regulating the work of psychological
clinics, the lack of standards and norms for staff conduct, and
insufficient funding of facilities.
In a May 10 letter to the Ministry of Health, the ombudsman called
attention to violations his office discovered in the Nubarashen
Psychological Clinic during an April 13 visit. The ombudsman's staff
encountered a number of patients who were being kept involuntarily in
the clinic after the conclusion of their treatment under the pretext
that their ``relatives would not come for them.'' The ombudsman noted
this was unacceptable. The ombudsman highlighted other inappropriate
practices including denying pretrial detainees, who were in the clinic
for psychological evaluations, the right to recreational walks and
telephone use. The ombudsman called on the ministry to conduct an
internal investigation to address these problems. The ministry
responded to the ombudsman's letter by creating on May 25 a special
commission to review the problems. The commission confirmed some of the
findings and reported the clinic would resolve those problems,
including by purchasing new bedding and ensuring that pretrial
detainees had walking space. In reference to the patients who were kept
involuntarily, the ministry responded that those were legally incapable
persons who were undergoing treatment based on the request of their
legal representatives.
There were widespread reports about corruption and arbitrary
rulings in the body that determines a person's disability status, the
Medical-Social Expertise Commission (MSEC) under the Ministry of Labor
and Social Affairs. On May 3, the ombudsman informed the head of the
commission by letter the number of complaints his office received about
the arbitrary decisions of MSEC continued to grow annually. Citizens
complained to the ombudsman that MSEC would arbitrarily deprive them of
disability status despite their worsening health condition. According
to the letter, the ombudsman's office had never managed to achieve
redress for any of the grievances against the commission, which,
according to the ombudsman, placed it alongside police in terms of
unanswered complaints.
In 2008 an online news agency published a HCAV survey of patients
at the Vanadzor Neurological and Psychiatric Clinic. Patients reported
physical abuse, torture, and abusive narcotic sedation by clinic
personnel and medical staff. Patients also complained of deprivation of
privileges and insufficient food.
According to the domestic NGO Unison, which monitored the May 2009
Yerevan municipal elections, many persons with physical disabilities
did not have access to the polls during the vote, and very few
participated in the vote.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Societal attitudes towards
homosexuality remained highly unfavorable, with society generally
viewing homosexuality as an affliction.
Persons who were openly gay were exempted from military service,
purportedly because of concern they would be abused by fellow
servicemen. However, the actual exemption required a medical finding
via psychological examination that gays possessed a mental disorder,
which was stamped in their documents and could affect their future.
According to human rights activists, lesbians, gays, bisexuals, and
transgender persons experienced some of the most humiliating
discrimination in prisons, where they were forced to do some of the
most degrading jobs and separated from the rest of the prison
population.
Societal discrimination based on sexual orientation continued to be
a problem with respect to employment, family relations, and access to
education and health care for sexual minorities.
In an interview with the Iravunk biweekly that appeared in the
newspaper's December 24 to 27 edition, Artur Baghdasarian, secretary of
the National Security Council that advises the president on national
security matters, answered a question on homosexuality stating that,
``Such conduct does not fit in with our society. Family and Armenian
traditions prevail for people who were the first to adopt Christianity.
Those unnatural things are unacceptable to us. I am against limitations
of human rights in general. However, I consider homosexuality is
extremely dangerous for Armenia.''
In an interview in the Hraparak daily on December 6, National
Police Chief Alik Sargsyan answered a question on the gathering of
homosexuals in one of Yerevan's central parks, stating that, ``We try
to take them to such a place where they won't be seen, but they like to
appear in public. We do not practice any violent measures, do not
violate human rights, it is their business, but in our city, it is not
appropriate for people.I cannot bear them physically.''

Other Societal Violence or Discrimination.--There were no reports
during the year of acts of societal violence or discrimination against
persons with HIV/AIDS.
Many employers reportedly discriminated against potential employees
by age, most commonly requiring job applicants to be between the ages
of 18 and 30. While this discrimination appeared to be widespread,
authorities did not take any action to mitigate it. After the age of
40, workers, particularly women, continued to have little chance of
finding jobs appropriate to their education or skills.
Section 7. Worker Rights

a. The Right of Association.--The law allows workers, except those
serving in the armed forces and law enforcement agencies, to form and
to join independent unions of their choice without previous
authorization or excessive requirements. However, in practice most
workers were unable to exercise this right. Labor organizations
remained weak because of employer resistance, high unemployment, and
poor economic conditions. The Confederation of Labor Unions (CLU)
estimated that, as of February, approximately 250,000 workers, or an
estimated 21 percent of the workforce, were members of 27 trade unions.
There were additional labor unions that did not belong to the CLU.
Labor unions were generally inactive with the exception of those
connected with the mining industry.
The law allows unions to conduct their activities without
government interference. The law also provides for the right to strike
except for members of the armed forces and law enforcement agencies,
but workers rarely went on strike due to the fear of losing their jobs.
While the law prohibits retaliation against strikers, it occurred
periodically.
Employees of the Kapan Gold Mining Company, a major mining company
in the South, held a large scale strike in January to demand an
increase in wages and bonuses as well as improvement in working
conditions. As the strike was not sanctioned by the workers' local
union, company management found it to be in violation of domestic labor
legislation and dismissed approximately 50 workers, mainly those most
active in staging the strike. Many were subsequently reinstated, and
the dispute was settled after negotiations with the company's
management and the regional governor, with mutual concessions by the
involved parties.

b. The Right to Organize and Bargain Collectively.--Although the
law provides for collective bargaining, in practice it was practically
nonexistent.
There were no specific reports of antiunion discrimination.
However, reportedly some mining enterprises, including some financed by
foreign investors, discouraged employees from joining labor unions with
the implied threat of loss of employment.
There were no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced and compulsory labor, including by children; however, there were
reports that women and girls were trafficked for commercial sexual
exploitation and labor, and that men were trafficked for labor
exploitation in the construction sector. A small number of girls and
boys were trafficked internally for commercial sexual exploitation and
forced begging, respectively. Also see the Department of State's annual
Trafficking in Persons Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in
the workplace. The minimum age for employment is 16 years old, but
children may work from the age of 14 with permission of a parent or a
guardian. Persons who are under 18 years old are prohibited from
working overtime, in harmful and dangerous conditions, at night, or on
holidays; nevertheless, authorities responsible for compliance with
child labor law failed to implement the law in practice.
According to observers, many children, especially in rural regions,
were involved in family businesses, mainly in agriculture. Observers
also reported seeing children in Yerevan selling flowers and drawings
and working in local markets after school hours. Children also worked
in trade, construction, and car services, operated vehicles, and
gathered waste metal and bottles. According to a 2008 study by the UN
Children's Fund on child labor, less than 5 percent of children between
seven and 18 years old had paying jobs, not counting those involved in
family farms or businesses. The survey also found almost one-third of
working children were below the legal working age, almost all children
worked without legal contracts, and some children were employed in
heavy manual work as laborers and loaders.

e. Acceptable Conditions of Work.--The monthly minimum wage of
30,000 drams ($80) did not provide a decent standard of living for a
worker and family.
The law provides for a 40-hour workweek, 28 days of mandatory
annual leave, and compensation for overtime and nighttime work. In
practice the authorities did not effectively enforce these standards.
Many private sector employees were unable to obtain paid leave and were
required to work more than eight hours a day without compensation.
According to representatives of some employment agencies, many
employers also continued to hire employees for a ``probationary''
period of 10 to 30 days, during which they were not paid. Often these
employees were subsequently dismissed and unable to claim payment for
the time they worked because their initial employment was undocumented.
Occupational and health standards are established by government
decrees. The State Labor Inspectorate responsible for enforcing these
standards did not always do so effectively. During the year the State
Labor Inspectorate reportedly made little progress toward implementing
an inspection regime or enforcing the labor code, and its work was
reportedly undermined by corruption.
Workers had the right to remove themselves from work situations
that endangered their health and safety, but they were unlikely to do
so because such an action could jeopardize their employment. Work
safety and health conditions remained substandard in numerous sectors,
and there was one fatal workplace incident during the year.
On February 23, 18-year-old construction worker Arman Gasparian was
killed as a result of a crane jib collapse at a construction site in
Yerevan. The crane jib collapsed when the crane operator attempted to
extricate a cement truck stuck in the ground at the construction site.
On July 22, the crane operator was found guilty on charges of causing
death by negligence, and was given a two-year suspended prison
sentence.

__________

AUSTRIA

Austria is a parliamentary democracy with constitutional power
shared between a popularly elected president and a bicameral parliament
(Federal Assembly). The country's eight million citizens choose their
government representatives in periodic, free, and fair multiparty
elections. In 2008 voters elected members of the national parliament.
Security forces reported to civilian authorities.
During the year there were some reports of excessive use of force
by police and societal discrimination against Muslims and members of
unrecognized religious groups, particularly those considered ``sects.''
Incidents of violence against women, child abuse, and trafficking in
women and children for prostitution and labor were also reported. There
were reports of anti-Semitic incidents, including physical attacks,
taunting, graffiti and defacement, Internet postings, property damage,
and vilifying and threatening letters and telephone calls. Isolated
incidents of neo-Nazi and right-wing extremism and xenophobia directed
toward members of minority groups occurred.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
On March 12, a Lower Austrian court found a police officer guilty
of negligence causing bodily harm in the August 2009 shooting death of
a 14-year-old burglary suspect. The officer was given an eight-month
suspended prison term.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, there were
isolated reports that police beat and abused persons.
On March 11, the Council of Europe's Committee for the Prevention
of Torture (CPT) released the report on its February 2009 delegation
visit to the country. The CPT delegation reported receiving a number of
allegations of excessive use of force at the time of apprehension. The
delegation also received a number of allegations, in particular from
juveniles, of physical mistreatment or verbal abuse during police
questioning. The report noted that in two cases police officers
allegedly also threatened to inflict pain on juveniles if they did not
confess to a particular criminal offense.
On February 11, a U.S. citizen working in Vienna was injured when
police arrested him after reportedly confusing him with a drug dealer.
Police rejected accusations of excessive use of force and stated that
physical force was used only when the subject resisted arrest. The
Prosecutor's Office filed charges of negligence against one of the
officers involved. In a trial on June 24, the district court judge
concluded that the intent to harm could not be excluded and that she
had no jurisdiction to rule in this case. The case was sent to the
higher provincial court, which at year's end had not yet heard the
case.

Prison and Detention Center Conditions.--Prisons and detention
center conditions did not always meet international standards.
Overcrowding remained a problem in some institutions. In its March
11 report, the CPT noted that the overall prison population in the
country had been on the decline since 2004 and stood at a little over
8,000 at the beginning of 2009. At the same time, the official capacity
of prisons increased from 8,074 to 8,501 detainees.
The CPT reported that the delegation had not received any
allegations of staff mistreatment at any of the prisons visited and
that many prisoners emphasized the correct attitude and behavior of
staff towards prisoners. However, the CPT delegation reported hearing a
number of allegations of violence among prisoners at the Innsbruck and
Vienna-Josefstadt prisons. Detention conditions at regional police
headquarters and police stations visited by the CPT were on the whole
satisfactory.
In March the Human Rights Advisory Council, an independent
governmental body whose members were appointed by the minister of the
interior, released its 2009 annual report. The report described
conditions facing aliens prior to deportation as ``questionable from a
human rights point of view'' and at times ``not in conformity with
human rights standards.'' There were no indications that authorities
made changes in response to these criticisms.
Some human rights observers criticized the incarceration of
nonviolent offenders, including persons awaiting deportation, for long
periods in single cells or inadequate facilities designed for temporary
detention. In its March 11 report, the CPT expressed misgivings over
the long-standing practice of accommodating foreign nationals pending
deportation in police establishments designed to hold criminal and
administrative offenders. It noted that conditions under which foreign
nationals were held in the police detention center in Vienna-Hernalser
Guertel remained unacceptable, with foreign nationals being locked in
their cells for 23 hours a day, with reading and playing board games
their only occupation.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. Authorities permitted prisoners and
detainees to submit complaints to judicial authorities without
censorship and to request investigation of credible allegations of
inhumane conditions. The Government investigated and monitored prison
and detention center conditions. The Federal Ombudsman's Office can
investigate on behalf of prisoners and detainees but cannot consider
such matters as alternatives to incarceration for nonviolent offenders
to alleviate overcrowding. There were strict checks on the enforcement
of pretrial detention restrictions and bail provisions, and detailed
recordkeeping procedures to ensure that prisoners did not serve beyond
the maximum sentence for the offense with which they were charged.
Nongovernmental organizations (NGOs) monitored prisons on a regular
basis. In addition delegations from the CPT regularly visited the
country to review conditions at the country's prisons and detention
centers. During its most recent visit in February 2009, the delegation
paid particular attention to the treatment of persons in police
detention and to the detention conditions under which foreign nationals
were held.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and information available during the year
suggests that the Government generally observed these prohibitions;
however, the strict application of slander laws tended to discourage
reports of police abuse.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the police and army, and the
Government has effective mechanisms to investigate and punish abuse.
There were no reports of impunity involving the security forces during
the year.
Some police violence appeared to be racially motivated. Amnesty
International's Annual Report for 2009 criticized a certain degree of
``ethnic profiling'' by police, noting that immigrants and ethnic
minorities were more likely to be suspected of crimes than
``Caucasians.'' The report further claimed that police and the judicial
system regularly denied minorities their right to equal treatment and
noted that authorities do not effectively investigate and punish
racially motivated police misconduct. Amnesty International expressed
concern that the criminal justice system as a whole, and police in
particular, were failing to provide the same level of service to
foreign nationals and members of ethnic minorities as they routinely
provided to citizens from the country's majority ethnic group.
Police were also accused of not taking seriously the personal
safety concerns of members of minority communities. After the killings
of a Chechen asylee in January 2009 and a Sikh religious leader at a
Sikh temple in May 2009, information emerged suggesting that in both
cases police had ignored warnings or specific requests for personal
protection.
NGOs and other groups continued to criticize the police for
targeting minorities. Racial sensitivity training for police and other
officials continued with NGO assistance. The Human Rights Advisory
Council monitored police respect for human rights and made
recommendations to the interior minister.

Arrest Procedures and Treatment While in Detention.--In criminal
cases the law allows investigative or pretrial detention for up to 48
hours, during which a judge may decide to grant a prosecution request
for extended detention. The law specifies the grounds for investigative
detention and conditions for bail. The judge is required to evaluate
such detention periodically. The maximum duration for investigative
detention is two years. There is a functioning bail system. Police and
judicial authorities respected these laws and procedures in practice.
Apprehensions were based on sufficient evidence and issued by a duly
authorized official and brought before an independent judiciary.
Some legal experts called for a review of an article in the
criminal code designed to target collusion of suspected terrorists,
which they asserted authorities have used improperly to detain persons
on charges not connected with terrorism. The provision was used to try
animal rights activists who had damaged fur stores.
Detainees have the right to access a lawyer. Although indigent
criminal suspects have the right to an attorney, the criminal
procedures code requires an attorney be appointed only after a court
decision to remand such suspects into custody (i.e., 96 hours after
their apprehension). The law provides that criminal suspects are not
required to answer questions without an attorney present although,
according to the March 11 CPT report, the criminal police were
instructed to question suspects without delay and may do so before an
attorney arrives. In its March 11 report the CPT also noted that, while
a system of free legal counseling by telephone was introduced in 2008
in cooperation with the Austrian Bar Association, many police officers
outside Vienna appeared to have received no information on how to
utilize the service. On average, according to the bar association, only
a few such calls per day had been registered in the country since the
hotline's introduction. Only initial counseling by telephone was free
of charge, which, according to the CPT report, affected the utilization
of the service by detained persons, since they did not have the means
to pay an attorney to be present during police questioning.

e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.

Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right. A system of
judicial review provides multiple opportunities for appeal. Persons
charged with criminal offenses are considered innocent until proven
guilty. Trials must be public and conducted orally. Juries are used
only in trials for major offenses. Defendants have the right to be
present during trials. They can confront or question witnesses against
them and present witnesses and evidence on their behalf. Defendants can
consult attorneys no later than 96 hours after apprehension. Legal
counsel is provided pro bono for needy persons in cases where attorneys
are mandatory. Attorneys are not mandatory in minor offense cases.
Defendants and their attorneys have access to government-held evidence
relevant to their cases.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--From January to August the
European Court of Human Rights (ECHR) ruled on 13 cases against the
Government. The ECHR found violations concerning the right to a fair
trial and the presumption of innocence until proven guilty, the length
of proceedings, the prohibition of discrimination, and the right to
vote during imprisonment. The Government complied with the ECHR orders
and decisions.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, including an appellate
system. These institutions are accessible to plaintiffs seeking damages
for human rights violations. Administrative remedies as well as
judicial remedies were available for redressing alleged wrongs.

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and the press, and the Government generally respected
these rights in practice. An independent press, an effective judiciary,
and a functioning democratic political system combined to ensure
freedom of speech and the press. The independent media were active and
expressed a wide variety of views with few restrictions. Individuals
generally could criticize the Government publicly or privately without
reprisal.
The law prohibits public denial, belittlement, approval, or
justification of the Nazi genocide or other Nazi crimes against
humanity in a print publication, a broadcast, or other media. It also
prohibits incitement, insult, or contempt against a group because of
its members' race, nationality, or ethnicity if the statement violates
human dignity. The Government strictly enforced these laws.
On September 9, the Vienna Criminal Court gave convicted Holocaust-
denier Gerd Honsik an additional two-year, nonsuspended prison sentence
for violating the law prohibiting neo-Nazi activities. The conviction
stemmed from the 2009 publication of two neo-Nazi books in which Honsik
made accusations concerning the work of Simon Wiesenthal. Honsik was
already serving time for a previous violation of the law prohibiting
neo-Nazi activities.
Strict libel laws discouraged reporting of governmental abuse.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the Government generally
respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

Protection of Refugees.--The law provides for the granting of
asylum or refugee status, and the Government has established a system
for providing protection to refugees.
Rejected asylum seekers have recourse to the Federal Asylum Court.
When they allege a breach of the European Convention on Human Rights,
they can appeal to the Constitutional Court. Since July 2008 asylum
seekers no longer have recourse to the Higher Administrative Court, a
change criticized by human rights groups.
The Federal Asylum Court reported that more than half of new appeal
cases were adjudicated in less than six months whereas decisions in
``Dublin cases'' (i.e., cases returned to another EU member state under
the Dublin Regulation establishing the criteria and mechanisms for
determining the member state's responsibilities in asylum cases) take
an average of two weeks. In December there were 1,250 pending cases
before the Asylum Court, and a further 800 cases before the
Administrative Court. Under the law, authorities have six months to
process an application from the time it is filed. Observers expressed
concern that, due to a significant backlog of cases in the appellate
system, some applicants wait four years or more for final determination
of their cases.
Asylum seekers' freedom of movement was restricted to the district
of the refugee camp to which they were assigned for the duration of
their initial application process, i.e., until the country's
responsibility for examining the application is determined.
Asylum seekers and refugees received a subsistence allowance and
housing. While they were legally restricted from seeking regular
employment, they were eligible for seasonal employment. Children of
asylum seekers and refugees between the ages of six and 15 were
eligible for education. Following changes to the asylum process in 2009
that placed additional restrictions on those applying for asylum, total
applications have fallen by 27 percent while the approval rate for
applications has declined from 32 percent in 2007 to 14 percent in
2010.
The UNHCR has noted that the country continued to return asylum
applicants to Greece under the Dublin Regulation, despite expert
reports that asylum law and practice in Greece were not in compliance
with international and European human rights standards. In October,
Human Rights Watch released a report criticizing the deportation of
Roma, Ashkali, and Egyptians by a number of European countries,
including Austria, back to Kosovo where adequate reception conditions
for safe and dignified returns were not established.
The country subscribed to a ``safe country of transit'' policy,
which required asylum seekers who transited a country determined to be
``safe'' to return to that country to seek refugee status. Member
states of the EU and other signatories to the 1951 Convention relating
to the Status of Refugees were considered safe countries of transit.
In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion.
Human rights groups continued to criticize the detention system as
a breach of human rights. Asylum seekers who are in detention awaiting
deportation are held in police detention centers, generally in closed
cells with no opportunities for training/work and very limited access
to legal counsel. According to Amnesty International, in October the
Interior Ministry significantly reduced funding for legal advice for
asylum seekers, provided by NGOs.
New asylum legislation, effective on January 1, introduced measures
to counter the abuse of the asylum process. The legislation limits
follow-up applications and claims to improve the assessment of claims
of family relations and age. The new laws made it easier for
authorities to detain asylum applicants awaiting deportation in cases,
such as ``Dublin cases,'' where rejected asylum seekers either file
follow-up applications that appear to lack justification or violate
registration obligations.
The Government did not provide temporary protection during the year
to any individuals who did not qualify as refugees.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--The country held national
parliamentary elections in 2008 and presidential elections in April
2009; there were no reports of serious abuse or irregularities in
either election.
Political parties could operate without restriction or outside
interference.
The parliament consists of the popularly elected National Council
and the Federal Council, which is named by the federal states. There
were 51 women in the 183-seat National Council and 21 women in the 62-
member Federal Council. There were six women in the 14-member Council
of Ministers (cabinet).
There appeared to be relatively little representation of ethnic
minorities at the national level. Following the September 2008
elections, a Muslim woman entered the Federal Assembly for the Green
Party.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption. In
2008 the Government tightened the criminal code's corruption
regulations and established a special central public prosecution
department with countrywide authority for corruption cases. To
alleviate some measures viewed as too strict, the Government in
September 2009 amended and defined more precisely criminal laws against
corruption. Criminal code provisions against corruption cover civil
servants; officials with functions in legislation, administration or
justice on behalf of the state, including ministers, governors, and
members of parliament on all levels; and employees and representatives
of the country's companies. The term ``corruption'' includes bribery
and illicit intervention, abuse of office, and accepting an advantage.
The law provides criminal penalties for official corruption, and the
Government generally implemented these laws effectively. There were
isolated reports of government corruption during the year.
Corruption in the private sector was not considered a major problem
in the country; however, the ongoing scandals involving the Hypo Alpe
Adria banking group and Meinl European Land (MEL) raised the profile of
private sector corruption during the year. Another ongoing, high-
profile corruption case involved the Government's $1.1 billion
privatization of 60,000 state-owned apartments in 2004 (the so-called
``BUWOG affair''). The Prosecutor's Office continued its investigation
into the matter but did not make any indictments during the year.
During the year prosecutors and the federal auditor's office were
still investigating the failed expansion of the Vienna airport terminal
that, due to cost overruns, triggered a controversy regarding political
influence in the appointment of the managers and consultants handling
the project. The investigation of the federal auditor's office focused
on allegations of embezzlement and related statutory offenses by the
board of Airport Vienna in connection with contracts for construction
companies and consultants.
The five parliamentary parties agreed in August to tighten donation
rules on financing for political parties.
According to Transparency International, there is ``little or no
enforcement'' by the country of the Antibribery Convention of the
Organization for Economic Cooperation and Development (OECD). In
August, the head of an OECD working group on corporate corruption, Mark
Pieth, criticized the country for inadequate enforcement of its
anticorruption laws. Although the country has strengthened its criminal
code in recent years and established an anticorruption prosecutor, a
number of weaknesses remain, including too little independence for
prosecutors, poor whistleblower protection, and prosecutions that are
few and slow.
There are financial disclosure laws for public officials. The
courts are responsible for corruption cases. Parliamentary committees
oversee ethics rules for elected officials.
The law provides for full public access to government information,
and the Government generally respected this provision in practice.
Authorities may only deny access if it would violate substantial data
protection rights or involve national security information. Petitioners
could challenge denials before the Administrative Court.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were generally cooperative and responsive to their views, but some
groups were dissatisfied with the information supplied by authorities
in response to specific complaints. A human rights ombudsman's office
consisting of three independent commissioners examines complaints
against the Government. There were no parliamentary human rights
committees during the reporting period.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law provides for protection against discrimination based on
race, gender, disability, language, or social status, and the
Government generally enforced these protections.

Women.--Under the law, rape, including spousal rape, is punishable
by up to 15 years' imprisonment. The Government generally enforced the
law. According to 2009 statistics from the Ministry of the Interior,
there were 1,039 reported cases of rape or sexual coercion. There were
no reports of police or judicial reluctance to prosecute spousal or
other rape cases.
Violence against women, including spousal abuse, was a problem. The
Office of Women's Affairs and Civil Service estimated that 10 percent
of adult women have suffered from violence in a relationship. However,
fewer than 10 percent of abused women filed complaints. By law police
may expel abusive family members from family homes for up to three
months. In 2009 the courts issued injunctions prohibiting abusive
family members from returning home in 6,731 cases.
The Government funded privately operated intervention centers and
help lines for victims of domestic abuse. The centers provided for
victims' safety, assessed the threat posed by perpetrators, helped
victims develop plans to stop the abuse, and provided legal counseling
and other social services. In the view of most observers, these centers
were generally effective in providing shelter for victims of abuse.
In September the Government launched a ``Don't Look Away'' public
awareness campaign aimed at discouraging sex tourism. Billboards and
short video spots featured an e-mail address that travelers and tourism
industry staff could use to report suspicious activity to the
authorities.
The law prohibits sexual harassment, and the Government generally
enforced the law. Of the 3,455 cases of discrimination brought to the
ombudsman for equal treatment of gender in 2009, 494 involved sexual
harassment. The labor court may order employers to compensate victims
of sexual harassment on the basis of the Federal Equality Commission's
finding in a case; the law provides that a victim is entitled to a
minimum of 700 euros (approximately $940) in financial compensation.
Couples and individuals have the right to decide freely and
responsibly the number, spacing, and timing of their children, and are
free to do so without any discrimination, coercion, and violence. Women
have access to contraception and skilled attendance during childbirth,
including obstetric and postpartum care, and are diagnosed and treated
for sexually transmitted infections as equally as men. According to
data compiled by international organizations, there were approximately
5 maternal deaths per 100,000 live births in the country in 2008.
The Minister for Women's Affairs and Civil Service is responsible
for promoting the legal rights of women. Women enjoy the same legal
rights as men, and the Federal Equality Commission and the ombudsman
for equal treatment of gender oversee laws requiring equal treatment of
men and women.
According to Statistics Austria's Women's Report 2010, women earned
on average 25.5 percent less than men; women's average earnings were
approximately 15 percent less than men for equivalent work. Labor
participation for women aged 15 to 64 was 69 percent, roughly the same
as men. The report attributed the recent increase in female labor
market participation to a rise in part-time work. Approximately 41.5
percent (1998: 30.7 percent) of women in employment worked part-time.
The report stated that labor market participation of women is also
important in reducing poverty risk: around 60 percent of single mothers
who do not work are at risk of poverty.
Although labor laws provide for equal treatment of women in the
civil service, women remained underrepresented. The law requires the
Government to hire women of equivalent qualifications ahead of men in
all civil service areas, including the police force. During the year
less than 40 percent of civil servants were women. The judiciary system
and academia were two areas which did not meet the target. There are no
penalties, however, for agencies failing to attain the 40-percent
target.
To address the low labor market participation rate for women,
Women's Affairs Minister Gabriele Heinisch-Hosek, together with trade
unions, continued an awareness-raising campaign during the year. She
pointed to the international study Global Gender Gap Report 2009,
published in October 2009, which indicated that the gender gap in the
country had worsened.
Female employees in the private sector may invoke equality laws
prohibiting discrimination against women. On the basis of the Federal
Equality Commission's findings, labor courts may award compensation of
up to four months' salary to women who experienced discrimination in
promotion due to their gender. The courts may also order compensation
for women who were denied a post despite having equal qualifications.

Children.--By law children derive citizenship from their parents.
Child abuse remained a problem, and the Government continued its
efforts to monitor abuse and prosecute offenders. The Ministry for
Economics, Family, and Youth estimated that 90 percent of child abuse
was committed by close family members or family friends. Officials
noted a growing readiness to report abuse cases. Trafficking of
children remained a problem. See the Department of State's annual
Trafficking in Persons Report at www.state.gov/g/tip.
During the year there were occasional reports of underage marriage,
primarily in the Muslim and Romani communities; however, such cases
were undocumented. Some male immigrants married underage girls in their
home countries and returned to the country with them.
The law provides up to 10 years' imprisonment for an adult
convicted of sexual intercourse with a child under the age of 14. If
the victim becomes pregnant, the sentence may be extended to 15 years.
In 2008 the Ministry of the Interior reported 1,806 cases of child
abuse, most involving intercourse with a minor.
The law provides for criminal punishment for possessing, trading,
or private viewing of child pornography. Exchanging pornographic videos
of children is illegal.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html as well as
country-specific information at http://travel.state.gov/abduction/
country/country--3781.html.

Anti-Semitism.--According to 2001 census figures and 2010 estimates
from the Vienna Institute of Demography, a branch of the Austrian
Academy of Sciences, the Jewish community in the country numbered
approximately 7,000.
The NGO Forum against Anti-Semitism reported 70 anti-Semitic
incidents between January and December, including four physical
assaults, as well as name-calling, graffiti and defacement, threatening
letters, anti-Semitic Internet postings, property damage, and vilifying
letters and telephone calls. Vienna Jewish Community (IKG) President
Ariel Muzicant reported a rise in anti-Semitic incidents related to the
May 31 Gaza flotilla incident. There were anti-Israel demonstrations
organized by several Muslim groups at the beginning of June, including
the use of an anti-Semitic banner displaying the slogan, ``Wake up,
Hitler.'' Another banner equated the Star of David to the swastika.
Muzicant also reported an incident in which two Turkish-speaking men
spat on a rabbi in Vienna. The Vienna Jewish Community's offices and
other Jewish community institutions in the country, such as schools and
museums, continued to receive extra police protection.
In March the outside wall of the Mauthausen concentration camp site
was defaced with anti-Islamic and anti-Semitic graffiti, similar to
that of a previous incident in February 2009. The Interior Ministry
increased security but rejected a proposal by the Mauthausen Memorial
Committee to place video cameras on the site.
The law banning neo-Nazi activity prohibits public denial,
belittlement, approval, or justification of the Nazi genocide or other
Nazi crimes against humanity in print publication, broadcast, or other
media. The Government strictly enforced these laws.
Beginning in June, a special unit of the Interior Ministry
investigated a neo-Nazi Web site based outside of Europe that displayed
links to Hitler's Mein Kampf and called for actions to preserve the
``German heritage,'' while denouncing persons who fight right-wing
extremism. In October police conducted several house searches but no
arrests were reported. In November the country's media reported denials
from the Office for the Protection of the Constitution and Counter-
Terrorism (BVT) that neo-Nazis had infiltrated one of its branch
offices. The statements came in the wake of reports regarding the
transfer of a BVT agent whose son was linked to the neo-Nazi Web site.
On September 9, the Vienna Criminal Court gave convicted Holocaust-
denier Gerd Honsik an additional two-year nonsuspended prison sentence
for violating the law prohibiting neo-Nazi activities. The conviction
stemmed from the 2009 publication of two neo-Nazi books in which Honsik
made accusations concerning the work of Simon Wiesenthal. Honsik was
already serving time for a previous violation of the law prohibiting
neo-Nazi activities.
On November 15 and 16, the criminal court in Eisenstadt tried 14
men, ages 18 to 38, on charges of neo-Nazi activity. The men were
accused of publicly displaying the Hitler salute and smearing swastika
graffiti on stores between 2007 and 2009. The court gave six of the
defendants suspended prison sentences of five to eight months and
sentenced five of them to 70-100 hours of social work. Three of the
defendants were acquitted.
On December 1, a regional court in Wels convicted three men of neo-
Nazi activity in relation to an incident at the site of the former
concentration camp in Ebensee. The men disturbed a commemoration
ceremony at the site, fired air rifles at a group of French visitors,
and shouted Nazi slogans. The three men received suspended prison
sentences of up to six months.
On December 3, the Austrian Times reported that an Austrian soldier
was facing charges for giving a Nazi salute while on a peacekeeping
mission in Bosnia-Herzegovina. The soldier was subsequently dismissed
from military service. In a July press conference, the Defense Minister
announced the military had a ``no tolerance'' policy in regards to any
form of right-wing extremism.
School curricula fostered discussion of the Holocaust and the
tenets of different religions and advocated religious tolerance. The
Education Ministry offered special teacher-training seminars on
Holocaust education while also conducting training projects with the
Anti-Defamation League.
On November 17, the parliament adopted a law establishing a fund
for the renovation and maintenance of Jewish cemeteries. In compliance
with the 2001 U.S.-Austrian ``Washington Agreement,'' which called for
the country to ``provide additional support for the restoration and
maintenance of Jewish cemeteries,'' the Government will allocate 20
million euros (approximately $27 million) over 20 years to the project.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law protects persons with physical,
sensory, intellectual, and mental disabilities from discrimination in
housing, education, employment, and access to health care and other
government services. The Government's performance in enforcing these
provisions was mixed.
Federal law mandates access to public buildings for persons with
physical disabilities; however, many public buildings lacked such
access due to insufficient enforcement of the law and low penalties for
noncompliance. Persons with disabilities generally had access to
information and communications.
The law provides for involuntary sterilization of adults with
mental disabilities in cases where a pregnancy would be considered
life-threatening. However, authorities have not performed any
involuntary sterilization in recent years. The law prohibits the
sterilization of minors.
The Ministry of Labor, Social Affairs, and Consumer Protection
handles problems for persons with disabilities. The Government funded a
wide range of programs for persons with disabilities, including
provision of transportation and assistance for integrating
schoolchildren with disabilities into regular classes and for
integrating employees with disabilities into the workplace.

National/Racial/Ethnic Minorities.--In 2009 the Ministry of the
Interior recorded 453 neo-Nazi, right-wing extremist, xenophobic, or
anti-Semitic incidents directed against members of minority groups. The
Government continued to express concern over the activities of extreme
right-wing skinhead and neo-Nazi groups, many with links to
organizations in other countries.
Human rights groups reported that Roma faced some discrimination in
employment and housing. However, the head of the Austrian Romani
Cultural Association reported that the situation of the Romani
community, estimated at more than 6,200 indigenous and between 15,000
and 20,000 nonindigenous individuals, has significantly improved in
recent years. Government programs, including financing for tutors, have
helped school-aged Romani children move out of ``special needs'' and
into mainstream classes. The Government also initiated programs in
recent years to document the Romani victims of the Holocaust and to
compensate its victims.
NGOs reported that Africans living in the country experienced
verbal harassment in public. In some cases black Africans were
stigmatized as being involved in the drug trade or other illegal
activities.
Federal law recognizes Croats, Czechs, Hungarians, Roma, Slovaks,
and Slovenes as national minorities. It requires any community where at
least 25 percent of the population belongs to one of these groups to
provide bilingual town signs, education, media, and access to federal
funds earmarked for such minorities. Communities in the Slovene-
speaking area of the state of Carinthia have some bi-lingual town
signs, but authorities have so far refused to implement rulings by
higher courts requiring the state to install additional bilingual
signs. The Chancellor's Office appointed a high-ranking official tasked
with resolving the dispute.
The Government continued training programs to combat racism and
educate the police in cultural sensitivity. The Ministry of the
Interior renewed an agreement with the Anti-Defamation League to teach
police officers cultural sensitivity, religious tolerance, and the
acceptance of minorities.
Poor German language skills were a major factor preventing
minorities from entering the workforce. In April 2009 the Labor
Ministry announced efforts to combat this situation by providing German
language and skilled labor training for 19- to 24-year-olds.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There was some societal
prejudice against gays and lesbians; however, there were no reports of
violence or discrimination based on sexual orientation. Lesbian, gay,
bisexual, and transgender persons' organizations, such as the
Homosexual Initiatives (HOSI) in Vienna and Linz and the Lambda Rights
Committee, were present and generally operated freely. Vienna hosted an
annual gay pride march in July and the city provided police protection.

Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law provides workers the right to
form and join independent unions without prior authorization or
excessive requirements, and workers exercised this right in practice.
According to the Austrian Trade Union Federation, 35 percent of the
workforce belonged to unions. The law does not explicitly provide a
right to strike; however, the right is recognized in practice. The law
prohibits retaliation against strikers, and the Government effectively
enforced the law.

b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference, and the
Government protected this right in practice. Collective bargaining is
protected in law and was freely practiced. Approximately 80 percent of
the labor force worked under a collective bargaining agreement. The
Austrian Trade Union Federation was exclusively responsible for
collective bargaining.
The law prohibits antiunion discrimination, and there were no
reports of antiunion discrimination or other forms of employer
interference in union functions.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that women were trafficked to the country for domestic labor
and that children were trafficked to the country for begging (see the
Department of State's annual Trafficking in Persons Report at
www.state.gov/g/tip).

d. Prohibition of Child Labor and Minimum Age for Employment.--Laws
and policies protect children from exploitation in the workplace and
prohibit forced or compulsory labor, and the Government generally
enforced these laws and policies effectively.
There were reports of trafficking of children for begging. In 2009
the Crisis Center for Unaccompanied Minors in Vienna assisted 121
children, primarily from Bulgaria and Romania, who were trafficked into
the country (see the Department of State's annual Trafficking in
Persons Report at www.state.gov/g/tip).
The minimum legal working age is 15 years. Children under the age
of 15 are not permitted to work, with the exception of children at
least 12 years old engaged in certain forms of light work on family
farms or businesses. Children over 15 years of age are subject to the
same regulations on hours, rest periods, overtime wages, and
occupational health and safety restrictions as adults, except for
additional limitations on hazardous forms of work or limitations for
ethical reasons.
The Labor Inspectorate of the Federal Ministry of Labor, Social
Affairs, and Consumer Protection is responsible for enforcing child
labor laws and policies in the workplace, and the Inspectorate enforced
the laws effectively. The Labor Inspectorate did not find any
violations of child labor laws during the year.

e. Acceptable Conditions of Work.--There is no legislated national
minimum wage. Instead, nationwide collective bargaining agreements set
minimum wages by job classification for each industry. All collective
bargaining agreements provide for a minimum wage of 1,000 euro ($1,340)
per month. Wages in select areas where no such collective agreements
exist, such as for domestic workers, janitorial staff, and au pairs,
are regulated in pertinent law and are generally lower than those
covered by collective bargaining agreements. According to the Austrian
Trade Union Federation, some 350,000 Austrians are ``working poor,''
meaning that they have a job, but cannot sustain themselves or their
families without additional assistance.
The country participated in an International Labor Organization
(ILO) pilot project measuring ``decent work standards'' in ILO member
states. The ILO's profile for the country, released in October 2009,
noted progress in employment rates for women and an improved framework
for reconciling work, family, and personal life, but found the country
lagging in reducing the persistently large wage gap between men and
women.
Existing legal provisions stipulate a maximum workweek of 40 hours,
but collective bargaining agreements also provide for a workweek of 38
or 38.5 hours per week for more than half of all employees. Flexible
work hour regulations, in place since 2008, allow firms to increase the
maximum regular time hours from 40 to 50 per week. In special cases and
including overtime, work hours can be raised up to 60 hours per week
for a maximum of 24 weeks annually. However, these 24 weeks can only be
in eight-week segments, with at least a two-week break between each
eight-week period.
The law also requires compulsory time off on weekends and official
holidays. An employee must have at least 11 hours off between workdays.
Authorities effectively enforced these provisions. Foreign workers in
both the formal and informal sectors make up approximately 13 percent
of the country's workforce. Wage and hour standards are equitably
enforced across all groups.
The law limits overtime to five hours per week and to 60 hours per
year; however, authorities did not enforce these laws and regulations
effectively, and some employers exceeded legal limits on compulsory
overtime. Collective bargaining agreements can specify higher limits.
The law stipulates 50-percent premium pay for overtime.
The Labor Inspectorate regularly enforced mandatory occupational
health and safety standards. Workers could file complaints anonymously
with the Labor Inspectorate, which could bring suit against the
employer on behalf of the employee. However, workers rarely exercised
this option and normally relied instead on the nongovernmental worker's
advocacy group, the Chamber of Labor, which filed suits on their
behalf.
The law gives workers the right to remove themselves from a job
without incurring any prejudice to their careers if they fear serious,
immediate danger to life and health, and workers were able to exercise
this right in practice.

__________

AZERBAIJAN

Azerbaijan is a republic with a population of approximately nine
million and a presidential form of government. Legislative authority is
vested in the Milli Majlis (National Assembly). In practice the
president dominated the executive, legislative, and judicial branches
of government. November 7 parliamentary elections did not meet a number
of key standards of the Organization for Security and Cooperation in
Europe (OSCE) for democratic elections. According to the final report
of the OSCE's Office of Democratic Institutions and Human Rights
(ODIHR), election shortcomings included a deficient candidate
registration process, limits on freedom of assembly and expression, a
restrictive political environment, unbalanced media coverage of
candidates, and problems in vote counting and tabulation. President
Ilham Aliyev, the son of former president Heydar Aliyev, was elected to
a second term in 2008 in a flawed election; constitutionally mandated
presidential term limits were removed in a March 2009 referendum, which
was also seriously flawed. Although there were more than 50 political
parties, the ruling Yeni Azerbaijan Party, chaired by President Aliyev,
dominated the political system. Ethnic Armenian separatists, with
Armenia's support, continued to control most of the Nagorno-Karabakh
region of the country and seven surrounding Azerbaijani territories.
The Government did not exercise any control over developments in those
territories. Security forces reported to civilian authorities.
Restrictions on freedom of expression, assembly, and association
impaired political party activities and significantly limited citizens'
right to change their government through peaceful elections. There were
reports that torture and beating of persons in police and military
custody resulted in at least seven deaths, and law enforcement
officials acted with impunity. Prison conditions were generally harsh
and in some cases life threatening. Arbitrary arrest and detention,
particularly of individuals considered by the Government to be
political opponents, and lengthy pretrial detention continued. The
Government continued to imprison persons for political reasons,
although authorities released some of these individuals during the
year. Pervasive corruption, including in the judiciary and law
enforcement, continued. Restrictions and pressure on the media and
restrictions on political participation worsened. The Government
continued to restrict religious freedom in some cases. Cases of
violence against women were also reported. Trafficking in persons
remained a problem.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed any arbitrary or
unlawful killings during the year; however, human rights monitors
reported that at least seven persons died in police or military
custody.
On March 25, Jeyhun Zarbaliyev died while in the custody of the
Nasimi District Police Department #19. Police detained him on March 23.
Authorities alleged that Zarbaliyev committed suicide. The Ministry of
Internal Affairs indicated that it launched an internal investigation,
and as a result three employees were dismissed from the service at the
internal affairs agencies, and six employees were found liable by a
disciplinary committee. The ministry also reported that the Nasimi
District prosecutor's criminal investigation revealed misconduct by
police.
On April 14, Vugar Azizov, age 43, died while in Salyan District
Police custody. He had been detained on drug use charges. The official
cause of death was reported as drug addiction and arterial
hemorrhaging.
On July 14, Urkhan Mammadov, age 21, died in a military unit
located in the District of Shaki. The Government reported the victim
suffered from respiratory distress, coronary failure, and a brain
tumor. Mammadov's family sued the Government, alleging that there were
minor bruises on Mammadov's body. At year's end, the case was pending
in the Ganja City Court of Appeals.
On September 28, police in the Ujar District Police Department
reportedly beat Nadir Abdullayev to death for rudely answering an
officer's question. Abdullayev's relatives alleged that the victim's
extensive injuries proved he had been tortured.
On September 31, Namir Pirmammadov died at Military Unit # 157 in
Goranboy District, reportedly after suffering beatings to his head and
face.
On November 17, Rauf Huseynov died at the Shirvan City Road Police
Department. Officials reported Huseynov had a heart attack while in
detention. Huseynov was the chief of the Zardab District Military
Conscription Office. No signs of physical torture were reported.
On December 11, police in Jalilabad allegedly beat Gazanfar
Seydanov; he died of his injuries at the hospital on the same day.
There were no new developments in the cases of Vagif Suleymanov,
Togrul Mammadzade, Rustam Aliyev, or Aga Turabov, all of whom died in
police or Justice Ministry custody in 2009.
There were no new developments in the cases of Rashad Haziyev,
Mahammad Rahimov, or Zaur Mammadov, all of whom were found dead in or
outside of police stations in 2008.
Abuse in the military was widespread (see section 1.c.) and at
times resulted in death.
The Government reported six deaths of military conscripts during
2009, which it attributed to incidents along the line of contact.
Ethnic Armenian separatists, with Armenia's support, continued to
control most of the Nagorno-Karabakh region of Azerbaijan and seven
surrounding Azerbaijani territories. During the year shootings along
the militarized line of contact separating the sides as a result of the
Nagorno-Karabakh conflict again resulted in numerous casualties on both
sides. The Ministry of Foreign Affairs reported two civilian casualties
along the line of contact during 2009. Figures for 2010 were
unavailable.
According to the national agency for mine actions, landmines killed
one soldier and injured four (two soldiers and two civilians).
According to the Azerbaijan National Agency for Mine Action, 64,448
units of explosive ordnance were destroyed.

b. Disappearance.--During the year there were no reports of
politically motivated disappearances. However, the Government reported
that 4,049 Azerbaijani citizens were registered as missing persons at
the State Committee as the result of the Nagorno-Karabakh conflict.
The International Committee of the Red Cross (ICRC) continued to
process cases of persons missing in connection with the Nagorno-
Karabakh conflict and worked with the Government to develop a
consolidated list of missing persons. According to the ICRC, during the
year the number of persons confirmed missing from both sides of the
conflict increased from 4,558 to 4,571. As a result of a framework
agreement signed with the Government in 2008, the ICRC collected ante
mortem data from 3,189 families since the beginning of the collection
in 2008. The information, gathered from families on both sides of the
line of contact as well as in Armenia, was meant to assist state
commissions in the identification of human remains. In December the
ICRC signed a license agreement with the Government to hand over an
ante mortem/post mortem database which will allow for the matching of
the information collected from the families of missing persons (ante
mortem data) with the information collected by forensic experts during
future exhumations (post mortem data).
The ICRC continued to pay special attention to prisoners of war and
civilian internees (POWs/CIs) and conducted visits throughout the year
to ensure their protection under international humanitarian law. The
ICRC regularly facilitated the exchange of Red Cross messages between
POWs/CIs and their families to help them reestablish and maintain
contact. The Government reported that the ICRC facilitated the
repatriation of one prisoner of war and one civilian internee, as well
as the return/transfer of the remains of four Azerbaijanis (two
military and two civilian) to Azerbaijan during the year, and in
exchange, the remains of two individuals were returned to Armenia.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and criminal code prohibit such practices
and provide for penalties of up to 10 years' imprisonment; however,
there were credible reports that security forces beat detainees to
extract confessions and that military personnel physically abused
subordinates. During the year domestic human rights monitors reported
that 169 persons were tortured in custody by security forces. There
were reports that at least seven of these individuals subsequently
died. Impunity remained a problem. According to a 2009 report submitted
to the UN Committee against Torture by the Human Rights Center of
Azerbaijan and the International Federation of Human Rights,
authorities also implemented a de facto ban on independent forensic
examinations of detainees who claimed mistreatment and delayed access
to an attorney.
The military Prosecutor's Office arrested and summoned to the court
five members of the military regarding crimes committed on January 28,
including taking bribes; insulting; causing injuries or torture of a
military man; and abuse of authority, excess, or negligence. The court
hearing continued at year's end.
On June 12, three cadets of the High Military Navy School beat
fellow cadet Royal Musayev. Musayev was hospitalized. Ombudswoman for
Human Rights Elmira Sulevmanova appealed to both the deputy prosecutor
general and the military prosecutor to investigate and bring the
perpetrators to justice. Neither had initiated an investigation by
year's end.
On August 6, human rights monitors in Nakhchivan reported that
authorities wrongfully placed Jannet Baghirova in a state mental clinic
after Baghirova reportedly violated a ban on street vending.
Authorities released Baghirova the same day after receiving numerous
complaints.
During the year a local nongovernmental organization (NGO) reported
numerous police beatings of persons based on sexual orientation (see
section 6).
During the year there was no accountability for the 2008 beating of
Mirza Zahidov.
According to the Ministry of Internal Affairs, authorities punished
276 employees for human rights abuses and dismissed 20 from their
positions during the year.

Prison and Detention Center Conditions.--Prison conditions remained
harsh, and some prison conditions were life threatening, despite
continuing prison infrastructure improvements.
Overcrowding, inadequate nutrition, lack of heating and
ventilation, and poor medical care combined to make the spread of
infectious diseases a serious problem. Despite ongoing improvements to
prison infrastructure, prisons, which were generally Soviet-era
facilities, did not meet international standards. In maximum-security
facilities, authorities limited physical exercise for prisoners as well
as visits by attorneys and family members. There were few opportunities
for prisoners to work or receive training. Some pretrial detainees
reportedly were held in ``separation cells,'' which were often located
in basements to conceal evidence of physical abuse. Food and sleep
reportedly were denied in these cells to elicit confessions.
Local and international monitors continued to report poor
conditions at maximum security Qobustan Prison. Authorities began
construction of a new facility during the year. In a November 2009
report, the European Committee for the Prevention of Torture (CPT)
stated that during a 2008 visit to Qobustan Prison, a prison officer
attempted to threaten a prisoner for speaking to the CPT delegation,
and it was apparent that authorities had warned certain other prisoners
not to complain to the delegation. Nevertheless, the delegation
received several credible reports from prisoners of intentional
physical abuse and excessive use of force by prison officers.
The Ministry of Internal Affairs reported that during the year, it
renovated the following detention facilities: the Counter Trafficking
Department and the Police Departments of Khazar, Sabail, Nasimi
districts of Baku and Gusar, Goygol, and Lerik districts. The ministry
also reported that an additional 20 detention facilities were
renovated.
During the year harsh prison conditions resulted in numerous
deaths; the Ministry of Justice reported that 106 persons died in
detention during the year, a decrease of 19 percent from 2009. The
Ministry attributed most deaths to a variety of diseases but reported a
substantial decrease in deaths due to tuberculosis, although more
inmates died of tuberculosis than from any other disease. The Ministry
of Internal Affairs reported one death in its facilities, due to
suicide. Authorities dismissed one officer and disciplined two others
for negligence in connection with these deaths.
In August 2009, Novruzali Mammadov, a prominent scholar of the
ethnic minority Talysh group and former editor in chief of the Talysh
Sedo newspaper, died in the Ministry of Justice medical treatment
facility. The Ministry reported that he died of a stroke, but family
members and local human rights defenders believed he had not received
appropriate medical care. Mammadov's widow sued the Ministry of Justice
and submitted Mammadov's case to the European Court of Human Rights
(ECHR) during the year. Some local NGOs believed Mammadov's arrest was
related to his ethnicity and cultural activities.
During the year there was no investigation into the 2008 death of
Arif Aslanov while in Ministry of Justice custody.
The Ministry of Justice reported treating 497 prisoners for drug-
resistant tuberculosis during the year. The Government reported that
the other major causes of death among prisoners and detainees were
cancer, myocardial infarction, hepatic cirrhosis, and strokes.
A joint government-human rights community prison monitoring group
was able to gain access to prisons only with prior notification to the
Penitentiary Service. During the year the group reportedly experienced
difficulty in obtaining permission to access facilities, even with
prior notification. In 2009 the group visited numerous detention
facilities, advocated for better medical conditions in prisons,
arranged for more telephones to be installed in prison facilities,
donated books to prison facilities, and provided legal assistance to 47
prisoners.
Men and women were held together in pretrial detention facilities;
however, all women were housed in a separate prison facility after
being sentenced. Minors were also supposed to be held in a separate
facility; however, international monitors noted some children were held
with adults.
The Government permitted some prison visits by international and
local humanitarian and human rights groups, including the ICRC, the
CPT, the OSCE, and the Azerbaijan Committee against Torture. As of July
2009, however, the Azerbaijan Committee against Torture was no longer
permitted to visit Ministry of Justice facilities without prior
notification. The Ministry of Internal Affairs-run pretrial detention
centers still allowed the committee immediate access. The ICRC had
unobstructed access to the POWs/CIs who were held in connection with
the conflict over Nagorno-Karabakh as well as to detainees held in
facilities under the authority of the Ministries of Justice, Internal
Affairs, and National Security. The Penitentiary Service denied foreign
embassies access to prisons outside of consular visits. The missions of
some international organizations were still permitted to visit prisons
for monitoring purposes.

d. Arbitrary Arrest or Detention.--Although the law prohibits
arbitrary arrest and detention, the Government generally did not
observe these prohibitions in practice, and impunity remained a
problem.

Role of the Police and Security Apparatus.--The Ministry of
Internal Affairs and the Ministry of National Security are responsible
for internal security and report directly to the president. The
Ministry of Internal Affairs oversees local police forces and maintains
internal civil defense troops. The Ministry of National Security has a
separate internal security force.
While security forces were generally able to act with impunity, the
Government asserted that it took action against 276 Ministry of
Internal Affairs employees for 174 complaints of human rights
violations during the year. The Government did not report on its
criminal prosecutions but stated that it dismissed 20 officers from the
Ministry of Internal Affairs police forces, removed 18 officers from
their positions, and administratively disciplined 238 others.

Arrest Procedures and Treatment While in Detention.--The law states
that persons who are detained, arrested, or accused of a crime should
be advised immediately of their rights and the reason for their arrest
and accorded due process; however, the Government did not respect these
provisions in practice. Arbitrary arrest, often based on spurious
charges of resisting the police, remained a problem throughout the
year.
The law allows police to detain and question individuals for 48
hours without a warrant; in practice police detained individuals for
several days, sometimes weeks, without a warrant. In other instances
judges issued ex post facto warrants.
Judges, acting at the instruction of the Prosecutor General's
Office or of other executive branch officials, sentenced detainees to
jail within hours of their arrest without providing them access to an
attorney.
The law provides for access to a lawyer from the time of detention;
in practice access to lawyers was poor, particularly outside of Baku.
Although entitled to it by law, indigent detainees did not have such
access. Authorities often restricted family member visits and withheld
information about detainees; days frequently passed before families
could obtain any information about detained relatives. There was no
formal, functioning bail system; however, individuals were sometimes
permitted to vouch for detainees, enabling their conditional release
during pretrial investigation. Politically sensitive suspects were at
times held incommunicado for several hours or sometimes days while in
police custody.
During the year there were numerous instances of violations of
arrest and detention procedures.
On November 12, the Sharur police department detained Sabit Aliyev
until November 21 without charge. Sabit Aliyev served as an election
monitor for his brother, Sakhavat Aliyev, a candidate in the November 7
parliamentary elections; 48 hours is the legal limit of detention
without charge. Ahead of release, Sabit Aliyev was required to sign a
statement forbidding him to leave the village (see section 3).
On November 19, Bakhtiyar Hajiyev reported that he had been
released after having been detained for over 24 hours without food or
water. Hajiyev, a candidate in the November 7 parliamentary elections,
also told Radio Liberty that officials threatened him during his
detention and did not allow his family to see him (see section 2.d.).
During the year there were a number of cases of police detaining
members of opposition political parties in connection with their
attempts to hold peaceful political demonstrations (see section 2.b).
Lengthy pretrial detention of up to 18 months was a serious
problem. The prosecutor general routinely extended the initial three-
month pretrial detention period permitted by law in successive
increments of several months until the Government completed an
investigation.

Amnesty.--On March 17, President Aliyev issued a pardon for 62
prisoners. Among those pardoned was the editor in chief of Azadlig
newspaper, Ganimat Zahid (Zahidov), who had been convicted on charges
many international and domestic observers characterized as spurious and
politically motivated (see section 2.a.).

e. Denial of Fair Public Trial.--Although the law provides for an
independent judiciary, in practice, judges did not function
independently of the executive branch. The judiciary remained corrupt
and inefficient. Verdicts were largely unrelated to the evidence
presented during the trial.
The executive branch continued to exert a strong influence over the
judiciary. The Ministry of Justice controls the Judicial Legal Council,
which administers the examination for judge candidates.
Credible reports indicated that judges and prosecutors took
instruction from the presidential administration and the Justice
Ministry, particularly in cases of interest to international observers.
While judges' salaries steadily increased for several years prior to
2008, there continued to be credible allegations that judges routinely
accepted bribes. During the year the ministry reported that the
Judicial Council initiated disciplinary proceedings against 21 judges.
The ministry reported that 11 of its employees were subjected to
disciplinary actions; two of these cases were sent to the Prosecutor
General's Office, resulting in one conviction.
In February 2009 the president issued a decree creating the 2009-13
State Program on Development of the Justice System. The program's
objectives included improving legislation and the quality of
professional staff training.
On February 26, the Supreme Court dismissed the appeal by Intigam
Aliyev, head of the Legal Education Society, regarding the lower
court's decision that he insulted the ``honor and dignity'' of Judge
Gazanfar Karimov in a book on disciplinary actions against judges. In
June 2009 Aliyev appealed to the ECHR; the case was pending at year's
end.
The constitution prohibits a person from being tried and/or
sentenced twice for the same crime. On September 29, Sayyara Heydarova,
who received a three-year conditional sentence in April 2009 for the
same incident for which she was originally jailed in 2005, appealed her
conviction to the ECHR, after exhausting national court remedies. The
case was pending at year's end.
The Judicial Legal Council continued to coordinate efforts with
international organizations to train judges.
On February 4, the Judicial Legal Council issued a decision to
dismiss three judges working in Baku courts for negligence. One of the
judges, Sudaba Mammadova, had sentenced Azadlig newspaper editor in
chief Ganimat Zahid to four years' imprisonment in 2007 on charges that
international monitors considered spurious (see section 2.a.).

Trial Procedures.--The law provides for public trials except in
cases involving state, commercial, or professional secrets or matters
involving confidential, personal, or family matters. However, during
the year international monitors noted numerous violations of this law
in practice.
While the law provides for the presumption of innocence in criminal
cases, the right to review evidence, the right of defendants to
confront witnesses and present evidence at trial, the right to a court-
approved attorney for indigent defendants, and the right of appeal for
defendants and prosecutors, these provisions generally were not
respected in practice.
International monitors found numerous instances where judges did
not inform the accused of their rights or the charges brought against
them. Even in cases where the presumption of innocence was not
explicitly breached, the practice of having the accused appear in
handcuffs inside locked metal cages implicitly did so. In addition,
judges often failed to read the verdict publicly, leaving the accused
without knowledge of the reasoning behind the judgment.
Jury trials were not used. Foreign and domestic observers usually
were allowed to attend trials. The use of small courtrooms with
inadequate seating prevented public attendance at some hearings.
Information regarding trial times and locations was generally
available, although there were some exceptions, particularly in the
Court of Grave Crimes.
Although the constitution prescribes equal status for prosecutors
and defense attorneys, in practice prosecutors' privileges and rights
outweighed those of the defense. Judges reserved the right to remove
defense lawyers in civil cases for ``good cause.'' In criminal
proceedings, judges may remove defense lawyers because of a conflict of
interest or if a defendant requests a change of counsel. In addition,
judges often showed preference to prosecutors when assessing motions,
oral statements, and evidence submitted by defense counsel.
The law limits representation in criminal cases to members of a
government-controlled collegium of lawyers (bar association). Since
there were only 768 collegium members, of which only an estimated 415
were practicing, access to licensed legal representation was
restricted, particularly outside of Baku.
On August 9, the president signed a decree increasing the number of
judges in the country to 600.
The constitution prohibits the use of illegally obtained evidence;
however, despite some defendants' claims that testimony was obtained
through torture or abuse, no cases based on claims of abuse were
dismissed, and there was no independent forensic investigator to
determine the occurrence of abuse. Judges often simply ignored claims
of police mistreatment. Investigations often focused on obtaining
confessions rather than gathering physical evidence against suspects.
Serious crimes brought before the courts most often ended in
conviction, as judges generally required only a minimal level of proof
and collaborated closely with prosecutors. In the rare instances in
which judges determined that the evidence presented was not sufficient
to convict a defendant, they could return cases to the prosecutor for
additional investigations, effectively giving the prosecutors
subsequent chances for convictions.
Aside from the Court of Grave Crimes and the Military Court of
Grave Crimes, courts often failed to provide translators. Each court is
entitled to contract translators during hearings, and such expenses
must be covered by the Ministry of Justice.
There were no verbatim transcripts of judicial proceedings;
testimony, oral arguments, and judicial decisions were not recorded.
Instead the court officer generally took notes that tended to be sparse
and decided what, if anything, should be included in the notes. For
example, during Eynulla Fatullayev's Court of Appeals trial, which ran
from August through the end of the year, Fatullayev argued that the
protocol produced by the lower court did not reflect his own words (see
section 2.a.).
The country has a military court system with civilian judges. The
military court retains original jurisdiction over any case in which
crimes related to war or military service are adjudicated.

Political Prisoners and Detainees.--Local NGOs maintained that the
Government continued to hold political prisoners, although estimates of
the number varied. During the year the Government released between 11
and 14 individuals whose imprisonments were considered to have been
politically motivated, including six journalists and two bloggers and
youth activists (see section 2.a.). At year's end, NGO activists
maintained that the Government held between 20 and 46 political
prisoners.
Elchin Amiraslanov, Safa Poladov, and Arif Kazimov, who had been
listed in the 2005 Council of Europe experts report on political
prisoners, remained incarcerated during the year.
Some estimates of the number of political prisoners included
persons arrested in 2005 on charges of plotting a coup and subsequently
convicted of corruption.
There were no reliable estimates of the number of political
detainees. Most political detainees received sentences of between 10
and 15 days in jail, which were often described as ``administrative
detention'' sentences.
The Government generally permitted unrestricted access to alleged
political prisoners by international humanitarian organizations such as
the ICRC as well as UN representatives.

Regional Human Rights Court Decisions.--Citizens have the right to
appeal court decisions on human rights cases to the ECHR within six
months of the first Supreme Court ruling on a case. Citizens continued
to exercise this right frequently. At year's end there were
approximately 100 cases involving the country awaiting action by the
ECHR.
According to the ECHR Web site, during the year it issued 18
decisions in favor of Azerbaijani citizens. According to news agency
APA, Azerbaijani citizens applied mostly for protection of property
rights (nine cases), protection of freedoms and security rights (eight
cases), and fair hearing (four cases).
On April 22, the ECHR ruled that the imprisonment of journalist
Eynulla Fatullayev violated his right to freedom of expression and that
the Government therefore should immediately release him. As of year's
end, the Government had not complied with the ruling (see section
2.a.).
During the year the ECHR ruled in two separate cases that
authorities had violated the rights of opposition candidates Nemat
Aliyevand Flora Kerimova under the European Convention on Human Rights
by declaring progovernment candidates the winners in the 2005
parliamentary elections in their respective districts.
On November 9, the ECHR ruled in favor of former Minister for
Economic Development Farhad Aliyev, who had challenged the length of
his pretrial detention. The court awarded him 16,000 euros ($21,400)
for nonmaterial damage and 25,000 euros ($33,500) for legal expenses.
At year's end, another case submitted by Aliyev regarding his
corruption conviction remained pending; he was arrested in 2005 on coup
plotting charges but convicted on corruption charges. On November 9,
Eldar Salayev, who was detained in the Aliyev case, also won a judgment
from the ECHR for excessively long detention.
There were seven cases during the year involving property rights:
one case, Safarova v. Azerbaijan, involved a dispute regarding a police
station located on Safarova's property. The remaining six property
cases involved internally displaced persons squatting in the apartment
of the legal owner.

Civil Judicial Procedures and Remedies.--The law does not provide
for an independent and impartial jury in civil matters. District courts
have jurisdiction over civil matters in their first hearing; appeals
are addressed by the Court of Appeals and then by the Supreme Court.
Citizens have the right to bring lawsuits seeking damages for, or
cessation of, human rights violations. As with criminal trials, all
citizens have the right to appeal to the ECHR within six months of the
first Supreme Court ruling on their case.

Property Restitution.--NGOs reported that the laws governing
eminent domain were sufficient. However, in practice these laws were
not respected. Domestic monitors reported that the number of property
rights complaints they received continued to rise, compared with
previous years. NGOs further reported that the Government did not
rigorously enforce its own expropriation laws, especially outside of
Baku. These NGOs reported that citizens did not trust the country's
court system and were reluctant to pursue compensation claims. In 2009
the Baku Executive Authority announced its plan to redevelop a section
of the downtown area running from Heydar Aliyev Palace towards
Azerbaijan Drama Theater. Residents of two main streets (Fuzuli and
Shamsi Badalbeyli) were notified that they had to vacate their homes,
for which they would be compensated at AZN 1,500 ($1,830) per 11 square
feet. Human rights defenders reported that water, electricity, and gas
were shut off in the buildings to force occupants to vacate. At year's
end, residents remained dissatisfied, and tensions with local
authorities continued. Most houses had, however, been demolished and
fenced off from residents.
During the year six of the 18 cases on which the ECHR ruled
involved property rights (see section 1.e).

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits arbitrary invasions of privacy and
monitoring of correspondence and other private communications; the
Government did not respect these legal prohibitions in practice.
The constitution allows for searches of residences only with a
court order or in cases specifically provided by law; however,
authorities often conducted searches without warrants. It was widely
believed that the Ministry of National Security and the Ministry of
Internal Affairs monitored telephone and Internet communications,
particularly those of foreigners, prominent political and business
figures, and persons engaged in international communication. In one
such incident in 2009, the Ministry of National Security identified and
questioned many of the 43 persons who voted via text message for the
Armenian entry into the annual Eurovision song contest. After an
investigation, the European Broadcasting Union, which ran the contest,
decided not to sanction the country's public television channel but
changed its rules so that, in the future, the television company that
broadcasts the program will be responsible for the actions of the
telephone companies with which it works.
Police continued to intimidate and harass family members of
suspected criminals.
Military service is universal for all men age 18 to 35. Waivers
exist for physical reasons such as poor eyesight. There was a
widespread belief that a waiver from military service could be
purchased. Citizens also believed that assignments to easier military
duties could be bought. The constitution provides alternative service
for conscientious objectors; however, the law on military service
provided no clear implementation mechanism. Some chose to go to jail
rather than serve in the military.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press and specifically prohibits press censorship;
however, the Government often did not respect these rights in practice.
During the year the Government released six journalists and two
bloggers, but limited media independence remained a problem.
In September the international NGO Article 19 reported that freedom
of expression had ``significantly deteriorated'' in the country since
2005 for journalists, activists, and ordinary citizens. Article 19
found that self-censorship had become ``pervasive'' and that many civil
society and political party activists felt that they were living in an
environment increasingly hostile to freedom of expression. The
international NGO International Crisis Group stated that ``the absence
of a free and constructive exchange of information and ideas breeds an
atmosphere of distrust and resentment.'' Nevertheless, many opposition
parties continued to publish newspapers, and human rights activists
were mostly able to conduct their work without fear of reprisal.
On October 9, police raided the office of the proreform youth
movement Dalga, evicting members from the premises. Dalga closed its
offices on October 11. The raid reportedly took place in response to
Dalga members' publicly wearing T-shirts depicting democratic reformer
Mammad Emin Rasulzade, the president of the first Azerbaijan Democratic
Republic in 1918-1920.
In 2009 the Government amended the law on mass media to make it
easier for the Government to close a publication.
A number of opposition and independent media outlets operated
during the year. The print media expressed a wide variety of views on
government policies, although objective, professional reporting was
rare. The broadcast media adhered almost exclusively to a progovernment
line in their news coverage.
Most print outlets in the country were organs of the ruling party,
opposition parties, or were thought to be connected to prominent
government officials. Newspaper circulation rates, both government and
opposition, were low, not surpassing 5,000 in most cases. Many
newspapers were circulated only in the capital. There were eight
national television stations and 14 regional outlets. There were 11
national radio broadcasters. The Government prohibited Voice of
America, Radio Free Europe/Radio Liberty, and the BBC from broadcasting
on national FM frequencies and national television. Without these
international broadcasters, the public did not have access to unbiased
news on any widely available broadcast media. There also were several
national state-owned newspapers and numerous newspapers funded by city
or district-level officials.
On July 22, National Press Day, President Aliyev allocated AZN
20,000 ($24,390) to each of 32 newspapers. The group of 32 newspapers
included those associated with the Government and with the opposition.
On August 1, the publisher of Azadliq, one of two major opposition
daily newspapers, barred Azadliq employees from printing activities for
two days because of a reported AZN 16,000 ($19,510) debt owed to the
publisher. Press reports of the incident stated that the editor in
chief, Qanimat Zahid, characterized this demand for payment as
government pressure and taking back its previous financial aid.
Some private television stations operated, but independent media
monitoring found their programs to be biased in favor of the ruling
party. ANS Television, the audience leader, was generally regarded as a
source of relatively balanced news coverage prior to its temporary
closure by the National Television and Radio Council (NTRC) in 2006.
However, most media monitors believed ANS had since adopted a more
cautious, self-censored approach to news coverage, often broadcasting
the same news and news angles as government-sponsored media. In an
August ANS analytical program, journalist Mirshahin Agayev criticized
imprisoned journalist Eynulla Fatullayev and disparaged civil society
and opposition groups for advocating his release. Many observers
believed the program was ordered by the Government and demonstrated the
decline in the broadcaster's independence.
The OSCE/ODIHR's media monitoring concluded that ``all monitored
television channels devoted a considerable portion of their coverage to
state authorities and their activities. Progovernment candidates gained
an advantage prior to the commencement of the official campaign period
as their competitors received hardly any news coverage on the monitored
television channels.''
During the year the Government released six journalists; however,
two remained imprisoned or were jailed during the year on criminal
convictions for libel and other charges supposedly unrelated to their
work. International and local commentators believed that the Government
targeted the journalists due to their criticism of government figures
and policies.
On March 17, the Government released Ganimat Zahid, editor in chief
of Azadliq newspaper after a presidential pardon. Zahid had been
convicted of hooliganism and inflicting minor bodily harm in 2007.
International and domestic observers considered his imprisonment to be
politically motivated.
On July 6, the Qarabagh District Court sentenced Eynulla Fatullayev
to two years and six months of imprisonment for heroin possession. At
the time of the ruling, Fatullayev was serving an eight-year, six-month
prison sentence on charges of supporting terrorism, inciting ethnic
hatred, and tax evasion. International and domestic observers
considered his imprisonment politically motivated. The OSCE
representative on media freedom called the drug charge ``highly
improbable.'' Local human rights defenders believed the drug case was
brought to keep Fatullayev imprisoned in anticipation of an ECHR ruling
exonerating him on the previous charges. On April 22, the ECHR ordered
Fatullayev's immediate release and awarded him compensation. The
Government appealed the decision to the Grand Chamber of the ECHR,
which on October 4 refused to hear the case. On November 5, the Court
of Appeals held a hearing remanding Fatullayev into detention pending
his appeal hearing on the drug conviction. On November 11, the Plenum
of the Supreme Court formally absolved Fatullayev of the incitement and
libel charges but increased his tax evasion sentence to two years, six
months--essentially time served. Fatullayev remained in detention
pending the appeal of his drug conviction at year's end.
On November 2, the Gubadly District Court sentenced Guzgu newspaper
correspondent Kamran Bayaliyev (Kamran Sekhavet) to one year of
corrective labor for hooliganism and inflicting intentional minor
bodily injuries. The Institute for Reporters' Freedom and Safety (IRFS)
considered this sentence to be retribution for articles Bayaliyev
published in 2009 criticizing local authorities in Jeyranbatan for
alleged corruption. At the end of the year, the case had moved to the
Sumqayit Court of Appeals.
A number of journalists who criticized government officials in the
course of their work were subjected to harassment, threats, and acts of
physical violence that appeared to be connected to their criticism of
the Government or public officials. The Government did not hold
perpetrators accountable. According to Reporters without Borders,
independent and opposition journalists were under constant pressure
because of their work.
A media-monitoring NGO reported that during the year there were 106
incidents involving verbal or physical assaults on journalists,
compared with 51 such cases in 2009.
For example, according to Human Rights Watch, on May 15,
authorities arrested Seymur Haziev, a reporter for Azadlig and Bizim
Yol, for taking part in a rally calling for the lifting of restrictions
on freedom of assembly in advance of the November parliamentary
elections. Police took Haziev, along with 30 others, to a police
station and interrogated him without allowing him access to a lawyer.
Haziev was charged with resisting arrest and sentenced to seven days'
imprisonment by a Baku court. Haziev told Human Rights Watch that, on
May 17, he was taken from his cell and escorted to a room where two men
kicked and hit him periodically during a one-hour interrogation in
which they asked Haziev why he wrote articles critical of President
Ilham Aliyev and the Government. On May 22, Haziev was released. After
the incident, Haziev filed a complaint against the police. At year's
end the case was still pending.
On July 28, Yeni Musavat reported that unidentified men attacked
reporters Elmin Badalov and Anar Gerayli while they were taking
photographs for an investigative story about luxury villas on the
outskirts of Baku that allegedly belonged to Transportation Minister
Ziya Mammadov. While they were taking pictures of the villa, three cars
pulled up and six men got out, beat the two reporters, and threatened
their lives. The unidentified men held the two journalists for three
hours around the premises and then released them after deleting the
photographs. Immediately after reporting the incident, Yeni Musavat
lodged a complaint with the police. However, at year's end, the police
had yet to summon either victim.
The editor in chief of Komanda newspaper, Rashad Ergun, claimed
that, on August 22, soccer player Mahmud Gurbanov assaulted him in
retaliation for an August 15 article he wrote that was critical of
Gurbanov. Ergun sued Gurbanov, and the case was under investigation at
year's end.
In January 2009 police assaulted Afgan Mukhtarli, a reporter for
the opposition newspaper Yeni Musavat. According to Human Rights Watch,
Mukhtarli alleged that the Yasamal District police chief ordered the
attack. Mukhtarli had previously written articles criticizing the
police chief.
In April 2009 Yasamal District police beat three employees of ANS
Television as they were filming the controversial destruction of a
mosque. The employees received minor injuries, and their equipment was
destroyed. Police eventually compensated the channel for the equipment
but did not return the video of the incident.
Police physically assaulted three journalists, Elchin Hasanov,
Afgan Mukhtarli, and Natig Adilov, in front of Police Department No. 39
in Sabail District in May 2009. The journalists were reporting on the
detention of a group of youth who had protested against the celebration
of ``flower day'' and the absence of any official mourning for the
victims of the mass killing at the Azerbaijan State Oil Academy. On
April 2, the Sabail District Court dismissed the journalists' complaint
against the police. The journalists filed an appeal, which was heard on
November 2 by the Court of Appeals. During the hearing, a video was
shown with footage of police assaulting the journalists. Defense
witness Rufet Alakberov testified that the police officers who
assaulted the journalists were not employees of the Sabail District
Police Office. After deliberation, the judge dismissed the lawsuit.
In September 2009, unknown assailants beat the editor in chief of
Ayan newspaper, Javid Alasgaroglu, and threw him into a trash dump.
Alasgaroglu sustained serious injuries and was hospitalized. The
victim's family attributed the incident to Alasgaroglu's professional
activity. The newspaper had published several critical articles about
government officials.
Emin Huseynov, a reporter who was chair of the IRFS, was
hospitalized after being beaten by police in 2008 while covering the
breaking up of a public meeting by police. He later filed suit against
the Ministry of Internal Affairs, charging that no legal action had
been taken against his attackers.
There were no indications that authorities held any police officers
accountable for physical assaults on journalists in recent years.
Serious concerns remained about impunity in the 2005 killing of
Elmar Huseynov. Media and human rights activists continued to call on
the Government to investigate the case fully. Those highlighting the
lack of accountability for the killing during the year included the
OSCE's representative for freedom of the media, the International
Crisis Group, and a group of nine international NGOs. Imprisoned
journalist Eynulla Fatullayev issued an appeal in March asserting that
a senior National Security Ministry official had organized Huseynov's
murder, that the ministry had attempted to block his and others'
independent investigation of the murder, and that the ministry had him
arrested for having continued to investigate the killing. Within weeks
of Fatullayev's statement, his father reported a death threat made
against both of them if they did not ``shut up once and for all.'' The
Committee to Protect Journalists concluded that Fatullayev's
imprisonment was in reprisal for his extensive coverage of Huseynov's
unsolved murder.
In February the Milli Majlis amended two laws to implement several
changes approved in the March 2009 constitutional referendum that limit
media freedom. These included a prohibition on videotaping or
photographing anyone without their permission. The authorities
implemented this prohibition selectively. For example, on July 20,
citing the law, Presidential Administration guards harassed a group of
journalists who were photographing and filming a protest in Sabirabad
by residents unhappy with the Government response to flood damage in
the region. The guards detained IRFS and Turan Information Agency
employees Javid Gurbanov and Mehman Huseynov, Radio Liberty
correspondent Abbas Atilay, and Bizim Yol newspaper correspondent Haji
Zeynalov. The guards seized the journalists' videotape, erased images
of administration buildings, and issued a warning that they were not
authorized to film or photograph the administration's premises. In
contrast, authorities took no action to apply the law when Lider
Television broadcast a video of an opposition newspaper editor engaged
in a sexually explicit act with a woman on October 25, weeks away from
the November parliamentary elections. A nationwide television station,
Lider was considered to be closely aligned with the Government.
Although pro-opposition journalists openly criticized government
officials, a combination of intimidation and a desire not to alienate
potential advertisers led most independent journalists and editors to
practice some degree of self-censorship.
Suspect lawsuits were also used to intimidate journalists. For
example, during the year there were 40 civil cases against media.
Lawsuits were filed against the following media outlets and
journalists: six cases were brought against opposition newspaper Yeni
Musavat, three against its deputy editor in chief Azar Ayxan, and one
against its editor in chief Rauf Arifoglu. Three lawsuits were filed
against Azadliq and its reporter Alovsat Osmanly. Two lawsuits were
filed against Bizim Yol news and its correspondent Natig Jadaly. Four
lawsuits were brought against Gundelik Baki newspaper and one against
Hurriyet newspaper. Lawsuits were also filed against Olke newspaper,
its editor in chief Rafael Bejanov, and its reporters Elmidar Bayramov,
Nijat Daglar, Nasimi Sharafkhanly, and Zulfugar Huseynli. Six lawsuits
were filed against Khural newspaper's editor in chief Avaz Zeynally and
deputy editor in chief Malahat Zeynally. Lawsuits also were brought
against Dunya Kriminaly newspaper, Trend Information Agency, Milletim
newspaper's Faramaz Novruzoglu, P.S. Nota newspaper, editor in chief
Saradar Alibayli, and Tribuna Information Agency.
These 40 civil lawsuits were filed by Ramiz Mehdiyev, the head of
the Presidential Administration; the Text-book Evaluation Council of
the Ministry of Education; Mahin Orujova, the director of Children
Music School # 3; Elsevar Akhundov, a military unit commander; Ikhtiyar
Shirin, a former prosecutor general; Rasim Musayev, the chief of the
Ganja City Police Department; Jalal Aliyev, a member of parliament;
Novruzali Aslanov, a member of parliament; the head of the Binagadi
Municipality; imprisoned editor in chief of Ideal newspaper Nazim
Guliyev; Dilshad Amirova, an owner of the Bina Shopping Center; Nina
Ahmadovam, a citizen; and Singer Karim. Anar Mammadov, son of Minister
of Transportation Ziya Mammadov, filed a lawsuit against Azadliq and
Yeni Musavat newspapers demanding each be fined AZN 500,000 ($609,760).
During the year a total of AZN 37,500 ($45,730) in fines were
levied against media organizations. The highest amounts were fines
against the Tribuna Agency, an independent on-line agency known for
criticizing low- to mid-level officials, for AZN 20,000 ($24,390) and
Khural newspaper, a weekly paper known for its pan-Turkish ideas, for
AZN 10,000 ($12,195).
The law allows for large fines and up to three years' imprisonment
for persons convicted of libel. Administration officials stated
publicly in April 2009 that this provision would be removed from the
criminal code, and subsequently courts overturned the conviction of two
journalists for libel. However, the Government's statements
notwithstanding, libel remains a criminal offense.
In previous years the Government used defamation suits and the
threat of exorbitantly high fines for libel to intimidate and harass
the media. Fine payments due from previous defamation suits threatened
the financial viability of the print media and journalists. Government
reliance on measures that hampered the printing and distribution of
independent newspapers and magazines remained largely unchanged.
Most newspapers and magazines were printed in government publishing
houses or on private printing presses owned by individuals who had
connections with government officials. The majority of independent and
opposition newspapers remained in precarious financial situations; they
continued to have problems paying wages, taxes, and periodic court
fines. Most relied on political parties or influential sponsors for
financing. According to prominent journalists, government
representatives directly or indirectly dissuaded companies and
institutions from placing advertising in opposition media. As a result,
paid advertising was largely absent in opposition media.
The Government prohibited some state libraries from subscribing to
opposition newspapers, prohibited state businesses from buying
advertising in opposition newspapers, and pressured private business to
do the same. Political commentators noted this practice reduced the
wages that opposition and independent outlets could pay to their
journalists, allowing progovernment outlets to hire away quality staff.
In addition, international media monitoring reports indicated that
intimidation by officials of the Ministry of Taxes further limited the
independence of the media.
There were no restrictions on systems to receive satellite
broadcasts by foreign stations, but the NTRC continued to impose a
general requirement that local, privately owned television and radio
stations not rebroadcast entire news programs of foreign origin.
In October, nine international NGOs reported that the environment
for journalists in the regions was more restrictive than in Baku. They
highlighted the situation in the exclave of Nakhchivan as especially
dangerous. In 2009, Nakhchivan- and Baku-based journalists reported
that authorities in Nakhchivan continued to block distribution of
opposition newspapers.

Internet Freedom.--The Government generally did not restrict access
to the Internet, but it required Internet service providers to be
licensed and have formal agreements with the Ministry of Communications
and Information Technologies. The Ministry of Communication and
Information Technologies reported that 45 percent of the population
used the Internet; broadband access reached 12 percent of the
population, and there were 14 computers per 100 inhabitants.
There was no evidence to confirm the widely held belief that the
Government monitored Internet traffic of foreign businesses and
opposition leaders. On October 8, users of the satirical www.eqreb.com
Web site could access it only through proxy servers outside of the
country, since it was blocked from direct access within the country. A
local NGO monitoring the media situation in the country assessed the
move as government censorship.
Domestic observers stated that during the year, the Government did
not block Web sites throughout the majority of the country. However,
the same observers indicated that Web sites were blocked routinely in
the exclave of Nakhchivan.
On November 18, authorities suspended the sentence of youth
activist and blogger Adnan Hajizade and released him on parole. On
November 19, a court ordered the release of youth activist and blogger
Emin Milli under the same conditions. Police had arrested Hajizade and
Milli in July 2009 when they complained to police about an attack on
them by two men. Hajizadeh and Milli were sentenced to prison terms of
24 months and 30 months, respectively, in November 2009.

Academic Freedom and Cultural Events.--The Government on occasion
restricted academic freedom.
Some domestic observers raised concerns about the Government's
selection of participants for state-sponsored study abroad programs.
The Government maintained that its selection process was transparent
and that political affiliation was not a factor.
Opposition party members continued to report difficulties in
finding jobs teaching at schools and universities. Most known
opposition party members teaching in state educational institutions had
been fired in previous years.
On January 19, the State Oil Academy dismissed student Elmin
Badalov, who also worked as a journalist for the Poligon information
agency. At the end of 2009 Badalov had published an article regarding
bribery cases and financial fraud at the academy. On April 5, Badalov
filed a lawsuit challenging his dismissal and appealed to the Court of
Appeals on May 5. As of the end of the year, the case was pending at
the Supreme Court.
During the fall parliamentary election campaign, students reported
pressure from the administration to avoid cooperation with independent
election monitoring organizations as well as pressure to vote for the
Government's candidate. During the 2008 presidential election campaign,
students at several universities reported pressure from deans to avoid
cooperation with an independent NGO monitoring the election. Some
students reported being directed by the deans of their faculties to
change voter registration from their home districts so that they would
have to vote at the university. Others reported that universities
required students to attend pro-presidential rallies, providing
transportation and threatening students with expulsion if they did not
attend. In another case students were threatened with expulsion from
their dormitory if they participated in election monitoring.
There were no reports of government restrictions on cultural
events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly; however, the
Government severely restricted this right in practice. Although the law
stipulates that groups may peacefully assemble only with prior
notification of relevant government bodies, the Government continued to
interpret this provision as a requirement for advance permission from
local officials.
During the year the Government continued to require all rallies to
be preapproved and held at designated locations far removed from city
centers, a stipulation that most political parties and NGOs found
unacceptable. Authorities throughout the country routinely refused such
requests.
The Government denied opposition, NGO, religious freedom advocates,
and others' requests to hold rallies on multiple occasions and broke up
several unsanctioned pickets and demonstrations, often detaining
participants for several hours. Many of these detentions were arbitrary
(see section 1.d.)
For example, on May 15, the opposition Azadliq coalition held an
unsanctioned rally in Baku. Police detained 10 participants from the
opposition: five protesters for seven days and five for five days.
On June 5, the Azadliq coalition held another unsanctioned rally in
Baku. After breaking it up, police briefly detained 19 participants.
On June 12, Musavat and the Popular Front Party (PFP) held an
unsanctioned demonstration in Baku. Police detained 32 persons
including activists Ramiz Khalilov (Musavat) and Abulfaz Gurbanly (PFP)
for 10 days each. Police also issued official warnings to Arif Hajily
and Tofig Yagublu and fined Tural Abbasly and Ahad Mammdli each AZN 25
($30).
On June 19, the Azadliq coalition again held an unauthorized
protest in Baku. Police detained 83 participants. The police later
released 79, but four activists were detained for several days.
On July 3, opposition parties held a united unsanctioned
demonstration in Baku. Police detained approximately 70 participants.
Prior to the demonstration, police detained three opposition activists
at their homes: Tural Abbasly, Yalchin Abbasly, and Ahad Mammadli. The
court issued them official warnings and fined them each AZN 25 ($30).
Police also detained nine other opposition activists prior to the
protest, including Fuad Gahramanly, Razi Nurullayev, Nuraddin Mammadli,
and Abulfaz Gurbanly. Police took 10 or 11 protesters to Sabayil
District Police Station #8 and released them that evening. Police drove
the remaining protesters, nearly 60 individuals, 40 miles away from
Baku to Gobustan and inexplicably abandoned them in an isolated area.
On July 31, opposition parties PFP, Classic Popular Front, and
Musavat held an unsanctioned demonstration in Baku; police detained
more than 100 protesters. Police issued warnings to 10 protesters;
seven were detained for 10 days, one for eight days, and two for seven
days. Police fined seven persons AZN 20-25 ($25-30). Police bused 20
protesters 40 miles away from Baku to Gobustan and dropped the
protesters there, leaving them to find their own ways back to the city.
On August 9, Turan News Agency reported that the Baku Mayor's
Office refused to authorize a rally of unregistered NGOs. The NGOs
requested permission to rally on a square near the Ministry of Justice
on August 4. The mayor's office refused on the grounds that the rally
would disturb people resting in the square and demonstrating near state
facilities is not allowed.
Prior to October 10, the PFP-Musavat Block applied to the Baku
Mayor's Office for permission to hold a rally on October 10 in support
of freedom of assembly. Reportedly, Chairman of the Central Election
Commission Mazahir Panahov said that the assembly was in violation of
the election code because it was outside the designated campaign
period. The opposition block disagreed with this characterization of
its intent but moved the assembly to October 17. The Baku Mayor's
Office again withheld permission. In the run up to parliamentary
elections, the PFP-Musavat Block did not hold any unauthorized rallies.
On December 9, Minister of Education Misir Mardanov announced that
girls were not allowed to wear hijab (headscarf) at school. News
organizations reported that during a December 10 rally attended by
hundreds protesting this ban outside of the Ministry of Education,
police arrested 12 demonstrators. On December 15, approximately 100
persons in the Masalli region reportedly participated in a rally
opposing the hijab ban. Two persons reportedly were arrested. On
December 16, in Nardaran village, several thousand protested the ban.
Yusif Alikramoglu, Hajikuli Hashimov, and Azer Sarjanov were
arrested for breaking a window at a school in Baku to protest the ban
on hijab at schools. On December 23 they were released. The accused
said they had been arrested on a framed-up charge, reported the Centre
for Protection of Religion.

Freedom of Association.--The law provides for freedom of
association, although in practice the Government's restriction of this
right tightened during the year. A number of provisions allow the
Government to regulate the activities of political parties, religious
groups, businesses, and NGOs, including a requirement that all
organizations register either with the Justice Ministry or the State
Committee on Work with Religious Associations. Although the law
requires the Government to act on registration applications within 30
days of receipt, vague, cumbersome, and nontransparent registration
procedures continued to result in long delays that effectively limited
citizens' right to associate.
In June 2009 the Milli Majlis amended the law on NGOs to add new
restrictions on freedom of association. While officials removed the
most troublesome provisions of the first draft of the amended law, the
new amendments contained some restrictions, including requiring
deputies of NGO branches to be Azerbaijani citizens and requiring
foreign NGOs to sign an agreement with the Government before opening an
office. In December 2009 President Aliyev issued a decree making
further changes to the law on NGOs. International and local NGOs were
concerned by a new provision in this decree that requires NGOs to
register all grants they receive with the Ministry of Justice.
Some NGOs estimated that approximately 1,000 such groups remained
unregistered at year's end.
For example, the NGO Election Monitoring Center (EMC), which the
ministry deregistered in 2008, attempted to register as a new
organization, the Election Monitoring and Democracy Studies Center
(EMDS) that December. The organization was denied registration on what
observers believed to be unsubstantial grounds. In November 2009 the
EMC appealed to the ECHR; the case remained pending at year's end. On
February 2, EMDS appealed its registration application to the Supreme
Court. On August 13, the Supreme Court returned the case to the Court
of Appeals, where it remained at year's end.
Human Rights Watch reported that the Ministry of Justice denied
registration to the Television and Alternative Media Development Center
three times during the year.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation; however, the Government limited freedom of movement at
times, particularly for internally displaced persons (IDPs).
The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to IDPs, refugees, returning
refugees, asylum seekers, stateless persons, and other persons of
concern. The State Migration Service was responsible for all refugee
matters, including refugee status determination. International NGOs
continued to report that this department, created in 2007, remained
inefficient and did not operate transparently.
Since 2006 the Government has prevented the foreign travel of PFP
chairman Ali Kerimli, by refusing to renew his passport, citing an
outstanding civil complaint against him from 1994. The Government had
renewed Kerimli's passport on several occasions in the intervening
years without objection. Kerimli filed an appeal on the decision, which
was rejected at all levels of the court system. Kerimli submitted his
case to the ECHR in January 2009 and was awaiting a judgment at year's
end.
After the parliamentary elections, the Government prevented former
candidate and democracy activist Bakhtiyar Hajiyev from crossing the
border into Georgia to pursue graduate studies, citing his obligation
to complete mandatory military service. Observers believed that the
authorities did so because of Hajiyev's activism, which included
placing evidence of electoral fraud on You Tube.
The law requires men of draft age to register with military
officials before traveling abroad. Those pursuing higher education may
request a deferment to complete their studies. The law on military
service does not stipulate deferments for undergraduate or graduate
studies although military draft boards commonly granted such deferments
upon presenting annual proof of enrollment. Some travel restrictions
were placed on military personnel with access to national security
information. Citizens charged with or convicted of criminal offenses
and given suspended sentences were not permitted to travel abroad.
Officials regularly extracted bribes from individuals who applied for
passports.
While official government policy allows citizens of ethnic Armenian
descent to travel, low-level officials reportedly often requested
bribes or harassed ethnic Armenians who applied for passports. Some
Armenians of mixed descent reported to a local NGO that they had
problems with officials in the passport and registration department
when applying for identification cards. Applicants with Azerbaijani
surnames who applied encountered no problems except for having to pay
bribes.
Since his 2004 conviction for participating in postelection
demonstrations in 2003, the Government prevented the former imam of the
Juma Mosque in Baku, Ilgar Ibrahimoglu, from traveling outside the
country. At the close of the year, his status remained unchanged.
The law prohibits forced exile, and the Government did not employ
it.

Internally Displaced Persons.--As of year's end, the UNHCR reported
that there were 592,860 registered IDPs in the country, representing
151,085 families. The vast majority fled their homes between 1988 and
1993 as a result of the Nagorno-Karabakh conflict.
IDPs were required to register their place of residence with
authorities and could live only in approved areas. This so-called
``propiska'' system, a carryover from the Soviet era, was imposed
mainly on persons who were forced from their homes after ethnic
Armenian separatists took control of the Nagorno-Karabakh region and
adjacent territories in the western part of Azerbaijan. The Government
asserted that registration was needed to keep track of IDPs to provide
them with assistance. According to the Internal Displacement Monitoring
Center, many IDPs who resided in Baku were unable to register their
residence, gain access to formal employment, government assistance,
health care, education, or pensions and had difficulty buying property.
The UNHCR reported that during the year, the Government built three
new IDP settlements (one rural and two urban) in Aghdam, Yevlakh, and
Goranboy. During the last year 7,047 IDPs (1566 families) were
relocated to these settlements. By the end of the year, the total
number of new settlements was 67 for 20,000 families comprising 90,000
individuals.
The State IDP and Refugee Committee reported that on February 27,
in Gabala 155 IDP families were re-housed in two newly constructed
buildings. It reported that on November 10, in Yevlakh 612 IDP families
were re-housed in a new building. It reported that on November 11, in
Aghdam Region, a new settlement opened for 689 IDP families.
Additionally, 70 IDP families in Baku were relocated to a five-story
building in Absheron Region. The committee moved 40 IDP families,
temporarily settled in Zaraghan village of Gabala Region, to a new
apartment. In the area of Goranboy Region the construction of five-
story buildings for 164 IDP families and a school building for 360
pupils were completed.
During the year 2,360 IDPs were provided with permanent jobs, and
4,458 individuals received seasonal jobs; 123 were eligible for
unemployment assistance. The committee enrolled 363 individuals in
vocational training, and 312 were involved in payable public
activities. An additional 97 various community microprojects were
completed by the Social Development Fund for IDPs.
The State IDP and Refugee Committee reported its 2010 budget was
AZN 340 million ($414.6 million), up from 307.8 million AZN in 2009
($375.4 million). IDPs received monthly food subsidies and heating fuel
subsidies in the winter.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to some refugees through
the Refugee Status Determination Department. While the department
progressed in many ways, improvement was offset by a series of court
rulings on refugee status determinations that rejected all appeals of
negative asylum decisions.
In practice the Government provided some protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion. As of December 31, the UNHCR had 1965 individuals registered
with them: 1,891 refugees and 74 asylum seekers, a decrease of 9
percent from 2009. The State Migration Service reported that it had
granted 69 individuals refugee status during the year. According to the
UNHCR, most of these individuals were ethnic Azerbaijanis from Iran.
The Government did not provide any notable assistance to government- or
UNHCR-recognized refugees or asylum seekers.
The two largest groups among the refugees are the Chechens and
Afghans. The Government did not recognize most refugees as refugees
under the 1951 convention. As a result, the UNHCR continued to carry
out all protection and assistance functions for populations of concern
in the country.
Despite UNHCR recognition of Chechens and Afghans as populations of
concern, the laws on residence, registration, and the status of
refugees and IDPs do not apply to these populations. They are required
to register with police and are not entitled to residence permits.
Chechens are permitted to enter the country visa-free under a bilateral
passport system with Russia.
According to the UNHCR, 82 Chechens sought and were granted
temporary protection during 2009, a 40 percent decrease from the
previous year. All refugee children registered with the UNHCR were
allowed to attend public schools. However, because Chechens and Afghans
did not have legal resident status in the country, they were not
permitted access to public medical services. The UNHCR provided basic
medical assistance with the support of foreign donors.
During 2009, 100 Afghans arrived and registered with the UNHCR, a
decrease from previous years. Afghans complained of police visits to
their homes, with the implied threat of deportation. There were no
reports of forced return of Afghans. Afghan community leaders reported
that the UNHCR denied protection to 50 persons during the year. In
addition, they reported that UNHCR benefits were not enough to support
their families, and that without legal status in the country it was
impossible to find work.
The Government has no legal mechanism to provide temporary
protection to individuals who do not qualify as refugees. However, the
Government accepted the UNHCR identification cards issued to Chechens
and Afghans.

Stateless Persons.--Citizenship is derived by birth within the
country or from one's parents. The law provides for the right to apply
for stateless status. However, in practice many persons could not
obtain the documentation required for the application and therefore
remained formally unrecognized. The law on citizenship was amended in
2008 to make it harder for foreigners and stateless persons to obtain
citizenship.
According to UNHCR statistics, the Government reported there were
2,078 stateless persons in the country at the end of 2009. The vast
majority of these persons were ethnic Azeris from Georgia or Iran. NGOs
estimated there were many other undocumented stateless persons, with
estimates ranging from hundreds to tens of thousands, among them
Meskhetian Turks, whose status was not formally recognized and who did
not possess stateless certificates.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully; however, the Government continued to
restrict this right in practice by interfering in elections. The law
also provides for an independent legislature; however, the Milli
Majlis's independence was minimal, and it exercised little legislative
initiative independent of the executive branch. Unlike previous
elections since the country's independence, no opposition party members
obtained seats in the flawed November 7 parliamentary elections.

Elections and Political Participation.--On November 7,
parliamentary elections held throughout the country included the
participation of progovernment and opposition political parties.
However, these elections did not meet a number of international
standards for a democratic election. According to domestic and
international observers, shortcomings included a deficient candidate
registration process, constraints on freedom of assembly and
expression, a restrictive political environment, imbalanced media
coverage of candidates, and unequal treatment of candidates by
authorities. The OSCE/ODIHR final report concluded that overall, the
elections did not meet a number of key OSCE commitments for democratic
elections and important elements of domestic legislation.
In June the Milli Majlis amended the election code with little
public debate. Some of the amendments partially addressed concerns
raised by the Council of Europe and the OSCE. However, other provisions
further shortened the overall election period and the election campaign
phase and eliminated limited state funding for candidates. The
structure of election commissions at all levels--a longstanding
problem--was not made more balanced by the amendments, and concerns
remained over the eligibility of candidates, complaints, appeals
procedures, and the equality of the vote.
In the run-up to the November parliamentary elections, the
Government limited opposition parties' right to assemble by insisting
that such demonstrations and candidate meetings with voters take place
far from the center of Baku, often in places difficult to reach via
public transportation (see section 2.b.).
Opposition parties and local NGOs reported widespread interference
in the candidate registration process. Election officials registered
nearly 100 percent of the ruling Yeni Azerbaijan Party candidates, but
only 30-40 percent of opposition party candidates. Media monitors
concluded that news coverage favoring the ruling Yeni Azerbaijan Party,
combined with restrictive interpretations of public assembly laws,
created an unlevel playing field for candidates during the official
campaign period and exposed citizens to no meaningful political debate.
The Central Election Commission (CEC) organized televised roundtables
for all candidates, granting each candidate four minutes to present his
or her platform and political views.
Authorities accredited a large number of international and domestic
observers; however, officials individually registered monitors from
EMDS, one of the country's largest domestic observer organizations, and
reportedly refused to accredit 40 EMDS monitors without providing a
just cause. Although international observers saw domestic monitors in
over half of the polling stations visited, precinct election
commissions hindered independent domestic and international monitoring.
EMDS reported that its observers encountered pressure from local
authorities on election day and afterwards, despite a November 6 appeal
from the EMDS chairman to the CEC chairman.
International observers negatively rated 11 percent of voting
procedures and 32 percent of vote counts in observed polling stations.
They found the vote tabulation process insufficiently transparent and
frequently inconsistent with procedures. The OSCE final election report
also concluded that the CEC and courts generally did not respect due
process in reviewing post-election complaints and appeals. The
Constitutional Court confirmed the CEC's final election results while
cases were still pending and before all legal deadlines for appeals had
expired. According to the CEC, voter turnout was just under 50 percent,
although most independent observers placed the figure at approximately
20 percent.
In the post-election period, there were reports of pressure on
election observers, candidates, and family members.
On November 9, Hafiz Aliyev, brother of EMDS election monitor
Jeyhun Aliyev, was fired from his job as a biology teacher. On November
10, Jeyhun Aliyev's father was fired from his job as a history teacher.
On November 8, the chairman of the 103rd election district, Khalig
Khudaverdiyev, called EMDS election monitor Imamverdi Valiyev to demand
an official letter withdrawing Valiyev's formal complaints of election
violations.
One day before the November 7 parliamentary elections, Sakhavat
Aliyev (candidate for opposition party Musavat) showed to OSCE long
term observers a copy of an unsigned, but otherwise completed, protocol
of election results for precinct #3 in his district (Sharur #2), which
Radio Liberty's Web site later reported on. After it was reported, his
family received four threatening telephone calls, and on November 14,
the police detained Sakhavat's younger brother Sabit for seven days
without charge. Sabit had served as one of Sakhavat's election
observers. On December 10, in the Nakhchivan village of Pusyan, police
officers severely beat other Aliyev family members, including
Sakhavat's brother, Chapay Aliyev, who sustained a head injury. Police
also beat five other members of the family: two female cousins, his
sister, and his brother-in-law. During the same incursion, police
bulldozed the family shop. The local hospital refused treatment of one
of the women who sought help. Ambulances refused to pick up victims.
Taxi drivers refused to transport victims to the hospital. Local NGOs
reported a police cordon around the village. On or about December 25,
the police dissolved the cordon, but at year's end, Chapay Aliyev had
still not received medical attention.
On November 22, Mammadgulu Aliyev went on a week-long hunger strike
in protest of his and his son Hafiz's firing from their jobs as
teachers in Nakhchivan. Mammadgulu Aliyev was the head of Musavat
Party's local branch. Aliyev and his son observed the election and
linked the loss of their jobs to their drawing attention to the
electoral fraud they observed.
The IRFS reported on December 7 that Zulfugar Tagiyev had been
fired from a job he had held for 20 years with the Sharur Region
Electricity Network Office. IRFS reported that Tagiyev was told he had
been fired because he and his family had voted for Sakhavat Aliyev.
Tagiyev also alleged that he did not yet have his letter of dismissal,
which prevented him from going to court. Tagiyev sought relief from the
Nakhchivan Supreme Assembly (parliament) and the Sharur Region Police
Department.
Also on December 7, IRFS reported that the head of the Sharur
Region Communications Office had asked for the resignation of Zakir
Asgarov, who was an independent election observer.
In December 2009 municipal elections were held throughout the
country. Media monitors concluded that all television stations largely
ignored the preelection period. Political parties were required to have
candidates registered in at least one-half of all municipalities in
order to qualify for free airtime during this period, a requirement
that only the ruling Yeni Azerbaijan Party met and subsequently refused
to use. Opposition parties and local NGOs reported interference in the
candidate registration process. Official results showed a turnout of
approximately 32 percent, which was low for the country and indicated
the general apathy of voters to these elections. Although the CEC
announced plans to rerun some races in response to postelection
complaints, such elections had not been held by year's end.
In March 2009 authorities held a national referendum on 41 proposed
changes to 29 articles of the constitution. The changes included, among
other items, the removal of term limits on the presidency and a
provision that postpones elections in times of war. Little time was
given to the Milli Majlis or the public to discuss the changes sought
by the administration. Opposition groups reported widespread
harassment, including arrests and detention, while collecting
signatures for registration and during the campaign period. Voters
lacked the information necessary to make an informed choice on the
large number of referendum items.
Balloting procedures on referendum day were flawed and widely
considered worse than the 2008 presidential election. Observers also
noted significant shortcomings in the counting and tabulation process.
Voter turnout was estimated by observers at 43 percent, rather than the
official tally of more than 71 percent. This lower figure exceeded the
25 percent threshold needed under the law for referendum to be valid.
In the 2008 presidential election, the final report of the OSCE
election observation mission stated that the election indicated that
the country had made considerable progress toward meeting its OSCE
commitments and other international standards, especially regarding
some technical aspects of election administration, but found that the
election process did not meet all of these commitments. The period
prior to the 2008 election was marred by continued restrictions on
freedom of speech and freedom of assembly for the main opposition
parties. The main opposition parties boycotted the election, citing
these restrictions and problems with the election code, especially
provisions limiting their ability to campaign effectively.
The ruling Yeni Azerbaijan Party continued to dominate the
political system. Domestic observers reported that membership in the
ruling party conferred advantages such as being given preference for
public positions. Despite having formed political blocs in advance of
the November parliamentary elections, none of the main opposition
parties won seats to the Milli Majlis according to the official
results.
Members of the opposition were more likely to experience official
harassment and arbitrary arrest and detention than other citizens.
Regional branch opposition party members reported that local
authorities often took actions to prevent routine party activities,
such as pressuring restaurant owners not to allow opposition parties to
use their facilities for meetings and events. Regional party members
often had to conceal the purpose of their gatherings and hold them in
remote locations. Opposition party members reported that police often
dispersed small gatherings at tea houses and detained participants for
questioning. For example, in a northern region, an opposition candidate
reported that he was not informed regarding the time that the electoral
commission would meet to consider his registration application.
Therefore, the commission rejected his application, and he was not
there to advocate on his own behalf. There were widespread complaints
that an insufficient number of petition sheets were distributed to
ensure a candidate made it through the registration process.
Since 2006 opposition parties have had difficulties renting office
space; some parties operated out of their leaders' apartments
reportedly because landlords were afraid to rent office space to them
due to official pressure.
After the November 7 parliamentary elections, there were 19 women
in the incoming parliament, up from 14 women in the previous
parliament. Several women held senior government positions, including
deputy speaker of the Milli Majlis. Hijran Huseynova was the chairwoman
of the Committee for Family, Women, and Children Affairs, a ministerial
level position. There were no legal restrictions on the participation
of women in politics, although traditional social norms limited women's
political roles, and they were underrepresented in governmental
offices. No woman filled an ExCom (local authority) position.
Minorities such as the Talysh, Avars, Russians, and Jews serve in
the Milli Majlis and in government.
Section 4. Official Corruption and Government Transparency
The law penalizes corruption by prohibiting bribery; however, there
was widespread corruption with impunity throughout society, including
in the civil service, government ministries, and the highest levels of
government.
The World Bank's worldwide governance indicators reflected that
corruption was a severe problem. Transparency International reported
some improvement during the year due to the establishment of a
financial intelligence unit and improved coordination and cooperation
in combating corruption-related violations in the field of state and
municipal property management. However, the International Crisis Group
reported that there was an increased reliance on corruption by elites
``to dominate virtually all aspects of public life.''
Criminal cases related to petty corruption were opened during the
year, specifically on bribery charges. However, these cases had little
or no impact on the prevalence of bribery and petty and grand
corruption in the country. In 2009 the Presidential Administration
removed from office the appointed head of the Executive Committee of
the Nizami District of Baku, Mehbali Aliyev, reportedly due to
corruption. No criminal charges had been filed against Aliyev as of the
end of the year.
Law enforcement corruption was a problem. Police often levied
spurious, informal fines for traffic and other minor violations and
extracted protection money from local residents. In previous years,
traffic police officers received substantial pay raises to counter
corruption; nevertheless, the low wages of other law enforcement
officials continued to contribute to police corruption. During the year
the ministry reported that it dismissed and brought criminal cases
against six police officers: one on bribery charges and five officers
on four counts of extortion. The Ministry of Justice reported that it
called to account 220 justice officials and dismissed 26 employees from
various Ministry of Justice facilities.
The Ministry of Internal Affairs reported that it received 174
complaints about its actions with accusations of violations of human
rights and liberties, including: 51 cases of rude treatment, 38 cases
of groundless detention, 46 instances of improperly issuing a police
summons, 22 violations of drivers' rights, five cases of forced
criminal accountability with no grounds, three violations of rights of
foreigners or persons without citizenship, and nine miscellaneous
offenses. According to the ministry, it disciplined 276 employees,
demoted 18, fired 20, and applied other disciplinary measures to 238.
There were reports that police officials required additional money
on top of court fines in order to return prisoners' clothing and
release them.
Key provisions of the Government's 2007 national strategy for
increasing transparency and combating corruption still had not been
implemented at year's end. The strategy established a framework for
increasing the accountability of government, cooperating with civil
society, and systematically monitoring and reporting on the
implementation of anticorruption measures. One of the national
strategy's main elements, the law on financial disclosure, requires
officials to report their annual income, sources of income, property,
and financial liabilities. It also prohibits nepotism and limits gifts
and direct or indirect financial benefits to public officials or third
parties.
The law provides for public access to government information by
individuals and organizations; however, the Government often did not
provide access. Although government ministries have separate procedures
on how to request information, they routinely denied requests, claiming
not to possess the information. Individuals have the right to appeal
the denials in court; however, the courts generally upheld the
decisions of the ministries.
Azerbaijan participated in the Extractive Industries Transparency
Initiative (EITI) which requires it to adhere to 12 agreed EITI
principles to manage natural resources for the benefit of all members
of society by creating a cooperative relationship between government,
companies, and civil society, and to disclose payments and revenues
received from extractive industries.
In February 2009 Azerbaijan was the first participating county to
be named fully compliant by the International EITI Board. The State Oil
Fund of Azerbaijan (SOFAZ), which is responsible for implementing EITI
principles, also increased access to information about oil and gas
revenues. However, some observers complained that the fund was not
designed, governed, or managed to ensure expenditures were geared
towards poverty alleviation or the delivery of public services.
Moreover, observers noted that the country's oil and gas revenues were
not managed in full by SOFAZ or subject to EITI transparency practices.
While all of the 26 oil and gas companies in the country participated
in the EITI process, only a handful of companies agreed to disaggregate
revenue reporting. In February the country created the mutli-
stakeholder group, a monitoring body made up of equal members from the
Government, private industry, and civil society. This group was created
to ensure the active engagement of civil society and to facilitate
public debate. Many of its recommendations were incorporated into the
2010 work plan.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Although the
Government maintained ties with some human rights NGOs and responded to
their inquiries, on occasion the Government criticized and intimidated
other human rights NGOs and activists. The Ministry of Justice
continued routinely to deny registration to some human rights NGOs.
NGOs continued to report throughout the year that NGOs whose names
contained the following words were routinely rejected for registration:
human rights, democracy, institute, and society. In addition, the
reasons for rejection were arbitrary. For example, the Ministry of
Justice accepted the charter for one NGO that the ministry liked but
rejected the same charter, except for a different organizational name,
for an NGO that the ministry did not like. Another NGO's registration
was rejected for lack of a plural ending. A number of cases were making
their way through the court system. The Ministry of Justice stated that
it only denied those organizations whose documents did not comply with
legislation.
On August 9, Turan News Agency reported that the Baku Mayor's
Office refused to authorize a rally of unregistered NGOs. The NGOs
requested permission to rally on a square near the Ministry of Justice.
There were approximately 1,000 unregistered NGOs. During the year the
Ministry of Justice registered 124 NGOs.
The major local human rights NGOs were the Association for the
Protection of Women's Rights, the Bureau of Human Rights and Respect
for the Law, the Azerbaijan Foundation of Democracy Development and
Human Rights Protection, the Azerbaijani Committee against Torture
(ACAT), the Institute for Peace and Democracy, the Helsinki Citizens'
Assembly, IRFS, and the Human Rights Center of Azerbaijan. Most of the
leading NGOs were affiliated with one of two independent, umbrella
organizations, the Human Rights Federation and the Monitoring Group of
Human Rights Organizations.
In 2009 some NGOs reported increased pressure against their
activities. For example, the minister of internal affairs sued Leyla
Yunus, leader of the Institute of Peace and Democracy, for an interview
she gave to an online newspaper in which she criticized the police. The
minister subsequently dropped the case. In addition, several election
observers affiliated with EMDS were harassed by local authorities in
connection with their observation activities (see sections 2.b. and 3).
Several NGOs reported that the Government and police at times
refused to protect them from so-called provocateurs who threatened,
harassed, and attacked NGO activists and vandalized their property.
During the year some local NGOs reported increased pressure on citizens
who filed official complaints against local authorities. For example,
in April human rights activist and chairman of the Defense of Democracy
Public Union Vidadi Isgandarov published an article in the newspaper
Azadlig concerning police bribery in the Goychay District. On May 3,
the Goychay District former Chief of Police, Vugar Mammadyarov; the
Chief of Administrative Prosecutions, Bakhtiyar Hashimov; and the head
of the investigation office, Rufat Ibayev, filed a lawsuit against
Isgandarov charging him with slander. The court case was pending at
year's end.
In December 2009 a group of Nakhchivan State University leaders and
students reportedly beat two representatives of the Nakhchivan
Democracy and NGO Development Resource Center who were investigating
corruption at the university. The group from the university also
reportedly threatened a journalist with the IRFS who arrived at the
scene of the assault. The NGO representatives called the police before
the attack, as they feared an attack was imminent and needed
protection. However, the police did not arrive until after the
assailants had left the scene. Local authorities reportedly responded
by denying that the events occurred and scheduling a tax inspection of
the center for January 2010. The audit resulted in an AZN 332 ($393)
fine due to the belated submission of a statement. The NGO maintained
that the Tax Authority was supposed to inform them first of the need to
submit the statement before levying the fine. During the year the NGO
also had a problem with maintaining an office space and was forced to
vacate twice. At the end of the year, it had no office space.
In 2009 Akifa Aliyeva of the Helsinki Citizens' Assembly fled the
country after reporting repeated harassment by local authorities in
connection with her work defending the rights of a Ukrainian prisoner
in Ganja. She has remained abroad since.
The registration process for NGOs remained cumbersome and included
requirements to register grants from foreign entities. NGO grants from
foreign entities were subject to a social security tax of 22 percent on
employee salaries, although grants from a few countries with bilateral
agreements with the Government were subject only to a 2 percent tax.
NGO activists reported that these provisions inhibited their
organizations' activities.
During the year the Council of State Support to NGOs provided AZN
2.10 million ($2.56 million) to 352 NGOs, an increase from the AZN 1.8
million (approximately $2.2 million) distributed to 250 NGOs in 2009.
While many of these NGOs were considered to be progovernment, some NGOs
that were critical of the Government also received grants. One NGO sued
the council for revoking a grant awarded to the organization. The NGO
stated the grant was revoked after the NGO submitted an official
complaint about the council's grant review process, which the NGO
alleged was corrupt. The Supreme Court dismissed the case on June 30.
The Government generally permitted visits by UN representatives and
other international organizations, such as the ICRC. International
NGOs, such as Reporters without Borders, generally operated without
government hindrance.
Citizens may appeal violations committed by the state or by
individuals to the Ombudswoman for Human Rights, Elmira Sulevmanova.
The ombudswoman may refuse to accept cases of abuse that are more than
a year old, anonymous complaints, and cases already being handled by
the judiciary. The ombudswoman received 8,000 appeals in 2009, of which
83.7 percent were complaints about developments that occurred during
the year; 51 percent of these complaints were accepted for
investigation. Of those investigated, 44.7 percent were successfully
resolved. The Milli Majlis elected Sulevmanova to a second term on
March 5.
During 2009 the ombudswoman reported that the Human Rights National
Action Plan working group, which included five subcommittees, continued
to work on areas identified as priorities in the action plan. During
the year the ombudswoman traveled around the country to hear human
rights complaints, cooperated with foreign diplomats and domestic NGOs
working on human rights, and submitted an annual report to the Milli
Majlis.
The Milli Majlis and the Ministry of Justice also had human rights
offices that heard complaints, conducted investigations, and made
recommendations to relevant government bodies. Officials of the Human
Rights Office within the Ministry of Foreign Affairs regularly met with
the diplomatic community to discuss issues of concern.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status, but the Government did not always respect
these prohibitions in practice or effectively enforce them.

Women.--Rape is illegal and carries a maximum 15-year prison
sentence. The Government reported 35 rapes during 2009. The Government
reported 16 cases of rape or attempted rape brought against 15 persons
and a further 48 cases of gender-based violence against 40 individuals.
Most rape victims reportedly knew their assailants but did not
report incidents because of fear and shame.
There are no laws on spousal abuse or specific laws on spousal
rape, although these crimes could be prosecuted under other sections of
the criminal code if a spouse complained. Violence against women,
including domestic violence, continued to be a problem. In rural areas
women had no effective recourse against assaults by their husbands or
others.
There were no government-sponsored programs for victims of rape or
domestic violence. In Baku a women's crisis center operated by the
Institute for Peace and Democracy provided free medical, psychological,
and legal assistance to women. The center also worked on a number of
projects funded by international donors to combat gender-based violence
and trafficking in persons in the Caucasus region. Representatives of
the institute regularly appeared on popular television talk shows to
discuss women's issues.
The law prohibits sexual harassment; however, the Government rarely
enforced the prohibition. No organization was specifically dedicated to
receiving these complaints.
Couples and individuals have the right to decide freely the number,
spacing, and timing of their children. Information was accessible so
families and individuals could make reproductive decisions free from
discrimination, coercion, and violence. Contraception was widely
available, but demographic surveys showed low levels of use. Skilled
attendance during childbirth was accessible, as was prenatal care and
essential obstetric and postpartum care. According to estimates
compiled by international organizations, the maternal mortality rate
was approximately 38 deaths per 100,000 live births in 2008. Women and
men had equal access to the diagnosis and treatment for sexually
transmitted infections, including HIV. However, patriarchal norms,
based on cultural, historical, and socioeconomic factors, in some cases
limited women's reproductive rights.
Women nominally enjoy the same legal rights as men; however,
societal discrimination was a problem. Traditional social norms and
lagging economic development in the country's regions continued to
restrict women's roles in the economy, and there were reports that
women had difficulty exercising their legal rights due to gender
discrimination. Women were underrepresented in high-level jobs,
including top business positions. A local NGO reported that women's
salaries were on average 70 percent of men's salaries.

Children.--Citizenship is derived by birth within the country or
from one's parents.
The law requires the Government to protect the rights of children
with regard to education and health care. In practice government
programs provided a low standard of education and health care for
children. While education was compulsory, free, and universal until the
age of 17, large families in impoverished rural areas sometimes placed
a higher priority on the education of male children and kept girls to
work in the home. Some poor families forced their children to work or
beg rather than attend school. A Baku NGO working with street children
reported that boys and girls begging and/or engaged in prostitution
earned three times as much in a month as a teacher.
On December 29, news reports indicated that in the Khojasan
District of Baku, parents were keeping their girls at home and not
sending them to school in protest of the hijab ban announced by the
Minister of Education earlier that month (see section 2.b.).
The Ministry of Internal Affairs did not provide any information on
the number of cases of rape or sexual abuse of children reported during
the year. There were reports that children were trafficked for sexual
exploitation and begging. During the year three of the identified
victims of sex trafficking were under the age of 18.
One international NGO and two local NGOs reported a growing problem
with child marriage. The Social Union of Solidarity among Women (SUSW)
stated that statistical data was unavailable from governmental
agencies. SUSW reported that the problem had spread from the southern
and northern regions to the entire country. Legislation is not
particularly clear; early marriages could be prosecuted on the basis of
Articles 34 of the constitution and Articles 152 and 153 of the
criminal code, but no cases have been prosecuted. SUSW found that
rural-area girls were marrying in the eight and ninth grades. Girls
marrying in religious marriage contracts (kabin or kabin-nama) evaded
governmental bodies and the laws cited above and were not entitled to
recognition of status in case of divorce. The American Bar Association
(ABA) reported that a 12-year-old inadvertently revealed to her
classmates that ``my husband is picking me up.'' The ABA also reported
on trying to help a woman left without assets or property after being
divorced from her husband at age 15. SUSW reported numerous cases of
men moving to Russia for work, but leaving their underage wives in
Azerbaijan.
Statutory rape is prohibited by law and defined as ``the sexual
relations or other actions of sexual nature, committed by a person who
has reached 18, with a person who has not reached 16'' and is
punishable by up to three years' imprisonment. The law states that a
girl can marry at the age of 17 and with the local authority's
permission at the age of 16. The law further states that a boy can
marry at the age of 18. In 2002 the Caucasus Muslim Board issued a
fitva (fatwa) that stated 18 as the marriage age, but the fitva failed
to have much effect on the religious marriages of kabin.
Child pornography is prohibited by law, and its production,
distribution, or advertisement is punished by three to five years'
imprisonment. If the pornography is created by the parents of the child
or by teachers or other educators, the punishment increases to four to
seven years' imprisonment.
A large number of refugee and IDP children lived in substandard
conditions. In some cases these children were unable to attend school.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction.

Anti-Semitism.--There were no credible reports of anti-Semitic acts
against the country's Jewish community.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

National/Racial/Ethnic Minorities.--Some of the approximately
20,000 citizens of Armenian descent living in the country historically
complained of discrimination in employment, schooling, housing, the
provision of social services, and other areas. Citizens who were ethnic
Armenians often concealed their ethnicity by legally changing the
ethnic designation in their passports. There were no reports of
violence against Armenians during the year.
Some groups reported sporadic incidents of discrimination,
restrictions on the ability to teach in their native languages, and
harassment by local authorities. These groups included Talysh in the
south, Caucasian Lezghins in the north, displaced Meskhetian Turks, and
displaced Kurds from the Lachin Region controlled by Armenia-supported
Nagorno-Karabakh separatists.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Numerous incidents of police
brutality against individuals based on sexual orientation occurred,
according to a local NGO. Authorities did not investigate or punish
those responsible for such acts, largely because victims were unwilling
to file complaints due to fear of social stigma.
During the year, members of the lesbian, gay, bisexual, and
transgender (LGBT) community continued to refuse to lodge formal
complaints with law enforcement bodies out of fear of reprisal or
retaliatory persecution. Also during the year, the LGBT community held
almost monthly gatherings; these were routinely raided.
During 2009 police raided gay bars on four occasions and arrested
almost 50 persons. Police reportedly held the individuals and
threatened to expose their sexuality publicly unless they paid a bribe.
The human rights Ombudsman's Office intervened to resolve the
incidents.
There was one NGO that worked on LGBT issues in the country. This
NGO worked to prevent the spread of HIV/AIDS and provided legal advice,
psychological assistance, and outreach activities. The NGO reported no
official harassment of its work. There were no attempts to organize gay
pride marches during the year; however, there was a small gathering on
May 17 to commemorate International Anti-Homophobia Day.
On August 11, police found the bodies of two transgendered
individuals, Zamiq Gasimov and Yadigar Kuzmin, in Baku. The police
arrested three perpetrators who admitted to killing the two on the
basis of hatred toward sexual minorities. A local NGO reported that it
was unable to obtain updates on the case, for which the investigation
had been closed.
In December the Prosecutor General's office issued a statement
regarding a murder investigation that could be interpreted as linking
``nontraditional'' sexual orientation to criminal behavior.
There was societal prejudice against LGBT persons. While being
fired from a job for sexual orientation remained illegal, LGBT
individuals reported that employers found other reasons to fire them.
Discrimination in access to healthcare was also a problem.

Other Societal Violence or Discrimination.--There were no reports
of societal violence or discriminations against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law provides for freedom of
association, including the right to form labor unions, but there were
some restrictions on this right in practice. Uniformed military and
police are prohibited from joining unions. The law also prohibits
managerial staff from joining a union, but managers in government
industries often had union dues automatically deducted from their
paychecks.
The law allows trade unions to conduct their activities without
government interference; however, in practice most unions were not
independent. The overwhelming majority of labor unions remained tightly
linked to the Government, with the exception of some journalists'
unions.
The Azerbaijani Trade Union Confederation (ATUC), the only trade
union confederation in the country, represented approximately 37
percent of the workforce in the formal economy. Although the ATUC was
registered as an independent organization, some workers considered it
closely aligned with the Government.
The law provides most workers with the right to strike. Categories
of workers prohibited from striking include high-ranking executive and
legislative officials; law enforcement officers; court employees; fire
fighters; and health, electric power, water supply, telephone, railway,
and air traffic control workers. Striking workers who disrupt public
transportation could be sentenced to up to three years' in prison. The
law prohibits retribution against strikers, such as dismissal or
replacement. Both local and international NGOs claimed that workers in
most industries were largely unaware of their rights and afraid of
retribution if they initiated complaints. This was especially true for
workers in the public sector.
Although the labor law applied to all workers and enterprises, the
Government could negotiate bilateral agreements that effectively
exempted multinational enterprises from national labor laws. For
example, production-sharing agreements (PSAs) between the Government
and multinational energy enterprises did not provide for employee
participation in a trade union. Labor organizations and local NGOs
reported that some of these companies discouraged employees from
forming unions, and most employees of multinational enterprises
operating under PSAs were not union members, although there were
exceptions. Workers employed by British Petroleum were unionized, but
the situation was worse in other multinational corporations, especially
companies run by Chinese subcontractors. The ATUC reported that in 2009
there was some progress in starting new unions and that multinational
corporations in the country had begun to welcome these initiatives.
The law prohibits trade unions from carrying out political
activities and from associating with political parties or receiving
finances from political parties, but this provision was not uniformly
enforced.
Many of the state-owned enterprises that dominated the formal
economy withheld union dues from workers' pay but did not deliver the
dues to the unions. A quarter of the dues collected for the oil
workers' union were officially withheld by employers for
``administrative costs'' associated with running the union. However,
the complete lack of transparency made it impossible to tell exactly
how dues were spent. Unions and their members had no recourse to
investigate withheld funds.
Membership in the Union of Oil and Gas Industry Workers remained
mandatory for the State Oil Company's 65,000 workers, whose union dues
(2 percent of each worker's salary) were automatically deducted from
their paychecks.

b. The Right to Organize and Bargain Collectively.--The law
provides workers with the right to bargain collectively; however,
unions could not effectively negotiate wage levels and working
conditions because government-appointed boards ran major state-owned
firms and set wages for all government employees. Collective bargaining
agreements were often treated as formalities and not enforced. The ATUC
reports that during the year, there were 130 new agreements for a total
of 11, 890 collective contracts. In addition, ATUC reported that there
were 1,971 collective contracts signed between non-state sector and
trade unions, which is a 7.5 percent per annum increase. The ATUC also
reported that during the year, 88 new trade union organizations were
created, including 11 organizations with 2,157 members in joint
ventures or enterprises with foreign investments.
There were reports of antiunion discrimination by foreign companies
operating in Baku. Labor NGOs reported that multinational energy
companies and their subcontractors often discouraged union membership
by their employees. For many multinational companies, the absence of
union membership rights in the PSAs facilitated this behavior.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The constitution and
law prohibit forced or compulsory labor, except in circumstances of war
or in the execution of a court's decision under the supervision of a
government agency. Some observers reported that there were occurrences
of forced or compulsory labor Additionally, men and boys were
trafficked to Russia for forced labor. Also, see the Department of
State's annual Trafficking in Persons Report at www.state.gov/g/tip.
The Building and Wood Workers' International Union (BWI) reported
that the Independent Trade Union of Construction Complex Workers of
Azerbaijan; the Trade Union of Construction and Construction Materials
of Bosnia and Herzegovina; the Trade Union Construction, Housing, and
Communal Services of Republika Srpska; and BWI signed a cooperation
agreement on the protection of migrant workers' rights in Eastern
Europe on April 1. According to BWI, the impetus for the agreement was
the situation with company SerbAz, which operated in Azerbaijan with
workers from Bosnia and Herzegovina and Serbia. The SerbAz case was
discovered in October 2009 and involved approximately 496 victims.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law provides for the protection of children from exploitation in the
workplace and from work that is dangerous to their health, and there
were few complaints of abuses of child labor laws. Two local NGOs
stated that the drastic decline in cotton production has reduced the
number of children working in this sector. In addition the Government,
through an NGO, has conducted outreach to further address the issue.
Children were also reportedly trafficked for commercial sexual
exploitation and begging. Also, see the Department of State's annual
Trafficking in Persons Report at www.state.gov/g/tip.
The minimum age for employment depended on the type of work. In
most instances the law permits children to work from age 15; children
age 14 may work in family businesses or, with parental consent, at
after-school jobs during the day that pose no hazard to their health.
Children under 16 may not work more than 24 hours per week; children
between the ages of 16 and 18 may not work more than 36 hours per week.
The law prohibits employing children under 18 in difficult and
hazardous work conditions. The Ministry of Labor and Social Security is
responsible for enforcing child labor laws. However, the unit
responsible is considered ineffective.

e. Acceptable Conditions of Work.--The Government raised the
minimum wage to AZN 85 (approximately $104) per month on August 31. The
minimum wage was administratively set. Domestic NGOs reported that this
wage was not enough to provide a decent standard of living for a worker
and family. The Ministry of Taxes, the Ministry of Labor, and the State
Social Protection Fund share responsibility for enforcing the minimum
wage. However, in practice the minimum wage was not effectively
enforced.
The law provides equal rights to foreign and domestic workers.
However, local human rights groups, including the Oil Workers Rights
Defense Council, maintained that employers, particularly foreign oil
companies, did not always treat foreign and domestic workers equally.
Domestic employees of foreign oil companies often received lower pay
and worked without contracts and health care. The Oil Rights Defense
Council also reported that resolving labor issues with large
international companies was far easier than with local companies
because the multinational companies had more experience and more
transparency in their labor relations. A representative from the
International Labor Organization (ILO) noted that many persons working
in governmental regulatory bodies also had business interests, causing
conflicts of interest.
The law provides for a 40-hour workweek; the maximum daily work
shift is 12 hours. Workers in hazardous occupations may not work more
than 36 hours per week. The law requires lunch and rest periods, which
are determined by labor contracts and collective agreements. It was not
known whether local companies provided the legally required premium
compensation for overtime, although international companies generally
did. There was no prohibition on excessive compulsory overtime.
However, most individuals worked in the informal economy, where the
Government did not enforce contracts or labor laws.
The law sets health and safety standards; however, government
inspections of working conditions were weak and ineffective, and
standards were widely ignored. The ATUC monitored compliance with labor
and trade regulations, including safety and health conditions. The ATUC
received 236,220 complaints in 2008. Conversely, the Ministry of Labor
reported receiving only one complaint.
The law sets health and safety standards; however, government
inspections of working conditions were weak and ineffective, and
standards were widely ignored. ATUC received 158,627 complaints during
the year, down from 236,220 in 2009.
The International Trade Union Confederation reported that the
Government's bilateral agreements with multinational corporations, the
contents of which were confidential, contributed to labor rights
violations. In 2007 the Oil and Gas Workers' Union of Azerbaijan
reached a new contract with the State Oil Company that included greater
social protections and health and safety commitments. By the end of
2009, only 20 percent of the contract's points had been met, and no
update was available at year's end.
Workers did not have the right to remove themselves from situations
that endangered their health or safety without jeopardizing their
employment. According to information provided by the Azerbaijan office
of the ILO, in 2009 there were 33 fatal accidents and 122 injuries in
the first six months of the year, with 18 deaths and 38 injuries in the
construction sector alone. According to the Oil Workers Rights Defense
Council, an NGO dedicated to protecting worker rights in the oil
sector, there were nine deaths in 2010: seven at the State Oil Company,
one at Salyan Oil, and one at Asfen Tekfen. There were also seven
injuries in the oil sector. The Oil Workers Rights Defense Council
reported initiating 37 court cases, of which 17 were successful.

__________

BELARUS

Belarus is a republic with a population of 9.5 million. The country
has a directly elected president, who is chief of state, and a
bicameral ``parliament,'' the National Assembly, consisting of the
Chamber of Representatives (lower house) and the Council of the
Republic (upper house). A prime minister appointed by the president is
the nominal head of government. In practice, however, power is
concentrated in the presidency. Since his election as president in
1994, Alyaksandr Lukashenka has consolidated his power over all
institutions and undermined the rule of law through authoritarian
means, including manipulated elections and arbitrary decrees.
Subsequent presidential elections, including the one held on December
19, were neither free nor fair, and fell well short of meeting
international standards. The 2008 parliamentary elections also failed
to meet international standards. Security forces reported to civilian
authorities and to the president in particular.
During the year authorities continued to commit frequent, serious
abuses in a system bereft of checks and balances, and dominated by the
president. Authorities denied citizens the right to change their
government, manipulating the December 19 presidential election to
ensure that the president would not be seriously challenged. The
election administration lacked independence and impartiality;
opposition candidates faced an uneven playing field and a restrictive
media environment, and the vote count was marked by a lack of
transparency. The Government failed to account for past politically
motivated disappearances. Security forces beat detainees and
protesters, used excessive force to disperse peaceful demonstrators,
and reportedly used torture during investigations. A crackdown on a
postelection demonstration led to the arrest of over 700 activists,
including criminal charges against five presidential candidates and
numerous activist and journalists. Reports of abuse of prisoners
continued, and prison conditions remained extremely poor. Authorities
arbitrarily arrested, detained, and imprisoned citizens for criticizing
officials, participating in demonstrations, and other political
reasons. Impunity remained a serious problem. The judiciary lacked
independence, and suffered from inefficiency, and political
interference; trial outcomes were often predetermined, and many trials
were conducted behind closed doors. Authorities continued to infringe
on citizens' privacy rights, and to target opposition youth leaders for
military conscription. The Government further restricted civil
liberties, including freedom of speech, press, assembly, association,
religion, and freedom of movement. The Government seized printed
materials from civil society activists and prevented independent media
from disseminating information and materials. The Government continued
to hinder or prevent the activities of religious groups other than the
Belarusian Orthodox Church, at times fining or deporting their leaders
for conducting services. Official corruption in all branches of
government continued to be a problem. Authorities harassed, fined, and
prosecuted nongovernmental organizations (NGOs) and political parties,
refusing to register many and then threatening them with criminal
prosecution for operating without registration. Violence and some
discrimination against women were problems, as was violence against
children. Trafficking in persons remained a significant problem,
although some progress was made in combating it. There was
discrimination against persons with disabilities, Roma, ethnic and
sexual minorities, persons with HIV/AIDS, and those who sought to use
the Belarusian language. Authorities harassed and at times dismissed
members of independent unions, severely limiting the ability of workers
to form and join independent trade unions and to organize and bargain
collectively.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports during the year that the Government or its agents committed any
arbitrary or unlawful killings; some human rights observers contended
that authorities staged the apparent suicide of Aleh Byabenin, a
prominent independent journalist and opponent of the Government (see
section 2.a.).

b. Disappearance.--Following the postelection arrests and
detentions of hundreds of protestors on the evening of December 19 (see
section 1.d.), the whereabouts of some high-profile detainees remained
unknown for days. For example, presidential candidate and Tell the
Truth movement leader Uladzimir Nyaklyaeu, after being beaten by
individuals believed to be members of the country's special forces, was
abducted from the hospital by unknown individuals believed to be state
security officials. Hospital officials subsequently reportedly stated
that Nyaklyaeu had been discharged and ``left on his own two feet.'' On
December 20, Lukashenka announced at a press conference that Nyaklyaeu
was being held at the Committee for State Security (KGB) detention
facility.
In March police reportedly suspended an investigation into the
abduction of opposition youth leader Zmitser Dashkevich on the grounds
that they failed to identify any suspects. Activists reported that in
December 2009 security forces abducted Dashkevich near his home in
Minsk, drove him to a forest approximately 40 miles north of the city,
forced him out of the car, and left him there.
The prosecutor general further extended his 10-year-long
investigation into the 1999 disappearance of former interior minister
and opposition leader Yury Zakharanka and in August, for the first
time, he sent Zakharanka's mother an official reply to her numerous
requests for details of the investigation. The letter stated that the
prosecutors were studying various theories of the case, including those
that related it to Zakharanka's political activities. There were no
developments in the continuing investigations into the 2000
disappearance of journalist Zmitser Zavadski, and the 1999
disappearances of opposition activist Viktar Hanchar and businessman
Anatol Krasouski. There was evidence of government involvement in these
cases, but authorities continued to deny any connection with the
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, the KGB, riot
police, and other security forces continued to beat detainees and
demonstrators routinely.
Police frequently beat individuals during arrests, as well as
persons detained for organizing or participating in demonstrations and
other opposition activities (see section 2.b.). For example,
approximately 20 democratic activists complained that police bruised
and scratched them on February 8 while they were detained for two hours
for fingerprinting and identity checks after riot police forcibly broke
up peaceful rallies in support of detained activists Mikalay
Autukhovich and Uladzimir Asipenka from Vaukavysk. On February 14,
police violently dispersed a St. Valentine's Day march staged by the
Malady Front opposition youth organization and arrested 22 activists,
four of them minors. The detainees reported that at least five of their
number were beaten, and Tatsyana Shaputska, a Malady Front member
previously expelled from the Belarus State University (BSU) for
political activities, suffered a minor concussion.
On February 16, security forces manhandled and arrested
approximately 20 democratic activists demonstrating in downtown Minsk
in remembrance of opposition leaders who disappeared in 1999 and 2000.
Police seized a number of persons as they approached the venue and
arrested others in the square a few minutes later. Officers in
plainclothes used force against journalists, blocking their photograph
and video cameras, and pushing them away from the demonstrators. Six
activists from the European Belarus campaign, who were charged as a
result of their participation in these events, claimed to prosecutors
that they experienced brutal and inhumane treatment at the hands of
police.
After forcibly dispersing demonstrators in Minsk on May 6, police
reportedly beat participant and former political prisoner Alyaksandr
Kazulin and other democratic activists. The demonstration, involving
more than 50 activists, took place outside the Supreme Court following
the announcement of guilty verdicts in a criminal case against two
Vaukavysk activists and two other persons.
On May 27, police in Minsk detained and severely beat opposition
youths, including Franak Vyachorka and Zmitser Parmon, as they were
preparing for an organized cycling event to pay tribute to a national
poet. Parmon required immediate medical assistance and underwent
surgery on his broken collarbone. On June 2, he informed prosecutors
about the beating and urged them to open an investigation. In their
reply the prosecutors' told Parmon that his injuries were due to his
own ``carelessness.''
On July 9, unidentified men assaulted Artur Finkevich, one of the
leaders of the Young Belarus opposition youth group, and his associate
Alyaksandr Lukshyn. They knocked the two down, beat them, and sprayed
an unknown substance in their faces. Attackers took Finkevich's
computer, flash drives, money, mobile phone, and personal documents,
including his passport. Finkevich was reportedly taken to a hospital
for treatment of burns in his face and eyes, and bruises. The theft of
his passport prevented Finkevich from participating in a long-planned
international visitor program sponsored by a foreign government.
On the night of December 19, in a violent confrontation with
demonstrators following the presidential election, police used physical
force to break up the crowd, beat peaceful demonstrators, and detain
over 700 persons, including presidential candidates. According to press
reports, scores of demonstrators and a number of police officers were
injured (see section 2.b.). Many demonstrators remained in detention at
year's end.
Human rights advocates continued to report the use of torture and
other forms of physical and psychological abuse of suspects during
criminal and administrative investigations. For example, the
prosecution's evidence in the criminal case against anticorruption
activists Autukhovich and Asipenka consisted largely of statements by
persons who subsequently recanted their testimonies. Authorities
dropped treason charges against them, but convicted them on other
charges. The witnesses claimed that they were subjected to violence,
blackmail, psychological pressure, and other forms of intimidation to
get them to testify against the activists. The Belarusian Helsinki
Committee (BHC) provided documentation of a police practice of charging
individuals as accomplices in certain crimes in order to induce them to
implicate others, then dropping the charges and forcing them to serve
as prosecution witnesses. Numerous women detained in the December 19
protests reported that they were threatened with rape while in custody.
Many of those who were ultimately charged with criminal behavior were
detained for the maximum ten days without charge, permitting
authorities to put pressure on them by denying them visits, receipt of
medicines, and food from their families.
The hazing of new army recruits, including beatings and other forms
of physical and psychological abuse, continued; however, the situation
improved somewhat as the Government increased its prosecution of
offenders. A military prosecutor claimed in June that the number of
crimes committed by army personnel was declining, although in the first
six months of the year the official crime rate remained at 2009 levels.
The military prosecutor stated that no hazing deaths or assaults
causing severe bodily harm were registered in the first six months of
the year, but he acknowledged that hazing remained the most widespread
offense reported among military personnel during that period.

Prison and Detention Center Conditions.--Prison and detention
center conditions remained poor and in many cases posed threats to life
and health. There were shortages of food, medicine, warm clothing,
bedding, and inadequate access to basic and emergency medical care and
to clean drinking water. Ventilation in cells and overall sanitation
was poor. As a result tuberculosis, pneumonia, and other communicable
diseases were widespread. According to domestic human rights groups,
the rate of tuberculosis infection was seven times the national average
due to overcrowding and poor sanitary conditions. The death rate from
tuberculosis among inmates was 1.3 times the national average. The
United Nations Development Program reported in September 2009 that none
of the country's prisons fully complied with the World Health
Organization's tuberculosis infection control guidelines and expressed
concern over sexual and other types of harassment and violence in
prisons.
In May 2009 according to the Government, authorities were holding
37,578 persons, including approximately 1,200 juveniles, in detention.
Of the prisoners, 46 percent were serving sentences for economic
crimes, including embezzlement, fraud, tax evasion, theft, money
laundering, and illegal business activities. Prisoners who complained
about abuse of their rights often faced humiliation, death threats, or
other forms of punishment. Some stated that they were blackmailed.
Sources claimed that the outcome of applications for parole frequently
depended on bribes to prison personnel.
According to a 2008 BHC report, authorities continued their
practice of isolating certain prisoners--particularly inmates with HIV/
AIDS and foreign citizens. They restricted or denied a variety of
prisoners' rights, including the right to appeal their sentences,
express their political and civil beliefs, vote, and obtain information
from their families. Prison administrators arbitrarily abused inmates
and applied severe penalties for minor violations of the ``internal
regime.''
Former prisoners reported that medical checkups were rare, were
frequently provided by underqualified medical personnel, and that the
results were often fabricated. Authorities failed to provide conditions
necessary for maintaining proper personal hygiene. Prisoners often
complained of malnutrition and low quality uniforms and bedding. Some
former political prisoners reported that they experienced psychological
abuse and often had to share a cell with violent criminals. They also
reported that authorities neither explained nor protected their legal
rights.
Malady Front activist Ivan Stasyuk complained to the prosecutor
general's office about conditions at the detention center in Brest,
where he was held from February 3 to 6, on suspicion of malicious
hooliganism. Stasyuk reported a lack of bedding, inadequate lighting
and ventilation, and cold cells.
In another case Cameroonian athlete Guy Francois Toukam was
detained at the Minsk airport on June 1 upon his arrival to take part
in a soccer tournament and was held for 44 days because of purportedly
fake travel documents. After his release from a pretrial detention
center in Minsk, Toukam stated that he was beaten, denied legal
assistance, experienced racial discrimination, and denied adequate
nutrition, with a resulting weight loss of more than 40 pounds.
Authorities permitted him to shower only once a week, never took him
outdoors for exercise, required him to sleep on a wooden bench, and
seized his personal belongings.
During his 15-month period of pretrial detention, which began in
February 2009 Vaukavysk activist Autukhovich asserted that he lost most
of his teeth due to poor quality drinking water and the denial of
proper treatment and dentures.
Overcrowding in prisons and detention centers, and use of a form of
internal exile known as ``khimiya'' were serious problems. Persons
sentenced to khimiya lived in prison barracks and were forced to work
under strict conditions.
The law permits family and friends to bring detainees food and
hygiene products and to send them parcels by mail, but in many cases
authorities did not adhere to the law.
Prisoners and detainees had limited access to visitors, and denial
of meetings with families was a common punishment for disciplinary
violations. Although the law provides for freedom of religion, and
there were no specific reports of infringements, prisoners generally
were prevented from holding religious services and performing rituals
that did not comply with prison regulations. Former prisoners credibly
reported that their complaints to higher authorities were often
censored or not forwarded at all and that their requests for
investigation of allegations of inhumane conditions were considered
selectively by prison administrations and could result in severe
disciplinary action against those who complained. They also complained
of increased pressure from the prison administration in cases of claims
of inhumane treatment.
The 2008 BHC report showed that authorities rarely investigated
allegations of inhumane conditions or documented the results in a
publicly accessible manner. It highlighted the lack of any independent
appeals mechanism that would secure prompt, impartial, and transparent
investigation of the numerous complaints of mistreatment, or would
provide a means to hold offenders liable for such incidents.
While authorities claimed to conduct periodic investigations and
monitoring of prison and detention center conditions, human rights
groups asserted that such inspections--even if they did occur--lacked
any credibility. There was no ombudsman who could serve on behalf of
prisoners and detainees; human rights advocates who were not members of
state-controlled bar associations had no access to prisoners and
detainees and could not provide them with legal counsel. For example,
on December 31, Andrey Pustashyla, a senior officer of the Prosecutor's
General office, inspected the pretrial detention facilities of the KGB
following numerous credible complaints from lawyers and family members
of detainees in connection with the large-scale detentions in Minsk on
and after December 19. Pustashyla claimed that all the detainees were
healthy and did not voice any concerns regarding conditions at the
facilities. He also reported that such inspections of the KGB
facilities were completed every month.
Authorities did not permit independent monitoring of penal
institutions. Despite numerous requests to the Ministries of Interior
and Justice, government officials continued to refuse to meet with
human rights advocates or approve requests to visit detention
facilities. There were no reports during the year of independent
monitoring of prison conditions by domestic or international human
rights groups, independent media, or the International Committee of the
Red Cross.
The Government took some limited steps to improve prison and
detention center conditions, primarily through the use of amnesties to
relieve overcrowding. In May the president signed a law that
established a standard of approximately nine square feet of cell space
per prisoner and would permit inmates to play sports. Prisoners
enrolled in distance learning courses were allowed to leave prisons to
take exams, although they were obliged to register at a police precinct
near their place of residence. The maximum term for which prisoners
could be held in isolation as a punishment for disciplinary violations
was reduced from 15 to 10 days. Authorities ceased to reduce food
rations for prisoners being held in isolation, a practice human rights
advocates described as torture. At a June 23 press conference,
Prosecutor General Ryhor Vasilevich acknowledged that problems existed
in providing medical and other assistance in prisons and called on the
interior ministry, which supervises prisons, to enforce prison
standards and eliminate ``physical or psychological violence'' against
prisoners.

d. Arbitrary Arrest or Detention.--The law limits arbitrary
detention; however, the Government did not respect these limits in
practice. Authorities continued to arrest individuals for political
reasons and to use administrative measures to detain political
activists before, during, and after protests.

Role of the Police and Security Apparatus.--The Ministry of
Interior exercised authority over the police, but the KGB and
presidential security services also exercised police functions and the
president has the authority to subordinate all security bodies to his
personal command. Impunity among law enforcement personnel remained a
serious problem. Individuals have the right to report police abuse to a
prosecutor; however, the Government often did not investigate reported
abuses by the security forces or hold perpetrators accountable.

Arrest Procedures and Treatment While in Detention.--Under the law
police must request permission from a prosecutor to detain a person in
excess of three hours; however, in practice these procedures were
usually ignored, and police routinely detained and arrested individuals
without warrants. Authorities may hold a person suspected of a crime
for up to 10 days without filing a formal charge and for up to 18
months after filing charges. Under the law prosecutors, investigators,
and security service agencies have authority to extend detention
without consulting a judge. Detainees have the right to petition the
legality of their detention, but in practice appeals by suspects for a
court review of their detention frequently were suppressed or ignored.
Police often detained individuals for several hours, ostensibly to
confirm their identity, and then released them without charges. They
frequently used this tactic to detain members of the opposition and
demonstrators, to prevent the distribution of leaflets and newspapers,
or as a pretext to break up civil society meetings and events.
During the year authorities arbitrarily detained or arrested
hundreds of individuals, including opposition figures and members of
the independent media, for reasons that were widely considered to be
politically motivated. For example, Conservative Christian Party
activists Syarhey and Vital Kavalenka were subjected to repeated
harassment during the year. On January 7, police arrested Syarhey
Kavalenka for placing an unregistered white-red-white opposition flag
on top of a Christmas tree in Vitsyebsk. On January 10, the prosecutor
extended his detention for two months; however, on January 12, he was
unexpectedly released but forbidden to leave the country. On May 14, he
was convicted of severely disturbing public order and resisting police,
and given a suspended three-year prison term with probation. The court
also ordered him to pay more than 4.5 million rubles ($1,500) in
damages to police and city authorities. On April 21, Kavalenka and his
brother, Vital, were sentenced to seven and six days in jail,
respectively, for illegally demonstrating in front of a courthouse.
Vital Kavalenka was also fined 70,000 rubles ($23) on minor hooliganism
charges. On June 8, Syarhey Kavalenka was fined 105,000 rubles ($35) on
charges that he used foul language on May 8. On July 8, he was again
detained and jailed for 10 days on charges of violating probation
requirements. On July 9, a Vitsyebsk district court sentenced Syarhey's
brother Vital to five days in jail for allegedly using obscenities. The
activists asserted that authorities isolated them during a large
international music festival held in Vitsyebsk in mid-July and attended
by the president. Moreover, on August 11, Syarhey Kavalenka was fined
770,000 rubles ($257) for slandering police officers during his
detention in July.
On January 15, a Vitsyebsk district court sentenced Young Belarus
member Taras Surhan to seven days in jail for minor hooliganism. Surhan
was detained on January 9 and released three days later, pending trial.
On February 2, a court subjected Surhan to a year of police supervision
following his conviction for opposition activities in 2009. On April
23, Surhan was arrested for nine days for participating in an
unsanctioned demonstration on April 20.
On February 19, Aleh Surhan, another Vitsyebsk activist and a
member of the Belarusian Christian Democracy Party, was jailed on
allegations of violently resisting a police officer; Surhan claimed it
was the police who had manhandled him. Surhan was ordered to pay 2.5
million rubles ($833) in compensation to the officer.
On March 3, a Belarusian Christian Democracy Party activist in
Zhodzina, Andrey Kasheuski, was given an administrative sentence of 15
days in prison for distributing independent newspapers. He went on a
hunger strike while in jail to protest his sentence and his resulting
inability to file papers that would have enabled him to run in the
April 25 municipal elections. Police also briefly detained Kasheuski on
April 5, but they released him later with no charge.
On March 24, a court in Minsk fined three human rights advocates
17,500 rubles ($6) for holding an unsanctioned protest against death
penalty executions in front of the presidential residence on March 23.
They spent the night at detention facilities. Photojournalist Syarhey
Sys, also apprehended at the site, was released without charge.
On April 27, police arrested opposition activists Andrey Kuzminsky,
Mikhail Naskou, and Alyaksey Atroshchanka for carrying a white-red-
white opposition flag and for organizing an unsanctioned protest
against former Kyrgyz president Kurmanbek Bakiyev, who was staying in
the country. They were fined 17,500 rubles ($6) each the next day after
a night in custody.
On May 7, police in Brest detained two human rights defenders for
distributing leaflets on the 11th anniversary of Yury Zakharanka's
disappearance. They were held for more than an hour, and all printed
materials were seized from them. In Minsk seven activists, including
United Civic Party Chair Anatol Lyabedzka, were apprehended for
illegally demonstrating on the same occasion.
On May 18, a small business activist in Slonim, Viktar Marchyk, was
summoned by police and interrogated about his political activities.
On June 2, authorities detained Young Belarus group members Ivan
Zaytsau, Zmitser Skachkou, and Kiryl Kavalyou for more than an hour in
Homyel while the three were collecting signatures to protest the
enactment of Internet regulations. All were released without charge;
police confiscated their printed materials.
On July 26, also in Homyel, police apprehended three opposition
activists who were handing out greeting cards on the occasion of the
20th anniversary of the adoption of the country's declaration of
independence. Independent journalist Larysa Shchyrakova also was
briefly detained for covering the event.
Security forces tightened control over the dissemination of
materials printed by the opposition in the months before the December
19 presidential elections. On August 7 in Dobrush, police officers
arrested two activists of the For Freedom movement, Syarhey Stsepanets
and Yauhen Suvorau, while they were distributing information kits about
the movement's leader Alyaksandr Milinkevich. They were held at a
precinct for an hour. On August 8, police in Hrodna detained Belarusian
Christian Democracy Party member Mikalay Bausyuk at a bus station and
confiscated ``for further examination'' copies of the party's bulletin,
its presidential candidate's election platform, and other printed
materials.
On August 15, authorities arrested human rights advocate Raman
Kislyak in Brest for disseminating leaflets about the UN International
Convention for the Protection of all Persons from Enforced
Disappearance. Police searched his personal belongings and seized more
than 20 copies of the leaflet. On August 28, authorities in Minsk
detained two members of the United Civic Party for distributing
leaflets about their party's presidential nominee and interrogated them
for three hours. On August 31 in Brest, police detained Young Belarus
activists Yury Batsuk and Ihar Mishkou for disseminating booklets about
the For Freedom movement's leader. The two were questioned and their
materials seized. Another For Freedom supporter, Alyaksandr Pratsko,
was briefly detained in Homyel on September 3 for distributing the same
booklets.
On September 8, police detained Uladzimir Valodzin, a prominent
antinuclear activist and a member of the Belarusian Party of the
Greens, and Ihar Shchapiha, a Right Alliance group activist, without a
warrant. They were reportedly charged in connection with arson attacks
on April 30 against a bank office and the House of Trade Unions and
against detention facilities on September 5. Police released Valodzin
and Shchapiha without charge after nine days in detention.
On September 7, police detained at a soccer game 50 activists of
the Tell the Truth movement for wearing T-shirts bearing the campaign's
logo. On September 9, at least 15 activists were detained at a hockey
game for the same reason. In both cases all were taken to a police
precinct for an identity check, filmed, and fingerprinted. In the
latter incident officers reportedly ordered the activists to take their
shirts off, and when one female activist refused, they cut her T-shirt
into pieces and threatened others with short-term arrests. All were
ultimately released without charge five hours later.
On September 11, authorities detained over 20 civil society and
opposition activists who were on their way to an open-air rock music
festival near Orsha. Some of them were charged with violating traffic
regulations and forced to miss the event due to lengthy identity
checks.
On November 15, police in Minsk detained two opposition youth
Mikhail Pashkevich and Raman Bahdanovich for putting up political
stickers. They were held at a police station for an hour and released
without charge. In a similar incident on November 24, authorities in
Minsk fined Malady Front member Eduard Lobau 105,000 rubles ($35) for
pasting political stickers on residential buildings in Babruysk on
October 9.
On December 8, Zmitser Dashkevich, leader of the Malady Front youth
group, was pulled over by police in Minsk and detained for several
hours over an allegedly falsified driver's license. Police released
Dashkevich and presented him an official notification that he was
cleared of suspicion of forgery after representatives of the office of
the Organization for Security and Cooperation in Europe (OSCE) arrived
at the police station to monitor detention procedures.
On the night of December 19, police in Minsk arrested and detained
over 700 persons who were demonstrating against Lukashenka's long hold
on power. Most of these individuals were sentenced under the
administrative code to detention for 10 to 15 days, and remained
incarcerated at year's end (see section 2.b.). A number of leading
supporters of opposition parties--including seven presidential
candidates--were detained; five candidates were subsequently charged
with crimes. Authorities delayed pressing charges for the maximum legal
period of ten days; detainees, unlike those charged with crimes, could
legally be denied access to their families and food, and medical
supplies from outside. A number were initially denied access to their
lawyers on the pretext that ``no rooms'' were available for such
consultations. Authorities also pressured and harassed family members
of imprisoned activists.

Amnesty.--On May 5, the president signed a new amnesty law.
According to the interior ministry, the amnesty was initially expected
to apply to approximately 30,000 convicts, of whom 4,500 could be
released and others could have their sentences reduced. However, at
year's end 3,300 convicts were released from prisons, more than 8,673
had their jail terms reduced by one year, and another 7,000 convicts
serving noncustodial terms for various criminal offenses were
amnestied. One thousand had their convictions commuted.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary; however, the Government did not respect judicial
independence in practice. Corruption, inefficiency, and political
interference with judicial decisions were widespread.
There was evidence that prosecutors and courts convicted
individuals on false and politically motivated charges, and that senior
leaders and local authorities dictated the outcomes of trials.
A 2006 report by the UN special rapporteur on the country described
the authority of prosecutors as ``excessive and imbalanced'' because
they may extend detention without the permission of judges. The report
also noted an imbalance of power between the prosecution and the
defense. Defense lawyers were unable to examine investigation files, to
be present during investigations, or to examine evidence against
defendants until a prosecutor formally brought the case to court.
Lawyers found it difficult to challenge some evidence because technical
expertise was under the control of the prosecutor's office. According
to many defense attorneys, these imbalances of power persisted
throughout the year, especially in politically motivated criminal and
administrative cases. There were very few cases during the year in
which criminal defendants were exonerated.
By presidential decree bar associations are independent; however,
in practice they remained subordinate to the Ministry of Justice.
Lawyers must be licensed by the ministry, are required to work in
regional bar associations, and must renew their licenses every five
years. The law prohibits attorneys from engaging in private practice,
although private legal companies are allowed to provide legal
assistance and advice to private companies and represent their clients
in economic courts.
A number of attorneys representing prominent opposition leaders,
civil society activists, and independent journalists arrested on or
after December 19 reported that their licenses could be revoked for
activities related to the defense of their clients. In a notice posted
on its Web site, the Justice Ministry charged that ``certain lawyers''
who were defending individuals facing criminal charges, including up to
seven presidential candidates, were committing ``gross violations'' of
the rules of professional etiquette for lawyers as well as of the
country's laws. The ministry accused the lawyers of distorting
information about the investigations of their clients, their state of
health, and conditions of detention. The ministry said it was
conducting an investigation and would take whatever measures the law
required. Unlike in previous years, there were no reports that
authorities actually revoked lawyers' licenses for defending NGOs or
opposition political parties.

Trial Procedures.--The law provides for the presumption of
innocence; in practice the burden of proof was frequently on
defendants. The law also provides for public trials; however, trials
were occasionally closed and frequently held in judges' offices where
attendance was severely limited. Judges adjudicate all trials; there is
no system of trial by jury. For the most serious cases, two civilian
advisors assist a judge. Government-controlled media frequently
conducted propaganda campaigns declaring the guilt of suspects even
before trial and revealed alleged materials from ongoing investigations
designed to demonstrate further the ``guilt'' of persons awaiting
trial.
The law provides defendants with the right to attend proceedings,
to confront witnesses, and to present evidence on their own behalf;
however, in practice these rights were not always respected. During the
year numerous opposition politicians and NGO leaders were tried and
convicted without being permitted to be present at their trials. On
January 5, Ales Halavan, a Vitsyebsk member of the Belarusian Christian
Democracy Party, and his associate, Valer Ramanenka, were detained and
spent three days in custody. Police seized four white-red-white
opposition flags from them. On February 20, Halavan was notified that a
court had sentenced him in absentia to seven days of administrative
arrest.
On February 5, a court in Hrodna fined Anzhelika Borys, the former
leader of the unregistered organization Union of Poles, 4.2 million
rubles ($1,400) in absentia. In addition Polonika, a Hrodna-based
education, cultural, and tourism company headed by Borys, was fined 71
million rubles ($23,700) for its failure to report humanitarian
assistance it received from a Polish NGO partner. In October
authorities reportedly dropped financial claims against Polonika.
On June 16, Alyaksandr Kuznyatsou, leader of the Belarusian Popular
Front youth wing in Vitsyebsk, was notified that authorities had fined
him 35,000 rubles ($12) in absentia for disseminating printed
materials.
The law provides for access to legal counsel for detainees and
requires that courts appoint a lawyer for those who cannot afford one;
however, at times some detainees were denied access to a lawyer and at
other times, to a Belarusian-language interpreter if they requested
hearings in the that language. Most judges and prosecutors were not
fluent in Belarusian and rejected motions for interpreters. The law
provides for the right to choose legal representation freely; however,
a presidential decree prohibits NGO members who are lawyers by training
from representing individuals other than members of their organizations
in court.
Courts often allowed information obtained by use of force during
interrogations to be used against defendants.
Defendants have the right to appeal court decisions, and most
defendants did so. However, appeals courts upheld the verdicts of the
lower ones in the vast majority of cases.

Political Prisoners and Detainees.--At year's end authorities had
detained approximately 40 persons from the political opposition, human
rights and civil society groups, and independent media organizations in
connection with the large-scale demonstration in Minsk on the night of
December 19. Most of these political prisoners had either been charged
or were expected to be charged with the crimes of organizing or
actively participating in ``mass disturbances.'' Authorities refused to
permit access to many of the prisoners by lawyers, family members,
foreign embassies, or prison monitoring groups. Amnesty International
described 16 of the prisoners as ``prisoners of conscience'' who were
facing ``trumped up charges.''
Some of those in detention and facing politically motivated
criminal charges at year's end included: Uladzimir Nyaklyaeu,
presidential candidate and leader of the Tell the Truth campaign;
Andrey Sannikau, presidential candidate and co-coordinator of the
European Belarus coalition; Mikalay Statkevich, presidential candidate
and leader of the Social Democratic party; Ales Mikhalevich,
presidential candidate and leader of the NGO For Modernization;
Alyaksandr Atroshchankau, Sannikau's campaign spokesman; Paval
Sevyarynets, leader of the Belarusian Christian Democratic party and
aide to presidential candidate Vital Rymasheuski; Zmitser Bandarenka,
leader of independent media organization Charter 97 and co-coordinator
of the European Belarus coalition; Iryna Khalip, independent journalist
and Sannikau's wife; Natallya Radzina, Charter 97 editor; Anatol
Lyabedzka, chairman of the United Civic Party; Nasta Palazhanka, deputy
chair of the Malady Front opposition youth organization; Alyaksandr
Fyaduta, aide to Nyaklyaeu; Alyaksandr Klaskouski, a former police
officer; Uladzimir Kobets, Sannikau's campaign chief; Syarhey Vaznyak,
aide to Nyaklyaeu; Alyaksandr Arastovich, aide to Statkevich; Syarhey
Martsaleu, aide to Statkevich; Mikita Likhavid, For Freedom movement
activist; Dzmitry Novik, Belarusian Popular Front member; Paval
Vinahradau, Tell the Truth campaign activist; Illya Vasilevich, youth
activist; and Vasil Parfyankou, Tell the Truth campaign activist.
Other protest participants or bystanders imprisoned at year's end
and facing similar politically motivated charges included: Ivan Haponau
and Artsyom Breus, both Russian citizens; Aleh Fedarkevich; Uladzimir
Khamichenka; Dzmitry Myadzvedz; Uladzimir Loban; Alyaksandr Malchanau;
and Alyaksandr Kvyatkevich. Authorities also held Malady Front leader
Zmitser Dashkevich and Malady Front activist Eduard Lobau, two
opposition youth activists detained on December 18 on charges of
``severe hooliganism.''
During the year authorities detained hundreds of persons for brief
periods of time for what appeared to be political reasons. During the
December 19 protests, police detained more than 700 persons for their
participation in an ``illegal'' demonstration, and sentenced them to
heavy fines or between five and 15 days of administrative detention.
Police subsequently released most of them after these periods of
administrative detention ended (see section 1.d.).
During the year authorities prosecuted conscientious objectors. At
the same time, authorities denied such individuals the opportunity to
undertake alternatives to military service, in spite of a
constitutional provision guaranteeing this right.
On February 1, a court in Minsk sentenced Ivan Mikhaylau, a member
of the Messianic Jewish community New Covenant, to three months in jail
on charges of avoiding the draft. Mikhaylau had been in detention since
his December 2009 arrest for refusing to appear at a conscription
office, based on his personal beliefs. Amnesty International recognized
Mikhaylau as a prisoner of conscience. The Minsk regional court revoked
Mikhaylau's three-month sentence on March 9, and he was released the
next day. On May 4, a Minsk district court cleared him of draft evasion
charges. The prosecutor's appeal against the acquittal was rejected on
June 15.
On February 11, a court in Homyel fined Belarusian Christian
Democracy Party activist Yauhen Yakavenka 175,000 rubles ($58) for
failing to comply with an enlistment office summons to appear on
January 29. Yakavenka filed his third application for civilian service
on February 2, asserting that he was not a draft dodger but only wanted
to exercise his ``constitutional rights'' according to his ``pacifist
beliefs.'' Yakavenka also repeatedly requested that his military
summons be written in the Belarusian language. On June 4, a court
sentenced Yakavenka to one year of restricted freedom for draft
evasion. The Homyel regional court granted him amnesty on July 23.
Yakavenka reported that on September 15, he was again summoned to
appear at a conscription office; he again requested that his summons be
written in Belarusian.
In November 2009 a court in Homyel fined Zmitser Smyk, a member of
Jehovah's Witnesses, 3.5 million rubles ($1,170) for alleged draft
evasion. Smyk sought to participate in alternate civilian service,
citing his religious beliefs. On May 31, Smyk was acquitted of draft
dodging charges after his multiple appeals. On July 16, the Homyel
Regional Court rejected the appeal submitted by prosecutors against the
acquittal of Smyk.
The last of 11 opposition youths convicted and sentenced or fined
for participating in a 2008 demonstration by entrepreneurs in Minsk,
Artsyom Dubski, was released during the year. Authorities continued to
seek three additional persons whom courts convicted in the same case.
The three, Alyaksey Bondar, Mikhail Kryvau, and Tatsyana Tsishkevich,
escaped abroad and have not served the two years of ``restricted
freedom'' to which they were sentenced in April 2008. They faced
further criminal prosecution and additional charges upon return to the
country.
On May 6, following a trial marked by an array of procedural
violations, the Supreme Court convicted Autukhovich and Asipenka, two
Vaukavysk anticorruption activists in the entrepreneurs movement and
long-time opponents of the Lukashenka government, along with two
others, of illegal weapons possession after they were held in pretrial
detention for approximately 15 months. During that time Amnesty
International recognized Autukhovich as a political prisoner.
Authorities initially charged the pair with the arson of a police
station. The Supreme Court sentenced Autukhovich to five years' and two
months' imprisonment, Asipenka to three years, and the others to two to
three years. Autukhovich and Asipenka had been detained on the charges
of arson, illegal weapons possession, and terrorism since February
2009. Authorities ultimately dismissed dismiss the terrorism charges
due to lack of evidence. Human rights observers noted that no material
evidence was presented against the activists in court and that most of
the evidence was provided by Autukhovich's former employee, Alyaksandr
Laryn, who earlier had made self-incriminating statements to police
without the presence of his lawyer allowed. Asipenka was released in
November.

Civil Judicial Procedures and Remedies.--The law provides that
individuals can file lawsuits seeking damages for, or cessation of, a
human rights violation; however, the civil judiciary was not
independent and was rarely impartial in such matters.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions; however, the
Government did not respect these prohibitions in practice. Authorities
applied wiretapping, video surveillance and a network of informers to
deprive persons of privacy in which to express dissenting political
views.
By law persons who obstruct law enforcement personnel in the
performance of their duties can be penalized or charged with an
administrative offense even if the ``duties'' may be perceived as
illegal. ``Obstruction'' could include any effort to prevent KGB or law
enforcement officers from entering the premises of a company,
establishment, or organization; refusing to allow KGB audits; or
denying or restricting KGB access to information systems and databases.
The law requires a warrant before, or immediately after, conducting
a search; however, the KGB and riot police entered homes, conducted
searches, and read mail without warrants. The KGB has the authority to
enter any building at any time, as long as it applies for a warrant
within 24 hours after the entry. There were credible reports that
government agents covertly entered homes of opposition activists and
offices of opposition groups and monitored the actions of individuals.
In numerous instances authorities searched residences and offices for
clearly political reasons.
On April 30, police searched offices of human rights advocate
Zmitser Salauyeu in Navapolatsk. The prosecutor authorized the raid as
part of a criminal investigation into vandalism and anti-Semitic
graffiti. Police confiscated a computer, discs, printed materials, and
opposition white-red-white flags. Prior to the raid, Salauyeu had made
numerous complaints to local prosecutors regarding incidents of
vandalism and other activities of local neo-Nazi groups. Police had
also previously raided his office, and failed to return seized computer
equipment from that prior search.
On May 18-19, coordinated searches were conducted in private
residences and offices of activists of the Tell the Truth information
campaign in more than 20 cities across the country. Dozens of persons
were detained, and the equipment, documents, and financial resources of
the NGO were confiscated. Most of the individuals were released without
further explanation as soon as they had been questioned; however,
police held the campaign's leader, Uladzimir Nyaklyaeu, activist Andrey
Dzmitryeu, and the chief editor of the independent newspaper Tavarysch,
Syarhey Vaznyak, for three days and accused them of knowingly
disseminating false information. The three were released without
charge. On November 17, police suspended the criminal investigation
again them.
On June 28, police searched without a warrant the residence of
young opposition activist Andrey Krechka, whom they claimed to suspect
of hacking into a commercial company's Web site. A few days earlier
unknown persons smashed a window of Krechka's car and stole a
satellite-based navigation system.
Following the December 19 postelection protests, authorities raided
the offices and homes of dozens of activists and civil society
organizations. On December 20, law enforcement officers raided offices
of the unregistered human rights organization Vyasna and briefly
detained 10 activists who were subsequently released without charge.
Police seized all computer equipment, as well as still and video
cameras. The same day, authorities searched the offices of the Tell the
Truth campaign and Charter 97. Yuliya Rymasheuskaya, Tell the Truth
leader Uladzimir Nyaklyaeu's spokesperson, was briefly detained along
with other activists. Security forces also arrested Natalya Radzina,
editor of the Charter 97 Web site, on charges of organizing and
participating in the December 19 demonstrations.
On December 23, four KGB officers searched the apartment of
Alyaksandr Fyaduta, an aide to Nyaklyaeu, and confiscated a laptop,
flash drives, and printed materials.
On December 25, KGB and police raided residences of at least 12
people, including Sannikau, Mikhalevich, Bandarenka, Atroshchankau,
Radzina, and Arastovich, in connection with the criminal ``mass
disturbances'' case. In Minsk, police also searched apartments of human
rights advocate Aleh Volchak, opposition activist Vyachaslau Siuchyk,
and the parents of detained journalist Khalip. Police also raided the
residences of human rights defender Alyaksey Kaputski in Maladzyechna
and of opposition activist Paval Batuyeu in Salihorsk. In most of these
instances police seized electronic equipment and paper files. The
United Civic Party reported that the KGB raided their offices for four
hours on December 25 and confiscated electronic equipment, seven
computers, and printed materials.
On December 27, security officers searched the apartment of
Sannikau's campaign chief, Uladzimir Kobets; Sannikau's eldest son,
Kanstantsin Sannikau; and Charter 97 leader Dzmitry Bandarenka.
On December 28, four KGB officers and a police investigator
searched the residence of Anatol Lyabedzka, chair of the United Civic
Party, for three hours and seized a computer and printed materials.
Lyabedzka had been arrested for alleged involvement in the ``mass
disturbances'' case during a previous raid on his apartment on December
20.
On December 30, KGB officers searched the home of retired KGB
lieutenant colonel Valery Kostka in Smalyavichy although Kostka had not
participated in the December 19 demonstration. Police also searched the
apartment of opposition youth activist Andrey Kim; the summer cottage
of Nyaklyaeu's campaign chief, Andrey Dzmitryeu; and the residence of
human rights advocate Alena Tankachova. Police also interrogated
Tankachova and seized printed materials from her.
Security forces continued to target prominent opposition and civil
society leaders with arbitrary searches and interrogations at border
crossings and airports. For example, on June 2, Andrey Vardamatski, a
sociologist and head of an opinion research company, was detained and
searched for four hours upon his arrival in Minsk. On September 12,
border guards at Minsk airport held a leader of the European Belarus
civil campaign, Andrey Sannikau, for an hour to search his belongings
upon his return from a conference in Riga. He was also thoroughly
checked on his way to the conference on September 10.
On December 24, the country's border officers detained Vilnius-
bound activist Katsyaryna Stsyapanava for two hours, transported her to
a local KGB office, and interrogated her regarding her participation in
the December 19 demonstration. She was subsequently released without
charge.
The law prohibits authorities from intercepting telephone and other
communications without a prosecutor's order. In practice authorities
routinely monitored residences, telephones, and computers. Nearly all
opposition political figures reported that authorities monitored their
conversations and activities.
The law allows the KGB, the Internal Affairs Ministry, special
security services, financial intelligence personnel, and certain border
guard detachments to use wiretaps. Wiretaps require the permission of a
prosecutor; however, the lack of prosecutorial independence rendered
this requirement meaningless.
The Ministry of Communications has the authority to terminate the
telephone service of persons who violate their telephone contracts, and
such contracts prohibit the use of telephone services for purposes
contrary to state interests and public order.
During the year authorities forcibly conscripted younger members of
political opposition groups into the military. There were also reports
of discrimination and harassment against them during their military
service.
On January 26, a Brest district court rejected an appeal filed by
Malady Front member Yauhen Skrabets challenging his conscription and
the legality of the actions of the conscription officers. Skrabets
continued to serve in the army at year's end.
On July 30, a Malady Front leader in Mahilyou, Stanislau
Ramanovich, was drafted despite recent surgery on his arm. Ramanovich
lost his deferment earlier when he was expelled from his university for
what other activists described as political reasons.
In January 2009 authorities stopped Franak Vyachorka, former leader
of the Belarusian Popular Front's youth wing, on a Minsk street and
physically delivered him to the 8th Radar Brigade in Baranavichy. He
took a military oath there in February 2009 and was later transferred
to a radar unit in Mazyr. In mid-December 2009 Vyachorka was sent back
from a hospital to the military unit despite medical grounds for an
early discharge from the army. Vyachorka's medical record was
subsequently revised to omit references to his medical condition as
diagnosed in the hospital. Vyachorka was discharged on April 14.
The Government continued to deny certain youths their right to
alternate civilian military service as provided for in the
constitution. On February 11, a court in Homyel fined Belarusian
Christian Democracy Party activist Yauhen Yakavenka 175,000 rubles
($58) for failing to comply with an enlistment office summons to appear
on January 29. Yakavenka filed his third application for civilian
service on February 2, asserting that he was not a draft dodger but
only wanted to exercise his ``constitutional rights'' according to his
``pacifist beliefs.'' Yakavenka also repeatedly requested that his
military summons be written in the Belarusian language. On June 4, a
court sentenced Yakavenka to one year of restricted freedom for draft
evasion. The Homyel oblast court granted him amnesty on July 23.
Yakavenka reported that on September 15, the occasion of another call-
up to the conscription office, he again requested that his summons be
written in Belarusian.
There were numerous reports that the Government employed a number
of means to coerce young persons, including university students and
military conscripts, to join the pro-Lukashenka, state-funded
Belarusian Republican Youth Union (BRYU). To this end the Government
employed a widespread system of BRYU informants organized into civilian
patrol squads whose objective was to recruit youths and students for
various projects around the country in the name of good citizenship.
High school students feared that they would not be allowed to
enroll in universities without BRYU membership, and university students
reported that proof of BRYU membership was often required to register
for popular courses or to receive a dormitory room. Universities also
offered patrol members discounts on tuition. In 2008 former education
minister Alyaksandr Radzkou stated that membership in the BRYU would be
considered in new mandatory recommendations for students who wished to
train for professions in foreign affairs, state administration, and
journalism.
During the year authorities continued to harass family members of
NGO leaders and civil society activists. In March, for example, the
father of Artur Finkevich, leader of the NGO Young Belarus, was
summoned for an interrogation by the KGB. In late December following
the arrest of presidential candidate Andrey Sannikau and his wife,
independent journalist Iryna Khalip, authorities attempted to take
custody of their three-year-old son, Danil Sannikau, from his maternal
grandmother. Authorities claimed that they were only doing a routine
investigation into whether the grandmother was healthy enough and had
the financial means to care for the boy in his parents' absence.
Following the crackdown on demonstrators on December 19,
authorities raided the offices of organizations and NGOs, seizing
equipment and interrogating staff (see sections 2.a. and 5).
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press; however, the Government did not
respect these rights in practice and enforced numerous laws to control
and censor the media. Individuals could not criticize the Government
publicly without fear of reprisal. Authorities videotaped political
meetings, conducted frequent identity checks, and used other forms of
intimidation. Wearing masks, displaying unregistered flags and symbols,
and displaying placards bearing messages deemed threatening to the
Government or public order are also prohibited.
The law also limits free speech by criminalizing actions such as
giving information to a foreigner about the political, economic,
social, military, or international situation of the country that
authorities deem to be false or derogatory.
The Government censored the media. Authorities warned, fined, or
jailed members of the media who publicly criticized the Government.
Under the law the Government may close a publication after two
``warnings'' in one year for violating a range of restrictions on
speech and the press. In addition regulations give authorities
arbitrary power to prohibit or censor reporting. The Information
Ministry can suspend periodicals or newspapers for three months without
a court ruling. The law also prohibits the media from disseminating
information on behalf of unregistered political parties, trade unions,
and NGOs. Many publications were forced to exercise self-censorship.
A February 2009 media law further restricted press freedoms by
subjecting online news sources to the same regulations as print and
broadcast media. It also required that all existing media reregister
before February 8, mandated that journalists be accredited, and
prohibited domestic media from receiving more than 30 percent of their
resources from foreign organizations. Although the majority of media
outlets, including private ones, successfully reregistered, the
Information Ministry continued to deny registration to independent
media, i.e. media perceived to be publishing information independently
of government control. The 2009 law also further complicated
distribution of publications with a circulation of less than 300
copies, which did not require registration but had to carry imprint
information and producers of such publications could be ``warned'' for
failing to comply with the requirement. The new law was widely
criticized by domestic and international NGOs and press advocates.
There were independent media, including newspapers, magazines and
Internet news Web sites, all owned by individuals or groups other than
the Government, which sought to provide independent coverage of events.
However, they operated under repressive media laws and most faced
discriminatory publishing and distribution policies.
State-owned media dominated the information field and maintained
the highest circulation and viewership. The state-owned postal system,
Belposhta, and the state-owned kiosk system, Belsayuzdruk, continued to
refuse to deliver and sell at least 10 independent newspapers that
covered politics. In 2007 Belposhta removed three popular Russian
newspapers (Kommersant, Moskovskiy Komsomolets, and Nezavisimaya
Gazeta) from its subscription list. However, other Russian newspapers,
including Izvestiya, were distributed. Media analysts asserted that the
newspapers were removed because of reporting critical of Lukashenka's
policies.
In February the Information Ministry turned down the third
registration application from the regional independent newspaper Khimik
Dva goroda. Officials claimed that the newspaper could not be
registered because of issues related to hygiene in its office. Previous
reasons for refusals included the allegedly insufficient educational
qualifications of the chief editor and the fact that, while describing
itself as covering general politics, the newspaper also included a
``homes and gardens'' section.
On March 23, the Supreme Economic Court dismissed an appeal of the
Information Ministry's rejection of the registration application of the
independent newspaper Nash Dom.
On April 1, the Information Ministry denied registration to the
Homyel independent newspaper Silnye Novosti Gomelya on the grounds that
its chief editor had ``no appropriate qualifications or experience.''
Tatsyana Bublikava, an independent journalist previously ``warned'' for
illegally working in the country for the Warsaw-based Belsat TV,
applied for registration as the editor. There continued to be no
independent newspapers that covered political issues in the Homyel
Oblast.
On May 12, First Deputy Information Minister Liliya Ananich met
with the editors of four regional independent newspapers that had been
denied multiple registration applications. Ananich reportedly dismissed
their arguments and told them that the ministry followed the law.
On June 14, Baranavichy authorities rejected the application of the
local independent newspaper Intex-press to be distributed through
state-run networks. Belposhta cited ``inexpediency,'' and the
Belsayuzdruk alleged that their ``overburdened'' network had no
capacity to distribute the newspaper.
Although authorities continued to allow the independent newspapers
Narodnaya Volya, Nasha Niva, and two regional newspapers, all banned
for several years before 2008, to be distributed through state
distribution systems, they remained subject to restrictions. On July 7,
Belsayuzdruk did not release the print-run of Nasha Niva due to its
front-page article reporting that an investigation by a Russian
television channel implicated Lukashenka in the disappearances in 1999
and 2000 of opposition leaders and a journalist. The state-owned
company denied that the copies of the newspaper were not available at
kiosks. In September 2009 Belsayuzdruk denied a request from Narodnaya
Volya to add a third day to its existing twice-a-week circulation,
claiming that it was ``not possible to distribute additional copies due
to the massive output of other periodicals'' on the specific day
requested.
On August 11, the Brest office of Belsayuzdruk unilaterally reduced
the circulation of the popular independent newspaper Brestsky Kuryer by
two-thirds. An official stated that this was a way to ``penalize'' the
owners for attempting to find additional outlets for selling the
newspaper through retail stores.
Local authorities frequently warned independent editors and
journalists to avoid reporting on certain topics and not to criticize
the Government. Authorities also warned businesses not to advertise in
newspapers that criticized the Government. According to the independent
Belarusian Association of Journalists (BAJ), officials from the
presidential administration met with leading bankers, including
representatives of foreign-controlled banks, and ``strongly
recommended'' that they advertise only with state media. The Babruysk-
based independent newspaper Bobruysky Kuryer was forced to go out of
business due to the advertisement ban.
On March 22, the Supreme Court upheld a January 13 Ministry of
Justice requirement that the BAJ stop issuing press badges to its
1,000-plus members. These badges had been displayed by independent
reporters, free lancers, and Web site and foreign correspondents
covering public events, including opposition demonstrations, in order
to gain access and report the news.
On March 11, the Information Ministry issued a warning to the
popular daily Komsomolskaya Pravda v Belorussiy for publishing ``false
information.''
On April 19, a court in Beshankovichy fined Heorhi Stankevich, a
journalist and Belarusian Christian Democracy party activist, 700,000
rubles ($235) for illegally distributing the newspaper Kryvinka with a
circulation under 300 copies. Stankevich, the editor and publisher of
the newspaper, was detained on April 8.
On April 26, a prosecutor in Hantsavichy warned the chief editor of
the independent newspaper Hantsavitski Chas, Alyaksey Bely, and
journalist Katsyaryna Kurlovich for an April 16 article purportedly
carrying false information. On November 17, a prosecutor in Hantsavichy
summoned a woman who was quoted in Hantsavitski Chas expressing
criticism of media coverage related to the presidential election.
Deputy chief editor Pyotr Huzayeuski stated that authorities exerted
pressure on the newspaper by harassing its readers.
On June 14, the Information Ministry warned the independent
newspaper Novy Chas for failing to list the editor's full name and a
bar code in the imprint information. On June 18, the Ministry of Trade
issued a warning to the same newspaper for illegally advertising
programs of Belsat TV. The chief editor noted in response that the
information was published in the newspaper free of charge. On November
13, security officers detained executive director of the newspaper
Yazep Palyubyatka, who was transporting copies of the newspaper. Police
checked his passport information and released him without charge. Novy
Chas remained out of circulation from state-run distribution centers at
the end of the year.
On July 6, a prosecutor in Klyotsk issued a warning to Aleh
Nikulin, the publisher of the Catholic bulletin Apostalski Vetraz with
a circulation of under 300 copies, that Nikulin had violated laws and
could be held liable for lacking official registration.
On September 14, the Information Ministry also warned the
independent publication Brestskaya Gazeta for purportedly disseminating
false information.
On September 15, the Supreme Economic Court rejected appeals by
Nasha Niva of two warnings issued by the Information Ministry on July
22 and July 26 about articles allegedly containing false information
and defaming the state-controlled BRYU.
On November 16, the Belposhta office in Baranavichy, citing
``inexpediency,'' declined to include the independent newspaper Intex-
press in its 2011 subscription catalogue.
Journalists reporting for international media that gave extensive
coverage to the country, such as the Warsaw-based independent satellite
channel Belsat TV and the Polish radio station Radio Racyja, continued
to receive warnings from the prosecutor's office for working without
accreditation. After enactment of the new media law, authorities sent
warnings to at least 20 independent journalists.
On July 20, the Ministry of Foreign Affairs rejected the
accreditation application of Radio Racyja journalist Viktar
Parfyonenka.
On November 3, the foreign ministry refused to extend accreditation
for Yauhen Ahurtsou, a member of BAJ and local correspondent of the
Russian radio station Golos Rossii. The ministry alleged that Ahurtsou
worked for the radio station without accreditation after its
credentials had expired on September 1 and that it received a belated
request to extend it on September 11. The ministry reportedly reviewed
the request only on November 2 and alleged that Ahurtsou published
articles on the station's Web site after September 1.
On November 19, the ministry denied the accreditation applications
of Polish newspaper Gazeta Wyborcza's correspondent Andrzej Paczobut
and a photojournalist citing their previous work for the publication
without permission from the Government. This was in spite of the fact
that the photojournalist had maintained a valid accreditation at all
times.
On December 9, the ministry turned down the accreditation and entry
visa request of Swedish photojournalist Dean Cox without any
explanation.
Independent domestic media outlets faced penalties for cooperating
with foreign-based media. On February 4, a court in Minsk fined the
publishers of Narodnaya Volya 700,000 rubles ($235) for placing a
notice regarding the programs of Belsat TV.
International media continued to operate in the country but not
without interference and harassment. Euronews and the Russian channels
First Channel, NTV, and RTR were generally available, although only
through paid cable services in many parts of the country. Their news
programs were at times blocked, censored, or replaced with local
programming. For example, the Russian NTV channel's four documentaries
implicating Lukashenka in the high-profile disappearances of political
leaders and a journalist in 1999 and 2000 were subject to blackouts and
censorship by the Government during the year. Broadcasts from other
countries, including Poland and Lithuania, could be received in parts
of the country, usually along the border. In April 2009 the Government
suspended the broadcast of five popular Russian channels, including TV
Center International and Ren TV.
On November 18, the Ministry of Foreign Affairs renewed for one
year the accreditation of nine journalists and technical personnel of
European Radio for Belarus (ERB), including the bureau chief and
editor. The ministry denied reaccreditation for an ERB Brest
correspondent and also rejected a second registration application from
external broadcaster Belsat TV.
In late December the ONT state television station announced that
its talk show Vybar was being suspended until mid-January after a
contentious election night interview with Lidziya Yarmoshyna, chairman
of the Central Election Commission. Host Syarhey Darafeyeu asked
Yarmoshyna to comment on a video clip showing a teacher at a state
university urging her students to ``vote early,'' leading Yarmoshyna to
storm off the set. Early voting, strongly encouraged by the Government,
lasted five days, during which independent observers had no ability to
monitor ballot boxes at night. At a news conference on December 20,
Lukashenka referred to the 30-year-old Darafeyeu as a ``boy journalist
who must be put in his place.''
The Government continued to harass, assault, and arrest
journalists. On January 13, police searched the private residence of
independent journalist Syarhey Serabro in Vitsyebsk and confiscated
computer equipment and a camera. Although officers returned his
property on January 26, Serabro was questioned in relation to the
criminal case against local opposition activist Syarhey Kavalenka on
February 1. He was again summoned for interrogation on February 22.
On February 4, a court in Minsk sentenced independent journalist
Ivan Shulha to 10 days in jail for allegedly inflicting bodily harm on
a police officer during his detention. Also in early February police on
two separate occasions attempted to conduct warrantless raids on the
apartment of Belsat TV correspondent Mikhail Yanchuk.
On February 15, the chief editor of Magazyn Polski na Uchodzstwie,
Ihar Bantsar, and Gazeta Wyborczej correspondent Andrzej Paczobut were
each sentenced to five days in prison for participating in an
unsanctioned meeting at the Polish House educational center in Hrodna
on February 10. On April 1, police in Shchuchyn confiscated 450 copies
of Magazyn Polski na Uchodzstwie from employees who were pulled over
and searched on the road between Minsk and Hrodna.
Police interrogated and searched several independent journalists
while investigating a defamation suit filed by Ivan Korzh, ex-chair of
the KGB in the Homyel region, against police officers who had provided
journalists with information Korzh contended was false. On February 17
and 26, police searched the workplace of Narodnaya Volya deputy editor
Maryna Koktysh and the apartment of the newspaper's editor, Svyatlana
Kalinkina. Iryna Khalip, a journalist for the Russian newspaper Novaya
Gazeta, and her spouse, presidential candidate Andrey Sannikau, were
questioned at a police precinct on March 3. During raids of the offices
and private apartments of witnesses on March 16, police confiscated
computer equipment and electronic storage media from Natallya Radzina,
editor of the opposition Web site Charter 97, Koktysh and Kalinkina of
the Narodnaya Volya, and Khalip. A police officer hit Radzina in the
face when attempting forcibly to enter the office of Charter 97. On
March 12, security officers arrested Koktysh and seized a vehicle that
she was importing at the Lithuanian border, claiming that the car was
stolen. Koktysh was released without charge the next day, and the car
was returned to her a few days later. On March 26, Kalinkina, Koktysh,
and Radzina were summoned for interrogation. Police again interrogated
Kalinkina, Radzina, and Khalip on April 2. Radzina indicated that many
of the questions related to Charter 97's operations. They were again
interrogated on April 28.
Authorities also informed Radzina that police had opened a separate
defamation investigation into comments made by bloggers on the Charter
97 Web site; the bloggers were reacting to an article about the
imprisonment of Autukhovich that appeared in the state-owned newspaper
Sovetskaya Belorussiya. On May 19, Radzina, Kalinkina, and Koktysh were
summoned for further interrogation. Khalip was summoned again on May
26. On July 1, the Minsk city prosecutor's office questioned Radzina as
a witness in the defamation case. On December 8, a prosecutor informed
Charter 97 of a third criminal case opened against the group that
required further examination of previously confiscated computer
equipment. The prosecutor declined to disclose charges and suspects in
the case. All cases were pending at year's end.
Security officers continually hampered efforts of independent
journalists to cover Solidarity Day and other protests in Minsk. On
February 16, Nasha Niva photographer Yuliya Darashkevich was detained
and questioned for three hours. On February 23, authorities charged
independent journalist Alyaksandr Dzianisau with conducting an
unauthorized interview with the administrator of a local school,
despite the administrator's agreement to participate in the interview.
On March 15, a court in Hrodna fined Dzianisau 70,000 rubles ($23).
On March 2, Interior Minister Anatol Kulyashou's deputy, Aleh
Pyakarski, supported police measures during street protests and called
for regulations to establish rules of conduct for reporters covering
demonstrations.
On March 22, Interior Minister Kulyashou declined to meet with the
BAJ to discuss possible measures against police officers for
obstructing journalists during mass events in downtown Minsk. The
Minister stated that all demonstrations were prohibited in downtown
Minsk and that police never abused their powers. He also claimed that
``no individuals who had identified themselves as journalists were
detained'' during these demonstrations. Kulyashou added that his
ministry gave no ``special'' orders to impede journalists from
performing their duties.
On April 16, police detained independent photojournalists Uladzimir
Grydzin and Kseniya Avimava for three hours. They were photographing
democratic youth activists delivering a petition to BRYU officials in
Minsk.
On April 21, police briefly detained independent journalist
Uladzimir Staraverau in Vitsyebsk and confiscated his video materials.
On May 18, security officers raided the private residences and
offices of activists across the country associated with the Tell the
Truth information campaign. Syarhey Vaznyak, chief editor of the
independent newspaper Tavarysch, was detained for three days along with
two other campaign leaders. Police detained and questioned independent
journalists Yury Aleinik, Yury Varonezhtsau, Larysa Nasanovich,
Alyaksandr Ulitsyonak, and Alyaksandr Fyaduta.
On June 15, police detained and questioned independent journalists
Nasta Krauchuk and Volha Zharnasek, who were covering Tell the Truth
campaign activists as they disseminated printed materials to students
in front of BSU. The journalists were taken to a police precinct,
searched, questioned, and released a few hours later with no charge.
However, Krauchuk reported that their camera was damaged during
detention.
On November 17, prosecutors questioned Viktar Fedarovich, a
journalist from independent media organization BelaPAN, regarding an
article that purportedly contained information illegally disclosed from
a preliminary criminal investigation against senior prosecutor
Svyatlana Baikova.
On December 9, police briefly detained one BelaPAN and one Nasha
Niva correspondent who were covering a sanctioned demonstration staged
by Belarusian activists of the Russian National Bolshevik Party against
Lukashenka's reelection bid. The two were released after an
identification check without charge.
On December 10, independent journalist Dzmitry Rastaeu was forced
to resign from his job at the independent Vecherniy Bobruysk newspaper
after local ideology officer Mikhail Kavalevich pressured publishers to
fire him for his criticism of the Government.
During and after the Government crackdown that followed the
December 19 postelection demonstrations, authorities raided the offices
of a number of independent media outlets.
On the night of December 19, police detained at least 15
journalists, members of BAJ, and over five foreign correspondents,
according to the BAJ press services. One of the foreign journalists,
Mariya Antonova, of Agence France Presse, was reportedly released and
left the country on December 20. Twenty-two other journalists reported
being the victims of physical violence during the police crackdown on
demonstrations. These included Michael Schwirtz and James Hill of the
New York Times, Anton Kharchenko and Victor Filyaev of television
channel Russia Today, and Hanz Cezarek, a photojournalist for Austrian
Internet-based news service news.at.
On December 25, according to press reports, authorities raided the
Minsk offices of ERB, which was officially registered in the country
but based in Poland, and Belsat TV, unregistered in the country and
based in Poland. Over 50 pieces of office and studio equipment were
seized from the ERB offices without the presence of its journalists,
leaving little more than tables and chairs. In anticipation of the
raid, Belsat staff had vacated their premises several days earlier. On
December 31, KGB agents searched the apartment of Belsat reporter
Katsyaryna Tkachenka, seizing her laptop and SIM cards.
On December 28, three KGB officers searched for three hours the
residence of Andrey Skurko, chief editor of the independent Nasha Niva,
and confiscated computer equipment. That same day security forces
raided offices of the Belarusian PEN Center and Nasha Niva in downtown
Minsk. Officers seized 12 computers and electronic storage media.
On December 31, KGB officers raided the residence of Nasha Niva
photojournalist Yuliya Darashkevich in search of video and photos from
the December 19 demonstration. They seized two laptops, flash drives,
recording devices, cameras, and disks.
During the year several independent journalists, including
Kalinkina, Radzina, and Khalip, as well as playwright Mikalay Khalezin,
received threats of physical violence in anonymous letters by mail and
in comments on their blogs. They linked the intimidation with their
professional activities and believed security forces were behind the
threats.
The Government tightly controlled the content of domestic broadcast
media. In 2007 the president stated that control of radio and
television stations remained a high priority for the Government and
that private stations would not be allowed to operate in the country.
He also stated that state publishing houses would never sign contracts
with independent media publications that violated media laws. In April
2009 the president reiterated his earlier remarks and dismissed
concerns about ``the closure of the Russian channels.'' On December 20,
Lukashenka pledged to ``reform the Internet'' which according to him,
was used to ``mock authorities and the people.'' He committed to
``bringing it closer to Western standards'' and threatened journalists
that they would be held ``fully responsible for every word.''
Only the state-run radio and the state-run television networks were
allowed to broadcast nationwide. The Government continued to use its
virtual monopoly of television and radio broadcasting to disseminate
its version of events and minimize all opposing viewpoints. State
television coordinated its propaganda documentaries with the country's
security services.
Local independent television stations operated in some areas and
reported local news; however, most were under government pressure to
forgo reporting on national issues or risk being censored. Such
stations frequently were pressured into sharing materials and
cooperating with authorities to intimidate local opposition and human
rights groups that met with foreign diplomats.
Libel is a criminal offense. There are large fines and prison
sentences of up to four years for slandering and insulting the
president. Penalties for defamation of character make no distinction
between private and public persons. A public figure who is criticized
for poor performance while in office may sue both the journalist and
the media outlet that disseminated the critical report. For example, on
January 11, a court in Barysau convicted the independent newspaper
Borisovskie Novosti and its journalist Anatol Mazgou of insulting a
member of the local government in an article and obliged them to pay 2
million rubles ($670) in moral damages.
On May 13, the Brest regional prosecutors warned small business
activist Viktar Chaykouski that he could be held criminally liable for
``discrediting the Republic of Belarus'' in his ``subjective''
interviews with independent media. Chaykouski purportedly ``cited
unreliable information about the social and economic situation'' in the
country.
Human rights sources reported in July that prosecutors were
investigating bloggers' comments on the independent news site
vialejka.org for possible libel. Activist Mikalay Susla was summoned
for questioning as a witness, and his computer was confiscated for
further examination.
On July 15, regional prosecutors notified Syarhey Panamarou, an
editor of the Boyki Klyotsk bulletin (circulation under 300 copies),
that a criminal case against him for allegedly libeling local
government officials in his publications was sent to court. Hearings
were scheduled for August 23, but Panamarou fled the country to escape
prosecution. He characterized the charges as politically motivated.
The Government took numerous other actions during the year to limit
the independent press, including limiting access to newsprint and
printing presses. Several independent newspapers, including Vitsyebski
Kuryer (previously forced out of the country and registered in Russia)
and Tavarysch, printed materials in Russia because domestic printing
presses (mostly state-owned) refused to print them. The Information
Ministry warned the Tavarysch newspaper in June that it could lose its
registration due to the editorial's failure to publish the newspaper
weekly according to its registration license. Both newspapers remained
out of circulation at year's end. Other independent newspapers, such as
Salidarnasc, BDG, and Bobruysky Kuryer, disseminated Internet-only
versions due to printing and distribution restrictions.
At year's end journalists of the independent weekly Gazeta
Slonimskaya continued to work from their homes, after having been
forced to vacate the newspaper's rented premises in mid-2008. The
newspaper's editor, Viktar Uladashchuk, stated that he could not lease
a new office because rental agencies feared government reprisals.
During the year the Government confiscated numerous independent and
opposition newspapers and seized leaflets and other materials deemed to
have been printed illegally.
On January 12, police briefly detained opposition activist Barys
Khamayda for distributing independent newspapers in Vitsyebsk. He was
again apprehended and held for more than two hours on February 18 and
an hour on June 27. On February 22, police detained Malady Front
activist Ales Kirkevich on charges of illegally distributing the
newspaper Khristiankaya Oborona. On March 25, a court in Hrodna fined
him 1,225,000 rubles ($410). In August, Kirkevich was fined 875,000
rubles ($290) in absentia for the illegal distribution of printed
materials on July 3.
Police detained private publisher Viktar Ramnyou at least four
times during the year and confiscated numerous copies of his
independent newspaper Vitsyebski Kuryer (printed in Russia) and other
material. He was heavily fined on charges of distributing illegally
printed materials. For example, on March 17, police seized 50,000
copies of the independent newspaper Nash Dom from Ramnyou and his
associate Volha Karach; on March 26, police fined Ramnyou 1,750,000
rubles ($585). On March 25, police in the Vitsyebsk region seized over
10,000 copies of the Vitsyebski Kuryer from Ramnyou, and on the same
day a court in Lyozna fined Ramnyou 1,225,000 rubles ($410) for
illegally transporting the publication. On April 8, police seized
10,000 copies of the Vitsyebski Kuryer from Ramnyou in the Mahilyou
region and searched his car. On May 6, Ramnyou was fined 1,050,000
rubles ($350) for illegally carrying 53 copies of the newspaper. On
October 8, more than 11,000 copies of the newspaper Vitsyebski Kuryer
were seized from him. On October 12, a court in Lyozna fined Ramnyou
1,225,000 ($410) for illegal distribution. In a separate case involving
Vitsyebski Kuryer, the Supreme Economic Court upheld a decision of the
Vitsyebsk Oblast Economic court to deny publishers a license to
distribute newspapers independently.
On March 24, police detained democratic activist Alyaksandr Pratsko
for distributing the independent publication Novy Chas at a market in
Homyel. Officers examined copies of the newspaper and released Pratsko
an hour later without charge. On March 26, a court in Buda-Kashalyou
fined journalist and human rights advocate Valer Shchukin 1,050,000
rubles ($350) for transporting 24,000 copies of the Nash Dom newspaper.
On May 4, authorities confiscated more than 12,000 copies of the
newspaper Nash Dom from democratic activist Khrystsina Shatsikava. On
June 28, a judge in Mahilyou upheld the confiscation and the court
fined Shatsikava 700,000 rubles ($235) for disseminating illegally
printed materials.
During a raid on April 1, authorities confiscated materials from
For Freedom movement activist Alyaksandr Ramanovich. On June 16, a
court in Pinsk fined Ramanovich 1,050,000 rubles ($350) for
distribution of illegally printed materials.
On June 7, a court in Vitsyebsk fined in absentia the editor of the
Vitsyebski Kuryer newspaper, Aleh Barshcheuski, 700,000 rubles ($235)
for illegally disseminating printed media. Police searched
Barshcheuski's car and confiscated copies of the newspaper.
On July 9, police in Krychau detained an independent distributor
and confiscated 297 copies of the local independent publication Volny
Horad. The prosecutors ordered a ``linguistic examination'' of the
newspaper.
On October 1, a court in Mahilyou fined human rights advocate and
journalist Valer Shchukin 1,050,000 rubles ($350) for illegal
distribution of printed materials. Police detained Shchukin on August 8
and confiscated 24,000 copies of the Nash Dom newspaper as well as
5,500 copies of a bulletin about women's rights.
On November 30, a court in Vitsyebsk fined activist Syarhey
Kandakou 700,000 rubles ($235) for distributing the newspaper
Vitsyebski Kuryer. The publication remained out of circulation at
year's end.

Internet Freedom.--On July 1, the president issued an edict that
requires registration of service providers and Internet Web sites,
establishes restrictions on access to sites containing ``extremist
activity'' (which many activists believed could be interpreted to
include government opponents), and requires the collection of
information on users at Internet cafes. It requires service providers
to store data on the Internet use of individuals for a year and to hand
that information over to law enforcement agencies upon their request.
The edict restricts access to Web sites whose content includes
``extremist activities;'' materials related to illicit weapons,
explosives, and drugs; trafficking in persons; pornography; and
promotion of violence. It requires service providers to eliminate
access to these subject areas from government offices, educational
facilities, and cultural institutions if ordered to do so by the KGB,
the prosecutor general, the Operation and Analytical Center under the
presidential administration, and other state agencies. On October 27,
the State Telecommunications Inspectorate under the Communications
Ministry stated that the list of restricted Web sites, which is
undisclosed, contained 20 sources that carried ``extremist or
pornographic'' materials. Internet service providers are required to
update the list on a daily basis. Decisions to restrict access to
Internet sources may be appealed to the courts.
The Government partially restricted access to the Internet, and
monitored e-mail and Internet chat rooms. Individuals and groups were
generally able to engage in the peaceful expression of views via the
Internet, including by e-mail, but opposition activists faced the
likelihood that their e-mails and other Web-based communications would
be monitored.
The authorities freely monitored Internet traffic. By law the
telecommunications monopoly, Beltelekam, and other organizations
authorized by the Government had the exclusive right to maintain
Internet domains.
On October 25, operation and analytical center deputy Uladzimir
Ryabavolau stated that the main purpose of regulating the ``Belarus
segment of the Internet'' was to create ``conditions for its
accelerated development.'' Many activists and demonstration
participants questioned after the December 19 demonstration reported
that security officers told them that phone records had placed them in
the vicinity of Independence Square during the demonstration. In late
December international and local media reported that Swedish
telecommunications firm Ericsson confirmed it had supplied surveillance
equipment to authorities. Such equipment allowed the Government to
track use of the three major mobile communications networks during the
protests. On March 3, Lukashenka signed an edict that required
telecommunications companies to provide the KGB and other security
officials with access to their customer databases. The companies were
responsible for bearing the costs of purchase, installation, and
maintenance of the relevant equipment.
Approximately one-third of the population had access to the
Internet, and Internet use was highest in urban areas. Access was
restricted by relatively high costs and lack of high-speed services in
certain areas of the country, as well as at state companies and
organizations where reportedly filters exist (and which cover
workplaces of 80 percent of the country's workers). On occasion
government providers blocked independent and opposition Web sites
during major political events.
On June 24, authorities blocked the Web site of the unregistered
Malady Front NGO. Additionally, the group had no control over or access
to its Web site and was not able to update information on it due to
``external interference'' between June 8 and 20. In May the Malady
Front was forced to close down its Salihorsk region Web site due to
numerous viruses and continued script errors.
On July 8, the state-controlled Beltelekam claimed that it blocked
the Web site of the independent Vitsyebski Kuryer in response to a
request from the newspaper's owners to discontinue hosting services as
of July 5. Volha Karach, one of the newspaper's founders, denied that
the paper had made any such request. The Web site resumed its
operations at a different domain hosted outside of the country on July
12.
On July 16, the opposition group Charter 97 reported a cyber attack
on its Web site after it posted a critical documentary about
Lukashenka, implicating him in high-profile disappearances in 1999 and
2000. The Web site also was blocked on June 23, following extensive
reports about a dispute over natural gas pricing between the
Governments of Belarus and Russia.
On September 7, authorities in Navapolatsk blocked the independent
Internet resource ximik.info in compliance with the July 1presidential
edict. According to the Web site's editor, Andrey Alyaksandrau, a
number of local educational institutions had eliminated access to the
Web site long before the edict's enforcement. In response to the
Government's interference and Internet restrictions, many opposition
groups and independent newspapers switched to Internet domains
operating outside the country. The few remaining independent media
sites with domestic ``.by'' domains practiced heavy self-censorship.
On election day, December 19, both before and during the
antigovernment demonstration, cyber attacks apparently blocked
independent news portals and social networks. The Web sites of Charter
97, Belarusian Partisan, Vyasna, Belarusian Christian Democracy,
electroname.com, citizenby.org, Salidarnasc, Twitter, Facebook, and
LiveJournal were all unavailable throughout the country. Access to
certain news portals, including independent news agency BelaPAN and
Radio Liberty, was intermittent.
The Government continued to collect and obtain personally
identifiable information on independent journalists and democratic
activists. For example, investigators hacked personal passwords to
access e-mails, Skype records, and other materials, to read decoded
files, and to retrieve deleted information on the computers confiscated
from independent journalists Kalinkina, Koktysh, Khalip, and Radzina
during raids in February and March.

Academic Freedom and Cultural Events.--The Government restricted
academic freedom and cultural events. Educational institutions were
required to teach an official state ideology that combined reverence
for the achievements of the former Soviet Union and of Belarus under
the leadership of Lukashenka. Use of the word ``academic'' was
restricted; NGOs were prohibited from including the word ``academy'' in
their titles. Opportunities to receive a higher education in the
Belarusian language in the majority of fields of study were scarce.
Administrations of higher educational institutions made no effort to
accommodate students wishing to study in Belarusian-language classes.
In October 2009 Deputy Education Minister Tatsyana Kavalyova stated
that ideology remained ``the backbone'' of education in the country and
gave ``special flavor to the educational environment.'' She also noted
that every educational institution maintained an ideology department.
During the year authorities harassed, intimidated, and dismissed
teachers on political grounds. For example, Minsk regional education
official Taisa Danilevich warned six local schoolteachers that they
would be dismissed if they did not disavow their membership in
opposition parties.
In May authorities dismissed Belarusian language teacher Syarhey
Salodkin from a school in the village of Koptsi. Salodkin published the
bulletin Poklich Voli, circulation fewer than 300 copies, which the
local education department considered ``opposition.'' Salodkin also
refused to join the state-run trade union.
On June 11, the Belarus State University of Culture and Arts
dismissed prominent playwright Andrey Kureychyk for his public support
of the Tell the Truth information campaign leaders who were detained
and arrested in May. Following extensive criticism in the independent
media, Kureychyk was offered his job back on July 18.
Government-mandated textbooks contained a heavily propagandized
version of history and other subjects. All schools, including private
institutions, were considered political bodies that must follow state
orders and could not be led by opposition members. The education
minister has the right to appoint and dismiss the heads of private
educational institutions.
The BRYU continued its efforts to promote ideological purity among
students. University students reportedly were pressured to join the
BRYU to receive benefits and rooms in dormitories. Local authorities
also pressured BRYU members to campaign on behalf of government
candidates. In addition authorities at times pressured students to act
as informants for the country's security services.
According to an education ministry directive, educational
institutions may expel students who engage in antigovernment or
unsanctioned political activity and are to maintain the proper
ideological education of students. During the year at least six
students were expelled for political reasons, compared with three or
more in 2009, at least 10 in 2008, 20 in 2007, and more than 100 in
2006. Some school officials continued to cite poor academic performance
or absence from classes as reasons for the expulsions.
In February the Belarus Science and Technologies University
expelled first-year student Syarhey Kuryanovich for his participation
in activities of the unregistered European Belarus coalition.
Professors told Kuryanovich privately that they were forced to grade
him low and expel him for his subsequent academic failures.
On March 5, the private Institute for Parliamentary Studies and
Entrepreneurship expelled Marat Abramouski after he announced he would
run in local elections.
In March a university in Mahilyou expelled Stanislau Ramanovich, a
Malady Front local leader, for his political activities. Two KGB
officers interrogated Ramanovich at the university in January and
threatened him with expulsion.
On March 24, Iryna Hubskaya, a second-year student and a democratic
candidate in local elections, was expelled from a private university in
Minsk, allegedly for missing classes.
During the year Franak Vyachorka, a prominent opposition youth
leader who was expelled from BSU in 2008 and forcibly drafted in 2009,
applied for enrollment to five universities. Four of them denied his
application in September, one never responded, and Vyachorka complained
to the Education Ministry that he was ``denied the right to receive
higher education in Belarus.'' BSU previously rejected eight
application requests from Vyachorka and told him in September that he
could be reinstated as a correspondence student of the philology
department starting on February 1, 2011.
On November 3, the International Liberal Arts and Economics
Institute expelled fifth-year student Uladzimir Kumets for
participating in the nomination group of presidential candidate and
Tell the Truth campaign leader Uladzimir Nyaklyaeu. During a meeting on
November 10, the head of the institute reportedly promised Nyaklyaeu
that Kumets would be reinstated in January 2011. Kumets left the
country to avoid prosecution after the December 19 crackdown.
The Belarusian State University expelled Malady Front activist
Tatsyana Shaputska following her return from the Eastern Partnership
Civil Society Forum in Brussels in November 2009. Although the foreign
minister claimed that she was expelled for poor attendance, Shaputska
reportedly was told that the reason for her expulsion was that she
failed to gain permission for the trip from the law faculty dean. On
January 28, the Education Ministry turned down her reinstatement
request, stating that there were no ``legal grounds'' for revoking
expulsion orders. A Minsk district court dismissed Shaputska's appeal
on March 26.
Human rights advocates announced in November that BSU expelled a
fifth-year journalism student for being featured in an anti-Lukashenka
video clip posted to YouTube prior to the election.
In December the Committee for the Protection of the Repressed
Solidarity reported that opposition youth activist Mikhail Mikulich was
expelled from the Belarusian State Pedagogical University for political
reasons.
The Government continued to ban teachers and democratic activists
from promoting the wider use of the Belarusian language and the
preservation of its culture. For example, on September 5, police in
Khoyniki briefly detained Maryia Tulzhankova, a member of the young
historians' society Talaka, while she was attending the 2010 Belarus
Written Language Festival. Officers questioned her about photographing
folk bands' performances and looked through her pictures. She was
released without charge.
The Government also restricted cultural events. During the year,
the Government continued to force opposition theater groups into such
venues as bars and private apartments and to suppress unofficial
commemorations of historical events. For example, on January 27,
organizers of the public release of the compact disc Belarusian Guitar
Poet Hits had to look for a different venue for the event at the last
minute after Minsk city authorities warned the St. Simon and St. Helena
Catholic Church against holding the affair. The compact disc was
produced by the unregistered Belarusian Christian Democracy Party.
At year's end authorities claimed they were not planning to expel
students who took part in the December 19 postelection demonstration in
Minsk. BSU administration stated that they would review written
explanations submitted by students who were arrested and served short-
term sentences before taking further action. On December 28, Viktar
Iuchankau, spokesman for the Education Ministry, asserted that students
were ``not expelled from Belarusian universities for political
reasons.'' According to information released by a state TV channel on
December 26, 14 percent of those arrested during the December 19
demonstration were students, and there were credible reports that at
least 10 of these students were facing expulsion at the end of the year
for their political activities related to the December 19
demonstration.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of peaceful assembly;
however, the Government severely restricted this right in practice.
Only registered political parties, trade unions, and NGOs could request
permission to hold a demonstration of more than 1,000 persons, and
denials were common. Security forces frequently forcibly dispersed
participants, often causing injuries (see section 1.c.).
The law criminalizes participation in the activities of
unregistered NGOs, training of persons to demonstrate, financing of
public demonstrations, or solicitation of foreign assistance ``to the
detriment'' of the country. Violations are punishable by up to three
years in prison.
During the year authorities employed a variety of means to
discourage the holding of demonstrations, to break them up, to minimize
their impact, and to punish the participants. Organizers must apply at
least 15 days in advance for permission to conduct a public
demonstration, rally, or meeting, and government officials are required
to respond no later than five days prior to the scheduled event.
However, authorities generally refused permits to opposition groups or
granted permits only for demonstrations held well away from city
centers. Authorities used intimidation and threats to discourage
persons from participating in demonstrations, openly videotaped
participants, and imposed heavy fines or jail sentences on participants
in unsanctioned demonstrations. On dozens of occasions authorities
fined opposition activists and members of NGOs for participating in
unauthorized protests. On many occasions police and other security
officials beat and detained demonstrators before, during, and after
unsanctioned peaceful demonstrations (see section 1.c.).
On March 16, 14 opposition supporters who held a rally in front of
the Supreme Court to show support for the Vaukavysk activists on trial
were detained and charged with holding an unsanctioned event. European
Belarus campaign activists Maksim Vinyarski, Palina Kuryanovich, and
Palina Dzyakava were held in custody overnight and fined 700,000 rubles
($235), 1,050,000 rubles ($350), and 1,325,000 ($440), respectively. On
March 29, a court in Minsk fined youth activist Andrey Kuzminski
1,400,000 rubles ($465). In April opposition youths Andrey Krechka and
Aleh Ladutska were fined 700,000 rubles ($235) each, and Artur
Finkevich and Yauhen Afnahel were fined 17,000 rubles ($6) each.
On March 23, police arrested three prominent human rights
advocates, Ales Byalyatski, Valyantsin Stephanovich, and Iryna Toustik
for protesting against two death penalty executions; police also
arrested independent journalist Syarhey Sys. They charged all but Sys
with violating mass events regulations. On March 24, a Minsk district
court fined the three 17,500 rubles ($6) each.
Authorities took various measures to deter efforts by prodemocracy
activists to celebrate the March 25 anniversary of the country's
declaration of independence in 1918, an event the Government does not
recognize. Authorities rejected democratic activists' applications to
hold the annual March 25 Freedom Day demonstration and to march
downtown, as well as one on April 26 commemorating the Chernobyl
disaster in central Minsk. Instead they gave permission for the group
to gather at the Academy of Sciences building and demonstrate in a
secluded park outside central Minsk.
A few hours before the planned demonstration, security forces
apprehended Yury Karetnikau, the leader of the NGO Right Alliance, at
the Minsk railway station. Police detained a group of Right Alliance
activists for an identification and vehicle check on the road from Lida
to Minsk. Without a warrant they confiscated 20 unregistered white-red-
white opposition flags and 500 Belarusian Popular Front emblems from
opposition youth activist Andrey Krechka in Minsk. In Asipovichy,
Belarusian Popular Front activist Ihar Simbirau's residence was
searched, and police questioned four Belarusian Christian Democracy
members at a railroad station in Babruysk, thus preventing them from
boarding a train on time. On March 25, in Homyel, security officers
took the local For Freedom movement activist Pyotr Kuznyatou off the
Minsk-bound train. Police also hampered the delivery of the sound
amplifying equipment to the demonstration venue.
Young Belarus member Anton Rusin was detained prior to the March
25, demonstration, along with his associate Tsimafey Dranchuk, who was
taken to the emergency room from the police precinct due to high blood
pressure. On March 26, a court in Minsk fined Rusin 875,000 rubles
($290) on minor hooliganism charges.
Despite the Government's actions, on March 25, approximately 1,000
democracy activists demonstrated peacefully at the designated site;
however, police in full riot gear blocked a group of 500 of the
participants from marching toward downtown Minsk.
On April 26, authorities took heightened security measures at the
site of the peaceful demonstration attended by approximately 1,500
persons by fencing off the premises in front of the Academy of Sciences
building and installing metal detectors around the perimeter.
Alyaksandr Lastouski, the Minsk city police spokesperson, noted that
similar measures would be taken during any street rallies in which
participation was expected to exceed 500 persons, in order ``to ensure
the safety of Belarusian citizens.''
Officials in Brest denied opposition political groups authorization
to organize Labor Day marches on May 1, alleging that they could
disrupt traffic.
In May, Minsk authorities refused a request from opposition
politician Ales Mikhalevich and his associates to hold a rally in front
of the National Museum of the History of the Great Patriotic War to
protest plans for its demolition.
On May 7, police briefly detained seven opposition activists,
including United Civic Party leader Anatol Lyabedzka, for demonstrating
in Minsk to mark the 11th anniversary of the 1999 disappearance of Yury
Zakharanka. On the same day a Minsk district court fined the seven from
350,000 ($115) to 1,050,000 rubles ($350). Also on May 7, in Brest two
human rights activists were detained for distributing leaflets
including information on the Zakharanka case.
On May 12, former political prisoner Alyaksandr Kazulin was given a
700,000 ruble ($235) fine, and fines of 525,000 rubles ($175) each were
given to Small Business Council leader Alyaksandr Makayeu and to Malady
Front activists Mikalay Dzemidzenka and Uladzimir Yaromenka, on charges
that they used obscene language during a May 6 protest in front of the
Supreme Court.
On June 21, Minsk authorities denied the unregistered Russian
National Bolshevik Party representatives permission to protest in the
city center against the presidential edict on Internet regulations.
Earlier, on June 10, 50 activists peacefully gathered at a remote park
for a sanctioned demonstration against the edict.
On June 23, riot police dispersed an unauthorized rally against
Edict no. 60 by Russian National Bolshevik Party activists; police
detained five activists, who remained in custody overnight. The next
day Yauhen Kontush, the leader of the group, was fined 875,000 rubles
($290), and the four others were fined 175,000 rubles ($60) each.
On July 12, a Homyel district court turned down an appeal from
democratic groups challenging a ban on rallies to mark June 1,
International Children's Day. Authorities refused 34 applications for
demonstrations related to the occasion.
On July 15, police arrested approximately 70 activists near the
national library in Minsk. The young participants planned to stage a
pillow fight to mark the 600th anniversary of the 1410 Grunewald
battle. All except former political prisoner and youth leader Andrey
Kim were released three hours later without charges. Kim was kept in
custody overnight. The next day a court fined Kim 17,500 rubles ($6)
for holding an unsanctioned mass event.
On July 24, police in Mahilyou broke up a protest by Russian
National Bolshevik Party representatives against the Internet edict.
Party activist Valyantsin Labachou was detained for an hour and taken
to a police station for an identification check.
On July 26, police in Homyel detained at least 10 activists,
including human rights advocate Anatol Paplauny, who demonstrated to
mark the 20th anniversary of the adoption of the Declaration of
Belarus' Sovereignty. Police confiscated their printed materials. In
separate incidents on the same day, officers briefly detained four
other democracy activists.
On July 27, police in Minsk also dispersed opposition activists
marking the 20th anniversary of the adoption of the Declaration of
Belarus' Sovereignty and briefly detained several participants.
On August 16, eight opposition activists were arrested during an
unsanctioned Solidarity Day rally in Minsk; they were released without
charges three hours later.
On July 27, police in Salihorsk detained local Malady Front
activists Andrey Tychyna and Ryhor Astapenya for attempting to hold a
commemoration of the adoption of the Declaration of Belarus'
Sovereignty. On August 24, a court fined them 700,000 ($235) each for
disobeying police orders.
In August authorities in Brest, Kamyanets, Malaryta, and Mahilyou
denied the request of Tell the Truth campaign activists to demonstrate,
to display placards, and to collect signatures in support of campaign
leader Uladzimir Nyaklyaeu's nomination to the Fourth All-Belarusian
People's Assembly.
On August 5, a district court in Minsk fined opposition activists
Mikalay Dzemidzenka and Katsyaryna Davydzik 105,000 rubles ($35) each,
and Vyachaslau Siuchyk and Andrey Kim 350,000 rubles ($115) each for
participating in an unauthorized demonstration on July 27, the occasion
of the 20th anniversary of the adoption of the Declaration of Belarus'
Sovereignty. All were detained overnight and released.
On August 12, the Minsk city government denied opposition forces
permission to march and rally on August 16 to mark the monthly
Solidarity Day and the high-profile disappearances of 1999 and 2000.
Their application contained errors, according to officials.
On August 16, police arrested eight opposition activists during an
unsanctioned demonstration on the Solidarity Day in northern Minsk. All
were required to write written explanations of their activities at a
police station and were released three hours later without charge.
On August 17, authorities in Mahilyou denied activists of the
unregistered Party of Freedom and Progress permission to hold small
demonstrations in the city to call for infrastructure improvements to
roads and hospitals. Activists also planned to collect signatures for a
petition favoring the construction of two outpatient clinics in remote
neighborhoods and for road repairs. Mahilyou authorities designated a
site in front of a deserted building in the city outskirts as a venue
for demonstrations.
In Brest authorities turned down applications from democracy
activists to hold a demonstration in the city center on August 30 to
mark the International Day of the Disappeared. Instead, they were
instructed to stage it at a remote stadium which remained the only
authorized demonstration venue in Brest.
On September 9, more than 50 opposition youths were briefly
detained for their attempt to stage another unsanctioned pillow fight
in central Minsk. Police questioned them and released without charge.
In September members of the unregistered Belarusian Christian
Democracy Party and other democracy activists staged a number of
unauthorized protests against Minsk city authorities' plans to convert
the former Catholic Bernardine monastery into a hotel and entertainment
center. Although most of the demonstrations proceeded peacefully, on
September 16 security forces arrested at least 18 activists on their
way to the protest, fingerprinted them at a police station, and
released them without charges hours later. Opposition activist
Vyachaslau Siuchyk complained that his wife and son were beaten when
they attempted to enter the precinct. On September 20, Belarusian
Christian Democracy co-chair Paval Sevyarynets, three Malady Front
leaders, and two more activists were detained, reportedly battered in a
police bus, and harassed at a precinct. The next day on their way to a
protest seven activists, including Belarusian Christian Democracy co-
chair Vital Rymasheuski, were detained by police for more than two
hours and then released without charge.
On September 24, Homyel opposition activists Vasil Palyakou and
Valer Repnin were fined 1,050,000 rubles ($350) each for illegally
distributing greeting cards on the occasion of the 20th anniversary of
the adoption of the Declaration of Belarus' Sovereignty on July 26.
On October 2, four Malady Front activists were detained for three
hours for disseminating printed materials about demonstrations at the
Bernardine monastery. Police threatened the youths with expulsion from
their universities and dismissal from their jobs if they continued such
political activities.
On October 29, police in Minsk prevented a group of democracy
activists from holding an event inside a grocery store to raise
awareness about domestic violence, despite an agreement between the
activists and store management. Minsk authorities denied a number of
activists' applications to stage a similar event in central Minsk.
On November 2, Minsk authorities denied opposition youths
permission to organize a demonstration in favor of renaming the Lenin
subway station, citing regulations prohibiting mass events within 200
meters of subway stations. On November 16, police blocked opposition
activists from marching to the presidential administration building
from the Kastrychnitskaya Square in downtown Minsk. Although no one was
arrested, plainclothes security officers recorded the demonstration and
forced the demonstrators to disperse, threatening them with criminal
charges for holding an unauthorized protest.
On November 22, police in Vitsyebsk detained civil society activist
Yan Dzyarzhautsau and independent media distributor Barys Khamayda for
holding an unauthorized picket urging a boycott of the presidential
election. A court fined Dzyarzhautsau 350,000 rubles ($115) and
sentenced Khamayda to five days in jail on the same day for having
numerously violated mass events regulations. However, a higher court
dropped the charges and released Khamayda after he had served a day in
jail.
In late November, Homyel city authorities refused an application
from local human rights advocates Leanid Sudalenka and Anatol Paplauny
to stage a rally to mark International Human Rights Day on December 10.
Officials cited many reasons for the denial, including the applicants'
failure to cover police and ambulance expenses. Authorities also
claimed that demonstrations were not permitted in central Homyel and
would only be authorized for locations on the outskirts of the city.
On the evening of election day, December 19, police forcibly
dispersed a crowd estimated to number 20,000-30,000 which assembled on
Kastrychnitskaya Square and marched to the Independence square in Minsk
to protest vote fraud in the presidential elections. Scores of persons
were injured, including presidential candidates Uladzimir Nyaklyaeu,
Andrey Sannikau, and Vital Rymasheuski. Over 700 persons were detained,
according to independent human rights groups. Authorities appeared
determined to disrupt the previously planned unauthorized
demonstrations. Even before the polls closed, police stopped a group of
protesters led by presidential candidate Nyaklyaeu and a van carrying a
sound system for the demonstration. While the check was in progress, a
group of unidentified men in black uniforms believed to be special
forces jumped out of nearby vehicles and tossed stun grenades at the
group. Nyaklyaeu was beaten in the attack and authorities seized the
group's sound equipment. Supporters took Nyaklyaeu to a hospital for
treatment, but unidentified men believed to be secret service officers
later abducted him from his hospital bed and roughly handled his wife
in the process. After more than 24 hours of denial by police and
security services that Nyaklyaeu had been detained, Lukashenka revealed
at a press conference in response to a reporter's question that
Nyaklyaeu was being detained in a KGB detention center.
At about 10:30 pm, after a small group of individuals, some alleged
to be provocateurs, broke windows in one of the principal government
buildings housing the parliament, the Central Election Commission, and
the council of ministers, riot police charged the main group of
demonstrators who had not been involved in any window breaking. As they
cleared the square, police trampled upon or indiscriminately beat
scores of protesters, journalists, and bystanders with batons and
fists. In many cases police chased protesters for blocks in order to
arrest them. Other participants were rounded up in the following days.
While most of the demonstrators were released after serving
administrative sentences of 10 to 15 days, authorities on or about
December 29 charged at least 22 opposition leaders and activists,
including five presidential candidates with ``organizing and
participating in mass disturbances,'' offenses that could carry
penalties of up to 15 years' imprisonment, and investigations of a
number of other opposition leaders were underway at year's end.
In the wake of December 19 demonstration, security officers
continued to harass and jail activists who protested the police actions
on that night. For example, on December 27 a Minsk court sentenced
opposition youth activists Mikhail Pashkevich to 15 days in jail; Volha
Damarad, Mikhail Matskevich, and Ales Kirkevich to 10 days in jail; and
Dzmitry Shurkhay to five days in jail for demonstrating in front of the
pretrial detention facility on December 21. Police detained three more
opposition youth demonstrators on December 29 and held them at pretrial
detention facilities overnight. On December 30, the three were jailed
for protesting: Franak Vyachorka and Andrey Krechka were imprisoned for
12 days and Anton Koipish for 10 days.
Police also used preemptive arrests and detentions to prevent
democratic activists' participation in protests. For example, on
January 11, a court in Navahrudak convicted local Belarusian Christian
Democracy member Yury Kazak of malicious hooliganism and fined him
8,750,000 rubles ($2,915). Police detained Kazak and his associate
Darya Bakhur on November 7, 2009, the 92nd anniversary of the October
Russian Revolution, which was observed as a holiday, after a bust of
Lenin in the city center was splashed with green paint. Bakhur was
released without charge.
On December 9, a court in Krupki convicted prominent artist Ales
Pushkin of using foul language and resisting police officers, and
sentenced him to 13 days in jail. Police had arrested Pushkin at his
home the previous day.
On December 17, police arrested Nyaklyaeu campaigner Kiryl
Semyanchuk in Hrodna. The next day, Semyanchuk was sentenced to six
days in jail. Aleh Kalyankou was sentenced to three days in jail on
December 19. Both men were charged with participating in an
unauthorized rally against early voting held in Hrodna in December.
On December 18, a court in Homyel jailed Rymasheuski's aide Yury
Klimovich for 15 days for allegedly using obscenities in public.

Freedom of Association.--The law provides for freedom of
association; however, the Government severely restricted it in
practice.
The Government enforced laws and registration regulations to
restrict the operation of independent associations that might be
critical of the Government. All NGOs, political parties, and trade
unions must register with the Ministry of Justice. A government
commission reviews and approves all registration applications; in
practice its decisions were based largely on political and ideological
compatibility with the Government's authoritarian philosophy.
Registration procedures required applicants to provide the number
and names of founders, along with a physical address in a
nonresidential building, an extraordinary burden. Individuals listed as
members are vulnerable to retribution. The Government's refusal to rent
office space to unregistered organizations and the expense of renting
private space forced most organizations to violate the nonresidential
address requirement. This allowed authorities to deregister existing
organizations and deny their reregistration.
During the year the Government denied registration to numerous NGOs
and political parties on a variety of pretexts, including ``technical''
problems with applications. Authorities frequently harassed and
intimidated individuals who identified themselves as founding members
of organizations in an effort to induce them to abandon their
membership and thus deprive groups of the number of petitioners
necessary for registration. Many of the rejected groups had previously
sought and been denied registration on multiple occasions. The
Government continued deregistering groups during the year.
On February 18, the Supreme Court turned down an appeal challenging
the regional justice department's refusal to register the human rights
NGO Berastseiskaya Vyasna in the Brest region. Authorities cited the
organization's failure to submit a copy of the registration fee receipt
as a reason for the refusal. On August 20, the department turned down
the NGO's tenth registration request saying that one of the addresses
on the form was inaccurate. On November 16, the Supreme Court dismissed
Berastseiskaya Vyasna's appeal.
In July 2009 the Supreme Court upheld the Ministry of Justice's
April denial of registration of the Belarusian Christian Democracy
Party, citing technical flaws in the party's registration documents.
The party again attempted to register in December 2009, and the Justice
Ministry once again denied registration on the grounds that the party
had allegedly provided false information about its founders. On
February 18, the Supreme Court upheld the Justice Ministry's denial.
The party's cochairs Paval Sevyarynets, Vital Rymasheuski, and Dzyanis
Sadouski were banned from the courtroom when the judge announced the
verdict, although foreign diplomats and journalists were allowed to
observe. On October 25, the Justice Ministry denied the party's third
registration attempt, claiming other technical problems with the
application. Sevyarynets called the refusal ``politically motivated''
and said authorities continued to exert pressure on members to disavow
their affiliation with the party.
On May 5, the Supreme Court turned down an appeal from the Assembly
of Democratic NGOs to challenge the ministry's third registration
refusal. Despite the court's recognition of some of the Assembly's
arguments as valid, the judge ruled against the appeal.
On May 26, the Supreme Court dismissed an appeal filed by the local
office of the Kyiv-based International Helsinki Association for Human
Rights to challenge a Justice Ministry's registration denial.
On May 28, the Supreme Court rejected a complaint from the Malady
Front challenging its sixth registration denial. The justice ministry
refused the application citing lack of a proper legal address and
numerous administrative and criminal convictions of its members.
On October 15, the Minsk Economic Court terminated registration of
the Right Alliance NGO based on authorities' allegations that the NGO
was carrying out illegal political activities.
On November 10, authorities deregistered the Movement Forward NGO,
which had supported the Tell the Truth campaign. The Minsk Economic
Court ruled that the NGO's lease was invalid and that the NGO
subsequently did not secure a legal address for official registration.
On November 18, a prosecutor in Hrodna issued a warning to Malady
Front deputy chair Ales Kirkevich that he could be held criminally
liable for acting on behalf on an unregistered organization.
In August 2009 the Supreme Court rejected a registration denial
appeal by prominent human rights NGO Vyasna. This was the third denial
since the Government stripped Vyasna of its registration in 2003. The
Justice Ministry stated that the NGO failed to document the precise
meaning behind its name and asserted that many of its founders had
administrative or criminal records that made them inappropriate
advocates for human rights work. During the year Vyasna remained active
but did not attempt to register.
During the year the Ministry of Justice indicated that it continued
to issue written warnings to NGOs, political parties, and trade unions.
Harassment in the form of inspections by security officials and
confiscation of political literature continued.

c. Freedom of Religion.--For a complete description of religious
freedom, see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement, including the right to emigrate. However, the Government at
times restricted the right of its citizens to foreign travel. The
Government cooperated with the Office of the UN High Commissioner for
Refugees (UNHCR) and other humanitarian organizations in providing
protection and assistance to internally displaced persons, refugees,
returning refugees, asylum seekers, stateless persons, and persons of
concern.
The Government maintained a database of persons who were banned
from traveling abroad. According to the Ministry of Internal Affairs,
the list contained the names of at least 120,000 persons who were
prohibited from foreign travel, including those who possessed state
secrets, were facing criminal prosecution or civil suits, or had
outstanding financial commitments. Opposition politicians and civil
society activists criticized the database, saying it restricted freedom
of travel. Some persons were informed by letter that their names were
in the database; others were informed at border crossings. In some
cases opposition activists were either turned away at the border or
detained for lengthy searches. For example, on November 2 in Homyel,
border guards conducted two separate searches of four Tell the Truth
campaign activists from Mahilyou returning to the country on a train
from Kyiv. On November 4, officers detained and searched for two hours
Hrodna activists Uladzimir Khilmanovich and Viktar Sazonau after they
arrived by train from Poland.
Under a presidential decree, any student who wishes to study abroad
must obtain permission from the minister of education. The decree,
ostensibly intended to counter trafficking in persons, also requires
the Ministry of Interior to track citizens working abroad and obliges
travel agencies to report individuals who do not return from abroad as
scheduled.
The law also requires persons who travel to areas within 15 miles
of the border to obtain an entrance pass.
The law does not allow forced exile, but sources assert that
security forces threatened opposition leaders with bodily harm or
prosecution if they did not leave the country. The law allows internal
exile, known as khimiya, for persons convicted of crimes, and
authorities employed it during the year.
Many university students who had been expelled or were under threat
of expulsion for their political activities opted for self-imposed
exile. Since 2006 more than 500 students left the country to continue
their studies at foreign universities, and at least 44 students were
still enrolled in programs in Poland at the end of the year.
Internal passports, a form of national identity card, were required
for permanent housing, work, and hotel registration. Police continued
to harass individuals who lived at a location other than the legal
place of residence indicated in their internal passports.

Stateless Persons.--The UNHCR listed 7,731 stateless persons at
year's end, down from a total of 7,799 persons in January.
Citizenship is derived either by birth within the country's
territory or from one's parents; if one parent is a citizen, the child
is a citizen regardless of place of birth.
Arbitrary detention of, and violence against, stateless persons
generally were not problems. However, stateless persons faced
discrimination in employment because authorities often required them to
settle in rural areas and prohibited them from seeking jobs outside of
the regions where they lived. In practice stateless persons could not
change their region of residence.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides the right for citizens to change their government
peacefully; however, the Government denied citizens this right in
practice.
Since his election in 1994 to a five-year term as the country's
first president, Lukashenka steadily consolidated power in the
executive branch to dominate all branches of government, effectively
ending any separation of power among the branches of government. Flawed
referenda in 1996 and 2004 amended the constitution to broaden his
powers, extend his term in office, and remove presidential term limits.
Subsequent presidential elections, including the one held on December
19, continued to deny citizens the right to express their will to
choose between opposing candidates in an honest and transparent process
with fair access to media and resources. The September 2008
parliamentary elections fell significantly short of international
standards for democratic elections, according to the final report by
the OSCE Office for Democratic Institutions and Human Rights (ODIHR)
observation mission. Despite the president's stated intent to conduct a
free and fair election, authorities impeded constitutional rights of
expression, association, and assembly. All of the 110 candidates
declared winners were supporters of Lukashenka's policies.

Elections and Political Participation.--The December 19
presidential election was marred by numerous violations of procedures
and an absence of transparency and accountability that led the OSCE/
ODIHR mission observation to report that the country still had ``a
considerable way to go in meeting its international commitments.''
OSCE/ODIHR observers assessed the vote count as ``bad or very bad in
almost half of all observed polling stations,'' with clear instances of
ballot stuffing and tampering. Although opposition candidates enjoyed
somewhat greater freedom to enter the race and promote their
candidacies than in some earlier elections, preelection campaigning
remained extremely limited, and government harassment of independent
newspapers, opposition political parties, and independent NGOs
throughout the year limited the opposition's ability to mount effective
campaigns (see sections 1.f, 2.a, and 4). According to the OSCE/ODIHR
mission, broadcasters nationwide devoted 90 percent of their political
coverage to the incumbent president. What coverage there was of
opposition candidates was overwhelmingly negative. Despite a nominal
increase in opposition representation, authorities continued to exclude
opposition representatives from election commissions at all levels. The
Central Election Commission had four opposition members in advisory,
nonvoting roles. Local polling places were administered almost
exclusively by electoral commissions made up of Lukashenka supporters,
sometimes masquerading as progovernment NGOs or pro-Lukashenka
political parties, or employees of state-owned enterprises and public
sector. The majority of observers at local polling place appeared to be
similarly supportive of the regime, and many of them received
instructions in advance to report that the proceedings were ``in
order.''
However, the most serious violations took place after the polls
closed, when, as the OSCE mission observed, the situation
``deteriorated significantly.'' In many precincts ballots from early
voting and those cast using mobile ballot boxes, which could not be
monitored effectively by independent observers, were mixed together
with those cast at the precinct on election day, a violation of the
country's election law. In many instances international observers
reported that counting was conducted silently and at a sufficient
distance as to make evaluation of the count impossible. There were a
number of reports that vote totals changed as the ballot boxes were
transported between local precincts and the territorial election
commission offices. No genuinely independent organizations were
permitted to conduct exit polls, but in the opinion of the independent
NGO For Fair Elections, which monitored 250 polling stations across the
country, the president failed to gain the 50 percent of the vote
necessary to avoid a runoff. The official results gave him 79.65
percent of the vote against nine other candidates. The head of the
OSCE/ ODIHR mission observed the next day that ``a positive assessment
of this election isn't possible.''
There were instances in which state-owned printing houses refused
to produce opposition leaflets. Supporters of opposition candidates
also reported harassment by authorities, including seizure of campaign
materials. Government-controlled print media, including the newspapers
Respublika and Narodnaya Gazeta, required some opposition candidates to
censor their election platforms prior to publication to remove
criticism of the incumbent and calls for demonstrations on the night of
December 19. Political parties continued to receive formal ``warnings''
for minor offenses under a law that allows authorities to suspend
parties for six months after one warning and close them after two. The
law also prohibits political parties from receiving support from abroad
and requires all political groups and coalitions to register with the
Ministry of Justice.
Authorities continued to harass the unrecognized Union of Poles and
its members (see section 6).
During the year there were multiple cases of youth members of
political opposition groups forcibly conscripted into the military.
There were also reports of discrimination and harassment against them
while in military service (see section 1.f.).
There were 35 women in the 110-member Chamber of Representatives
and 19 women in the 64-member Council of the Republic. A woman chaired
one of the Chamber of Representative's 20 committees and there was one
woman in the 40-member Council of Ministers.
No high level members of government or the National Assembly openly
identified themselves as members of a minority, although several were
ethnic Poles or members of other ethnic groups.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, reports indicated officials continued to engage in corrupt
practices. The World Bank's worldwide governance indicators reflected
that corruption was a serious problem in the country. According to
Prosecutor General Ryhor Vasilevich, the majority of the corruption
cases involved accepting and soliciting bribes, fraud, and abuse of
power.
On June 2, Deputy Prosecutor General Viktar Konan asserted that
public sector employees should tour prisons as a part of national
anticorruption campaign. Soon after, representatives of various
ministries reportedly visited a detention center in Minsk. Konan
criticized the council of ministers and regional executive authorities
for failing to tackle corruption effectively and stated that the
ministries of economy and finance were responsible for one-third of all
corruption crimes.
The lack of transparency between the president's personal funds and
official government accounts and a heavy reliance on off-budget
revenues suggested corruption within the executive branch.
Petty corruption among police was widespread. According to the
interior ministry, 140 corruption-related criminal cases were opened
against police officers during the year. Military Prosecutor Alyaksandr
Dranitsa said on June 27 that the number of crimes committed by staff
of the armed forces was on decline. Corruption offenses accounted for
15 percent of all crimes by military personnel, according to Dranitsa.
He acknowledged that hazing remained the most widespread crime
registered in the military.
A 2008 anticorruption law expanded the list of professions
described as vulnerable to corruption, designated the prosecutor
general's office as the coordinator of anticorruption efforts, and
prohibited government officials from having foreign bank accounts or
engaging in nepotism. In April 2009 the president signed a decree
extending the authority to investigate corruption cases beyond
prosecutors to include also the interior ministry and the KGB.
The prosecutor general reported that during the year authorities
registered 3,637 corruption crimes, up 8.1 percent from the previous
year. Bribery accounted for 36.4 percent of cases, fraud for 28.8
percent, and embezzlement through abuse of office for 23.7 percent.
Vasilevich claimed that corruption offenses often stemmed from the
Government's failing to take proper measures to prevent and combat
corruption.
There were numerous corruption prosecutions during the year;
however, prosecutions remained selective and were in some cases
politically motivated.
On February 10, a court in Baranavichy sentenced a former local
financial police chief to five years in prison for facilitating illegal
business activities and tax evasion.
On March 25, the Military Court convicted Yauhen Kamarnitski, a
former deputy head of the State Border Committee, of accepting large
bribes and sentenced him to five years of house arrest on account of
his poor health. His accomplice in the case, Alyaksandr Aparovich, a
former deputy chief of the Smarhon border unit, was sentenced to four
years in prison.
On May 7, the Supreme Court sentenced former Minsk regional
prosecutor Mikhail Snyahir to seven years in prison following closed-
door court proceedings. Snyahir was charged with abuse of authority,
accepting bribes, and illegal possession of arms.
On June 22, the Minsk regional court sentenced Mikhail Tsyhan, a
former head of a Minsk district, to eight years in prison. He was
convicted of bribery, abuse of authority, embezzlement, and illegal
activities involving ammunition.
On August 12, a court sentenced Arkadz Karputs, a former
chairperson of the Hrodna regional council and a member of the upper
chamber of the parliament, to two years in jail on a bribery charge.
Karputs reportedly pleaded guilty.
On October 25, prosecutors extended rigid house arrest for
Svyatlana Baykova, a former senior investigator with the prosecutor
general's office. The KGB arrested Baykova on February 25 and charged
her with abuse of office and illegally dropping criminal charges
against some suspects in a high-profile smuggling case which involved
Hramovich. Baykova wrote a letter to the president seeking her release
and pledging to assist him in combating corruption.
On November 3, the Military Court sentenced the chief of the
district military recruitment office in Barysau, Dzmitry Pshanko, to
four years in prison and property forfeiture for bribery, fraud, and
power abuse. Pshanko was arrested in December 2009 when he was
accepting a $450 bribe from a young man for deferring his compulsory
military service on medical grounds. The case featured at least four
additional instances of bribery.
On November 9, the Hrodna regional prosecutor's office told the
press that Henadz Khatsko, the former chief of the Hrodna regional
police department, could avoid criminal charge if he reimbursed the
Government 11 million rubles ($3,700). Khatsko, who had fled the
country, returned and voluntarily appeared before the police on
November 5. He was charged with abuse of office and bribery, and
released on his own recognizance. The case was pending at year's end.
On December 24, the Defense Ministry announced that Commander-in-
Chief of the Air and Air Defense Forces Ihar Azaronak was arrested and
charged on December 30 with abuse of office and accepting large bribes.
He remained in custody at year's end.
In January 2009 the prosecutor general announced the arrest of the
former chief of the Financial Investigations Department of the State
Control Committee, Anatol Hramovich, for abuse of power, bribery, and
customs duty evasion. On May 21, the Belarus Military Court commenced
hearings against Hramovich behind closed doors. There were no reports
of further developments in his case before year's end.
In March 2009 the KGB opened a major corruption case against a
number of senior-level interior ministry personnel in Homyel region.
Authorities reportedly arrested and charged the officials with bribery
and other corruption-related offenses. On February 17, the Supreme
Court sentenced three police officials to between three and four years
in jail. An additional defendant was convicted, but was found eligible
for amnesty and released.
The law, government policies, and a presidential decree severely
restricted public access to government information. Citizens had some
access to certain categories of information on government databases and
Web sites; however, much of the information was neither up-to-date nor
complete.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were a number of active domestic human rights NGOs; however,
authorities were often hostile to their efforts, did not cooperate with
them, and were not responsive to their views. Three prominent human
rights NGOs, the Belarusian Helsinki Committee, the Center for Human
Rights, and the Center for Legal Transformations, remained registered.
A variety of unregistered NGOs, including Vyasna, Charter 97, the
Committee for the Protection of the Repressed ``Solidarity,'' the Human
Rights Alliance, Legal Assistance to the Population, and For Religious
Freedom, continued to operate in spite of systematic harassment from
authorities.
Following the flawed December presidential election, authorities
raided the offices of some NGOs, seizing computers and other equipment.
The president announced that the Minsk office of the OSCE would be
closed, and authorities refused to extend the mandate of the OSCE Minsk
Office past December 31 despite a clear desire by the OSCE to continue
its work in the country.
Authorities harassed both registered and unregistered NGOs,
subjected them to frequent inspections and threats of deregistration,
and monitored their correspondence and telephone conversations.
Authorities harassed family members of NGO leaders and civil society
activists (see section 1.f.). The Government ignored reports issued by
human rights NGOs and rarely met with them. State-run media did not
report on human rights NGOs and their actions; independent media that
reported on human rights issues were subject to closure and harassment.
The Government refused to register numerous NGOs and continued to
harass them under articles 193 and 193.1 of the criminal code, which
criminalizes organizing or participating in any activity by an
unregistered organization. The law also prohibits persons from acting
on behalf of unregistered NGOs. Between 2006 and 2009 courts convicted
17 persons of crimes under article 193.1. Several domestic and
international human rights groups, including Amnesty International,
continued to urge the Government to abolish article 193.1 and to remove
other legal obstacles that hindered the work of NGOs and allowed
official harassment of civil society and youth activists.
Authorities can close an NGO after issuing only one warning that it
violated the law. The most common pretexts that prompted a warning or
closure were failure to obtain a legal address and technical
discrepancies in application documents. The law allows authorities to
close an NGO for accepting illegal forms of foreign assistance and
permits the Ministry of Justice to participate in any NGO activity and
to review all NGO documents. NGOs also must submit detailed reports
annually to the ministry about their activities, office locations,
officers, and total numbers of members.
In 2008 a presidential order took effect that increased rent
tenfold for most NGOs. Prior to the order NGOs paid one euro ($1.34)
per square foot of office space, compared with 10 euro ($13.40) charged
to commercial groups. While some groups, including youth sports groups,
charity organizations, and children's arts centers, continued to pay
the one euro rate, other NGOs, such as the Belarusian Voluntary Society
for Historic and Cultural Heritage Protection, were required to pay the
higher rate. Many NGOs stated the higher rent would likely force them
to close. On February 8, a senior state property committee member
stated that to be eligible for discounted rent rates, an NGO should
``actively support the Government's policies.''
During the year the BHC continued to experience problems with
authorities. In 2008 the Supreme Court allowed the Ministry of Justice
to withdraw a petition to suspend the BHC's activities. However, the
NGO's bank accounts remained blocked, and alleged tax arrears were
unresolved. The case originated in 2005, when authorities seized BHC
office equipment as partial payment of 191.5 million rubles
(approximately $63,800) in alleged tax arrears and fines for back taxes
on international donor funds dating from 2000-02. In October 2009 the
financial intelligence services requested income statements and other
information from BHC members. During the year BHC's accounts remained
blocked.
The KGB continued to harass NGO and political party members and
activists by planting defamatory articles or information about them in
the media. For example, in late December all state television channels
aired a documentary implicating opposition presidential candidates,
European security services, and opposition forces in masterminding a
coup d'etat. The 45-minute film featured wiretapped mobile phones
conversations, KGB footage of searches and video of the December 19
demonstration dispersal. It also included alleged financial reports by
the candidates to purported foreign sponsors of the opposition. In
other printed and broadcast media reports and exposes during the year,
state media portrayed the opposition as weak and debilitated,
downplayed their activities, and alleged that they operated through
foreign grants and sponsorship in order to promote their personal
interests.
Authorities were reluctant to engage on human rights problems with
international NGOs, whose representatives often had difficulty gaining
admission to the country. For example, in December authorities denied a
visa to Martin Uggla, the head of the Ostguppen Swedish Initiative for
Democracy and Human Rights. Uggla last traveled to the country in 2006
and has since been denied visas on four occasions.
Authorities routinely ignored NGOs' recommendations on how to
improve the human rights situation in the country and their requests to
stop harassing the NGO community.
On December 31, according to press reports, a foreign ministry
spokesman announced that there were ``no objective reasons'' for
extending the mandate of the OSCE office in Minsk. The office had been
operating in the country since 2003 with a mandate to assist the
country in the area of rule of law and with economic and environmental
matters. (An earlier office with a broader, mandate was terminated in
2001.) The Government claimed that the OSCE mandate ``has been
fulfilled'' and pointed to the earlier closure of OSCE missions in
neighboring countries.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status. In practice the Government did not always
enforce these prohibitions. Problems included violence against women
and children; trafficking in persons; and discrimination against
persons with disabilities, Roma, ethnic minorities, and members of the
lesbian, gay, bisexual and transgender (LGBT) community.

Women.--The law criminalizes rape in general but does not include
separate provisions on marital rape. Rape was a problem. However, most
women did not report it due to shame or fear that police would blame
the victim. Although no statistics on rape were available, the interior
ministry stated that the number of registered cases of rape decreased
35 percent during the year.
Domestic violence, including spousal abuse against women, was a
significant problem. A 2006 Amnesty International report concluded that
measures taken by authorities to protect women against domestic
violence were insufficient. The criminal code does not contain a
separate article dealing with domestic violence. According to a study
released by BSU's Center for Sociological and Political Research on
March 2, four out of five women between ages 18 and 60 claimed that
they were subjected to psychological violence in their families. One in
four women suffered from physical violence, and 13 percent of women
reported that their partners sexually abused them. Women remained
reluctant to report domestic violence due to fear of reprisal and
social stigma. According to the study, only 6 percent of male and 46
percent of female victims of domestic violence sought professional
assistance. NGOs operated crisis shelters, primarily in Minsk, but they
were poorly funded and received only limited support from the
Government.
The prosecutor general announced that the number of domestic crimes
increased by 4.4 percent to 3,111 during the year.
Sexual harassment reportedly was widespread, but no specific laws,
other than those against physical assault, address the problem.
Couples and individuals had the right to decide the number,
spacing, and timing of children, and had the information and means to
do so free from discrimination. Access to information on contraception
and skilled attendance at delivery and in postpartum care were widely
available. Women and men had equal access to diagnostic services and
treatment for sexually transmitted infections. According to data
published jointly by the World Health Organization, the UN Children's
Fund, the UN Population Fund, and the World Bank, the country's
maternal mortality ratio was 15 maternal deaths per 100,000 live births
in 2008.
The law provides for equal treatment of women with regard to
property ownership and inheritance, family law, and the judicial
system, and it was generally respected in practice. The law also
requires equal wages for equal work, although this provision was not
always enforced. On December 2, Deputy Minister of Labor and Social
Security Ihar Staravoytau said that women's wages were 20 percent less
than those of men's despite higher education levels. Employment of
women in the private sector remained limited. Staravoytau also noted
that it took one month on average for men to find new employment and
more than two months for women. Women also accounted for two-thirds of
all officially unemployed persons seeking a job for more than a year.
The Labor and Social Security Ministry is responsible for ensuring
gender equality, although it cannot issue binding instructions to other
government agencies. There were very few women in the upper ranks of
management or government, and most women were concentrated in the
lower-paid public sector. Women's groups also voiced concerns about the
feminization of poverty, particularly among women with more than two
children, female-headed households, women taking care of family members
with disabilities or older family members, and rural and older women.
The National Statistics Committee reported that as of June 1, 52
percent of the unemployed were women compared to 55.1 percent in June
2009. The law grants women the right to three years of maternity leave
with assurance of job availability upon return. However, employers
often circumvented employment protections by using short-term
contracts, then refusing to renew a woman's contract when she became
pregnant. During an inspection of 29 enterprises in the Vitsyebsk
region in 2009, the local prosecutor's office found that employed women
who were taking care of minor children were at times forced to travel
on business and to work overnight and overtime without their prior
consent and in violation of laws. A number of women worked in extreme
and hazardous conditions.

Children.--Citizenship is derived either by birth within the
country's territory or from one's parents. A child of a citizen is a
citizen regardless of place of birth, even if one of the parents is not
a citizen.
In contrast with previous years, there were fewer reports that
Romani children were subject to harassment from non-Romani children and
teachers. The majority of Romani youth did not finish secondary school
and failed to enroll university programs. There were no special school
programs for Roma, although there were such programs for Jews, ethnic
Lithuanians, and Poles.
The juvenile affairs commission reported that between January and
October, 32 children were raped, 34 were victims of other forms of
sexual abuse, and 15 were subjected to molestation. Seven underage
girls were involved in prostitution-related crimes, four other girls
were engaged in prostitution, and nine children were involved in
distribution of pornography. During the same period a total of 8,590
crimes were committed against children, up from 6,128 during 2009. Of
this total, 6,244 children were parties in cases against their parents
for refusing to compensate the Government for maintenance of their
children removed from their households and placed in institutional
care. Between January and October, 70 children were reportedly killed
and 80 were injured. Mothers killed six newborn babies, and six
children committed suicide in the same period.
According to data from the interior ministry, 26 minors became
victims of trafficking for sexual exploitation. Ten minors were engaged
in child pornography as of year's end. The law provides penalties of up
to 13 years in jail for production or distribution of pornographic
materials depicting a minor. Child prostitution was a problem, and
children, along with men and women, were forced into begging and forced
labor (see section 7.c.). There were also reports of child trafficking.
Rape or sexual assault of a person known to be a minor is
punishable by up to 15 years in jail. Sexual acts between a person
older than 18 years of age and a person known to be younger than age 16
carry penalties of up to five years in jail.
There were some reports of child marriage within the Romani
community, where girls as young as age 14 and boys as young as age 16
frequently were married with parental consent.
The country was not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction.

Anti-Semitism.--Jewish groups estimated that between 30,000 and
40,000 persons identified themselves as Jews. Most were not active
religiously.
During the year anti-Semitic incidents continued but were on
decline, and authorities sporadically investigated reports of such
acts. Religious sites were vandalized. The Government did not promote
antibias and tolerance education.
On May 9, during Victory Day celebrations, vandals set fire to
wreaths and flowers laid at the memorial to Holocaust victims in Brest.
The memorial had been vandalized on numerous occasions since it was
erected in 1992, including in each year since 2008. Previous
investigations failed to uncover the perpetrators.
On October 8, independent media reported that neo-Nazi graffiti
appeared on industrial buildings in Pinsk and local authorities took no
steps either to remove the slogans or to identify the vandals.
On December 22, Jewish community leader Yakau Basin submitted an
appeal to prosecutors seeking to open an investigation into vandalism
and the promotion of Nazism. Basin reported that swastikas and neo-Nazi
graffiti appeared near the door to his apartment and said that the act
of vandalism was ``a direct threat'' to him.
Jewish community and civil society activists continued to express
concern over the concept of a ``greater Slavic union'' that was popular
among nationalist organizations, including the neo-Nazi group RNU,
which remained active despite its official dissolution in 2000. Neo-
Nazis were widely believed to be behind these and numerous other
incidents across the country. Anti-Semitic and Russian ultranationalist
newspapers and literature, DVDs, and videotapes imported from Russia
continued to be sold.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law does not specifically prohibit
discrimination against persons with physical, sensory, intellectual, or
mental disabilities in employment, education, access to health care,
and other government services, and such discrimination was common in
practice.
The Ministry of Labor and Social Security is the main government
agency responsible for protecting the rights of persons with
disabilities. The law mandates that transport, residences, and
businesses be accessible to persons with disabilities. However, in
practice few public areas were wheelchair accessible. The National
Association of Disabled Wheelchair Users estimated that more than 75
percent of persons with disabilities were unable to leave their own
homes without assistance.
Authorities provided minimal, reportedly ineffectual, benefits for
persons with disabilities. For example, persons with disabilities who
lived alone were entitled to a 50-percent discount on rent and
utilities. Since few residences were accessible, persons with
disabilities had to live with friends or family and thus were
ineligible for the discount. Public transportation was free to persons
with disabilities, but neither the subway in Minsk nor the bus system
was wheelchair accessible. A government prohibition against workdays
longer than seven hours for persons with disabilities reportedly made
companies reluctant to hire them.
On March 24, a court in Hrodna upheld a suit filed by wheelchair
user Syarhey Feshchanka against local traffic police seeking 7 million
rubles ($2,330) in damages. The court ordered police to pay Feshchanka
1.3 million rubles ($430). In August 2009 Feshchanka fell down the
stairs of the traffic police building and was injured. The building
contained no ramp. Police reportedly took no steps to install a ramp
and suggested wheelchair users either call officers from their homes or
use a stationary phone on the first floor of the building to contact an
officer. According to local authorities in Hrodna, no secondary schools
and few grocery stores were accessible for wheelchair users.

National/Racial/Ethnic Minorities.--Governmental and societal
discrimination against the ethnic Polish population and Roma persisted.
There were also expressions of societal hostility toward proponents of
Belarusian national culture.
During the year authorities continued to harass the independent and
unregistered Union of Poles of Belarus (UPB) and its former head,
Anzhelika Borys. The UPB split from the Government-controlled Union of
Belarusian Poles in 2005. As part of an effort to keep the UPB members
from attending a January 21 meeting in Ivyanets, police detained
approximately 46 members for several hours. All were released with no
charges after a Polish diplomat intervened on their behalf.
In late January in Ivyanets, authorities engineered the replacement
of the longtime head of the local Polish House, Teresa Sobal, with a
progovernment candidate. In December 2009 police had initiated a
criminal case against Sobal over alleged misappropriation of funds in
2004.
On February 5, a court in Hrodna fined Borys and her organization
Polonika, the principal source of financial support for the UPB, 4.2
million and 72 million rubles ($1,400 and $24,000) for alleged tax law
infringements. On October 11, the Hrodna Regional Economic court
dropped financial claims against Polonika. The newly elected UPB chair,
Anzhelika Orechwo, said she was unaware of the reasons behind the move
but noted that authorities could resume prosecution at any moment.
In a separate incident on February 5, Borys' car was vandalized in
Hrodna. Borys was fined 1,050,000 rubles ($350) on February 15 for
participating in an unsanctioned demonstration in Hrodna on February 10
in support of Sobal. Borys' three senior associates received five-day
jail sentences for participating in the demonstration. On April 6,
Hrodna court officers searched Borys' apartment to inventory her
property so that it could be seized to cover her fines.
On February 8, police raided and seized the Polish House, citing
``illegal property possession.'' Seizure of the Ivyanets facility left
only two of the original 16 UPB-run Polish Houses remaining in the
country, one in Barysau and one in Baranavichy. On February 17, a court
issued final eviction orders for the UPB to vacate the premises.
The Minsk regional court turned down an appeal on March 11 from
Polonika asking for the return of the Polish House in Ivyanets and
reinstatement of its ousted manager, Sobal. Although the
misappropriation case against Sobal was suspended in February, police
searched her home on June 28. On August 3, police notified Sobal that
the investigation against her was being reinstated, and that she was
banned from traveling abroad. That investigation was ongoing at year's
end.
Official and societal discrimination continued against the
country's 10,000 to 20,000 Roma. The Romani community continued to
experience high unemployment and low levels of education. In 2005
authorities estimated the unemployment rate among Roma at 80 percent.
Roma often were denied access to higher education in state-run
universities. In December 2009, however, the office of the
plenipotentiary representative for religious and nationality affairs
stated that the country's Romani community had no problems that would
require the Government's attention.
The Russian and Belarusian languages have equal legal status;
however, in practice Russian was the primary language used by the
Government. In 2007 the Constitutional Court's chief justice
acknowledged that discrimination against the Belarusian language was
``not rare'' but maintained that such discrimination was usually
corrected.
Because the Government viewed proponents of the Belarusian language
as political opponents of the regime, authorities continued to harass
and intimidate academic and cultural groups seeking to promote use of
the Belarusian language. Proposals to widen use of the language were
routinely rejected.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Homosexuality is not illegal,
but discrimination against members of the LGBT community was
widespread, and harassment occurred.
In early May authorities denied the LGBT community permission to
hold a pride parade in downtown Minsk on May 15, the International Day
against Homophobia and Transphobia. Authorities claimed that the parade
would disrupt traffic. According parliament member Nina Mazay, the most
effective way to ensure the safety of participants in this instance
given ``negative sentiments toward gays and lesbians'' was to ban the
assembly. The activists defied the ban, and riot police violently
dispersed approximately 30 demonstrators on May 15. Seven activists,
including Alyaksandr Fyodarau, Syarhey Yenin, Aleh Hruvich, and two
Russian citizens, were detained, placed in pretrial detention, and each
sentenced to 17,500 ruble ($6) fines on May 17.
On June 21, LGBT activists Syarhey Androsenka and Syarhey Pradzed
filed individual communications to the UN Human Rights Committee
complaining about earlier fines. In December 2009 a court in Minsk
fined LGBT community activist Alyaksandr Haharyn 105,000 rubles ($35),
Androsenka 875,000 rubles ($290), and Pradzed 350,000 rubles ($115) for
participating in an unsanctioned protest in front of the Iranian
embassy. The activists demonstrated to protest the use of capital
punishment of LGBT persons in Iran. The Minsk City Court and the
Supreme Court subsequently upheld these fines.
On October 11, police in Minsk arrested Pradzed for staging a one-
man protest to mark International Coming-Out Day. He was held in
custody overnight and fined 700,000 rubles ($235) the next day.
In September 2009 the KGB in Homyel informed local gay rights
activist Svyataslau Semyantsou that it had opened a criminal case
against him for participating in activities of an unregistered group.
The KGB also threatened Semyantsou with charges of providing defamatory
and discrediting information to a foreign source. No further
information on the status of this case was available during the year.

Other Societal Violence or Discrimination.--Societal discrimination
against persons with HIV/AIDS remained a problem, and the illness
carried a heavy stigma. The UN AIDS office reported that there were
numerous reports of HIV-infected individuals who faced discrimination,
especially at workplaces and during job interviews. However, there were
indications of greater awareness and increased tolerance towards
persons infected with the virus. For example, maternity wards no longer
segregated HIV-positive mothers into separate facilities. As of
December 1, the Government reported that 11,661 persons in the country
were infected with HIV. Between January and November, 971 new HIV cases
were registered. As of December 1, 174 children had tested HIV-
positive, and eight died. The chairman of the local Red Cross asserted
in September that registered cases reflected only 25 percent of the
total number of persons with HIV/AIDS in the country.
There were also frequent reports of family discrimination against
HIV-positive members of households. This included preventing HIV-
positive parents from seeing their children, or requiring HIV-positive
family members to use separate dishware. According to an independent
study released by the Belarusian Community of People Living with HIV/
AIDS in September, at least 10 percent of HIV-positive women reported
suicidal thoughts.
Section 7. Worker Rights

a. The Right of Association.--The law allows workers, except state
security and military personnel, to form and join independent unions;
however, in practice the Government did not respect this right. During
the year the Government continued efforts to suppress independent
unions, to stop union activities, and to bring all union activity fully
under its control. Its efforts included frequent refusals to extend
employment contracts for members of independent unions and refusals to
register independent unions.
According to Belarusian Congress of Democratic Trade Unions (BCDTU)
leader Alyaksandr Yarashuk, no independent unions have been established
since President Lukashenka's 1999 decree requiring trade unions to
register with the Government.
The Government-controlled Federation of Trade Unions of Belarus
(FTUB) was the largest union, claiming an estimated four million
members; however, that number was likely inflated, since the country's
total workforce was approximately four million. The BCDTU, with four
constituent unions and approximately ten thousand members of
independent trade unions, was the largest independent union umbrella
organization.
In December 2009 FTUB chairman Leanid Kozik asserted that
``provocations'' and ``demands'' by trade unions not affiliated with
the FTUB should be ignored.
Local authorities continued to deny multiple registration
applications to the Vitsyebsk, Mahilyou, and Homyel chapters of the
Belarusian Union of Electronic Industry Workers (REP). According to the
REP, authorities refused to reregister the chapter in Mahilyou because
the REP office proprietor had not agreed to register the office as its
legal address due to harassment from officials. In April 2009 a court
in Mahilyou upheld the registration denial. Further attempts to
reregister in Mahilyou were also denied.
In May authorities in Hrodna refused an application from local REP
activists seeking to organize rallies on International Children's Day
on June 1.
On October 21, citing inaccuracies in paperwork and violations of
laws, Salihorsk town authorities refused a third registration
application from the Belarusian Independent Trade Union at JV Delta-
Style. Belarusian Independent Trade Union vice chair Mikalay Novik
called authorities' claims ``farfetched and groundless,'' and noted
that they would appeal to court. On August 27, the leader of the
independent trade union in Salihorsk, Natalya Mikhnyukevich, was fined
17,500 rubles ($6) for allegedly illegally meeting with the Delta-Style
workers on August 4; she was briefly detained by police at that time.
In August, Salihorsk authorities denied the independent trade union's
application to stage a protest against registration refusals.
In Babruysk on November 17, armed employees of the State Wildlife
Inspectorate broke into the home of Mikhail Ustsinovich, the leader of
the grassroots independent trade union of the Belshyna tire company,
and beat him. Officials broke doors and windows at the house,
reportedly looking for illegal fishing equipment. The Inspectorate
subsequently charged Ustsinovich with illegal fishing, possession of
unregistered arms, and resisting state officials. After Ustsinovich
appealed to the prosecutor general, the Inspectorate additionally
charged Ustsinovich with assaulting an Inspectorate official.
During the December 19 postelection crackdown, at least nine REP
members were arrested and served short-term jail sentences. Belarusian
Free Trade Union leader Mikhail Kavalkou was arrested and sentenced to
10 days in jail. Courts convicted Free Trade Union member Alyaksey
Koutun, REP member Alyaksandr Tysevich, and Free Metalworkers' Union
member Uladzimir Syarheyeu of participating in an unsanctioned
demonstration and sentenced them to jail terms ranging from 10 to 15
days.
In January the Ministry of Justice denied registration to Razam, a
trade union of small- and medium-sized businesses, based on
insufficient documentation and a failure to demonstrate that the union
had the 500 members required for registration. Razam's leader, Iryna
Yaskevich, stated that the registration process was ``excessively
complicated'' and insisted that the group had filed correct
applications with the ministry. On March 25, the Supreme Court upheld
registration denial and the ministry's claims.
The Government continued to target union leaders and activists. For
example, the oil refinery Naftan in Navapolatsk pressured Alyaksandr
Nasedkin to withdraw his membership from the independent trade union a
month after he joined it.
In February four members of the independent trade union at the
Hrodna Azot nitrogen fertilizer factory unsuccessfully complained to
prosecutors of discrimination against them based on their membership in
the union. They were threatened with dismissals and cuts in bonus
payments, and pressured to withdraw from the union.
In February the Minsk Regional Court denied an appeal from REP
member Yury Loban challenging his earlier dismissal from the BelAZ
mining trucks producer in Zhodzina.
In May management of the Babruysk tractor parts and components
factory did not extend the employment contract of Leanid Haishun, a
member of the Free Trade Union.
On May 18 in Brest, police illegally searched the offices of REP
and homes of some members, and briefly detained eight activists. They
confiscated personal belongings, printed materials, documents, and
computer equipment.
Workers who were deemed ``natural leaders'' or who involved
themselves in NGOs or opposition political activities were routinely
fired for these activities. For example, in March, Mikalay Rasyuk was
dismissed from his job at a construction company for his political and
civic activism. KGB officers questioned Rasyuk at work on February 2
and warned him against holding unsanctioned rallies in Mahilyou.
Uladzimir Shyla, a prominent opposition activist in Salihorsk, was
fired on May 6, just three days after he began his job. Shyla's
employer was reportedly summoned to the KGB and ordered to dismiss him.
In June Mazyr-based human rights advocate Uladzimir Tselyapun was
dismissed from his job for his political activities and participation
in municipal electoral campaign. In July a travel agency dismissed
opposition youth activist Yaraslau Hryshchenya for allegedly violating
labor regulations.
In November the State TV and Radio Broadcasting Company fired
engineer Yauhen Shapchyts for producing an anti-Lukashenka video clip
that was posted on YouTube. Paval Bandzich, one of the actors in the
video, was dismissed from the International Ecological University,
where he led a theater studio.
On December 1, a private company fired human rights advocate Ales
Kaputski in Maladzechna. The activist was engaged in monitoring
presidential elections. He was also dismissed from a job in 2008 for
observing the parliamentary elections. In December Alyaksandr Baran in
Kirausk was fired for his participation in the election campaign of
Uladzimir Nyaklyaeu. Baran organized meetings with voters, collected
signatures, and monitored the voting.
Pursuant to a December 2009 court order, the management of a
hydropower station in Lukoml was forced to reinstate Alyaksey Habryel,
the leader of a local independent trade union. Habryel's labor contract
was not extended in October 2009, and it was widely believed that he
was dismissed for his union activities. After the management
successfully appealed Habryel's reinstatement, he was dismissed on May
21.
The law provides for the right to strike; however, tight government
control over public demonstrations made it difficult for unions to do
so. Management and local authorities also blocked worker attempts to
organize strikes on many occasions by declaring them illegal. On June
15 and 16, carpenters at the Lyos factory in Baran went on strike to
protest management's refusal to abide by an earlier agreement to
increase pay. On June 17, workers ended the strike after the director
promised to raise pay. At year's end this promise remained unfulfilled.

b. The Right to Organize and Bargain Collectively.--The law
provides for the right to organize and bargain collectively; however,
government authorities and managers of state-owned enterprises
routinely interfered with union activities and hindered workers'
efforts to bargain collectively, in some instances arbitrarily
suspending collective bargaining agreements.
In July 2009 the FTUB recommended that employers sign collective
bargaining agreements only with the trade union with the largest number
of members, irrespective of whether there were members of other trade
unions among the personnel. BCDTU leader Yarashuk argued that such a
measure violated the rights of trade unions. On September 15, Leanid
Kozik, head of the FTUB, said that every employer should conclude a
collective bargaining agreement with the staff irrespective of whether
the company has a trade union organization. Over 17,500 employers had
collective bargaining agreements with their employees, Kozik asserted.
He further claimed that only the FTUB was able to ensure employers'
compliance with collective bargaining agreements as it had ``several
thousand members'' at most companies compared to ``ten or twenty''
members of independent trade unions. He encouraged ``small trade
unions'' to join the FTUB because FTUB local leaders were better able
to advocate for their rights.
Since 2000 the Government has required state employees, who
constitute approximately 80 percent of the workforce, to sign short-
term work contracts. Although such contracts may have terms of up to
five years, most expired after one year, which gave the Government the
possibility of firing employees by simply declining to renew their
contracts. Many members of independent unions, political parties, and
civil society groups lost their jobs because of this practice. On March
31, the president signed an edict providing the possibility for
employers to sign open-ended work contracts after five years of good
conduct. The edict limited the rights of employers to approve open-
ended contracts earlier than five years after the service computation
date and made no major changes to the contracting system. The provision
did not apply to state employees and other categories of workers who
remained subject to mandatory contracts.
During the year the Polatsk chapter of the BFTU continued to
negotiate without success with the Polatsk Shklovalakno fiberglass
manufacturer over the company's unwillingness to grant the BFTU the
same privileges granted to its rival, the progovernment FTUB. In April,
Polatsk Shklovalakno management announced a fourfold increase in rent
for meeting space for the 30-member Belarusian Free Trade Union, while
allowing the progovernment FTUB to meet rent-free. In October
management refused to commence talks with the free trade union on pay
increases and working conditions, claiming that the organization had no
rights to represent interests of workers. According to the collective
agreement, management claimed that the trade union of chemical industry
workers, part of the FTUB, was the sole representative.
There are no special laws or exemptions from regular labor laws in
the country's six free economic zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor; however, there were reports that women,
men, and children were trafficked for commercial sexual exploitation
and forced labor. Also see the Department of State's annual Trafficking
in Persons Report at www.state.gov/g/tip.
During the year the Government approved ``subbotniks,'' which
required employees of the Government, state enterprises, and many
private businesses to work on Saturday and to donate their earnings to
finance government social projects. Workers who refused to take part
were subjected to fines and intimidation by employers and authorities.
There were reports that authorities forced men serving mandatory
military service to undertake work that was unrelated to their military
service.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law forbids the exploitation of children in the workplace, including a
prohibition on forced and compulsory labor, and specifies policies for
acceptable working conditions. The Government generally implemented
these laws in practice.
The minimum age for employment is 16; however, a child as young as
age 14 may conclude a labor contract with the written consent of one
parent or a legal guardian. The prosecutor general's office reportedly
enforced the law effectively. Minors under age 18 were allowed to work
in nonhazardous jobs, but were not allowed to work overtime, on
weekends, or on government holidays. Work was not to be harmful to the
minors' health or hinder their education.

e. Acceptable Conditions of Work.--In November the national minimum
monthly wage was 400,000 rubles (approximately $132), which did not
provide a decent standard of living for a worker and family. In
December the average monthly wage was 1,595,870 rubles ($530).
The law establishes a standard workweek of 40 hours and provides
for at least one 24-hour rest period per week. Although the situation
improved during the reporting period, because of the country's
difficult economic situation, many workers worked considerably less
than 40 hours per week, and factories often required workers to take
unpaid furloughs due to lack of demand for the factories' products. The
law provides for mandatory overtime and holiday pay, and restricts
overtime to four hours every two days, with a maximum of 120 hours of
overtime each year. According to sources the Government was believed to
enforce these standards effectively.
The law establishes minimum conditions for workplace safety and
worker health; however, employers often ignored these standards.
Workers at many heavy machinery plants did not wear minimal safety
gear. There is a state labor inspectorate, but it lacked authority to
enforce employer compliance and often ignored violations.
The Ministry of Labor reported 232 workplace fatalities during the
year. The ministry reported that workplace accidents were caused by
carelessness, poor conditions, malfunctioning equipment, and poor
training and instruction. Worker intoxication was involved in 12
percent of workplace deaths and injuries. The law does not provide
workers the right to remove themselves from dangerous and unhealthy
work environments without risking loss of employment.
On November 1, the BCDTU expressed serious concerns about
occupational safety requirements and their implementation in the
manufacturing industry following a deadly blast at the Pinskdreu
woodworking plant on October 25. Fourteen workers died and dozens were
injured in the explosion that reportedly occurred due to human error.
The BCDTU noted that the Government failed to investigate the case or
examine whether outdated equipment at Pinskdreu and other plants played
a role in the explosion.

__________

BELGIUM

The Kingdom of Belgium, with a population of approximately 10.7
million, is a parliamentary democracy with a constitutional monarch who
plays a mainly symbolic role. The country is a federal state with
several levels of government: national, regional (Flanders, Wallonia,
and Brussels), language community (Flemish, French, and German),
provincial, and local. The council of ministers (cabinet), led by the
prime minister, holds office as long as it retains the confidence of
the lower house (Chamber of Representatives) of the bicameral
parliament. Federal parliamentary elections held during the year were
considered free and fair. Security forces reported to civilian
authorities.
The following human rights problems were reported: overcrowded
prisons, lengthy pretrial detention, poor detention conditions prior to
deportation of adults and children whose asylum applications were
refused, violence against women, child abuse, trafficking in persons,
and racial and ethnic discrimination in the job market.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices. In its July 23 report on
the situation in Belgian prisons, the Council of Europe (COE) Council
for the Prevention of Torture (CPT) highlighted events that occurred in
the Forest Prison on September 22 and on October 30, 2009. Due to the
fact that regular prison staff were on strike, the local Forest police
took over, resulting in prisoners being beaten, subjected to verbal
abuse, and in two instances, hospitalized. Both disciplinary and
criminal investigations were ongoing. The two officers in charge of the
police squad were temporarily suspended; however, the Council of State
cancelled the suspension because of a legal technicality.

Prison and Detention Center Conditions.--Prison and detention
center conditions met most international standards, but overcrowding
remained a problem. The Government permitted monitoring visits by
independent human rights observers, and such visits occurred during the
year.
On March 1, 10,561 inmates occupied prison and detention
facilities, 400 more inmates than in March 2009. The facilities have a
designed capacity of 9,105.
In its July 23 report, the CPT cited a number of allegations of
mistreatment by prison guards. Several inmates from the Ittre Prison
claimed to have been beaten by prison guards in the so-called naked
cells, while wearing handcuffs (for disciplinary reasons, inmates may
be undressed and locked in separate cells). On August 8, 2009, in the
Jamioulx Prison, an inmate suffering from a mental disorder refused to
go to an isolated cell and allegedly was killed by three guards who
tried to subdue him. A police investigation of the incident was
ongoing.
In June 2009 the human rights commissioner of the COE issued a
report noting that 75 percent of all prisons were overcrowded. He also
expressed concern over violence among prisoners and the dilapidated
state of some prisons and shortcomings in the supply of health care.
While the Government upgraded some older facilities, incarcerations
outpaced construction. Inmates on pretrial detention accounted for 34
percent of the prison population.
Prisoners and detainees have reasonable access to visitors and are
allowed religious observance. The authorities permitted prisoners and
detainees to submit complaints and allegations of inhumane conditions
to judicial authorities without censorship. Authorities investigated
credible allegations of inhumane conditions and documented these
results in a publically accessible manner. The Government investigated
and monitored prison and detention center conditions.
The Government permitted visits to prisons and detention centers by
members of parliament and independent human rights groups during the
year, including a CPT visit that focused on prison and detention camp
conditions. The federal mediator acts as an ombudsman allowing any
citizen to address issues with the administration. In 2009, upon
request from inmates from the Merksplas Prison, the federal mediator
recommended the Ministry of Justice not to use a building of the
Merksplas Prison, because the cells were small, overcrowded, and
without running water. Following the mediator's report, the Ministry of
Justice made the necessary improvements to reopen the building.
During the year the Ministry of Justice continued implementing the
2008-12 master plan for building seven new penitentiaries and upgrading
existing infrastructure. To ease overcrowding, 500 inmates were sent to
serve part of their sentences in prisons in the Netherlands. Forty
percent of all inmates were non-Belgian nationals. Prison authorities
provided meals that met the dietary requirements of the various
religious faiths practiced by inmates. In March there were 420 female
inmates, constituting approximately 4 percent of the prison population.
There were no specific reports of abuses in the seven prisons where
women were held.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.

Role of the Police and Security Apparatus.--The federal police are
responsible for internal security and nationwide law and order. Local
police operated branches in 196 police districts. The federal police
General Inspection Service (AIG) handled 1,153 complaints in 2009, and
there were 57 cases handled by its disciplinary commission. An
independent oversight committee (Committee P) also monitored police
activities. In a report submitted to parliament in January, the
committee stated that it had received 2,401 complaints about police
behavior in 2009 for the federal and local police forces combined. The
complaints concerned discriminatory behavior, brutality, racism,
failure to intervene, violations of privacy, and arbitrary detention.
The committee pointed out that police officers often fail to observe
rules and regulations when dealing with undocumented aliens,
prostitutes, and squatters. Civilian authorities maintained effective
control over the federal and local police and the armed forces, and the
Government has effective mechanisms to investigate and punish abuse and
corruption.

Arrest Procedures and Treatment While in Detention.--Under the
constitution, an individual may be arrested only while committing a
crime or by a judge's order carried out within 24 hours. The law
provides a person in detention with the right to a prompt judicial
determination of the legality of his or her detention, and the
authorities generally respected this right. Detainees were promptly
informed of charges against them. There is a functioning bail system.
Alternatives to incarceration included conditional release, community
service, probation, and electronic monitoring. In 2009 the Ministry of
Justice handled 10,112 alternative punishment (e.g., community service)
cases, compared with 10,131 the previous year. By the end of 2009, an
additional 928 convicts were monitored electronically outside of prison
premises.
The law provides rights to inmates regarding disciplinary matters,
correspondence, telephone conversations, and religious practice.
Brochures were handed out to inmates informing them of their rights.
Implementation courts are responsible for handling release issues,
penitentiary leave, and electronic monitoring. Legislation protects
offenders with mental disorders, and the Government implemented plans
to treat more of these inmates outside of prisons.
According to 2010 figures, pretrial detainees made up almost 35
percent of the prison population. The average length of pretrial
detention was approximately 90 days.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
judicial independence in practice.

Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
All defendants are presumed innocent and have the right to be present,
to counsel (at public expense if necessary), to confront witnesses, to
present evidence, and to appeal.
The law gives domestic courts jurisdiction over war crimes and
crimes against humanity that occurred outside the country when the
victim or perpetrator is a citizen or legal resident of the country.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--On January 10, the ECHR
released its judgment in the Muskhadzhiyeva case involving five Chechen
asylum seekers, a mother and her four children. The family arrived in
Belgium on October 11, 2006, and requested asylum on October 12. The
request was denied; following the dismissal of their application family
members were all detained in a closed center. The family ultimately
brought its case to the ECHR in September 2007. The court found two
violations, namely that the children had been detained in a closed
center meant only for adults and the health of the children was very
poor. These issues have been addressed, through payment by the state of
17,000 euros ($22,780) to the family for damages and through a
regulation that the country will no longer house children in closed
centers, even if they are accompanied by adults.
In 2009 the ECHR issued judgments that found five violations of the
right to a fair trial, two violations for the length of proceedings,
one violation of the right to liberty and safety, one violation for the
absence of effective inquiry and one violation for inhuman and
degrading treatment as provided under the European Convention on Human
Rights. The Government treated all ECHR decisions as binding.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. Plaintiffs may seek damages
either individually or through specialized organizations for human
rights violations under the applicable antidiscrimination legislation.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and legal code prohibit such actions,
and the Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:

Internet Freedom.--There were no government restrictions on access
to Internet sites. There were no reports that the Government monitored
e-mail or Internet chat rooms, and individuals and groups could engage
in the peaceful expression of views via the Internet, including by e-
mail. In cooperation with the Government, Child Focus, a government-
sponsored center for missing and exploited children, developed programs
to warn users of Web sites containing illegal content, especially child
pornography.
According to International Telecommunications Union statistics for
2009, approximately 76 percent of the country's inhabitants used the
Internet.
There were no reports of the Government attempting to collect any
personally identifiable information on internet users.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
Government generally respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.

Protection of Refugees.--The law provides for the granting of
asylum or refugee status, and the Government has established a system
for providing protection to refugees.
The law allows authorities to grant ``subsidiary protection'' to
individuals who might not qualify as refugees but who could establish
that upon return to their home country, they would face the death
penalty, torture, or other inhuman treatment. From January through
September, 504 applicants, mostly from Iraq and Afghanistan, qualified
for subsidiary protection. During the year 19,941 applications were
filed, compared with 17,186 applications in 2009. Most applicants came
from Iraq, Kosovo, Russia, Guinea, and Afghanistan. From January
through September, the Commissariat for Refugees awarded refugee status
to 1,470 applicants. Most accepted refugees came from Iraq, Guinea, and
Afghanistan.
During 2009 scores of asylum seekers who stayed in the country
illegally after their applications were refused took refuge in churches
and went on hunger strikes to draw public attention to their situation.
On the eve of its 2009 summer recess, the Government reached agreement
on a new set of criteria for awarding residence permits for
undocumented aliens. The latter were allowed to submit applications
between September and December. The newly defined criteria covered
aliens who had become victims of an unduly long asylum application
process and undocumented aliens who were living in a precarious
humanitarian situation or who could prove that they were integrated
into local society, either by having lived in the country for at least
five years or by having been gainfully employed for at least one year.
Regularization of status on the grounds of an unduly long
application period, urgent humanitarian reasons, or medical reasons was
granted to 14,830 applicants in 2009, compared with 8,369 the previous
year. In 2009 FEDASIL, the Government agency providing shelter for
refugees, the Red Cross, and local governments provided assistance to
an average of 18,164 persons but lacked capacity to deal with the
growing demand. Under the law, refugees who spent four months in a
collective relief center qualified for independent living and were
permitted to leave the centers and provided material assistance to do
so.
Following a critical report from a European Parliament commission
in 2008, the Government announced that unaccompanied minors stopped at
the border would no longer be held in closed centers, but in
specialized observation and orientation centers. Minors held with their
parents had access to individualized education. In May the European
Commission adopted an action plan to harmonize and strengthen the
protection of unaccompanied minor migrants. During 2009 FEDASIL
provided shelter to 1,074 unaccompanied foreign minors. In practice,
the Government provided protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened
on account of their race, religion, nationality, membership in a
particular social group, or political opinion.
Refused asylum seekers were informed in writing and in person of
repatriation scenarios from which they could choose. The Government, in
partnership with the International Organization for Migration (IOM),
provided relocation assistance to unsuccessful asylum applicants who
agreed to return voluntarily to their countries of origin. Unsuccessful
applicants who did not leave voluntarily were subject to forced
repatriation. A report issued during the year revealed that, between
1984 and 2009, more than 40,000 refused asylum seekers and other
immigrants were repatriated under the IOM-sponsored Return and
Emigration of Asylum Seekers ex-Belgium (REAB) program, including 2,669
immigrants in 2009. This figure was in line with that of 2008, when
2,446 persons were repatriated under IOM auspices. Refused families
with children qualified for temporary individual housing.
In 2009, 6,439 persons were assigned to closed centers, where
asylum seekers were not permitted to leave the facility, compared with
6,902 persons in 2008. Their average stay in closed centers was 24
days. Most refugees held at these centers came from Romania, Brazil,
Morocco, Bulgaria, or Russia. The COE's human rights commissioner,
members of the Belgian parliament, and representatives from the
International Federation of Human Rights Organizations visited the
closed centers to inspect living conditions.
Nongovernmental organizations (NGOs) complained that living
conditions at the closed centers for refused asylum seekers were
substandard. The Government started to refurbish the closed centers at
the Brussels national airport. In July 2009 the Council of Ministers
decided to create additional temporary places for asylum seekers, thus
accommodating more than 1,000 asylum seekers in 20 hotels. In November
2009 the Government approved the creation of 1,200 additional reception
places. In December 2009 the Belgian Red Cross increased its capacity
by approximately 240 places. Through the Public Organization for Social
Support and NGOs, nearly 350 individual reception places were opened.
By the end of November, an additional 2,600 places were made available.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens with the right to change their
government peacefully, and citizens ages 18 and older exercised this
right through periodic, free, and fair elections held on the basis of
universal suffrage. Voting in all elections is compulsory. Failure to
vote is punishable by a nominal fine.

Elections and Political Participation.--General elections were held
on June 13. They were considered free and fair by the media. Political
parties could operate without restriction or outside interference. The
constitution requires the presence of men and women in federal,
regional, and local governments, and the law requires an equal number
of male and female candidates on party tickets in European, federal,
regional, provincial, and local elections. Failure to meet the
requirement would nullify the elections and render any government
thereby created illegal.
Following the June 13 elections, there were 60 women in the 150-
seat federal Chamber of Representatives and 25 women in the 71-seat
Senate; five of the 23 federal cabinet ministers and state secretaries
were women.
There were seven members of minorities in the Chamber of
Representatives and five in the Senate from Moroccan and Turkish
origin.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented these laws effectively. Elected
officials and high-level civil servants are required to disclose any
regular private employment or public jobs they hold and to provide
confidential disclosure of their financial situation.
With some exceptions, such as material involving national security,
the law provides public access to government information. In practice,
the Government respected this law.
The November 2008 and November 2009 reports of the UN Group of
Experts (UNGOE) on the Democratic Republic of the Congo (DRC) presented
information indicating that Trademet and Traxys, which were based in
Belgium, had indirectly funded conflict and perpetrators of human
rights abuses in the eastern DRC through the purchase of conflict
minerals.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views. The
Government-sponsored Center for Equal Opportunity and the Combat
Against Racism (CEOCR) is tasked with promoting equal opportunity and
with combating all forms of discrimination, exclusion, or preferential
treatment based on race, color of the skin, descent, national or ethnic
origin, sexual orientation, marital status, birth, wealth, age,
religion or ideology, physical condition, disability, or physical
characteristics. The center is charged with ensuring respect for the
basic rights of foreigners and informs the authorities on migration
issues, including smuggling and trafficking. The center is also
expected to promote consultation among public and private players, and
it has the authority to start litigation regarding complaints sent to
the center. Members of the public are entitled to ask the center for an
opinion or report possible cases of discrimination. The center may
escalate a case and file a complaint with the police. One example
during the year involved the center filing a complaint against
Archbishop Mgr. Leonard for his derogatory statements about AIDS
victims.
Federal and regional government ombudsmen monitor and publish
reports on the workings of the agencies coming under their respective
jurisdictions. In 2009 the federal ombudsman released a report on the
closed centers for rejected asylum seekers.
The Government cooperated with international tribunals in the
prosecution of war crimes. In May 2008 police arrested Jean-Pierre
Bemba, the leader of the Movement for the Liberation of Congo and a
former Congolese vice president, after an arrest warrant was issued by
the International Criminal Court. Bemba was charged with crimes against
humanity and war crimes and transferred to The Hague in July 2008. His
trial was scheduled for April but was postponed due to the defense's
claim of insufficient financial resources. Bemba's trial finally began
on November 22.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status, and the Government generally enforced these
prohibitions.
The law identifies 18 grounds of possible discrimination subject to
legal penalty: age, sexual orientation, civil status, birth, financial
situation, religious belief, philosophical orientation, physical
condition, disability, physical characteristics, genetic
characteristics, social status, nationality, race, color of skin,
descent, national origin, and ethnic origin. A separate law governs
gender discrimination in the workplace. Under a directive issued by the
Board of Prosecutors General, the police and prosecutors must mention
racial motivation when recording offenses. Specifically, police must
highlight if there were racial motivations when an offense was
reported, and if so, the case must be escalated by the prosecutor (e.g.
if there were a racial motivation in a murder case, the charge would
additionally include a hate crime offense.)

Women.--Rape, including spousal rape, is illegal, and the
Government prosecuted such cases. In 2009 the federal police registered
2,751 rape cases, compared with 2,786 the previous year. A convicted
rapist may be imprisoned for a minimum of 10 years to a maximum of 30
years. The length of sentence is based on the age of the victim, the
age difference between the offender and the victim, the relationship
between the offender and the victim, and the use or absence of violence
during the crime.
The minimum age for consensual sex is 16. Statutory rape carries
penalties of imprisonment from 15 to 20 years. If the victim is under
the age of 10, the imprisonment rises to 20 to 30 years. In May a
Brussels court convicted a man of raping his three children.
The law prohibits domestic violence. In 2009 the federal police
reported 20,471 such cases of physical violence between partners,
compared with 19,768 cases in 2008. In 2009 the federal police
registered 138 cases of sexual violence between partners, compared with
131 cases in 2008. In 2009 there were 17,258 cases of psychological
violence or mental cruelty between partners, compared with 16,927 cases
in 2008. The law defines and criminalizes domestic violence and
provides for fines and incarceration. The law allows police to enter a
home without the consent of the head of household when investigating a
domestic violence complaint; however, there were complaints that the
police frequently declined to do this in practice. An action plan for
dealing with domestic violence was in force, and the regional
governments formally joined the effort. Police forces and prosecuting
magistrates registered all complaints and official actions taken in
connection with domestic violence.
A number of government-supported shelters and telephone help lines
were available across the country for victims of domestic abuse. In
addition to providing shelter, many offered assistance on legal
matters, job placement, and psychological counseling to both partners.
In a 2008 report to the Senate, the federal police noted 17 honor
killings that had taken place over the preceding five-year period.
There were no reports of honor killings in the country during the year.
During the year the Institute for the Equality of Men and Women claimed
damages in the case of a Pakistani woman who died in an honor killing
in 2007 resulting from a failed arranged marriage. The brother of the
victim was found guilty, with the complicity of many other members of
the family.
Reliable statistics on sexual harassment are not easily accessible
since formal complaints may be filed with various entities. The law
aims to prevent violence and harassment at work, obliging companies to
set up internal procedures to handle complaints by employees.
The law prohibits discrimination on the grounds of gender,
pregnancy, motherhood, or sex change. It also prohibits sexual
intimidation in labor relations and in access to goods, services,
social welfare, and health care. A separate law prohibits sexual
harassment in the workplace, and the Government generally enforced it.
The constitution provides for complete freedom in the way that
persons organize their private lives, including the basic right of
couples and individuals to decide freely and responsibly the number,
spacing, and timing of their children. Health clinics and local health
NGOs were permitted to operate freely in disseminating information on
family planning. There are no restrictions on the right to access
contraceptives. Men and women received equal access to diagnosis and
treatment for sexually transmitted infections, including HIV. According
to estimates compiled by international organizations, there were
approximately five maternal deaths per 100,000 live births in country
in 2008.
Women have the same legal rights as men, including rights under
family law, property law, in the judicial system, in labor relations,
and in social welfare protection. The federal government's Institute
for the Equality of Men and Women, which is tasked with promoting
gender equality, may initiate lawsuits if it finds that equality laws
have been violated. Most of the complaints received during the year
were work-related and most concerned women whose employment contract
was terminated because of pregnancy.
During the year the Government continued implementation of the
Gender Mainstreaming Act of 2007, which obliges the authorities to
address gender aspects in planning policy, collecting data, drafting
budgets, awarding contracts, and drafting reports. As per the Institute
for Equality of Men and Women, the authorities were in the process of
implementing the decree to establish a gender test (an evaluation of
all administrative and legal acts in terms of male-female equality) and
an interdepartmental coordination group.
Economic discrimination against women continued. During the year
the Institute for the Equality of Men and Women released a survey
(based on 2007 data) showing an average gap of 11 percent in the gross
wages paid to men and women. The gap was 27 percent for white-collar
and 16 percent for blue-collar workers. The gap was smaller in the
public sector, where female contract workers earned 7 percent less than
their male colleagues. Female statutory civil servants earned 1 percent
more than their male colleagues. Taking into account part-time work,
the overall wage gap was 25 percent. According to the report, the main
factors contributing to the gap were job classification, branch of
employment, type of employment contract, and time actually worked.
Through legislation and decrees, federal and regional authorities
sought to increase the presence of women on the boards of public
enterprises and government agencies. Data from the European
Professional Women's Network indicated that women filled 11.1 percent
of the positions on boards of directors of the country's leading
private companies compared with 7 percent in 2008.

Children.--The Government registered all live births immediately,
and citizenship is conferred to the child through the parents'
nationality.
There were reports of child abuse. In 2009 the federal police
registered 5,201 cases of child abandonment, abuse, and neglect,
compared with 3,971 cases in 2008.
The NGO Child Focus reported that it handled 2,087 missing children
and child abuse cases in 2009. There were 1,019 cases of runaways;
approximately half of these returned home within 48 hours, although the
average time for runaways to be missing increased. Thirty-six cases
concerned abduction by a third person. Child Focus handled 467 of the
cases (involving 672 children) of abduction to another country.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.
The law provides for the protection of youth against sexual
exploitation, abduction, and trafficking, and provides severe penalties
for child pornography and possession of pedophilic materials. The
penalties for producing and disseminating child pornography range from
five to 15 years' imprisonment and from one month to one year for
possession of such material. The law permits the prosecution of
residents who commit such crimes abroad and provides that criminals
convicted of the sexual abuse of children must receive specialized
treatment before they can be paroled and must continue counseling and
treatment after their release from prison. The NGO Child Focus handled
257 sexual abuse cases and continued its Internet-based public
awareness campaign. In 2009 the group received 2,131 reports of child
pornography on the Internet and forwarded relevant cases to the
specialized units of the federal police.
According to official figures, in 2009 the federal police
investigated 388 child pornography cases, and international networks
operating in several countries were dismantled with the help of Europol
and Eurojust. In several court cases judges handed down prison
sentences for downloading child pornography. Following a 2007 Europol
investigation in Austria and Poland, approximately 40 citizens were
identified in child pornography cases. One of them was a former member
of parliament from the city of Mons. In May a school director was
arrested for viewing and sending child pornography. The trial of a
lawyer, who previously worked on the case of the infamous child killer
Marc Detroux, also began during the year; he was accused of viewing and
sending child pornography.
Rape and forcible sexual assault are criminal offences, and
penalties range from five years' to 30 years' imprisonment, with the
maximum penalty in effect for cases resulting in the death of the
victim.
During the reporting period, the federal prosecutor launched
investigations into allegations of child abuse carried out over many
years by priests in the Catholic Church. A 10-hour questioning session
of high-ranking members of the clergy and intrusive searches of tombs
led to complaints from religious freedom advocates.

Anti-Semitism.--The size of the Jewish community was estimated at
40,000 to 50,000. During the year there were 47 reports of anti-Semitic
acts, including attacks against persons, verbal harassment of Jews, and
vandalism of Jewish property, down from the 109 reported incidents in
2009. The law prohibits public statements that incite national, racial,
or religious hatred, including denial of the Holocaust. Unidentified
vandals threw Molotov cocktails at three different synagogues on
separate days: Antwerp synagogue in January, then Charleroi and
Brussels synagogues during April. Verbal and cyber hate incidents were
also reported. In September two incidents took place in Antwerp between
drunken Polish men and members of the Jewish community. The intoxicated
men were physically aggressive, insulting all Jews they encountered. On
November 8, three teenagers threw stones at a Jewish man and woman
coming out of a shop in Antwerp.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law provides for the protection of
persons with physical, sensory, intellectual, and mental disabilities
from discrimination in employment, education, and access to health care
and other state services. In 2009 the CEOCR received 255 complaints
regarding discrimination against persons with disabilities. Most were
employment-related and concerned access to private and public buildings
and services, including public transport, and access to banks, bars,
and restaurants. While the Government mandated that public buildings
erected after 1970 must be accessible to such persons, many older
buildings were still inaccessible because of preservation orders.

National/Racial/Ethnic Minorities.--A survey released in November
2009 on discrimination and intolerance as perceived by ethnic
minorities from northern Africa, Turkey, sub-Saharan Africa, and
Eastern Europe revealed that skin color and dress associated with Islam
were the most important factors contributing to intolerance and
discrimination, especially in the areas of housing and employment.
In its 2009 annual report, the CEOCR stated that discrimination
against the members of the Muslim community, estimated at 500,000,
principally of Moroccan and Turkish origin, greatly exceeded that
experienced by other immigrant communities. In 2009 the CEOCR, which
investigates complaints of discrimination, racism, and hate
instigation, handled 1,692 discrimination and racism complaints, a
decrease from the previous year. Most complaints concerned nationality
and ethnic descent (49 percent), physical handicaps (15 percent), and
discrimination on the ground of religious and philosophical orientation
(13 percent). Complaints related to ethnic descent, nationality, race,
and skin color accounted for 60 percent of all complaints registered by
the CEOCR. Places of work and the Internet were most often cited as the
places where the alleged discriminatory acts occurred. Thirty percent
of the complaints received by the CEOCR were deemed justified. In 2009
the CEOCR initiated court cases in 1.1 percent of the registered
complaints. Courts convicted a number of persons for inciting racial
hatred, shouting abuse, denying the Holocaust, and using violence
against asylum seekers. Judges convicted employers for discriminating
on racial and physical grounds in hiring personnel. Landlords were
convicted for discriminating against foreigners and persons with
disabilities.
Data released by the Ministry of Justice indicated that in 2008, 61
percent of the cases of alleged discrimination handled by the courts
were dismissed.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--According to the CEOCR, 6
percent of the complaints received in 2009 concerned discrimination
based on sexual orientation. Most were work-related, with the center
receiving several reports on violence against gays and lebians. On May
15, 35,000 persons attended the Belgian Pride (equivalent of Gay Pride)
without reported incidents of violence.

Other Societal Violence and Discrimination.--Of the complaints
received in 2009 by the CEOCR, 3 percent involved discrimination based
on health or medical conditions, including against persons with HIV/
AIDS. Most of the complaints were related to workplace incidents.
Section 7. Worker Rights

a. The Right of Association.--The law provides workers the right to
form and join independent unions of their choice without previous
authorization or excessive requirements, and workers exercised this
right in practice, with Belgian and non-Belgian workers enjoying the
same rights. Work council elections are mandatory in enterprises
employing over 100 employees, and safety and health committee elections
are mandatory in companies employing more than 50 employees.
Approximately 60 percent of private and public sector workers were
members of labor unions. The law allows unions to conduct their
activities without interference, and the Government protected this
right in practice. The law provides for the right to strike for all
private and all public workers, except for the military. The
International Trade Union Confederation (ITUC) noted in its 2010 survey
of violations of trade union rights that it was concerned about
antiunion discrimination and collective representation in small and
medium-sized enterprises.

b. The Right to Organize and Bargain Collectively.--The right to
bargain collectively is recognized, and the Government protected this
right. The law prohibits antiunion discrimination and employer
interference in union functions, and the Government protected this
right in practice. The ITUC reported one antiunion incident when a
union representative was threatened at knife point on May 4.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor; however, there were reports that such
practices occurred. Women, men, and children from Eastern Europe, sub-
Saharan Africa, and Asia were trafficked to the country for commercial
sexual exploitation and forced labor. Female victims, including
children, worked as prostitutes in massage parlors, as escorts, and
through the Internet. Male victims were forced to work in restaurants,
bars, sweatshops, horticulture, fruit farms, and construction sites.
Police and courts used antitrafficking legislation to combat economic
exploitation. In its 2009 report on trafficking, the CEOCR noted
several cases of debt bondage, with victims lacking freedom of movement
as their documents were retained.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in
the workplace and the Government generally enforced these laws. The
minimum age of employment is 15. Persons between the ages of 15 and 18
can participate in part-time work and study programs and work full time
during school vacations. The Ministry of Employment regulates
industries that employ juvenile workers to ensure that labor laws are
followed, and occasionally grants waivers for children temporarily
employed by modeling agencies and by the entertainment business. There
is growing concern about children exploited by organized begging gangs
in larger cities.

e. Acceptable Conditions of Work.--The monthly national minimum
wage was 1,387.49 euros ($1,859) for workers 21 years of age, 1,424.31
euros ($1,908) for workers 21 1/2 years of age with six months of
service, and 1,440.67 euros ($1,931) for workers 22 years of age with
one year of service. When combined with extensive social benefits, this
provided a decent standard of living for a worker and family.
The standard workday is eight hours, and the standard workweek is
38 hours. Departure from these norms can occur under the terms of a
collective bargaining agreement, but work time may not exceed 11 hours
per day and 50 hours per week. An 11-hour rest period is required
between two work periods. Overtime is paid at a time-and-a-half premium
Monday through Saturday and at double time on Sundays. The Ministry of
Labor and the labor courts effectively enforced these laws and
regulations.
Workers have the right to remove themselves from situations that
endanger their safety or health without jeopardy to their continued
employment, and workers exercised this right in practice. Regulations
were generally enforced effectively by the Employment and Labor
Relations Federal Public Service.

__________

BOSNIA AND HERZEGOVINA

Bosnia and Herzegovina consists of two entities within the state,
the Federation of Bosnia and Herzegovina (the federation) and the
Republika Srpska, and Brcko District, with an estimated population of
four million. The federation has a Bosniak (Bosnian Muslim) and Croat
majority, while the Republika Srpska has a Serb majority. The 1995
General Framework Agreement for Peace (the Dayton Accords) provides for
a democratic republic with a bicameral parliament but assigns many
governmental functions to the two entities. The Dayton Accords also
provide for a high representative who has the authority to impose
legislation and remove officials. The tripartite presidency consists of
Bosnian Croat Zeljko Komsic, Bosnian Serb Nebojsa Radmanovic, and
Bosniak Bakir Izetbegovic. During the year the country held general
elections that international observers deemed free and fair but noted
that the press was biased and that private media tended to favor
particular candidates. Security forces reported to civilian
authorities.
The following human rights problems were reported: deaths from
landmines; mistreatment of prisoners; poor and overcrowded prison
conditions with violence among prisoners; police failure to inform
detainees of their rights or allow effective access to legal counsel
prior to questioning; harassment and intimidation of journalists and
civil society; obstruction of the return of internally displaced
persons and refugees; government corruption; discrimination and
violence against women and ethnic, sexual, and religious minorities;
discrimination against persons with disabilities; trafficking in
persons; and limits on employment rights. At year's end, Ratko Mladic,
the Bosnian Serb war crimes indictee most wanted by the International
Criminal Tribunal for the former Yugoslavia (ICTY), remained at large.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
Domestic courts and the ICTY continued to adjudicate cases arising
from killings during the 1992-95 conflict.
During the year there were nine landmine accidents that killed six
persons and injured eight. Two of the six persons killed were deminers.

b. Disappearance.--There were no reports of politically motivated
disappearances.
An estimated 12,000 persons remained missing from the 1992-95 war.
During the year the International Committee of the Red Cross (ICRC)
reported 22,464 requests to trace relatives missing from the 1992-95
conflict. By year's end, 12,062 persons had been accounted for,
including 468 located alive.
The law provides for the state-level Missing Persons Institute
(MPI) to account for persons missing from the 1992-95 conflict, but
neither entity fully implemented the law in practice. During the year
the Republika Srpska continued to support an entity-level Operational
Team for the Search for Missing Persons with similar responsibilities
to the MPI. Observers characterized the team as an effort to disrupt
the MPI's work. Republika Srpska operational teams refused MPI
personnel access to archives that were transferred to MPI's ownership
in accordance with the law.
During the year both Republika Srpska and federation prosecutors
did not cooperate fully in the MPI's exhumation and identification
process because of disagreements over jurisdiction but worked with
state-level authorities to reach some compromises. On August 25, the
chief prosecutor decided that the State Prosecutor's Office would take
over competence for exhumations after January 2011. The announcement
reflected concern that a lack of reliable information on gravesite
locations had resulted in a drop of the case-resolution rate during the
year, as well as over disagreements between prosecutors' offices at
various levels over which agencies should oversee exhumations. By the
end of September, MPI carried out 109 exhumations resulting in the
recovery of 280 bodies and 551 sets of partial remains. The majority of
remains were recovered from 16 mass graves (15 of them related to the
1995 Srebrenica genocide).
From 2000 through the end of September, the International
Commission on Missing Persons (ICMP) generated a total of 29,634 DNA
matches relevant to 15,707 missing persons, of which 25,339 DNA matches
represented 13,156 individuals related to the country. In all the ICMP
collected more than 88,300 blood samples from persons related to 29,045
missing individuals, of which 69,532 blood samples related to 23,359
persons who were still missing.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, there were
credible allegations that police physically mistreated individuals at
the time of their arrest and during detention.
On September 24, the Council of Ministers adopted the report of the
Council of Europe's Committee for the Prevention of Torture (CPT)
regarding its May 2009 visit to the country's prisons. The CPT report
noted that authorities had made only limited attempts to address
concerns raised in an earlier report on the CPT's 2007 visit as well as
authorities' failure to address systematic deficiencies affecting the
prison service. The CPT noted that it was obliged to repeat many of its
recommendations from 2007 and warned the country that if future visits
revealed continued noncompliance with the country's obligations under
the European Convention for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment, it would use its authority under the
convention to make a public statement regarding the conditions.
According to the May 2009 CPT report, there were credible
allegations that officers at the Sarajevo Remand Prison abused a group
of recaptured escapees in March of that year. The escapees alleged that
corrections officers kicked and punched them in a stairwell out of the
view of surveillance cameras as punishment for their escape. At Zenica
prison, the CPT reported that, although incidents of mistreatment
decreased since the 2007 visit, prisoners being transferred to the
disciplinary unit reported that corrections officers abused them with
kicks, punches, and blows with truncheons, apparently at night when the
unit manager was not on duty. The report noted that the ``vast majority
of prisoners interviewed'' made no allegations of ill treatment by
prison staff.
In September 2009 parliament enacted a law forming an independent
commission to monitor the conditions in prisons, treatment of
prisoners, as well as respect for their basic human rights.
In June 2009 the federation Ministry of Justice reported that the
management of Zenica prison installed video surveillance to prevent
what the CPT characterized in its May 2009 report as the generalized
problem of mistreatment of prisoners by prison staff. During the year
prison management implemented a detailed plan developed last year to
decrease violence between the prisoners including separating the
prison's walking area into 10 separate areas, special accommodations
for higher-risk prisoners, and hiring 50 additional guards, many of
whom were interns who may be hired full-time at a later date.
The CPT delegation also reported meeting several patients at the
Sokolac Psychiatric Hospital who alleged that police punched and hit
them with batons when they were apprehended. The delegation noted that
a doctor working at the hospital confirmed the allegations.
The CPT report also recorded the presence of baseball bats, replica
pistols, and metal piping (with wrist straps) in interrogation rooms at
a number of police stations and stated that there was no legitimate
reason for such items to be present.
During the year the Government began construction of a new criminal
psychiatric facility at Sokolac, scheduled to be completed in April
2011, and temporarily transferred prisoners to a renovated psychiatric
correctional facility in Tuzla. During the year the Government began
funding the independent commission established by last year's
amendments to the correctional code to monitor future allegations of
abuse and violations.

Prison and Detention Center Conditions.--Prison and detention
center conditions were below international standards in several areas.
The Government permitted independent human rights observers to perform
monitoring visits, and such visits occurred during the year. Poor
hygiene, and antiquated facilities remained serious problems.
By year's end, there were 2,749 persons incarcerated throughout the
country, including 20 persons imprisoned by state-level authorities and
1,671 and 1,058 by the federation and Republika Srpska respectively. By
the Government's standards, the total capacity of federation and
Republika Srpska prisons was 2,792 persons.
In its May 2009 report, the CPT noted that little had changed since
its 2007 visit to address the fundamental weakness permitting
interprisoner violence. Prisoners and staff felt that the culture of
interprisoner violence and intimidation at Zenica prison threatened
them. Fights among prisoners and violence between rival gangs organized
around ethnic or regions of origin were common. The CPT reported that
Zenica prison was not under the effective control of prison staff and
reiterated its recommendation that the country draw up a comprehensive
plan to address interprisoner violence that included staffing levels
sufficient to control the prison population.
There were reports of corruption among prison officials. There were
credible reports that some prisoners in the Sarajevo prison used
connections to arrange transfer to the Igman correctional institution,
where conditions and recreational facilities were considered better and
security more lax.
Lenient rules allowing weekend furloughs for good behavior even to
violent felons came under increasing public scrutiny following the
disappearance of a high-profile prisoner. The law requires furloughs to
be supervised for prisoners serving sentences of 10 years or more,
alcoholics, drug addicts, and repeat offenders, and also permits
authorities to supervise prisoners whose sentences are less than 10
years.
Adult and juvenile female inmates were held together in separate
wings of facilities for adult males. Facilities held male inmates
between the ages of 16 to 18 years old with adult male inmates, while
male inmates under the age of 16 years old were held separately.
The Government permitted independent human rights observers to
visit, and gave international community representatives widespread and
unhindered access to detention facilities and prisoners. The law
provides for the right of prisoners to communicate, file complaints,
and expect expeditious resolution of violations. Authorities generally
permitted prisoners and detainees to submit complaints to judicial
authorities without censorship and to request investigations of
credible allegations of inhumane conditions, although the country's
ombudsman documented a few violations of this law at the Sarajevo and
Tuzla prisons during the year. The ombudsman also noted common
complaints from prisoners that state-level authorities rarely
interviewed inmates regarding prison conditions and other alleged
violations, despite the creation of a state-level commission for such
investigations under a 2009 law.
The law also allows detainees and prisoners to send their requests
or complaints to the country's ombudsman, who has authority to advocate
for the rights of prisoners, including juveniles, regarding status and
circumstances of confinement, bail, overcrowding, and other conditions.
However, the ombudsman often lacked sufficient staffing and resources
to meet demand in these areas. During the year the ombudsman documented
several cases in which prison authorities did not forward requests to
the ombudsman, including a letter signed by 25 prisoners at the
Sarajevo prison.
The ombudsman can also advocate on behalf of prisoners to improve
pretrial conditions and recordkeeping to ensure that prisoners do not
serve beyond the maximum sentence for the charged offense. The
ombudsman lacked authority to advocate for alternatives to
incarceration for nonviolent offenders to alleviate overcrowding.
According to the ombudsman's report this year, detention facilities
throughout the country lacked satisfactory sanitation, air and food
quality, lighting, and climate control. The report observed that the
windows in the jail in Doboj were covered with concrete blocks,
preventing adequate ventilation. In Bihac prison, bathrooms lacked
doors and stalls were separated by blankets. The report also noted
numerous complaints, particularly in Sarajevo prison, that food and
juices provided in prison cafeterias frequently passed their expiration
dates. The ombudsman noted that prisoners and detainees had reasonable
access to visitors and were permitted religious observance. Prisons
that previously lacked adequate spaces for religious observances,
particularly Sarajevo prison, corrected these inadequacies during the
year.
There were numerous reports, especially at Sarajevo and Zenica
prisons, of those convicted of murder and criminal traffic violations
incarcerated together. The ombudsman criticized prison administrations
throughout the country for not taking ``risk evaluation'' into
consideration when colocating prisoners.
The ombudsman's recommendations are not binding, and laws governing
prison facilities do not differentiate between violent and nonviolent
offenders.
During the year prison authorities did not always fulfill the
recommendations of the September 2009 ombudsman's report on the
country's prisons and correctional departments. The ombudsman's report
for this year also noted several problems, including an inadequate
legal framework, and found that mistreatment and violence remained
common in prisons and often resulted from serious organizational
problems. The report also noted the same concerns regarding Zenica and
Sarajevo prisons where little effort had been made to improve
conditions.
During the year the ombudsman delegation carried out follow-up
visits to its September 2009 visit to the country's prisons. The
delegation noted that Foca prison had added 50 new beds and was
preparing to add 38 new staff members. In addition the prison began
providing employment opportunities for prisoners. The delegation
reported that Tuzla prison hired 16 new staff members and formed two
new women's sections of the prison. In Kozlovac the prison authorities
started to reconstruct the old prison building, which was expected to
increase the capacity of the prison by 64 persons. Female prisoners
mainly complained about their inability to work and the lack of
occupational therapy and other privileges.
The ICRC continued to have access to detention facilities under the
jurisdiction of the ministries of justice at both the state and entity
levels.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.

Role of the Police and Security Apparatus.--The law extends
significant overlapping law enforcement competencies to the state-level
government, to each entity, and to the Brcko District, each of which
has its own police force. An EU military force continued to support the
country's government in maintaining a safe and secure environment for
the country's population. NATO offices in Sarajevo continued to assist
the country's authorities in the implementation of defense reform,
counterterrorism, and cooperation with the ICTY. The EU Police Mission
remained in the country to monitor the local police.
The country made limited progress on state-level police reform,
although authorities continued to postpone local-level police reform
until after the completion of reform in this area. By year's end, the
Government formed a number of bodies including agencies for forensics,
education, police support, direction for coordination, and foreigners
that the law mandated, but some bodies often had insufficient staff.
However, the agencies for forensics, police support and education had
minimal staff and had not begun operations due to political
interference and misunderstandings with entities on mechanisms and
procedures for transferring staff, equipment, and competencies to the
state level. Entities did not meet the target standards of ethnic
representation on police forces that their respective constitutions
mandated.
Professional standards units (PSUs) are the internal affairs
investigative units in each entity's Interior Ministry and in the Brcko
District. There were continued reports of corruption within the entity-
and state-level security services.
During the year the Republika Srpska PSU received 543 conduct-
related complaints and determined that 50 of these were well founded.
During the year authorities pursued 107 disciplinary proceedings
against 155 employees of the Ministry of Interior. As a result of
proceedings, authorities suspended 22 employees, including three for
corruption. The unit forwarded recommendations for disciplinary action
to prosecutors in 22 cases that they considered major violations. In
addition authorities filed 22 felony reports and misdemeanor reports
against Republika Srpska Interior Ministry employees for offenses
including narcotics trafficking, forgery, theft, domestic violence,
assault, extortion, and traffic violations, indicating a significant
decrease from the previous year. During the year the federation PSU
investigated 68 cases and forwarded 13 complaints to prosecutors for
disciplinary action. During the year the Brcko District PSU
investigated 126 cases and concluded that 120 complaints were well
founded. The PSU forwarded 13 cases deemed to be major violations of
duty to prosecutors for disciplinary action.

Arrest Procedures and Treatment While in Detention.--Police
generally arrested persons openly with warrants based on sufficient
evidence. The law provides that authorities promptly inform detainees
of the charges against them, and there was a functioning bail system.
The law requires police to bring suspects before a prosecutor within 24
hours of detention. During this period, police may detain individuals
for up to six hours at the scene of a crime for investigative purposes.
The prosecutor has an additional 24 hours to release the person or to
bring the person before a judge who decides whether they should remain
in pretrial custody. The law generally limits pretrial detention to one
year. The law allows detainees to request a lawyer of their own
choosing, requires authorities to inform detainees of the charges
against them after an indictment, and provides for the right to a
speedy trial. In practice authorities often denied detainees prompt
access to an attorney. There were no cases of arbitrary arrest or
detention reported during the year.
In its May 2009 report, the CPT delegation reported that the right
to access an attorney only became effective some time after detained
persons had been deprived of their liberty and that access to an
attorney seemed to occur only after authorities brought the detainees
before a judge to remand them into custody. Many of the persons
interviewed by the delegation claimed that authorities did not permit
them to contact an attorney or even inform them of their rights until
after the crime police questioned them.

e. Denial of Fair Public Trial.--The state constitution does not
explicitly provide for an independent judiciary, but the laws of both
entities do. The State Court is the highest court in the country for
certain criminal cases, including war crimes, organized crime,
terrorism, economic crime, and corruption. The country also has a State
Constitutional Court and State Prosecutor's Office. Each entity has its
own Supreme Court and office of chief prosecutor. The state-level
courts do not exercise judicial supremacy over the entity-level courts.
Political parties sometimes influenced the judiciary at both the state
and entity levels in politically sensitive cases. Judicial reforms
reduced the level of intimidation by organized crime figures and
political leaders, but intimidation continued.
The absence of extradition treaties with neighboring countries
continued to be a major hurdle to bringing suspects to justice,
particularly given the relatively small size of the country, the
prevalence of dual citizenship, and the ease of movement across borders
with former Yugoslav countries.
The state-level High Judicial and Prosecutorial Council (HJPC) acts
independently and regulates many of the most important affairs of the
judiciary with clear, transparent criteria for judicial and
prosecutorial appointments and detailed disciplinary liability for
judges and prosecutors.
Inefficiency in the courts undermined the rule of law by making
recourse to civil judgments less effective. There was a backlog of
nearly two million unresolved civil cases, more than one-half involving
utility bills. Authorities estimated that only 10 percent of the cases
involved criminal matters.
According to the 2008 report of the Center for Human Rights of
Sarajevo University, more than 20 percent of decisions of the State
Constitutional Court had not been implemented. The majority of the
cases pertained to so-called ``systematic failures'' of government,
such as problems concerning missing persons, old currency savings, and
compensation for war damages.

Trial Procedures.--The laws of the federation and Republika Srpska
provide that defendants enjoy a presumption of innocence, public
trials, and the right to counsel at public expense, if charged with a
serious crime. However, courts did not always appoint defense attorneys
where the maximum sentence was less than five years. The law provides
defendants the right to confront witnesses, to present witnesses and
evidence on their own behalf, to access government-held evidence
relevant to their case, and to appeal verdicts. The Government observed
these rights in practice.
The State Court continued to make progress adjudicating organized
crime and war crimes cases and expanded the witness protection program.
During the year the State Investigation and Protection Agency (SIPA)
Witness Protection Department provided support to more than 140
individuals.
The State Court War Crimes Chamber and entity courts continued
conducting war crimes trials during the year. By November the State
Prosecutor's Office opened 18 new war crimes investigations involving
28 suspects and secured judgments in nine war crimes cases involving 13
alleged war criminals, 10 of whom were convicted and three acquitted.
The State Prosecutor's Office continued to use plea agreements in
some cases. In 2008 the Council of Ministers adopted a national
strategy for the prosecution of war crimes that foresaw the prosecution
of the most serious war crimes by 2016 and all other war crimes by
2024.
On May 21 and June 23, respectively, the State Court sentenced
Cerim Novalic to seven years in prison and confirmed an indictment for
Zulfikar Alispago, former commander of the ``Zulfikar'' special
purposes squad with the main headquarters of the country's army, for
war crimes against civilians in Konjic.
During the year the country's courts sentenced four individuals to
a total of 77 years in prison and confirmed indictments for eight
others for war crimes in Srebrenica. An August 13 indictment charged
that Franc Kos (also known as ``Slovenac'' and ``Zuti''), Stanko Kojic,
Vlastimir Golijan, and Zoran Goronja (known as ``Zoka'' ) with
participating in the July 1995 killings of more than 800 men and boys
at the Branjevo military farm in Pilica in the Zvornik municipality.
On August 27, Veselin ``Batko'' Vlahovic, suspected of committing
war crimes in Sarajevo from 1992 to 1995, was extradited from Spain. He
was arrested on his arrival at the Sarajevo airport on August 26 and
taken to the detention unit of the State Court.
Elsewhere in the country during the year, courts sentenced eight
individuals to a total of nearly 175 years in prison and indicted eight
others for war crimes against civilians.
In December 2009 the State Court found Ratko Bundalo and Nedo
Zeljaja guilty of crimes against humanity in the Kalinovik region. The
court sentenced Bundalo and Zeljaja to 19 years and 15 years in prison,
respectively. The court acquitted a third defendant, Dordislav Askraba,
on all counts.
Despite local and international efforts to prosecute war crimes,
many lower-level perpetrators remained unpunished, including those
responsible for the approximately 8,000 persons killed in the
Srebrenica genocide and those responsible for approximately 13,000 to
15,000 other persons who are missing and presumed to have been killed
during the 1992-95 war.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--During the year the
European Court of Human Rights (ECHR) issued one judgment involving the
country. On May 27, ECHR upheld the right of former Yugoslav military
officer Branimir Djokic, who had a legally valid purchase contract, to
repossess his prewar apartment and to register his title. The
Government compensated Djokic in compliance with ECHR's decision.
During the previous year, ECHR issued judgements that found 10
violations by the country of various provisions of the European
Convention on Human Rights, including one violation of the right to
liberty and security, three violations of the right to a fair trial,
one violation of the right to an effective remedy, and four violations
involving protection of property.
During the year the country complied with ECHR judgments requiring
individual measures either through actual remedies or by submitting
action plans for compliance to ECHR. The country remained noncompliant
with the ECHR's December 2009 Sejdic-Finci judgment that the country's
constitutional provisions on ethnic minorities running for certain
elected offices violated the European Convention on Human Rights.

Civil Judicial Procedures and Remedies.--The law provides for an
independent and impartial judiciary in civil matters, and citizens
could file civil suits for human rights violations.

Property Restitution.--The country's four traditional religious
communities had extensive claims for restitution of property that the
Government of the former Yugoslavia nationalized after World War II. In
the absence of state legislation specifically governing restitution of
properties that the previous communist regime nationalized, return of
former religious properties continued on a case by case basis at the
discretion of municipal officials; these officials rarely completed
such restitution and usually did so in favor of the majority group in
that particular municipality.
Many officials used property restitution cases to provide political
patronage. Other unresolved restitution claims were politically and
legally complicated. On June 9, the federation government, Sarajevo
Canton government, Sarajevo Stari Grad municipality, and the economic
faculty in Sarajevo signed an agreement to return the building that
housed the University of Sarajevo's economic faculty to the Serb
Orthodox Church. According to the agreement, the construction of the
new economic faculty building should begin in 2011; however, during the
year the Governments did not undertake any activities to fulfill the
agreement.
The Jewish and Muslim communities also asserted historic claims to
many commercial and residential properties in Sarajevo. The Catholic
community maintained a large number of similar claims in Banja Luka.
Roma displaced during the 1992-95 conflict had difficulty
repossessing their property as a result of discrimination and because
they lacked documents proving ownership or had never registered their
property with local authorities.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice. However, some
Republika Srpska-based journalists continued to complain of telephone
tapping and increased government surveillance.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press; however, the Government did not always respect
press freedom in practice. Laws delegated safeguarding freedom of the
press to the cantons in the federation and to the entity-level
authorities in the Republika Srpska. Defamation laws exist at the
entity-level, and freedom of information legislation exists at both the
entity- and state-levels. However, the Government, including the
courts, did not fully implement these laws in practice, and government
respect for freedom of speech and the press did not improve during the
year.
The federation criminal code prohibits hate speech. The Republika
Srpska criminal code does not specifically proscribe hate speech,
although the law prohibits causing ethnic, racial, or religious hatred.
The broadcasting code of practice also regulates hate speech by
broadcasters. The country's Communications Regulatory Agency (CRA) did
not register any cases of hate speech during the year. However,
independent analysts noted a tendency by politicians and other leaders
to label unwanted criticism as hate speech. Many media outlets used
language, often nationalistic, considered incendiary on matters related
to ethnicity, religion, sexual orientation, and political affiliation.
Both entities have defamation laws which are used in courts. The Press
Council registered four cases of hate speech in print media.
Many privately owned newspapers were available and expressed a wide
variety of views. A number of independent print media outlets continued
to encounter financial problems that endangered their operation.
During the year the Press Council considered 110 complaints related
to print media, accepting 36 as valid and rejecting 10 as unfounded. In
some cases, the council instructed media outlets to publish a
refutation or a retraction, or advised the same, resolving 41 cases in
this way. In 26 cases, the council gave instructions for further
complaint procedures, or for evaluating cases in court. Most of the
complaints accepted by the council involved allegations that print
media outlets denied persons the right to respond to reports and
articles that they considered false or defamatory. The number of
complaints due to breach of children's rights to privacy and protection
from discrimination increased during the year. In four cases, the
council registered hate speech in articles published in a daily
newspaper. The Press Council continued to face pressures and
difficulties in preserving its status as a single organization in
charge of print self regulation for the entire country.
Political pressures on state-level media institutions continued.
Political pressures on the CRA continued, with politicians often
alleging a lack of impartiality. Public broadcasters remained
vulnerable to political influence as well. Bosnia-Herzegovina Radio
Television tried to maintain a neutral editorial policy, but its
influence remained limited. Two public broadcasters, Federation
Television (FTV) and Radio Television of Republika Srpska (RTRS),
remained the largest television broadcasters in the country. RTRS
reported predominantly pro-Republika Srpska ruling party views, while
there were complaints that FTV continued supporting certain opposition
parties.
The problems of the CRA and the undermining of the CRA's
independence remained unresolved. Its authority was challenged on
political grounds by the ruling political parties. The Council of
Ministers failed, for a third year in a row, to appoint a CRA general
manager and attempted to influence the selection of a candidate by
making it part of a broader political package. In April 2009 the
mandate of CRA council members expired. By year's end, the state
parliament had not completed procedures for appointing new council
members. In 2009, the CRA's status was reduced to that of an
administrative body, but an October 19 decision excluded the CRA from
the Law on Administrative Bodies. Public broadcasters remained
fragmented due to the failure of the steering boards of the public
broadcasters to establish a unified public broadcasting system. On
September 23, the Organization for Security and Cooperation in Europe
(OSCE) issued a report on the country's media which noted that this
lack of progress to establish a public broadcasting system undermined
the long-term viability of public broadcasting in general.
The few media outlets in the Republika Srpska that retained
editorial independence continued to report government interference with
their operations. A local commercial network of five stations operated
in both entities (Mreza Plus), as did the private television networks
OBN and PinkBH. Dozens of small independent television stations
broadcast throughout the country. Radio continued to provide a forum
for diverse points of view. In many cases, news programs of independent
broadcasters reflected opposition perspectives.
The majority of Republika Srpska media showed a distinct bias in
favor of the Republika Srpska government. On July 2, the Republika
Srpska government, for the second consecutive year, decided to give
five million convertible marks ($3.4 million) to Republika Srpska-based
media, stating that the assistance would be distributed to projects
``of general social interest'' that ``improve access to information.''
Despite an official 90-day application submission deadline, the
Republika Srpska government allocated funds to 14 selected media
outlets well before that deadline. Media watchdog organizations and
opposition groups described the program as a subsidy to organizations
sympathetic to the ruling Republika Srpska party preceding the
country's general elections during the year. There were also complaints
that federation media outlets exhibited political bias demonstrating
support for certain political parties or business interests.
While there were continued reports of threats against journalists,
recent research by the Bosnia and Herzegovina Association of
Journalists revealed widespread popular indifference toward such
violence. During the year the Free Media Help Line (a part of the
Bosnia and Herzegovina Journalists Association) registered 43 cases
involving violations of journalists' rights and freedoms or pressure
from government and law enforcement officials. During the year there
were nine cases of pressure on and threats to journalists that included
one death threat and five physical attacks. Other cases involved
assault threats and denial of access to information.
In some instances, media sources reported officials threatened
media outlets with loss of advertising or limited their access to
official information. Politicians and government officials also accused
media outlets of opposing a given ethnic group or betraying their own
ethnic group. Some journalists complained of telephone tapping,
increased government surveillance, actual or threatened lawsuits, and
repeated visits from tax authorities.
There were several incidents reported during the year that involved
violence against journalists or possible attempts to intimidate the
media:
In August Damir Kaletovic, a journalist with the popular FTV
program 60 Minutes, was charged with illegal taping and secret
listening after broadcasting a threat made by Vitomir Popovic, the
country's human rights ombudsman, against him and FTV news director
Bakir Hadziomerovic. The threats were allegedly made after FTV
criticized Popovic's reelection as ombudsman, accusing him of
corruption and involvement in war crimes. Popovic was recorded as
saying that Kaletovic and Hadziomerovic each ``deserved a bullet to the
head'' for broadcasting the story. On September 20, following numerous
requests from Kaletovic, the Banja Luka district prosecutor opened an
investigation into the threats allegedly made by Popovic. Both the case
against Kaletovic and the investigation of Popovic remained open at
year's end.
On September 22, a store owner in Stolac kicked and attempted to
choke Dnevni List journalist Nevres Dedic after he took photos of a
police raid involving the store. The store owner also damaged Dedic's
camera. The attack reportedly occurred in front of five or six police
officers, who warned but failed to stop the attacker. Dedic filed a
complaint with the police. The Association of BiH Journalists strongly
criticized the attack and police failure to protect the journalist. The
association asked cantonal police to investigate the case and provide a
public explanation why they failed to protect a journalist on duty.
Dedic's attorney filed criminal charges against the attacker. Several
individuals were arrested during the police operation called ``Tax''
aimed at breaking the tobacco smuggling chain. However, Dedic's
attacker remains released on bail.
In May Ljiljana Kovacevic reported receiving official notification
of legal charges filed against the BETA news agency in connection with
a slander suit brought by Republika Srpska Prime Minister Dodik. In May
2009 the prime minister filed the suit against the agency and
Kovacevic, its Banja Luka correspondent, for reporting that SIPA
submitted a report on suspected criminal activity against him and other
persons in connection with questionable construction tenders. Dodik
asked the court for 15,000 convertible marks ($10,200) in damages. BETA
accepted the notification but reportedly had not received any
additional documents clarifying the case's status.
On election day, October 3, the ruling Republika Srepska political
party, Alliance of Independent Social Democrats (SNSD), faxed a letter
to ATV Banja Luka prohibiting the station from reporting at its
election headquarters. The country's journalists association condemned
SNSD's action as discriminatory.
By year's end, FTV had not complied with a court order directing
FTV to reinstate former news director Duska Jurisic. On January 18, FTV
fired Jurisic allegedly for ``lacking adequate communication skills
which damaged the FTV's reputation.'' In October labor inspection
officials determined that FTV's replacement of Jurisic was illegal. On
November 8, the municipal court of Sarajevo also ruled FTV's decision
to replace Jurisic to be illegal. On December 15, after FTV appealed
the court's ruling, the municipal court of Sarajevo ordered FTV to
reinstate Jurisic as news director until the final ruling.
During the year the police did not follow up the reported June 2009
death threat made against Alija Behram, the director of RTV Mostar and
host of a political television show. Behram received the threat after a
broadcast concerning controversial political issues in Mostar that some
believed were anti-Muslim.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events; however, ethnic
favoritism and politicization of faculty appointments constrained
academic freedom. In Sarajevo Serbs and Croats complained that Bosniaks
received preferential treatment in appointments and promotions at the
University of Sarajevo. The University of Banja Luka and the University
of East Sarajevo continued to limit faculty appointments almost
exclusively to Serbs. The University of Mostar remained divided into
two separate universities, reflecting the continued ethnic divide in
the city. Parochial interests influence the remaining five public
universities in Bosniak-majority areas. It was widely believed that
corruption is common in the university system.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly, and the Government
generally respected this right in practice.

Freedom of Association.--The law provides for freedom of
association, and the Government, with certain exceptions, generally
respected this right in practice. A wide range of social, cultural, and
political organizations functioned without interference.
The law allows NGOs to register freely; however, some NGOs and NGO
associations experienced difficulties registering, including long
delays and inconsistent application of the law. Some NGOs, frustrated
by delays at the state level, chose instead to register their
organizations at the entity level.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

Internally Displaced Persons.--The return of persons displaced by
the 1991-95 wars in the former Yugoslavia continued to steadily
decrease. According to the UNHCR, 358 persons (of whom, 340 were
minorities) returned during the first six months of the year.
Government officials and some NGOs, however, believed that the total
number of returns was significantly lower, since the UNHCR determined
returns based on property restitution rather than physical presence.
According to the UNHCR, there were an estimated 113,465 registered
displaced persons in the country at the end of 2009 seeking return to
their prewar places of residence.
On June 24, the country's parliament adopted the Revised Return
Strategy which deals with the issues of property and return of
displaced persons and refugees. The strategy treats equally the right
to return and the right to assistance for local integration of those
who choose not to return. Some of the organizations working on return
issues expressed concerns over the strategy, believing it would further
slow the return process and encourage local integration.
The high unemployment rate, lack of access to social benefits,
inability to transfer social benefits when returning from another
entity, lack of available housing, and high municipal administration
taxes on documents that were necessary for accessing reconstruction
assistance for return continued to inhibit returns.
Minority returnees often faced intimidation and complained of
discrimination in hiring. In returnee areas throughout the country, the
percentage of minorities holding municipal employment was neither
representative of current populations, nor consistent with legally
mandated percentages based on the 1991 census, indicating local
government failures to implement and enforce the provisions of the law.
Minority returnees also faced obstructions in their access to
education, health care, and pension benefits, as well as poor
infrastructure.
During the year observers continued to note a trend of attacks
directed against symbols of minority groups, rather than attacks
against individuals. This hostility continued to affect returns. Many
returnees cited authorities' failure to apprehend war criminals as a
disincentive to return. Many displaced persons created permanent lives
away from their prewar homes, and only individuals with few other
options (including a large number of elderly pensioners) tended to
return.
In the Republika Srpska, the Ministry for Refugees and Displaced
Persons provided support to Bosniaks and Croats returning to the entity
and to Bosnian Serbs returning to the federation. The federation
Ministry for Refugees assisted Croats and Serbs returning to the
federation, and Bosniaks and Croats returning to the Republika Srpska.
Both entity-level refugee ministries provided limited reconstruction
assistance to returnees and also committed part of their budgets
towards joint projects that were determined by the State Commission for
Refugees.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees.
The Government provided protection against the expulsion or return
of refugees to countries where their lives or freedom would be
threatened on account of race, religion, nationality, membership in a
particular social group, or political opinion.
Asylum seekers with pending claims, regardless of national origin,
may remain in asylum centers until the courts adjudicate their claims,
a process which normally took three months, although in some cases
longer. Asylum seekers have the right to appeal a negative decision,
and the law requires the court to render a decision within two months.
Asylum seekers have the right to education and legal redress for
human rights complaints. However, they do not have the right to
employment unless the Government grants them asylum. There were no
reports of abuse of refugees, and adequate protection was provided to
refugees in asylum centers.
During the year the Government did not grant temporary protection
to any individuals not considered to qualify as refugees.

Stateless Persons.--According to UNHCR, there were between 3,000
and 5,000 persons at risk of statelessness, the large majority of whom
were Roma. This figure also includes those lacking birth registration
and persons at risk of denaturalization (largely those naturalized
during the country's 1992-95 conflict). According to UNHCR, by year's
end, approximately 1,300 cases remained for review by the Government.
By year's end, more than 50 percent of the cases reviewed resulted in
denaturalization, which may render some persons stateless. There were
no reported cases during the year. In 2009 one person had been
registered as legally stateless, but was subsequently naturalized on
the basis of his origin (not on the basis of statelessness). The law
provides that a child born to one or two parents who are citizens of
the country is also a citizen, regardless of the place of birth. A
child born on the territory of the country to parents who are not
Bosnian citizens does not gain citizenship unless both parents are
stateless persons. While the law provides no special provisions to
expedite naturalization for stateless persons, it provides stateless
persons opportunities to gain nationality on a nondiscriminatory basis.
Stateless persons apply for naturalization through the same procedures
as other foreigners.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully, and citizens exercised this right in practice through
periodic multiparty elections based on universal suffrage.

Elections and Political Participation.--Observers from the OSCE
concluded that the general election was largely conducted in line with
international standards but noted problems, including deficiencies in
the registration process, group voting, and irregularities in the
counting process. The OSCE identified some biased reporting and noted
that private media, particularly print, tended to favor certain
candidates. Smaller parties complained about systematic underexposure
in the media. Many Republika Srpska print media reported nationalistic
parties' rhetoric advocating Republika Srpska's secession and implying
connections between segments of the country's Muslim community and
international terrorism. Some major outlets in the federation reported
parties' use of 1992-95 wartime imagery to intensify ethno-political
discord.
Political parties generally operated without restriction or outside
influence. Individuals and parties representing a wide spectrum of
political views could freely declare their candidacies and run for
election. The law provides that Serbs, Croats, Bosniaks, and ``others''
must be adequately represented in entity, cantonal, and municipal
government institutions, based on the 1991 census, until the returns
process detailed by the Dayton Accords is completed. However, the
Government did not respect this law in practice. Separate from the
three constituent peoples, there were 16 recognized national minority
groups.
Nationalist rhetoric from leaders of all ethnic groups dominated
political exchanges. In particular Serb politicians regularly called
into question the validity and existence of the state of Bosnia and
Herzegovina and threatened to call a referendum in the Republika Srpska
to secede from the state.
The law requires that at least 30 percent of political party
candidates be women. During the year the country held general
elections. An estimated 37 percent of all candidates were women, while
women accounted for 17 percent of those actually elected. A December
study by the president of the country's Central Election Commission
concluded that women were not appointed to the number of higher level
government positions that the law's candidate quota system envisioned
because of significant gender prejudice. At year's end, eight of 42
members of the state-level House of Representatives were women. There
were no women in the nine-member Council of Ministers, although there
was one female deputy minister. At the entity level, women held four of
23 leadership positions in the federation, including the president, one
vice president, one minister, and one speaker in parliament. In the
Republika Srpska, during most of the year, two of 16 ministers and one
speaker in parliament were women. By year's end, following October's
general elections, a record five women were appointed as ministers in
the Republika Srpska.
Minorities remained severely underrepresented in government. There
were no members of a minority group in the parliament and only one
member of a minority in the Council of Ministers.
As of year's end, the Government had not complied with the December
2009 ECHR judgment that the constitutional provision that precludes
``others'' (that is, persons outside the three constituent peoples--
Serbs, Croats, and Bosniaks) from becoming president or delegates of
the parliament's upper chamber violates the European Convention on
Human Rights. The ECHR found that the country's constitution
discriminates against minorities other than the ``constituent
peoples,'' and required the country to bring its constitution in
compliance with the European Convention for Human Rights.
Section 4. Official Corruption and Government Transparency
The law provides for criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
officials frequently engaged in corrupt actions with impunity.
According to World Bank governance indicators for 2009, corruption
remained a serious problem, although the country's rating improved
slightly compared with the previous year.
On January 13, state prosecutors initiated two indictments against
the former head of the Foreign Investment Promotion Agency (FIPA),
Haris Basic, and a senior FIPA associate on charges of abuse of office,
exceeding official authority, providing material gain to others, and
incurring damages to the Government in the amount of 54,000 convertible
marks ($36,720). The case was ongoing at year's end.
In February the state prosecutor ordered an investigation of
charges of abuse of power by Damir Hadzic, mayor of the Novi Grad
municipality in Sarajevo. The case was in the pretrial phase at year's
end.
On April 28, the head of the border police's airport office, Fadil
Jaganjac, was sentenced to five months in prison for allowing three
persons to enter the country with forged passports.
On April 8, a state court acquitted Edhem Bicakcic and Dragan
Covic, the president of the Croatian Democratic Union of Bosnia and
Herzegovina party, of corruption charges for alleged offenses committed
during the time they served as prime minister and deputy prime minister
of the federation.
On July 16, the country's appellate court acquitted Mladen Ivanic,
president of the Party for Democratic Progress and a House of Peoples
delegate, of charges that he misused public funds when he was Republika
Srpska prime minister from 2000-02.
As of year's end, state prosecutors had not filed any charges in
connection with the SIPA criminal report, announced in February 2009
that alleged corruption by Republika Srpska officials, including Prime
Minister Milorad Dodik, in connection with several illegal construction
tenders. The head of SIPA's organized crime unit, Dragan Lukac, who led
the investigation, was removed from his position in September 2009.
Candidates for certain public offices, including for seats in
parliament at the state and entity levels, and members of the Council
of Ministers and entity governments are subject to financial disclosure
laws. The Central Election Commission is responsible for ensuring
compliance with these laws.
Although the law provides for citizen access to government records,
many government agencies did not comply with the law. According to the
law, the Government must provide an explanation for any denial of
access, and citizens may appeal denials in the court system or to the
ombudsman's offices. In practice the Government sometimes failed to
provide the required explanation for denial of access unless citizens
appealed to the ombudsman, the courts, or legal aid. Public awareness
of the law remained low.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of human rights groups and NGOs generally operated
without restriction, investigating and publishing their findings.
However, government officials were often inefficient and slow to
respond to their recommendations.
By year's end, the UN Development Program estimated the number of
NGOs registered in the country to be more than 12,000. Financial
viability remained the most challenging obstacle to overall civil
society as only nonpolitically oriented organizations receive support
from local governments. Registration and the procedure to change an
organizational statute take significantly longer than prescribed by
legislation due to registration authorities' inefficiency. Public
support mechanisms and regulations were underdeveloped. Instead of
following set guidelines and criteria, the Government commissions that
allocated public benefit funds seemed to base many of their decisions
on political interest and allocated large percentages of funds to
predetermined beneficiaries such as religious communities, sports
organizations, and veterans associations. The methods of allocation
remain nontransparent and subject to corruption. Additionally there
were no monitoring and evaluation mechanisms.
During the year NGO advocacy activities became more diverse, using
methods such as policy papers, public announcements, and street
actions. NGO participation in decision-making processes was still
insufficient and case by case. Both the Government and the NGO sector
lack sufficient knowledge about the existing mechanisms for NGO
participation. The Council of Ministers has the right to return any
legislative draft which did not go through the NGO consultation
process, but to date has not used this mechanism. Despite some
successful advocacy initiatives during the year, NGOs were largely
excluded from decisions of greater political importance or sensitivity.
NGOs continued to establish greater cooperation with the Government at
lower levels. In addition to the existing Agreement on Cooperation
signed by the Council of Ministers, more than 60 municipalities drafted
and signed agreements with local NGOs by year's end.
Positive media coverage of NGOs continued to increase during the
year. The media showed greater willingness to follow and support the
work of the NGO community, although this willingness generally extended
only to NGO work that did not threaten government interests. Some media
covered more controversial issues, such as organized crime and
corruption in the health, education, and public administration sectors
and recognized NGOs' value as watchdogs and sources of information.
The state-level government cooperated fully with international
organizations, such as the Office of the High Representative, which has
special powers over the Government, as well as other international
organizations, such as the ICRC, ICMP, and the OSCE. However, the
Republika Srpska government was less responsive and cooperative than
were the state-level and federation governments with such
organizations.
The entity-level ombudsmen ceased to exist during the year, as
mandated by the law, and a single state-level ombudsman institution
composed of three members representing the country's three constituent
groups became fully functional with the headquarters in Banja Luka and
branch offices in Sarajevo, Mostar, Brcko, and Livno. The state-level
ombudsman is a functional institution with authority to investigate
violations of the country's human rights laws on behalf of individual
citizens and to submit recommendations to the Government for remedy.
However, the ombudsman's recommendations are not legally binding.
The state parliament has a Joint Commission for Human Rights,
Rights of Children, Youth, Immigration, Refugees, Asylum, and Ethics,
consisting of members of both houses of parliament. The 11-member
commission regularly held hearings, proposed legislation, and
participated in human rights-related activities with governmental and
nongovernmental organizations.
The Government generally cooperated with the International Criminal
Tribunal for Former Yugoslavia (ICTY) by complying with investigations
and handing over indicted suspects. During an October 18 visit to the
country, ICTY Chief Prosecutor Serge Brammertz stated that time was
running out and called on countries in the region to help arrest the
two remaining ICTY fugitives, Ratko Mladic and Goran Hadzic. Brammertz
described their arrest as becoming imperative, particularly because of
the damaging effects that delay of justice has on victims. The ICTY
trial of Radovan Karadzic, a fugitive for 13 years, for alleged crimes
committed in the country was ongoing at year's end.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or other social status; however, the Government did not
enforce these prohibitions effectively.

Women.--Rape and spousal rape are illegal; the maximum penalty for
either crime is 15 years' imprisonment. A sense of shame reportedly
prevented some rape victims from complaining to authorities. While
police generally responded to reports of sexual assault, they tended
not to treat reports of spousal rape with the same seriousness.
Violence against women, including domestic violence and sexual assault,
remained widespread and underreported. According to NGO estimates, one-
third of the women in the country were victims of domestic violence.
Both entities have laws that require police to remove an offender from
the family home. Experts estimated that only 10 percent of domestic
violence victims reported the crime. Police received specialized
training in handling cases of domestic violence, and there were two
hotlines operating throughout the country that provided assistance to
victims. During the year the Republika Srpska domestic violence hotline
had received 1,516 reports of domestic violence while the federation
hotline received 519. There were several shelters throughout the
country for victims of domestic violence, many of which received
financial and other material support from the Government during the
year. Many of these shelters doubled as shelters for victims of
trafficking in persons.
Couples and individuals had the right to decide freely and
responsibly the number, spacing, and timing of their children, and had
the information and means to do so free from discrimination, coercion,
and violence. There was easy access to contraception and skilled
attendance during childbirth. Most women had access to prenatal and
postpartum care through employer or government insurance. However,
insurance costs for self-employed women were often prohibitive, and the
actual amount of benefits provided to unemployed mothers often varied
according to canton or municipality. According to estimates compiled by
international organizations, there were approximately nine maternal
deaths per 100,000 live births in the country in 2008. Men and women
received equal access to diagnosis and treatment for sexually
transmitted infections, including HIV.
The law prohibits sexual harassment, but it was a serious problem.
Many NGOs reported that women experienced sexual harassment, but
victims almost never filed complaints because they did not recognize
their experiences as harassment and were not aware of their legal
rights. Women have equal legal status to men, and authorities treated
women equally in practice. The Government's Agency for Gender Equality
worked to inform women of their rights. The state- and entity-level
parliaments had committees for gender equality. Although few women held
positions of substantial economic or political power, they were
represented in most professions. However, results from a labor force
survey released during the year showed that women had no larger share
in employment than men in any formal economic sector. The survey
indicated that over 62 percent of women of working age were inactive in
formal labor markets, although many employers underreported employment
to avoid mandatory social security contributions. An October report
submitted by six prominent women's rights organizations to the U.N.
Committee on the Elimination of Discrimination against Women concluded
that the Government had taken no affirmative action measures that would
address gender inequality in employment, noting the absence of job-
growth programs tailored specifically for women. According to the
report, the state- and entity-level government employment strategies
recognized the problem of gender-based inequalities in the labor market
and structural stereotyping but were not seriously committed to
increasing women's competitiveness in the labor market.
Authorities documented a small but increasing number of gender-
related discrimination cases. Anecdotal accounts indicated that women
and men generally received equal pay for equal work at government-owned
enterprises but not always at private businesses. Women in all parts of
the country had problems with nonpayment of maternity leave allowances
and the unwarranted dismissal of pregnant women and new mothers. Many
job announcements openly advertised discriminatory criteria, such as
age and physical appearance, for female applicants. Women remained
underrepresented in law enforcement agencies, although there was
continued progress.

Children.--By law a child born to one or two parents who are
citizens of the country is also a citizen, regardless of the place of
birth. A child born on the territory of the country to parents who are
not Bosnian citizens does not gain citizenship unless both parents are
stateless persons.
During the year the UNHCR, through a local legal aid NGO,
registered the birth of children, mainly Roma, whose parents failed to
register them as they were required by the law. The NGO ``Vasa Prava''
estimated that there were 4,500 unregistered children in the country.
Unregistered children experienced significant obstacles in accessing
social, educational, and health benefits.
Education is free and compulsory through the age of 15. Schools
required parents to pay for books, lunches, and transportation. These
expenses caused some children to drop out of school. A lack of reliable
monitoring hindered efforts to ensure that children receive an
education. The law requires children with special needs to attend
regular classes, but schools were often unable to accommodate them.
During the year the country's Roma council estimated that less than
35 percent of Romani children attended school regularly. Poverty
prevented many Romani children from attending school. Authorities
provided textbooks, meal allowances, and transportation allowances for
Romani children. Verbal harassment from other students and language
problems also contributed to the exclusion of Roma from schools.
During the year students in areas where they are in the minority
frequently faced a hostile environment. Obstruction by nationalist
politicians and government officials slowed efforts to abolish school
segregation and enact other reforms. During the year Stolac High School
operated without accreditation because the Herzegovina Neretva Cantonal
Ministry of Education found that the curriculum submitted by the Stolac
Municipal Council discriminated against Bosniak students.
In some areas of the country, local officials and parents sought to
establish complete physical segregation of Bosniak and Croat students.
Many schools effectively entrenched segregation and discrimination. The
law provides for administrative and legal unification of the estimated
56 schools with separate classes for Bosnian Croats and Bosniaks;
however, implementation of the law did not lead to integrated
classrooms. Some of these schools shared extracurricular activities,
school entrances, and recreation facilities.
In the Republika Srpska, non-Serbs made up less than 5 percent of
the teaching staff in primary and secondary schools. In the federation,
minority teachers made up between 5 and 8 percent of all teachers,
depending on the canton. Children in primary and secondary schools
studied what some NGOs described as ``divergent, ethnically specific
curricula.''
On December 1, following three-days of discussion with state- and
entity-level officials, the Council of Europe Commissioner for Human
Rights publicly called for ending school segregation, particularly in
the federation, because it ``reinforces prejudices and intolerance and
perpetuates ethnic isolation.'' The commissioner added that such
ethnic-based and divided education systems are not consistent with
Council of Europe standards and remain an obstacle to sustainable
returns of persons displaced by the 1992-95 war.
Family violence against children was a problem. Police investigated
and prosecuted individual cases of child abuse. Some NGOs estimated
that one family in four experienced domestic violence. Municipal
centers for social work protected children's rights, but lacked
resources and housing for children fleeing abuse or those whom they
needed to remove from abusive homes.
In certain Romani communities, girls married between the ages of 12
and 14 years old. The Government did not have any programs that were
aimed specifically at reducing the incidence of child marriage.
Rape is a crime under entity criminal laws. The prescribed sentence
for rape is from one to 10 years' imprisonment (if without aggravating
circumstances). The minimum age for consensual sex is 18 years old.
However, entity-level laws against ``enticement to prostitution''
permit police to treat minors 14 years and older as ``juvenile
prostitutes'' instead of victims of rape or trafficking in persons.
Women's and children's rights NGOs complained that the law allows
police to subject children 14 to 17 years old to interrogation and
criminal proceedings, although no such prosecutions were documented
during the year. Under entity criminal codes, abuse of a child or
juvenile for pornography is a crime that carries a sentence of one to
five years imprisonment.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--There were no reports of anti-Semitic violence
against members of the Jewish community, which is estimated to be less
than 1,000 persons, and one report of violence against property. On
November 18, the secretary of Jewish community in Doboj reported that
the walls of the local synagogue were vandalized with Nazi graffiti, a
swastika, and ``Sieg Heil.'' Doboj police immediately came to the crime
scene to start an investigation, which remained open at year's end.
On November 7, a Bosnian-Croat soccer fan held a Nazi flag during a
match in Siroki Brijeg, Sarajevo. The police were said to have stood by
and allowed display of the flag and repeated shouting of ``Sieg Heil.''

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law in both entities prohibits
discrimination against persons with physical, sensory, intellectual,
and mental disabilities; however, there was discrimination against
persons with disabilities in employment, education, and access to
health care and other state services. Children with disabilities lacked
sufficient medical care and educational opportunities. Policies toward
persons with similar disabilities differed between entities in part due
to structural differences between the entities' institutions. In the
federation, the Institute for Medical Disability Status Classification,
staffed by medical professionals and overseen by five relevant
federation ministries in cooperation with an advisory NGO, determined
the severity of each person's specific disability and level of
assistance needed. In the Republika Srpska, the Government social
workers in the Center for Social Welfare under the entity Ministry of
Health and Social Welfare evaluated persons for disabilities and
assistance.
In the federation, the law mandates that all public buildings must
be retrofitted to provide access to persons with disabilities, and new
buildings must also be accessible by the end of the year. However,
buildings were rarely accessible to persons with disabilities in
practice. Several government buildings, including the federation
government and parliament buildings, were not in compliance with the
law. The Republika Srpska had comparable laws for public access, but
few older public buildings were accessible.
There was clear discrimination between different categories of
persons with disabilities, although the vast majority of such persons
were unemployed. Persons with disabilities resulting from service
during the 1992-95 conflict were given a privileged status above
civilian war victims and persons who were born with disabilities. The
Republika Srpska government paid 40 convertible marks ($27) monthly to
upwards of 5,000 persons recognized by its Center for Social Welfare as
disabled. In the federation, some 35,000 persons, using standards
adopted by the Government in 2009, were officially recognized as ``90
percent'' or ``100 percent'' disabled and received 440 convertible
marks ($372) in assistance each month. Veterans and civilian war
victims with disabilities received an estimated 1,000 convertible marks
($680).
Many individuals with disabilities lived in institutions, although
a growing number of programs for children with disabilities were
available in schools. During the year an estimated 30 percent of
persons with disabilities residing in institutions were capable of
independent living if housing and resources were available. At year's
end, an estimated 1,900 persons with varying degrees of intellectual
disabilities were institutionalized. During the year the federation
government began a pilot program for assisted living in Tuzla which
included 20 persons with intellectual disabilities. As of year's end,
no such programs existed in the Republika Srpska.

National/Racial/Ethnic Minorities.--Ethnic differences remained a
powerful force, although mixed communities existed peacefully in some
areas.
Harassment and discrimination against minorities continued
throughout the country, often related to property disputes. These
problems most often included desecration of graves, graffiti, arson,
damage to houses of worship, verbal harassment, dismissal from work,
threats, and assaults. Specific incidents reported during the year
included the following:
On January 23, unknown individuals threw stones at the building of
Croat Cultural Center Petar Ajvazovic in Doboj, damaging the stone
tablet with the name of the institution. Police investigated the
incident but did not identify the perpetrators.
On February 19, two minors from Sarajevo accosted Orthodox priest
Milorad Milinkovic in Sarajevo's suburb of Reljevo. The next day the
Sarajevo canton police identified the perpetrators, who confessed to
verbally abusing the priest. The police filed an offense report against
their parents for negligent parenting.
On April 4, two persons spray-painted swastikas, crosses, and
Ustasha insignias on 13 tombstones at a Muslim cemetery in Zepce. The
local Muslim community and municipal leaders strongly condemned the
act. The perpetrators were taken into custody. The prosecutor ordered
them detained for 24 hours.
During the year the investigation continued in the August 2009 case
in which a 20-year-old male fired two shots at the Serb Orthodox church
building in Sarajevo's suburb of Reljevo.
There were no developments and none were expected in the November
2009 bombing attack at the home of the Serb Orthodox parish priest in
Sanski Most (in the federation). Priest Slobodan Visekruna was standing
near the explosion but was not injured. Police and the cantonal
prosecutor investigated the attack, which was strongly criticized by
local officials. The case remained unsolved at year's end.
There were no developments and none were expected in the August
2009 case of two young males who verbally assaulted Trebinje Imam
Husein Effendi Hodzic in front of the Osman Pasina Mosque in central
Trebinje. The case remained unsolved at year's end.
Ethnic discrimination in employment and education remained key
problems. In most cases, employers did not reverse the widespread
firing of members of ethnic minorities during and after the 1992-95
conflict, and employers often hired members of the local ethnic
majority over minorities. Many smaller enterprises were owned by
politically connected individuals, usually members of the majority
group in their communities, and did not employ minorities. State- and
entity-level officials generally did not act to prevent such
discrimination.
There were an estimated 80,000 to 100,000 Roma in the country. Roma
experienced serious difficulties in enjoying the full range of
fundamental human rights provided to them under the law. The country's
Helsinki Committee for Human Rights estimated that only 1 percent of
the working-age Romani population were employed and indicated that
employers usually downsized Roma first during a reduction in force.
Many Roma lacked birth certificates, identification cards, or a
registered residence, preventing them from accessing health care and
public education services or registering to vote.
In 2008 the country joined the 12-country Decade of Roma Inclusion
initiative of central and southeast European countries to raise the
socioeconomic status and encourage the social inclusion of Roma over
2005-15. As part of the initiative, the country adopted a national
``decade action plan'' that established goals and indicators in the
initiative's four priority areas: education, employment, health, and
housing. In coordination with Romani representatives, the Government
tasked the state Ministry of Human Rights and Refugees (MHRR) with
overseeing implementation of the action plan. In 2009, the MMHRR began
with annual allocation of three million convertible marks ($2 million)
for implementation. Romani representatives complained that the
bureaucratic procedure significantly delayed the utilization of funds.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--While the law prohibits
discrimination on the basis of sexual orientation, it was not fully
enforced in practice, and there was frequent societal discrimination
against gay, lesbian, bisexual, and transgender (LGBT) persons.
Gays and lesbians faced frequent harassment and discrimination,
including termination from employment. In some cases, dismissal letters
explicitly stated that sexual orientation was the cause of termination,
making it extremely difficult for them to find another job. The
European Commission Progress Report for the year found that physical
attacks and harassment of LGBT persons continued and that no government
official condemned such acts.
The Q Association, an umbrella organization for the country's LGBT
population, operated semipublicly, and the employees of the
organization did not openly display their address and contact
information, as they were afraid of intimidation and threats. For the
same reason, the association did not organize any high-profile public
events to promote LGBT rights during the year. In 2008 the
association's Queer Sarajevo Festival was harshly criticized by Muslim
community leaders and was the scene of threats and physical violence
against festival organizers and participants.

Other Societal Violence or Discrimination.--According to government
statistics, there were 167 officially registered cases of HIV/AIDS in
the country at year's end, with slightly more than half registered in
the federation. The NGO XY-Association for Sexual and Reproductive
Health estimated that the actual number of cases throughout the country
was at least 600. There was significant social stigma and employment
discrimination against persons with HIV/AIDS, a general lack of
awareness of HIV/AIDS, and extremely limited resources to identify and
assist those affected.
During the year government-run testing facilities lacked properly
trained counselors or a systematic method of referring those diagnosed
with HIV/AIDS for outside counseling and often relied on periodic,
informal requests from the NGO Apoha to relay the contact information
to those who had been recently diagnosed with HIV/AIDS. Government-run
clinics and hospitals often used separate silverware and dining
facilities for patients with HIV/AIDS, and waiting room staff often
ignored HIV/AIDS patients' rights to privacy and confidentiality. While
the Government provided HIV-suppressing drugs free of charge to persons
diagnosed with HIV/AIDS, it did not fund the treatment of opportunistic
infections associated with HIV/AIDS.
Although the entity and Brcko District governments did not directly
sponsor HIV/AIDS awareness and antidiscrimination programs for school-
age children, authorities permitted the XY-Association to conduct
``peer education'' training workshops in public schools during school
hours in 17 cities throughout the country during the year.
Section 7. Worker Rights

a. The Right of Association.--The law allows workers in both
entities (including migrant workers, but excluding members of the
military) to form and join independent unions without previous
authorization or excessive requirements, and workers did so in
practice. However, a cumbersome state-level government NGO registration
system was a problem. For example, the International Labor Organization
has criticized the Government for not allowing the Trade Union of
Bosnia and Herzegovina, representing approximately 260,000 workers
primarily from federation government-owned enterprises, to register as
a union at the state level since 2002. Lack of formal recognition
blocked the union from engaging in social dialogue on problems
pertaining to state-level competencies with partners.
The law provides for the right to conduct union activities without
interference; however, authorities did not impose sanctions against
employers who obstructed workers from organizing. Worker rights
violations continued to be a lower priority for ministry inspectors, as
state officials instead focused on bolstering state revenues by
cracking down on unregistered employees and employers that did not pay
taxes. Some unions reported that employers threatened employees with
dismissal if they joined a union and have in some cases fired union
leaders for their activities.
The law in both entities and the Brcko District provides for the
right to strike, and workers exercised this right in practice. However,
in the federation, the law has burdensome requirements for workers who
wish to conduct a strike. For example, a trade union cannot officially
announce a strike without first reaching an agreement with the employer
on which ``essential'' personnel would remain at work. If no agreement
is reached, then the strike can be declared illegal. This effectively
enables the employer a means to prevent a legitimate strike.
In Republika Srpska, workers, including those in the health sector
and public utilities, must provide a minimum level of service in the
event of a strike.

b. The Right to Organize and Bargain Collectively.--The law
provides for the right to bargain collectively in both entities and the
Brcko District. In both entities, general collective agreements,
wherein the minimum wage and other conditions of work are fixed, were
negotiated by the respective governments and representative
organizations of employers and workers. A number of private employers
have refused to recognize these agreements. Workers' and employers'
organizations were not skilled in collective bargaining. Labor
authorities in the federation noted that employers and workers often
did not fully analyze whether such agreements were financially
sustainable when they were signed.
Antiunion discrimination is prohibited by law but was widespread in
both entities and the Brcko District. The labor inspectorates and
courts did not deal effectively with complaints of antiunion
discrimination by employers although the courts in the federation have
often ruled in favor of workers in union-related disputes. In practice
the Government did not impose fines on employers who prevented workers
from unionizing, a practice that was becoming more prevalent as private
sector businesses replaced former state-owned enterprises that had a
traditional union culture. There are no legal or technical barriers
preventing an employee from bringing a complaint against an employer.
However, high unemployment coupled with fear of losing one's job, a
backlogged court system, and the lack of legal protection for the
approximately 20 percent of the labor force working in the unregistered
gray economy, were disincentives to filing complaints.
There are no special laws or exemptions from regular labor laws in
the country's four export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that individuals and organized crime syndicates trafficked
women and children within and to the country for commercial sexual
exploitation and sometimes for begging and forced labor.
Victims of sexual exploitation worked primarily out of private
apartments and homes or were driven to clients and forced to perform
sexual services. They reported working in conditions akin to slavery,
with little or no financial support, where they were intimidated,
verbally threatened, and subjected to physical and sexual assault to
keep them in a condition of servitude.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
Entity-level and Brcko District labor laws restrict child labor, and
the entity governments enforced these laws in practice. The minimum age
for employment of children in the federation and in Republika Srpska is
15 years old; minors between the ages of 15 to 18 years old must
provide a valid health certificate to work. The law prohibits children
from performing hazardous labor. In the federation, the law prohibits
minors from ``night work'' except in exceptional circumstances.
Although child labor was not generally a problem, children sometimes
assisted their families with farm work and odd jobs. Reports indicated
that children sometimes worked in small, family-owned shops.
Trafficking in children for sexual exploitation and sometimes for
labor and begging was a problem. Organized begging rings exploited
Romani children in particular, of which more than half were under the
age of 14 and did not attend school.
Entity governments are responsible for enforcing child labor laws.
Neither entity had inspectors dedicated to child labor inspections, and
authorities investigated violations of child labor laws as part of a
general labor inspection. Both entities' labor inspectorates reported
that they had not found significant violations of child labor laws in
the workplace, although they did not conduct reviews of children
working on family farms. The Government did not collect data on child
labor.

e. Acceptable Conditions of Work.--The monthly minimum wage in the
federation was 343 convertible marks ($233). In the Republika Srpska,
the monthly minimum wage was 370 convertible marks ($252) except in the
textiles and footwear sectors where it was 320 convertible marks
($218). The Brcko District did not have a separate minimum wage or an
independent pension fund, and employers typically used the minimum wage
rate of whichever entity its workers decided to direct their pension
funds towards. None of these levels provided a decent standard of
living for a worker and family. Labor inspection agencies at the entity
level were responsible for enforcing the minimum wage. In the case of
the federation, the entity agency was responsible for large state-owned
enterprises, while cantonal inspection agencies were responsible for
small, private businesses. The agencies were effective at enforcing the
minimum wage, largely because it was low. Many employers did not report
actual salaries in an effort to avoid payment of social contributions.
Many workers had outstanding claims for back payment of salaries
and pensions. The law requires employers in both entities and the Brcko
District to make substantial mandatory contributions to pension and
health care funds. To avoid paying high social welfare benefits,
employers often did not officially register their employees, leaving
employees without access to public health care and unable to officially
transfer to another employer.
Many employers were behind, sometimes for years, in paying salaries
or providing health and pension benefits to employees of public works
and institutions.
The legal workweek in both entities and the Brcko District is 40
hours; however, seasonal workers may work up to 60 hours per week. The
law limits overtime to 10 hours per week in both entities; the
federation has no provision for premium pay, while the Republika Srpska
requires a 30 percent premium. A recent study, funded by Norwegian
trade unions, found that employers routinely denied workers overtime
and sick leave in the private commercial sector in both entities and
the Brcko District, particularly those employed in large shopping
malls. An employee in the Republika Srpska may volunteer for an
additional 10 hours in exceptional circumstances. Federation and
Republika Srpska laws require a minimum rest period of 30 minutes
during the workday. The entities and the Brcko District have little
ability to enforce regulations on working hours, daily and weekly rest,
or annual leave, and these protections were generally believed to be
lacking.
Authorities in both entities and the Brcko District did not
adequately enforce regulations related to acceptable work conditions.
While labor inspectorates made some effort to enforce registration of
employees, they limited most inspections to conditions affecting the
officially registered workforce. In the Republika Srpska, the courts
were ineffective in providing adequate protections to workers. Union
leaders have lobbied for the creation of special labor courts to handle
the workload, but the proposal lacks the support of the state's High
Judicial and Prosecutorial Council. Republika Srpska law holds
employers responsible for improving working conditions.
The law provides workers the right to remove themselves from
situations that endanger their health or safety without jeopardy to
their employment; however, this right was not effectively enforced in
practice. Workers' rights extended to all official, that is,
registered, workers including migrant and temporary workers. According
to informal estimates, approximately 40 percent of the total work force
was unregistered.

__________

BULGARIA

The Republic of Bulgaria is a parliamentary democracy with a
population of approximately 7.6 million. The constitution vests
legislative authority in the unicameral National Assembly (Narodno
Sabranie). A minority government headed by a prime minister ruled the
country. Observers generally deemed the July 2009 general elections
free and fair. Law enforcement organizations reported to civilian
authorities although, in some instances, law enforcement officers acted
independently.
Human rights problems reported during the year included police use
of force against, and mistreatment of, detained persons and members of
minorities and harsh conditions in prisons and detention facilities.
There were strong concerns about pressure on and intimidation of
journalists; reports of discrimination against religious minority
groups; and corruption in the executive, legislative, and judicial
branches of government. Other problems included violence against women
and children; substandard education for Romani children; harsh
conditions in state-run institutions for children; trafficking in
persons; and discrimination against persons with disabilities, Roma,
other members of minority groups, and lesbian, gay, bisexual, and
transgender (LGBT) persons.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
security forces shot and killed one person.
On July 23, the police shot and killed Marian Ivanov during his
arrest in Pleven. At year's end, the investigation against the police
officer was pending.
At year's end, authorities continued to investigate two officers
implicated in the 2009 case of a detainee who suffocated during
transfer from one detention center to another.
On November 12, following the January 20 decision of the Supreme
Court of Cassation, the Military Appellate Court reduced by half the
sentences of the five former Blagoevgrad police officers convicted in
the 2005 death of Angel Dimitrov. Thus the highest-ranking officer
received nine years, and the rest received eight years each.

b. Disappearance.--There were no reports of politically motivated
disappearances.
The Government acted effectively against ransom kidnappings
involving wealthy businessmen and their families. On October 14, the
prosecutor indicted nine members of a gang for 11 kidnappings and one
attempted kidnapping. At year's end, two gang members were out on bail;
the rest remained in custody.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
observers noted increased use of force in connection with the
Government's stepped up efforts to address organized crime. In the
first six months of the year, the Government investigated 30 cases of
police violence. In 2009 the Government investigated 42 cases of police
violence and prosecuted 10 police officers; the courts convicted six.
Nongovernmental organizations (NGOs) claimed that authorities
frequently did not properly investigate complaints from persons who
alleged police brutality.
Police can detain persons for 24 hours without charging them.
Police sometimes arrested suspects for minor offenses and physically
abused them to force confessions, especially Romani suspects. NGOs
continued to report that Romani victims were more willing to lodge
official complaints against the authorities.
Human rights groups continued to claim that medical examinations in
cases of police abuse were not properly investigated, and officials
rarely punished offending officers.

Prison and Detention Center Conditions.--Prison and detention
center conditions generally did not meet international standards.
Conditions in most prisons were harsh with inadequate toilet
facilities and insufficient heating and ventilation. Overcrowding
remained a serious problem, especially in pretrial detention centers.
During the year there were 9,379 prisoners in the country's 13 prisons
with a capacity for 8,740; a slight increase from the previous year.
The daily food allowance was approximately 3.20 levs ($2.17). NGOs
received complaints about both the quality and quantity of food. The
prison administration received complaints from prisoners about imposed
sanctions, medical services, living conditions, and prison guards.
Although the Bulgarian Helsinki Committee (BHC) facilitated training
for guards, they did not receive sufficient training. There were some
reports of mistreatment of inmates. Authorities held foreign prisoners
serving longer terms in a separate prison in Sofia to provide them with
easier access to consular services.
The 2008 BHC case in the administrative court against the Ministry
of Justice for not providing adequate guard supervision and failing to
provide physical security to prisoners was pending at year's end.
In September the Council of Europe's Committee for the Prevention
of Torture (CPT) released the report of its 2008 visit to the country's
prisons and detention facilities. The CPT noted that, despite some
improvements, conditions in detention facilities and prisons remained
poor, and the police often exceeded the 24-hour detention period. The
CPT noted that the police at times would handcuff a prisoner to an
immovable object when there was insufficient cell space for an inmate.
The CPT also noted that access to medical care was substandard and
reiterated its recommendation that authorities improve medical record
keeping, including records on an inmate's condition at the beginning of
custody, to better identify injuries related to police custody.
Prison authorities acknowledged difficulties diagnosing and
treating the increasing numbers of drug-dependent inmates and limiting
their access to narcotics. According to the prison administration, an
estimated 1,100 prisoners, or nearly 12 percent of the prison
population, were drug dependent.
All prisoners have the right to work, and two days of work reduced
the prison term by three days. In practice the prison administration
offered work to only a limited number of prisoners in low-security
prisons. Prisoners alleged that the system for determining the type of
regime that a prisoner received was corrupt and lacked oversight.
Only one detention facility met internationally established human
rights standards. The Government partially renovated a few other
detention centers. During the year 22,029 persons, including 1,108
women and 738 juveniles, went through the country's 42 pretrial
detention centers; at year's end, there were 1,283 detainees there. The
total capacity of the centers was 1,786 persons.
NGOs reported that the juvenile justice system lacked coordination.
Crime reports were not matched with social reports for proper case
assessment, which resulted in inefficient assignment of corrective
action. At year's end, there were 66 juveniles in corrective schools
and 29 in pretrial detention.
While prisoners in principle have the right to receive visitors, in
most cases, that was impossible due to a lack of space to accommodate
visitors in the facility. Prisoners could hold religious observance
without restrictions on the denomination.
Prisoners reported substandard conditions to the prison
administration, the ombudsman, and the court system. During the year
prisoners filed 785 complaints with the prison administration claiming
improper sanctions, improper transfers to other facilities, substandard
medical services, poor conditions, and abuse by prison guards. The
prison administration found 449 of those complaints unfounded; it
investigated the rest of the complaints and imposed sanctions.
During the year the Government generally permitted monitoring of
prisons by independent observers, including the CPT's December 2009
visit to the country's detention facilities and the BHC's periodic
visits.
During the year the National Assembly allocated 20 million levs
($13.6 million) to improve living conditions and reduce overcrowding
over the three-year period to 2013.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention; however, there were reports that police at times
abused their arrest authority.

Role of the Police and Security Apparatus.--The Interior Ministry
is responsible for law enforcement. The State Agency for National
Security (DANS) is responsible for domestic intelligence analysis and
corruption. A special parliamentary committee provides oversight of
DANS. The Interior Ministry, the Prosecution Service, and DANS
cooperate in creating organized crime task forces focused on high-level
organized crime and corruption.
The National Intelligence Service and the National Protective
Service, which answer to the president, were subject to oversight by a
permanent parliamentary committee.
Impunity remained a problem. NGOs claimed that military judges, who
were responsible for all military and Ministry of Interior appeals,
were vulnerable to influence, as the defense minister had the power to
confirm their appointments as well as to promote or demote them in
rank. However, there were no specific reports of such pressure during
the year.

Arrest Procedures and Treatment While in Detention.--While not
required, police normally obtained a warrant from a prosecutor prior to
apprehending an individual. Authorities generally informed detainees
promptly of the charges against them. Police may hold a detainee for 24
hours without charge, and a prosecutor may authorize detention for an
additional 72 hours without charge. In general authorities observed
these laws in practice. Prosecutors may not arrest military personnel
without the defense minister's approval. A court must approve detention
for more than 72 hours; such detention can last up to two years for the
most serious charges. In general authorities observed these laws in
practice.
The law provides for bail, and bail was widely used.
The law provides for the right to counsel from the time of
detention; however, police often failed to inform detainees of this
right, and detainees often lacked timely access to a lawyer. The law
provides state-funded legal aid for low-income defendants, but a lack
of coordination hindered this program's implementation.
The report on the CPT visit noted improvement in the legal aid
system and further recommended that authorities ensure full
effectiveness of the arrangements for access to counsel, and keep
strict records on defendants' access to counsel.
Long delays awaiting trial were common, and there was a large
backlog of outstanding investigations. Tough, statutorily mandated time
limits for investigations often resulted in hasty indictments that
judges returned for additional investigation.
The law grants amnesty for crimes committed due to ``negligence.''
The intent of the law was to reduce overcrowding in prisons. However,
in 2009 authorities released only 210 prisoners. Prosecutors complained
the law granting amnesty effectively blocked many investigations of
corruption in public office, since ``negligence'' was often the only
crime for which corrupt public officials could be prosecuted. On
January 19, the constitutional court rejected the Government's
challenge to the legitimacy of this law.

e. Denial of Fair Public Trial.--The law provides for an
independent judiciary; however, corruption, inefficiency, and lack of
accountability were pervasive problems.
The Supreme Judicial Council appoints, promotes, disciplines, and
dismisses judges, investigators, and prosecutors. It investigates
complaints of judicial misconduct and recommends disciplinary action.
Observers noted that the council was slow to exercise its authority and
implement internal discipline. From January to October, the council
dismissed one magistrate and disciplined 23 others for professional
misconduct.
Judicial and investigative backlogs remained a problem in some
jurisdictions. Despite modest improvements, long delays for criminal
trials were common. In July the Government enacted amendments to the
penal procedure code to alleviate problems with trial delays; these
amendments include the use of reserve defense attorneys who can
substitute if illness or the absence of the original attorney delays
the process. In several high-profile cases, judges used the new
procedures to eliminate delays in court proceedings. As a result of
these amendments, observers noted a slight improvement in the
efficiency of the trial process.

Trial Procedures.--The law presumes defendants innocent until
proven guilty and allows them ample time to prepare a defense. All
court hearings are public except for cases involving national security,
endangerment of public morals, and the privacy of juvenile defendants.
Observers often complained that a court would unnecessarily hear cases
of high public interest behind closed doors when the prosecution
presented wiretap evidence.
Juries are not used. In cases involving serious crimes, two lay
judges join a professional judge. If a crime carries a sentence of
imprisonment for more than 15 years, two professional judges and three
lay judges hear the case. In such circumstances, a majority vote
determined verdicts. Defendants have the right to be present at their
trial. A defense attorney is mandatory if the alleged crime carries a
punishment of 10 or more years in prison for juveniles, foreigners,
persons with mental or physical disabilities, or for trials conducted
in the absence of the accused. Defendants have the right to confront
witnesses, examine evidence, and present their own witnesses and
evidence. The law provides for the right of appeal, which was widely
used. Trial procedures apply equally to all citizens.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--As of November, the
European Court of Human Rights (ECHR) had issued 60 judgments that
found 89 violations by the country of the European Convention on Human
Rights. In the judgments, the ECHR ordered the Government to pay
980,148 euros ($1.3 million) in compensation and court costs. The
judgments found 27 violations of the right to a speedy and fair trial;
19 violations of the right to an effective remedy; 11 violations of the
right to liberty and security; six violations of the right to respect
for private and family life; five violations involving the prohibition
against inhuman or degrading treatment; four violations of the right to
life; one violation of freedom of thought, conscience, and religion;
one case of discrimination; one violation of the right to safeguards
against expulsion; and one case of double jeopardy. The Government
complied strictly with the judgments.

Civil Judicial Procedures and Remedies.--The law provides for an
independent and impartial judiciary in civil matters; however, the same
long delays as for criminal cases affected court action on civil cases.
Individuals may file allegations of human rights abuses with courts and
with the Commission for Protection against Discrimination, which may
impose sanctions on violators.

Property Restitution.--In May 2009 the Jewish community was able to
regain possession and physically occupy a formerly state-run hospital
in central Sofia. The hospital management's appeal of the court's
ruling was denied. On June 14, the Ministry of Regional Development
filed a new appeal that the court rejected, but the Government still
had the ability to appeal in the Supreme Court.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these provisions in practice.
A permanent parliamentary subcommittee oversaw the use of
specialized investigative techniques.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press; however, there were reports that individuals
with political and economic interests intimidated journalists. NGOs
reported that journalists practiced self-censorship or took money from
political and business leaders and from organized crime groups to plant
positive stories about the leaders and criminal groups. In addition
media owners forced journalists to pervert the facts. In many cases,
the true owners of media companies could not be identified. On October
22, the National Assembly passed the Print Periodicals Media Bill,
which seeks to enforce transparency in media ownership.
Individuals criticized the Government freely without reprisal.
However, in rural areas offering fewer employment opportunities,
individuals were more hesitant to criticize local governments.
Media organizations and in a few cases political parties freely
published a variety of newspapers. Private television and radio
stations provided a variety of news and public interest programming.
However, the acquisitions in June of a number of media outlets by
groups affiliated with business and political interests led to further
monopolization of private media and limited the variety of views
available in print and on television. Both print and electronic media
were susceptible to economic and, to a certain degree, political
influence. Although the state-owned electronic media presented
opposition views, observers believed that the law was inadequate to
protect their programming independence and left these media vulnerable
to government pressure.
During the year there was one killing of a journalist reported. On
January 5, Boris ``Bobbie'' Tsankov, the controversial author of
tabloid publications on the country's underworld and a former radio
show host, was killed by unknown persons. Authorities accused one
person of contracting the killing. The investigation was ongoing at
year's end.
During the year there were reports of threats or attempts to
intimidate journalists.
On February 8, Bulgarian news agency journalist Ivan Yanev was
investigating the killing of a police officer in the village of Enina
when a police spokesman from the nearby city of Stara Zagora threatened
him, stating that Yanev was a ``dead man.'' Authorities accused Yanev
of reporting on the killing before the official police version was
released and prohibited him from returning to the crime scene.
In July Nova Television reporter Diliana Gaytandjieva alleged that
the deputy speaker of the National Assembly, Lachezar Ivanov, pressured
her to stop the broadcast of a program that revealed luxury real estate
and vehicles owned by six customs officers. Ivanov's motive for
exerting pressure on Gaytandjieva was alleged to be a personal
relationship with one of the targets of the program. Under pressure
from his party, Citizens for the European Development of Bulgaria,
Ivanov stepped down as deputy speaker and committee chair.
During the year the police closed the investigation into the 2008
assault on Frognews editor in chief, Ognian Stefanov, whom authorities
suspected of affiliation with www.opasnite.net, a Web site closed for
reportedly releasing classified information. Police stated that they
were unable to find the attackers.
Libel is legally punishable. Usually the courts interpreted the law
in a manner that favored journalistic expression. Many defamation cases
were prompted by journalists reporting about corruption or
mismanagement; the most frequent plaintiffs were government officials
and other persons in public positions.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly, and the Government
generally respected this right in practice. The law requires groups
requesting a permit for gatherings to give 48-hours' notice. The law
prohibits public gatherings within a security zone (five to 20 meters)
around the National Assembly, the Council of Ministers, and presidency
buildings. Mayors can prohibit, dismiss, or suggest an alternative site
for a gathering that they regard as posing a threat to public order,
security, or traffic.

Freedom of Association.--The law provides for freedom of
association, and the Government generally respected this right in
practice. The law prohibits groups that endanger national unity or
promote racial, national, or religious hatred, violate the rights of
citizens, or seek to achieve their objectives through violent means.
The Government generally respected the rights of individuals and groups
to establish their own political parties or other political
organizations.
Political parties based on religious, ethnic, or racial affiliation
are illegal. In practice the prohibition did not appear to weaken the
role of some ethnic minorities in the political process; a number of
parties in reality represented various ethnic minority groups. NGOs may
not engage in political activity.
The law requires a political party to have 5,000 members to
register officially.
In December 2009 the Committee of Ministers of the Council of
Europe decided to end its monitoring of the 2005 ECHR judgment against
the Government for preventing the Macedonian activist group Ilinden
from registering as a political party, although the Government
continued to deny Ilinden the right to register.
On February 19, the Blagoevgrad District Court upheld a lower
court's refusal to register the Society of Repressed Macedonians in
Bulgaria.
In 2009 the Sofia Appellate Court upheld the decision of the
Blagoevgrad District Court, which had refused to register the Nikola
Vaptsarov Macedonian Cultural and Educational Society. The court ruled
that there was no separate Macedonian ethnicity in the country and that
some of the organization's goals, as outlined in its statute, implied
the existence of such an ethnicity.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice.
The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the Government did not employ
it in practice.

Protection of Refugees.--The law provides for granting asylum or
refugee status, and the Government has established a system for
protecting refugees. The Government provided some protection against
the expulsion or return of refugees to countries where their lives or
freedoms would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion. The UNHCR stated that the risk of genuine refugees being
rejected was limited.
The law requires that persons seeking refugee status file an
application within ``a reasonable time'' after entering the country.
Observers remained concerned about the institutional capacity of the
Government to process requests and transfer applicants to shelters. The
authorities sustained the practice of detaining asylum seekers who
enter the country illegally in the center in Busmantsi, treating them
as illegal immigrants and thus subject to potential deportation.
Although the law sets a maximum six-month period of detention, there
were numerous reports of detentions exceeding six months as well as of
guards mistreating detainees. Detainees also complained of poor living
conditions and inadequate access to legal counsel.
On February 16, law enforcement officials arrested the head of the
migration directorate on charges of supporting a criminal group
supplying foreigners with false citizenship documents. The court
ordered the defendant to remain in jail pending trial. The
investigation was pending at year's end.
On February 16, in an unrelated case, the head of the state agency
for refugees was fired and charged with embezzlement. The defendant
remained free on bail, and the investigation was pending at year's end.
On February 18, 25 detainees in Busmantsi went on a hunger strike
to highlight the need for more humane treatment. The legal deportation
of seven Nigerian citizens, whom authorities notified of their
deportation 15 minutes before their flight, inspired the strike. The
strikers asserted that the entire system for granting asylum in the
country was corrupt and demanded better conditions and expedited
release from the center for all first-time asylum applicants. On June
6, an activist committee organized a public rally in support of the
persons detained in Busmantsi. An estimated 100 protesters gathered in
front of the facility to demand respect for the human dignity of the
detainees, improved living conditions, and access to health services
and education.
During the year authorities did not continue an investigation of
the October 2009 death of Hassun Albaddj, who died in the Busmantsi
detention center. The preliminary review found no evidence of physical
abuse, although his repeated requests for medical attention apparently
went unanswered.
The number of applicants for refugee status has decreased by two-
thirds since 2002. As of November the Government granted humanitarian
status in 108 cases, accorded asylum in 19 cases, and denied asylum in
318 cases of a total 825 applications. Most applications came from
citizens of Iraq, Iran, Afghanistan, Armenia, Syria, Algeria, and
stateless persons.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens generally exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
However, reports of large-scale vote buying marred the June 2009
European Parliament and July 2009 general elections.

Elections and Political Participation.--Despite persistent vote-
buying allegations and the previous ruling coalition's late changes to
the electoral system, observers widely regarded the July 2009
parliamentary election as free and fair.
According to election observers, 10 to 16 percent of the votes in
the European Parliament election were purchased or manipulated,
including busing voters to different districts, which had a greater
influence on the results than the general elections due to the lower
voter turnout. As of July, authorities brought 158 persons to trial,
and the courts convicted 97 for election-related violations. The
investigations of two cases of vote buying were pending.
The country has a mixed electoral system in which individuals vote
for both a political party list and a specific candidate in a single
mandate district. The single mandate districts undermined the equality
of the vote due to a significant variation in population sizes of the
districts.
The law provided immunity for candidates for political office. This
resulted in the release of parliamentary candidates whom authorities
charged with serious crimes, including leaders of organized-crime
groups, from pretrial detention.
In 2009 the National Assembly established a committee with a three-
month mandate to investigate numerous accusations of double voting and
improper registration of citizen voters living in Turkey. According to
the committee, thea majority of the irregularities (64.4 percent of
reported cases) was unintentional and resulted from officials'
incompetence or disregard of procedures in reducing the time of voting
and processing the results.
There were 53 women in the 240-seat National Assembly, compared
with 51 elected in 2005. A number of women held elective and appointive
offices at high levels in the Government, including two ministers.
Women held key positions in the National Assembly, including that of
speaker of the assembly, one deputy speaker, and chairmanship of seven
of the 20 standing committees.
There were 28 members of minority groups (27 ethnic Turks and one
Roma) in the National Assembly. There was one ethnic Turkish minister
in the cabinet. While the ethnic Turkish minority was well represented,
Roma were underrepresented, particularly in appointed leadership
positions. Pomaks (ethnic Bulgarians who are Muslims) held elected
positions at the local level.
Section 4. Official Corruption and Government Transparency
Despite increased efforts to hold public officials accountable,
corruption remained a problem in all branches of government. The law
provides criminal penalties for official corruption; however, the
Government did not implement the law effectively, and officials often
engaged in corrupt practices with impunity. Corrupt practices included
bribery, conflict of interest, elaborate embezzlement schemes, and
procurement violations. Corruption continued to exist in high civil and
administrative courts. In both the executive and judiciary, NGOs
reported that corrupt officials were often fired, pressured to quit, or
most often reassigned rather than prosecuted on corruption-related
charges. The overly formal judicial system made it difficult to
prosecute high-profile organized crime and corruption cases
effectively.
On March 29, the Government adopted amendments to the criminal
procedure code to address some of the weaknesses in the country's legal
procedures. The amendments allow police to testify in court and provide
for the protection of witness identity. Judges can also assign reserve
defense lawyers to prevent attempts by defendants to delay cases on
unjustified grounds. The changes also strengthened the role of
specialized investigative techniques, making it possible for collateral
wiretap information, as well as reports from the EU's European
Antifraud Office, to be accepted as evidence.
During the year the Government indicted four former ministers as
well as, for the first time, a sitting minister from the current
government. While there were few verdicts, since 2009 the number of
high-profile corruption cases has steadily increased. During the year
the following developments were reported with regard to the
Government's efforts to prosecute cases of high-level corruption:
In separate rulings on March 29 and June 30, the Sofia City Court
found Mario Nikolov guilty on charges of document fraud and
embezzlement of EU funds and sentenced him to 12 years in prison. The
court also convicted his wife and six other accomplices, and sentenced
them to six years imprisonment. Nikolov and his accomplices were
members of a criminal network specializing in the embezzlement of EU
funds.
In May an investigative report revealed that three judges from the
Supreme Administrative Court, the head judge of the Sofia Appellate
Court, and one other high-level magistrate helped their close relatives
obtain beach-front real estate on the Black Sea. The three supreme
administrative court judges were fired.
On June 30, a court acquitted former deputy minister of interior,
Raif Mustafa, and his associate, Rosen Marinov, of attempting to bribe
Marin Dimitrov, the former head of the Fisheries Agency. Despite tape
recordings of Marinov offering a bribe and Dimitrov's testimony, the
court found Mustafa and Marinov not guilty. The Prosecution Service
appealed this decision.
In May 2009 the Supreme Judicial Council officially dismissed the
chair of Varna administrative court, Anelia Tsvetkova, for undermining
the prestige of the judiciary. DANS arrested Tsvetkova in July 2008 for
bribery and confiscated 150,000 levs ($101,710) from her home. Her
trial on bribery charges was pending at year's end.
The law mandates that government officials declare any
circumstances in which they could be accused of using their position
for personal profit. According to the law, high-level public officials
who fail to submit a financial disclosure declaration can be fined as
much as 1,500 levs ($1,017). According to the National Audit Office,
during the year 16 of 6,546 officials covered by the law did not submit
their annual declaration within the statutory deadline, compared with
71 of 6,656 officials in 2009.
The law provides the right of public access to government
information; however, NGOs continued to complain the Government did not
implement the law effectively. While the courts allowed greater access
to government information, the Government rarely implemented these
decisions.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Human rights observers
reported uneven levels of cooperation from various national and local
government officials.
The law provides for an ombudsman to review the complaints of
individuals against the Government for violations of rights or
freedoms. The ombudsman can request information from state authorities,
act as an intermediary in resolving disputes, make proposals for
terminating existing practices, and refer information to the
prosecution service. During the year the ombudsman received 3,687
complaints of violations of citizens' rights and freedoms compared with
2,686 in 2009. The majority of complaints concerned quality of public
services, property issues, and social assistance programs. NGOs
continued to criticize the ombudsman for focusing on administrative
issues rather than actively engaging on human rights cases.
A permanent parliamentary committee oversees human rights,
religious denominations, and citizens' complaints and petitions.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination on the grounds of race, gender,
disability, social status, and sexual orientation; however, the law
does not prohibit discrimination on the basis of language. Societal
discrimination continued, particularly against ethnic minorities,
sexual minorities, and persons with disabilities. Trafficking in
persons continued to be a problem.
The Government investigated complaints of discrimination, issued
rulings, and imposed sanctions against violators. The law allows
individuals to pursue a discrimination case through the court system or
through the Commission for Protection against Discrimination. During
the year the commission received 663 complaints. The majority of the
complaints concerned labor discrimination. A little over a quarter of
the cases involved complaints of multiple discriminations. The
commission found 216 cases of discriminatory practices and imposed nine
fines totaling 48,800 levs ($32,547) on violators.

Women.--Rape is illegal but underreported due to the stigma
attached to it. Spousal rape can be prosecuted under the general rape
statute; however, authorities rarely prosecuted it in practice.
Sentences for rape range from two to eight years in prison (from three
to 10 years if the victim is a blood relative). When rape results in
serious injury or suicide, sentences range between three and 15 years
imprisonment, and when the victim is a minor, between 10 and 20 years.
Authorities generally enforced laws against rape when violations came
to their attention. According to NGOs, the social taboo experienced by
rape victims discouraged them from reporting the crime, and it was a
far more serious obstacle to prosecution than police reluctance to
investigate. As of July the prosecution service filed 103 rape cases,
and the court sentenced 65 persons.
NGOs reported that one in four women was a victim of domestic
violence. Although there were no precise statistics, NGO estimates
identified an increase in its occurrence.
The law defines domestic violence as any act of, or attempt at,
physical, psychological, sexual violence, emotional, or economic
pressure against members of one's family or between cohabitating
persons. The law requires the Government to adopt an annual action plan
to prevent and protect against domestic violence and requires the state
to fund it. The law empowers the court to deal with offenders by
imposing fines, issuing restraining or eviction orders, or requiring
special counseling. NGOs assessed the implementation of the law
positively and stated that the courts issued more restraining orders.
Failure to adhere to court restraining orders is a criminal offense.
On June 8, the Government passed implementing regulations to the
law on protection against domestic violence that provide a framework
for partnership between government and NGOs and set out the scope of
the national program for prevention of and protection against domestic
violence. The regulations give NGOs a mechanism for obtaining
government funds for prevention and protection projects.
A local NGO operated a 24-hour, free hotline for women in crisis,
and other NGOs provided short-term protection and counseling to victims
in 17 crisis centers throughout the country. Police and social workers
referred victims of domestic violence to NGO-run shelters, but NGOs
complained that local authorities rarely provided financial assistance
for operational costs.
Sexual harassment is punishable under prohibitions against
coercion, which carry a punishment of up to six years in prison. The
law identifies sexual harassment as a specific form of discrimination.
During the year the Commission for Protection against Discrimination
continued to receive sexual harassment complaints, which accounted for
an estimated 5 percent of all complaints. However, sexual harassment
remained a widespread problem, and the Government did not effectively
enforce the law.
The Government generally respected the right of couples and
individuals to decide freely and responsibly the number, spacing, and
timing of their children, and to have the information and means to do
so free from discrimination, coercion, and violence. Women generally
had good access to contraception and skilled attendance during
childbirth, including essential obstetric and postpartum care. However,
access to contraception and skilled attendance in childbirth were less
available to women in poor rural areas. The National Statistical
Institute (NSI) reported the maternal mortality rate was five deaths
per 100,000 live births in 2009. However, a report at the National
Obstetrics and Gynecology Conference held in May claimed there were no
reliable statistics on maternal mortality and estimated an average
annual number of 12 deaths per 100,000 live births. Women were treated
equally in the diagnosis and treatment of HIV and other sexually
transmitted infections.
The law provides women with the same rights as men; however, women
faced some discrimination in hiring and pay. According to NSI
quadrennial data, women's salaries were 11 percent lower than men's,
with some lower-paid sectors, such as education and services, dominated
by women. The National Council on Equality between Women and Men,
headed by the minister of labor and social policy under the Council of
Ministers, is responsible for safeguarding the rights of women.
Primarily a consultative body, the council is charged with promoting
cooperation and coordination among NGOs and government agencies.

Children.--Citizenship is derived from one's parents. Children are
immediately registered upon birth in the country.
Public education is compulsory until the age of 16, and free
through the 12th grade, but the Government did not effectively enforce
attendance requirements. Children were required to pay for books after
the fourth grade, which was a problem for poor families.
According to the Ministry of Education and Science, dropout trends
affected Romani children disproportionately: in primary school, 23
percent of students were Roma, while by the ninth grade, only 3 percent
of students were Roma. The majority of students left school due to
social and family reasons.
The education provided to Romani children was generally inferior,
and nearly 10 percent of Roma never attended school. In 2009 the
Supreme Court of Appeals upheld the 2005 ruling that the city of Sofia
was guilty of discrimination for failing to provide equal educational
opportunities to Romani children.
Romani activists and NGOs continued to complain that the closure of
450 schools for budgetary reasons resulted in a higher number of Romani
children dropping out of school because Romani parents were especially
reluctant to allow their children to travel to new schools in other
towns, and parents at schools accepting new Romani students often
reacted negatively to their arrival.
The Government lacked a policy on children with disabilities,
resulting in their receiving inadequate access to education,
healthcare, and social services (see section 6,).
Violence against children was a problem. According to the National
Center for Public Opinion Surveys, during the year, one in five
children was a victim of violence or abuse in school. Experts noted the
emergence of new forms such as cyber bullying. According to the NSI,
2,009 children were victims of serious crimes in 2009, down from 2,606
juvenile victims in 2008. Experts commented that the cruelty of the
acts had increased, noting the number of murders rose from seven to 12.
The Government operated a 24-hour free hotline for children, which
received over 5,000 calls per month, often removed children from
abusive homes, and prosecuted abusive parents.
Although no official statistics were available, NGOs reported that
child marriage, which was common in Romani communities, resulted in
school dropouts, early childbirths, poor parenting, and spreading
poverty. In October the Roma NGO Amalipe presented a study showing that
the average age for marriage among the Roma was 18 years.
The Government continued to report a declining trend in the number
of children detained by police for vagrancy and begging, which as of
October was 397 compared with 659 in 2008. Many believed adults
exploited these children, who were primarily engaged in begging,
prostitution, or washing car windows. When such children were
apprehended, police generally placed them in protective custody for up
to 24 hours, unless remanded to protective custody by a prosecutor.
Subsequently, many children were sent to state-run institutions.
Implementation of child-care policies was decentralized. The
Government funded child welfare programs. Some municipalities
contracted with NGOs to provide care, but some NGOs remained concerned
about the ability of poorer municipalities to manage and administer
care effectively.
Problems in state-run institutions for children, including
incidents involving the exploitation of children, continued to receive
media attention during the year. In September the BHC and the
prosecution service conducted a joint inspection of institutions for
disabled children that uncovered 238 deaths in the preceding decade as
a result of poor treatment, lack of supervision, and unsanitary
conditions as well as violence. At the time of inspection, 103
residents suffered from malnutrition and 622 suffered from serious
infections. Further findings also revealed cases of sexual abuse,
physical violence, and injury. The Prosecution Service opened
investigations into 166 cases of death and 27 cases for injury.
During the year the Government began a deinstitutionalization
program with the aim of closing all such institutions by 2025 and
integrating the children into foster families or family-type homes. To
accomplish this objective, the Government took significant steps to
enhance family preservation, foster care, and adoption programs.
In 2009 there were 6,920 children, including children with
disabilities, in 137 specialized institutions. This was a decrease from
7,466 children in 140 institutions in 2008 and a 45 percent decrease
from 12,609 children in 165 institutions in 2001. The majority of
children in institutions were Roma. Most children in state institutions
were not orphans; courts institutionalized children when they
determined that their families were unable to provide adequate care.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual Report on Compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--According to the Jewish organization Shalom, anti-
Semitism was not widespread, but there were increasing reports of anti-
Semitic incidents. In March, a week before Passover, vandals painted
the Jewish school in Sofia with anti-Israeli slogans. In May vandals
painted the memorial of the Russian soldiers in Sofia with swastikas on
the eve of the 65th anniversary of the end of the Holocaust. The media
and NGOs gave public support to Shalom's declaration protesting the
incidents. Jewish organizations remained concerned over the lack of
public sensitivity to the fact that the overwhelming majority of those
acts were unpunished.
On June 6, skinhead extremists attacked a group of young persons in
a streetcar who were going to a protest rally in support of asylum-
seekers in front of the Center for Temporary Accommodation of
Foreigners in Busmantsi. On June 8, the police arrested eight persons
but subsequently released two of them; the investigation was ongoing at
year's end.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

National/Racial/Ethnic Minorities.--Societal discrimination against
Roma and other minority groups remained a problem that sometimes
resulted in incidents of violence between members of different ethnic
groups. Authorities estimated that Roma constitute between 6 and 10
percent of the population. According to a 2002 Council of Europe
report, there were 600,000 to 800,000 Roma in the country. According to
the 2001 census, ethnic Turks made up 9 percent of the population.
Ethnic Bulgarian Muslims, often termed Pomaks, are a distinct group of
Slavic descent, whose ancestors converted from Orthodox Christianity to
Islam; they constitute 2 to 3 percent of the population.
Popular prejudice against Roma remained widespread. There were
isolated cases of police harassment, arbitrary arrests, and violence
against Roma. However, NGOs reported that, while an increasing
percentage of Roma were willing to file complaints against authorities,
the overall number of complaints had dropped in recent years.
In September the Yambol municipality demolished a squatter
settlement populated by an estimated 100 Roma families. The local
government refused to compensate the expelled families, but provided
them with free transportation to a location of their choice.
Authorities made an individual assessment of each family and placed
them on the relevant waiting list for municipally owned apartments. In
November the local court ruled that the demolition had been illegal.
Roma NGOs commented that the historical landlessness of Roma was among
the main factors for their poor housing situation. NGOs estimated that
50 to 70 percent of Romani housing was illegally constructed and were
concerned that more municipalities would initiate legal proceedings to
demolish illegally built houses.
There were no further developments reported with regard to the
September 2009 destruction of 46 Romani homes in Burgas municipality,
during which police used disproportionate force during the demolitions.
Following the 2009 ruling of the European Committee of Social
Rights that the country failed to ensure that any person who is without
adequate resources have access to social assistance provided by the
state, the Government promulgated in February amendments to the Social
Assistance Act, which eliminated the time limits for eligibility for
assistance.
Workplace discrimination against minorities, especially Roma,
continued to be a problem. The unemployment rate among Roma was nearly
65 percent, reaching 80 percent in some regions. General public
mistrust of Roma, coupled with their low level of education, made Roma
less able to find jobs. Many observers noted the quality of education
offered to Romani children was inferior to that afforded most other
students. However, there were isolated examples of success, such as the
National Assembly internship program which has graduated 10 young Roma
professionals each year since 2007.
Under the penal code, inciting racial or national enmity, hatred,
or discrimination is a crime punishable by up to three years in prison,
and plaintiffs may also file civil claims with the court for damages
inflicted by discriminatory statements.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law prohibits
discrimination on the basis of sexual orientation, but the Government
did not effectively enforce this prohibition. While reports of violence
against LGBT persons were rare, societal discrimination, particularly
discrimination in employment, remained a problem. The gay-rights
organization Gemini reported that individuals continued to be reluctant
to pursue legal remedies for discrimination due to the stigma of being
openly identified as gay.
In May the Antidiscrimination Commission ruled that a November 2009
regulation by the city of Pazardjik prohibiting public expression of
sexual orientation violated the country's antidiscrimination laws. In
early August in response to a complaint that the commission's ruling
was not being enforced, Pazardjik prosecutor Stefan Yanev asserted that
the regulation was not discriminatory because homosexuality is a
disease. He said also that the regulation would prevent prostitutes
from parading their orientation and seeking clients in front of the
city hall. On the following day, the Supreme Administrative Prosecution
Service abolished the Pazardjik ordinance. At year's end, the Pazardjik
city council was challenging the Antidiscrimination Commission's
decision in the Supreme Administrative Court.
On June 26, the third annual gay pride parade in downtown Sofia
attracted an estimated 300 participants. The parade was held without
disruption but under heightened security. Earlier that day, 10
nationalist organizations gathered about 100 protesters to demonstrate
against the gay pride parade. The Holy Synod of the Christian Orthodox
Church condemned the parade, calling it a glaring, shameful, and sinful
demonstration and appealing to the local authorities to prohibit the
event. For the first time, the gay pride parade received support from a
political party in the National Assembly, the right-wing conservative
Democrats for Strong Bulgaria.

Other Societal Violence or Discrimination.--According to the Hope
against AIDS Foundation, HIV/AIDS patients faced discrimination and
inadequate medical care due to doctors refusing to provide treatment
from fear of contracting the disease. Patients typically did not
contest these situations in court due to the social stigma attached to
being identified as having HIV/AIDS. The NGO stated that at least four
patients with HIV/AIDS died due to denial of treatment. Patients
reported hiding the fact that they were HIV positive to receive medical
care. Women also encountered social stigma when being diagnosed and
treated for sexually transmitted diseases.
As of September, the Health Ministry reported 1,223 HIV-infected
patients in the country, while NGOs estimated the actual number of
cases to be around 4,000. During the year the ministry identified 114
new HIV patients--three were pregnant women and 20 were prison inmates.
The majority of the newly identified patients contracted the disease
through intravenous drug use and homosexual contacts.
Section 7. Worker Rights

a. The Right of Association.--The law provides for the right of all
workers to form or join independent trade unions of their choice
without previous authorization or excessive requirements, and workers
exercised this right in practice. The European Trade Union Institute
(ETUI) stated that 20 percent of the country's workforce was unionized.
The law allows unions to conduct their activities without
interference, and the Government generally protected this right in
practice. The law also provides for the right to strike; however, key
public sector employees (primarily military and law enforcement
personnel) were subject to a blanket prohibition against striking.
These employees were able to take the Government to court as a means of
ensuring due process in protecting their rights. Although the law
prohibits police from striking, police held symbolic protests in 2008
and in January 2009 against low wages and poor working conditions. In
March a group of approximately 3,000 police, military, tax employees,
and prison guards protested against the Government's announced anti-
crisis plan, which would potentially reduce their salaries.

b. The Right to Organize and Bargain Collectively.--The law
provides a legal structure for collective bargaining, which was
practiced nationally. Labor unions alleged that some employers failed
to bargain in good faith or to adhere to agreements. According to ETUI,
30 to 35 percent of workers were covered by a collective bargaining
agreement.
The law prohibits antiunion discrimination and includes a provision
for a six-month salary payment as compensation for illegal dismissal.
In addition complaints of discrimination based on union affiliation
could be filed with the Commission for Protection against
Discrimination, but there were no reports of such complaints during the
year.
There are no special laws or exemptions from regular labor laws in
the country's six free trade zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children. According to the
Government's labor inspectorate, the Government effectively enforced
those prohibitions. However, there were some reports of children being
forced to work for their families or criminal organizations. Women and
children were trafficked for commercial sexual exploitation. Also see
the Department of State's annual Trafficking in Persons Report at
www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in
the workplace, including a prohibition on forced or compulsory labor
and policies regarding acceptable working conditions. The Government
was generally effective in implementing these laws and policies.
The law sets the minimum age for employment at 16 years old and the
minimum age for dangerous work at 18. To employ children, employers
must obtain a work permit from the General Labor Inspectorate under the
Ministry of Labor and Social Policy to employ workers under the age of
18. Employers can hire children under the age of 16 with special
permits in limited types of employment. The General Labor Inspectorate
inspects the working conditions at all companies applying for child
work permits.
Employment of children without a work permit is a criminal offense
and entails a punishment of up to six months in prison. Child labor
laws generally were enforced well in the formal sector, but NGOs
reported that children were exploited in certain industries
(particularly small family-owned shops, textile production,
restaurants, construction businesses, and periodical sales) and by
organized crime (notably for prostitution, pickpocketing, and the
distribution of narcotics). Besides trafficking for commercial sexual
exploitation, the worst forms of child labor included heavy physical
labor and labor on family tobacco farms, a significant health hazard.
The Government continued programs to eliminate the worst forms of child
labor, mounted educational campaigns about their effects, and
intervened to protect, withdraw, rehabilitate, and reintegrate children
engaged in the worst forms of child labor.
The general labor inspectorate continued to report a decline in
child employment during the year, which was primarily due to the
overall unemployment rise resulting from the financial crisis. As of
December the inspectorate granted 1,734 requests for employment of
children between the ages of 16 and 18 years old. The inspectorate
granted 100 requests for work permits for children under the age of 16.
The inspectorate referred 12 cases of unlicensed, underage workers to
the Prosecution Service. The inspectorate also found five other
violations of child labor laws, primarily involving failure to
recognize the different provisions for paid leave and working hours
that apply to minors. According to the inspectorate, once corrected,
employers did not repeat the violations.

e. Acceptable Conditions of Work.--The national minimum wage
remained 240 levs ($163) per month. While this wage did not provide a
decent standard of living for a worker and family, many workers
received more wages unofficially to avoid taxes.
The law provides for a standard workweek of 40 hours with at least
one 24-hour rest period per week. The Ministry of Labor and Social
Policy is responsible for enforcing both the minimum wage and the
standard workweek. The law stipulates that premium pay for overtime
cannot be less than 150 percent during workdays, 175 percent during
weekends, and 200 percent during official holidays. The law prohibits
overtime for children under age 18, pregnant women, and women with
children up to age six. Enforcement was generally effective in the
state sector but weaker in the private sector. During the year the
labor inspectorate found 490 violations of overtime pay rules.
A national labor safety program, with standards established by law,
gives employees the right to healthy and nonhazardous working
conditions. The labor inspectorate is responsible for monitoring and
enforcement. In the first nine months of the year, there were exactly
the same number of work-related incidents as in 2009, but employers
were generally more compliant in observing their obligation to provide
healthy working conditions. Conditions in some sectors, particularly
construction, mining, chemicals, and transportation, continued to pose
risks for workers. As of October there were 60 workplace-related
deaths, compared with 48 for the same period in 2009. At least 30
percent of the deaths occurred in the construction sector.
The law gives employees the right to remove themselves from work
situations that present a serious or immediate danger to life or health
without jeopardy to their continued employment; however, refusal to
work in such situations could result in the loss of employment.

__________

CROATIA

The Republic of Croatia is a constitutional parliamentary democracy
with a population of 4.4 million. Legislative authority is vested in
the unicameral Sabor (parliament). The president serves as head of
state and commander of the armed forces, cooperating in the formulation
and execution of foreign policy; he also nominates the prime minister,
who leads the Government. Domestic and international observers stated
that presidential elections held in December 2009-January 2010 were in
accordance with international standards. Security forces reported to
civilian authorities.
There were reports of prison overcrowding, large backlogs of
unresolved criminal and civil cases, ineffective prosecution of some
domestic war crimes trials, lack of progress in restoring nationalized
property to the Serb Orthodox Church and Coordination of Jewish
Communities in Croatia, incidents of societal violence and
discrimination against ethnic minorities, particularly Serbs and Roma,
violence and discrimination against women, trafficking in persons,
violence and discrimination against gays and lesbians, and
discrimination against persons with HIV/AIDS.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports the Government or its agents committed arbitrary or unlawful
killings. There were no killings of police officers in the line of
duty.

b. Disappearance.--There were no reports of politically motivated
disappearances.
In December the Government reported 1,853 persons remained missing
from the 1991-95 military conflict, including an estimated 831 ethnic
Serbs, the majority of whom went missing in 1995. During the year the
Government investigated 39 possible mass and individual gravesites,
resulting in the exhumation of the remains of 53 persons, 51 of whom
were believed to be ethnic Serbs. The Government identified the remains
of 63 persons found earlier, 52 of whom were ethnic Serbs.
The Government continued to cooperate with the International
Commission of Missing Persons (ICMP), with which it exchanged 7,039
blood samples. These exchanges led to the identification of the remains
of 223 persons since 2004. To date the Government has exhumed 4,589
bodies and identified 3,691 missing persons, including the 223 remains
identified through the exchange of blood samples.
The Government handled all exhumations and identifications, while
the International Criminal Tribunal for the former Yugoslavia (ICTY)
monitored only the sites related to cases it investigated. The ICMP
assisted in the identification of remains. The Organization for
Security and Cooperation in Europe (OSCE), the International Committee
of the Red Cross (ICRC), and experts from Serbia and Bosnia and
Herzegovina also monitored certain exhumations.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices, and the
Government generally respected these provisions in practice.
On March 25, three off-duty police officers severely beat and
injured a 20-year-old Roma at a gas station in Karlovac (see section
6).

Prison and Detention Center Conditions.--Prison and detention
centers were overcrowded.
The prison system has a capacity of approximately 3,500 persons,
but there were an estimated 5,000 inmates in prisons, penitentiaries,
and juvenile detention institutions at the end of the year. Of the
5,000 inmates, 225 were women. There were 107 juvenile prisoners.
The country has an ombudsman for human rights, who regularly
visited prisons throughout the country to assess conditions. According
to the ombudsman, while treatment of prisoners was generally humane,
the Government was unable to meet fully prisoners' needs for
healthcare, hygiene, space and fresh air, and access to work
opportunities due to overcrowding.
The ombudsman specifically cited poor ventilation and insufficient
outdoor time as problems. While prisoners generally had access to
medical care, medical personnel do not staff all prisons continuously
during the week and during vacation times. Access to sufficient
psychiatric services and to specialists was a problem. Prisoners have
potable water.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observances. Authorities did not permit prisoners
and detainees to submit complaints to judicial authorities without
monitoring. Authorities allowed prisoners to request investigation of
credible allegations of inhumane conditions; however, the ombudsman
reported that prison staff verbally harassed some prisoners, and in one
case subjected a prisoner to disciplinary measures following an oral
complaint to the ombudsman. The Central Office of the Prison System
Department monitors prison conditions, promptly responds to complaints
about prison conditions from the ombudsman's office, and rectifies
problems where possible.
The Government permitted visits by independent human rights
observers, including the ICRC. The ombudsman has no authority to serve
on behalf of prisoners to consider such matters as alternatives to
incarceration for nonviolent offenders to alleviate overcrowding;
addressing the status and circumstances of confinement of juvenile
offenders; and improving pretrial detention, bail, and recordkeeping
procedures to ensure that prisoners do not serve beyond the maximum
sentence for the charged offense. The ombudsman can only intervene in
relation to prison conditions. His opinion is not binding. The
ombudsman recommended that certain well behaved prisoners be moved to
lower security level facilities or to a prison closer to their home to
facilitate family visits.
During the year the Government completed construction of a new
prison facility in Glina in accordance with a March 2009 Constitutional
Court verdict instructing the Government to adjust prison capacity in
Zagreb's main prison to meet present needs within five years. The
facility was designed to provide room for 420 prisoners.

d. Arbitrary Arrest or Detention.--The constitution and the law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.

Role of the Police and Security Apparatus.--The national police
have primary responsibility for national security; in times of
disorder, the prime minister and the president may call upon the
military to provide security. The intelligence service is under the
authority of the prime minister and the president. An independent
oversight board monitors intelligence service performance.
On March 12, the Zagreb County Court sentenced Mladen Slogar to 30
years in prison for the 2008 killing of Ivana Hodak. During the trial
prosecutors claimed Slogar, a homeless man, harbored a personal grudge
against the Hodak family. Hodak was a young lawyer and the daughter of
Zvonimir Hodak, a prominent criminal defense lawyer. Hodak's killing
sparked a public outcry and led to the replacement of the interior and
justice ministers within days.

Arrest Procedure and Treatment While in Detention.--Police obtained
arrest warrants by presenting probable cause to an investigative
magistrate; however, police can make arrests without a warrant if they
believe a suspect might flee, destroy evidence, or commit other crimes.
The police have 24 hours to justify an arrest to a magistrate.
Police must provide those arrested with access to an attorney of
their choice within 24 hours of arrest. The magistrate appoints an
attorney to represent an indigent detainee if the charges carry a
potentially lengthy sentence. The Government generally enforced these
provisions. For organized crime and corruption cases, prosecutors have
the authority to hold suspects for up to 48 hours. In all cases, an
investigative judge must decide within 48 hours of an arrest whether to
extend detention for further investigation. Investigative detention
generally lasts up to 30 days; however, trial courts may extend the
period up to 12 months in certain cases. The law allows six months'
pretrial detention, but a court may extend it to 12 months in certain
cases, primarily war crimes and organized crime cases, at the state
prosecutor's request. The courts may release detainees on their own
recognizance, but most criminal suspects were held in custody until
trial. The option of posting bail after an indictment is available, but
detainees did not commonly exercise the right. Detention centers
allowed visits by family members.
The law provides that state attorneys have primary investigative
responsibilities. The law gives investigative judges the authority to
oversee the legality of investigations and detentions, including
oversight of human rights issues and supervising relations between
prosecutors and defendants. Investigative judges also rule on appeals
regarding detention and on the use of such special investigative
techniques as surveillance, wiretapping, and raids. The law also
provides for a ``supervisor for detention,'' who is responsible for
ensuring the constitutional rights of detainees are not violated.
On April 30, the parliament ratified the Agreement on Execution of
Court Decisions in Criminal Matters with Bosnia and Herzegovina, which
was negotiated in February. The agreement aims to end the effective
impunity resulting from the legal prohibition on extradition of
Croatian nationals. The prohibition potentially allows persons with
dual citizenship who have been convicted in Bosnia and Herzegovina to
reside in the country without fear of extradition. Under the agreement,
the sentencing state may request that the execution of the original
sentence be enforced by the other state. The agreement excludes in
absentia and nonfinal convictions, as well as criminal acts of a
political, military, or fiscal nature. However, the agreement does not
exclude war crimes, crimes against humanity, and genocide.
During the year the country signed new extradition agreements with
Serbia and Montenegro, providing for extradition of each country's
nationals in organized crime and corruption cases. The June amendment
to the Croatian constitution allowing for the extradition of Croatian
nationals to EU-member and other states on a bilateral basis made such
agreements possible. The agreements took effect upon signing, but had
not been formally ratified by parliament before year's end.
On August 24, the country extradited Srecko Kalinic, who held both
Croatian and Serbian citizenship, to Serbia. In 2007 a Serbian court
sentenced Kalinic to 30 years for his involvement in the assassination
of then Serbian prime minister Zoran Djindjic. Kalinic was the first
citizen extradited to a foreign country since Croatia's independence in
1991.

Amnesty.--The law permits amnesty except in cases of war crimes.
During the year prosecutors reviewed all war crimes cases in which
there were indictments or ongoing investigations. For 310 of the 1,284
defendants in these cases, prosecutors either downgraded the charges
from war crimes to armed rebellion, for which amnesty would apply, or
cancelled proceedings for other reasons, such as insufficient evidence.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
judicial independence. The judiciary continued to suffer from a heavy
backlog of cases. In June the Ministry of Justice reported that 778,127
unresolved civil and criminal cases remained before the courts, a
decrease of 10 percent from 2009.

Trial Procedures.--The constitution and law provide for the right
to a public trial, and an independent judiciary generally enforced this
right. The legal system uses panels of judges, which in some cases
included lay judges, rather than juries to hear cases. Defendants have
the right to counsel, to be present at trial, to confront or question
witnesses against them, and to present witnesses and evidence on their
behalf. Defendants have access to evidence relevant to their cases,
enjoy the presumption of innocence, and have the right to appeal.
In January the parliament amended the Law on Legal Aid to simplify
the process of attaining free legal assistance. However,
nongovernmental organizations (NGOs) and international organizations
criticized the law's complex application procedure, strict
requirements, and the Government's failure to properly compensate legal
aid providers for their services, stating that the law seriously limits
the access of vulnerable individuals to free legal aid.
During the year prosecutors continued to review all pending war
crimes cases and in absentia convictions and apply standard measures to
ensure uniform practices without regard to the defendant's national
origin.
The law provides for reopening of war crimes cases tried in
absentia upon the presentation of new evidence by either the defendant
or prosecutor, whether or not the defendant is present in the country.
During the year according to the Office of the Chief State Prosecutor,
prosecutors requested trials be reopened for 94 of the 464 individuals
who had been convicted in absentia, and the courts of original
jurisdiction granted requests on behalf of 67 defendants. On appeal the
Supreme Court approved reopening the cases of an additional 21
defendants.
During the year the OSCE reported that the Supreme Court issued
decisions on appeals in 12 cases concerning 26 individuals (17 ethnic
Croats, eight ethnic Serbs and one Bosnian). Of the 27 appeals, the
court confirmed 11 decisions concerning seven Croats, three Serbs, and
one Bosnian and reversed 12 decisions concerning eight Croats and four
Serbs.
In January the Supreme Court reduced the charges against 12 persons
convicted in February 2009 for their role in the 1991-92 killings in
the village of Miklusevci from ``genocide'' to ``war crimes.'' However,
the court confirmed their sentences, which ranged from four to 12
years' imprisonment for war crimes.
On March 11, the Supreme Court upheld the acquittal of former
Croatian Army commander Rahim Ademi of war crimes and reduced, from
seven years to six, the prison sentence given to former Croatian Army
commander Mirko Norac for war crimes.
On July 30, the Supreme Court upheld the May 2009 war crimes
conviction of Branimir Glavas and five codefendants, but reduced their
sentences. The court reduced Glavas's sentence from 10 years to eight
years. In August a parliamentary committee cancelled Glavas's status as
a member of parliament, retroactive to the date of the final verdict in
his war crimes conviction. On September 29, a court in Bosnia and
Herzegovina upheld the eight-year sentence issued by the Croatian
court, and Glavas was arrested the same day. On December 14, an appeals
court in Bosnia further upheld the sentence. Along with former general
Norac, Glavas was the highest-ranking Croatian ever convicted in a
domestic war crimes trial in the country.
On December 10, police arrested suspected war criminal Tomislav
Mercep in Zagreb. On December 13, an investigative judge opened a
formal investigation and ordered his further detention. During the
early 1990s war in the country, Mercep served as an advisor in the
Ministry of Interior in command of reserve police units in Pakracka
Poljana in Eastern Croatia and in Zagreb. Mercep was charged for
personally ordering the unlawful detention, torture, and killings of
civilians and for failing to prevent illegal activities by his
subordinates.
In January the Government established a special committee to
monitor and suggest improvements to witness and victim support efforts.
Members of the committee come from various ministries, the judiciary,
prosecutors' offices, academia, and NGOs. The Government established a
new Directorate for Probation and Witness and Victim Support in the
Ministry of Justice. In July courts took control of four witness and
victim support offices (Zagreb, Osijek, Vukovar, and Zadar) from the UN
Development Program (UNDP). In July the UNDP and the Ministry of
Justice signed an agreement on a second phase of the program, intended
to facilitate the establishment of witness and victim support programs
in the Split, Rijeka, and Sisak county courts.
Since the constitutions of most Southeast European countries
involved in the 1991-95 conflict prohibit extradition of their
citizens, the country's chief state prosecutor has signed agreements
with counterparts in Montenegro and Serbia to enable the transfer of
evidence in such cases, allowing suspects to be tried where they live
rather than where the alleged crime was committed. During the year the
country transferred evidence in two cases covering six defendants to
Serbia. There were no transfers of evidence to Montenegro.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--In 2009 the European Court
of Human Rights (ECHR) issued 19 judgments involving the country, 16 of
which found at least one violation by the state of the European
Convention on Human Rights. The court found seven violations by the
country of the right to a fair trial, six violations regarding the
length of legal proceedings, three violations each of the right to
respect for privacy and family life and protection of property, two
violations of the right to an effective remedy, and one violation each
of convention provisions concerning the right to life, inhuman or
degrading treatment, lack of effective investigation, and the right not
to be tried or punished twice.
During the year there were 30 decisions on admissibility of cases
involving the country before the ECHR, of which the court found four
partially admissible.
In March the ECHR Grand Chamber ruled the state had violated its
obligations under the European convention in a case involving school
discrimination against 15 Romani children (see section 6).
On December 9, the ECHR ruled the country discriminated against
three Christian religious communities by not affording them some of the
rights that they would be entitled to if they qualified for a special
agreement with the state. Communities with more than 6,000 members or
that existed in the country before 1941 are entitled to state
agreements that provide some funding for salaries and pensions of
religious officials, recognition of marriages conducted within the
faith, and regulation of public school catechisms among other things.
The ECHR ruled that the country should compensate each of the three
communities 9,000 euros ($11,926).

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, although continuing case
backlogs raised concerns about judicial effectiveness and efficiency.
In March the human rights ombudsman reported that his office received
1,655 complaints in 2009 related to administrative and judicial
proceedings, 334 of which dealt with the judiciary. Unlike in previous
years, when the majority of complaints concerned lengthy proceedings,
most of the complaints in 2009 involved verdicts perceived to have been
unjust. The ombudsman noted there was an increase in the number of
groundless complaints during the year.

Property Restitution.--During the year the Government endeavored to
return private properties to their rightful owners. However, the
property law gives precedence to the rights of temporary occupants,
mainly ethnic Croats, over those of the original owners, who were
predominantly ethnic Serbs. In nine cases owners could not repossess
their homes and were waiting for completion of administrative
procedures.
Restitution of property seized during World War II and the
Communist era remained a problem. The law on restitution of and
compensation for property taken during the Communist era permits the
restitution of property only to individuals who were citizens at the
time parliament passed the law. As a result, the law does not apply to
persons who had property expropriated but left the country and became
citizens of other countries. Many claimants subsequently acquired
Croatian citizenship but were blocked by law from filing claims.
Restitution of communal property remained a problem for the Serb
Orthodox Church and the Coordination of Jewish Communities in Croatia,
the umbrella organization representing the main Jewish Community of
Zagreb and smaller communities throughout the country. In addition,
representatives of the Jewish community complained about a Ministry of
Justice decision in March that denied the community the right to the
title for property previously restituted.

a. Freedom of Speech and Press.--The constitution and law generally
provide for freedom of speech and the press; however, growing economic
pressures led journalists to practice self censorship. Direct
government efforts to influence the media were rarely reported except
at the local level.
There were reports that local officials influenced media coverage.
There were also reports of commercial interests using advertising
revenue to influence press coverage and prevent the publication of
negative articles, and that the media in turn threatened to publish
negative stories about businesses to extort money from them.
Journalists reported practicing self-censorship. They expressed the
fear of being singled out for staffing cuts if they were to write
articles critical of advertisers.
The law provides for no less than six months' and no more than five
years' imprisonment for hate speech. Hate speech committed over the
Internet is punishable by six months' to three years' imprisonment.
Individuals may freely criticize the Government publicly or
privately without reprisal.
A wide range of private newspapers and magazines was published
without government interference. Media ownership was not fully
transparent, enabling political or other interests to conceal their
influence on media outlets.
The law regulates the national television and radio networks
separately from other electronic media. Independent television and
radio stations operated in the country, and two of the four national
television channels were private and independent. There were no reports
of the Government influencing them with advertising revenue.
Local governments partly or fully owned approximately 70 percent of
the local media, making local broadcast media particularly vulnerable
to political pressure. Approximately 46 percent of local radio stations
depended on the financial support of local authorities.
On August 5, a group of neo-fascists attacked a Croatian Television
(HRT) crew at the annual celebration in Cavoglave, Dalmatia of the 1995
military operation that defeated separatist ethnic Serb forces in the
country. The Croatian Journalists Association released a statement the
following day criticizing the police reaction for being slow and
unresponsive. Following broadcast of HRT footage of the attack, police
identified several of the alleged attackers and filed criminal charges
against one of them and misdemeanor charges against several others. As
of year's end, the individual who was criminally charged was still
awaiting a court hearing.
On December 22, authorities arrested four persons suspected in the
June 2008 beating of investigative journalist Dusan Miljus. The four
were arrested as part of a wider sting operation aimed against
organized crime. One has been charged with the attack on Miljus and was
awaiting a court hearing.
The trial of Joca Amsterdam for the 2008 killing of Ivo Pukanic, a
publisher and co-owner of the NCL Media Group, began in April. The
trial was held in Serbia because of Serbian government restrictions on
the extradition of its nationals. The trial continued at year's end. On
November 3, six accomplices on trial in the country were convicted on
charges of aiding, abetting, and committing murder. Their sentences
ranged from 15 to 40 years' imprisonment.
On December 20, the Split Municipal Court, on appeal, sentenced
former Makarska municipal court judge Predrag Trutin, to six months in
prison for the 2006 beating of Andjelko Erceg, the editor in chief of
the local weekly Makarska Kronika. This appeal followed a March local
court ruling in which Trutin was acquitted of the charges.
There was intense public debate after the Serbian minority
newspaper Novosti published in its October 8 weekly edition a
controversial cover for a story regarding the September 23 crash of two
Croatian MiG-21 fighter planes in the central part of the country
during training. The headline, ``Both of them, both are down,'' was an
echo of a famous phrase spoken by a Croatian soldier in 1991 during the
war with Serbia after Croatian forces shot down two Yugoslav fighter
jets. Minister of Defense Branko Vukelic strongly condemned the cover
as ``an insult to all Croatian veterans and well-meaning citizens of
the Republic of Croatia.'' Following his statement Novosti received
threatening phone calls. President Josipovic condemned the threats but
also stated that he did not like the cover and thought the publisher
should reconsider its editorial policy. Media reports questioned
whether Vukelic and Josipovic's statements undercut freedom of
expression. As a minority paper, Novosti receives some government
financing. Over a month later, the board of Novosti replaced the
editor-in-chief.
Libel is a criminal offense. During the year there were no reports
of politically motivated libel cases. A large number of libel cases
from previous years remained unresolved due to judicial backlogs.
Courts may fine, but not imprison, persons convicted of slander and
libel.

Internet Freedom.--There were no government restrictions on access
to the Internet or reports the Government monitored e-mail or Internet
chat rooms. In general individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
Internet access was widely available and used by citizens throughout
the country. During the year there were no reports that the Government
collected, requested, or obtained the personally identifiable
information of persons in connection with peaceful expression of
political, religious, or ideological opinion or belief. An estimated 51
percent of the country's inhabitants used the Internet.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
and the Government generally respected this right in practice.

Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right in practice; however, the law gives the Ministry of Justice
authority over the establishment and internal governance of
foundations. While authorities applied the law equally to all
organizations, the law itself was seen by observers as restrictive and
controlling. For example, the law provides that organizations may not
register if their statutory goals are deemed trivial or if their
property is not deemed sufficient to carry out their statutory
activities. The law also permits the Government to influence the
appointment of an organization's management body.
On July 10, police arrested and detained an estimated 140 persons
who were reportedly peacefully protesting the destruction of a historic
part of Zagreb to construct an entrance ramp for a shopping center. The
international NGO Amnesty International (AI) stated that the arrests
and detentions were an unnecessary restriction of the right to freedom
of peaceful assembly. AI called on the authorities to guarantee the
right of freedom of assembly.

c. Freedom of Religion.--For a complete description of religious
freedom, see the 2010 International Religious Freedom Report at
www.state.gov/g/drl//irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.
Refugees returning to the country as citizens of another former
Yugoslav republic, rather than as Croatian citizens, encountered
obstacles obtaining permanent residency status. The law permits former
habitual residents who returned and applied by June 2005 to be
reinstated to their prewar status as habitual residents without further
requirements, and they could subsequently apply for citizenship.
However, the Government did not consistently apply this provision,
resulting in uncertainty and delaying the integration of returnees. The
law exempts refugees from the republics of the former Yugoslavia from
the rigid citizenship requirements of the previous law. However, the
UNHCR criticized the Government's implementation of the law and
maintained that returning refugees faced undue hardship and delay in
obtaining citizenship. NGOs reported positive feedback concerning the
law from returnees who were able to acquire citizenship.
The Government took steps to recognize or ``convalidate'' legal and
administrative documents issued by entities not under the country's
control during the 1991-95 conflict. In November the Government
reported receiving an estimated 23,000 applications for
``convalidation'' and issuing decisions in approximately 89 percent of
the cases. The Government approved documents in approximately 56
percent of the cases that it decided during the year, rejecting 44
percent of the applications for convalidation. International observers
noted there were wide discrepancies between regional offices with
average approval rates varying by as much as 50 percent, bringing into
question the equity of the approval system. The Government stated the
discrepancy was due to the lack of documentation in some regions and
took steps during the year to obtain this documentation, with limited
success.
As of September the UNHCR had registered the return of 389,185
refugees and internally displaced persons (IDPs), of which 132,707 were
minority Serbs. The total included 302 persons who returned in the
first nine months of the year. The UNHCR reported that 54 percent of
total returns were sustainable, while the remainder were either one-
time or ``commuter'' returns. International organizations listed the
poor state of the regional economy, lack of employment, and delays in
access to permanent housing for the former tenants of socially owned
apartments as the main obstacles to return. In addition, many refugees
chose to settle in their countries of refuge.
Repossession by Serbs of housing that once belonged to them was
almost complete. There were instances in which persons were discovered
attempting to use the courts to recover alleged investments made while
illegally occupying the property, and 19 such cases were pending in the
courts. The Government remained reluctant to offer settlements before
the cases reached a court.
During the year the Government program to resolve the claims of
persons, mainly ethnic Serbs, who held tenancy rights in socially owned
apartments prior to the war, but who lost these rights during or just
after the war, continued slowly. As of November individuals submitted
14,006 claims for government-provided housing under the program, 4,590
of which were in urban areas. According to the UNHCR, from 1995 through
the end of November, the Government allocated 6,538 housing units,
mainly in war-affected areas. During the year the Ministry of Regional
Development, Forestry, and Water Management delivered 798 housing units
to returnees, approximately 38.5 percent of its 2009 target of 2,070
housing units.
On June 22, the European Committee of Social Rights found that the
question of restitution or compensation of occupancy and tenancy rights
does not fall within the scope of Article 16 of the European Social
charter (the right of the family to social, legal, and economic
protection, which includes housing) and that the country does not have
an obligation to restitute or compensate for loss of dwelling former
occupants or tenants who do not return to the country. At the same time
the European Committee of Social Rights found the country to be in
violation of two other areas covered by the same article: failure to
implement the housing program within a reasonable timeframe and failure
to take into account the heightened vulnerabilities of many displaced
families and of ethnic Serb families in particular.
In response to a March 2009 decision by the UN Human Rights
Committee against the country regarding the lost occupancy and tenancy
rights of a former refugee who fled the country during the 1990s Balkan
wars, the Government offered an apartment as compensation. The returnee
turned down this offer and one other due to the size and location of
the apartments; the Government subsequently offered him a third
apartment.

Internally Displaced Persons (IDPs).--Authorities took an
inconsistent approach in their treatment of minority IDPs. As of
September 2, there were 146 IDPs registered with the Government; of
these 1,638 were ethnic Serbs. Since this number has not changed since
2008, the UNHCR questioned the accuracy of government figures. The
Serbs were either waiting to be recognized as integrated in their
current places of displacement or to receive reconstruction assistance
from the state.
The Government allowed free access to all displaced persons by
domestic and international humanitarian organizations and permitted
them to provide assistance.

Protection of Refugees.--The country's laws provide for granting
asylum or refugee status, and the Government has a system to provide
protection for refugees. Persons seeking protection generally
considered the country a place of transit, and a significant number of
asylum seekers left the country before the courts decided their claims.
International observers criticized the Government for delays in making
initial decisions for asylum seekers.
In law and practice the country provided effective protection
against the expulsion or return of refugees to countries where their
lives or freedom would be threatened on account of their race,
religion, nationality, membership in a particular social group, or
political opinion.
The Government reported 182 persons applied for asylum through
November of this year; of these, five persons were granted refugee
status, and eight received subsidiary protection (protection granted to
an applicant whose situation is not covered by the 1951 Convention
relating to the Status of Refugees). There was a reception center for
asylum seekers in Kutina, near Zagreb.
On July 2, the parliament amended the law on asylum, a necessary
step in the country's EU accession bid. The amendments extended the
length of subsidiary protection from one year to three and extended the
right to accommodation for persons granted protection from one year to
two. The law expanded access of persons granted protection to public
health care, education, and employment. The law also expanded the role
of the appeals commission, making it more independent; the commission
is scheduled to be replaced in 2012 by an administrative court that
oversees asylum appeals. The UNHCR closely followed cases of
individuals whom the Government deported or whom authorities returned
to their country of origin.
There were no reports of persons requesting temporary protection
during the year.

Stateless Persons.--Citizenship is derived by birth in the
country's territory or from one of the parents. According to UNHCR
statistics, there were 237 stateless persons in the country as of the
end of 2009. However, according to the UNHCR and Roma NGO estimates,
there were 1,000 stateless Roma in the country and an additional 2,000
of unidentified citizenship. Most stateless Roma were from other areas
of the former Yugoslavia and had difficulty providing documents needed
to register as Croatian citizens. Stateless Roma had problems accessing
state services. In October 2009 the UNHCR, supported by EU funding,
entered into a joint project with the human rights ombudsman's office
that sought to regularize the legal status of Roma in the country.
During the year 242 people were assisted either with civil registration
or access to basic rights. One person obtained citizenship through the
help of the program.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens exercised this right in
practice through periodic, free, and fair elections on the basis of
universal suffrage.

Elections and Political Participation.--Political parties could
operate without restriction or outside interference.
In presidential runoff elections held on January 10, Ivo Josipovic,
candidate of the center-left Social Democratic Party (SDP), defeated
Milan Bandic, the independent mayor of Zagreb, to become the country's
third president. While noting progress in the work of most institutions
involved, Citizens Organized to Observe Elections (GONG), the country's
leading election-monitoring NGO, observed that the electoral process
had not been fully transparent, primarily due to inadequate regulation
of campaign financing and outdated lists of out-of-country voters.
In June the parliament fixed the number of representatives elected
by the estimated 400,000 registered voters living abroad to three, thus
changing the previously stipulated nonfixed quota, which had typically
resulted in four to six ``diaspora'' representatives. This number was a
result of a political compromise between the governing party and the
main opposition party. The opposition party wanted the diaspora to have
less influence in elections.
There were 39 women in the 153-seat parliament. There were two
women in the 19-seat cabinet, including the prime minister. There were
five women among the 13 Constitutional Court justices, including the
president of the court, and 19 women among the 40 Supreme Court
justices.
Ethnic minority groups including Serbs, Bosniaks, Czechs, Slovaks,
Italians, Hungarians, Jews, Germans, Austrians, Ruthenians, Ukrainians,
Slovenes, Montenegrins, Macedonians, Russians, Bulgarians, Poles, Roma,
Romanians, Turks, Vlachs, and Albanians are guaranteed a minimum of
eight representatives in the parliament. In June the parliament adopted
amendments to the Constitutional Law on National Minorities that would
allow members of the ethnic Serb minority, the largest in the country,
to vote only in the general elections although the minority is
guaranteed a minimum of three parliamentary representatives. These new
provisions allow ethnic Serb parties to win a possible fourth seat in
the parliament, although implementation will require changes to the
Election Law. Voters from smaller minority ethnic groups have the right
to vote both for a representative in the general elections as well as
for a minority representative. Previously all members of minority
groups had to choose either to vote in the general parliamentary
elections or to vote for one of the minority representative seats.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not always implement the laws effectively,
and corruption remained a serious problem.
Corruption cases in the country involved nearly all segments of
society, the economy, and government, with a nexus of institutions--
primarily in health care, university faculties, the judiciary, and
public-sector and commercial enterprises--often at the center of
corruption cases.
During the year the Office for Suppression of Corruption and
Organized Crime (USKOK) reported that 137 persons were indicted for
corruption compared with 160 from the previous year and concluded
several cases against high-profile government officials, university
professors, judges, public servants, and other professionals.
On December 10, former prime minister Ivo Sanader was arrested in
Austria based on an international arrest warrant issued after
parliament on December 9 stripped his immunity from detention at the
state prosecutor's request. Following parliament's decision, a Croatian
judge ordered Sanaders arrest and 30 days of pretrial detention to
facilitate the state prosecutor's investigation of Sanader for possible
corruption. Sanader was awaiting extradition at year's end. No formal
indictment was issued, as investigations continued.
On December 6, a Zagreb court found former minister of defense and
current member of parliament Berislav Roncevic and his former
assistant, Ivo Bacic, guilty of abuse of authority and position for
alleged misuse of funds in a 2004 deal to buy 39 trucks for the
Ministry of Defense. Roncevic was sentenced to four years in prison and
Bacic to two years. They were also ordered to pay 10.2 million kunas
($1.8 million) in damages to the state budget.
On October 16, Damir Polancec, former deputy prime minister and
minister of the economy, was sentenced to 15 months in prison for
corruption related to the commissioning of an unnecessary study while
he was minister of the economy. On October 19, he pled guilty to a
separate charge of abuse of office relating to the installation of
lighting for a soccer stadium in his home town. He received a one year
suspended sentence for this charge and will serve no time if he does
not commit another crime in the next four years. There were two other
corruption cases pending against Polancec at year's end. The first
involved Polancec and members of the former management board of
Croatian food manufacturer Podravka and focused on Polancec's and the
board's role in official corruption between 2007 and 2009.The second
case centered on potential illegal activities involving the country's
power company HEP while Polancec was deputy prime minister from 2005 to
2009. Authorities alleged that Polancec helped a Sibenik-based light
metal factory defraud HEP of approximately 600 million kunas ($107
million). Both of these investigations against Polancec continued at
year's end.
On September 29, authorities arrested Mladen Barisic, Chief of the
Customs Administration, in connection with allegedly fake tenders
amounting to a reported 40 million kunas ($7.1 million). An
investigation continued at year's end.
During the year the Supreme Court ruled on appeals related to the
multiyear USKOK anticorruption operation and subsequent trials
codenamed ``Maestro.'' On February 17, the court upheld the May 2009
corruption conviction and sentencing to 11 years in prison of Josip
Matanovic, a former vice president of the Croatian Privatization Fund.
The court also upheld one defendant's sentence of three years'
imprisonment and ordered a retrial for several defendants who were
convicted in the original May 2009 trial. On May 25, the court ordered
a retrial of two individuals acquitted in a March 2009 trial involving
corruption in the Privatization Fund. This trial continued at year's
end.
On February 1, the Zagreb County Court convicted 19 of 21
defendants of abuse of office, bribes, and brokering illegal deals in
connection with the ``Index III'' corruption case at the University of
Zagreb School of Economics. Five defendants, including all of those
convicted of taking bribes, received sentences of from 14 to 30 months
in prison. Among those sentenced to prison was the highest-profile
defendant, economics professor Desa Mlikotin Tomic, who resigned as
chair of the parliament's Committee for the Prevention of Conflict of
Interest following the initial police raids at the Economics Faculty in
2008. All students accused in the case received suspended sentences,
while several professors were prohibited from serving in academic
positions for two to five years. At year's end, an appeal was pending
in the Supreme Court.
Appeals of two cases decided in 2009 dealing with corruption at the
Transportation Faculty at the University of Zagreb, ``Index I'' and
``Index II,'' were pending at the Supreme Court.
On March 17, the Ministry of Justice sent a request to authorities
in Bosnia and Herzegovina for the detention and imprisonment of Ognjen
Simic, based on the agreement reached in February between Bosnia and
Herzegovina and Croatia that provides for persons convicted in one
country to be imprisoned in the other, should they flee there. Simic, a
heart surgeon, fled to Bosnia and Herzegovina in 2008 at the conclusion
of his corruption trial. In June a court in Bosnia and Herzegovina,
which was deciding on Simic's detention under the agreement, reduced
his sentence to two-and-a-half years from the five years imposed under
the Croatian Supreme Court's final verdict in 2009. On December 1, the
same court upheld this reduced sentence in a retrial after the Supreme
Court of the Federation of Bosnia and Herzegovina threw out the June
verdict.
During the year the Government gave special attention to the legal
and institutional framework used to combat corruption, including
investigations, prosecution, and interagency and international
cooperation. The Government worked closely with civil society and the
private sector to promote the rule of law in society.
The law requires public officials to declare their assets. Most
government officials complied, although there were questions as to the
thoroughness and effectiveness of the system and imprecision as to the
types of assets covered.
Within the Government, the public prosecutor's and police's Offices
for Suppression of Corruption and Organized Crime (USKOK and PN-USKOK,
respectively) were the main law enforcement bodies responsible for
fighting corruption. Specialized panels of judges at the four largest
courts in the country heard organized crime and corruption cases. The
Ministry of Justice's Anticorruption Sector monitored the
implementation of anticorruption measures throughout the Government.
The law provides the right of public access to government
information; however, NGOs complained that the Government did not
implement the law efficiently or effectively.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were often cooperative and responsive to their views.
The Government cooperated with the International Tribunal for the
former Yugoslavia (ICTY), based in The Hague. On June 18, ICTY Chief
Prosecutor Serge Brammertz stated during his semiannual presentation to
the UN Security Council that the country had been ``generally
responsive to the needs of the Office of the Prosecutor (OTP)'' in the
first half of the year but that ``the issue of the missing important
documents related to Operation Storm in 1995 remains outstanding.'' On
July 26, the ICTY Trial Chamber rejected the prosecution's motion for
an order compelling the country to turn over missing documents in the
Gotovina case after more than two years of litigation. Judge Orie wrote
that ``the Croatian government in recent years has taken a proactive
approach and made substantial efforts to intensify the search for the
documents.'' The Trial Chamber stated that the OTP would be able to
renew an application for these documents ``if new circumstances
arise.''
In his next written report delivered to the UNSC in November, the
chief prosecutor noted that the task force, established by the
country's government to investigate the fate of the missing military
documents sought by the OTP, had begun to explore important new avenues
in the investigation, in line with previous OTP recommendations. The
prosecutor acknowledged the commitment of the Government to resolve the
inconsistencies contained in previous task force reports, urging the
authorities to continue the investigation and account for the missing
military documents.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on gender, age, race,
disability, language, or social status; and the Government generally
enforced these prohibitions.

Women.--Rape, including spousal rape, is a crime punishable by one
to 10 years' imprisonment; however, according to NGOs many women did
not report rape or spousal rape. The law provides longer sentences for
sexual violence against persons with disabilities. In cases of rape
under aggravated circumstances resulting in death or pregnancy, or if
the victim is a minor, sentences may be between three and 15 years. Due
to social pressure and stigmatization, rape and sexual violence were
underreported. NGOs criticized the Government for allowing only police
and not hospitals to have rape kits, resulting in victims having to be
examined twice. The availability of victim assistance services, such as
rape crisis centers, varied widely from community to community.
In the first 11 months of the year, 75 rapes and 20 attempted rapes
were reported to police. NGO officials estimated that for every
reported rape, there were 15 unreported cases; on average, 100 to 140
cases of sexual violence and rape were reported annually. The NGO
Women's Room stated that women frequently did not report rape and
spousal rape because they lacked information about available legal
protections, felt ashamed, feared reprisal, or, in cases of spousal
rape, were concerned about economic consequences. Victims also were
reluctant to report rape, particularly spousal rape, because it was
difficult to prove in court and because medical staff, police, and
judicial officials were not trained to treat victims. Women's NGOs
asserted that sentences for spousal rape tended to be lenient.
Violence against women, including spousal abuse, remained a
problem. Through August, 16 women and two minor girls were killed as a
result of domestic violence, including Mirela Srsic-Smith, a local
Croatian Television (HRT) news reporter in September. Her death
followed the August killing of a woman by her husband in front of a
safe house for victims of domestic violence. The killings received
widespread media attention and immediate calls for government action.
The law provides that persons other than the victim, including
police, may initiate a complaint of domestic violence, which is treated
as a misdemeanor, but could be deemed a criminal offense depending on
the severity of the act. Penalties range from fines of 1,000 to 50,000
kunas ($180 to $9,000) or up to 90 days in prison for misdemeanor
offenses. Under the law, perpetrators may face up to five years in
prison for the same acts if they are treated as a criminal offense.
Police officials tended to classify domestic violence against women as
misdemeanors, resulting in minimal sentences, particularly in cases of
spousal rape. Police officers in most urban areas were trained to
handle family violence and provide quick intervention, secure victims'
safety, and remove perpetrators from families; in rural areas, police
officers were generally less well trained in handling such cases.
According to a survey published on November 23 by the NGO Women's
Room and the Government's Gender Equality Office, the majority of
female victims of domestic violence criticized the police, courts, and
centers for social care as insufficiently helpful. The police, courts,
and centers for social care cited a heavy workload and lack of training
and space as the main obstacles to assisting victims.
On November 8, the Ministry of Interior and the UNDP launched a
``Living Life Free of Violence'' campaign with the goal of raising
public awareness of domestic violence and encouraging citizens to
report domestic violence. The campaign included video statements by
President Josipovic and other government officials as well as the
country's most famous sports and entertainment celebrities. The videos
were screened throughout the country's schools and placed on social
networking Web sites. As part of the campaign, 52,000 students and
4,000 parents attended 1,300 lectures organized in schools throughout
the country.
On November 29, the ministries of interior, health, justice,
education, family, and administration signed an agreement to improve
cooperation to fight more effectively against domestic violence.
Support for victims of domestic violence was limited. In general
private donations financed most services. NGOs and local governments
operated 18 shelters, all but three of which were permanent. The
central government in conjunction with county, city, and civic
organizations financed shelters and counseling centers for victims of
domestic violence. The ombudsman for human rights reported that 2.5
million kunas ($450,000) were paid during the year to NGOs running
shelters for victims of domestic violence. Hotlines, counseling, and
legal assistance were available to domestic violence victims.
The law prohibits sexual harassment in the workplace; however, it
remained a problem. According to trade unions, the problem was most
pronounced in the textile, leather, trade, and catering industries. The
ombudsman for gender equality and unions reported that her office
worked on sexual harassment cases, although many women were reluctant
to take action for fear of reprisal. On March 3, a court handed down
the country's first conviction for sexual harassment at a workplace,
sentencing one defendant to six months in prison for making sexual
comments over a three-year period. A second defendant was given a four-
month suspended sentence for harassing a female employee. Local union
representatives believed the verdict would set an important precedent.
The Government generally respected the right of couples and
individuals to decide freely and responsibly the number, spacing, and
timing of their children. Citizens generally had the information and
means to do so free from discrimination, coercion, or violence.
However, only couples of the opposite sex can receive artificial
insemination. Individuals and same-sex couples are prohibited. There
was no recent data on the percentage of the population with access to
contraception, although condoms were widely available, and oral
contraception was available with a prescription. According to a
Croatian Bureau of Public Health July report, the maternal mortality
rate in 2009 was 13.46 deaths per 100,000 live births, an increase from
6.86 in 2008. Access to maternal health services was generally good,
although 5 percent of new mothers in 2009 reportedly had little or no
prenatal care. However, according to the World Health Organization's
World Health Statistics 2010, 100 percent of births in the country were
attended by skilled health professionals.
According to the UNDP, the number of women reported to have HIV
infections was significantly lower than that of men, but women and men
were diagnosed and treated equally. However, women living in rural
areas and working out of the home were believed to be less aware of the
need and location for testing as their male counterparts. Men and women
were equally diagnosed and treated for sexually transmitted infections.
Women generally held lower paying positions in the work force. In
June the Croatian Statistics Bureau released its annual report Women
and Men in Croatia. The report noted that women earned less than men in
most sectors, both private and public. On average women earned 12
percent less than men. Women were also more likely to be unemployed.
These disparities were present despite the fact that women generally
achieved a higher level of education than men. On March 11, the
Government presented its 2010-13 strategy for the development of female
enterprise, aimed at increasing the number of women launching
businesses. Prime Minister Kosor said that the goal was to increase the
ratio of female beneficiaries of enterprise stimulation programs from
the current 16 percent to at least 40 percent over the next years.
The Office for Gender Equality was responsible for implementing the
law on gender equality that came into effect in 2008 and formulating
the Government's gender policy; the ombudsman for gender equality
monitored implementation of the law, including the submission of
mandatory action plans for state institutions and public companies. In
May the ombudsman for gender equality issued her annual report, which
noted that women were underrepresented in the management structure of
public companies and at state secretary positions in the state
administration. The ombudswoman noted that almost 89 percent of persons
on management boards were men.
The law provides for quotas to secure increased political
representation for women. It requires that women make up at least 40
percent of the voting list for each political party by the third round
of local and national elections as well as in elections for seats in
the European Parliament. Political parties, state bodies, local
authorities, employers, and the media can be fined for violating the
law. Local NGOs criticized the law on the grounds that the fines were
too small to be a deterrent and that the Government rarely enforced
previous laws with quotas.
On May 7, at a round-table event on gender equality in the media,
the ombudsman for gender equality noted that women were generally
underrepresented in the country's media. She noted that the media
mentioned women mainly in the context of scandals and entertainment
rather than the economy and politics. On June 30, the Office for Gender
Equality provided 180,000 kunas ($32,000) in support of several NGO
projects aimed at the suppression of gender stereotypes in printed and
audiovisual media.

Children.--Citizenship is derived by birth in the country's
territory or from one of the parents. Authorities register all births
at the time of birth within the country or upon registration for births
abroad. There were few reports that failure to register births resulted
in denial of public services, including education and health care for
children.
Igor Lakic, Adviser for Human Rights at the Ombudsman's Office who
cooperated with the UNHCR on their project related to Roma status
issues, explained that registration of births was not a problem; rather
children's problems were related to a lack of citizenship and the
inability to access rights derived from citizenship. Many Romani
parents, particularly in settlements close to the Serbian and Bosnian
and Herzegovinian borders, including Slavonski Brod and Beli Manastir,
were citizens of another former Yugoslav republic, and the process to
acquire Croatian citizenship often took years. Such parents and their
foreign-born children, therefore, had no rights to free health care or
social assistance (although they generally did not face problems in
enrolling in schools). Although statistics were unavailable, the scope
of the problem was believed to be widespread.
While education is free and compulsory through grade eight, Romani
children faced serious obstacles in continuing their education,
including discrimination in schools and a lack of family support. The
number of Romani children enrolled in preschool education for the 2009-
10 school year was 588, a slight decrease from 595 in 2008. According
to the Ministry of Science, Education, and Sports, the number of new
Romani students increased to 4,186 from 3,940 in 2009.
The reimbursement of kindergarten fees to Romani parents,
introduced in the previous year, was expanded to include preschool
education. The payments made for the current academic year totaled
508,000 kunas ($91,000) for 660 children in 49 schools and
kindergartens. The Government distributed more than 350 scholarships to
Romani students in high school, an increase of 50 compared with the
previous school year. The number of Romani students receiving
scholarships for university-level studies increased to 26 from 20 in
the previous school year.
In March the ECHR Grand Chamber ruled that the state had
discriminated against 15 Romani students from Medjimurje who were
placed in separate Roma-only classes. The ECHR ordered the Government
to pay 4,500 euros ($5,963) to each pupil and 10,000 euros ($13,251) in
court expenses. The ruling superseded the July 2009 ECHR ruling that
rejected the complaint of discrimination and found the schools
separated Roma children only until their language skills improved
sufficiently so as to join a regular classroom.
On July 15, the parliament amended the Law on Primary and Secondary
Education to provide additional language classes to children who do not
speak Croatian.
Child abuse, including sexual abuse, was a problem.
The ombudsman for children reported 1,930 new complaints of
individual violations of children's rights through December. The office
has seen annual increases in the number of complaints, due in part to
the greater visibility and presence of the ombudsman. The office
continued its campaign, launched in 2008 in cooperation with the
Council of Europe, to prevent corporal punishment. The campaign
targeted families, schools, children's homes, and penitentiaries.
During the year the ombudsman also led a campaign focused on the rights
of children from families of divorced parents and lobbied for faster
rulings by family courts on issues affecting the lives of these
children. In December an 18-month EU-funded program to curb the sexual
exploitation and abuse of children began. The 800,000 euro ($1.06
million) project included extensive training for police officers on
investigation techniques, questioning methods, prevention of secondary
victimization of children who had been subjected to sexual abuse, and
capacity building at social care centers to better assist victims.
During the year the Government established an additional four
family centers, bringing the total number to 17. The county-level
centers are a community resource where families could seek the advice
of experts including lawyers, psychologists, and social workers.
While statistics were unavailable, child marriage was believed to
be a problem in the Romani community. Common law marriages between
persons 16 years of age and older were customary, often prompted by
pregnancies. These marriages were in some cases made official when
partners reached adulthood.
Statutory rape is included in the penal code, with the minimum age
for consensual sex set at 14 years. Penalties for statutory rape range
between one and eight years, but in aggravated circumstances, such as
rape resulting in pregnancy or repeated sexual acts, the penalties
range from five to 40 years. Filming or photographing children for
pornographic material can be punished with a sentence of between one
and five years of prison, while exposure of children to pornography may
result in fines or a sentence of up to one year in prison.
In February the Office of the Chief State Prosecutor provided the
following data on sexual acts committed against minors and children for
the year 2009, the last year for which data was available. In 2009 the
Office of Chief State Prosecutor received 60 reports of sexual
intercourse with minors and children and won 28 convictions for the
crime. Prosecutors also had 136 reports and 52 convictions for lewd
behavior involving a child or a minor, 11 reports and five convictions
of abusing children for pornography, and 29 reported cases of child
pornography on the Internet with 14 convictions for crimes committed
earlier.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--The country's Jewish community numbered
approximately 2,300. Anti-Semitic vandalism and acts with anti-Semitic
overtones were reported during the year.
On August 14, a photograph was placed on the social networking Web
site Facebook of a male making a Nazi salute and a female wearing a
Hitler mask; the photograph was taken in front of the of the Jewish
community building in Osijek. The suspected perpetrators were
identified, but authorities could not provide information about further
legal action.
On November 17, anti-Semitic graffiti appeared near the site of a
planned golf course in Dubrovnik. There has been public opposition to
the building of the course. The director of the company in charge of
the course said the act was a ``gross provocation against the
investors, most of whom are Israeli citizens and Jews.'' The mayor of
Dubrovnik condemned the act and called on police to find the
perpetrators.
On April 27, unknown persons damaged 12 tombstones at the Jewish
cemetery in Osijek. The head of the Jewish community in Osijek
attributed the act to young delinquents. Prime Minister Jadranka Kosor
condemned the act and called for an urgent investigation, which
continued at yearend.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, and in the provision of other state services; however,
discrimination occurred.
The Government maintained 10 counseling centers offering assistance
to persons with physical, sensory, intellectual, and mental
disabilities and their families. A total of 943 persons with
disabilities were employed during the year, while there were 6,207
disabled persons who were unemployed. An estimated 68 percent of
unemployed persons with disabilities were unemployed for more than a
year.
In a report covering the second half of 2009, the ombudsman for
disabilities noted the majority of complaints received by her office
involved welfare and pension payments, followed by complaints involving
accessibility and legal matters. The office actively cooperated with
NGOs dealing with persons with disabilities.
During the year there were several legal changes affecting the
lives of persons with disabilities. On June 16, the constitution was
changed to remove the word ``invalid'' and replace it with ``persons
with disabilities.'' In July a new law on checks and bonds was passed
that allows blind persons to sign their own checks without a lengthy
bureaucratic procedure, as had previously been the case.
During the year the ombudsman criticized a new law on public roads
that limited free-of-charge use of the highway for persons with
disabilities; under the previous law, the definition of disability was
broadly construed, resulting in overuse of the benefit. While intended
to correct the overuse, the tougher standards of the new law, according
to some observers, disadvantaged many who should have benefited from
the provision.
The number of persons with mental disabilities in institutions did
not decrease, despite some efforts to develop community-based
alternatives to institutionalization. On September 23, Human Rights
Watch released a report criticizing the country for doing little to
deinstitutionalize persons with intellectual or mental disabilities.
According to the report, more than 4,000 persons with mental
disabilities and 5,000 persons with intellectual disabilities remained
in institutions, while only 16 from the former group and 250 from the
latter moved to alternative community living programs allowing for a
better quality of life. The law provides that unemployed parents of
children with disabilities be granted 2,200 kunas ($390) in monthly
compensation. The law also provides compensation to foster-care
families.
The law mandates access to buildings for persons with disabilities;
however, the Government did not always enforce this provision, and the
law did not mandate that existing facilities be retrofitted. As a
result, access to public facilities for persons with disabilities
remained limited.

National/Racial/Ethnic Minorities.--While constitutional
protections against discrimination applied to all minorities, open
discrimination and harassment continued against ethnic Serbs and Roma.
Incidents, including looting, physical threats, verbal abuse, and
spraying graffiti on Serb property, continued in the Dalmatian
hinterland and the central part of the country.
On April 23, a wooden cross marking the gravesite of nine ethnic
Serb civilians killed during the Balkan wars of the 1990s was toppled
in Varivode in the coastal interior of the country. Prime Minister
Kosor criticized the vandalism, and authorities arrested one person. On
October 5, President Josipovic inaugurated a new monument to the
victims of Varivode and stated that those who had committed war crimes
should be punished.
On July 9, in the coastal city of Split, a sign reading ``Serbs
should hang--never forget, never forgive,'' appeared on an overpass.
The Davis Cup tennis tournament was taking place at the time, and
Serbia and Croatia were scheduled to compete against each other. The
sign was removed after an hour, although police did not identify
perpetrators.
On August 15, a number of vehicles owned by ethnic Croats were
vandalized with pro-Serb graffiti (four 'S' letters symbolizing greater
Serbia) in the majority Croatian village of Aljmas in the eastern part
of the country. The vandalism occurred during a Catholic mass
celebrating the Assumption of Mary. No suspects were identified.
In May 2008 authorities indicted one of the eight persons arrested
for the 2008 abuse of the local Serb population in the village of
Bukovic. At year's end his trial was pending. The seven others accused
were minors, and information about the proceedings against them was
confidential.
On October 27, a Knin court sentenced two men who had broken into a
Serb returnee house and physically assaulted the owner in July 2009 to
five months in prison and two years' probation.
At year's end the trial of three persons indicted in July 2009 for
smashing the windows and slashing the tires of a car with Serbian
plates in front of the Hotel Plat in Dubrovnik had not begun.
On January 25, the venue for the appeals of two young men arrested
for verbally and physically abusing two Serb returnees in 2007 and
attempting to set fire to their home was changed from Pozega to
Slavonski Brod county court. In 2009 the two perpetrators were
sentenced to two years in prison with parole, but the prosecution
appealed the sentence. A decision on the appeal was pending at year's
end.
Discrimination continued against ethnic Serbs in several areas,
including the administration of justice, employment, and housing.
Ethnic Serbs in war-affected regions were subject to societal
harassment and discrimination. Local authorities sometimes refused to
hire qualified Serbs even when no Croats applied for a position.
The law provides for proportional minority employment in the public
sector in areas where a minority constitutes at least 15 percent of the
population; however, the Government for the most part did not observe
the law in practice. Ethnic Serbs, the largest minority, were most
affected by the slow implementation of the law. In May the Serbian
National Council, an elected self-governing body representing Croatia's
ethnic Serbs, issued a survey showing that the number of Serbs employed
in state administration and justice has been slowly declining since
2008. The council was most concerned with discrepancies in areas with
high rates of ethnic-Serb refugee returnees. They cited the example of
Lika-Senj County, where ethnic Serbs made up more than 11 percent of
the population but only 0.5 percent of the police force. NGOs
representing the ethnic Serb minority also complained about the lack of
credible data on minority employment in state ministries.
The National Minority Council received approximately 41.3 million
kunas ($7.4 million) for minority associations' cultural programs
during the year.
Societal violence, harassment, and discrimination against Roma
continued to be a problem. While only 9,463 persons declared themselves
to be Roma in the 2001 census, officials and NGOs estimated that the
Romani population was between 30,000 and 40,000.
On March 25, three off-duty police officers severely beat a 20-
year-old Roma at a gas station in Karlovac. The victim suffered
multiple bone fractures on his head and was hospitalized. Initially
police filed charges against the victim and another Romani person for
attacking police officers and disturbing public order. Subsequently,
and following critical media reports, the three officers involved were
suspended, and criminal charges were brought against them. An
additional three officers were suspended for misreporting facts. In
June prosecutors in Karlovac indicted one police officer for causing
heavy bodily injury to the victim. The case is pending at the Karlovac
Municipal Court, and a hearing had not been scheduled at year's end.
On September 5, approximately 100 ethnic Serbs and Croats from the
small village of Zemunik organized a protest against air pollution
allegedly caused by the burning of garbage and other materials by the
Romani community there. The group, which included the village mayor,
also protested the Roma use of vacant houses owned by Serb refugees.
The protest was criticized by the press and President Josipovic
strongly criticized discrimination of any kind against Roma.
Roma faced many obstacles, including lack of knowledge of the
Croatian language, lack of education, lack of citizenship and identity
documents, high unemployment, and widespread discrimination. Many
Romani women, in particular, had only limited Croatian language skills.
According to the Council of Europe, only 6.5 percent of Roma had
permanent jobs, while the Government estimated 20,000 to 30,000 Roma
were receiving some form of social assistance. The Government estimated
more than 90 percent of registered Roma lived on social aid.
On a national level, the Government worked to increase the
employment rate of Roma by providing two years' worth of salary
payments to employers who hired Romani workers. Government spending on
programs for Roma increased from 17 million kunas ($3 million) in 2008
to 27 million kunas in 2009 ($4.8 million).
On June 4, the Government allocated 4 million kunas ($716,000) to
help legalize a Roma settlement in the town of Parag, in the northern
part of the country. The Government made similar efforts in other parts
of the country including finishing infrastructure projects in Darda,
the largest Roma settlement in the eastern part of the country.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There was some societal
violence and discrimination against lesbian, gay, bisexual, and
transgender (LGBT) persons.
On June 19, for the second year in a row, an antigay protest was
staged during the annual Gay Pride Parade. Members of the protest
carried banners with abusive language such as ``kill the faggots'' and
raised their arms in Nazi salutes. Organizers of the parade considered
the protest a hate crime and criticized authorities for allowing it to
take place. Police arrested three persons who tried to break through
police lines and attack parade participants. Police were later
criticized for using excessive force against one of the attackers. Two
parade participants were attacked after the parade, but the attackers
remain unidentified.
During the year LGBT NGOs requested the removal of a public school
catechism textbook containing homophobic language. In July the Ministry
of Science, Education, and Sports replied in a letter that the book had
been approved by a commission of experts in line with the law and
refused to remove the book.
In the spring, newspapers reported that a primary school teacher
had referred in class to homosexuality as a disease. The mothers of two
children in the class reported the case to the Ministry of Science,
Education, and Sports, and a group of human rights NGOs later charged
the teacher with a breach of the Antidiscrimination Act. The Zagreb
Municipal Court held three hearings on the matter; the NGOs involved
requested a new judge on the grounds that the old judge was biased and
verbally abusive towards witnesses. In November a Zagreb court refused
to dismiss the current judge. No new hearings were scheduled at year's
end.
LGBT organizations reported several incidents against LGBT persons
during the year and criticized police for failure to provide adequate
protection.
On January 3, a transsexual woman was physically attacked in a town
in eastern Croatia by three men who threatened to kill her. When the
victim tried to report the case, the police officer in charge used
offensive language and ridiculed her during questioning.
On April 4, a group of young men stalked and beat a young gay man
in Zagreb. The victim sustained light injuries. Police were unable to
identify the perpetrators.
On November 2, two gay men were attacked with wooden bats, tear
gas, and broken glass outside a Zagreb nightclub. Police identified and
detained two suspects. The Minister of Interior condemned the incident
proclaiming zero tolerance for hate crimes and crimes motivated by
homophobia. Local LGBT NGOs issued a statement requesting tougher
sanctions for such attacks and permanent training for police officers
dealing with similar hate crime cases. Prosecutors charged the two
perpetrators under criminal law with an act intended to degrade a
person in a public place. The first hearing took place on December 28,
when the two suspects were released from detention. The next hearing
was scheduled for mid-January 2011.
On November 6, a gay man was beaten and his nose broken in Zagreb.
Police were still searching for the perpetrators at year's end.
Societal discrimination against LGBT persons was frequently
manifested by insults, stereotypical jokes, and societal prejudices.

Other Societal Violence or Discrimination.--Societal discrimination
against persons with HIV/AIDS remained a problem. The Croatian
Association for HIV (HUHIV) reported dentists and general practitioners
at times refused to treat HIV-positive patients, and some hospitals
postponed surgery because doctors were reluctant to operate on them. If
an HIV patient did not go through the infectious disease hospital, he
or she often waited for treatment, and doctors sometimes delayed
surgery indefinitely. There were allegations transplant centers refused
to put HIV patients on their lists of potential organ recipients.
Additionally, the NGO stated that many patients' right to privacy had
been violated while other patients feared their HIV status would be
shared without their consent.
The NGO also criticized discriminatory regulations regarding
employment, such as legislation forbidding persons with HIV from
working as police officers.
According to HUHIV representatives, the lack of public assistance,
such as hotlines, for HIV-positive patients was a problem. According to
the UN theme group on HIV/AIDS, an analysis of the country's laws
indicated they contain discriminatory provisions regarding HIV. The
group cited legal provisions requiring testing under medical
supervision for certain professions and, in certain cases, restricted
employment for prisoners and HIV-positive persons. According to the
analysis, most cases of discrimination occurred outside the scope of
the law or were due to insufficient enforcement of privacy laws, lack
of consistent, adequate medical care, and discrimination in school or
the workplace. HUHIV also specifically criticized regulations
forbidding HIV-positive persons from working as police officers and
lack of appropriate sex education in schools. This lack of knowledge
leads to discrimination and stigmatization of people with HIV/AIDS, and
children often have wrong perceptions about risk of contraction.
Section 7. Worker Rights

a. The Right of Association.--Workers are entitled by law to form
or join unions of their choice without previous authorization or
excessive requirements, and workers exercised this right in practice.
Unions generally were independent of the Government and political
parties. According to a 2009 tripartite study by the Government,
unions, and employers, approximately 35 percent of the work force was
unionized. There are no restrictions on unionization for any type of
worker. The law provides all workers the possibility of unionization,
regardless of position (including police), except for active military
personnel.
The law provides for the right to strike, with some limitations,
and workers exercised these rights during the year. The law does not
permit members of the armed forces, police, government administration,
or public services to strike. Workers may strike only at the end of a
contract or in specific circumstances cited in the contract after they
have gone through mediation. When negotiating a new contract, workers
are also required to go through mediation before striking. Labor and
management must jointly agree on a mediator if a dispute goes to
mediation. If a strike is found to be illegal, any participant may be
dismissed and the union held liable for damages.

b. The Right to Organize and Bargain Collectively.--The
constitution and law protect collective bargaining and the right to
organize, and workers exercised these rights in practice; however, some
international observers reported that small firms did not always uphold
this right.
Approximately 12 percent of the country's workers were on fixed-
term contracts with employers. Manual labor and retail employees were
primarily affected and many employers hired new workers for a trial
period of typically three months. A recent amendment to the labor code
limits temporary work contracts to no more than three years.
The law prohibits antiunion discrimination and expressly allows
unions to challenge firings in court; however, incidents of union-
related harassment and firing of employees occurred, and in general the
inefficiency of the court system seriously delayed and discouraged
citizens' attempts to seek redress through the legal system.
There are 15 free trade zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, but there were
incidents in which adults and children were trafficked for prostitution
and labor. Also see the Department of State's annual Trafficking in
Persons Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in
the workplace and provide for acceptable working conditions. Labor law
amendments that went into effect on January 1 further impose strict
regulations on the employment of minors, forbidding employment in work
environments that could pose health threats to minors.
The minimum age for employment of children is 15 years. The
Ministry of Economy, Labor, and Entrepreneurship, in conjunction with
the ombudsman for children and the state inspectorate, is responsible
for enforcing this regulation. Minors under the age of 15 may work if
they receive prior approval from the state labor inspectorate and if it
is determined that the child is not expected to suffer physically or
mentally from the work. Approval is usually requested for filming movie
scenes or for play rehearsals. The law prohibits workers under the age
of 18 from working overtime, at night, or under dangerous conditions.
In 2009 the last year for which data were available, the State
Labor Inspectorate recorded 153 violations of labor-related laws
involving 73 children under the age of 17. Of these violations, four
involved children under the age of 15. Violations occurred mainly in
the hospitality, tourism, retail, food, industrial, services, and
construction sectors and were related to working overtime or past
curfew and wage miscalculations.
The law proscribes the worst forms of child labor, including
trafficking in children for purposes of sexual exploitation and labor.
The national ombudsman for children coordinated the country's efforts
to prevent the exploitation of children and assist in removing children
from exploitative situations. The labor inspectorate has 111 inspectors
whose duties include inspection for illegal employment of minors. The
inspectorate forwarded all cases of violations involving minors to the
Office of the Ombudsman for Children. Criminal cases were prosecuted by
the State Prosecutor's Office and often resulted in convictions.

e. Acceptable Conditions of Work.--The minimum wage as determined
by the Government is 2,814 kunas ($504) per month; the net minimum
monthly wage is between 2,000 and 2,200 kunas ($358-$394), depending on
exemptions, and did not provide a decent standard of living for a
worker and family. Government statistics from July indicated the
average net wage per month was 5,277 kunas ($945), and the minimum
monthly cost of living for a family of four in rented housing was 6,631
kunas ($1,188). The Government enforced the minimum wage.
Nonpayment and late payment of wages continued to be a problem, as
was nonpayment for overtime and holiday work. According to the labor
inspectorate, the law no longer requires that records be kept of the
number of persons who did not receive payment of their salaries.
However, workers have the right to bring court proceedings against
employers who did not issue pay slips to their employees. Based on data
received through various reports, the inspectorate concluded that in
2009 there were at least 3,975 violations of established payment
procedures and practices.
The inspectorate reported that it shut down 707 employers for
periods of at least 30 days during 2009 for labor law violations.
Violations included employing local and foreign workers without work
permits, employing workers not registered with the pension fund, and
employing workers not registered with a health insurance agency. The
labor inspectorate noted that although its officers continued to
increase their inspections and reporting of violations, the courts did
not hand down punishment commensurate with the seriousness of the
violations, and therefore the inspectorate's actions were not
effective. The inspectorate pointed to the large number of violations
that were not tried in court due to the expiration of the statute of
limitations. For 2009 out of 5,286 court decisions involving 11,932
violations of both terms of employment and work safety, 4,351 such
violations were thrown out due to expiration of the statute of
limitations.
The law provides for a standard workweek of 40 hours. Workers are
entitled to a 30-minute break daily, one day off out of seven, and a
minimum of four weeks of paid vacation annually. The law provides that
workers are entitled to time-and-a-half pay for overtime and limits
overtime to eight hours per week. The labor inspectorate must be
notified if overtime work by an employee continues for more than four
consecutive weeks, for more than 12 weeks during a calendar year, or if
the combined overtime of employees of an employer exceeds 10 percent of
the total working hours in a particular month. Pregnant women, mothers
of children under three years of age, and single parents of children
under six years of age may work overtime only if they freely give
written consent to perform such work. An amendment to the labor law
that went into effect on January 1 further requires pregnant women to
obtain a note from a doctor indicating their fitness to work overtime
and that such work would not adversely affect their health or that of
the fetus. In 2009 the inspectorate processed 16,294 violations of the
labor law. After processing, the inspectorate sent 6,127 violations to
misdemeanor courts for proceedings. Infractions included violations
related to labor contracts, payment for work, annual leave, and unpaid
and unreported overtime. In 2009 authorities sent 31 criminal
proceedings against employers to municipal state attorneys' offices.
The Government set health and safety standards, which the Health
Ministry enforced; its inspectorate has jurisdiction over enforcement
of health and safety laws at the workplace. In practice many industries
often did not meet worker protection standards. In 2009 the
inspectorate initiated 3,316 requests for misdemeanor proceedings
covering 6,635 violations of safety standards. During 2009 courts
handed down 5,286 decisions for misdemeanor acts involving work safety,
a great number of which concerned cases from 2007 and 2008. The
inspectorate expressed concern that of the 11,932 misdemeanor cases
reported over the past few years, 4,351 have been thrown out of court
due to the statute of limitations.
Under the law workers may remove themselves from hazardous
conditions and have recourse through the courts if they believe that
they have been dismissed wrongfully for doing so; however, according to
the labor inspectorate, workers did not exercise this right in practice
and normally reported employers only after they had left their job.

__________

CYPRUS

Since 1974 the southern part of Cyprus has been under the control
of the Government of the Republic of Cyprus, while the northern part,
administered by Turkish Cypriots, proclaimed itself the ``Turkish
Republic of Northern Cyprus'' (``TRNC'') in 1983. The United States
does not recognize the ``TRNC,'' nor does any country other than
Turkey. A substantial number of Turkish troops remained on the island.
A buffer zone, or ``green line,'' patrolled by the UN Peacekeeping
Force in Cyprus (UNFICYP), separates the two parts.
republic of cyprus
The Republic of Cyprus is a constitutional republic and multiparty
presidential democracy. The area under control of the Government has
approximately 803,200 inhabitants. In 2006, 56 representatives were
elected to the 80-seat Vouli Antiprosopon (House of Representatives) in
free and fair elections, and in 2008 President Demetris Christofias was
elected in free and fair elections. Security forces reported to
civilian authorities.
Problems were reported in some areas. There were reports of police
abuse and degrading treatment of persons in custody and asylum seekers.
Violence against women, including spousal abuse, and several incidents
of violence against children were reported. There were instances of
discrimination and violence against members of minority ethnic and
national groups. Trafficking of women to the island, particularly for
sexual exploitation, continued to be a problem, and labor trafficking
was also reported.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings during the year.

b. Disappearance.--There were no reports of politically motivated
disappearances.
The Government participated in the autonomous, tripartite (UN,
Greek Cypriot, Turkish Cypriot) UN Committee on Missing Persons (CMP)
as part of its efforts since 1996 to account for persons missing as a
result of the intercommunal violence in 1963-64 and the conflict in
1974. By year's end, the CMP had exhumed the remains of 767 individuals
and had returned the remains of 209 Greek Cypriots to their families.
Exhumations continued in different parts of the island. According to
the CMP, 1,392 Greek Cypriots and 440 Turkish Cypriots remained
missing.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; there
were reports, however, that police abused detainees. There continued to
be reports that police engaged in heavy-handed tactics and degrading
treatment of suspects. The Independent Authority, an independent
committee appointed by the Council of Ministers, investigated
complaints of police bribery, corruption, unlawful financial gain,
violation of human rights, abuse of power, preferential treatment, and
conduct unbecoming of police officers.
There were several allegations of police abuse reported during the
year:
On February 23, a police sergeant allegedly beat a foreign detainee
in Nicosia Central Prison Block 10. The Ombudsman's Office investigated
the case following a complaint submitted by the nongovernmental
organization (NGO) KISA (Movement for Equality, Support, Antiracism)
and concluded that police had used excessive violence against the
detainee. The ombudsman asked the police leadership to investigate the
case further. The detainee was deported on March 11. The Independent
Authority investigated the complaint and concluded that no offense was
committed. The attorney general endorsed the conclusion.
On April 15, the press reported that a 70-year-old Cypriot
complained that he was beaten at the Anthoupoli police station in
Nicosia, where he was transferred following his arrest for drunk
driving. The Independent Authority investigated the complaint and
concluded that the police officers involved had not committed an
offense.
During the year a trial was ongoing of police officers from the
Strovolos police station who, in March 2009, allegedly beat and used
racist comments against 19-year-old Henry Taylor, a Zimbabwean
national, after accusing him of stealing a moped. Taylor contended he
was a victim of mistaken identity, and he was later released without
charge. The attorney general ordered the summary trial of the officers
involved. The hearing of the case was pending at year's end.
During the year the Appellate Court ordered the retrial of nine of
11 police officers charged in 2005 with beating two students and
acquitted by a court in March 2009. The Appellate Court acquitted the
remaining two officers. The Appellate Court hearing of the case started
on December 8. Eight of the officers pleaded guilty to the charge of
causing actual bodily harm while the ninth pleaded guilty to the charge
of misconduct. The trial was ongoing at year's end.
In May 2009 the press reported the alleged beating of a young man
who was arrested by police in Limassol in 2007 for allegedly making an
indecent hand gesture to police. The man claimed that he was taken to
the Limassol police station, handcuffed, and beaten by an officer while
five or six other officers looked on. As a result of the beating, he
allegedly suffered a concussion and other head and neck injuries and
was hospitalized for five days. According to police, disciplinary
charges were brought against an officer after an investigation by the
Independent Authority; the officer's hearing on charges of misconduct
and illegal exercise of authority had not been completed at year's end.

Prison and Detention Center Conditions.--Conditions in prisons,
detention centers, and other government institutions generally met
international standards, although there have been reports of
overcrowding.
During the year the ombudsman and NGOs received complaints that
police subjected inmates to physical abuse and discriminatory
treatment. The ombudsman reported that during the year her office
received five complaints from prisoners concerning physical violence
allegedly committed by prison officials and eight complaints of
physical violence allegedly committed by police officers in detention
centers. The ombudsman was preparing a report on systemic violence
against prisoners by prison officials while the complaints against
police officers were being investigated. The ombudsman's investigation
of complaints submitted in previous years could not establish whether
physical violence had actually occurred against prisoners, and the
investigations were terminated.
The ombudsman reported discriminatory treatment of women and
Turkish Cypriot inmates regarding their access to facilities at the
Central Prison. Inmates in the Central Prison during the year included
296 women, including one juvenile, and 25 male juveniles; juveniles
were held separately from adults. The ombudsman reported in April that
her office examined a complaint that female inmates were treated
unequally because they were not given the option to serve their prison
sentences or portions of them in the Open Prison or the Out of Prison
Employment Center as is the case with male inmates. The problem was
attributed to the lack of separate facilities and overcrowding. The
ombudsman recommended that the prison director take immediate measures
to safeguard the equal treatment of male and female detainees. A 2008
investigation by the ombudsman showed that prison authorities denied
requests by Turkish Cypriot inmates for access to the Open Prison and
Out of Prison Employment Center. The ombudsman recommended that the
security reasons cited for the rejections be explicitly stated and
fully justified on a case-by-case basis.
The ombudsman received two complaints in 2009 from Turkish Cypriots
alleging discriminatory treatment in the Central Prison. Both
complaints were under investigation at year's end. Prison authorities
reported that Turkish Cypriots who lived in the area under government
control were granted all rights concerning access to the Open Prison
and the Out of Prison Employment Center. Turkish Cypriots who lived in
the area under Turkish Cypriot administration were admitted to the Open
Prison but were granted exit permits only with an escort. An NGO
reported that foreign detainees complained of physical violence in
detention centers located in police stations and discrimination in the
Central Prison. An NGO reported that foreign inmates were tasked with
heavier work and had more restricted visitation rights than local
prisoners.
Following the completion of the Independent Authority's
investigation, the attorney general ordered a postmortem examination
into the March 2009 death of a young Moldovan man who was arrested for
drunk driving and a series of traffic violations and found dead in his
cell at the Lycavitos police station in Nicosia. The state coroner
found no evidence of a crime.
During the year overcrowding remained the Nicosia Central Prison's
greatest problem, despite renovation and expansion. Prison authorities
acknowledged that many of the prison buildings, constructed prior to
1960, needed renovation. Construction work was underway to increase
capacity and improve sanitary conditions. In September 2009 the
ombudsman complained via the media that overcrowding created problems
for prisoners' health and welfare. The prison's capacity was 350, but
at times it housed up to 737 inmates. Approximately 70 percent of the
prisoners were foreigners imprisoned for illegal entry, stay, and
employment, as well as theft, burglary, false pretenses, and other
offenses.
The ombudsman reported that, due to overcrowding, convicted
criminals were not separated from pretrial detainees and that both
long- and short-term prisoners were held together. In a 2009 report on
drug use in the Central Prison, the ombudsman recommended separate
detention for drug users. Prison authorities confirmed that
overcrowding prevented separation of prisoners by health condition. In
September 2009 the ombudsman also complained via the media that the
prison lacked a health center even though her office had requested the
creation of one 10 years earlier; at year's end, the Central Prison
still lacked a health center.
The Government permitted prison visits by independent human rights
observers, and such visits, unrestricted and unannounced, occurred
during the year. The ombudsman and the prison board visited Central
Prison on a regular basis. The Human Rights Committee of the House of
Representatives also visited the prison and examined the living
conditions of the detainees.
In 2008 the Council of Europe's Committee for the Prevention of
Torture (CPT) conducted one of its periodic spot checks;
representatives visited several sites, including the Central Prison,
the psychiatric unit in Athalassa, and several police stations, and
privately interviewed detainees and prisoners. The CPT's report on the
visit was not released by year's end.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.

Role of the Police and Security Apparatus.--The police enforce the
law and combat criminal activity. The Greek Cypriot National Guard
(GCNG), backed by a contingent of Greek military forces, the Elliniki
Dhinami Kyprou (Hellenic Force in Cyprus), protects national security.
The GCNG reports to the Ministry of Defense, which reports to the
president. The police report to the Ministry of Justice and Public
Order. The president appoints the chief of police. The police force is
composed of a headquarters with six functional departments, six
geographic district divisions, including one inactive district for the
area administered by Turkish Cypriots, and seven police units that
provide specialized services. One case alleging serious police
corruption was before the court.
The Independent Authority appoints independent investigators from a
list submitted by the attorney general. From January 1 to September 30,
the committee received 92 complaints and appointed investigators for 41
of those cases. The investigators completed 15 cases; in 12 of these
they concluded that no criminal offenses had been committed. The
attorney general concurred in eight of those cases and his opinion was
pending on the remaining four. In three other completed cases, the
investigators proposed that the attorney general bring criminal charges
against the police officers involved; the attorney general's decision
was pending at year's end. Investigators continued to work on 24 cases,
suspending their investigation on one case because the complainant
failed to respond and on a second after the complaint was withdrawn. Of
the 51 cases for which an investigator was not appointed, seven were
deemed outside the scope of the committee's responsibility, seven were
deemed of minor importance and were referred to the chief of the police
for handling, 22 complaints remain pending due to insufficient
evidence, and two complaints were withdrawn. The committee conducted
preliminary investigations of 13 of the cases and concluded that 12 of
them did not merit further investigation, while the remaining one was
referred to the chief of police because the committee established
negligence on the part of members of the police force. In 2009 the
committee received 112 complaints compared with 110 in 2008. Of these,
14 were deemed outside the scope of the committee's responsibility, one
was withdrawn by the complainant, seven were sent to the police chief
for further investigation, and 13 were pending at the end of 2009,
awaiting further evidence from the complainants and other sources. The
investigation on one complaint was suspended because the complainant
did not show interest in pursuing it. The committee appointed
investigators on 41 cases and carried out preliminary investigations of
35 cases.
In January 2009 two Paphos police officers were suspended on
suspicion of extorting and blackmailing illegal immigrants. The hearing
of their case was ongoing at year's end.
The attorney general suspended the prosecution of three police
officers and a civilian whom authorities arrested in February 2009
after a Sri Lankan man complained to Limassol police that the officers
had blackmailed him and his two Sri Lankan roommates, who were residing
illegally in the country, into paying 700 euros (approximately $940)
each. The alleged victim had identified the three officers, who were
arrested together with a 35-year-old mechanic.
In June 2009 the killing of police officer Stavros Stavrou
attracted media attention due to Stavrou's alleged involvement in
illegal dealings. Prior to his death, police had reportedly
investigated Stavrou for involvement in cabarets, drugs, electronic
gambling, and an arson attack, although they were reportedly unable to
gather enough evidence to make a case against him. An administrative
investigation into possible illegal dealings of the deceased officer
did not reveal any incriminating evidence. His killing remained under
police investigation at year's end.
During the year police investigated 19 criminal cases against
members of the force. Of those cases, 11 were still under
investigation, seven were pending trial, and one case was withdrawn at
the instruction of the attorney general. Also during the year the
attorney general ordered the criminal prosecution of one police officer
in one of four cases pending from 2008. Court hearings for two other
2008 cases were completed, and the defendants were found to have caused
actual bodily harm and injury and fined 1,800 and 850 euros
(approximately $2,400 and $1,140), respectively. The attorney general
suspended the prosecution of the fourth case from 2008 in which a
member of the police was investigated for allegedly assaulting a
civilian; the investigation concluded that there was no evidence of a
criminal offense.

Arrest Procedures and Treatment While in Detention.--The law
requires judicially issued arrest warrants, and authorities respected
this requirement in practice. Persons may not be detained for more than
one day without referral of the case to a court for extension of
detention. Most periods of investigative detention did not exceed 10
days before formal charges were filed. The attorney general generally
made efforts to minimize pretrial detention, especially in cases of
serious crimes. Attorneys generally had access to detainees. Bail was
permitted. The Government claimed the right to deport foreign nationals
for reasons of public interest, regardless of whether they had been
charged with, or convicted of, a crime.
While authorities detained aliens without identity documents when
they did not know where to deport them, the Government's policy was not
to hold such persons long term in detention centers. Instead, if
deportations could not be executed in a reasonable amount of time--
generally six months--the Government's policy was to release
undocumented migrants and rejected asylum seekers and give them
residence permits for a limited period of time, provided they had not
been found guilty of a crime. An NGO reported, however, that
undocumented aliens were only released provided they signed a document
consenting to the issuance of travel documents by their home country.
The NGO reported that at least one undocumented foreigner remained in
detention for more than three years. The NGO also reported released
detainees did not have access to health care or social benefits and
were not entitled to permanent residency permits unless they had a job.

e. Denial of Fair Public Trial.--The law and constitution provide
for an independent judiciary, and the Government generally respected
this provision in practice.
Most criminal and civil cases begin in district courts, from which
appeals may be made to the Supreme Court. There are no special courts
for security or political offenses. There are military tribunals that
have jurisdiction over members of the GCNG.

Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right. The
constitution provides for public trials, and defendants have the right
to be present and to consult with an attorney in a timely manner. Jury
trials are not used. An attorney is provided for those who cannot
afford one, and defendants have the right to question witnesses against
them and present evidence or witnesses on their behalf. The law also
provides that defendants and their attorneys have access to government-
held evidence related to their cases. Defendants enjoy a presumption of
innocence and have a right of appeal. The Government generally
respected these rights in practice.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--During the year the
European Court of Human Rights (ECHR) issued three judgments that found
the country in violation of various provisions of the European
Convention on Human Rights.
On January 7, the ECHR ruled in Rantsev v. Cyprus and Russia that
Cyprus failed to protect 20-year-old Russian cabaret artist Oxana
Rantseva from human trafficking and failed to conduct an effective
investigation into the circumstances of her death in 2001. The court
found Cyprus in violation of Article 2 (right to life), Article 4
(prohibition of slavery and forced labor), and Article 5 (right to
liberty and security) of the European Convention on Human Rights. The
ECHR held that Cyprus had to pay the applicant 40,000 euros ($53,600)
in nonpecuniary damages and 3,150 euros ($4,220) for costs and
expenses. The Government made a unilateral declaration before the court
acknowledging that it had violated the convention and offered to pay
pecuniary and nonpecuniary damages to the applicant. The Government
informed the court that in February 2009 it appointed three independent
experts to investigate the circumstances of Rantseva's death,
employment, and stay in Cyprus as well as the possible commission of
any unlawful acts against her. The investigators questioned a number of
witnesses in Cyprus and, on July 2, applied to Russian authorities for
permission to receive testimony from witnesses in Russia. The
investigators were waiting for a reply from the Russian authorities at
year's end.
In 2009 the ECHR issued three judgments that found a violation by
the state of the European Convention on Human Rights; all three
violations concerned the length of legal proceedings.
There were no reports that the Government failed to comply with
ECHR decisions.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, permitting claimants to bring
lawsuits seeking damages for or cessation of human rights violations,
and citizens successfully availed themselves of it.

Property Restitution.--Turkish Cypriots have filed a total of 84
court cases, 15 of them during the year, to reclaim property located in
the Government-controlled area, and the Supreme Court issued judgments
in one case concerning Turkish Cypriot properties that are under the
guardianship of the Ministry of Interior. Amendments to the law
governing these types of properties, enacted in May, give the minister
of interior, as the guardian of Turkish Cypriot properties, authority
to return properties to Turkish Cypriot applicants after examining the
circumstances of each case. In one case during the year, the Supreme
Court upheld the trial court's decision that the property in question
fell within the competence of the guardian of the Turkish Cypriot
properties and rejected the appeal of the Turkish Cypriot applicant to
be appointed as trustee of some property belonging to the Vakif, the
Muslim institution that regulates religious activity for Turkish
Cypriots.
On January 19, the British Court of Appeal ruled in favor of the
plaintiff in the case of Apostolides v. Orams in which the Greek
Cypriot plaintiff sought to enforce a Cyprus court order regarding
property located in the area administered by Turkish Cypriots by
applying the court order against the defendants' assets in the United
Kingdom. The Orams asked for permission to appeal, but permission was
denied on March 26 by the British Supreme Court of Appeal Panel. In
April 2009 the European Court of Justice, to which the British Court of
Appeal had referred the case for a ruling on some issues, had also
ruled in favor of the plaintiff.
On March 1, the Grand Chamber of the ECHR declared inadmissible
eight property cases filed against Turkey by Greek Cypriot applicants.
The chamber ruled that the applicants had not pursued their cases
through an effective domestic remedy established specifically to deal
with such cases, the Immovable Property Commission (IPC).
In September the ombudsman, in her capacity as the authority with
oversight in matters involving racism and discrimination, reported that
the examination of two complaints submitted by Turkish Cypriots
revealed that the state was discriminating against Turkish Cypriot
property owners and was restricting their property rights. Both Turkish
Cypriots had applied to the Land Registry Department to secure title
deeds for their properties in the Government-controlled area and were
told that they needed the prior approval of the Ministry of Interior.
The ombudsman recommended abolition of the 1963 law that restricts the
property rights of Turkish Cypriot for reasons of public safety.
In 2008 the ECHR endorsed a friendly settlement brokered by the IPC
in 2007 between Greek Cypriot Michael Tymvios and Turkey. The
settlement would exchange Tymvios's property in the northern part of
the island for Turkish Cypriot property in the Government-controlled
area plus a payment of one million dollars. Later in 2008 Tymvios
complained that the Government, citing the guardianship law, refused to
transfer ownership of the Turkish Cypriot property in the Government-
controlled area to him despite the ECHR action. In November 2009
Tymvios filed two actions against the attorney general and the Ministry
of Interior, asking the court to order the defendants to turn over to
him the Turkish Cypriot property awarded to him by the IPC, to prohibit
the defendants from using the property in question, and to pay him
damages. The application was scheduled to be heard by the District
Court of Larnaca on December 14.

a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
rights in practice.
Individuals could criticize the Government publicly or privately
without reprisal, and the Government did not attempt to impede
criticism.
Independent newspapers and periodicals proliferated. Several
private television and radio stations competed effectively with
government-controlled stations; government-owned stations accounted for
approximately 18-20 percent of the viewership for television news and
30 percent of the general radio audience. International broadcasts,
including telecasts from Turkey and Greece, were available without
interference throughout the island.
As of year's end, the Supreme Court had not ruled on the Attorney
General Office's appeal of its 2008 decision that the Government should
appoint Christoforos Christoforou to head the Cyprus News Agency. In
2006 the Council of Ministers rejected a decision by the board of the
Cyprus News Agency to appoint Christoforos Christoforou as its new
director. Some newspapers and opposition parties attributed the
rejection to Christoforou's authorship of articles criticizing
government policies regarding the UN efforts in 2004 to reunify the
island. The Cyprus Journalists' Union called on the Government to
reverse its decision and approve the appointment.

Academic Freedom and Cultural Events.--There were generally no
government restrictions on academic freedom or cultural events, but
certain oversight efforts threatened academic independence and
activities.
The Government continued to exert political pressure on
universities to refrain from any contact with universities in the
Turkish Cypriot community because the Government considered them
illegal.

b. Freedom of Peaceful Assembly and Association.--The law and
constitution provide for freedom of assembly and association, and the
Government generally respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within government-controlled areas, foreign travel,
emigration, and repatriation, and the Government generally respected
these rights in practice. The Government cooperated with the Office of
the UN High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in providing protection and assistance to internally
displaced persons (IDPs), refugees, returning refugees, asylum seekers,
stateless persons, and other persons of concern.
The Government did not restrict Greek Cypriots from traveling to
the area administered by Turkish Cypriots, but it generally advised
them against spending the night at Greek Cypriot properties, gambling
in the area administered by Turkish Cypriots, or buying or developing
property there.
The Government allowed EU citizens and citizens of other countries
not subject to a visa requirement, who entered from ports of entry in
the area administered by Turkish Cypriots, to cross the green line into
the Government-controlled area; the Government maintained, however,
that all ports of entry in the area administered by Turkish Cypriots
are illegal.
Greek Cypriots and Turkish Cypriots were required to show
identification cards when crossing the green line. Members of each
community were required to obtain insurance coverage in the community
where they planned to drive their vehicles. Turkish Cypriots flew in
and out of Larnaca and Paphos airports without obstruction. The
Government issued 575 passports to Turkish Cypriots during the year.
The law prohibits forced exile, and the Government did not employ
it.

Internally Displaced Persons (IDPs).--Although Greek Cypriots
displaced as a result of the 1974 division of the island fall under the
UN definition of IDPs, the Government considered them refugees. At
year's end, these individuals and their descendants numbered 208,304.
Depending on their income, IDPs and their descendants are eligible for
financial assistance from the Government. They have been resettled,
have access to humanitarian organizations, and are not subject to
attack, targeting, or mandatory return under dangerous conditions.

Protection of Refugees.--The law provides for the granting of
asylum or refugee status, and the Government has established a system
for providing protection to refugees.
NGOs and refugees reported that the Asylum Service was better
staffed and processed applications more quickly than in previous years.
Of the 44,287 applicants who filed from 2002 to the end of 2010, 288
were granted full refugee status and 2,408 were granted subsidiary
protection status and humanitarian status. During the year the
Government did not deport any refugees, and authorities granted full
refugee status to 31 persons. The law forbids the detention of minor
asylum seekers.
In contrast to previous years, refugees and NGOs did not report
that any asylum cases were closed without consideration or receiving a
government response. NGOs and asylum seekers alleged that the Nicosia
District Welfare Office continued to be inconsistent in the delivery of
benefits to eligible asylum seekers. The ombudsman examined many such
complaints and reported that in many cases the allegations were well
founded, in which case her office made suggestions for remedial action.
In practice, the Government provided protection against the
expulsion or return of refugees and beneficiaries of subsidiary
protection to countries where their lives or freedom would be
threatened on account of their race, religion, nationality, membership
in a particular social group, or political opinion.
KISA claimed that authorities detained and deported asylum seekers
whose applications were rejected before the Supreme Court undertook a
final adjudication of their applications. Moreover, KISA and the
ombudsman reported complaints from asylum seekers concerning
difficulties in accessing the asylum application procedure and delays
in the examination of their applications. The ombudsman reported that
she did not receive any complaints from asylum seekers that police
physically or psychologically abused them.
The Government granted individuals determined to be refugees
permission to stay and gave them temporary work permits, but it did not
grant permanent resettlement rights. The law allows asylum seekers to
be employed in fisheries, the production of animal feed, waste
management, gas stations and car washes, freight handling in the
wholesale trade, building and outdoor cleaning, distribution of
advertising and informational materials, and food delivery. However,
KISA reported that the Labor Office refused to approve and renew labor
contracts for asylum seekers outside the farming and agriculture
sector.Asylum seekers whose cases were awaiting adjudication were
allowed to work after residing six months in the country, but they were
limited to the areas permitted by law. During the six-month period,
asylum seekers had access to a subsistence allowance and could live in
the reception center for refugees located in Kofinou, the sole
reception center for asylum seekers. There were complaints regarding
the remoteness, limited capacity, and lack of facilities at Kofinou;
conditions reportedly improved, however, after the Government entered a
private-public partnership with a university in 2008 to operate the
center.Asylum seekers who refused an available job could be cut off
from state benefits. To obtain welfare benefits, asylum seekers had to
have a valid address, which was impossible for many who were homeless.
KISA reported delays in the delivery of checks to asylum seekers who
were eligible for benefits. According to NGOs, asylum seekers reported
discrimination in the provision of state medical care.
On September 14, the press reported that a diabetic Congolese
asylum seeker died in his Nicosia hostel room after the welfare
services cut his benefits, denying him regular meals vital to his
health. An autopsy found that the asylum seeker died of a heart attack.
The coroner could not conclusively confirm that the heart attack was
caused by an irregular diet. The asylum seeker arrived in the country
in 2005; although he was able to apply for asylum and received medical
treatment, his benefits were cut off three months before his death,
allegedly due to bureaucratic red tape. The Ministry of Labor ordered
an inquiry, which revealed that the deceased had presented the welfare
services with a letter from his doctor stating that he was able to
perform only light work, but his benefits were discontinued after he
refused to take a suitable job offered by the Labor Department. As a
result of this investigation, the Ministry of Labor changed the
procedure for handling similar cases. Asylum seekers with a medical
condition rendering them unable to work or able to perform only light
work are referred to a medical board for assessment and are entitled
for public assistance while awaiting a decision.
In January 2009 a 28-year-old asylum seeker died after allegedly
waiting two days for treatment, first at a private clinic in Nicosia
and later at the Nicosia general hospital, following an accident at the
horse farm where he was working. According to press reports, the
private clinic did not offer the man treatment during the first 24
hours he was there, despite his having suffered a head injury. Police
opened a case against the employer for illegal employment and a second
case relating to the death of the asylum seeker. Both cases were
presented to court and were pending trial at year's end.
In August 2009 the UNHCR complained through the media that a
Kurdish child suffering from a terminal congenital condition was denied
government funding to travel abroad for medical treatment because of
his refugee status, in contravention of the country's refugee law,
which provides refugees access to the same medical treatment as
Cypriots and other EU citizens. Although the Health Ministry
subsequently agreed to cover the travel costs on humanitarian grounds,
the child was never taken for treatment abroad. The child died in
November 2009, a week after an operation was performed at a state
hospital. KISA reported that asylum seekers, recognized refugees, and
migrant workers were denied government funding for treatment abroad
when treatment was not available in the country.
The Government provided funding to two local colleges for
educational services aimed at helping recognized refugees integrate
into society and also to a local NGO to help torture victims.
During the year the Government provided temporary protection to 395
individuals who may not qualify as refugees.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law and constitution provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
In national elections, only those Turkish Cypriots who reside
permanently in the Government-controlled area are permitted to vote and
run for office. In elections for the European Parliament, all Cypriot
citizens have a right to vote and run for office, including Turkish
Cypriots who live in the area administered by the Turkish Cypriots.

Elections and Political Participation.--In 2006 free and fair
elections were held for the 56 seats assigned to Greek Cypriots in the
80-seat House of Representatives.
Political parties operated without restriction or outside
interference.
Women held seven of the 56 seats filled in the House of
Representatives and two of 11 ministerial posts. They also held senior
positions in the judicial branch.
There were no members of minorities in the House of
Representatives, and the 24 seats assigned to Turkish Cypriots went
unfilled. The small Armenian Orthodox, Maronite Christian, and Roman
Catholic communities elected special nonvoting observer representatives
from their respective communities to the House of Representatives.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, which
vary depending on the charges, and the Government generally implemented
these laws effectively. There were isolated reports of government
corruption.
While the Government generally investigated and prosecuted cases of
corruption, cases usually moved at a slow pace, and the evidence law,
which prohibits wiretapping and electronic surveillance, made obtaining
convictions difficult.
On May 11, the police charged two employees of the Public Works
Department of the Ministry of Communications and Works with abusing
their position by using public materials and labor for private
purposes.
During the year the attorney general ordered the criminal
prosecution of two senior officers of the Ministry of Agriculture
following an investigation into allegations that the minister of
agriculture had attempted to influence the procedure to appoint
personnel in one of the ministry's departments. The complaints were
made by a senior agriculture ministry inspector. The case was pending
before the court.
In January the attorney general filed two criminal cases against
six police officers and the director of the central prison in
connection with the 2008 escape of double murderer and rapist Antonis
Procopiou Kitas from a Nicosia private hospital where he had stayed for
seven months while serving a life sentence. The minister of justice and
public order resigned over the escape, and the Government appointed
independent criminal investigators to investigate the possible
involvement of police and government officials. Separate investigations
were also ordered into how Kitas acquired a new passport and why he was
allowed to stay at the hospital for such an extended period of time. A
hearing of the case against the former director of the central prison
began in October 2009 and was still in process. The case against the
police officers was scheduled for hearing on November 29.
State and public officials are required by law to declare their
assets, but asset declarations are not public documents. Officials who
fail to submit declarations are subject to a fine. In June 2009 the
Supreme Court ruled unconstitutional the law requiring public officials
to declare their assets. The attorney general appealed the decision;
the appeal was pending at year's end.
The constitution provides citizens the right of access to
government information, but there were no specific laws to ensure
public access. Civil servants were not allowed to provide access to
government documents without first obtaining permission from the
relevant minister. During the year there were no reported cases of the
Government denying individuals access to government information.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. There is a government
ombudsman, whose portfolio includes human rights, and a legislative
committee on human rights.
The UN, through the CMP, continued its efforts to account for
persons missing after the intercommunal violence in 1963-64 and the
conflict of 1974.
During the year the ombudsman received complaints from citizens and
foreigners living on the island who believed their rights had been
violated by the Government. During her independent investigations, the
ombudsman generally enjoyed good cooperation with other government
bodies. The ombudsman's annual reports focused on police misconduct,
treatment of patients at state hospitals, treatment of asylum seekers
and foreign workers, and gender equality in the workplace. The Office
of the Ombudsman was well respected and considered effective. In 2008
the ombudsman stated that the Government had complied with 80 percent
of her office's recommendations.
The legislative Committee on Human Rights, which most local NGOs
considered effective, is made up of 10 members of the House of
Representatives, who serve five-year terms. The committee discussed
wide-ranging human rights problems, including trafficking in persons,
prison conditions, and the rights of foreign workers. The executive
branch did not exercise control over the committee.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status, and the Government effectively enforced
these prohibitions.

Women.--The law criminalizes rape, including spousal rape, with a
maximum sentence of life in prison. Most convicted offenders received
considerably less than the maximum sentence. Police indicated that 31
cases of sexual assault were reported during the year.
Violence against women, including spousal abuse, was reported, and
there has been a sharp increase in recent years in the number of
reported cases. The law establishes clear mechanisms for reporting and
prosecuting family violence and provides that the testimony of minors
and experts, such as psychologists, may be used as evidence to
prosecute abusers. The law provides for prison terms for the abuse of
family members. Doctors, hospital workers, and education professionals
are required to report all suspected cases of domestic violence to
police. Many victims refused to testify in court, however, and by law
spouses cannot be compelled to testify against each other. Courts were
obliged to drop cases of domestic violence if the spousal victim was
the only witness and refused to testify.
During the year police received 619 cases of domestic violence.
They initiated criminal investigations in 460 of these and filed 197
criminal cases in court. In 78 percent of the cases, the victims were
female.
An NGO working with domestic abuse victims reported a slight
decrease in the number of telephone calls to its hotline from 2009 to
2010. The NGO reported that 1,151 callers, of whom 77.5 percent were
women, 14.4 percent children, and 8.1 percent men, claimed to be
victims of domestic violence. The NGO also operated a shelter in
Nicosia that served 72 victims of domestic violence during the year.
In September 2009 the media reported that five NGOs accused the
Government of deliberately minimizing the number of domestic violence
victims by failing to collect accurate data using EU definitions. By
the NGOs' estimates, 80,000 Greek Cypriot women were directly subjected
to domestic violence, and an estimated 4,000 foreign housemaids
suffered violence at the hands of their employers.
The law prohibits sexual harassment in the workplace, but there
were reports that it was a widespread problem, with most incidents
unreported to authorities. In September 2009 a Cyprus University of
Technology (TEPAK) report showed that 6 percent of employees in the
country had experienced sexual harassment in their workplace and that
one in two persons believed that some victims deserved the harassment.
During the year the Labor Office received 22 complaints regarding
sexual harassment, 21 by foreign housekeepers. The Labor Office's
investigation found only two complaints to be valid. The Labor Office
reported that 15 of the complaints were either withdrawn or could not
be further investigated because the complainants failed to appear at
the scheduled interview. A complaint investigated in 2009 was also
found to be valid.
In April the ombudsman issued a report concluding that the career
of a female bank employee was put on hold by the bank's management
because she had reported the deputy general manager of the bank for
sexually harassing her. The ombudsman ruled that the actions of the
bank management constituted discrimination in violation of the relevant
legislation and invited the bank's chief executive officer to
consultations before issuing her final adjudication. In her final
recommendation, the ombudsman stated the bank should abolish the
current discriminatory treatment of the complainant and ensure that her
future professional development would be treated objectively while
taking into consideration the difficulties she had encountered.
Couples and individuals were generally able to freely decide the
number, spacing, and timing of their children, and to have the
information and means to do so free from discrimination, coercion, and
violence. There was easy access to contraception, skilled attendance
during childbirth, and women were diagnosed and treated for sexually
transmitted infections, including HIV, equally with men. According to
estimates compiled by international organizations, there were
approximately 10 maternal deaths per 100,000 live births in the country
in 2008.
Women generally have the same legal status as men under family and
property law and in the judicial system. The National Mechanism for
Women's Rights under the Ministry of Justice and Public Order is tasked
with the promotion, protection, and coordination of women's rights.
Laws requiring equal pay for men and women performing the same work
were enforced effectively at the white-collar level. Despite a strong
legal framework, the Ministry of Labor and Social Insurance's
enforcement was ineffective at the blue-collar level. Research by one
NGO suggested that remuneration for female blue-collar workers was 25
to 30 percent less than for their male counterparts.
During the year an NGO representing divorced mothers worked with
police to encourage efforts to collect delinquent child support
payments. The courts may garnish wages and assets and ultimately
imprison persons to enforce child support payments.

Children.--Citizenship is derived from one's parents, and there is
universal birth registration at the time of birth.
During 2008 the Ombudsman's Office received a complaint regarding
discriminatory treatment of Romani children in public education. The
ombudsman's investigation was ongoing at year's end.
Child abuse was a problem. The Welfare Department reported an 8.8
percent increase in cases of child abuse in 2009 compared with 2008.
The Welfare Department stated that most cases of abuse were linked to
domestic violence. During the year police conducted 155 criminal
investigations of child abuse compared with 200 the previous year. Of
those cases, 69 were filed in court in 2010 and 139 in 2009.
In 2008 there were two reports that girls were trafficked for
commercial sexual exploitation; there were no reports of such
trafficking in 2009 or 2010.
The minimum age for consensual sex is 17, and sexual intercourse
with a person under the age of 17 is a criminal offense. The penalty
for sexual intercourse with a person between 13 and 17 is a maximum of
three years' imprisonment. For sexual intercourse with a person under
13, the penalty is up to life in prison. Possession of child
pornography is a criminal offense punishable by a maximum of 10 years'
imprisonment.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--There were approximately 2,000 persons in the
Jewish community, which consists of a very small number of native
Jewish Cypriots and a greater number of expatriate Israeli, British,
and other European Jews.
On November 30 and December 1, the Jewish community's Hanukkah
display in Larnaca was vandalized. Vandals spray-painted the light
bulbs of a menorah representation placed at a public location near the
community's center and painted targets, swastikas, and the stylized
letters ``SS'' on and near the display. The community notified police,
who collected evidence and opened an investigation. No arrests were
made by year's end. There were continued reports of verbal harassment
of members of the Jewish community.

Trafficking in Persons.--For information on trafficking in persons,
please see the State Department's annual Trafficking in Persons Report
at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities in employment, education, access to health care, or in the
provision of other state services, and in practice the Government
generally enforced these provisions. The law mandates that public
buildings and tourist facilities built after 1999 be accessible to all;
government enforcement of the law was ineffective, however, and older
buildings frequently lacked access for persons with disabilities. There
were no appropriate institutions for adults suffering from mental
disabilities who were in need of long-term care.
The amended People with Disabilities Law, which extended the
ombudsman's authority to cover discrimination based on disabilities in
both the private and public sectors, had not been fully implemented by
year's end. Problems facing persons with disabilities included narrow
or nonexistent sidewalks and lack of transport, parking spaces,
accessible toilets, and elevators. During the year the ombudsman
examined 26 complaints of discrimination against persons with
disabilities. While many of the cases were still under investigation,
the ombudsman reported full compliance of private and government
organizations with her recommendations in the cases that were
completed.
There were no long-term care facilities specifically for persons
with mental disabilities, but many such persons were housed at the
Athalassa Psychiatric Hospital. In 2007 an association representing
approximately 300 families with children with Down syndrome complained
that the Government did not respond to its repeated calls for the
creation of a specialized center for the treatment of such children,
particularly those in need of temporary hospitalization. Some were
housed at the hospital, where they allegedly received inadequate care.
The parents claimed that the children were left naked, locked in their
wards for excessive amounts of time, and placed under the influence of
sedative medication. In December 2009 the same association complained
that the Government rejected its request for a subsidy to cover its
operating expenses, and as a result it had to close its office.
According to a study presented at a meeting of the House Committee
on Human Rights in May, one in three patients discharged from Athalassa
Psychiatric Hospital were living in retirement homes and were
experiencing difficulties integrating into society. Ten percent of
these former patients were under the age of 30. Members of the
committee noted that there is no infrastructure to support mental
health patients with the result that, when they leave the psychiatric
hospital, their medication is stopped and there are no programs for
their social integration or aftercare in general, a situation that
could lead to serious problems.
On August 27, the Paraplegics Association complained that the new
public buses, introduced in June as part of the overhaul of the public
transport system, did not meet the needs of wheelchair users as they
only had space for one wheelchair instead of two. After a meeting with
the minister of communications and works on September 2, the
Paraplegics Association said that the Government agreed to satisfy the
demand for two wheelchair spaces in all buses ordered from now on. The
Government also agreed to modify current buses if demand showed that
there was a need for two wheelchair spaces.
In 2008 the president of the Cyprus Mental Health Commission,
Christodoulos Messis, stated that, in order to reduce numbers, patients
in the Athalassa psychiatric unit were being released into nursing
homes for the elderly regardless of their age, with no plan for their
rehabilitation within the community. He criticized the mental health
services for not creating appropriate halfway houses and boarding
schools to host psychiatric patients wishing to reintegrate into
society and return to active employment.
The Ministry of Labor and Social Insurance's Service for the Care
and Rehabilitation of the Disabled was responsible for protecting the
rights of persons with disabilities. In addition the minister of labor
and social insurance chaired the Pancyprian Council for Persons with
Disabilities, which included representatives of government services,
organizations representing persons with disabilities, and employer and
employee organizations. The council monitored actions that affected the
protection of the rights of persons with disabilities and served as a
forum for persons with disabilities to contribute to public policy.

National/Racial/Ethnic Minorities.--There were reported incidents
of government and societal discrimination against members of minority
national and ethnic groups.
On November 5, clashes broke out in Larnaca between participants in
an antiracism NGO event and demonstrators marching against the presence
of undocumented migrants. One Turkish Cypriot, a member of a music
group participating in the NGO event, was stabbed and several police
officers and demonstrators were injured. The mosque in Larnaca was
vandalized following the events. Police were investigating the attack
on the mosque at year's end.
On November 12, small groups of young persons wearing hoods and
holding sticks attacked seven persons in different parts of Nicosia.
Victims included a man from Mali, a German student, a 16-year-old
British Armenian Cypriot, and four Greek Cypriots, whom the attackers
apparently perceived to be foreigners. The police arrested and
questioned six persons between the ages of 16 and 18; all were charged.
Some were remanded for six days and others released pending the hearing
of the case. According to a police report, some of the persons arrested
admitted that their motives were racist and that their targets were
foreigners. The attacks were condemned by senior government officials
and all political parties. A similar incident occurred on November 17,
when four young men attacked an Indian student in Nicosia. The four men
were arrested, charged, and then released.
During the year there were several reports of violent attacks in
the Government-controlled area against Turkish Cypriots:
On March 30, according to press reports, a group of about 200 Greek
Cypriot fans of the APOEL soccer club attacked two Turkish Cypriots,
lawyer Baris Mamali and businessman Tekin Birinci, in their car after
they crossed to the south to watch a soccer match. The attackers
pounded on the car with their hands, threw rocks, and shouted that they
were going to kill the two Turkish Cypriots. They were saved by a small
group of Greek Cypriots who shielded the car until the police arrived
and dispersed the crowd. A police investigation did not produce
evidence against a specific person, and the case was classified as
``undetected.''
On May 4, the Turkish Cypriot press reported that two fans of the
same football club attacked Turkish Cypriot Hasan Atik while he was
driving from Larnaca to Nicosia. The attackers were riding motorcycles.
They reportedly broke the lights and mirrors of Atik's car and hit his
arms with sticks. Atik told the media that he reported the incident to
the Cypriot police at the checkpoint in Nicosia without results. Police
stated that Atik reported the incident only for insurance purposes but
did not file a complaint.
On September 11, the Turkish Cypriot press reported that a group of
five Greek Cypriot men attacked a Turkish Cypriot couple, Nermin
Arnavut, 61, and Altay Arnavut, 69, on a visit to Larnaca. They had
pulled over to the side of the street when the Greek Cypriots
approached them and reportedly called them ``filthy Turks'' and
``dogs.'' The assailants hit the woman on the arm; when she rolled up
the window and locked the door, they then went to the driver's side and
hit the husband on the neck and face until he lost consciousness. The
couple crossed back to the northern part of the island without
reporting the incident to the Republic of Cyprus officials, but made a
complaint to the Turkish Cypriot police.
There was also one report of an attack on an African student. On
July 20, a group of youth in black T-shirts bearing the logo of the
far-right organization ELAM (National Popular Front) beat a 25-year-old
Nigerian student in a main Nicosia street. In his effort to escape, the
student was nearly hit by a car. The attackers damaged the car as well.
The Nigerian was transferred to Nicosia General Hospital and was
treated for scratches and bruises. A police investigation did not
produce evidence against specific persons, and the case was classified
as undetected. An ELAM spokesman denied that the attackers were members
of that organization and condemned the incident. The Government,
political parties, and several youth and human rights organizations
issued statements criticizing the attack.
The 1975 Vienna III Agreement remains the legal source of authority
regarding the treatment of Turkish Cypriots living in the Government-
controlled area. The Government generally effectively enforced the
agreement, which provides for the voluntary transfer of populations,
free and unhindered access by the UNFICYP to Turkish Cypriots living in
the south, and facilities for education, medical care, and religious
activities.
In January 2009 the ombudsman complained through the media that
foreigners were being subjected to humiliating and discriminatory
treatment by authorities at passport control at Larnaca Airport. At the
end of 2010, the ombudsman reported that she was not aware of any
changes to these practices. However, no new complaints were submitted
during the year. The Independent Authority investigated the 2009
complaint and concluded that no offense had been committed by passport
control officers. Police reported that, during the year, police
officers of the Aliens and Immigration Unit participated in two
seminars on multiculturalism and immigration in addition to the annual
training they received as part of the country's cooperation with the
European Agency for the Management of Operational Cooperation at the
External Borders (FRONTEX).
In August the ombudsman issued a report supporting the Maronite
religious group's request that the state increase the amount allocated
to members of the Maronite, Armenian, and Latin religious groups for
tuition at private secondary schools. In 2009 the Maronite religious
community complained to the ombudsman that the Government failed to
take effective measures to protect the use of the Maronite language.
The ombudsman found the complaint to be justified and made
recommendations to the Government.
On September 13, experts of the European Commission against Racism
and Intolerance arrived in the country to evaluate its performance on
matters of racism and discrimination and assess progress since the
previous report was issued in 2006; the report on their findings had
not been released by year's end.
In October 2009 the European Network against Racism Cyprus issued
its 2008 ``shadow report'' on racism in the country. The report noted a
significant rise in racist violence and called for the Government to
adopt and implement an action plan covering all areas where
discrimination and racism persist. It also called on the Government to
develop and enact a comprehensive migration policy that would include
an integration policy for migrants.
During a police operation in September 2009, police took 150
individuals to police stations, reportedly to confirm their immigration
status. Authorities arrested 36 for ``illegal residence'' and 12 for
involvement in violence that took place earlier at Nicosia's only
functioning mosque. The minister of interior was critical of the
operation, noting that his ministry was responsible for implementation
of immigration policy; the minister of justice defended the operation,
stating that police were simply doing their job. The ombudsman, acting
as head of the Authority against Racism and Discrimination, stated that
such practices fed xenophobic attitudes and racist stereotypes and had
nothing to do with the country's immigration policy. The ombudsman
opened an investigation which found that the police had violated the
detainees' constitutional right to personal freedom and security and
that their arrest was based on their ethnic origin rather than evidence
that a crime had been committed. The ombudsman's report made a number
of recommendations to police for adjusting their practices to safeguard
human rights regardless of a person's race or ethnic origin.
Many foreign workers reported that they almost always faced delays
in the renewal of work visas despite the fact that they followed proper
and timely procedures. In many cases the delays left them vulnerable to
detention and deportation by immigration police.
Some Turkish Cypriots living in the Government-controlled area
reportedly faced difficulties obtaining identification cards and other
government documents, particularly if they were born after 1974.
Turkish Cypriots made few formal complaints to the UNFICYP about their
living conditions in the south. Complaints most often concerned the
lack of affordable accommodation.
The ombudsman received complaints that the Government denied
automatic citizenship to children of Turkish Cypriots married to
Turkish citizens who resided in the area administered by Turkish
Cypriots. Instead of granting citizenship automatically to such
children, the Ministry of Interior routinely sought approval from the
Council of Ministers before confirming their citizenship. During the
year the Council of Ministers approved 634 cases. The ombudsman's
office had no authority to examine the complaints because the Council
of Ministers' decision to apply different criteria for granting
citizenship to children born to one Turkish parent was a political one.
Children of Turkish Cypriots married to Turkish citizens and living
outside of Cyprus were automatically granted citizenship, however.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Despite legal protections,
gays and lesbians faced significant societal discrimination, and few
lesbian, gay, bisexual, or transgender (LGBT) persons were open about
their sexual orientation. On May 19, the first LGBT movement, Accept
LGBT Cyprus, announced its operation and organized a series of events.
The events were covered by the media and there was no negative public
reaction.
A 2009 report by the Gay Liberation Movement of Cyprus (AKOK) and
the International Lesbian, Gay, Bisexual, Trans- and Intersex
Association (ILGA) noted that there was no significant LGBT movement in
the country, and a general stigma against homosexuality was present in
society. The organization reported that some local religious figures
and politicians frequently stated in public that gays and lesbians were
``immoral persons, bodily and mentally perverted.'' The groups also
noted that there was no specific LGBT antidiscrimination law and that
the lack of awareness-raising efforts and education about LGBT issues
significantly contributed to the stigmatization of LGBT persons.
On June 17, a spokesperson for Accept LGBT Cyprus criticized a
decision of the state-controlled Cyprus Broadcasting Corporation (CyBC)
management to ban a radio advertisement featuring a lesbian woman
discussing her relationship with another woman. The advertisement was
part of a European Commission-funded tolerance campaign run by the
ombudsman's office. The campaign was aired by private stations and did
not prompt a negative public reaction.
In January 2009 the ombudsman publicly claimed that authorities at
passport control at Larnaca Airport asked some foreign nationals about
their sexual orientation.

Other Societal Violence or Discrimination.--An NGO reported
complaints of discrimination toward persons with HIV/AIDS and asserted
that HIV-positive persons faced social exclusion and termination from
employment. During the year the ombudsman issued reports on two
complaints submitted by HIV-positive persons. In a report issued in
June the ombudsman concluded that the deportation order issued against
an HIV-positive British citizen, who was arrested and jailed for drunk
driving, violated his right as an EU citizen to free movement and
settlement in any EU country. The Ministry of Interior had informed the
complainant that he would be deported because his personal conduct
represented a serious threat to public and legal order and to public
health. The ombudsman recommended revocation of the deportation order.

Incitement to Acts of Discrimination.--Government-approved
textbooks used at the primary and secondary school levels included
language that was biased against Turkish Cypriots and Turks or
refrained from mentioning the Turkish Cypriot community altogether. In
addition, there were anecdotal reports of teachers using handouts or
leading classroom discussions that included inflammatory language.
In March the minister of education announced that a special
government committee established in 2008 to examine the question of
education reform had completed work on a set of curricula on all
subjects, including history. Implementation of the history curriculum
was scheduled to begin in September 2011. As part of a series of
training programs in the new curricula, the Ministry of Education
extended the Christmas vacation to allow teachers to attend four days
of obligatory training that included a session on avoiding language
that might offend the Turkish Cypriot community and contribute towards
the division of the island. In addition, the ministry developed
supplementary material for use by teachers that used a factual approach
to historical events and excluded language biased against Turkey and
the Turkish Cypriots.
Section 7. Worker Rights

a. The Right of Association.--All workers, except members of the
police and military forces, have the legal right to form and join
independent unions of their own choosing without prior authorization,
and workers did so in practice. Police officers could form associations
that had the right to bargain collectively. More than 70 percent of the
workforce belonged to independent unions. The law allows unions to
conduct their activities without interference, and the Government
generally protected this right in practice. With the exception of
members of the armed forces, police, and gendarmerie, all workers,
including migrant and foreign workers, have the right to strike;
authorities have the power to curtail strikes in ``essential
services,'' but this power was used rarely in practice. An agreement
between the Government and essential services personnel provides for
dispute resolution and protects workers in the sector.

b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining, and workers exercised this right in
practice. Although collective bargaining agreements are not legally
binding, their terms were effectively observed by employers and
employees. Collective bargaining agreements covered approximately 60
percent of workers, both citizen and foreign. Workers covered by such
agreements were predominantly in the larger sectors of the economy,
including construction, tourism, the health industry, and
manufacturing.
Antiunion discrimination is illegal, but union leaders contended
that private sector employers were able to discourage union activity
because the enforcement of labor regulations prohibiting antiunion
discrimination was sporadic and penalties for antiunion practices were
minimal.
There are no special laws for or exemptions from regular labor laws
in the export processing zone at the port of Larnaca.

c. Prohibition of Forced or Compulsory Labor.--The Government
prohibits forced or compulsory labor, including by children; however,
there were reports that women and children were trafficked for domestic
labor, and NGOs reported isolated cases of asylum seekers trafficked
for forced labor in agriculture. Also, please see the State
Department's annual Trafficking in Persons Report at www.state.gov/g/
tip.
The Ministry of Labor and Social Insurance experienced a
substantial increase in the number of complaints of labor exploitation.
Foreign workers, primarily from Eastern Europe and East and South Asia,
were reportedly forced to work up to 13 hours a day, seven days a week,
for very low wages. NGOs and the ombudsman confirmed that employers
often retained a portion of foreign workers' salaries as payment for
accommodations.
Many domestic workers were reluctant to report contract violations
by their employers out of fear of losing their jobs and consequently
their work and residency permits. An NGO reported that there were cases
of domestic workers whose travel documents were withheld by their
employers. On December 4, a Vietnamese housekeeper reported to the
police that her employer hit her and then two other men transferred her
to another location where they tied her up and beat her. The employer
and the two men were arrested and charged with abducting the woman and
causing her serious bodily harm. In November a Chinese domestic worker
reported to the police that her employer threw her in the swimming pool
and ridiculed her because she did not know how to swim. At year's end,
police were investigating a possible case of assault and humiliating
treatment against the employer; the woman was transferred to the
shelter for victims of trafficking.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the employment of children, defined as persons under 15,
except in specified circumstances, such as combined work-training
programs for children who have attained the age of 14 or employment in
cultural, artistic, sports, or advertising activities, subject to
certain rules limiting work hours. Nighttime work and engagement of
children in street trading is prohibited. The law also permits the
employment of adolescents, defined as persons between the ages of 15
and 18, provided it is not harmful, damaging, or dangerous, and also
subject to rules limiting hours of employment. Employment of
adolescents between midnight and 4:00 a.m. is not permitted. The
minimum age for employment in an ``industrial undertaking'' is 16.
The Government effectively enforced laws and policies to protect
children from exploitation in the workplace. Ministry of Labor and
Social Insurance inspectors are responsible for enforcing the child
labor laws and did so effectively. There were isolated examples of
children under 16 working for family businesses.

e. Acceptable Conditions of Work.--Although there is no national
minimum wage, there is a minimum wage for certain groups that are
deemed vulnerable to exploitation. The minimum wage for shop
assistants, nurses' assistants, clerks, hairdressers, and nursery
assistants was 835 euros (approximately $1,120) per month for the first
six months and 887 euros ($1,190) per month thereafter. This amount did
not provide a decent standard of living for a worker and family. For
asylum seekers working in the agricultural sector, the minimum monthly
wage was either 425 euros ($570) with accommodation and food provided
or 767 euros ($1,030) without accommodation and food. Neither amount
provided a decent standard of living for a worker and family.
The minimum starting salary for foreign nationals working as
housekeepers was 290 euros (approximately $390) per month, plus a
minimum of 120 euros ($160) for lodging if the worker was not a live-in
and an additional 16 percent for social insurance, which employers were
required to pay directly to the Government. Medical insurance, visa
fees, travel, and repatriation expenses are covered by the employers.
Cabaret performers' contracts typically stipulated that they receive at
least 205 euros ($275) per week for 36 hours of work. These wages did
not provide a decent standard of living for a worker and family.
Workers in almost all other occupations, including unskilled labor,
were covered under collective bargaining agreements. The wages set in
these agreements were significantly higher than the minimum wage.
Foreign workers were allowed to claim pensions, and in some cases
there were bilateral agreements that allowed workers to claim credit in
their home countries. Unions and labor confederations were generally
effective in enforcing negotiated wage rates (collectively bargained
rates), which were generally much higher than the minimum wage. The
Migration Service was responsible for enforcing the minimum wage for
foreign workers but did not actively do so.
The legal maximum workweek was 48 hours, including overtime. Unions
and employers within the same economic sector collectively determined
the actual working hours. In the private sector, white-collar employees
typically worked 39 hours a week, and blue-collar employees worked 38
hours a week. In the public sector, the workweek was 38 hours in the
winter and 35 hours in the summer. The law does not require premium pay
for overtime or mandatory rest periods; however, these benefits were
sometimes stipulated in contracts and collective agreements. The law
provides that foreign and local workers receive equal treatment. Labor
ministry inspectors are responsible for enforcing these laws. Labor
unions, however, reported enforcement problems in sectors not covered
by collective agreements. They also reported that certain employers,
mainly in the building industry, exploited illegal foreign workers by
paying them very low wages.
There were reports that foreign domestic workers, primarily from
East or South Asia, were mistreated by their employers or fired without
cause in violation of their contracts. Some domestic workers,
particularly live-in maids, reported working excess hours for employer
families at all times, night and day, without additional compensation
or time off. Although the law protects domestic workers who file a
complaint with the Ministry of Labor and Social Insurance from being
deported until their cases have been adjudicated, NGOs reported that
many domestic workers did not complain to authorities about
mistreatment due to fear of deportation.
Government inspectors of the Ministry of Labor were responsible for
enforcing health and safety laws. The Ministry of Labor and labor
unions reported that health and safety laws were satisfactorily
enforced but there was an increase in work-related accidents during the
year. Factory inspectors processed complaints and inspected businesses
to ensure that occupational safety laws were observed. Their
inspections were supported by close government cooperation with
employer and employee organizations. However, inspections did not occur
in private households where persons were employed as domestic servants.
Workers have the right to remove themselves from work situations
that endanger health or safety without jeopardy to their continued
employment, and authorities effectively enforced this right.
the area administered by turkish cypriots
Since 1974 the northern part of Cyprus, with a population of
approximately 265,000 persons according to 2006 data, has been run by a
Turkish Cypriot administration that proclaimed itself the ``Turkish
Republic of Northern Cyprus'' (``TRNC'') in 1983. The United States
does not recognize the ``TRNC,'' nor does any country other than
Turkey. Dervish Eroglu was elected ``president'' in 2010 in free and
fair elections. Elections to the ``Assembly of the Republic'' in April
2009 were also free and fair and resulted in the formation of a single-
party ``government'' of the UBP (National Unity Party). The 2010
municipal elections were generally free and fair. The ``TRNC
constitution'' is the basis for the ``laws'' that govern the area
administered by Turkish Cypriots. Police and security forces were
ultimately under the operational command of the Turkish military, per
transitional article 10 of the ``TRNC constitution,'' which cedes
responsibility for public security and defense ``temporarily'' to
Turkey.
There were problems in some areas, particularly police abuse of
detainees and prison conditions. There were restrictions on the rights
of asylum seekers and no regulatory infrastructure to handle asylum
applications or to protect the rights of asylum seekers. Trafficking in
persons continued to be a problem.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that authorities or their agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.
Authorities participated in the autonomous, tripartite (UN, Greek
Cypriot, Turkish Cypriot) UN Committee on Missing Persons (CMP) in
Cyprus as part of their continuing efforts to account for persons who
remained missing after the intercommunal violence in 1963-64 and the
conflict of 1974. In 2006 the CMP began its project to exhume,
identify, and return remains. As of year's end, the CMP had exhumed the
remains of 767 missing persons and returned the remains of 54 Turkish
Cypriots to their families. Exhumations continued in different parts of
the island. According to the CMP, 1,392 Greek Cypriots and 440 Turkish
Cypriots remained missing.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The ``law'' prohibits such practices; however, there were
reports that police abused detainees. The ``law'' does not refer to
``torture,'' which falls under the section of the criminal code that
deals with assault, violence, and battery.

Prison and Detention Center Conditions.--Prison conditions did not
meet international standards. Inmates complained of overcrowding at the
prison, but the authorities claimed that they addressed the problem.
During the year inmates also raised complaints via the media of
unsanitary living conditions, brutality, and prison authorities'
negligence, while wardens complained about intimidation and unruliness
by certain inmates. In the prison, which had a former capacity of 291
inmates, the introduction of a bunk-bed system in 2009 raised official
bed capacity to 427; of the 250 prisoners held there at year's end, 59
percent were foreigners, mostly Turkish citizens. Nine women prisoners
and seven juveniles were incarcerated. Approximately 34 percent of the
prisoners were awaiting trial.
Some former inmates complained to the press that sanitary
conditions were inadequate.
According to the authorities, prisoners and detainees were
permitted to both submit complaints to judicial authorities without
censorship and to request investigation of credible allegations of
inhumane conditions. Authorities reported they did not receive any
complaints. They stated that all prisoners were allowed religious
observance.
Prisoners were permitted access to visitors either once every 10
days or once every 30 days, depending on the prisoner's sentence type.
(Detainees and prisoners with light punishment could receive visitors
every 30 days while prisoners with ``stern penalties'' could receive
visitors every 10 days). Visits are limited to 30 minutes except during
holidays. Convicted inmates are allowed a maximum of 40 minutes of
phone calls four days a week; detainees are given access to phones
three days a week.
In August a Cameroonian asylum seeker, who had been arrested and
jailed in July for possessing fraudulent travel documents, claimed in a
media interview that he was beaten by the police and subjected to
racial slurs by other inmates and prison officials. He said he was
visited by UNHCR officials both while in prison and afterwards. The
Turkish Cypriot Human Rights Foundation filed complaints with the
prison authority, but no results were reported. During his detention,
the UNHCR's local implementing partner, the Refugee Rights Association
(RRA), prevailed upon a court to reverse the individual's deportation
order.
On June 4, a Turkish inmate attempted suicide in the Central Prison
and died in the Nicosia hospital the next morning. The press alleged
that the inmate had complained about brutality by wardens. The head of
the Wardens Union strongly denied the allegations and stated that the
inmate had psychological problems and had attempted suicide several
times before.
On February 25, the human rights NGO Platform for the Prevention of
Torture complained via the media that authorities did not permit visits
to investigate allegations of mistreatment and violence against
prisoners.
In October 2009 inmates went on a hunger strike to protest poor
living conditions, corruption, and mistreatment by custodial staff, as
well as negligence by the authorities.
In October 2009 an opposition ``member of parliament'' visited the
prison and told the press afterward that prison conditions were
unsatisfactory.
In November 2009 a riot broke out in the prison. The media reported
that inmates set a section of the prison on fire to protest the failure
of the warden and the ``government'' to improve conditions. One inmate
allegedly told his lawyer that the riot police who raided the prison
set the mattresses on fire.
In November 2009 the head of the Prison Wardens Union alleged that
visitors, lawyers, and civilian workers often entered the prison
unchecked and supplied inmates with drugs and cell phones.
In 2008 the media reported that a number of inmates were on a
hunger strike to protest poor living conditions. Later in 2008 a group
of inmates set their beds on fire to protest what they considered to be
severe punishment in the prison.
In September 2009 an anonymous 17-year-old former prisoner, who had
been convicted of theft and was recently released from the Nicosia
prison, told the media that custodial staff and inmates mistreated and
physically intimidated inmates convicted of rape. The youth also
claimed that police beat him when he was arrested and forced him to
sign false police-drafted testimony.
In response to a 2007 riot, prison authorities summoned the special
riot police to restore order; the riot police, however, allegedly
targeted not only rioters but the general prison population, beating
scores of prisoners with truncheons. After obtaining permission from
the ``Ministry of Interior,'' the Turkish Cypriot Doctors Association
examined prison inmates in 2008; of a random sample of 60 prisoners, 54
had heavy bruising on their legs consistent with blows from truncheons.
The ``prime minister'' subsequently announced that the police
intervention would be investigated; however, at year's end, there had
been no effective investigation of the events.
Juveniles were not held separately from adults.
During the year authorities permitted prison visits by local
journalists. In September a group of journalists from the daily
newspaper Kibris visited the prison and met with prisoners,
subsequently publishing a feature on their lives. In 2007 a group from
the Turkish Cypriot Doctors Association visited the prison to observe
and investigate. A group from the Turkish Cypriot Bar Association and
another from the Turkish Cypriot Human Rights Association visited the
prison in 2008. According to authorities, a number of foreign diplomats
visited the prison in 2009 to inspect prison conditions and to evaluate
the situation of some foreign prisoners.
The scope of the ombudsman's duties does not include advocating for
reduced or alternative sentences or addressing the status of juvenile
prisoners or improving detention/bail conditions.

d. Arbitrary Arrest or Detention.--The ``law'' prohibits arbitrary
arrest and detention, and authorities generally observed these
prohibitions.

Role of the Police and Security Apparatus.--Police are responsible
for law enforcement. The chief of police reports to a Turkish Cypriot
general, who is nominally under the supervision of the ``Prime
Ministry,'' holding the ``security portfolio.'' The police and security
forces are ultimately under the operational command of the Turkish
military, however, per transitional article 10 of the ``TRNC
constitution,'' which ``temporarily'' cedes responsibility for public
security and defense to Turkey. Security forces were generally
cooperative with civilian authorities and effective in matters of law
enforcement. The police are divided into eight functional divisions and
five geographic divisions.
The ``Office of the Attorney General'' continued to work with the
inspection division (or occasionally the criminal investigative
division) to investigate allegations of police misconduct. In contrast
to previous years, there were investigations of five officers
concerning the abuse of detainees during 2009. Following the
investigations, prosecutors dropped two of the cases; three cases were
still pending investigation because witnesses in each case were abroad.
In 2010, three cases of police misconduct/brutality were filed; one was
dropped after the investigation showed the claims were unfounded;
investigations in the other two cases were ongoing.

Arrest Procedures and Treatment While in Detention.--Judicially
issued arrest warrants are required for arrests. No person may be
detained longer than 24 hours without referral of the case to the
courts for a longer period of detention. Authorities generally
respected this right in practice. Detainees were usually informed
promptly of charges against them, although individuals believed to have
committed a violent offense were often held for longer periods of time
without being charged. Judges could order that suspects be held for
investigative detention for up to 10 days before formal charges are
filed, or up to three months for those accused of serious crimes.
According to ``legislation,'' any detained person must be brought
before a judge within 24 hours. The person can then be detained in
police custody for a period of up to three months, but a judge reviews
the detention every eight days. Bail was permitted and routinely used.
Detainees were usually allowed prompt access to family members and a
lawyer of their choice. The authorities provided lawyers to the
destitute for violent offenses only. Particularly at the time of
arrest, police sometimes did not observe legal protections. Some
suspects were not permitted to have their lawyers present when giving
testimony, in contravention of the ``law.'' Suspects who demanded the
presence of a lawyer were sometimes threatened with stiffer charges or
physically intimidated.
In September a citizen named Osman Kalkan told the press that he
was beaten in front of his son by officers at the Alaykoy police
station, where he had gone to make a complaint. Kalkan alleged that he
was hospitalized but that the police confiscated the medical report
produced by the doctor.
In February the chairwoman of the Turkish Cypriot Human Rights
Foundation asserted that there had been several cases of torture in
police custody. A lawyer with the organization opined in September that
allegations should be investigated by an independent body rather than
by police.
In February the lawyer of murder suspect Ferhat Beyoglu repeated
his claim that his client continued to be tortured in prison.
In June 2009 the chair of the Turkish Cypriot Bar Association told
the media that police commonly mistreated suspects and used violence to
coerce suspects to provide testimony.
In June 2009 the lawyer for three defendants in the Yucel Erol
murder case alleged that police repeatedly tortured his clients in
order to obtain confessions. The lawyer maintained that the defendants,
Mustafa Cavga, Hasan Nur, and Emin Ozbeyit, were subjected to severe
beating and threats while in detention. The judge ordered the suspects
to undergo a medical examination to substantiate the claim. The NGO
Torture Prevention Platform lobbied the ``attorney general'' to
investigate the claims but reported at year's end that no effective
investigation was conducted. In December 2009 there were media reports
that a former detainee claimed to have witnessed Hasan Nur being
tortured.
In April the lawyer for the defendants in the Erol case repeated
his claim that his clients were tortured in detention. Defendant
Mustafa Cavga claimed in court that police examiner Aslan Coskun
tortured him at police headquarters four times until he completed and
signed his initial statement. His claims were supported by a witness,
Rusen Yavuz, a former inmate who said that Cavga had been in the cell
next to his and was tied and suspended by his hands. In late April,
following statements by his lawyer and two witnesses, the court decided
that Cavga was neither tortured nor pressured. In September the case
was finalized and Hasan Nur was sentenced to 25 years' imprisonment,
while Cavga and Ozbeyit were each sentenced to 30 years.
In 2008 three Iranians arrested in Famagusta for possession of
opium complained in court that narcotics police tortured them to force
a guilty plea. Lawyers for two of the three suspects complained that
their clients were stripped naked and beaten in detention and pressured
to sign a statement. The judge ordered the suspects to undergo a
medical examination, which did not substantiate the defendants' claims,
and the trials proceeded. In June the ``Torture Prevention Platform,''
associated with the Turkish Cypriot Human Rights Foundation, filed an
official complaint with authorities related to the case. As of year's
end, no results had been reported.
In 2008 the lawyer representing Ferhat Beyoglu and Metin Taskin,
both accused murder suspects, claimed in court that police were using
torture to pressure his clients to plead guilty. The judge ordered a
medical examination, which did not substantiate the defendants' claims,
and the trials proceeded.

e. Denial of Fair Public Trial.--The ``law'' provides for an
independent judiciary, and authorities generally respected judicial
independence in practice.
Most criminal and civil cases begin in district courts, from which
appeals are made to the ``Supreme Court.'' There were no special courts
for political offenses. In 2007 ``legislation'' was passed transferring
jurisdiction from military to civilian courts in cases where civilians
are accused of violating military restrictions, such as filming or
photographing military zones.
In January 2009 the ECHR ruled against Turkey and in favor of an
applicant, Yasir Amer, who claimed that he had not been provided with a
translator and, therefore, had been denied the right to a fair trial as
provided under the European Convention on Human Rights. Amer had been
sentenced to life in prison for murdering a businessman in the northern
part of Cyprus. The ECHR ruled that there had been a violation of the
convention on account of the excessive length of the criminal
proceedings; the court awarded Amer 5,000 euros ($6,700) in
nonpecuniary damages and 2,000 euros ($2,680) for costs and expenses.

Trial Procedures.--The ``law'' provides for the right to a fair
trial, and an independent judiciary generally enforced this right. The
``TRNC constitution'' provides for public trials, the defendant's right
to be present at those trials, and the defendant's right to consult
with an attorney in a timely manner. Authorities provide lawyers to
indigent defendants only in cases involving violent offenses.
Defendants are allowed to question witnesses against them and present
evidence and witnesses on their behalf. The ``law'' also requires that
defendants and their attorneys have access to evidence held by the
``government'' related to their cases. Defendants enjoy a presumption
of innocence and have a right to appeal. Authorities generally
respected these rights in practice.
In 2008 the head of the Nicosia Bar, Baris Mamali, complained via
the media that protections of detainees' rights were not sufficiently
implemented, contravening articles 16-18 of the ``TRNC constitution.''
Mamali confirmed that legally granted rights, such as the right to
remain silent and the right to a lawyer, were not uniformly respected.
Mamali also stated that arbitrary and unjust arrests took place at
times.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--There was generally an
independent and impartial judiciary for civil matters, permitting
claimants to bring lawsuits seeking damages for human rights
violations. There were generally no problems enforcing domestic court
orders.

Property Restitution.--During the year Greek Cypriots continued to
pursue property suits against the Turkish government for the loss since
1974 of property located in the area administered by Turkish Cypriots.
Turkish Cypriots pursued claims against the Republic of Cyprus as well.
Under ECHR rules, as long as adequate local remedies exist, an
appellant does not have standing to bring a case before the ECHR until
that appellant exhausts all local remedies. In response to the ECHR's
2005 ruling, in the Xenides-Arestis case, that Turkey's ``subordinate
local authorities'' in Cyprus had not provided an adequate local
remedy, a property commission was established to handle claims by Greek
Cypriots; in 2006 the ECHR ruled that the commission had satisfied ``in
principle'' the ECHR's requirement for an effective local remedy. In a
March 2010 ruling, the ECHR recognized the property commission as a
domestic remedy. The Immoveable Property Commission (IPC) reportedly
received 840 applications by year's end and completed 202. Five
applicants received restitution of their properties outright (plus
compensation), one received restitution pending a future settlement of
the Cyprus problem, one accepted partial restitution, another received
full restitution, and 130 accepted compensation in lieu of restitution.
Two property exchange (plus compensation) decisions were also issued.
Two applications were rejected and 60 were revoked. As of year's end,
the commission had paid more than $75 million in compensation.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The ``law'' prohibits such actions; there were
reports, however, that police subjected Greek Cypriots and Maronites
living in the area administered by Turkish Cypriots to surveillance.
Although the authorities reported otherwise, a Maronite representative
asserted that 13 houses in the village of Karpasia were occupied by the
Turkish military during the year.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The ``law'' provides for freedom
of speech and of the press, and the authorities generally respected
these rights in practice, but journalists were at times obstructed in
their reporting, fined, and threatened with more serious charges.
Individuals were generally able to publicly criticize the
authorities without reprisal. In 2008, however, two youths were
arrested for forming a group on Facebook that involved ``gross personal
insults'' against then ``TRNC president'' Mehmet Ali Talat. The youths
were detained for three days and released pending trial. They were
tried on defamation charges and in April 2010 were sentenced to two
years of probation.
The independent media were active and expressed a wide variety of
views without restriction. International media were generally allowed
to operate freely. Bayrak Radyo Televizyon Kurumu (BRT) is the only
``government''-owned television and radio station.
In February a BRT program featuring an opposition Republican
Turkish Party (CTP) member who worked for another television channel
was taken off the air by the management. The BRT director claimed to
have acted in this manner because the program host had not informed him
about the guest; he asserted that it was an issue of internal
management and hierarchy.
In August 2009 a well-known Nicosia independent bookstore, Isik
Kitabevi, was damaged by an apparent arson attack. Then ``president''
Talat, then ``prime minister'' Dervis Eroglu, several ``members of
parliament,'' and NGOs criticized the attack. The bookstore moved
shortly after the attack to a new location and continued to operate. At
year's end, the bookstore had moved back to its original location, but
the case was dropped because no perpetrator was identified, and the
investigation did not yield any results.
In March 2009, in the run-up to the April 19 general elections, the
``Ministry of Finance,'' then controlled by the ruling CTP, demanded
that the highest-circulation newspaper, Kibris, immediately pay its tax
debt of 11 million Turkish lira ($7.3 million) to the ``government.''
According to the Kibris editor in chief, Resat Akar, the ``government''
also demanded that he resign or take a leave of absence until after the
elections. After negotiations with the ``ministry,'' the management of
Kibris agreed to pay the debt in several installments. Eventually, Akar
did leave his position during the elections; it is unclear whether this
was in response to the ``government's'' alleged demands.

Internet Freedom.--The authorities did not restrict access to the
Internet, and there were no reports that they monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail. The
Internet was easily accessible and widely available to the public.
According to a study conducted by the KADEM polling and research
company in November, 58 percent of the population used the Internet.

Academic Freedom and Cultural Events.--The authorities did not
restrict academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The ``law''
provides for freedom of assembly and association, and the authorities
generally respected this right in practice.
In November 2009 riot police used pepper spray to disperse a group
of trade unionists protesting against the ``government'' and arrested
16 of the demonstrators. The Turkish Cypriot Human Rights Foundation
issued a statement condemning the ``government'' and the police for
using brutality to suppress the demonstration, for wrongful arrests,
and for subsequent abuse of some of those arrested. At year's end, the
trials were ongoing, and the number of defendants had fallen to eight.
Prosecutors reviewed investigations of police use of disproportional or
extreme force and found them to be groundless.

c. Freedom of Religion.--For a complete description of religious
freedom, see the 2009 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The ``law'' provides for freedom of
movement within the area administered by Turkish Cypriots, foreign
travel, emigration, and repatriation, and authorities generally
respected these rights in practice.
Cooperation between the Office of the UN High Commissioner for
Refugees (UNHCR) and the Turkish Cypriot authorities was handled
through an intermediary NGO, due at least in part to complications
arising from the unrecognized status of the ``TRNC.'' No law exists
regarding the handling of asylum applications; therefore, the UNHCR
representative in Cyprus adjudicated asylum claims.
Greek Cypriots and Turkish Cypriots were required to show
identification cards when crossing the green line. Greek Cypriots and
foreigners crossing into the area administered by Turkish Cypriots were
also required to fill out a ``visa'' form.
In September 2009 confusion surrounding procedures to allow
worshipers to pass through the normally unused Limnitis/Yesilirmak
crossing to attend a mass at St. Mamas Church in the Turkish Cypriot-
administered area prevented some Greek Cypriot worshipers from
attending. Nevertheless, the mass took place, and hundreds of Greek
Cypriots who had entered through other crossing points participated.
In 2006 the immigration ``law'' was amended, and authorities
reported that all illegal immigrant workers were registered. According
to the new ``law,'' all employers who wish to import foreign workers
need official permission from the ``Department of Labor'' to register
them. As a result of the new ``law,'' the number of illegal workers,
and thus illegal immigrants, in the area administered by Turkish
Cypriots decreased dramatically. Authorities deported illegal
immigrants found without work permits. All illegal immigrants without
work permits were prohibited from entering the ``TRNC'' at the ports of
entry. Asylum seekers were generally treated as illegal immigrants and
were either deported or denied entry.
In March the ``labor minister'' announced that 2,000 illegal
workers had been deported in the previous four months.
Turkish Cypriots had difficulty traveling to most countries because
only Turkey recognizes travel documents issued by the ``TRNC.'' Some
Turkish Cypriots used Turkish travel documents, but many obtained
travel documents issued by the Republic of Cyprus. Turkish Cypriots
born after 1974 to parents who were both Republic of Cyprus citizens
before 1974 obtained passports relatively easily, compared with Turkish
Cypriots born after 1974 to only one Cypriot parent. Children of
Turkish Cypriot mothers and Turkish fathers were reportedly usually
denied citizenship by Republic of Cyprus authorities. Children of
Turkish Cypriot fathers and Turkish mothers reportedly also faced some
obstacles. According to a 2008 interview with the Kibris newspaper, a
Republic of Cyprus official stated that non-Cypriot spouses of Turkish
Cypriots would not be eligible for passports if their marriage ceremony
took place in the ``TRNC'' and that any children resulting from such
marriages would also be ineligible to receive Republic of Cyprus
passports.
The ``law'' prohibits forced exile, and the authorities did not
employ it.

Internally Displaced Persons (IDPs).--Although they would fall
under the UN definition of IDPs, Turkish Cypriots considered persons
displaced as a result of the division of the island to be refugees.
These persons and their descendants numbered approximately 90,000 to
100,000 in the north. They were resettled, had access to humanitarian
organizations, and were not subject to attack, targeting, or return
under dangerous conditions.

Protection of Refugees.--The 1951 Convention relating to the Status
of Refugees is incorporated into Turkish Cypriot domestic ``law,'' as
were all other laws adopted during pre-1963 British colonial rule and
later ``ratified'' by the Turkish Cypriot administration. Authorities
admitted that they had no ``law'' or system in place for dealing with
asylum seekers or the protection of refugees and stated that asylum
applications were systematically rejected. Potential asylum seekers who
attempted to enter the area administered by Turkish Cypriots illegally
were almost always arrested, taken to court, and deported after serving
their sentence. During the year, however, authorities facilitated the
access of 33 asylum seekers and five refugees to the UNHCR
representatives in the UN-buffer zone.
In practice authorities did not provide protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened. Individuals who requested asylum were
supposed to be directed to the UNHCR or its local implementing partner,
the Refugee Rights Association (RRA). However, authorities often
refused to grant asylum seekers access to the RRA, refused their entry,
treated them as illegal immigrants, and denied them the opportunity to
apply for asylum through the UNHCR.
The RRA was affiliated with the Turkish Cypriot Human Rights
Foundation in the area administered by Turkish Cypriots. Only the UNHCR
representative can consider applicability of the 1951 convention; the
RRA's mission was to monitor and identify individuals who want to apply
for asylum, to refer them to the UNHCR, to advocate to the Turkish
Cypriot administration not to deport such individuals but instead to
provide protection for the prospective applicants, and to facilitate
their accommodation and employment. According to the RRA, at year's
end, 24 asylum seekers and five refugees were residing and working (for
below-minimum wages and sometimes in exchange for food) or attending
school in the area administered by Turkish Cypriots. They could not
travel abroad because they would be unable to return due to their lack
of status, which rendered them illegal according to Turkish Cypriot
immigration rules. The UNHCR did not provide financial assistance to
asylum seekers except in exceptional cases. There were no reliable
estimates of the number of asylum seekers crossing into the Government-
controlled areas, since irregular crossings go unrecorded.
In February the chairwoman of the Turkish Cypriot Human Rights
Foundation asserted to the media that several immigrants had been given
jail sentences although the ``law'' clearly stated that immigrants
should not be imprisoned.
In August a number of asylum seekers and refugees interviewed by a
local daily recounted stories of mistreatment and poor living
conditions in the north. According to the article, five refugees and 11
asylum seekers present in the north at time of reporting were
neglected, some of them jailed for ``illegal entry'' and at times
separated from their children.
In February 2009 Kivanc Aktug, the head of the NGO Human Relief
Mission, the former implementing partner of the UNHCR in the area
administered by the Turkish Cypriots, was arrested by Turkish Cypriot
``police'' for smuggling asylum seekers into the Government-controlled
area. According to media reports, Aktug was working as part of a ring
of human smugglers. Following the arrest, the UNHCR Representative's
Office publicly stated that it had stopped working with the NGO as its
implementing partner at the end of 2008. Aktug was detained for three
days and released on bail pending trial. The investigation has been
completed, and a number of cases against Aktug were still pending in
the Nicosia court.
The RRA stated that, despite its efforts, authorities at ports
often denied entry to asylum seekers, and those trying to enter the
``TRNC'' illegally were usually detained and subsequently deported. The
RRA complained that authorities usually denied asylum seekers access to
the RRA's lawyers and vice versa.
During the year several Iraqis and Palestinians were denied entry
and deported. However, the RRA reported that several deportation orders
were successfully canceled. Five women--four Palestinian and one
Nigerian--sought asylum during the year, but authorities in the area
administered by Turkish Cypriots declared them prohibited migrants due
to migration offenses and issued deportation orders. The women were
subsequently assisted by the RRA and the UNHCR and permitted to seek
asylum with the Republic of Cyprus. The cases of eight other Iraqi
asylum seekers were still pending in the ``TRNC courts'' at year's end.
Four asylum seekers were deported during the year despite their
status. At year's end, 24 asylum seekers (eight Palestinians, three
Nigerians, one Cameroonian, one Iranian, nine Iraqi, one Turkmen and
one Bangladeshi) continued to reside in the north, working or attending
school. At year's end, there were one Afghan and four Palestinian
refugees present in the area administered by Turkish Cypriots.
In September 2009 the chair of the Turkish Cypriot Human Rights
Foundation complained through the media about systematic deportation of
asylum seekers and refugees despite laws against such treatment in the
Turkish Cypriot ``legislation'' and accused authorities of negligence
and using the unrecognized status of the ``TRNC'' as an excuse for not
abiding by international rules and practices.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The ``law'' provides Turkish Cypriots the right to change their
``government'' peacefully, and they exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.

Elections and Political Participation.--Turkish Cypriots choose a
leader and a representative body every five years or less. The 2009
``parliamentary'' elections, which were free and fair, resulted in the
formation of a single-party ``government'' of the National Unity Party
(UBP).
Greek Cypriots and Maronite residents were prohibited from
participating in Turkish Cypriot ``national'' elections; they were
eligible to vote in Greek Cypriot elections but had to travel to the
Government-controlled area to exercise that right. Greek Cypriot and
Maronite enclave communities in the area administered by Turkish
Cypriots directly elected municipal officials. Turkish Cypriot
authorities did not recognize these officials.
Authorities did not restrict the political opposition, and
membership or nonmembership in the dominant party did not confer formal
advantages or disadvantages; there were widespread allegations,
however, of societal cronyism and nepotism.
There were four women in the 50-seat ``parliament.'' There were no
minorities represented in the ``parliament.''
Section 4. Official Corruption and Government Transparency
The ``law'' provides criminal penalties for official corruption;
however, authorities did not implement the ``law'' effectively, and
officials sometimes engaged in corrupt practices with impunity.
Corruption, cronyism, and lack of transparency were generally perceived
to be serious problems in the legislative and executive branches.
The ``government'' stated several times since April 2009 that once
it formed a regulatory board for corruption matters, it would
investigate corruption allegations regarding the Evkaf Foundation, the
Electricity Authority, the ``ministries'' of finance and health, and
the cooperative central bank. In August 2009 the ``government'' drafted
and passed ``legislation'' to create a ``regulatory commission'' to
investigate corruption allegations; in October 2009 the law was
referred to the ``Constitutional Court'' by then ``president'' Talat
and found ``unconstitutional.'' Some lawyers criticized the
``government'' through the media for stalling necessary investigations
and waiting for the board to be established instead of tasking the
``Attorney General's Office'' to investigate corruption allegations.
In 2008, after a lengthy trial, a public servant was sentenced to
four years in prison for defrauding the state electricity authority in
1998-2000. During the year, six additional public servants from the
Electricity Authority were convicted and sentenced to various prison
terms in the same case. Several of them appealed, and in September 2009
the appeals court overturned the conviction of Senel Ortan, who had
been sentenced to six years in prison.
Also in 2008 the media reported that 116 corruption and abuse cases
documented by the Court of the Exchequer since 1986 were still awaiting
review by the ``parliament.''
Opposition parties continued to claim that the ``government''
primarily hired supporters of the ruling party for public sector jobs
during the year. In September several newspapers received and published
complaints from villagers in Iskele and Karpaz who accused the ruling
UBP ``government'' of firing members or supporters of opposition
parties from local public jobs and replacing them with UBP members and
supporters and relatives of local UBP ``members of parliament,''
mayors, and branch chiefs.
The ``constitution'' provides for the right of free access to
``government'' information, and the ``Right of Access to Information
Law'' provides for public access. In practice, however, civil servants
were not allowed to provide access to ``government'' documents without
first obtaining permission from their directors or ``minister.'' There
were some complaints by NGO representatives about being denied access
to ``government'' information during the year. ``Member of parliament''
Mehmet Cakici unsuccessfully attempted to follow the steps prescribed
by the ``law'' to gain access to information and statistics regarding
alleged mismanagement of the public employees' retirement fund. In
2009, he took the case to the ``Attorney General's Office,'' where it
was pending at year's end.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic human rights groups operated in the area
administered by Turkish Cypriots; one NGO asserted that it faced
restrictions when investigating human rights cases. The international
NGO Minority Rights Group International was also active in the area
administered by Turkish Cypriots, conducting research, capacity-
building, and implementing advocacy campaigns under an EU grant.
Authorities' cooperation with NGOs was inconsistent.
Many local human rights groups were concerned with improving human
rights conditions in the area administered by Turkish Cypriots. NGOs
included groups promoting awareness of domestic violence; women's
rights; rights of asylum seekers, refugees, and immigrants; trafficking
in persons; torture; and lesbian, gay, bisexual, and transgender
persons' rights. These groups were numerous but had little impact on
specific ``legislation.'' A few international NGOs were active in the
area administered by Turkish Cypriots, but many were hesitant to
operate there due to political sensitivities related to working in an
unrecognized area.
The UN, through the CMP, continued its efforts to account for
persons missing after the intercommunal violence beginning in 1963-64
and the conflict of 1974.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The ``law'' prohibits discrimination based on race, gender,
disability, language, or social status. Authorities generally enforced
these prohibitions.

Women.--The ``law'' provides no minimum sentence for individuals
convicted of rape, including spousal rape; the maximum sentence is life
imprisonment. The authorities and police effectively handled and
prosecuted rape cases, including cases of spousal rape. There were no
NGOs whose specific mission was to support rape victims.
Violence against women, including spousal abuse, was a problem. The
``law'' prohibits domestic violence under a general assault/violence/
battery clause in the criminal code. Even though allegations of
domestic violence were usually considered a family matter and settled
out of court, 29 domestic violence cases were tried during 2009; all of
these were completed during the year and all resulted in various fines
and bail but no prison sentences. During the year prosecutors brought
nine cases of domestic violence, and all were in the trial process at
year's end. Authorities considered a case more credible if there was at
least one witness in addition to the victim.
In December 2009 an academic expert complained that domestic
violence was not defined specifically in the ``law'' and that certain
requirements for the protection of women's rights--such as rights to
education, rehabilitation services, and special units in police and
health departments--were not met.
The ``law'' does not specifically prohibit sexual harassment, but
victims could pursue such cases under other sections of the ``law.''
Sexual harassment was not discussed widely, and any such incidents
largely went unreported.
Couples and individuals were able to freely decide the number,
spacing, and timing of their children, and had access to contraception,
skilled attendance during childbirth, and obstetric and postpartum
care.
Women generally have the same legal status as men under property
``law,'' family ``law,'' and in the ``judicial system.'' ``Laws''
requiring equal pay for men and women performing the same work were
generally enforced at the white-collar level; however, women working in
the agricultural and textile sectors were routinely paid less than
their male counterparts. Several NGOs worked to protect women's rights
but there was no specific ``government'' agency that had this
responsibility.

Children.--``Citizenship'' is derived from one's parents, and there
is universal birth registration at the time of birth.
Turkish Cypriot ``authorities'' continued to screen all textbooks
sent to the Rizokarpasso Gymnasium, a Greek Cypriot school, but did not
send textbooks deemed derogatory back to the Government-controlled
area.
One NGO and the media reported that child labor was a growing
problem. According to reports, exploited children were mostly from
mainland Turkey.
There were some media reports of child abuse, most commonly in the
form of sexual battery or rape. As with domestic violence, there were
social and cultural disincentives to seek legal remedies for such
problems, which observers believe were underreported.
In December the NGO Social Risks Prevention Foundation established
a 24-hour hotline for reporting child abuse.
The ``criminal code'' penalizes sexual relations with underage
girls. The maximum penalty for sex with a girl under the age of 13 is
life imprisonment. The maximum penalty for sex with girls older than 13
but younger than 16 is three years' imprisonment. There are no ``laws''
regarding child pornography.

Anti-Semitism.--The Jewish community was very small and composed
primarily of nonresident businesspersons. A synagogue that opened in
2008 in Kyrenia held services regularly. There were no reports of anti-
Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the State Department's annual Trafficking in Persons Report
at www.state.gov/g/tip.

Persons With Disabilities.--The ``law'' prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities in employment, education, access to health care, or in the
provision of other ``state'' services, and in practice the authorities
effectively enforced these provisions. The ``government'' employed 605
persons with disabilities and provided financial aid to the other 3,444
of the 4,049 known persons with disabilities in the area administered
by Turkish Cypriots. The ``law'' does not mandate access to public
buildings and other facilities for persons with disabilities.

National/Racial/Ethnic Minorities.--The ``law'' prohibits
discrimination, and the 1975 Vienna III Agreement remains the legal
source of authority regarding the treatment of Greek Cypriots and
Maronites; however, authorities' noncompliance with some of the
agreement's provisions made life difficult for the 342 Greek Cypriot
and 110 Maronite residents.
Under the Vienna III Agreement, the UNFICYP visited the Greek
Cypriot residents of the enclave weekly and the Maronites twice a
month; any additional visits had to be preapproved by the authorities.
Although the Vienna III Agreement provides for medical care by a doctor
from the Greek Cypriot community, the authorities only permitted such
care by registered Turkish Cypriot doctors; enclaved persons also
traveled to the Government-controlled area for medical care.
Greek Cypriots and Maronites were able to take possession of some
of their properties but were unable to leave any of their properties to
heirs residing in the Government-controlled area. A Maronite
representative asserted that Maronites were not allowed to bequeath
property to their heirs who do not reside in the area administered by
Turkish Cypriots and possess ``TRNC'' identification cards. The
authorities allowed the enclaved residents to make improvements to
their homes and to apply for permission to build new structures on
their properties. Maronites living in the Government-controlled area
could use their properties only if those properties were not under the
control of the Turkish military or allocated to Turkish Cypriots.
A majority of foreign workers in the area administered by Turkish
Cypriots were Turkish. One NGO reported that Turkish workers were often
targeted by police investigations during the year. The same NGO also
reported that many Turkish workers lived in derelict buildings in
Nicosia, with up to 20 persons sleeping in one room. Those working in
the agricultural and construction sectors were reportedly forced to
sleep on the ground, and those working in restaurants were seen
sleeping after hours on chairs in the establishments where they worked.
During the year many Turkish women were employed as cleaners
without being registered for social insurance. A growing number of
families employed women from Turkmenistan and the Philippines as
domestic workers and for child care.
In February three sisters of Kurdish origin who were working at a
duty-free shop at Ercan Airport were fired. The media reported that the
young women were fired because they were Kurdish. The airport security
manager claimed that the police did not approve the renewal of the
women's airport identity credentials.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Male homosexual activity is
criminalized in the area administered by Turkish Cypriots under a
general sodomy statute that excludes female homosexual activity. The
maximum penalty is 14 years' imprisonment. Homosexuality remained
highly proscribed socially and rarely discussed. Very few lesbian, gay,
bisexual, or transgender (LGBT) persons were publicly open about their
sexual orientation.
In 2008 members of the LGBT community, including some NGOs, started
a group, the Initiative Against Homophobia, aimed at legal reform and
reducing homophobia. There were no reported impediments to its
operation or free association, and it was officially accepted and
registered as an association in March 2009. An informal LGBT group, the
Short Bus Movement, organized cultural activities, such as film
screenings. During the year neither police nor ``government''
representatives engaged in or condoned violence against the LGBT
community.
While there were no recorded cases of official or societal
discrimination based on sexual orientation in employment, housing,
statelessness, access to education, or health care, some members of the
LGBT community explained that an overwhelming majority of LGBT persons
hide their sexual orientation to avoid such problems. They also
complained that there is no specific antidiscrimination law for LGBT
persons.

Other Societal Violence or Discrimination.--There were no reports
of discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--All workers except members of the
police and military forces have the legal right to form and join
independent unions of their own choosing without prior authorization,
and workers did so in practice. Fewer than 10 percent of private sector
workers and more than 65 percent of semipublic and public sector
workers belonged to labor unions. The ``law'' allows unions to conduct
their activities without interference, and the authorities generally
protected this right in practice.
Although the ``law'' provides for the right to strike, employers
have an unrestricted right to hire replacement workers in the event of
a strike, which limited the effectiveness of this right in practice.
The ``law'' does not permit essential service workers, namely judges
and members of the police and armed forces, to strike. Authorities have
the power to curtail strikes in ``essential services.''
In June the ``government'' prohibited a strike by the
``parliament's'' employees union (Mec-Sen), postponing it for 60 days.
In February the ``government'' also prohibited a strike by Cyprus
Turkish Airlines employees, postponing it for 60 days. The strikes did
not take place 60 days later.
Some companies pressured workers to join unions led or approved by
the company. Officials of independent unions claimed that the
authorities created rival public sector unions to weaken the
independent unions.

b. The Right to Organize and Bargain Collectively.--The ``law''
provides for collective bargaining, and workers exercised this right in
practice. The 26,000 public and semipublic employees who made up
approximately 30 percent of the work force benefited from collective
bargaining agreements.
The ``law'' does not prohibit antiunion discrimination, and union
leaders claimed that private sector employers were able to discourage
union activity because the enforcement of labor regulations was
sporadic and penalties for antiunion practices were nominal.
There are no special ``laws'' for or exemptions from regular labor
``laws'' in the export processing zone at the port of Famagusta.

c. Prohibition of Forced or Compulsory Labor.--The authorities
prohibited forced or compulsory labor, including by children, but there
were reports that such practices occurred. Migrant workers in the
construction and agricultural sectors were subjected to reduced wages
and nonpayment of wages, beatings, and threats of deportation. One NGO
asserted that there were cases of forced labor in the agricultural and
domestic service sectors.
Also, please see the State Department's annual Trafficking in
Persons Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
``laws'' generally provide protection for children from exploitation in
the workplace. In contrast to previous years, NGOs alleged that
authorities did not always effectively enforce these ``laws'' and that
children, mainly from Turkey, were being used for labor, primarily in
the agricultural sector along with their families and in manufacturing.
According to accounts by the Turkish Cypriot Human Rights
Foundation, child labor in the urban informal economy was also a
problem, albeit to a lesser extent than in the agriculture and in
manufacturing sectors.
The minimum age for employment in an ``industrial undertaking'' is
15, the last year for which education is compulsory, and children may
be employed in apprentice positions between the ages of 15 and 18 under
a special status. Labor inspectors generally enforced the ``law''
effectively. It was common in family-run shops for children to work
after school, and children as young as 11 worked in orchards during
school holidays.
The ``Ministry of Labor'' is responsible for enforcing child labor
``laws'' and policies, and they were generally enforced in practice.
The ``ministry'' held monthly inspections and kept statistics of its
findings. In 2009 inspectors identified 425 workers without work
permits. The authorities fined 182 employers and companies for failures
to comply with the ``law,'' but their enforcement of the rules and
requirements was generally perceived to be inadequate.
In August the ``Ministry of Labor'' established a ``street support
team'' to prevent child labor and other abuse of children. The team is
responsible for identifying child abuse; it urged the public to report
any such abuse.

e. Acceptable Conditions of Work.--In December the minimum wage was
raised to 1,300 lira ($837) per month, which did not provide a decent
standard of living for a worker and family. Migrant workers often were
offered substandard accommodations as part of their compensation or
were made to pay for accommodation. The ``Ministry of Labor and Social
Security'' is responsible for enforcing the minimum wage; however, it
was widely reported that illegal foreign workers were generally paid
below the minimum wage.
In July the ``government'' changed the legal maximum workweek from
38 hours in the winter and 36 hours in the summer to 39 hours at all
times of the year as part of an austerity measures package. The new
workweek went into effect in November despite trade union protests
asserting that according to the ILO, the maximum workweek cannot exceed
37.5 hours. Labor inspectors generally enforced these ``laws,'' except
in the case of migrant workers, who worked irregular hours and at times
were reportedly required by their employers to work up to 14 hours per
day, seven days a week. The ``law'' requires overtime pay, but it was
not uniformly enforced.
Authorities sporadically enforced occupational safety and health
regulations. Although factory inspectors processed complaints and
inspected businesses to ensure that occupational safety ``laws'' were
observed, workers who filed complaints did not receive satisfactory
legal protection and could face dismissal. Workers did not have the
legal right to remove themselves from situations that endangered health
or safety without risking their continued employment.

__________

CZECH REPUBLIC

The Czech Republic is a multiparty parliamentary democracy with a
population of approximately 10.2 million. Legislative authority is
vested in the bicameral parliament, consisting of a Chamber of Deputies
(Poslanecka snemovna) and Senate (Senat). The president, elected every
five years by parliament, is head of state and appoints a prime
minister from the majority party or coalition. In 2008 the bicameral
parliament elected Vaclav Klaus as president for a second term. The
elections for the Chamber of Deputies on May 28-29 were considered to
be free and fair, as were elections on October 22-23 for one-third of
the seats in the Senate. A coalition government, consisting of three
center-right parties--the Civic Democratic Party (ODS), the Tradition
Responsibility Prosperity party (TOP 09), and Public Affairs (VV)--is
led by Prime Minister Petr Necas (ODS). Security forces reported to
civilian authorities.
Notable human rights problems included official corruption,
trafficking of persons for commercial sexual exploitation and labor,
neo-Nazi and nationalist extremism directed at Roma and other
minorities, and societal discrimination against Roma.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings during the year.
In January 2009 a Vietnamese man died in police custody in Brno.
Police beat the man, a suspected heroin dealer, in his apartment. In
August three police officers were convicted of abuse of power; one
received a prison sentence of three and a half years, while the other
two received a suspended sentence of three years and were prohibited
from serving as public officials for five years. In December the police
officers appealed the verdict citing new evidence.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and there were no
reports during the year that government officials employed them;
however, coerced sterilization of women and surgical castration of male
prisoners convicted of sexual offenses were reported in previous years.
In 2008 the nongovernmental organization (NGO) Group of Women
Harmed by Sterilization (WHS) reported that its field research
uncovered two cases of coerced sterilization in 2007 and 2008. The WHS
has reported no new cases after 2008. The alleged case in 2008 involved
a 19-year-old Romani woman from Karvina. After a detailed joint
investigation with the Karvina hospital, the WHS concluded that the
woman had not been sterilized. In the 2007 case, a social worker
allegedly warned the victim that, if she did not undergo sterilization,
two of her children would be placed in state care. Police began
investigating the case in August 2009. That same month the Budapest-
based European Roma Rights Center (ERRC) provided legal representation
for the victim. The WHS reported that the police closed the
investigation in November 2009 after interviewing the woman, the social
worker, representatives from WHS, and others finding no evidence of a
crime. The woman has since formally withdrawn her accusation.
In November the UN Committee on Elimination of Discrimination
against Women urged the Czech Republic to adopt legislative changes to
prevent future coercive sterilizations and to address those that have
already occurred. Specifically the committee urged the Government to
extend the three-year statute of limitations for bringing compensation
claims in these cases and ensure that any time limit starts from the
time of discovery of the consequences of the sterilization by the
victim rather than from the time of injury. Furthermore, the committee
recommended that the Czech Republic consider establishing an ex-gratia
compensation procedure for victims of coercive sterilization whose
claims have lapsed.
In 2009 the WHS also identified 20 previously unreported cases of
women, both Roma and non-Roma, who alleged they had been sterilized
without informed consent, some before 1989 and others in the 1990s. The
WHS, in cooperation with the ERRC, sent formal complaints to the
regional health authorities on behalf of the alleged victims to
determine whether the hospitals performed sterilizations and, if so,
whether they occurred without informed consent. Health authorities
rejected 17 of the complaints because the clinics in question were
operated directly at the national level by the Ministry of Health and
not the regional authorities or because information was lacking. Three
other cases were still pending at year's end.
The Ostrava Regional Court ruled in 2008 that a local hospital was
liable for a wrongful sterilization performed on a Romani woman, Iveta
Cervenakova, 11 years prior and recognized her right to financial
compensation of 500,000 korunas (approximately $27,600) and an apology.
The hospital appealed to the Olomouc High Court, which ruled in 2008
that Cervenakova was not entitled to financial damages because the
deadline for making such claims had passed. However, the high court
upheld the requirement that the hospital apologize, which it did. In
December 2009 the Supreme Court in Brno rejected Cervenakova's appeal,
and in July she filed an appeal with the European Court of Human Rights
(ECHR) in Strasbourg, which was pending at year's end.
In October 2009 the Supreme Court dismissed a claim by Romani
Helena Ferencikova, who demanded financial compensation from a hospital
that performed an unwanted sterilization on her. In November 2009 the
interim government officially expressed regret over unauthorized
sterilizations of women, mostly Romani women.
In October 2009 a delegation from the Council of Europe's Committee
for the Prevention of Torture (CPT) visited the country to follow up on
concerns over the Government's program of surgical castration of sex
offenders. According to the Health Ministry, 94 sex offenders underwent
surgical castration in the 10 years prior to April 2008. The CPT
assessed that patients did not give free and informed consent to
surgical castration and found the practice to be ``degrading.'' The CPT
reported that in 50 percent of cases it reviewed, surgical castration
was carried out on nonviolent offenders. The Government denied that
surgical castrations are ``degrading'' and did not end the practice; it
did, however, publish guidelines for judiciary and healthcare officials
outlining clear and strict requirements for the castration procedure
and ensuring informed consent of sex offenders. In its report on the
2009 visit, the CPT discussed again concerns related to its inspection
team members' access to medical documentation without prior patient
agreement. Czech privacy laws prohibit the release of an individual's
medical information without consent. The CPT called on the Government
to end immediately the use of surgical castration for the treatment of
sex offenders and criticized the Government for withholding medical
records and providing inaccurate information on a number of occasions
before, during, and after the visit.
The CPT also criticized the context in which prisoners were offered
the choice of castration or imprisonment, noting in its 2008-09 General
Report that it was questionable whether consent to surgical castration
will always be truly free and informed. Reporting on its findings
during a separate visit to the country in 2008, the CPT noted that ``a
situation can easily arise whereby patients or prisoners acquiesce
rather than consent, believing that it is the only available option to
them to avoid indefinite confinement.'' In response the Government
stated that according to the law all patients must request the
castration in writing and have their cases approved by an independent
expert commission. It did not, however, address whether these laws were
respected in practice. The Government did not consider the CPT's
findings sufficient reason to abandon the sterilization program.

Prison and Detention Center Conditions.--Prison and detention
center conditions met most international standards. The Government
permitted visits by independent human rights observers, and such visits
occurred during the year. However, prison overcrowding remained a
problem.
The report by the CPT regarding its 2008-09 visit to the country
identified several problems in Valdice Prison, which accommodated
persons sentenced to life imprisonment as well as troublesome or
dangerous high-security prisoners. It found that the treatment and
conditions of detention of these prisoners continued to raise serious
problems. These included concerns about physical and sexual abuse of
vulnerable prisoners; failure to integrate prisoners sentenced to life
imprisonment with the general prison population; the lack of a process
for prisoners to appeal their placement in Section E, which holds the
more violent criminals; and unresponsive staff. In response, the
Government replaced a substantial part of its prison staff.
In September the prison population was 111 percent of the intended
capacity of the facilities. The number of prisoners has increased
steadily since 2002. As of August there were 21,979 prisoners in the
country's prisons, of which 1,424 were women, 16 were juveniles, and
2,500 were pretrial detainees of both sexes. Of convicted prisoners, 61
percent had some type of employment in the prison to earn money.
Prisoners and detainees had reasonable access to visitors (three
hours per week) and are permitted religious observance of their
choosing. Authorities permitted prisoners and detainees to submit
complaints to the Office of the Ombudsman without censorship, and the
ombudsman investigated credible allegations of inhumane conditions in
addition to his systematic prison control visits. In the first nine
months of the year, the ombudsman received approximately 190 complaints
regarding the prison service, including the high price of goods in the
prison shop, inability to receive non-Czech cigarettes, and the use of
shackles on prisoners considered to be extremely dangerous. In addition
to prison visits, the ombudsman began monitoring cell conditions in
police stations. In the first nine months, he visited 184 cells in 52
police stations.
The Government permitted independent monitoring of prison
conditions by local and international human rights groups and the
media. According to the Czech Prisons Service, there were numerous
media visits to prisons during the year. All requests for visits were
granted.
The Government was in the process of building additional prison
cells with the goal of increasing the average prison cell size from 43
to 65 square feet per prisoner and to decrease prison overcrowding.
The Czech Helsinki Committee also found continued prison
overcrowding to be a problem and reported an increased number of
complaints regarding health care in prisons. During their visits they
found that hygienic conditions worsened in several prisons in late
2010, and the number of tuberculosis cases increased.
On January 1, the Government amended the criminal code to allow
house arrest as a measure designed to alleviate to prison overcrowding.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government observed these prohibitions.

Role of the Police and Security Apparatus.--The national police are
responsible for enforcing the law and maintaining public order. Salary
cuts at the Ministry of the Interior following government-wide fiscal
austerity measures resulted in a lowered rate of retention among the
national police force, especially among experienced detectives, which
hampered the effectiveness of their work. Corruption remained a problem
among law enforcement bodies. The Ministry of the Interior oversees
police actions and is responsible for investigating allegations of
police misconduct. Observers believed that the ministry sometimes
whitewashed wrongdoing or prematurely terminated investigations of
units under its control.
On October 5, the Ministry of the Interior announced the
reorganization of the Foreigners' Police, an independent police force
that handled all applications for and problems with long-term
residency. Their responsibilities and some personnel will be
distributed to regional police offices, effective January 1, 2011, in
an effort to improve the quality of immigration and residency
procedures. The change responded to numerous allegations made by the
Government and NGOs of corruption and inefficiency within the
Foreigners' Police.

Arrest Procedures and Treatment While in Detention.--Police arrest
persons accused of criminal acts using warrants issued by a judge. The
accused person must be turned over to a court within 24 hours, and a
judge must question and decide whether to hold the individual further
within 24 hours.
Police may arrest a person without a warrant under a number of
circumstances: when they believe a prosecutable offense has been
committed; when they consider it necessary to prevent further offenses
or destruction of evidence; when they need to protect a suspect; or
when a person refuses to obey police orders to move. Suspects arrested
without a warrant must be informed promptly of the reason for their
arrest, questioned, and either released within 48 hours or turned over
to a court. If turned over to a court, a judge must decide whether to
charge the individual within 24 hours. Only a person who has been
charged with a crime may be held in custody.
A defendant in a criminal case has the right to choose a lawyer or
have one provided by the state. The court determines whether attorneys'
fees will be partially or fully covered by the state. The law provides
for bail except for serious crimes or to prevent witness tampering. The
authorities respected these rights in practice.
The Ministry of Justice, which oversees the prison system, also
inspected prisons throughout the year. However, investigations into
complaints by prisoners are conducted by the Ombudsman's office. NGOs,
such as the Helsinki Commission, also monitored prison conditions.
Lengthy pretrial detention was a problem; however, the situation
was reportedly improving. Under the law, pretrial detention may last no
longer than two years except for ``exceptionally grave'' offenses.
According to prison service data for the first six months of the year,
the average length of pretrial detention was 94 days. A suspect may
petition investigating authorities at any time for release from
detention.

Amnesty.--The president granted amnesty to 69 persons for
humanitarian reasons in 2009 and 38 in the first nine months of 2010.

e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice; however, political pressure occurred in some
instances and judicial effectiveness was hampered by complicated
procedural rules that at times delayed judgments for years. Structural
deficiencies and a lack of sufficient specialized judicial training
also contributed to delays and undermined effectiveness.

Trial Procedures.--The laws provide for the right to a fair trial,
and the independent judiciary generally enforced this right.
Defendants enjoy a presumption of innocence. Trials are public.
Juries are not used. In serious cases a panel of three judges rules on
the guilt or innocence of the defendant, while a single judge hears
less serious cases. In trial courts (on the district level) the panel
of judges is composed of one professional judge, who is the chair, and
two lay judges identified from the public. Appeals and cases
originating in regional courts have only professional judges.
Defendants have the right to be present at trial and to consult an
attorney; the Government provides an attorney without charge to
defendants who cannot afford one. Defendants may confront adversarial
witnesses and present witnesses and evidence on their own behalf.
Defendants and their attorneys are entitled to access government-held
evidence relevant to their cases. Convicted persons have a right of
appeal. The law extends these rights to all persons.
The length of trial procedures decreased, and case backlogs
throughout the judicial system have been reduced by fully staffing
judicial positions at the local level at the expense of regional and
high courts.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--During the year the ECHR
entered 11 judgments against the Czech Republic. The ECHR found several
violations of the right to liberty and security, to a fair trial, to
undisturbed use of property, and respect of family rights. During 2009
the ECHR accepted for review 726 of 2,074 complaints against the Czech
Republic (a comparable number to 2008). The ECHR asked the Government
to provide further information concerning 15 complaints, and judgments
were delivered in six cases (compared with 16 in 2008). The ECHR found
two violations by the country of the right to liberty and security and
one violation of the right to a fair trial.
The Government complied with ECHR decisions; however, it only took
limited action in the areas of compensation for forcibly sterilized
women and inclusive education for Romani children. In November the
European Roma Rights Center filed a complaint with the Committee of
Ministers in Strasbourg, which is charged with overseeing
implementation of ECHR rulings, stating that the Czech Republic failed
to comply with European law by not integrating Romani children into
mainstream schools.

Civil Judicial Procedures and Remedies.--The constitution provides
for a separate, independent judiciary in civil matters, and there is
access to a court to bring lawsuits seeking damages for, or cessation
of, human rights violations. Available remedies include monetary
damages, equitable relief, and cessation of harmful conduct.
Administrative remedies are also available.

Property Restitution.--The law provides for restitution of
properties confiscated under the Communist regime as well as
restitution of, or compensation for, Jewish property wrongfully seized
during the Nazi era. Although it was still possible to file claims for
artwork, the claims period for other types of property has expired. Two
claims for Jewish communal property in Brno remained before the courts
at year's end. In 2009 the Liberec regional government refused without
explanation to return one property in Turnov.
Parliament failed to ratify before the May general elections the
comprehensive compromise settlement reached in 2007 between the
Government and the churches over restitution of properties of religious
orders and financial compensation to churches for loss of properties.
The legislative process now must start over. On May 25, the Government
and the Catholic Church resolved protracted litigation over the
ownership of St. Vitus Cathedral when the president and Archbishop Duka
signed an agreement providing that the state is the sole owner of the
property. The agreement provides that the church will administer the
cathedral as the metropolitan church, while the state will secure
necessary material assistance. Under the agreement the church dropped
its appeal at the Constitutional Court against earlier court rulings.

a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
rights in practice. Independent media were active and expressed a wide
variety of views without restriction.
The law mandates prison sentences of six months to three years for
persons who deny Communist-era crimes or the Nazi Holocaust. Speech
inciting hatred based on race, religion, class, nationality, or other
group affiliation is also illegal and carries a sentence of up to three
years in prison.
In June eight members of National Resistance, a neo-Nazi group,
were indicted in Prague on charges of supporting and promoting Nazism.
The individuals posted propaganda materials in public places and
organized neo-Nazi events. The defendants each faced multiple counts
with a possible total of eight years in prison if convicted. The trial
was postponed, and two defendants, who had been held without bail since
October 2009, were released on bail in December.
In April 2009 parliament passed a law that criminalizes the
publication of information obtained from police sources such as
wiretaps. The law also criminalizes the publication of names of victims
of serious crimes and the names of all crime victims younger than age
18. Journalists violating the law face fines of up to five million
korunas (approximately $276,000) and prison sentences of up to five
years.
In June an administrator of iDNES.cz news server filed criminal
charges against a contributor nicknamed ``Kraxna'' for threats against
his life and family. Kraxna had frequently cursed and threatened the
administrator for removing racist comments from group boards. The
administrator filed the charges after the contributor threatened to
kill his son and mentioned the son by name, heightening concern over
the threat. Police investigated the case and arrested Kraxna for
committing violence against a group or individual members of a group.
The offender confessed to the crime and promised not to commit the
crime again in the future. As a result, Kraxna received a six-month
suspended sentence.
In September 2009 the Prague Municipal State Attorney's Office
filed charges against a member of the ultranationalist, unregistered
National Party for speech inciting hatred based on race for a televised
election advertisement that referred to a ``final solution of the Gypsy
question.'' In November 2009 a Prague district court handed a National
Party representative a one-year suspended sentence and three years'
probation for the advertisement.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The law provides
for freedoms of assembly and association, and the Government generally
respected these rights in practice.

Freedom of Assembly.--The law provides for freedom of assembly, and
the Government generally respected this right in practice.
The Government may legally restrict or prohibit gatherings,
including marches, demonstrations, and concerts that promote hatred or
intolerance, advocate suppressing individual rights, or jeopardize the
safety of participants. Protesters are required to have permits for
demonstrations, but police generally did not interfere with
spontaneous, peaceful demonstrations.
In August 2009 parliament amended the law on assembly to provide
local governments additional time (three working days instead of three
calendar days) to review demonstration applications. The Government
distributed a handbook to local governments designed to help local
officials accurately apply the law regarding public gatherings.

Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right in practice. The law, however, requires organizations,
associations, foundations, and political parties to register with local
officials or the Ministry of the Interior.
On February 17, a Supreme Administrative Court ruling dissolved the
far-right Workers Party (DS), which had mostly neo-Nazi membership. The
court ruled that party's program contained xenophobia, chauvinism,
homophobia, as well as a racist subtext. Members of the DS reorganized
into the Workers' Social Justice Party (DSSS) and unsuccessfully ran in
local and Senate elections, receiving less than 1 percent of the vote.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, asylum seekers, stateless persons, and other persons of
concern.
The constitution and law prohibit forced exile, and the Government
did not employ this practice.
On October 5, the minister of the interior announced the
dissolution of the Foreigners' Police, which had handled all
applications for and problems with long-term residency and transfer of
those responsibilities to the ministry's Department of Asylum and
Migration Policy (see section 1.d.).

Protection of Refugees.--The law provides for the granting of
asylum or refugee status and the Government has established a system
for providing protection to refugees. Temporary protection for
individuals who may not qualify as refugees is available based on EU
laws. However, no such protection has yet been granted.
Because the law defines ``safe countries of origin'' from which
applicants are unlikely to be granted refugee status, the Ministry of
the Interior no longer receives asylum applications from ``safe''
countries. ``Safe country of transit'' laws do apply to asylum seekers
who transit through Canada, the United States, or Switzerland. The
applications of these individuals can be denied. However, each case is
reviewed individually.
In practice the Government generally provided protection against
the expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion.
The Ministry of the Interior makes the initial determination on
granting international protection. Applicants whose cases are denied
may appeal to a single-judge regional court. Appeals of regional court
decisions are reviewed by a five-judge panel composed of judges serving
on the Supreme Administrative Court. The five-judge panel first
determines if the case presents new problems or if the regional court
made a grave error. If so, the panel reviews the substance of the
claim.
The law provides that the Government must conduct asylum hearings
in a language comprehensible to applicants or provide them with an
interpreter.
The Ministry of the Interior requires medical proof of
homosexuality from individuals seeking asylum for reasons of fear of
persecution in their home country due to their sexual orientation. The
Ministry of Health, which oversees the process, conducts a
``phallometric test'' on these asylum seekers. Asylees are connected to
a machine that monitors blood flow to sexual organs while viewing
heterosexual pornographic images. If the machine detects a response to
the images, the Ministry of the Interior denies the application for
asylum. The European Union Fundamental Rights Agency has criticized the
use of the test as a violation of the European Convention on Human
Rights. The Ministry of the Interior contended that the test has been
conducted in fewer than 10 cases and with the full written consent of
the individual.
The law allows the Government to detain asylum applicants who
attempt to enter the country via an international airport for up to 120
days. This provision particularly affected applicants lacking identity
documents.
Refugees are considered to have equal legal status with permanent
residents and may work without restrictions. In addition, refugees are
entitled to special integration assistance based on the State
Integration Program, which provides access to Czech language courses,
assistance with employment, and access to accommodations. Access to the
public health care system is automatic once refugee status is granted.
The children of refugees are subject to the laws regulating the
education of minors residing in the country. Asylum applicants must
wait one year in order to work without restrictions.
According to Ministry of the Interior statistics, there were 626
asylum claims submitted in the first eight months of the year. Almost
half of the requests (47.2 percent) were repeat submissions from asylum
seekers whose applications were previously rejected by the relevant
authorities. The ministry granted refugee status to 62 asylum seekers
and granted subsidiary protection, de facto refugee status for those
who do not qualify for asylum, to 54 persons.
In April 2009 a resettlement agreement between the Government and
the UNHCR formalizing the country's resettlement program went into
effect. A pilot resettlement program was established in 2008. In 2009
the first group of 19 Burmese refugees was brought from Malaysia to the
country. The Government resettled an additional 39 Burmese refugees
during the year. Due to financial constraints, plans for continued
participation in the resettlement program have been postponed
indefinitely.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--On May 28-29, the country
held elections for seats in the Chamber of Deputies, the lower chamber
of parliament. The center-right Civic Democratic Party (ODS) formed a
coalition with two new parties, the right-of-center Tradition
Responsibility Prosperity Party (TOP 09) and centrist Public Affairs
(VV). On October 22-23, elections were held for one-third of the seats
in the Senate and for municipal governments. Both elections were
considered free and fair.
Individuals and parties freely declared their candidacies and stood
for election, and political parties operated without restriction or
outside interference.
There were 44 women in the 200-seat Chamber of Deputies, including
the speaker and two of three deputy speakers, and 15 women in the 81-
seat Senate. There were no women in the 15-member cabinet and five
women on the 15-member Constitutional Court. One of the country's 13
regional governors was a woman.
One justice on the Constitutional Court was an ethnic Slovak. Few
of the country's estimated 200,000 Roma were integrated into political
life. No Roma were members of parliament, had cabinet portfolios, or
sat on the Supreme Court. Some Roma were appointed to national and
regional advisory councils dealing with Romani affairs. Four Roma
served in leadership roles in the Commission for Human Rights and
National Minorities, which the new government downgraded from ministry
status.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not always implement the law effectively,
and officials sometimes engaged in corrupt practices with impunity.
According to World Bank governance indicators, corruption was a problem
in the country.
Corruption in public procurement was a major problem. Political
pressure; insufficient or ineffective legislation requiring disclosure
of origin of assets, regulating public procurement, and lobbying;
ineffective police investigative tools; and a limited number of
experienced investigators at regional levels contributed to the
infrequent prosecution of high-level corruption. According to the
police anticorruption unit, a major barrier was the lack of an adequate
government witness process through which immunity from prosecution
could be offered to persons willing to testify against coconspirators.
Also, a lack of a specialized prosecutorial body limited effective
prosecution of complex corruption cases. The current system requires
multiple parts of a case to be handled by various responsible bodies.
This often created obstacles in linking all existing evidence collected
by law enforcement bodies. Although public figures must disclose the
state of their finances each year, disclosure of the origin of
financial assets is voluntary.
Law enforcement agencies are responsible for combating government
and private corruption. The police anticorruption unit investigated
corruption allegations concerning high-level officials and major
regional and local cases. It also investigated some private individuals
and companies accused of corruption. Other regular police units
investigated lower-level cases. According to the Ministry of the
Interior, police conducted 86 bribery investigations in 2010, handed
over 37 cases of bribery for prosecution, twice as many as in 2009, and
investigated 57 public officials for abuse of authority. In the first
half of the year, records of the Ministry of Justice indicated that
courts convicted 35 public officials of crimes relating to abuse of
power, of which two were sentenced to prison, 24 were released on
probation, and eight received fines. Of the 43 public officials
convicted of bribery-related offenses (19 for receiving a bribe and 25
for offering a bribe), six were sentenced to prison, 27 were released
on probation, and nine received fines. As of October 1, the
anticorruption unit investigated 66 cases of public corruption, one of
which involved a judge. Eight investigations were completed and handed
over to the courts. The trials did not begin by year's end. In 2009 the
police anticorruption unit investigated six cases involving judges, of
whom two were cleared for lack of evidence; the remaining four were
under prosecution at the regional prosecutors' office in Prague.
In October 2009 the Government eliminated the anticorruption unit
of the military police and redistributed the unit's responsibilities to
other offices. The Government cited budgetary reasons for the cuts, but
allegations persisted that the unit was disbanded because it was
successfully fighting military corruption. The police anticorruption
unit stated that it continued to work well with military police
anticorruption officials, despite the disbanding of the military
anticorruption unit.
The press continued to report allegations of corruption.
In February allegations appeared in the press based on
conversations recorded in a cafe by journalists posing as businessmen
that government officials and political parties had received kickbacks
during the negotiation of contracts sometime between 2004 and 2008 for
the purchase of Pandur military vehicles manufactured by the Austrian
company Steyr. Then prime minister Jan Fischer called for an
investigation, and a joint Czech-Austrian investigation was pending at
year's end.
On September 1, Mlada Fronta Daily (MFD), a national newspaper,
printed a transcript of conversations between then deputy defense
minister Jaroslav Kopriva and lobbyists. The tapes indicated that they
were negotiating a no-bid contract for hundreds of millions of korunas
for mortars. During two conversations, the deputy minister and the
lobbyists detailed what they allegedly knew about how similar corrupt
procurements occurred in the past and described how it was possible to
launder money. The minister of defense immediately fired Kopriva and
created a subcommittee to investigate all procurements in the ministry.
The results were pending at year's end. Police were also investigating
the case.
In November MFD printed allegations by a U.S. businessman and
former ambassador to the Czech Republic that in February 2008 then
deputy defense minister Martin Bartak solicited a multimillion-dollar
bribe. The former ambassador stated that the minister requested the
bribe in exchange for assistance in resolving a dispute involving the
former ambassador's company and one of its key suppliers. Bartak was
placed on administrative leave from his duties pending the results of
an investigation.
On December 14, MFD published allegations by Libor Michalek, chief
of the State Environmental Fund, that he was asked by Martin Knetig, an
advisor to the minister of environmental affairs, to manipulate a
public tender to provide funds for his party, the Civic Democrats, as
well as to finance the political career of Minister Pavel Drobil.
Michalek recorded the conversations, including one with the minister,
in which he allegedly offered Michalek a senior position in the
ministry in exchange for destroying the taped conversations.
Immediately after the publication of the story, Minister Drobil fired
Knettig and Michalek. Minister Drobil tendered his own resignation
shortly afterwards. The police are investigating the allegations.
In September 2009 MFD reported that one of their journalists posed
with a hidden camera as a casino owner and purportedly offered one
million korunas (approximately $55,200) to several members of major
political parties in exchange for opposing a proposal to introduce a
new fee on gambling machines. Three politicians accepted the offer but
did not receive any money. After a police investigation, it was
determined that no crime had been committed, and the case was closed.
One of the politicians remains in parliament.
On September 7, a Brno court sentenced former mayor Ales Kvapil and
lobbyist Radovan Novotny to seven years in prison for seeking a four
million koruna ($220,000) bribe from a developer to allow a building
project to go forward. The key evidence in the case was the developer's
secret taping of his meetings with the convicted individuals.
On September 17, police announced two corruption investigations in
Kolin and Znojmo. Anticorruption police in Znojmo were investigating
the mayor and deputy mayor for manipulation of public tenders. The
Kolin deputy mayor was recorded demanding a one million koruna
(approximately $55,000) bribe for providing land to a businessman at a
reduced price.
In October 2009 the media reported that the law school at the
University of Western Bohemia in Plzen awarded numerous degrees in
recent years to persons who did not earn them, including politicians,
law faculty, police officers, customs agents, other state officials,
and family members of mafia figures. The head of the country's
accreditation commission, Vladimira Dvorakova, alleged that organized
crime established the system with the goal of controlling these
officials once in office. The report led to the firing of several
school administrators. After a year of investigations, 200 diplomas
were found to be suspicious.
An investigation by the United Kingdom's Serious Fraud Office into
overseas bribery allegations against BAE Systems, including allegations
that the British-Swedish aerospace joint venture BAE Systems/Saab
bribed several members of the Czech parliament and ministry officials
in 2002 to gain their approval for a multi-million dollar contract to
lease jet fighters, concluded with a fine to BAE Systems/Saab. The
suspended Czech investigation has been reopened and continued at year's
end.
Several ministries have anticorruption hotlines for citizens to
report allegations. The Ministry of the Interior's anticorruption
hotline, administered by the country branch of the NGO Transparency
International (TI), received 4,653 calls in the first six months of the
year. TI registered 400 new clients (i.e. callers who ask for advice or
guidance) and identified 290 corruption complaints, 67 concerning the
judiciary, 41 concerning police, 79 concerning property rights and
construction permits, and 43 concerning public procurement. Almost one-
third of the complaints (122) concerned municipal officials.
Credible allegations of corruption persisted throughout the
judiciary, as did allegations of high-level political interference in
sensitive public corruption cases. In the first nine months of 2009,
the Justice Ministry received 18 calls on its anticorruption hotline,
120 e-mail complaints, and 572 written complaints. Of this total, 10
communications alleged corruption on the part of judges, and three
alleged corruption on the part of prosecutors. One case concerning a
judge was submitted to the police for investigation.
There were a number of court cases involving judicial misconduct
during the year. On April 6, Jiri Berka, a bankruptcy judge in the town
Usti nad Labem, was found guilty of criminal conspiracy for his part in
a bankruptcy fraud scheme involving 11 other individuals. He and eight
other defendants were each sentenced to nine years' imprisonment. An
appeal was pending at year's end.
On September 7, the Prague High Court stripped Supreme Court deputy
chair Pavel Kucera of his judgeship, the harshest possible
administrative penalty, for influencing the investigation into
corruption allegations surrounding former deputy prime minister Jiri
Cunek. The court found that Kucera had violated his duties as judge and
undermined trust in the judiciary. Kucera appealed the verdict. In
November the minister of justice suspended him from serving as an
active judge, and Kucera resigned the following day, effectively
closing the disciplinary proceedings against him.
The law provides for public access to government information, and
the Government usually provided such access in practice to citizens and
noncitizens, including foreign media. NGOs reported an increasing
number of denials over the past two years, especially at the local
level and on the use of public finances. Applicants whose requests are
denied have 15 days to appeal. They may also appeal if authorities
exceed the time limit for processing a request.
According to the Government, several cases involving public access
to information from local governments reached the courts during 2009.
Courts were reportedly receptive to the requests for information by
plaintiffs. In one case, the Regional Court in Usti nad Labem held that
the regional governor's office must cover expenses for refusing to
provide information to the NGO Children of the Earth about the office's
rising budget. In another case, the Supreme Administrative Court held
that the Czech energy company CEZ is a public institution that must
provide information upon request.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
often were cooperative and responsive to their views.
After the May 10 death of ombudsman Otakar Motejl, the office was
vacant for several months due to the parliament's failure to agree on a
replacement. On September 7, the parliament elected Pavel Varvarovsky,
a former constitutional judge, to the position. Representatives from
the Office of the Ombudsman made regular visits to government
facilities, examining the treatment of individuals and monitoring
respect for fundamental rights. They issued quarterly and annual
reports on the office's activities in addition to reports on topics of
special concern. The office operated without government or party
interference, had adequate resources, and was considered effective. In
the first nine months of the year, the ombudsman received 4,320
complaints. In 2009 the ombudsman received 7,321 complaints, 53 percent
of which fell within his mandate; 5,433 calls were made to the
information hotline requesting simple advice. The ombudsman opened 702
inquiries in 2009.
In July the Government decided to return the Ministry of Human
Rights to the level of a commission, decreasing its authority. The body
had been elevated to a ministry in 2007. On September 15, the cabinet
voted to dismiss former minister Michal Kocab from the position of
commissioner. Although the Government stated at the time that a
replacement would be named within a week, the position remained vacant
at year's end. NGOs criticized the decision to make the ministry a
commission and the failure to name a permanent commissioner, claiming
these indicated a lack of government concern over human rights issues.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on gender, age, disability,
race, ethnic origin, nationality, sexual orientation, religious faith,
or personal belief. However, the Government did not effectively enforce
these provisions, and significant societal discrimination against Roma
and women persisted. Trafficking in persons also remained a problem.
In June 2009 parliament overrode the president's 2008 veto of
antidiscrimination legislation and adopted a comprehensive
antidiscrimination act that harmonized the country's law with EU
requirements.

Women.--The law prohibits rape, including spousal rape, and the
Government effectively enforced these provisions in practice. The law
provides penalties of two to 15 years in prison. Although experts
considered rape to be underreported, they noted an upward trend in the
number of rape convictions since 2001. They attributed this trend to
improved police training, public awareness campaigns, and greater
interaction between police and NGOs. In the first eight months of the
year, 432 rapes were reported, 250 of which were investigated. In the
first six months of the year, courts convicted 92 offenders, giving
prison sentences to 54 offenders and suspended sentences to 35
individuals.
On January 1, an amendment to the penal code criminalizing stalking
went into effect. Offenders convicted of stalking can be sentenced to
up to three years in prison. The law broadens the criminal offenses
under which law enforcement may arrest and prosecute perpetrators of
domestic violence. In connection with implementation of the new law,
the Ministry of the Interior provided training to counselors, social
workers, and law enforcement officials who work with these persons.
Experts believed that violence against women was more widespread
than suggested by the number of cases reported to authorities due to
the stigma associated with reporting such abuses.
Domestic violence is punishable by up to three years in prison with
longer sentences under aggravated circumstances. In 2008 police
obtained authority to remove violent abusers from their homes for 10
days. In the first eight months of the year, NGO Bily Kruh Bezpeci
reported that 723 offenders, including women, were removed from the
home. In 2009 a total of 778 offenders were removed.
In the first eight months of the year, interior ministry statistics
indicated that 407 cases of domestic violence were reported, and police
investigated 295 cases. In the first six months of the year,
authorities prosecuted 220 cases of domestic violence. Justice ministry
statistics indicated that, in the first six months of the year, 141
individuals were convicted of domestic violence: 28 individuals were
sentenced to prison, and 113 were given suspended sentences. Alcohol
played a major role in many domestic violence cases, along with drugs,
work-related stress, and gambling. The NGO Bily Kruh Bezpeci reported
that, in the first eight months of the year, 638 children witnessed
acts of domestic violence. In 2009, 911 children reportedly witnessed
such acts.
Police continued to train personnel selected to handle domestic
violence cases and to work with social service agencies. However, due
to high turnover, many personnel lack practical experience in dealing
with these problems. Several hotlines and crisis centers offered
psychological counseling to victims of rape and domestic abuse. In the
first eight months of the year, for example, the Dona hotline received
3,140 calls related to domestic violence compared with 4,090 calls in
2009.
Sex tourism in border areas and major urban areas declined due to
the economic slowdown and a crackdown by local governments. The
Ministry of the Interior also noted a general decline in demand for
commercial sexual services in 2009 and the first eight months of the
year, especially in the regions bordering Germany and Austria. Cities
in the interior also made progress reducing sex tourism. Prague, Brno,
Plzen, and other cities adopted by-laws prohibiting prostitution in
public places. The number of erotic nightclubs decreased, and many were
reportedly on the brink of closure.
The law prohibits sexual harassment; however, the Government did
not effectively enforce it, and sexual harassment remained a problem.
Czech law, in compliance with the EU, places the burden of proof on the
defendant. Those convicted can be fined up to 70,000 korunas
(approximately $3,860), dismissed from work, or sentenced to prison.
According to a study conducted by the Gender and Sociology Section of
the Czech Academy of Sciences in February 2009, 25 percent of female
respondents experienced sexual harassment at work.
Couples and individuals generally had the right to decide freely
and responsibly the number, spacing, and timing of their children and
had the information and means to do so without discrimination,
coercion, or violence. Involuntary sterilization of Romani women was a
problem in past years but not reported this year; in 2007 and 2008,
there were reports that doctors had coerced two Romani women to be
sterilized (see section 1.c.).
Access to contraception was widespread, and the prevailing practice
was to have skilled attendance at childbirth, including obstetric and
postpartum care. Estimates compiled by international organizations
indicated that there were approximately 8 maternal deaths per 100,000
live births in the country in 2008. According to NGOs, women and men
were equally diagnosed and treated for sexually transmitted diseases,
including HIV.
The law grants men and women equal rights, including in family and
property law matters. According to Eurostat data for the second quarter
of the year, the employment rate of women was 56.1 percent, and women
constituted 42.7 percent of the workforce. Women's salaries for similar
work lagged behind men's by just over 26 percent, and women were more
likely to work in professions with lower median salaries than those
chosen by men. It was unclear whether the salary gap was the result of
discrimination against women, lack of access to proper professional
training and preparation, or a possible preference among women for more
flexible, family-friendly jobs. The Council for Equal Opportunities for
Men and Women monitored gender issues and advised the Government on
enforcing equal gender rights.

Children.--Citizenship is derived from one's parents.
While the Government provided free, compulsory education through
age 15, Romani children were often subject to discriminatory treatment.
Romani children were enrolled at disproportionately high rates in
remedial school systems, known as ``practical'' schools, which
effectively segregated them into a substandard education. According to
the Ministry of Education, approximately 27 percent of Romani children
attended ``practical'' schools during the year, compared with 2 percent
of non-Romani children. During the year 7,800 students attended
practical schools, two-thirds of whom were Romani. In regular schools
Romani children were often segregated from the majority population due
both to their place of residence (often in a Romani-majority
neighborhood) and because school officials in regular schools at times
separated Romani children for remedial instruction. The Government
continued to address discrimination in the education of children during
the year. However, the decision to place a child in a practical school
is made by a judge based on a social worker's recommendation. Judges
are obliged to follow legal criteria in determining that a student be
placed outside the regular education system. The Ministry of Education
introduced recommended changes to the placement system to reduce the
number of children placed in ``practical'' schools; these
recommendations were not legally binding, however. In November
following a country visit, Council of Europe's Commissioner for Human
Rights Thomas Hammarberg stated, ``There has been virtually no change
on the ground in the Czech Republic since the European Court of Human
Rights found three years ago that the country had discriminated against
Roma children by educating them in schools for children with mental
disabilities.''
In 2009 the Ministry of Education finalized two studies, one on
education opportunities of children from excluded communities and the
other analyzing teachers' individual approaches to students with
special educational needs. Both studies pointed to unequal educational
opportunities for Romani children. Approximately 65 percent of Romani
children from ``practical'' schools enrolled in vocational high
schools, many of which did not have final examinations in their
curricula, and only 0.93 percent enrolled in regular high schools.
Since the examinations offered at the completion of regular high school
are required in order to enter a university, the large majority of
Romani students who were in vocational schools without final
examinations were effectively precluded from a university education. In
2009 the Ministry of Education created a new Department for Equal
Opportunities in Education and in March 2010 approved the Plan for
Inclusive Education to address these problems. However, in October the
new minister of education halted all work on the plan. Two employees of
the ministry charged with implementing changes to ``practical'' schools
resigned due to reservations over the new direction taken by the
ministry. The minister of education stated that he would present new
decrees for the inclusion of Romani students in February 2011.
Local governments offered free preschool education to children who
may be unprepared to enter or perform well in the school system for
social or economic reasons. In order to increase school attendance,
some local governments linked school attendance by children with
welfare payments to parents. Other localities funded teaching
assistants in basic schools who worked closely with families to ensure
regular attendance, often going to homes before school to collect
students.
Although the law permits Romani curricula, no elementary school in
the country used the curricula. The Romani language was taught as a
foreign language at two secondary schools and several universities.
While the law prohibits family violence, sexual abuse, and other
forms of mistreatment of minors, child abuse remained a problem. As of
January 1, a minor is defined as any child under the age of 18.
According to an ongoing 15-year study conducted by sexologists at the
medical school of Charles University in Prague, 10 percent of children
in the country have experienced sexual abuse; 7 percent were sexually
abused at least once, while 3 percent were sexually abused repeatedly.
Under the lead of the Ministry for Human Rights (since downgraded
to a commission), the Government in 2008 adopted a 10-year national
strategy for preventing violence against children. The document
identified several priorities, including adopting a policy of zero
tolerance for violence against children, support for preventive
measures, further education for experts, and increasing the
accessibility of services for endangered children. In April 2009 the
ministry led a conference on promoting children's rights during the
country's EU presidency. A second conference in June 2009 focused on
child violence, injury prevention, and child mental health promotion.
In May 2009 the Government introduced the National Coordination
Mechanism for Locating Missing Children. The project combined existing
tools to locate quickly missing children. Since its inception, the
project recorded a 95 percent success rate in locating missing children
through close cooperation between mobile telephone operators, the
media, and the public.
According to a report by the Ministry of Labor and Social Affairs
in 2009, as many as 22,000 children were living in institutions,
including over 8,000 placed in care pursuant to a court decision.
Efforts to provide care to children were hampered by a lack of
coordination among agencies and across regions. In 2009 the Government
implemented a three-year national action plan for the care of foster
children to provide preventive care to families and thereby reduce
institutionalization.
The 2010 penal code introduces protections of children in
accordance with the Convention on the Rights of the Child. Prison
sentences for those found guilty of child abuse were increased up to 12
years or 18 years in case of the death of a child. The Ministries of
the Interior and Justice have implemented use of special interviewing
rooms for child victims and witnesses. A child victim is not required
to give additional testimony in any future court proceedings when
specially trained police follow the special interview requirements
(presence of psychologists, and, in some cases, judges and defense
attorneys).
Although some members of the Romani community married before
reaching the legal age of 18, underage marriage was not a significant
problem.
Some children were engaged in prostitution for survival without
apparent third-party involvement. NGOs reported that many teenagers in
prostitution were runaways or products of orphanages and the foster
care system. NGOs working with high-risk children attributed the
problem largely to deficiencies in the foster care system, which often
failed to provide adequate job skills and promote the adoption of
unwanted children by capable parents. According to Ministry of the
Interior statistics, police investigated 30 cases of commercial sexual
exploitation of children in the first six months of the year, compared
with 46 cases in all of 2009.
The minimum age of consensual sex is 15. Sexual relations with a
child younger than age 15 is punishable by a prison term up to eight
years or, in the case of the death of the child, up to 18 years. The
law prohibits the possession, manufacture, and distribution of child
pornography, which is punishable by imprisonment for up to eight years.
In October 2009 police broke up the largest network of distributors
of child pornography in the country's history. The distributors
operated in Prague and parts of southern and northern Moravia. Of the
160 suspects involved, 32 were detained. One-quarter of the suspects
were women. In November 2009 three civilian employees of the Ministry
of Defense were detained. The operation involved approximately 1,000
police throughout the country. More than 300 computers containing
pictures and videos with child pornography were confiscated. The
perpetrators ranged in age from 20 to 80. At year's end the
investigation was ongoing, with additional arrests possible.
In the first six months of the year, the Ministry of Justice
reported that seven persons were convicted for production or other
handling of child pornography. One person received a prison sentence
and six received suspended sentences.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--Although estimates varied, the country's Jewish
population was believed to be approximately 10,000. Public expressions
of anti-Semitism were rare, but small, fairly well organized
ultranationalist groups with anti-Semitic views were active around the
country. The Ministry of the Interior continued to counter such groups,
monitoring their activities, increasing cooperation with police from
neighboring countries, and shutting down unauthorized rallies. In 2009
according to the Ministry of Interior, police recorded 48 criminal
offenses with an anti-Semitic motive, representing an increase of 78
percent over 2008. The Federation of Jewish Communities reported 28
anti-Semitic incidents, none of which was an attack on a person.
Attacks included damage to property and spray painting of anti-Semitic
remarks and Nazi symbols.
Several groups advocating violence against Jews and other
minorities were active. The number of rallies and demonstrations of
extreme-right groups declined during the year.
In January 2009 vandals damaged the monument to Holocaust victims
in Teplice. Police investigated the case but closed it for lack of
evidence. However, Teplice municipal officials, local police, and
representatives of the local Jewish community introduced quarterly
meetings to monitor and evaluate the overall situation.
In November 2009 the Ministry of Defense discharged, without
severance pay or pension, two military officers, based on reports that
they had worn symbols of German SS units on their helmets while serving
in Afghanistan. Their immediate supervisors retired.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, and the provision of other state services, and the
Government generally enforced these provisions. However, persons with
disabilities faced a shortage of public accommodations and were
unemployed at disproportionately high rates.
The ombudsman is required to make regular visits to all
governmental and private workplaces of persons with physical
restrictions to examine conditions, ensure that fundamental rights are
respected, and advocate for improved protection against mistreatment.
His office made these visits throughout the year.
In 2009 through its program to aid persons with disabilities,
Mobility for All, the Government provided 112.5 million korunas
(approximately $6.25 million) to cosponsor 56 projects in towns and
cities throughout the country, building barrier-free sidewalks,
crossings, crossroads, and handicapped elevators in government
institutions; purchasing barrier-free buses; and providing barrier-free
access to government institutions, schools, libraries, galleries, and
museums.
Approximately 60 percent of Prague's metro stations were accessible
to persons with disabilities, and most buses and new tramcars were
configured to accommodate them. However, of 15 major metro stations in
the city center, only five were barrier free. There were 294 barrier-
free high schools in the country as well as 50 barrier-free
institutions of higher learning, including universities.
In prior years, media reports and the UN Human Rights Council
sharply criticized the use in several social care homes of ``cage
beds'' for young persons with severe mental and physical disabilities.
During unannounced visits in 2009 to 25 psychiatric institutions, the
ombudsman found that restraint beds were used in most geriatric
psychiatric units. He found that net beds, enclosed areas, and
sedatives administered without a physician present were often used to
restrict patients' freedom of movement. In his report the ombudsman
cited the lack of personnel as a major cause for the use of these beds.

National/Racial/Ethnic Minorities.--Minority groups in the country
included Roma, Ukrainians, Slovaks, Vietnamese, Poles, Russians, and
Germans. Roma faced high levels of poverty, unemployment, and
illiteracy as well as varying levels of discrimination in education,
employment, and housing.
Societal prejudice against the country's Romani population
occasionally manifested itself in violence. Members and sympathizers of
neo-Nazi organizations were the most frequent perpetrators of acts of
interethnic violence, particularly against Roma. Ultranationalists were
also active. During the year neo-Nazi and skinhead rallies or marches
took place in several cities. Although the organizations operated
separately, both the Workers Party and the National Party periodically
announced they would be ``patrolling'' Romani neighborhoods or
gatherings to ensure that no laws were being broken.
On March 14, a Molotov cocktail was thrown into a bedroom of a
Romani home in the settlement of Bedriska. A 14-year-old girl was
asleep in the room at the time. The cocktail failed to explode upon
impact, resulting in no injuries and little damage to the home. Local
police arrested a neighbor and her minor son on charges of attempted
murder. Although police determined that the attack was not racially
motivated, activists said it could not be ruled out. On December 10,
the regional court in Ostrava sentenced the boy to a three-year
suspended sentence for attempted reckless endangerment and his mother
to an 18-month suspended sentence for not stopping her son from
throwing the cocktail.
On May 12, the regional court in Ostrava opened the trial against
Jaromir Lukes, David Vaculik, Ivo Mueller, and Vaclav Cojocaru, who
were accused of throwing Molotov cocktails into the home of a Romani
family in the town of Vitkov in April 2009. Three persons, including a
two-year-old girl who was treated for second- and third-degree burns
over 80 percent of her body, were injured in the resulting fire. On
October 20, the court found all four guilty of attempted murder and
property damage. The judge found the crime to involve extraordinary
circumstances that allowed for more stringent sentencing. Vaculik,
Mueller, and Lukes received 22-year sentence, and Cojocaru received a
20-year sentence. These are the longest sentences ever handed down for
a racially motivated crime. The four were also required to pay seven
million korunas ($389,000) for the child's medical expenses and a
further 10.072 million korunas ($560,000) to the child and her family
for pain and suffering. The convicted persons immediately appealed. The
appeals court will hear the case in 2011.
On November 27, Pavel Louda, mayor of Novy Bydzov, posted a
statement on the city's official Web site declaring a ``war on
gypsies.'' In the statement he collectively blamed all Roma for rapes
and thefts in the town and declared that the citizens wanted the Roma
to ``disappear.'' He threatened to undertake repressive measures in
order to bring the Roma under control. The prime minister and other
government officials released statements condemning the mayor's
actions. Neo-Nazi groups immediately began Internet discussions on ways
to exploit the situation and how to organize ``Janov 2,'' a reference
to the violent patrols of neo-Nazi groups culminating in a violent
clash with police in Janov in 2008. They officially offered to send
``monitoring teams'' to patrol the city. At the close of the year, no
patrols had been conducted.
In December police opened an investigation of a young Czech man for
promoting Nazism on Facebook. The man placed photos, video, music, and
personal opinions supporting Nazi and neo-Nazi actions.
In May 2009 unknown persons attempted an arson attack against a
Romani home in the village of Zdiby. No one in the home was injured.
Police investigated the case but have made no arrests.
Police arrested a number of right-wing extremists during 2009. In
October 2009 UOOZ, the police Unit for Combating Organized Crime,
arrested 24 individuals and charged 18 with supporting and promoting
movements aimed at suppressing the rights and freedoms of the
individual. Police president Oldrich Martinu stated that several of
those arrested were linked to the neo-Nazi organization White Justice
and had been trained by Lukas Sedlacek, a member of the Czech military.
The Ministry of Defense discharged Sedlacek from the military without
severance pay or pension. Other arrestees were linked to the National
Resistance, the Workers Party, and the Resistance Women Unity group. In
June the district court of Benesov found 11 of the defendants guilty,
sentencing two individuals to 30 months' imprisonment, one individual
to two years' imprisonment, two teenagers to one year in a juvenile
detention center, and the others to a 30-month suspended sentence.
In 2008 an estimated 1,000 police officers used force to prevent an
estimated 500 well armed, right-wing rioters in Litvinov from attacking
Roma. Approximately 300 Romani men who gathered to defend their
community were also involved in the melee. In January 2009 the state
prosecutor dropped rioting and assault charges against 15 protesters.
The only persons convicted in the confrontation were two Roma sentenced
to 400 hours of community service for physically and verbally
assaulting members of the Workers Party. As a direct result of the
incident, the Government stepped up the police presence in Romani
neighborhoods, including increasing the police presence in Janov, the
Litvinov Romani neighborhood, from 21 to 31 officers.
During the year eight men stood trial for a series of attacks on
Roma in 2008 in Sumbark, a neighborhood in Havirov with a large Romani
population. Some of the alleged attackers were described as members of
the group Thugs Havirov and one as a member of the group National
Resistance. One attack victim was severely beaten. On December 17, the
regional court in Ostrava found the defendants guilty; sentencing was
deferred until the sentence for one of the defendants in an unrelated
assault case was processed.
In its 2009 annual report on hate crimes, the Organization for
Security and Co-operation in Europe (OSCE) reported that 188 persons
were prosecuted and 103 persons were sentenced for crimes motivated by
racial or similar hatred.
Over the previous two years, police focused greater attention on
combating promoters of extremism. The Security Information Service
(BIS), the country's civilian domestic intelligence agency, reported at
the start of May that right-wing extremist activity decreased in the
country during the first six months of the year. BIS stated that
developments involving neo-Nazis were particularly influenced by police
raids in 2009 against members of extremist parties and the prohibition
of the Workers' Party. The service believed that extremist groups were
less unified than in the past.
The Government completed construction work on a memorial for Romani
victims of the Holocaust near the site of a World War II concentration
camp for Roma in Lety. A new information center about the Romani
Holocaust is also complete. In 2009 the Government allocated 21.5
million korunas (approximately $1.2 million) for the memorial and
purchased property from three nearby municipalities. Because the actual
site of the concentration camp is currently a pig farm, Romani
Holocaust survivors and activists rejected the Government's plan and
insisted that the pig farm be removed. The Government rejected
acquiring the pig farm as prohibitively expensive.
The law prohibits employment discrimination based on ethnicity;
however, Roma continued to face discrimination in employment. Some
employers refused to hire Roma and requested that local labor offices
not send them Romani applicants. According to a 2008 joint study by the
Government and the World Bank, 55.8 percent of Roma of working age did
not participate in the labor market (neither employed nor actively
seeking employment), 5.2 percent were unemployed, and 12.2 percent did
not have a job but reported income during the survey period.
Roma faced widespread discrimination in access to housing and other
accommodations. While housing discrimination based on ethnicity is
prohibited by law, NGOs stated that some municipalities still applied
municipal regulations in a way that discriminated against certain
socially disadvantaged groups, primarily Roma, including basing housing
decisions on the reputation of the applicant and family at previous
residences.
A 2006 Ministry of Labor and Social Affairs study found that more
than 330 ``excluded'' localities or ghettos in the country were almost
exclusively inhabited by Roma. Some ghettos consisted only of several
houses on the outskirts of towns and some were just individual houses
in towns and cities. The study estimated the combined population in
these ghettos at 80,000, or more than one-third of the country's Romani
population. The study found that the ghettos were blighted by
substandard housing and poor health conditions. The author of the
study, Ivan Gabal of the Gabal Analysis & Consulting research firm,
believed the size of the ghettos was continuing to grow. Beyond housing
discrimination, reasons for the growth in Romani-dominated ghettos
included unaffordable rents elsewhere and urban gentrification.
Restaurants, bars, and other public places at times refused to
serve Roma.
The Government continued implementing a long-term integration plan
for Roma coordinated by the Agency for Social Inclusion in Roma
Localities. The agency was created in 2008 to synchronize and evaluate
social integration efforts by ministries and municipalities. One of the
most successful programs was Usvit, piloted in 2009 in the town of Most
and the socially excluded area of Chanov. The Ministry of the Interior,
the local government, the police force, and NGOs in the town of Most
and neighborhood of Chanov collaborated to provide improved housing,
train Romani mentors to ensure that Romani offenders complete probation
to avoid incarceration, hire police assistants to prevent crime,
provide inclusion training to teachers, offer debt education training
to young girls, and ensure media coverage of successful Roma. The
program was expanded to seven additional excluded areas and encompassed
28 ongoing projects.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Lesbian, gay, bisexual, and
transgender (LGBT) organizations operated freely in the country.
On June 26, gay rights advocates held the third annual gay pride
march in Brno. Members of the National Resistance protested the event
but were kept away from the marchers by police. In June 2009 when the
parade was held in Tabor, members of the Workers Party attempted to
disrupt the march, but a police anticonflict team mostly separated them
from marchers.
The Government did not keep statistics regarding incidents of
violence directed at individuals based on their sexual orientation or
gender identity. A report by a government working group on issues
involving sexual minorities indicated that physical and verbal attacks
occurred, although they often were not reported.
There were some reported cases of discrimination against persons
based on sexual orientation. A gay registered partner of a parent may
not adopt the partner's child, although a LGBT person not in a
registered partnership may adopt.

Other Societal Violence or Discrimination.--As of June 2009 the
country required citizens of certain countries who request long-term
resident status to provide a medical record proving they are not HIV
positive.
Section 7. Worker Rights

a. The Right of Association.--The law protects workers' right to
form and join unions of their choice without authorization or excessive
requirements, and workers, including foreign and migrant workers,
generally exercised this right in practice. Although the law applies
equally to Czech and foreign workers, the latter generally did not join
unions due to the short-term nature of their work or the lack of social
interaction with Czech employees. An estimated 10 percent of the
workforce was unionized, a decrease of approximately 7 percent from
2009, according to the Czech-Moravian Confederation of Trade Unions
(CMKOS), a national umbrella organization. Approximately 90 percent of
nonagricultural union members were affiliated with CMKOS. Agricultural
workers made up 2.9 percent of the workforce; 42 percent of
agricultural workers were members of the Trade Union of Agricultural
Workers.
The law allows unions to conduct their activities without
interference. While regulations entitle union members to conduct some
union activities during work hours, the amount of time to which workers
are entitled is not specified, leaving room for wide interpretation on
the part of employers. CMKOS reported cases in which employers did not
allow union members sufficient paid time to fulfill union
responsibilities.
Workers generally have the legal right to strike if mediation
efforts fail. However, unionized workers in certain professions may not
strike. These professions include judges, prosecutors, police, and
members of the military and other security forces. The law limits the
right to strike for workers involved in health care, nuclear energy,
oil and gas pipelines, air traffic control, firefighting, and
telecommunications. Workers in these sectors do, however, have access
to mediation. The law requires unions to provide employers, in writing,
with the total number of strikers and a list of the members of the
strike committee or contact persons for negotiation purposes at least
three days before a strike.

b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining, which generally was carried out by
unions and employers on a company level. The scope for collective
bargaining was more limited for civil servants, whose wages are
regulated by law. Under the law trade unions are the only bodies that
may legally represent workers, including nonmembers of trade unions.
During the year trade unions affiliated with CMKOS negotiated
collective agreements that covered 25 to 30 percent of the workforce.
The law prohibits antiunion discrimination; nonetheless, CMKOS
reported that in 2008 and 2009 some employers pressured workers to give
up their trade union activities by threatening either to fire them or
to reduce their wages. In 2008 a leading hotel group, CPI Hotels,
indicated to all members and officers of the CMKOS-affiliated Trade
Union of Catering, Hotel, and Tourism Workers (OSPHCR) that employment
at the newly acquired Cernigov Hotel in Hradec Kralove would be
conditional on their leaving the union. The local OSPHCR organization
subsequently terminated its activities in March 2009. The OSPHCR
reported that, as of September 2010, the Cernigov Hotel trade union
chapter had not been reconstituted. During 2009 individual members of
the OSPHCR working at Gomel Hotel in Ceske Budejovice, the other hotel
recently acquired by CPI Hotels, reportedly also yielded to pressure to
either terminate their union membership or their employment. The union
has not filed a formal complaint against CPI. The OSPHCR reported that
some employees of another hotel owned by the CPI chain, the Clarion
Congress Hotel in Prague, expressed general interest in organizing a
trade union chapter.
According to CMKOS, the number of violations of labor law and trade
union rules increased during the year. CMKOS attributed the increase to
the impact of the global economic downturn. However, union and nonunion
employees were often not willing to file formal complaints or to
testify against their employers due to fears of job loss, reduced
wages, or degraded labor conditions. CMKOS-affiliated trade unions did
not report many of the violations to CMKOS. Only eight of 32 unions
responded to the questionnaire on antiunion discrimination distributed
by CMKOS, and some of these requested to remain anonymous in all
reporting. The questionnaire did find examples of violations including
administrative obstacles to the collective bargaining process,
unauthorized unilateral changes in wages, and threats to terminate
union activities or face dismissal.
There are no special laws or exemptions from regular labor laws in
export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor; however, there were reports that men and
women, including migrant workers, were subject to conditions of forced
labor in the country. For more information, see the Department of
State's annual Trafficking in Persons Report at http://www.state.gov/g/
tip.
In June two men were found guilty of trafficking for the purpose of
labor exploitation by the regional court in Usti nad Labem. It was the
first successfully prosecuted case of forced labor in the country. The
men operated a temporary employment agency, which was hired to provide
seasonal workers for a meat factory and asparagus farm. The factory and
farm paid the employment agency for their services. However, the agency
did not pay the Romanian workers any salary and used coercion and
threats to force them to work without pay. Although the prosecutor won
the case, she appealed the sentencing as too lenient. According to
several NGO sources, the Government, in an effort to address the high
unemployment of third country nationals, developed a plan to employ
foreign workers at the Government-owned forestry company Lesy CR. A
temporary employment agency was hired to provide workers from this
target group. Reportedly the company signed contracts, written only in
Czech, with approximately 500 Vietnamese. Unbeknownst to the workers,
the contract stated that the first three months of employment
constituted a ``training period,'' during which the ``trainees'' would
not be paid. At the end of the initial three months, the agency fired
the ``trainees'' and hired a new group of workers using the same
contracts. Lesy CR remained unaware of the exploitation as the foreign
workers feared if they complained they would be subject to deportation.
Eventually word spread throughout the Vietnamese community, and the
temporary employment agency began recruiting Mongolians. The agency
reportedly exploited almost 2,000 workers before Lesy CR and government
officials became aware of the situation. Government officials have not
charged the owners of the agency with any criminal violations. Each
worker signed a valid contract, and it is legal to provide unpaid
training to prospective employees. NGOs, however, were working with the
OSCE to find legal redress for the exploited workers.In 2008 the
Government established an interministerial group to coordinate
government efforts against trafficking and forced labor.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
Government effectively enforced laws and policies to protect children
from exploitation in the workplace. The minimum legal working age is
15. Employment conditions for children ages 15 to 18 were subject to
strict safety standards. Children may obtain a permit from the Labor
Office to work up to 12 months in artistic, cultural, sports, or
advertising activities, subject to the conditions that the work must be
age appropriate, safe, and compatible with full-time school attendance.
The work cannot hinder the child's development. Such activities cannot
take place between 10:00 p.m. and 6:00 a.m. The State Bureau for Labor
Inspections (SBLI) effectively enforced these regulations in practice.
Infringement of child labor rules is subject to fines of up to two
million korunas (approximately $110,000). During the year the SBLI did
not report any cases of child labor law violations involving children
less than 15 years old. With respect to children ages 15 to 18, the
SBLI reported 14 cases of administrative violations of child labor law
during the year. However, no fines were imposed due to the minor nature
of the offenses.

e. Acceptable Conditions of Work.--The Ministry of Labor and Social
Affairs establishes and enforces minimum wage standards. During the
year the national minimum wage was 8,000 korunas (approximately $420)
per month and provided a decent standard of living for a worker and
family when combined with social benefits for low-paid workers. The
last update to the minimum wage occurred in 2007. The minimum wage is
enforced by the SBLI and was one of the main targets of SBLI
inspections.
The law provides for a 40-hour workweek, two days of rest, and a
break of at least 30 minutes during the standard eight-hour workday.
Employers may require up to eight hours per week of overtime when work
needs demand but may not require more than 150 hours of overtime in a
calendar year. Additional overtime is subject to the consent of the
employee. Premium pay for overtime, equal to at least 125 percent of
the average earnings, is governed by the provisions of the labor code.
During the year SBLI inspectors conducted 5,472 labor code
enforcement checks. The SBLI imposed fines totaling 23 million korunas
(approximately $1.2 million) for substantial violations of the labor
code involving contracts, wages, overtime pay, and rest periods.
According to the International Organization for Migration, the
standard conditions of work were not always observed in situations
involving migrant workers. Low-qualified foreign workers coming from
less developed countries were sometimes dependent on temporary
employment agencies to find and retain work. According to trade unions
and NGOs, migrants sometimes worked under substandard conditions and
were subject to inhumane treatment by these agencies. Most commonly,
salaries were paid to the agencies, which then garnished wages,
resulting in workers receiving subminimum wages, working overtime
without proper compensation, or working without any compensation at
all. Since migrant workers seldom filed formal complaints of such
abuses, authorities had few tools with which to intervene. The SBLI
undertook regular inspections and dealt with accusations of labor
infringements. During the year the SBLI inspected 89 work agencies
employing migrant workers. According to the SBLI, the inspections
revealed inconsistencies in work agreements, denials of salary bonus
payments, and inconsistencies involving working hours and overtime.
Although the SBLI did not establish any cases of systematic
discrimination based on citizenship, gender, age, or health status,
labor law violations were most frequently reported in cases where equal
labor and wage conditions differed for permanent staff and temporary
workers hired by agencies.
In accordance with the labor code, an employer is obliged to
provide safety and health protection in the workplace, maintain a safe
and healthy work environment, and prevent health and safety risks. The
SBLI effectively enforced health and safety standards. During the year
12,012 checks focused on health and safety standards and occurred
primarily (but not exclusively) in the construction industry and in the
manufacturing, transport, agricultural, and forestry sectors. The
inspections occurred both proactively and reactively during the year.
Fines in excess of 20 million korunas (approximately $1.1 million) were
imposed for cases of substantial infringement of the law. Workers have
the right to refuse work endangering their life or health without
risking the loss of their employment, and they exercised this right in
practice. Workers have both the right and obligation to strengthen the
efforts for protecting safety and health in the workplace by complying
with health and safety standards. The number of registered injuries in
the workplace decreased 9 percent from 2009, while the number of fatal
accidents increased by 3 percent over 2009.

__________

DENMARK

Denmark, with a population of approximately 5.5 million, is a
constitutional monarchy with democratic parliamentary rule. Queen
Margrethe II is head of state. A prime minister, usually the leader of
the majority party or coalition, is head of government and presides
over the cabinet, which is accountable to the unicameral Folketing
(parliament). The minority, center-right coalition government led by
the Liberal Party (Venstre) won a plurality of seats in the 2007
elections, which were deemed free and fair. Security forces reported to
civilian authorities.
Authorities often held pretrial detainees together with convicted
criminals, and there were instances in which they held children
together with adults. During the year there were three cases of persons
imprisoned for public speech or dissemination of statements that courts
found constituted racism, while two similar cases were pending at
year's end. Incidents of religious and ethnic discrimination against
minority groups continued to be reported, and Romani rights advocates
criticized the deportation of 37 Roma in July and August as
discriminatory. Domestic violence against women and trafficking in
women and children continued to be reported.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
on April 24, police shot and killed an individual during an attempted
robbery. A preliminary investigation indicated that the killing was
neither arbitrary nor unlawful.
On June 13, the Office of the National Prosecutor reopened a
November 2009 case in which police shot and killed a man who was armed
with a knife.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and there were no
reports that government officials employed them.

Prison and Detention Center Conditions.--Prison conditions
generally met international standards, and the Government permitted
monitoring visits by independent human rights observers, such as the
Institute for Human Rights and Rehabilitation, in accordance with the
UN's Optional Protocol to the Convention against Torture. Such visits
occurred during the year. However, authorities often held pretrial
detainees together with convicted criminals, and there were instances
in which authorities detained children together with adults. A law
passed in June reduced to 14 years the age at which authorities could
place children in police custody.
According to government statistics, 14,244 new inmates entered
prisons in 2009 (the most recent year for which statistics were
available), of whom 1,199 were women and 783 were juveniles. On
average, 3,715 prisoners (including 179 women and 24 juveniles) were
incarcerated on a given day during 2009, which represented
approximately 92 percent of the total prison capacity of 4,019 persons.
Prisoners have access to visitors and religious counsel. They may
adjust their work schedules to permit observance of their religion.
Prisoners are able to make complaints without censorship directly to
the Prison and Probation Service or via the parliamentary ombudsman.
The investigations of these complaints are kept in a public register.
The Government monitored prison and detention center conditions.
The parliamentary ombudsman is responsible for inspecting these
institutions. The ombudsman can serve on behalf of prisoners and
detainees to consider such matters as advocating for alternatives to
incarceration for nonviolent offenders to alleviate overcrowding;
addressing the status and circumstances of confinement of juvenile
offenders; and improving pretrial detention, bail, and recordkeeping
procedures to ensure that prisoners do not serve beyond the maximum
sentence for the charged offense. The ombudsman may not change a
decision by the Danish Prison and Probation Service but may act on
behalf of the prisoner to request reconsideration of a case. During the
year there were no known credible complaints to the ombudsman regarding
human rights violations or inhuman conditions at the state's prisons.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the national police, and the
Government has effective mechanisms to investigate and punish abuse and
corruption. There were no reports of impunity involving the security
forces during the year.

Arrest Procedures and Treatment While in Detention.--The law allows
police to begin investigations and make arrests either on their own
initiative based upon visual evidence, or based on a court order
following an indictment filed by public prosecutors with the courts.
Apprehended persons are brought before an independent judiciary.
If authorities take an individual into custody, the law mandates
that he or she be brought before a judge within 24 hours; however,
police are required by law to make every effort to limit this time to
less than 12 hours. Statistics were not available regarding the average
time prisoners were held prior to first appearance before a judge.
After coming before a judge, individuals may be detained for a further
period of up to 72 hours while the judge makes a decision on their
status. A foreigner arrested in connection with immigration proceedings
(i.e., deportation) may be held up to 72 hours before the initial
appearance before a judge. Authorities generally respected the right to
a prompt judicial determination and informed detainees quickly of
charges against them.
The country does not have a bail system; rather, a judge decides
either to release the detainee on his or her recognizance or to keep
the detainee in jail until trial. Pretrial detention is authorized only
if: the violation could incur a sentence longer than 18 months, there
is reason to believe the person is a flight risk, there is reason to
believe the person may intend to commit a new offense, or the person's
release would impede the investigation of the case. The period of
pretrial custody should not exceed four weeks. However, a court order
may further extend custody in four-week increments. According to the
Office of the Director of Public Prosecutions and the Ministry of
Justice, 89.4 percent of detainees served less than three months in
pretrial custody in 2008.
The minister of justice is responsible for the rules regarding the
treatment of pretrial detainees. A document circulated to police by the
Danish Prison and Probation Service outlines detainees' rights to
inform next of kin of their arrest, to contact a lawyer, and to have
access to medical treatment. The circular specifies that arrested
persons always have the right to unsupervised visits with an attorney
from the time they are brought to a police station. The Government
provided counsel for those who could not afford legal representation.
The police may deny other forms of visitation to those in custody,
subject to a court appeal. However, police generally did not restrict
visitor access in practice.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.

Trial Procedures.--The constitution and law provide for the right
to a fair trial, and an independent judiciary generally enforced this
right. Defendants are presumed innocent until proven guilty. Trials are
public. Juries must hear criminal cases in which the maximum penalty is
greater than four years' imprisonment. The law gives defendants the
right to timely consultation with an attorney, at public expense if
needed. Defendants have the right to question witnesses against them
and to present their own witnesses. Defendants and their attorneys have
access to government evidence relevant to their cases. The right of
appeal is automatic and encompasses both procedural matters and
sentences imposed. The law provides that courts may increase criminal
sentences through additional charges when bias is proved as a motive.
Bias can be based on race, ethnicity, gender, sexual orientation, or
religion. The law extends the above rights to all citizens.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--The country is subject to
legal decisions of the European Court for Human Rights (ECHR). The ECHR
did not issue any negative decisions related to the country during the
year. In 2009 the ECHR issued decisions against the country that found
three violations with respect to the length of legal proceedings, two
violations of the right to an effective remedy, and one violation of
the right to protection of property as provided under the European
Convention on Human Rights. The Government generally complied with the
ECHR's judgments against it, for example by providing compensation to
claimants.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters, including access to the court
system to bring lawsuits seeking damages for, or cessation of, a human
rights violation. There were no reported problems enforcing domestic
court orders. In addition to judicial remedies, administrative remedies
are also available.

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice. An independent press, an effective
judiciary, and a functioning democratic political system combined to
ensure freedom of speech and of the press. Individuals were able to
criticize the Government publicly and privately without reprisal. The
independent media were active and expressed a wide variety of views
with few restrictions.
The law prohibits any public speech or dissemination of statements
or other pronouncements by which a group of persons is threatened,
derided, or degraded because of their race, skin color, national or
ethnic background, faith, or sexual orientation; offenders may be fined
or imprisoned for up to two years. The law also prohibits ``blasphemy''
and provides that a person who publicly mocks or insults a legally
existing religious community's tenets of faith or worship may be fined
or imprisoned for up to four months. During the year, in addition to
prosecuting racially motivated crimes (see section 6), courts found
five individuals guilty of racism under the criminal code section which
makes racist behavior, including speech, directly punishable by law.
Three defendants served sentences ranging between 10 to 40 days in
prison, one was fined 1,000 kroner ($178), and one was put on
probation. Courts acquitted two other defendants tried during the year
under the same section of law.
In June parliament voted to lift the parliamentary immunity of
Jesper Langballe, a member of the Danish People's Party, so he could be
prosecuted for racism. A newspaper column in January quoted Langballe
as saying that ``Muslims kill their daughters [over crimes of honor]
and turn a blind eye while they are raped by their uncles.'' Langballe
himself supported the lifting of his immunity, asserting that he wanted
a court to hear the case. Langballe was writing in support of the views
of Lars Hedegaard, a freedom-of-the-press activist who made even
stronger remarks in 2009. A court fined Langballe 5,000 kronor ($890)
on December 3, after he pled guilty. Langballe argued that the law as
written made it impossible for a defendant to prove his innocence, and
as a member of parliament he attempted unsuccessfully to have the law
repealed. In August the public prosecutor charged Hedegaard with a
similar offense. The Hedegaard case was pending trial as of year's end.
Cartoonist Kurt Westergaard continued to receive security
protection due to threats on his life because of his controversial
cartoon depictions of the Prophet Mohammed, first published in 2005. On
January 1, authorities arrested a 28-year-old Somali man with a Danish
residence permit after, armed with an axe and a knife, he forced his
way into Westergaard's home in Aarhus. Police responded to the home
invasion, shot the intruder in the knee and the hand, and arrested him;
he was charged with attempted murder of the cartoonist and of a police
officer on duty. The Security and Intelligence Service (PET) considered
the attempted killing of Westergaard to be terrorism related. According
to PET's information, the arrested man had close relations to the
Somali terror organization al-Shabaab and to al-Qaida leaders in East
Africa.
On August 31, after a five-year investigation into Roj-TV, a
television network licensed in the country, for suspected links to the
Kurdish terrorist organization PKK/Kongra Gel, authorities charged the
network and its parent company with promoting the activities of a group
that commits or intends to commit acts of terrorism. The director of
public prosecutions stated that Roj-TV persistently broadcast
television programs with a content aimed at promoting and supporting
the activities of the PKK. The trial was scheduled to begin in August
2011. In December the Eastern High Court upheld a lower-court ruling
ordering police to unfreeze the station's bank accounts and return
funds seized at the time of the August indictment.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice. During the year, 262
individuals sued the Copenhagen police force, alleging mistreatment
during and after their detention in December 2009 in connection with
the UN Climate Change Conference in Copenhagen. The Copenhagen City
Court ruled in favor of the plaintiffs and ordered the police to pay
compensation.

c. Freedom of Religion.--For a complete description of religious
freedom, see the 2010 International Religious Freedom Report at
www.state.gov/g/drl//irf/rpt

Elections and Political Participation.--Free and fair parliamentary
elections took place in 2007 and resulted in the continuation of a
center-right coalition. In April 2009 Lars Loekke Rasmussen was named
prime minister, replacing Anders Fogh Rasmussen (no relation), who
resigned to become secretary general of NATO.
Political parties could operate without restriction or outside
interference.
In parliamentary elections in 2007, 67 women were elected to the
179-seat parliament, and after a cabinet reshuffle in February, there
were nine women in the 19-seat cabinet. Following municipal and
regional elections in November 2009, 32.1 percent of the members of
municipal councils and 35.1 percent of the members of regional councils
were women.
Four citizens of other than Danish, Greenlandic, or Faroese origin
were elected to the parliament in the 2007 elections. There were no
ethnic minorities in the 19-seat cabinet. There were 65 persons of non-
Danish ethnic origin among those elected to municipal councils in the
November 2009 municipal elections.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for corruption by officials,
and the Government generally implemented the law effectively. There
were isolated reports of government corruption during the year. One
involved an accusation that a police chief on the island of Funen had
regularly accepted free VIP tickets to a local event center since 2007,
allegedly in exchange for assurances that police would give permission
for performances to be held at the center.
Public officials are not subject to financial disclosure laws, but
government officials may not work on cases in which they have a
personal or economic interest or represent a person, or have close
relations to a person, who has a special interest in a specific matter.
Officials must inform their superiors of any possible issues that might
disqualify them. The Ministry of Justice and the State Employer's
Authority in the Ministry of Finance are responsible for combating
government corruption.
The law provides for public access to government information, and
the Government granted access to citizens and noncitizens, including
foreign media.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were generally cooperative and responsive to their views.
A parliamentary ombudsman investigated complaints regarding
national and local public authorities and any decisions they made
regarding the treatment of citizens and their cases. The ombudsman
could independently inspect, at his initiative, any facility within his
authority, such as prisons, detention centers, and psychiatric
hospitals. There was also a European ombudsman, who ensured compliance
with EU basic rights, and a consumers' ombudsman, who investigated
complaints related to discriminatory marketing. These ombudsmen enjoyed
the Government's cooperation, operated without government or political
interference, had adequate resources, and was considered effective.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, disability, language, or social status, and the Government
generally enforced the law effectively. However, there were incidents
of violence against women, child abuse, and trafficking in persons.

Women.--Rape, including spousal rape, is a criminal offense, and
the Government effectively prosecuted persons accused of such crimes.
In 2009 authorities received 431 reports of rape; charges were brought
in 297 cases, resulting in 51 convictions. As of October 25, there were
301 reports of rape. Penalties for rape include up to eight years'
imprisonment or up to 12 years' imprisonment in aggravating
circumstances.
Violence against women, including spousal abuse, remained a
problem. According to the Ministry for Gender Equality, an estimated
28,000 women and 21,000 children experienced domestic violence
annually. The National Organization of Shelters for Battered Women
reported that in 2009, 36 crisis centers in Denmark proper (excluding
Greenland and the Faroe Islands) received 14,821 applications for
assistance. Of these, 7,430 were inquiries about available rooms at a
shelter; in 2,991 cases, shelter space was available. Authorities
estimated that 1,858 women moved into shelters in 2009. Under the law,
any assault on another person is illegal. This also applies to domestic
violence and rape. Penalties include imprisonment for up to 12 years,
depending on the seriousness of the offense. The Government and
nongovernmental organizations (NGOs) operated 24-hour hotlines,
counseling centers, and shelters for female victims of violence and
embarked on nationwide information campaigns and police training on
gender-based violence.
Honor killings were a relatively new phenomenon. In 2007 the
national police force formally published a strategy to identify and
combat such crimes. In 2009 police reported 185 separate cases
involving honor-related crimes such as forced marriage and threats.
They did not officially identify any honor-related killings during the
year.
The law prohibits sexual harassment and provides for monetary
compensation for victims, paid by the perpetrator and/or the employer
who allowed or failed to prevent the incident. The Government
effectively enforced the law. Few cases were reported during the year.
The Government recognized the basic right of couples and
individuals to decide freely and responsibly the number, spacing, and
timing of their children and to have the information and means to do so
free from discrimination, coercion, and violence. Health clinics and
local health NGOs were permitted to operate freely in disseminating
information on family planning under the guidance of the Ministry of
Public Health. There were no restrictions on access to contraceptives,
and the Government provided free childbirth services. Women have
unfettered access to maternal health services including skilled
attendance during childbirth. Women also used nurses and midwives for
prenatal and postnatal care unless the mother or child suffered more
serious health complications. The maternal mortality rate is low, with
only one known case during the year. According to a 2008 estimate of
the UN Population Fund, maternal mortality was five deaths per 100,000
live births. Men and women had equal access to diagnosis and treatment
for sexually transmitted infections, including HIV.
Women have the same legal status as men, including under family
law, property law, and in the judicial system. The law requires equal
pay for equal work. However, the Women's Council in Denmark reported
that men, on average, earn as much as 18 percent more per hour than
women. In the public sector, the difference was reported to be 20
percent. Women held positions of authority throughout society, although
they were notably underrepresented in senior business positions and as
university professors.
In January the Office of the Prime Minister instructed that all
public-sector workplaces ``must be made aware of existing rules so that
burqas and niqabs are not worn in central government, regional, or
municipal work places'' because the Government ``is determined to fight
the views about . . . women which the burqa and the niqab symbolize.''
In August 2009 the UN Committee on the Elimination of
Discrimination against Women released a report indicating that women
occupied 13 percent of the management positions in the labor market.
The report noted that aside from the difference in pay, women generally
did not experience economic discrimination in access to employment,
credit, or owning or managing businesses.

Children.--Citizenship is primarily derived from one's parents.
Citizenship is automatically given to children of married parents,
provided one parent is a citizen, and to children of unwed citizen
mothers. The child of an unmarried citizen father and a foreign mother
can only become a citizen if the child is born in the country. Anyone
born in the country who would otherwise be stateless has the right to
obtain citizenship either at birth or by application at a later date.
The law requires that all persons practicing medicine in the country
register the births of the children they deliver.
During the first half of the year, police received 85 reports of
the sexual abuse of children, compared with 131 reports for 2009.
Female genital mutilation (FGM)--with or without consent of the
victim or her parents--is illegal and carries a maximum penalty of six
to 10 years in prison. The law applies to nationals and residents,
regardless of whether the act was committed within the country or
abroad and regardless of whether the act was a criminal offense under
the law of the country where it was committed. The first case of FGM to
be prosecuted in the country was tried in 2009. A court convicted a 49-
year-old woman of Eritrean background of performing FGM on her two
daughters. The court sentenced her to two years in prison, of which 18
months were suspended and the remaining six months corresponded to time
served. The husband was acquitted. The Government conducted information
campaigns targeting the problem of FGM.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--The Jewish population was estimated at 6,000
persons. There were isolated incidents of anti-Semitism. According to
victims' reports, the perpetrators were mainly immigrants, many of them
from Arab and other Muslim countries. Most incidents involved
vandalism, such as graffiti, and nonviolent verbal assaults.
In December PET released its annual report on religious- and race-
related crime reported in 2009. The report included 21 incidents
attributed specifically to religious motivation, up from nine incidents
in 2008, but did not distinguish between anti-Semitic and other forms
of religious motivation. The increase was attributed to a broadened
definition of religiously motivated crime and a campaign to encourage
local police precincts to report such crimes more reliably. Only one of
the 21 incidents was involved violence; the others included harassment,
graffiti and other vandalism, propaganda, and threats of violence. The
Mosaic Religious Society, which represents one-third of the country's
Jewish population, claimed that there were seven incidents of anti-
Semitism in the first half of the year and 22 in 2009.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities in employment,
education, access to health care or other state services, and other
areas, and the Government effectively enforced these provisions in
practice. The law mandates access to buildings, education, information,
and communications for persons with disabilities, and the Government
generally enforced these provisions in practice.
The Ministry of Social Affairs has responsibility for protecting
the rights of persons with disabilities, and implementation is the
responsibility of municipal governments. The Danish Disability Council,
a government-funded organization, monitored the status of persons with
disabilities and advised the Government and the parliament on issues
relating to disability policy. The Equal Opportunities Center for
Disabled Persons is a government-funded entity that documented and
alerted the Government to inequalities in society that affected persons
with disabilities. The Danish Institute for Human Rights and the
parliamentary ombudsman were also involved in monitoring the treatment
of disabled persons. Each year, the ombudsman receives a significant
number of complaints related to discrimination against persons with
disabilities.
In April 2009 the Government reported that more than 16,000 adults
were in state-sponsored, long-term or temporary, special-care
facilities for the persons with physical or mental disabilities.. The
state also provided protected employment for approximately 9,000
persons with disabilities and offered 22,500 such individuals special
state-sponsored activities to assist in their well-being. This was a
part of the state's effort to move care for persons with disabilities
from institutions to a home environment to promote greater individual
self-reliance and reduced dependence on the public sector.

National/Racial/Ethnic Minorities.--In December 2009 PET reported
175 recorded hate crimes for 2008, the most recent year for which
figures were available. This represented roughly a five-fold increase
compared to 2007. Police attributed the increase to a new definition
used by PET of what constitutes a hate crime broadened to include
crimes motivated by political issues, skin color, nationality, ethnic
origin, religious beliefs, and sexual orientation. For the first time,
PET combined its hate crime cases with those from the various regional
and national police registries. According to police, hate-crime victims
included ``Jews and people of an ethnic origin other than Danish''
(mostly African or Middle Eastern ethnic groups). Members of minority
groups were sometimes the perpetrators of incidents against other
minority groups. Reported cases included such hostile actions as
graffiti, vandalism, theft, and racist Internet and written messages.
The Government effectively investigated and dealt with cases of
racially motivated violence.
The presence of ethnically and racially diverse refugees and
immigrants (mostly Turks, Iraqis, Lebanese, Pakistanis, Somalis,
Afghanis and refugees from the former Yugoslavia) caused some tension
between citizens and immigrants, which were documented in press
reports. A report released by the EU Human Rights Agency in December
2009 stated that every third Somali in the country had experienced some
form of racial harassment. During the year a local police department
fined an individual 1,000 kroner ($178) for refusing to pay a fare to a
taxi driver because the driver was of an ethnic origin other than
Danish and for using language derisive of the driver's ethnic origin in
the ensuing argument.
During July and August, the Government expelled 37 Roma to Romania
after arresting them for illegal camping and trespassing in an
abandoned building. The European Roma Rights Center (ERRC) criticized
this action, asserting that the authorities failed to conduct
individual assessments of the persons concerned and was discriminatory
in singling out Roma. The ERRC charged the authorities with violating
the European Convention on Human Rights, and on September 3, the ERRC
filed an appeal against the deportations with the Danish Ministry of
Refugees, Immigration, and Integration Affairs. The case was pending at
year's end.
In August the UN Committee on the Elimination of Racial
Discrimination (CERD) reviewed the country's periodic report to that
body. While the committee observed some positive developments, CERD
disapproved of the wide breadth of power given to the director of
public prosecutions, especially related to the handling and
discontinuance of cases involving racism.
During the year a steering group of experts from the Copenhagen
police department, the City of Copenhagen, the Danish Institute for
Human Rights, and the City of Frederiksberg initiated a campaign to
discourage hate crimes, including those motivated by ethnic and racial
hostility (see Section 6, Societal Abuses, Discrimination, and Acts of
Violence Based on Sexual Orientation and Gender Identity).

Indigenous People.--The law protects the rights of the indigenous
Inuit inhabitants of Greenland. Greenland's legal system seeks to
accommodate their customs, provides for the use of laypersons as
judges, and sentences most prisoners to holding centers (rather than
prisons), where they are encouraged to work, hunt, or fish during the
day.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The annual Copenhagen Pride
parade was held August 18-22 and was followed by a ``pride show'' in
Copenhagen's main town square.
During the year the Danish Institute for Human Rights joined with
local governments and the Copenhagen police department to launch a
campaign to discourage hate crimes. The stated goals of the campaign
were to persuade victims and witnesses of hate crimes to report them to
the police; prevent and combat hate crime; create a safe public
environment in Copenhagen and Frederiksberg, especially for minority
groups at risk of being victimized by hate crime; increase the general
public's understanding of hate crime; and inform the public on places
where victims of hate crimes can get help. It was too early to assess
the effectiveness of the campaign.
There were no reports of official or systematic societal
discrimination based on sexual orientation.

Other Societal Violence or Discrimination.--There were no reports
of societal discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law states that all workers,
including military and police personnel, may form or join independent
unions of their choosing without previous authorization or excessive
requirements. These laws were effectively enforced. Approximately 76
percent of wage earners belonged to unions. Unions could conduct their
activities without government interference. The law provides for the
right to strike, and workers exercised this right during the year by
conducting legal strikes. In some cases, when a strike occurs, not all
union members may strike.

b. The Right to Organize and Bargain Collectively.--Collective
bargaining is protected by law and was freely practiced. Members of the
workforce associated with unions were covered by annual collective
bargaining agreements. These agreements also indirectly influenced
wages and working conditions for the rest of the workforce. The law
allows unions to conduct their activities without interference, and the
Government protected this right in practice.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and there were no
reports that such practices occurred. Also see the Department of
State's annual Trafficking in Persons Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits the exploitation of children in the workplace, and the
Government effectively enforced this prohibition in practice. No
instances of child labor were reported.
The minimum legal age for full-time employment is 15 years. The law
sets a minimum age for part-time employment of 13 years; however,
school-age children are limited to less strenuous tasks. The law limits
work hours and sets occupational health and safety restrictions for
children.
Child labor law is enforced by the Danish Working Environment
Authority (DWEA), an autonomous arm of the Ministry of Labor.

e. Acceptable Conditions of Work.--The law does not mandate a
national minimum wage; minimum wages are negotiated between unions and
employer associations. According to statistics released on March 1, the
average minimum wage for all private and public sector collective
bargaining agreements was 106 kroner ($19) per hour, exclusive of
pension benefits. The wage provided a decent standard of living for a
worker and family. Migrant workers are entitled to the same minimum
wages and must adhere to the same employment regulations as citizens.
Workers generally enjoyed a 37-hour workweek that was established
by contract rather than by law. Workers received premium pay for
overtime and were not subjected to compulsory overtime. Working hours
were determined by collective bargaining agreements that adhered to the
EU directive that an average workweek not exceed 48 hours.
The law prescribes conditions of work, including safety and health;
the DWEA ensured compliance with labor legislation. The same laws
protect legal migrants and foreign workers, and this was enforced in
practice.
During the first 10 months of the year, the DWEA conducted 19,489
company screenings, visits, and inspections and made 8,554 requirements
for additional information or improvements concerning working-
environment problems, compared with 10,917 such requests out of 25,623
inspections in 2009. If required improvements are not carried out
within a specified time, the DWEA has the authority to take the case to
police or the courts. Workers may remove themselves from hazardous
situations without jeopardizing their employment, and authorities
effectively enforced this right in practice. Greenland and the Faroe
Islands have similar work conditions, except that their standard
workweek was established by collective bargaining at 40 hours.

__________

ESTONIA

With a population of 1.34 million, Estonia is a multiparty
constitutional parliamentary democracy with a unicameral parliament, a
prime minister as head of government, and a president as head of state.
Parliamentary elections held in 2007 were generally free and fair.
Security forces reported to civilian authorities.
There were problems in some areas. There were allegations that
police used excessive force during the arrest of suspects; authorities
investigated and brought charges against alleged offenders. Some
shortcomings remained in detention center conditions; lengthy pretrial
detention continued to be a problem; domestic violence, inequality of
women's salaries, child abuse, and trafficking of women were also
reported.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, there were
reports that police used excessive physical force and verbal abuse
during the arrest and questioning of suspects.
During the year authorities processed 37 criminal cases related to
police officers' excessive use of force. They dropped charges in 27
cases and sent two to the prosecutor's office for further action. At
year's end, eight cases were pending.

Prison and Detention Center Conditions.--The legal chancellor (the
country's ombudsman) found a number of deficiencies in prison and
detention center conditions, particularly in detention centers, where
detainees are kept for short periods. The Government sought to correct
some of these deficiencies. The Government permitted visits by
independent human rights observers.
In September the country's prisons and detention centers held 3,436
persons, including 2,682 convicted prisoners and 754 pretrial
detainees. Women made up 5.7 percent of the prisoners, and persons
under the age of 18 accounted for 1.3 percent.
Following visits in 2009 to detention centers in Rakvere,
Kuressaare, and Haapsalu, the legal chancellor reported deficiencies in
detainees' ability to take care of personal hygiene; deficient living
conditions were a problem also in Voru and Valga police prefectures,
although small renovations had improved the facilities. Some detention
facilities lacked any possibilities for exercise. The legal chancellor
reported insufficient access by detainees to legal information and
incorrect registration of official documents, including the personal
files of detainees.
During 2009 the chancellor also visited Murru and Tartu prisons,
the former dating from the Soviet era. With regard to prisons, the
chancellor noted that some shortcomings in physical facilities
remained, including inadequate washrooms, primarily in Murru prison,
which housed fewer than 500 prisoners. The chancellor also noted that
more than half of all prisoners serve time in contemporary prisons.
Authorities permitted prisoners and detainees to submit complaints
to judicial authorities without censorship and to request investigation
of credible allegations of inhumane conditions. However, the chancellor
reported that information available to prisoners about their rights and
about measures they could take to improve their circumstances was
inadequate. Authorities investigated all complaints and documented the
results of their investigations in a publicly accessible manner.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. However, the chancellor criticized a
serious shortage of telephones that limited the ability of prisoners to
make contacts outside. He also noted that in Murru prison, the staff
possessed inadequate knowledge of Russian to communicate properly with
Russian-speaking prisoners.
In September the Harju County Court announced the results of a
trial in which a former acting director of Murru Prison, a former
security chief, and a former warden were charged with negligence that
lead to the deaths of two inmates at the hands of other prisoners in
2006. The court acquitted the former acting prison director on all
charges but convicted the former security chief of covering up the
first-degree crime and fined him 58,200 kroon ($4,900). On October 13,
the court convicted the former warden as an accessory to murder and was
sentenced him to three years in prison. At year's end the sentence was
being appealed to the district court.
The Government permitted local and international human rights
groups and the media to monitor prison conditions, and such monitoring
occurred during the year. The Council of Europe's Committee for the
Prevention of Torture last visited the country in 2007. Authorities had
not released the report on that visit by year's end. The legal
chancellor may not act on behalf of individual prisoners but can make
recommendations to ministries to improve such matters as detention
conditions and record-keeping procedures.
The chancellor noted that the Government continued to make
improvements in prison facilities. For example, in Murru Prison rooms
for the provision of health care services were refurbished and,
according to the prison administration, other parts of the facility
that were in particularly poor sanitary condition were being
refurbished step by step.

d. Arbitrary Arrest or Detention.--The constitution and laws
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the national police, the border guard
board, the security police board, and the tax and customs board, and
the Government has effective mechanisms to investigate and punish abuse
and corruption. There were no reports of impunity involving the
security forces during the year.

Arrest Procedures and Treatment While in Detention.--By law
authorities must in most cases possess warrants issued by a court to
make arrests. They must inform detainees promptly of the grounds for
their arrest. There is a functioning bail system. Authorities may hold
a person for 48 hours without charge; further detention requires a
court order. Police rarely violated these requirements. Detainees are
entitled to immediate access to legal counsel, and the Government pays
for legal counsel for indigent persons. The legal chancellor reported
cases of insufficient access to legal documentation in prisons and
detention centers and insufficient telephones to contact family
members.
Lengthy pretrial detention was a problem. By law authorities may
hold a person in pretrial detention for six months. In a particularly
complex criminal case, the judge responsible for the preliminary
investigation may extend the length of detention at the request of a
chief public prosecutor. Approximately 24 percent of the incarcerated
population was in pretrial detention; the average length of pretrial
detention was seven months.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.

Trial Procedures.--Defendants enjoy a presumption of innocence and
have the right of appeal. Trials are public. Juries are not used. Cases
may be heard by a single judge, a judge together with public assessors,
or a committee of judges. Defendants have the right to be present and
to consult with an attorney in a timely manner. In criminal
proceedings, an attorney is available to all defendants at public
expense, although individuals often preferred to hire their own
attorneys. In civil proceedings, an attorney is provided for indigents.
Defendants may confront or question witnesses against them and present
witnesses and evidence on their own behalf. Defendants and their
attorneys have access to government-held evidence relevant to their
cases. The law extends these rights to all residents, whether or not
they are citizens.
The constitution provides for the right to a fair trial, and an
independent judiciary generally enforced this right.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--In 2009 the European Court
of Human Rights delivered four judgments in which it found violations
of the provisions of the European Convention on Human Rights or its
protocols. When the cases involved individuals, authorities made the
necessary awards within the required three months. In a finding related
to policies and laws, the Ministry of Justice prepared corrective
legislation, which was with parliament at the end of the year.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. There is access to a court to
bring lawsuits seeking damages for, or cessation of, a human rights
violation. Administrative as well as judicial remedies are available
for alleged wrongs. There were no problems with enforcing civil court
orders.

Internet Freedom.--There were no government restrictions on access
to the Internet and no reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
During the year approximately 75.1 percent of the population used the
Internet, and 68 percent of households had Internet access in the home.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for this right, and the Government
generally respected it in practice.

Freedom of Association.--The constitution provides for this right
for citizens, and the Government generally respected it in practice.
The law specifies that only citizens may join political parties, but
noncitizens are free to join other civil groups.

c. Freedom of Religion.--For a description of religious freedom,
please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.
The constitution prohibits forced exile, and the Government did not
employ it.

Protection of Refugees.--The laws provide for the granting of
asylum or refugee status, and the Government has established a system
for providing protection to refugees.
The Government has a ``safe country of origin or transit'' policy;
it regarded countries that were parties to the 1951 refugee convention
as safe countries, but authorities reported that they granted
interviews to all individual asylum seekers. In practice the Government
provided some protection against expulsion or return of refugees to
countries where their lives or freedom would be threatened on account
of their race, religion, nationality, membership in a particular social
group, or political opinion. During the year, 33 persons applied for
asylum. The Government granted refugee status or asylum to 11
individuals. Government officials indicated that it made decisions on
asylum claims after soliciting the UNHCR's views. A negative decision
on an asylum claim may be appealed to the courts and such appeals have
been made. The applicant may remain in the country during the
procedure.
The UNHCR, in its Universal Periodic Review of the country's
refugee practices, released in July, referred to ``the remarkably low
number'' of registered asylum seekers at the border, and suggested a
``possible lack of access to the asylum procedure for persons in need
of international protection who are being turned away at the border.''
In particular the UNHCR criticized the authority that the border guards
have to conduct the initial examination of asylum claims submitted at
the border with ``the power to refuse entry, if there is a manifestly
unfounded case. In such situations, the asylum seeker is immediately
sent away from the Estonian border.'' Government representatives
indicated that border guards underwent thorough training in the asylum
process as part of the process of the country's joining the Schengen
Area. Observers have noted that the small number of applicants may be
due to the comparatively low level of asylee benefits compared with
some neighboring countries.
During the year the Government provided temporary protection to six
individuals who did not qualify as refugees.

Stateless Persons.--Citizenship derives from one's parents.
According to government statistics, at the end of the year, 100,942
persons, or 7.5 percent of the population, were of undetermined
citizenship or de facto stateless. A large majority of the stateless
were ethnic Russians, Ukrainians, Belarusians, or other Russian
speakers who became stateless due to state succession. The UNHCR
recorded 104,813 stateless persons as of the end of 2009.
Nearly all stateless persons were long-term residents and, as such,
could vote in local, but not parliamentary, elections. There are
statutory procedures that offer opportunities to gain legal residence
status or citizenship. Individuals of undetermined citizenship were
eligible to apply for naturalization, but must pass language and civics
tests before acquiring citizenship. In 2009, 55 percent of those taking
the test at the level required to acquire citizenship passed.
Authorities have adopted policies, such as funding citizenship and
language courses and simplifying the process for persons with
disabilities, to facilitate acquisition of citizenship by those
stateless persons who wish it. Children under 15 years of age whose
parents are residents of undetermined citizenship and have lived in the
country for five years are eligible to acquire citizenship at their
parents' request.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--In 2007 the country held
parliamentary elections, considered free and fair, that led to the
formation of a coalition government. Political parties could operate
without restriction or outside interference.
In June 2009 the country held elections to the European Parliament,
and in October 2009 there were nationwide municipal elections. Both
were considered free and fair.
Only citizens may vote in parliamentary elections or be members of
political parties. Noncitizens who reach the age of 18 by election day,
whose address in their rural municipality or city is entered in the
population register, and who reside in the country on the basis of a
long-term residence permit, may vote in local elections. Resident
noncitizens may not run for office.
Citizens of the European Union (EU) who have established permanent
residency may also vote in local elections, and those EU citizens who
are registered in the country's population register may vote in
elections to the European Parliament.
There were 24 women in the 101-seat parliament. The speaker and
deputy speaker of the parliament were women. There was one female
minister in the 13-member cabinet.
Nine members of ethnic minorities served in the 101-seat
parliament.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented these laws effectively. As
demonstrated in the World Bank's broad-based corruption indicators, the
Government has effective mechanisms to investigate and punish abuse and
corruption. There were several reports of government corruption during
the year.
There were reports of corruption among the judiciary. In January a
former Viru County court judge was jailed for two years for claiming
and accepting a bribe to release a murder suspect. In March a Parnu
County court sentenced another former Viru County court judge to two
years and eight months in jail for taking a bribe and leaking details
to criminals of a surveillance operation he had himself authorized.
Some of the leaked information was considered highly confidential. On
November 19, a former Voru County court judge sentenced Vambola Oll to
six months in prison and three-and-a-half years' probation for
knowingly making an illegal decision to favour one of his acquaintances
in a misdemeanour case and for accepting a bribe.
On May 26, the Supreme Court let stand the Harju County court's May
2009 conviction of businessman Aivo Parn, lawyer Tarmo Sild, and former
minister of environment Villu Reiljan of attempted bribery in
connection with the sale of a building belonging to the Ministry of the
Environment. The former minister received a suspended jail sentence of
two years and three months for demanding a bribe, while the court fined
the lawyer and the businessman, the former for acting as intermediary
and the latter for promising a bribe.
No verdict was announced by year's end in the trial of former
environment minister and former head of the People's Union political
party, Villu Reiljan, who was charged with illegally approving the
exchange of protected land in nature preserves for other state
properties. The trial began in the Harju County court in November 2009.
State prosecutors also charged two well-known politicians, the head of
a state agency, and a group of businessmen with involvement in the
illegal exchange.
Public officials are subject to financial disclosure laws. The
Justice Ministry is responsible for coordinating anticorruption
activities.
The law provides for public access to government information and
allows for monitoring of the public sector's performance. The
Government provided access to citizens and noncitizens in practice,
including foreign media.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were usually cooperative and responsive to their views.
The legal chancellor, an independent official with a staff of 30
persons, performs the role of human rights ombudsman. The legal
chancellor reviews legislation for compliance with the constitution and
oversees observance by authorities of fundamental rights and freedoms
and the principles of good governance. The legal chancellor also helps
resolve accusations of discrimination based on gender, race,
nationality (ethnic origin), color, language, religion, social status,
age, disability, and sexual orientation. The legal chancellor makes
recommendations to ministries and local governments, requests
responses, and has the authority to appeal to the Supreme Court. The
legal chancellor compiles an annual report for parliament. Public trust
in the office was high, and the Government was responsive to the
reports and decisions issued by this office.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, gender,
disability, language, or social status, and the Government generally
enforced the prohibitions. However, violence against women and child
abuse were problems.

Women.--Rape, including spousal rape, is illegal, and authorities
prosecuted rape cases. The penalty for rape is up to 15 years'
imprisonment. In 2009 police reported 124 rapes, 40 percent of all
sexual crimes. In 2009 courts convicted 52 persons of sexual assault,
including 32 for sexual assault of minors.
Violence against women, including spousal abuse, was a problem.
NGOs reported that one woman in four has suffered physical, sexual, or
emotional domestic violence, and NGOs considered domestic violence a
serious problem. The law prohibits physical abuse; it does not
differentiate between acts committed against men and women. Such abuse
is punishable by a fine or imprisonment of up to three years, up to
five in instances of longstanding and unremitting violence. In 2009
police reported 4,518 cases of physical abuse, including domestic
violence and physical abuse of minors, 59 percent of all violent
crimes. In the same year courts convicted 1,160 individuals of physical
abuse, including 15 who abused minors. A total of 39 individuals,
including one whose victim was a minor, were convicted of longstanding
and unremitting violence. Victims of domestic violence may obtain help,
including counseling and legal assistance, from social workers employed
by local governments and from specialized NGOs.
The law prohibits sexual harassment; however, some incidents of
sexual harassment in the workplace occurred. According to the law,
disputes over sexual harassment may be resolved in court, by an
administrative hearing by the legal chancellor, or by the gender
equality and equal treatment commissioner. An injured party may demand
compensation for damages and termination of the harmful activity.
During 2008 one local branch of the Labor Inspectorate handled five
harassment cases involving four women and a man who filed complaints
against their supervisors. In 2009 the maximum compensation for damages
was 50,000 kroon ($4,490). During the year the gender equality and
equal treatment commissioner received three complaints regarding sexual
harassment; all were from women. Of women participating in a government
survey, 4.4 percent had experienced sexual harassment.
The Government recognized the basic right of couples and
individuals to decide freely and responsibly the number, spacing, and
timing of their children and to have the information and means to do so
free from discrimination, coercion, and violence. Health clinics and
local health NGOs operated freely in disseminating information on
family planning. There are no restrictions on access to contraceptives.
The incidence of maternal mortality is low. According to 2008 UN
estimates, the maternal mortality rate was 12 deaths per 100,000 live
births. Access to maternal health services, including skilled
attendance during childbirth, prenatal care, essential obstetric care,
and postpartum care is available free of charge. Women received equal
access to diagnosis and treatment for sexually transmitted infections,
including HIV.
Although women have the same legal rights as men under the law and
are entitled to equal pay for equal work, these rights were not always
observed in practice. While the average educational level of women was
higher than that of men, women's average pay was generally lower, and
there continued to be female- and male-dominated professions. According
to government statistics, women earned on average 30.3 percent less
than men in 2007. The 2004 Gender Equality Act established the position
of Gender Equality and Equal Treatment Commissioner, an independent and
impartial expert who monitors compliance with that law. The Gender
Equality Department of the Ministry of Social Affairs, established in
1996, is responsible for coordinating the Government's efforts to
eliminate gender inequality, drafting legislation to this end, and
promoting gender equality.

Children.--Citizenship derives from one's parents. One citizen
parent may pass citizenship to a child regardless of the other parent's
citizenship status. Children born to members of the country's large
population of stateless persons were automatically stateless unless a
long-term resident parent applied to obtain citizenship for the child
before the child reached the age of 15.
Child abuse continued to be a problem. In 2008 police reported 762
cases of violence against children, including domestic and school
violence. The police and the Border Guard Board worked to combat child
abuse, including sexual abuse of children.
In 2009 police registered 49 cases of rape of minors. Police
registered 200 cases of sexual abuse of persons under 18 years of age,
including 34 cases involving victims under the age of 14. In 2009
courts convicted 32 persons of sexual assault of minors. There is no
legal minimum age for consensual sex. The law prohibits child
pornography; punishment ranges from a fine to as much as three years in
prison.
In September 2009 in a report issued following a 2008 visit to the
country, the UN special rapporteur on the sale of children, children in
prostitution, and child pornography emphasized that the age of consent
for children should not be younger than 18. The rapporteur recommended
assigning the role of ombudsman for children's rights to the legal
chancellor.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual Report on Compliance with the Hague Convention on the
Civil Aspects of International Child Abduction at http://
travel.state.gov/abduction/resources/congressreport/congressreport--
4308.html as well as country-specific information at http://
travel.state.gov/abduction/country/country--3781.html.

Anti-Semitism.--The Jewish community was estimated to number
approximately 2,500 persons.
There was one report of anti-Semitic vandalism. On September 20,
the Israel-based Coordination Forum for Countering Anti-Semitism
reported that unknown persons spray painted swastikas on trees at the
entrance to a Holocaust memorial at Klooga.
On July 31, a march was held in Sinimae to honor veterans who had
been part of the 20th Estonian Waffen SS Grenadier Division. The event
has been a source of controversy in the past due to the connection
between non-Baltic Waffen SS units and Nazi war crimes. There were no
additional reports of anti-Semitic statements or actions associated
with the event.
The Government took a number of steps to associate itself with
commemoration of the Holocaust and to encourage best practices in
teaching about it in schools.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

National/Racial/Ethnic Minorities.--While there is no specific law
prohibiting hate crimes, the law prohibits incitement to hatred,
violence, or discrimination on a variety of grounds, including
nationality, race, skin color, language, and social origin.
In August the UN Committee on the Elimination of Racial
Discrimination (CERD) recommended that the country prohibit racist
organizations and that it make incitement of hatred on racial grounds a
punishable offense. The existing law limits the prosecution of hate
speech to acts that result in serious consequences. The report called
for the state to redouble its efforts to address various forms of
discrimination and further the integration of minorities, especially
where language is an issue. The committee emphasized the importance of
transforming the existing human rights institutions into an independent
national human rights institution that would comply with the Paris
Principles.
The Government provides for the protection of the cultures of
minority groups. However, some observers alleged that a law related to
minority cultural autonomy is discriminatory because it has not been
successfully used to support the large Russian population. In order for
a minority group to receive the status of cultural autonomy, there must
be an organization that represents a significant fraction of that
minority's population; however, no single NGO represented the required
fraction of the 343,000 ethnic Russians, so they did not enjoy this
status. Ingrian Finns and Coastal Swedes were the only two groups to
achieve recognition as culturally autonomous. The Government funds
language and cultural programs for a number of other minority groups,
including Russians. In districts where more than half of the population
speaks a language other than Estonian, the law entitles inhabitants to
receive official information in that language, and the law was
respected in practice. The August UN CERD report recommended that the
Government extend this entitlement to all districts regardless of the
number of non-Estonian speakers. In practice the Government has already
made attempts to do so.
Russians, Ukrainians, and Belarusians are the largest ethnic
minorities, together making up 29 percent of the population. The
Government encouraged social integration through a policy that promotes
naturalization and learning Estonian. Knowledge of Estonian is required
to obtain citizenship, and all public servants and public sector
employees, service personnel, medical professionals, and sole
proprietors must possess a minimum competence in the language. A
Language Inspectorate enforces language skills among these sectors
through referrals to language classes and small fines. Proficiency is
usually determined through examination; however, citizenship applicants
who already passed the basic-level language proficiency examination or
the basic school final examination for Estonian as a second language do
not have to take the citizenship language examination.
Largely for historical reasons, Russian speakers work
disproportionately in blue-collar industries and continued to
experience higher unemployment than ethnic Estonians.
Some noncitizen residents, particularly ethnic Russians, alleged
that the language requirement resulted in job and salary
discrimination. Many Russian speakers believed they would face job
discrimination even if they possessed adequate Estonian. The country's
Human Development Report for 2008, prepared by a local NGO, noted that
Russian speakers who possess equal human capital (fluent Estonian,
higher education, and Estonian citizenship) faced greater difficulty
finding positions as managers and professionals than did ethnic
Estonians.
More than 100 schools, 58 of them high schools, employed the
Russian language for their instruction. The Government continued to
implement its plan to provide 60 percent of all instruction in the
``Russian-language'' high schools in the Estonian language by the 2011-
12 school year. Many of these high schools have implemented this
transition more rapidly than required by the Governmental plan.
Roma, who numbered fewer than 1,000, were primarily located in
three areas in the country. Roma communities reportedly faced
discrimination in employment and other areas. The Government took steps
to emphasize the importance of education for Romani children, but a
December 2009 report of the European Commission against Racism and
Intolerance recorded the persistence of a high dropout rate and late
entry into school among Romani children. The report also noted
complaints that Romani children were being placed in schools for
disabled children even though they were not disabled. A social worker
explained that this was the only available mechanism to prepare the
children for school, and one head of the Romani community told the
press that the Roma themselves were to blame for not preparing their
children for school. There were 15 students officially registered as
Roma in the school system, but the Ministry of Education and Research
estimated that there were approximately 90 students of Romani ancestry
who identified themselves as Estonian- or Russian-speakers. With
funding from the Ministry of Education and Research, the University of
Tartu was conducting research, in cooperation with representatives of
the Romani community, to devise strategies to boost educational
performance and reduce the dropout rate among Romani youth.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--By law no person may be
discriminated against on the basis of gender, sexual orientation, or
other personal characteristics, and the Government generally respected
these rights. There were no reports of official discrimination based on
sexual orientation in employment and occupation, housing,
statelessness, or access to education or health care. Human rights NGOs
and lesbian, gay, bisexual, and transgender groups, as well as private
individuals, actively participated in public discussions dealing with
issues connected to the rights of the LGBT community, but some
activists expressed concern with the authorities' unwillingness to
pursue more aggressively possible misdemeanors under the penal code
involving incitement to hatred. While there were no reports of violence
or human rights abuses specifically targeting individuals based on
their sexual orientation or gender identity during the year, activists
contended that the society was not very accepting of LGBT persons. Most
LGBT persons do not reveal their sexual identities and would avoid
reporting incidents to police. Anti-LGBT messages do not appear in
mainstream media, but there were instances of performances in private
clubs with anti-LGBT themes and recordings of music videos posted to
social networking sites with lyrics and actions that encourage violence
against gays and lesbians.

Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law provides for the right of
workers to form and join independent unions of their choice without
previous authorization or excessive requirements; however, some workers
found it difficult to exercise this right in practice. The
Confederation of Estonian Trade Unions (EAKL) continued to report
frequent violations of trade union rights in the private sector. Less
than 8 percent of the total workforce belonged to trade unions; unions
were present in the energy, transportation, teaching, public service,
media, and services sectors, among others. The law allows unions to
conduct their activities without interference, and the Government
generally respected this right in practice.
The law provides for the right to strike, and workers exercised
this right in practice. Public servants at the state and municipal
levels do not have the right to strike; there is a practice in place by
which they may negotiate directly with their employers.

b. The Right to Organize and Bargain Collectively.--According to
government statistics, collectively bargained contracts covered
approximately 32.7 percent of workers, including workers in enterprises
with at least five workers. Collectively bargained contracts also cover
nonunion members. The law provides for collective bargaining and
collective dispute resolution, and collective bargaining was freely
practiced.
The law prohibits antiunion discrimination; however, the EAKL
continued to report that antiunion behavior was widespread in the
private sector. According to the EAKL, labor inspectorates did not
efficiently enforce the law. Some enterprises advised workers against
forming trade unions, threatened them with dismissal or a reduction in
wages if they did so, or promised them benefits if they did not join
unions. Both employees and employers have the right to request that
labor dispute committees or the courts resolve individual labor
disputes, and these mechanisms functioned effectively throughout the
year.
There are no special laws or exemptions from regular labor laws in
export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that such practices occurred (please see the Department of
State's annual Trafficking in Persons Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
Government effectively enforced laws and policies to protect children
from exploitation in the workplace.
The law sets the minimum age for employment at 18, with some
exceptions. Children 15 to 17 years old may work with the consent of a
parent or guardian. With the consent of the Labor Inspectorate, minors
seven to 12 years old may do light work in the areas of culture, art,
sports, or advertising; minors 13 to 14 years old may work in some
additional capacities.
Children under the age of 18 may not perform hazardous or dangerous
work. The law limits the hours that children may work and prohibits
overtime or night work. The Labor Inspectorate was responsible for
enforcing these laws and did so in practice. There were no separate
inspections regarding the age of child workers.

e. Acceptable Conditions of Work.--The national monthly minimum
wage of 4,350 kroon ($391) did not provide a decent standard of living
for a worker and family; however, 87.4 percent of the workforce earned
more than the minimum wage. The minimum wage has remained the same for
the past three years despite rising heat and electricity costs.
The standard workweek is 40 hours. The law requires a rest period
of at least 11 hours in sequence for every 24-hour period. Reduced
working time is required for minors and for employees who perform
underground work, work that poses a health hazard, or work of an
otherwise special nature. The law requires overtime pay of not less
than 150 percent of the hourly wage of the employee. These requirements
were effectively enforced.
The Government set occupational health and safety standards. The
labor inspectorate, health protection inspectorate, and technical
inspectorate were responsible for enforcement of these standards and
made efforts to enforce them. Workers have the right to remove
themselves from situations that endanger their health or safety without
jeopardizing their continued employment, and they exercised this right
in practice. In 2009 there were 2,927 occupational accidents, a ratio
of 491.3 occupational accidents per 100,000 employees.

__________

FINLAND

Finland is a constitutional republic of 5.3 million persons with a
directly elected president and a unicameral parliament (Eduskunta). The
prime minister is head of a four-party coalition government.
Parliamentary elections in 2007 were free and fair. Security forces
reported to civilian authorities.
Human rights problems included police failure to provide detainees
timely access to legal counsel, questionable contributions to political
campaigns, violence against women, trafficking in persons, societal
discrimination against foreign-born residents and Roma, and violence
against lesbian, gay, bisexual, and transgender (LGBT) persons and
property.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices, and
there were no reports that government officials employed them.

Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, and the
Government permitted monitoring visits by independent human rights
observers.
The Government's report on human rights policy stated that in
January 2009, 510 cells in five penitentiaries had inadequate sanitary
facilities. During the year the media reported that closures and
renovations of selected prisons reduced the total number of inadequate
cells to 200 in two penitentiaries.
During the year prisoners and detainees had reasonable access to
visitors and were permitted religious observance. Authorities permitted
prisoners and detainees to submit complaints to judicial authorities
without censorship and to request investigation of credible allegations
of inhumane conditions. There were no such complaints during the year.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government observed
these prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the military and the national police
force, which are under the centralized control of the Ministry of
Defense and the Ministry of the Interior, respectively. The Government
has effective mechanisms to investigate and punish abuse and
corruption. There were no reports of impunity involving security forces
during the year.

Arrest Procedures and Treatment While in Detention.--The law
requires police to have a warrant issued by a prosecutor to make an
arrest. If an individual is arrested while committing a crime, a
warrant must be obtained within three days; arrested persons must
receive a court hearing within three days. Authorities usually
respected these rights in practice. Detainees must be promptly informed
of the charges against them, and lawyers must be provided for the
indigent. There were no developments or reports of government action in
response to the finding in 2009 by the Council of Europe's Committee
for the Prevention of Torture (CPT) that detainees' access to legal
counsel was often significantly delayed.
There is no system of bail, but most defendants awaiting trial were
eligible for conditional release based on personal recognizance. There
were no reports of preventive detention, which the law allows only in
exceptional circumstances such as during a declared state of war or for
narrowly defined offenses including treason, mutiny, and large-scale
arms trafficking.
The law permits police to carry out a simplified pretrial
investigation in cases such as endangering traffic, petty theft, and
unlawful use of narcotics where the statutory punishment for the
alleged offense is limited to a fine. In these simplified pretrial
investigations police may often conduct the questioning and other
aspects of the investigation soon after the offense at the place where
it was allegedly committed.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
judicial independence in practice.

Trial Procedures.--The constitution and law provide for the right
to a fair public trial, and an independent judiciary generally enforced
this right.
Defendants are presumed innocent until proven guilty. Trials in
courts of the first instance are usually public. The law does not
provide for trial by jury. Defendants have a right to be present at
trial. They also have a right to consult an attorney in a timely
manner, although in 2009 the CPT reported many cases in which detainees
were denied prompt access to an attorney of their choice (see section
1.e.). Attorneys are to be provided at public expense if defendants
face serious criminal charges that can result in imprisonment or
significant fines. Defendants can confront and question witnesses
against them and present witnesses and evidence on their own behalf.
Defendants and their attorneys have access to government-held evidence
relevant to their cases. Defendants have a right of appeal.
The law extends these rights to all citizens and legal residents.
Irregular migrants have the same rights as citizens except that they
may be removed from the country or deported for legal cause. An alien
residing in the country has the right to be heard in a matter relating
to the refusal of his or her entry, deportation, or prohibition of
entry. If the matter is taken to court, the Supreme Administrative
Court makes the final decision. The alien is allowed to stay in the
country until the legal procedure is concluded.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--During the year the
European Court of Human Rights (ECHR) issued 17 judgments against the
Government, some of them involving multiple infractions. In nine cases
the court found excessive lengths of legal proceedings; in eight,
violations of the freedom of expression; in two, violations of the
right for a fair trial; and in two, violations of the right for the
respect of family and private lives. When a breach of the ECHR is
found, the Government's policy is to take action in the specific case
in which the breach was found and enact legislative and administrative
changes to avoid a repeat of the infraction.
In June a study for the Ministry of Justice found that the
country's laws and regulations were adequate for the protection of
freedom of expression but that authorities did not take ECHR decisions
into sufficient account when applying them. It recommended training for
officials on those decisions. The ministry commissioned the study
because the Government had lost many cases in the ECHR related to
freedom of expression.

Civil Judicial Procedures and Remedies.--The constitution provides
all persons in the country with a fundamental right to live under the
rule of law and to have the law applied equally and without
discrimination. The country has an independent and impartial judiciary
in civil matters, and there was access to courts to bring lawsuits
seeking damages for, or cessation of, human rights violations.

Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
According to the Finnish Communications Regulatory Authority, 86
percent of the country's residents used the Internet in the period from
August to October, and 81 percent of households had an Internet
connection. Supplementing private use, approximately 91 percent of
enterprises are connected with broadband.
In the beginning of July access to a broadband connection of at
least one-megabit became a legally ``guaranteed right'' for all
residents. Telecommunications service providers must be able to offer
every permanent residence or business affordable and high-quality
broadband access to the Internet. The new measure provides equally
high-standard access to the Internet to all residents and to support
services in sparsely populated areas of the country. According to the
law, the broadband subscription's price and delivery time must be
reasonable.
Courts can fine persons found guilty of inciting racial hatred on
the Internet, and during the year there were reports of court decisions
fining individuals for publishing and distributing hate material via
the Internet.
On September 9, the prosecutor general's office charged a man who
threatened Minister of Migration and Europe Astrid Thors by creating a
group on the social networking Web site Facebook with the heading ``I
am prepared to do a few years for killing Astrid Thors.'' He was
charged with illegal threats, aggravated defamation, public
encouragement of crime, and incitement against a national group. He was
convicted on December 8 and fined 640 euros ($858); in addition his
computer was confiscated. This was the country's first prosecution of a
threat made on Facebook.
On April 16, the Helsinki Court of Appeals upheld the fine of 615
euros ($824) against Olavi Maenpaa, a member of the Turku city council
from the True Finns Party, for making derogatory and slanderous remarks
against immigrants in an election debate held in 2007 and broadcast on
national television and the Internet.
On June 3, the district court in Kymenlaakso found a 43-year-old
man guilty of incitement of an ethnic group after he sold extremist
white-power music on the Internet. The man was fined 420 euros ($563),
but did not receive a jail sentence.
On October 29, the Helsinki Court of Appeals upheld the district
court's conviction of Jussi Halla-aho, a local politician and
parliamentary candidate from the True Finns Party, for defaming
religion and affirmed his fine of 330 euros ($442). However, the
appeals court found that Halla-aho's Internet writings on Somalis were
within the bounds of lawful exaggeration and provocation and dismissed
charges of inciting racial hatred.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for the freedoms of assembly and association, and the
Government generally respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl//irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice.
The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.

Protection of Refugees.--The law provides for the granting of
asylum or refugee status, and the Government has established a system
for providing protection to refugees.
On March 11, the Ministerial Working Group on Immigration Policy
left the national quota allocation for the year at 750 refugees,
unchanged from previous years. The ministerial group agreed to receive
200 Iraqi refugees from Syria, 150 Burmese refugees from Thailand, 150
Congolese refugees from Rwanda, 150 Afghan refugees from Iran, and 100
refugees on an emergency basis. Afghan refugees were allocated a quota
for the first time in five years. The Government selected quota
refugees individually and gave preference to vulnerable refugee women.
Authorities expected that approximately 2,000 fewer persons would seek
asylum during the year than in 2009, when 5,988 applications were
filed.
The continuing deportation case of an Egyptian grandmother, Eveline
Fadayel, received widespread media attention. The 65-year-old woman
lived in the country since 2007. The Finnish Immigration Service
previously denied her a residence permit because grandparents are not
considered immediate family members. Authorities ordered her to leave
the country by mid-June, but her relatives hid her. On August 31, the
ECHR extended her temporary stay in the country, and the Government
responded to the ruling on December 21 by issuing her a one-year
residence permit. Fadayel subsequently died.
On July 1, legislation entered into force to provide for faster
adjudication of the claims of asylum seekers from other EU countries
and reduce their monetary benefits. In practice a citizen from another
EU country cannot be granted asylum in the country.
In practice the Government provided protection against the
expulsion or return of refugees to a country where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion.
There were reports of societal discrimination against foreign-born
residents, including refugees and asylum seekers, and there was
violence directed at asylum applicants.
According to statistics for 2009 from the UN High Commission for
Refugees, 2,407 stateless persons lived in the country at the end of
2009. A child may obtain citizenship from either his mother or father
regardless of the place of birth and may also acquire citizenship if he
is born in Finland and would otherwise be stateless. Involuntarily
stateless persons and certain other special groups (such as refugees)
have a shorter residency requirement than typical applicants before
gaining citizenship--four years as opposed to six.
All asylum applicants are granted temporary residency while they
await the decision regarding their applications, but to discourage
asylum seekers from destroying their identification documents, only
those applicants who crossed the border with proper identification
documentation may without discrimination seek employment, education,
healthcare, property ownership, and other services after three months.
Otherwise, the right to work may be granted after six months of
residence.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--Parliamentary elections in
2007 were considered free and fair. Political parties could operate
without restriction or outside interference.
There were 84 women in the 200-seat parliament and 12 women in the
20-member Council of State (cabinet). The president, the prime
minister, and the president of the Supreme Court were women.
There were 13 members of minority groups in the parliament and two
in the cabinet. The autonomous region of the Aland Islands elects one
representative and has its own parliament. The indigenous Sami minority
enjoys semiautonomous status and has its own parliament.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented these laws effectively.
Public debate on election-financing ambiguities continued during
the year. Effective September 1, the law requires parties, candidates,
and candidates' supporters to report every donation above 800 euros
($1,072) in municipal elections or above 1,500 euros ($2,010) in other
elections. This reporting requirement also applies to other forms of
electoral support, such as funding seminars or donating goods and
services for political purposes. The National Audit Office, the
country's supreme audit institution, is responsible for collecting the
reports and maintaining a public register on the Internet.
During the year the National Bureau of Investigation continued
investigating suspected instances of bribery and abuse of trust
involving members of parliament from the Center and National Coalition
parties.
On September 16, Chancellor of Justice Jaakko Jonkka urged the
parliamentary Constitutional Committee to investigate an alleged
conflict of interest involving Matti Vanhanen (Center Party) while he
was prime minister. Vanhanen left the prime minister's office on June
22 because of this scandal. The alleged conflict of interest related to
cabinet decisions about whether the state-run Slot Machine Association
should aid the nongovernmental organization (NGO) Youth Foundation (a
Center party-led housing charity). The Youth Foundation had funded
Vanhanen's presidential election campaign in 2006. Vanhanen did not
recuse himself from participating in these cabinet decisions. On
October 12, the parliamentary Constitutional Law Committee requested a
police inquiry into Vanhanen's role in his government's decisions.
On October 27, prosecutors brought charges against seven former
executives of the now-insolvent property developer Nova Corporation,
including two CEOs, Arto Merisalo and Tapani Yli-Saunamaki, for
aggravated debtor fraud and aggravated bookkeeping offenses. According
to a police inquiry, the corporation's spending included giving more
than 100,000 euros ($134,000) to the political fundraising body
Kehittyvien Maakuntien Suomi. Nova also allegedly funded a birthday
party for former foreign minister Ilkka Kanerva (National Coalition
Party).
In June the state prosecutor charged Markku Murto, the former CEO
of Patria Vammas, a subsidiary of the majority-state-owned defense
contractor Patria, and four other persons with the bribery of Egyptian
officials and bookkeeping crimes. Investigators reviewed three separate
allegations of bribery by Patria. The oldest of the cases involved
possible bribery by Patria of high-ranking officials in Slovenia to
help secure a contract for armored vehicles. The company's former CEO
Jorma Wiitakorpi resigned in 2008 as the investigation into this matter
intensified, and several other employees were arrested on charges of
bribery related to this case in the same year. Of the two other cases
being investigated by Finnish authorities, one involved allegations of
bribery to secure contracts in Croatia, and the other involved possible
violations of the country's corporate secrecy laws.
All citizens, including public officials, are subject to public
disclosure laws. By law income and asset information from all tax forms
must be made public each year. The Office of the Chancellor of Justice
oversees government activities and prosecutes cases of possible
corruption.
The law provides for public access to government information, with
the exception of national security information and documents covered by
privacy laws, and the Government provided such access in practice.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
The Parliamentary Ombudsman enjoyed the Government's cooperation,
operated without government or party interference, and had adequate
resources. In 2009, the last year for which data are available, 4,806
new matters were referred to the ombudsman, and the ombudsman issued a
decision in 4,903 cases. The main targets of the complaints received
were the social welfare authorities, law enforcement authorities, heath
care, municipal affairs, education, and taxation. The average length of
time taken to deal with an oversight-of-legality case at the end of the
year was 6.1 months.
The parliamentary Constitutional Law Committee issued statements on
bills submitted to it regarding their consonance with international
human rights agreements. The parliamentary Legal Affairs Committee
dealt with legislation relating to criminal and procedural law, the
courts, and the prison system.
On June 11, the Ita-Uusimaa district court found Francois
Bazaramba, a Rwandan living in the country, guilty of committing
genocide in Rwanda in 1994 and sentenced him to life in prison. The
court found that Bazaramba, an ethnic Hutu, led attacks against Tutsis
in southern Rwanda and gave orders and instructions that led to
killings. In addition he was found to have disseminated anti-Tutsi
propaganda, organized roadblocks, and distributed seized property.
Bazaramba applied for asylum in the country in 2003. The Justice
Ministry denied the Rwandan government's extradition request and tried
Bazaramba because it feared Rwanda would not be able to provide a fair
trial.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, disability, language, or social status, and the Government
effectively enforced these prohibitions. However, there were reports of
violence against women and children, trafficking in persons, and
societal discrimination against foreign-born residents and Roma.

Women.--The law criminalizes rape, including spousal rape, and the
Government enforced the law effectively. The maximum prison sentence
for rape is six years, but can be as much as 10 years in cases of
aggravated rape. Between January and September, 648 cases of rape were
reported to police. In 2009, 660 cases of rape were reported to police.
The number of reported rapes during the year included cases reported to
the Finnish Border Guards and Customs that were not included in 2009
data. In 2009, the most recent period for which government figures were
available, 153 persons were convicted of rape.
On March 8, Amnesty International stated in two reports that
victims of sexual abuse and domestic violence seeking justice in the
country faced many obstacles, such as inadequate, negative, or
dismissive responses by police, medical, and judicial personnel. On
February 5, Allan Rosas, the country's judge in the European Court of
Justice, stated to the Finnish Broadcasting Company that sentences by
the country's courts for rape were light compared to those of other EU
countries. During the year other legal scholars also criticized the
variations among sentences by different courts for the same crimes.
Police and other government officials actively encouraged victims
to report rapes through various public awareness campaigns.
Societal violence against women, including spousal abuse, continued
to be a problem. According to the 2009 National Research Institute of
Legal Policy survey, 12 percent of violence reported to the police
qualified as domestic violence, 75 percent of victims of domestic
violence were women, and 25 percent were men.
Domestic abuse may be prosecuted under various criminal laws,
including laws prohibiting rape, assault and battery, harassment, and
disturbing the peace. The penalty for physical domestic violence ranges
from a minimum of six months to a maximum of 10 years in prison.
The NGO Federation of Mother and Child Homes and Shelters stated
domestic violence is a problem in all age and social groups regardless
of level of education. Violent behavior within a family often remained
unreported to the police. A report by the Ministry of Social Affairs
and Health highlighted three trends in violence against women. Sexual
violence (including harassment) seemed to be more frequent. With
approximately 100,000 women involved in domestic or sexual violence in
2008, crimes involving serious domestic violence did not decrease
significantly, since the number of women in relationships killed in
violent deaths remained stable. In 2003-08, the period covered by the
report, an average of 23 women were killed annually in partnerships.
The number of women who experienced violence by their former husband or
partner increased.
Police may refer potential perpetrators or victims of domestic
violence to government social welfare agencies that have programs
designed to reduce domestic violence. These programs promoted
cooperation between cohabiting partners by providing support to victims
and anger management counseling and other advisory services to
perpetrators.
The Government encouraged women to report domestic violence and
abuse and provided counseling, shelters, and other support services to
victims of domestic violence and rape. The Government also funded NGOs
that provided additional services, including a telephone hotline and
crisis center. According to regional and municipal officials who
operated shelters, most women who sought shelter from violence were
between the ages of 25 and 35 and were married or in a cohabiting
relationship; nearly one-fourth of those seeking shelter were reported
to be immigrants, although shelter records often omitted victims'
origins to protect them. Foreign-born residents who were not proficient
in Finnish, Swedish, Sami, or English experienced some difficulty
accessing domestic violence services.
Sexual harassment is prohibited by law, and the Government
generally enforced the law in practice. The prosecutor general is
responsible for investigating sexual harassment cases. Employers who
fail to protect employees from harassment are subject to fines or a
maximum of six months' imprisonment. The Office of the Ombudsman for
Minorities, one of the authorities that track gender-related problems
in the country, noted an increase of inappropriate treatment in the
workplace in 2009 related to working conditions (ambiguities in working
hours and pay) or other unsatisfactory treatment such as name-calling
or isolation in the work community.
Couples and individuals have the right to decide freely and
responsibly the number, spacing, and timing of their children, and have
the information and means to do so free of discrimination, coercion,
and violence. Women have access to contraception and skilled attendance
during childbirth, including obstetric and postpartum care. Women and
men are equally diagnosed and treated for sexually transmitted
infections. According to UN estimates for 2008, the maternal mortality
rate in the country was 8 deaths per 100,000 live births, and all the
births were assisted by skilled attendants.
Women have the same rights as men under family and property laws
and in the judicial system. The Government maintained three entities
devoted to gender equality problems: the ombudsman for equality, the
Gender Equality Unit, and the Council for Equality.
The law stipulates that men and women must receive equal pay for
equal work. However, allegations of wage discrimination against women
continued. In 2009 the equality ombudsman's office received 540
complaints (59 percent of all cases) alleging discrimination and
unequal treatment.
On average women earned 19 percent less than men for substantially
similar work. According to Statistics Finland data from November, the
most recent information available, the average monthly wage in the
private sector for men was 3,297 euros ($4,418) but only 2,669 euros
($3,576) for women. This disparity was attributed to the tendency of
men to work in more senior or skilled positions than women, with the
exception of the fields of medicine and education. Men tended to
dominate the upper ranks in industry, finance, and some government
ministries, while women remained overrepresented in lower-paying
occupations. This pay gap narrowed slightly from 2008 to 2009 because
women's earnings in the public sector rose faster than men's. The law
provides that individuals may receive compensation for lost wages in
cases where gender-based discrimination is proven.
The conflict between the leadership of the Evangelical Lutheran
Church (ELC), the larger of the country's two state churches, and
members of its clergy who refused to cooperate with female pastors
continued during the year. The recalcitrant clergy were in the
minority, and on September 12, Irja Askola became the country's first
female ELC bishop.
The Supreme Court ruled on October 24 that a pastor who refused to
work with a woman colleague was guilty of discrimination. The court's
ruling brought to a close the first case in the country's legal history
involving discrimination against woman clergy. The court heard that Ari
Norro had refused to work with a woman, citing his convictions against
female clergy. The Supreme Court ruled that religious freedoms do not
supersede antidiscrimination laws. A district court had fined Norro 320
euros ($429), and the appeals court and the Supreme Court upheld the
fine.

Children.--Citizenship at birth is generally derived through either
or both of the child's parents. A child can also acquire citizenship at
birth if he or she is born in the country and meets certain other
criteria, such as if the parents have refugee status in the country or
if the child is not eligible for any other country's citizenship. A
local registration office records all births in the Population
Information System.
Between January and September, 840 cases of suspected child sexual
abuse were reported to police, 55 percent more than in 2009. The
minister of justice declared on both February 4 and May 4 that
sentences for sex crimes against children were being toughened.
According to the National Research Institute of Legal Policy,
victimization is more prevalent among youths than it is among adults. A
national victimization survey found that 20 percent of 15 to 19 year
olds reported having been victims of violence or threats of violence in
2009. Four percent reported violent victimization resulting in physical
injury. Recent years have seen new types of victimization emerging
through technology including harassment and threats by e-mail and SMS
(text) messages.
Children were subjected to violence at home, school, and during
leisure activities. Girls tended to experience violence at home, while
boys were subjected to violence outside the home, usually by another
boy. Violence against children outside of the home by adults was
limited, with less than 5 percent of children reporting physical
violence by a teacher, and only isolated instances of violence and
sexual abuse by recreational instructors. Psychological violence was
more common; approximately 9 percent of students surveyed reported
psychological violence from a teacher.
The country has laws against statutory rape, with the age of sexual
consent set at 16 years of age. The minimum age for a sex worker is 18
years of age. A person whose age cannot be determined but who can
justifiably be assumed to be under the age of 18 is regarded as a
child. Sexual abuse of a child has a maximum sentence of four years'
incarceration while aggravated sexual abuse of a child carries a
maximum sentence of 10 years' imprisonment. Manufacturing, selling,
renting, importing, or exporting sexually obscene pictures or
recordings of a child carries a maximum prison sentence of two years,
and aggravated distribution of sexually obscene pictures of children
has a minimum sentence of four months and a maximum sentence of six
years' imprisonment.
There were no reports that child sex tourism was a problem in the
country. If a resident engages in child sex tourism abroad, the
country's laws provide for extraterritorial prosecution for such acts,
and the citizen could be investigated and prosecuted by local law
enforcement.
There is a government ombudsman for children's problems under the
Ministry for Social Affairs and Health. During the year the ombudsman
continued to work to raise public awareness of child abuse and promote
the Government's child, youth, and family policy program.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--According to Statistics Finland, the country's
Jewish community numbered approximately 1,500. There were no reports of
anti-Semitic acts.
The Ministry of Education continued to integrate tolerance and
antibias courses and material into the public-school curriculum.
Students begin studying the Holocaust and the phenomenon of anti-
Semitism in the eighth grade.
On August 1, the country's National Board of Education amended the
national core curricula for basic and general upper secondary education
levels to underscore the historic importance of the Holocaust and other
historical human rights crimes.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with physical, sensory, intellectual,
and mental disabilities in employment, education, access to health
care, or the provision of other state services. The Government
effectively enforced these provisions.
Laws mandating access to buildings for persons with disabilities
were generally enforced, although many older buildings remained
inaccessible. Most forms of public transportation were accessible, but
problems continued in some geographically isolated areas. The Ministry
for Social Affairs and Health and the Ministry of Employment and the
Economy are responsible for protecting the rights of persons with
disabilities, and do so effectively.

National/Racial/Ethnic Minorities.--There was some societal tension
between ethnic Finns and minority groups, and there were reports of
racist or xenophobic incidents. The most common reported race-related
crime was assault. In 2009, the most recent year for which data are
available, police received 1,007 reports of hate-crime-related crimes
and misdemeanors. Approximately 85 percent of those reported crimes had
indications of racist motives related to the victims' ethnic or
national background. Religious and sexual motives counted for 11.5
percent of reported cases.
There were occasional reports of fighting between ethnic Finns and
foreign-born youths of African and Middle Eastern descent, as well as
fighting between rival ethnic immigrant groups. The law does not have a
specific category for ``race-related crimes'' or ``hate crimes.''
However, racism as a motive or party to another motive to any other
criminalized act is a cause for aggravating the sentence. Nine persons
were under investigation following a fight at Helsinki's Linnanmaki
amusement park that led to its early closure during the park's 60th
anniversary celebrations on June 6. Six of the suspects were women, and
three were men. They were all between the ages of 16 and 27. According
to police, the fight began after a heated exchange between Somalis and
Kurds in a line for one of the rides. According to media reports,
dozens of young persons with immigrant backgrounds took part in the
incident.
On September 11, a fire almost destroyed a Buddhist temple under
construction in Turku. Police investigated and stated that the fire was
set deliberately. The media reported that the same temple was
vandalized a week earlier, and there was an attempt to burn sheets that
had been hung on the walls. It is to be the first purpose-built
Buddhist temple in the country.
According to the minority ombudsman, discrimination against the
approximately 10,000 to 12,000 Roma in the country extended to all
areas of life, resulting in their effective exclusion from society.
Roma are classified as a ``traditional ethnic minority'' in the
ombudsman's report. The Romani minority was the most frequent target of
racially motivated discrimination, followed by Russian-speakers,
Somalis, Turks, Iraqis, Sami, and Thais. Ethnic Finns were also
occasionally victims of racially motivated crimes for associating with
members of minority communities.
On November 20, a group of approximately 15 persons wearing
swastikas and brandishing Nazi symbols heckled an antiracism
demonstration of 100 persons in Turku. Police held one of the hecklers
overnight but did not arrest him.
As of April, 52,200 Russian-speaking persons lived in the country,
principally in Helsinki and areas along the Russian border. They were
by far the largest minority not speaking Finnish or Swedish, the
country's two official languages. In April 2009, the latest date for
which data was available, unemployment among immigrants from the former
Soviet Union (excluding Estonia) was 31 percent, compared to 17.6
percent for all immigrants and 8.8 percent in the country overall. As
causes for this discrepancy, a report by the minority ombudsman
identified the lack of Finnish-language ability, the lack of education
or recognition of training, personal cultural differences, lack of
employers' confidence in Russian-speakers, discrimination, and the lack
of local social networks. Russian-origin persons have the highest
number of requests for assistance of any immigrant group and nearly
double that of Somalis (the immigrant group with the second highest
number of requests).
On October 25, Eva Biaudet, the current ombudsman, proposed that
the country institute an anonymous job application system for public
sector jobs to counter discrimination against Russian-speakers.
According to the ombudsman's office, the unemployment rate among
Russian-speakers greatly exceeded the average rate among all foreigners
even though many Russian-speakers are highly trained and have a good
command of Finnish.
The Government strongly encouraged tolerance and respect for
minority groups and sought to address racial discrimination. All
government ministries included antiracism provisions in their
educational information, personnel policy, and training programs. The
Government also monitored the treatment of national, racial, and ethnic
minorities by police, border guards, and teachers. The Government's
minority ombudsman monitored and assisted victims of discrimination.
The ombudsman for minorities supervises compliance with the prohibition
of ethnic discrimination.

Indigenous People.--The constitution provides for the protection of
the Sami language and culture, and the Government financially supported
these protections. The Sami, who constitute less than 0.1 percent of
the population, have full political and civil rights as citizens as
well as a measure of autonomy in their civil and administrative
affairs. A 21-member Sami parliament (Samediggi), popularly elected by
the Sami, is responsible for the group's language, culture, and matters
concerning their status as an indigenous people. The Sami parliament
can adopt legally binding resolutions, propose initiatives, and provide
policy guidance. It is an independent body but operates under the
purview of the Interior Ministry. Despite constitutional protections,
members of the Sami community continued to protest the lack of explicit
legislation to safeguard Sami land, resources, and economic livelihood.
The Government owns 90 percent of the land in the Sami home region,
much of it in the form of national parks. Sami have alleged for decades
that the Government used their land for logging and other purposes
without consulting them.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--No person may be discriminated
against on the basis of gender, sexual orientation, or other personal
characteristics. The Government generally respected these rights, and
law enforcement authorities investigated and punished violations of
these rights. Gays in legal partnerships were not allowed to donate
blood or organs for use in the country.
On July 2, three men between the ages of 19 and 21 were accused of
staging a preplanned attack on Helsinki's annual gay pride parade.
After throwing smoke bombs to cause confusion, they assaulted more than
30 persons, including children, with pepper spray. No one was seriously
injured. Some 3,000 to 5,000 persons took part in the parade. The
country's political leadership, including the president, condemned the
attack. At year's end, police continued the pretrial investigation.
On July 10, the media reported that the Helsinki office of the
Association for Sexual Equality (SETA) was vandalized. The police
stated that windows had been broken and a swastika painted on the Seta
office door. The office was empty at the time. The police could not say
whether the incident was linked to the attack on the Helsinki Pride
parade. On the night of December 25-26, a similar attack occurred in
Jyvaskyla in which windows of the local Seta office were broken, but no
other vandalism occurred. Police and the landlords considered these
incidents to be vandalism.
On March 18, the Helsinki regional court of appeals awarded Johanna
Korhonen 80,500 euros ($107,870) in damages and legal expenses in a
case of wrongful dismissal. She was fired as editor in chief of the
newspaper Lapin Kansa in 2008 prior to taking up her post. She alleged
her new employers, Alma Media Group, abruptly fired her when they
discovered her life partner was a woman. The award included
compensation for violating the equality laws, as well as for wrongful
dismissal. Alma Media Group CEO Kai Telanne also faced a criminal
charge over the dismissal, and the Occupational Safety and Health
Administration considered the company's action a case of illegal
discrimination.
On October 12, Tampere Bishop Matti Repo and Member of Parliament
Paivi Rasanen from the Christian-Democratic Party questioned the need
to protect the rights of LGBT persons in a televised program. In
reaction to some of Repo's comments against LGBT persons, the media
reported over 40,000 persons formally left the Evangelical Lutheran
Church by November 3. This compared to the normal number of 44,000
persons in an entire year. In contrast the Christian Democratic Party,
which had some 12,000 registered members before the incident,
reportedly gained 1,000 new members during the same period.

Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The constitution provides for the
freedom to form trade unions and to organize. The statute regulating
work agreements extends these rights to both the employee and the
employer. Any restriction or obstruction of these rights is prohibited.
According to statistics from the Ministry of Employment and the
Economy, approximately 71 percent of the workforce belonged to unions
during the year. In January 2009 a survey by the University of Turku
reported that approximately 30 percent of the foreign labor force in
the country was unionized. On June 16, the largest labor federation,
the Central Organization of Finnish Trade Unions, stated that roughly
one-third of immigrant workers had joined labor unions.
The law grants employees the right to strike, with some exceptions
for public sector employees who provide essential services. Workers
exercised this right in practice. An official dispute board can make
nonbinding recommendations to the cabinet on ending or limiting the
duration of strikes when national security is threatened.
Employees prohibited from striking can use arbitration to provide
for due process in the resolution of their concerns. The national
conciliator assists the negotiating partners in settling labor disputes
if a collective agreement cannot be reached without outside help. The
national conciliator can also assist central labor market organizations
in drawing up comprehensive income policy agreements. A strike is legal
when an employment contract is not in effect and the action is pursuant
to new contract negotiations. If a contract agreed by all parties is in
effect, a strike is considered illegal. Fines may be imposed for
illegal strikes.

b. The Right to Organize and Bargain Collectively.--The law
provides for the right to organize and bargain collectively, and the
Government protected this right in practice. The country's labor market
system is characterized by an extensive tripartite cooperation between
the Government, employers groups, and trade unions. The Occupational
Safety and Health authorities monitor unorganized employers' adherence
to generally applicable collective agreements. The regulation of the
labor market is based on labor legislation and, primarily, on
collective agreements. Any trade union and employers' association may
make collective agreements. Nearly all collective agreements are
branch-specific. The Ministry of Labor and Economy decides on the
universal validity of the agreement. The parties to collective
agreements are trade unions and the central organizations of employers'
associations. The role of the Government has been, when needed, to
support the conclusion of collective agreements by making the
appropriate economic policy decisions, such as in cases involving
taxes.
Employers of nonunionized workers are required to compensate
employees at a wage equal to that stipulated by existing collective
bargaining agreements.
The law prohibits antiunion discrimination, and there were no
reports that it occurred during the year.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor; however, there were reports that such
incidents occurred. Men and women were subjected to forced labor in the
construction industry, restaurants, and as domestic servants.
Also see the Department of State's annual Trafficking in Persons
Report atwww.state.gov/g/tip.
On April 30, the district court in Pietarsaari rejected charges of
human trafficking against two men of Vietnamese origin who ran an
ethnic restaurant. The prosecutor alleged the victim was forced to work
in his relative's restaurant for too many hours per week and for too
little pay.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law protects children from exploitation in the workplace.
The law allows children older than the age of 15 to enter a valid
employment contract as long as work does not interrupt compulsory
education. Such employment is restricted to no more than nine hours per
day and 48 hours per week with mandatory minimum daily rest of 12
hours. Additionally young workers may not work at night after 10:00
p.m. or in certain conditions that risk health and safety. Children as
young as the age of 14 may work under more limited circumstances.
Children younger than 15 years old may be employed for summer work,
school-related events, modeling, and other similar purposes, but the
approval of their guardians is required. Even with guardian approval,
the Occupational Safety and Health office must approve the precise
employment terms of every young worker, and the working hours are
limited in all cases. Employers are required to provide work insurance,
social payments, and a letter of reference for all young workers. The
law applies to work done by all persons under 18 years of age, whether
in the private or public sector. In addition to employment
relationships, the provisions of the act on occupational safety and
health apply to the practical training of under-18-year-old pupils or
practical work done at school.
The Ministry of Employment and the Economy enforces child labor
regulations; there were no reports of children engaged in work outside
the parameters established by law.

e. Acceptable Conditions of Work.--There is no national minimum
wage law; however, the law requires all employers, including
nonunionized employers, to pay minimum wages agreed to in collective
bargaining agreements. The Ministry of Employment and the Economy is
responsible for labor policy strategy and implementation, improving the
viability of working life and its quality, and promoting employment.
The standard workweek established by law is eight hours per day
with no more than 40 hours of work per week. The Confederation of
Finnish Industries conducted a study in 2009, which showed that an
industrial worker had, on average, a 33-hour workweek. Certain
occupations, such as seamen, household workers, road-transport workers,
and workers in bakeries, are subject to separate workweek regulations.
Employees working shifts or during the weekend are entitled to one 24-
hour rest period per week. Workers are entitled to premium pay for
overtime work. The law limits a worker to 250 hours of overtime per
year and 138 overtime hours in any four-month period.
The Government sets occupational health and safety standards, and
the Ministry of Social Affairs and Health enforced them effectively.
The Occupational Safety and Health Administration monitors compliance
with occupational safety and health legislation, including overseeing
the employment terms for young workers. The Occupational Safety and
Health Administration has the right to enter workplaces and to carry
out health and safety inspections. They receive information and
analyses necessary for inspection purposes from the employer. The
administration informs the employer of an inspection in advance, unless
a surprise inspection is necessary for enforcement purposes. A
subsequent inspection report gives the employer written advice on how
to remedy minor defects. In the case of serious violations, the
inspector issues an improvement notice and monitors the employer's
compliance with it. When necessary the Occupational Safety and Health
Administration may issue a binding decision and impose a fine. If the
hazardous situation involves a risk to life, the inspector may halt
work on the site or issue a prohibition notice concerning the source of
risk. Workers have the right to refuse dangerous work situations
without penalty, and the Government enforced this right in practice.
The labor and occupational safety laws cover all employees in the
country, regardless of their nationality. If an employer's response to
an employee complaint is not satisfactory, unionized employees may
forward the matter to the relevant trade union. Nonunion employees may
contact the Occupational Safety and Health Administration for advice
and guidance.

__________

FRANCE

France is a multiparty constitutional democracy with a population
of approximately 64.7 million.\1\ The president of the republic is
elected by popular vote for a five-year term, and Nicolas Sarkozy is
the incumbent. The upper house (Senate) of the bicameral parliament is
indirectly elected through an electoral college, while the lower house
(National Assembly) is directly elected. Parliamentary and presidential
elections took place in 2007 and were free and fair. The Union for a
Popular Movement (UMP) is the majority party in parliament. Security
forces reported to civilian authorities.
---------------------------------------------------------------------------
\1\ The country includes 11 overseas administrative divisions that
are also covered in this report. Four overseas territories in French
Guiana, Guadeloupe, Martinique, and Reunion, have the same political
status as the 22 metropolitan regions and 100 departments on the
mainland. Six divisions are overseas ``collectivities:'' French
Polynesia, Mayotte, Saint-Barthelemy, Saint-Martin, Saint-Pierre and
Miquelon, and Wallis and Futuna. New Caledonia is a special overseas
collectivity with a unique status between an independent country and an
overseas department. Following a March 2009 referendum, Mayotte will
become the 101st department in 2011. Citizens of these territories
periodically elect deputies and senators to represent them in
parliament, like the other overseas regions and departments.
---------------------------------------------------------------------------
The following human rights problems were reported: overcrowded and
dilapidated prisons; lengthy pretrial detention; protracted
investigation and trial proceedings; restrictions on religious wear in
public institutions; societal violence against women; child marriage in
minority communities; anti-Semitic incidents; trafficking in persons;
and hostility towards immigrants, Roma, and Travellers.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
on July 16, security forces killed Karim Boudouda in an exchange of
gunfire after he allegedly robbed a casino. The inspector general of
the national police (IGPN) absolved the police involved because
Boudouda opened fire first on the police. On July 17, police killed the
driver of a car who refused to stop at a police checkpoint. According
to police, the driver hit a police officer at the first checkpoint,
carrying him on the hood of his car for several hundred yards. At the
second checkpoint, the driver again refused to stop and drove straight
at two other police officers, who shot and killed the driver. At the
end of the year authorities continued to investigate the incident.
During the year authorities continued investigations into the 2009
deaths of two detainees while in police custody:
In June 2009, 69-year-old Ali Ziri died of a heart attack while
under arrest in Argenteuil. On May 17, the National Commission on
Security Ethics (CNDS) recommended that the police officers involved be
sanctioned for their role in his death. The prosecutor's investigation
continued at year's end.
In November 2009 Mohamed Boukrourou, a 41-year-old Moroccan
citizen, died during a police arrest in Valentigney. The case remained
under investigation at year's end.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were occasional accusations of police discrimination and
degrading treatment.

Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards for men and
women, and the Government permitted monitoring visits by independent
human rights observers. Both credible nongovernmental organizations
(NGOs) and government officials, however, reported overcrowding and
unacceptable hygienic conditions.
Prison overcrowding was a problem. At the end of the year the
Ministry of Justice and Liberties reported that 60,544 persons were
incarcerated in the country's 191 prisons, exceeding prison capacity by
approximately 4,000. However, overcrowding improved compared with 2009,
when overcapacity reached nearly 7,500.
Although there were no known deaths in prison due to mistreatment
or adverse conditions during the year, prison suicides continued to be
a problem. According to penitentiary officials, there were 72 prison
suicides between January 1 and August 27, while credible sources in
NGOs reported 118 prison suicides as of December 31.
On May 26, a Caen administrative court ordered the Government to
compensate six plaintiffs 500 to 3,000 euros ($670 to $4,020) each for
failure to respect human dignity while in prison. On June 11, a Rouen
administrative court ordered the Government to compensate 38 prisoners
and former prisoners of Rouen's prison 350 euros to 4,000 euros ($469
to $5,360) each for lack of basic hygiene in the prison. The Ministry
of Justice and Liberties appealed the decision. On December 9, a Douai
administrative court confirmed the judgment against the prison.
Authorities maintained administrative holding centers for
foreigners whom they could not immediately deport. There were 24
holding centers on the mainland and three in the overseas territories.
On September 29, a judge ruled that the presence of a seven-month-
old baby in the Metz detention center was illegal because it was
``inhumane and degrading treatment.'' The baby was detained along with
her parents, who were Albanian citizens living illegally in the
country. The family was released from the detention center, but the
deportation order remained in place.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. Authorities permitted prisoners and
detainees to submit complaints to judicial authorities without
censorship and to request investigation of credible allegations of
inhumane conditions. Authorities investigated credible allegations of
inhumane conditions and documented the results of such investigations
in a publicly accessible manner. The Government investigated and
monitored prison and detention center conditions.
The Inspector General for Places of Detention, an independent
authority, assures that detainees' fundamental rights are respected. In
addition detainees may address issues about the prison or justice
system to the state mediator or his delegate.
The Government permitted prison visits by independent, local, and
foreign human rights observers. The UN Committee against Torture (CAT)
examined the country's prisons during the year. The Council of Europe
Committee for the Prevention of Torture also conducted an inspection of
prisons. The reports of these visits were not yet published at year's
end.
At the end of the year, 5,767 prisoners were under electronic
surveillance, a 19.5 percent increase compared with 2009. New prisons
have gymnasiums, outdoor recreation areas, and family spaces. The
Ministry of Justice and Liberties increased prisoner access to work,
sports, libraries, worship, cultural services, education, and training
programs during the year. On October 28, the Ministries of Justice and
Liberties, and of Labor, Employment, and Health launched a strategic
action plan for the period 2010-14 to improve the physical and mental
health of prisoners and to strengthen the suicide prevention policy.
To reduce overcrowding, the Government opened four new prisons with
an additional 1,230 places during the year, with a long-term goal of
gradually reaching national capacity of 80,000 beds by 2017. The
Government increased the budget for the prison system by 10 percent, to
2.1 billion euros ($2.8 billion) during the year. In August 2009 the
Ministry of Justice and Liberties instituted an action plan to combat
suicides that included such preventative measures as increasing prison
guard training, ``humanizing'' inmate living conditions, providing at-
risk inmates with ``protective kits'' of tearable sheets and blankets
and flame-retardant mattresses, and implementing a solidarity and alert
policy among prisoners.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions. However, lengthy pretrial detention was a
problem. The Government provided financial compensation in 47 cases of
wrongful incarceration in 2009, the last year for which data is
available.

Role of the Police and Security Apparatus.--Under the direction of
the Ministry of the Interior, Overseas France, Local Authorities, and
Immigration, a civilian force of 144,000 national police and a quasi-
military national gendarmes force of 98,000 maintained internal
security. In conjunction with specific gendarmes units used for
military operations, the army is responsible for external security
under the Ministry of Defense. Police and gendarmes were generally
considered effective.
During the year, 60 neighborhood police (police de proximite) units
worked to curb juvenile delinquency and petty crime in neighborhoods
with high levels of youth crimes.
Official impunity was not widespread. The IGPN, the inspector
general of police services (IGS), and the Office of Judicial Police
investigated and prosecuted allegations of civil law enforcement
brutality by all police forces and the gendarmes. The CNDS investigated
allegations of misconduct by municipal police, gendarmes, and private
security forces and reported its findings to the prime minister and
parliament. According to the 2009 CNDS report, the most recent year for
which data was available, the number of complaints increased by 4
percent during 2008 to 153 cases, compared with 147 in 2007.
The CNDS investigates allegations of improper conduct by law
enforcement officers and helps assure that all persons responsible for
law enforcement comply with ethical standards. While individuals who
allege that they have been subjected to police mistreatment do not have
direct access to the CNDS, their complaints may be referred to the CNDS
through a member of parliament or other intermediary. In its annual
global report released on May 27, Amnesty International (AI)
highlighted cases of excessive force and other abuses by police in the
country.
On November 29, police in Colombes used a Taser to subdue a man,
who died shortly thereafter. Initial autopsy results were inconclusive
as to the cause of death. On December 12, police in Marseille fired a
``flash-ball'' at a man to break-up a violent altercation. The flash-
ball hit the man in the thorax, and he later died from his injuries.
The IGS continued to investigate both incidents at the end of the year.
During the year there were occasional reports that police used
violence during counterdemonstration operations. On March 19, police
fired a flash-ball close to a crowd during a demonstration in Toulouse,
causing a student to lose an eye. Prosecutors filed charges against the
police officer involved for voluntary aggravated assault. The date of
the trial was not set at the end of the year. On May 1, police fired a
flash-ball close to a crowd during a violent demonstration in Neuilly-
sur-Marne, causing a protester to feel dizzy for several days. At
year's end the IGS and IGPN were still investigating the incidents.
On March 24, Marseille's criminal court sentenced a police officer
to nine years in prison for the rape and sexual assault of five women
while they were in police custody.

Arrest Procedures and Treatment While in Detention.--The law
requires police to obtain warrants based on sufficient evidence prior
to detaining suspects, but police can immediately arrest suspects
caught in the act. Individuals have the right to a judicial ruling on
the legality of their detention during the first hour, and authorities
generally respected this right in practice. Authorities must inform
detainees of charges against them once they are in police custody. A
system of bail exists and was utilized. Detainees generally had access
to a lawyer, and the state provides legal counsel if the detainee is
indigent.
In cases involving terrorism or drug trafficking, the law allows
longer periods of detention before notification to counsel. Authorities
may hold such suspects for up to 96 hours without charge or access to a
lawyer and may petition a judge to extend detention by an additional 48
hours. Suspects must be either charged or released, after a maximum of
six days.
During the year police invoked the antiterrorism law to prolong the
detention of more than 30 suspected members of the terrorist
organization Basque Fatherland and Liberty (ETA). At year's end the
suspected ETA members remained in detention and under investigation.
The dates of their trials were not set.
In January, in an unprecedented decision, a criminal court in Paris
rejected five separate police requests to keep suspects in custody
without charge on the grounds that defense lawyers could not
appropriately exercise the defendants' rights while in custody.
AI criticized the country's system of allowing multiple, successive
periods of detention during the investigation of an alleged crime and
accused authorities of inadequate investigations of complaints. During
the year authorities held suspects in custody without charge in 700,000
instances. On July 30, the Constitutional Council found that the laws
regulating custody without charge are unconstitutional. The council
stated that the custody without charge rules could remain in place
until July 1, 2011, but need to be abolished thereafter. The law allows
police to hold anyone suspected of having committed a crime in
detention for up to 24 hours, which can be extended for an additional
24 hours regardless of the seriousness of the crime. In very limited
circumstances involving the most serious crimes, detainees are not
informed of their right to remain silent or allowed access to a lawyer.
Long delays in bringing cases to trial and lengthy pretrial
detention were problems. Pretrial detention was generally allowed only
if the suspect could be sentenced to more than three years in prison
for crimes against property. However, a few suspects spent many years
in detention before trial. According to government statistics for 2007,
the most recent year for which they were available, the average length
of pretrial detention was 5.7 months, an increase of 10 percent since
2001.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
judicial independence in practice. However, delays in bringing cases to
trial were a problem.
The Tribunal of the Armies is a military court for acts committed
outside of the country. The court tries only military personnel. In
July parliament closed the Tribunal of the Armies effective January 1,
2011. The Magistrate Court of Paris will assume responsibility for the
cases of the Tribunal of the Armies.

Trial Procedures.--The constitution and law provide for the right
to a fair trial, and an independent judiciary generally enforced this
right. Defendants enjoy a presumption of innocence. Except for those
involving minors, trials are public and usually held before a judge or
tribunal of judges. In cases where the potential punishment exceeds 10
years' imprisonment, a panel of professional and lay judges hears the
case. Defendants have the right to be present and to consult with an
attorney in a timely manner. An attorney is provided at public expense
if needed when defendants face serious criminal charges. Defendants are
able to question the testimony of prosecution witnesses against them
and present witnesses and evidence in their defense. Defendants and
their attorneys have access to government-held evidence relevant to
their cases. Defendants have a right to appeal.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--During the year the
European Court for Human Rights (ECHR) found 27 violations by the
Government of the European Convention on Human Rights. On October 14,
the ECHR ruled that the country's custody without charge procedures did
not provide for due process. The court stated that persons held in
custody must have access to a lawyer from the beginning and during all
interrogations and had the right to remain silent. However, the
Constitutional Council had previously ruled on July 30 that the
country's custody without charge rules were unconstitutional and must
be abolished by July 1, 2011.
In general the Government complied with ECHR decisions.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters and access to a court to bring
lawsuits seeking damages for, or cessation of, human rights violations.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice. A
2009 report by the independent government agency, the CNDS, described a
quasi-systematic practice of strip searches during secondary inspection
by the national police. The practice continued during the year.
However, detainees were no longer searched a second time if they were
transferred from the national police to the gendarmerie.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights in practice. An independent press, an effective
judiciary, and a functioning democratic political system combined to
ensure freedom of speech and of the press.
There were some limitations of freedom of speech and of the press.
Strict antidefamation laws prohibit racially or religiously motivated
verbal and physical abuse. Written or oral speech that incites racial
or ethnic hatred as well as denial of the Holocaust and crimes against
humanity are illegal. Authorities may deport a noncitizen for publicly
using ``hate speech'' or constituting a threat of terrorism. On
November 9, the Government for the second time deported a ``radical''
imam, Ali Ibrahim el-Soudany, to Egypt for his hostile comments about
the West. Interior Minister Hortefeux stated that government
authorities had been following el-Soudany's increasingly ``dangerous''
preaching since 2008. He was previously deported in January but managed
to reenter the country.
On October 21, the NGO SOS Racism filed a lawsuit against perfumer
Jean-Paul Guerlain following an October 15 national television
interview about a new perfume he produced. During the interview he used
a racial epithet for ethnic Africans. A trial date was not set at the
end of the year.
On December 15, the Fort-de-France criminal court convicted
businessman Alain Huygues-Despointes for praising crimes against
humanity. The conviction stemmed from a February 2009 television
interview he gave where he said there were ``positive aspects'' of
slavery and criticized mixed-race marriages because he said he wanted
to ``preserve'' his race. The judge ordered him to pay a 7,500-euro
($10,050) fine. His lawyers said that he would appeal the ruling.
Individuals could criticize the Government publicly or privately
without reprisal. The independent media were active and generally
expressed a wide variety of views without restriction. The law
prohibits primetime advertising from state-funded television networks
and authorizes the president to name the head of public broadcasting.
On August 23, the president named Remy Pfimlin as the head of
public broadcasting. The same day, Pfimlin fired journalist Arlette
Chabot, who served as news director for France 2 television. Chabot had
previously broadcast news pieces critical of the president, and the
president had complained openly about public broadcasting's treatment
of government policy in its news reports.
On January 4, parliament passed a law that provides additional
protections to journalists and limits the instances where the
Government can compel them to reveal their sources. Under the law
journalists can only be compelled to reveal sources in cases where
serious crimes have taken place and access to the sources is required
to complete the investigation.
On September 13, the newspaper Le Monde filed a lawsuit against the
president's office, alleging that it violated the law providing for the
secrecy of journalistic sources by ordering counterintelligence
services to find the source of a leak in its investigation of a
government corruption scandal. The case continued at year's end.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedoms of assembly and association, and the
Government generally respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
http://www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to internally displaced persons,
refugees, asylum seekers, stateless persons, and other persons of
concern.
The law prohibits forced exile, and the Government did not employ
it.
The law requires persons engaged in itinerant activities with a
fixed domicile to sign a declaration that must be renewed periodically.
Itinerant persons without a fixed abode must possess travel documents,
which are renewed every three months, and must choose a city of
residence for administrative purposes.
On July 28, President Sarkozy made a speech linking increased crime
rates with the Romani and Traveller communities. He announced that the
Government planned to dismantle 300 unauthorized camps within three
months and to repatriate Roma living illegally in the country to their
countries of origin. According to EU and the country's regulations,
Romanian and Bulgarian citizens (who comprised the bulk of the Romani
migrants) may remain in the country for a maximum of three months
unless they are employed or enrolled in school.
The Government offered Roma living illegally in the country
voluntary repatriation. It provided each person who accepted voluntary
repatriation with a plane ticket and 300 euros ($402) per adult and 100
euros ($134) per child. Those who did not accept voluntary repatriation
were processed for deportation. While immigration judges approved most
deportation orders, they refused some. According to government
officials, authorities deported 977 Romanian and Bulgarian Roma from
the country between July 28 and August 29. NGOs reported that many Roma
who accepted voluntary repatriation returned to the country by the end
of the year.
Although the Government had been conducting similar deportations
for several years with very little media attention, the publicity
surrounding the dismantling of unauthorized settlements and subsequent
deportations created significant public debate over the policy. NGOs,
including AI, Human Rights Watch, and the European Roma Rights Center,
accused the Government of engaging in actions that served to stigmatize
a minority group. The UN Committee on the Elimination of Racial
Discrimination, the European Parliament, and other intergovernmental
bodies also lodged concerns over the policy. In mid-September, European
Commission Vice President Viviane Reding announced the initiation of
legal proceedings against the country. The Government maintained that
it was only enforcing EU and national law and called on the EU to do
more to promote Romani integration throughout Europe. On October 19,
the EU announced that it had suspended its legal actions against the
Government because authorities had made sufficient commitment to assure
that procedural safeguards affecting the free movement of EU citizens
were in place.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees. The system
for granting refugee status was active and accessible.
Although asylum application forms submitted to the Office for the
Protection of Refugees and Stateless Refugees (OFPRA) must be completed
in French, application instructions were available in English,
Albanian, Russian, Serbo-Croatian, Turkish, Tamil, and Arabic.
In practice the Government provided protection against the
expulsion or return of persons to countries where their lives or
freedom would be threatened because of race, religion, nationality,
membership in a particular social group, or political opinion.
Authorities take into account the ability of the state concerned to
offer protection to the person in danger from persecution by nonstate
agents. However, in May human rights groups criticized the Government's
expulsion practices, pointing out that the Government was deporting
illegal Afghan immigrants back to a war-torn country. As of December 1,
the Government had deported 25,511 illegal immigrants according to
Interior Ministry statistics.
During the year the CAT criticized the country's treatment
procedures to expedite the cases of asylum seekers and to expel those
rejected to countries where they risked torture, cruel sentences, or
inhumane or degrading treatment. The CAT also expressed concerns about
persistent allegations of poor treatment of asylum seekers by police.
In 2009 Prime Minister Francois Fillon promised to aid the city of
Paris in providing lodging and medical care for up to 700 unaccompanied
foreign minors and identified 70 Afghan exiles for lodging at the
Welcome Center for Asylum Seekers. Nevertheless, NGOs reported the
continuing presence of dozens of homeless Afghan youths near the Canal
Saint-Martin in the 10th district of Paris at year's end.
The Government also provided temporary protection to individuals
who may not qualify as refugees but who may be exposed to certain
serious risks if they returned to their country of origin. The
Government granted temporary protection to 10,373 persons in 2009,
according to OFPRA. Individuals may renew their status for a period of
one year.

Stateless Persons.--According to OFPRA statistics, there were 1,078
stateless persons in the country at the end of 2009. Stateless persons
receive benefits from OFPRA, which is charged with the implementation
of international conventions on refugees and stateless persons.
Citizenship is derived both from one's parents and from one's place of
birth. A child born in the country to foreign parents may acquire
citizenship at birth if stateless.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
Political parties generally operated without restriction or outside
interference.
Travellers (an itinerant group of individuals that may also include
Roma if they do not have fixed abodes) were permitted to vote in
municipal elections only after a three-year period of ``attachment'' to
a municipality. Romani and Traveller groups asserted that this
requirement, which is based on special legislation applying only to
itinerant groups, was discriminatory, since other French and EU
citizens, including homeless persons, were able to vote after only a
six-month attachment period.

Elections and Political Participation.--The 2007 national
parliamentary and presidential elections were considered free and fair.
On March 14 and 21, the country held regional elections that
independent observers considered free and fair.
As a result of the September 2008 senatorial elections, 182 women
sat in the two chambers of the 920-seat parliament, 107 in the National
Assembly and 75 in the Senate. At the end of the year there were 11
female ministers in the 31-member ministerial cabinet. Women made up 48
percent of regional council members, 13 percent of departmental council
members, and 35 percent of municipal council members. They held two
presidencies of the 22 regional councils, five presidencies of the 96
mainland departmental councils, and 14 percent of mayoral positions.
The law requires political parties to present candidate lists
containing equal numbers of male and female candidates or face fines.
Following the 2007 legislative elections, the UMP was fined four
million euros ($5.4 million), and the Socialist Party was fined 500,000
euros ($670,000) for not including equal numbers of female candidates
on their candidate lists.
Because the law prohibits the Government from collecting
information on the racial or ethnic background of residents of the
country, no statistics on minority participation in the Government were
available. With the exception of parliamentary representatives from
some of the overseas territories where the populations were
predominantly of non-European origin, minorities appeared to be
significantly underrepresented in the Government. As of year's end
there was only one black member of the National Assembly. During his
tenure President Sarkozy has appointed six female minority officials to
his cabinet.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented these laws effectively. There were
some reports of government corruption during the year.
On April 30, Senator and former interior minister Charles Pasqua
was convicted of corruption when he was interior minister during the
1990s. The judge gave him a one-year suspended sentence.
On August 24, former president Jacques Chirac and Paris mayor
Bertrand Delanoe reached a settlement in Paris magistrate court for
alleged corruption when Chirac was mayor of Paris from 1977 to 1995.
According to media reports, Chirac will pay the city 550,000 euros
($737,000) in exchange for the city's withdrawing a civil complaint.
The Government was pursuing criminal charges at year's end.
The IGS, IGPN, and the Inspectorate of the National Gendarmerie
actively investigated and prosecuted allegations of police and gendarme
corruption. The IGPN reported that 3,109 police officers were punished
for misconduct in 2009, the last year for which data was available.
However, AI accused the Government of failing to punish properly all
cases of police misconduct and corruption.
On December 10, Bobigny's criminal court sentenced seven police
officers to terms of from six months to one year in prison for
falsifying a police report. The convictions stem from an incident on
September 9 in which a police car involved in a chase injured an
officer, but in the police report the officers involved stated that the
driver of the car being pursued was responsible for the injury.
The president, parliamentarians, members of the European
Parliament, ministers, regional and departmental council heads, mayors
of larger communities, and directors of state-owned companies (post
office, railway, and telephone) are required to declare their personal
assets to the Commission for the Financing Transparency of Political
Life at the beginning and the end of their terms. The commission issued
periodic reports on officials' financial holdings on a discretionary
basis at least once every three years.
The law provides for public access to government information, and
the Government provided access in practice for citizens and
noncitizens, including foreign media.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights
organizations generally operated, investigated, and published their
findings on human rights cases without government restrictions.
Government officials were cooperative and responsive to their views.
The High Authority for the Struggle against Discrimination and for
Equality (HALDE) is the independent administrative authority that
judges all discrimination, direct or indirect, that is prohibited by
law or an international agreement to which the country is a party.
The National Consultative Commission on Human Rights serves in an
advisory role to the Government on human rights and produces an annual
report on racism and xenophobia in the country.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, disability, language, or social status, and the Government
generally enforced these prohibitions.

Women.--The law criminalizes rape, including spousal rape, and the
Government generally enforced the law effectively. The penalty for rape
is 15-years' imprisonment and may be increased due to the age of the
victim or the nature of the relationship of the rapist to the victim.
The Government and NGOs provided shelters, counseling, and hotlines for
rape victims. The Ministry of the Interior, Overseas France, Local
Authorities, and Immigration reported that the number of reported rapes
decreased by 4.2 percent from 10,277 in 2008 to 9,842 in 2009, the last
year for which data was available. A report published by three NGOs
estimated that there are 75,000 victims of rape each year. The Ministry
of Justice and Liberties reported that 2,151 persons were convicted of
rape in 2008, the last year for which data was available. On November
24, three NGOs launched a national campaign to raise awareness about
rape.
Violence against women was a problem. The law prohibits domestic
violence against women, including spousal abuse, and the Government
generally enforced it. The penalty for domestic violence varies
according to the type of crime and ranges from three years in prison
and a fine of 45,000 euros ($60,300) to 20 years' imprisonment. The
Government sponsored and funded programs for female victims of
violence, including shelters, counseling, hotlines, and free mobile
phones. The Government also supported the work of 25 associations and
NGOs dedicated to fighting domestic violence by labeling them a ``great
national cause'' for the year. The Government funded a media campaign
to combat domestic violence. The Government reported that 140 women
were killed by their spouses in domestic violence in 2009, an 18
percent decrease from 2008, when 165 women were killed. According to
estimates by the National Institute for Statistics and Economic Studies
(INSEE), 675,000 women were victims of domestic violence during 2008
and 2009.
On July 9, parliament passed a law combating violence against
women. It strengthened protection for victims by providing a
provisional ``protection order'' for at-risk women, especially those
threatened by forced marriage or female genital mutilation (FGM), who
have filed a complaint against their spouses or abusers. It also
provides for increased legal protection for foreign nationals and
undocumented immigrants who are victims of abuse.
The law prohibits FGM as ``violence involving mutilation or
permanent infirmity.'' It is punishable by up to 10 years in prison and
a fine of 150,000 euros ($201,000). The sentence increases to 20 years
if the crime involves a minor under 16 years of age. The statute of
limitations for FGM is 20 years after the victim turns 18 years old.
According to the Group for the Abolition of Sexual Mutilations,
65,000 female adults and minor women were either victims of FGM or
under threat of it, while the National Institute for Demographic
Studies reported that 53,000 women were under threat of FGM during the
year. Government estimates concurred with NGO estimates.
The majority of FGM victims were recent sub-Saharan African
immigrants or their children. One study concluded that FGM had become
less prevalent due to awareness campaigns, but prevention and
information efforts were needed to cover children at risk during family
visits to their countries of origin. The Government provided
reconstructive surgery and counseling for FGM victims.
Sex tourism to other countries remained a problem. The Government
created a Web site where individuals could report cases. It also funded
campaigns on child prostitution on all major television channels and
worked with Air France to raise tourists' awareness. The Ministry of
Economy, Industry, and Employment mandated that all tourism students
complete courses designed to develop awareness of the problem of sex
tourism. The Ministry of Foreign and European Affairs researched
indicators of child sex tourism abroad in order to warn tourists of
child sex tourism sites and monitored sex tourism data. The law
includes extraterritorial provisions that apply domestic law to sexual
offenses committed abroad by citizens or residents of the country.
On January 21, a joint sting operation by the country's police and
Cambodian police against a pedophilia ring operating in Phnom Penh led
to the arrest of two Cambodian citizens charged with child prostitution
and one U.S. citizen charged with indecent acts with three minors.
On April 2, the Central Office for the Repression of Violence
against People arrested for pedophilia and sex tourism a French citizen
returning from Cambodia. The suspect remained in protective custody
awaiting trial at the end of the year.
On September 10, a Paris court found Jean-Claude Chamoux guilty of
raping more than 10 girls in Thailand in 2005. The court sentenced
Chamoux to 15 years in prison.
The law prohibits gender-based job discrimination and harassment of
subordinates by superiors, but it does not apply to relationships
between peers. Sexual harassment was not widely considered a problem in
the workplace. Both the Government and NGOs widely publicized the laws,
and the Government enforced them effectively. According to the Ministry
of the Interior, Overseas France, Local Authorities, and Immigration,
the number of reported sexual harassment cases dropped by 12 percent
from 2006 to 2007, the most recent year for which data was available;
the statistics did not specify the gender of the victims. The new law
to combat violence against women adopted on July 9 increases the
penalty for sexual harassment to 15,000 euros ($20,100) and one year in
prison.
There was easy access to contraception, skilled attendance during
childbirth, and women were diagnosed and treated for sexually
transmitted infections, including HIV, equally with men. Couples and
individuals were able to decide freely and responsibly the number,
spacing, and timing of their children and had both the information and
means to do so free from discrimination, coercion, and violence.
According to data compiled by international organizations, the maternal
mortality rate in the country in 2008 was eight deaths per 100,000 live
births.
Under the constitution and law, women have the same rights as men
in family law, property law, and the judicial system. The secretary of
state for solidarity is responsible for the legal rights of women. The
constitution and law provide for equal access to professional and
social positions. The law requires that women receive equal pay for
equal work. However, various governmental organizations and NGOs
estimated that there was a gender-based pay discrepancy of
approximately 27 percent in practice. Although they made up 58.5
percent of the public sector's workforce, women were underrepresented
in managerial jobs and continued to face difficulties attaining
positions of responsibility. According to a survey of the top 500
companies in the country released during the year, 8 percent of
executive-board members were women.
Women were generally underrepresented in the legislature and other
levels of government leadership. According to the Observatory for
Parity between Men and Women, in May the unemployment rate was 9.6
percent for women compared to 8.1 percent for men.

Children.--Citizenship is derived both from one's parents and the
place of one's birth. Children born within the country's territory to
at least one French citizen parent automatically acquire citizenship at
birth. A child born in the country to foreign parents may acquire
citizenship at birth if stateless or acquire the right at the age of 18
with five years of residence.
There are strict laws against child abuse by parents or guardians,
and the Government generally enforced the law effectively and
prosecuted abusers. On January 26, parliament passed a law making
incest a crime. Previously authorities prosecuted incest under laws
that prohibit rape and sexual assault.
The law provides for a government children's advocate, a position
charged with defending and promoting children's rights as defined by
law. Child abuse was generally not considered a problem.
The Government provided counseling, financial aid, foster homes,
and orphanages for abuse victims. Various NGOs also helped minors seek
justice in cases of mistreatment by parents.
The minimum legal age of marriage is 18 years old. Child marriage
was a problem, particularly in communities of African or Asian origin.
Although such marriage ceremonies took place primarily outside of the
country, authorities took steps to address the problem. Parents may be
prosecuted in these cases. Women and girls could seek refuge at
shelters if their parents or guardians threatened them with a forced
marriage. The Government offered some educational programs to inform
young women of their rights. The High Council for Integration stated it
was important to distinguish between arranged and forced marriage.
According to human rights observers, 70,000 children between the ages
of 10 and 18 were at risk of being forced into a marriage.
The law criminalizes statutory rape of minors under the age of 16,
the minimum age of consensual sex, and the Government generally
enforced the law effectively. The penalty for statutory rape is 15
years' imprisonment and may be increased due to the age of the victim
or the nature of the relationship of the rapist to the victim. The
Government and NGOs provided shelters, counseling, and hotlines for
statutory rape victims. The law prohibits child pornography, and the
maximum penalty for its use and distribution is five years'
imprisonment and a 75,000-euro ($100,500) fine.
Three members of the national soccer team were under investigation
for soliciting sex from an underage prostitute. Police questioned the
players involved, and the investigation continued at the end of the
year.
On May 20, police dismantled a child prostitution ring in Bordeaux.
They arrested nine Bulgarian nationals, accusing them of aggravated
pimping. They face 15 years' imprisonment and a fine of three million
euros ($4 million). Authorities placed the victims in foster care. The
trial date was not set at year's end.
On November 30, police dismantled a child forced begging ring in
Montpellier. They arrested 19 persons from the former Yugoslavia,
accusing them of organized theft and human trafficking. The trial date
was not set at year's end.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html. as well
as country-specific information at http://travel.state.gov/abduction/
country/country--3781.html.

Anti-Semitism.--The Jewish community was estimated to number
600,000 persons. There were reports of a number of anti-Semitic
incidents during the year, including slurs against Jews and attacks on
synagogues and cemeteries. According to the Ministry of Interior,
Overseas France, Local Authorities, and Immigration, during the year
there were 466 anti-Semitic incidents. During the year the Protection
Service of the Jewish Community (SPCJ) also reported 131 anti-Semitic
acts and 335 threats. There was a 46 percent reduction in anti-Semitic
incidents in the year compared with 2009. The SPCJ, the Anti-Defamation
League, and NGO National Center for Vigilance Against Anti-Semitism,
however, each reported an increase in anti-Semitic acts following the
May 31 Gaza flotilla incident. A representative from the French Council
for the Jewish Faith expressed satisfaction with the Government's
response in the wake of the flotilla incident, noting that places of
worship were secured, police cordons prevented protests from turning
violent, and local officials remained in contact with Jewish community
leaders.
During the year violent attacks were reported. On September 3,
eight adolescents attacked a 30-year-old Russian citizen with a knife
following a verbal dispute in a Paris park. According to the victim's
lawyer, the adolescents only began to attack him after they noticed he
was wearing a Star of David around his neck. The police arrested three
minors, whom they later released. The public prosecutor's office
immediately appealed the decision to release the minors. The judge in
charge of the judicial investigation stated that he would prosecute the
case as a religious hate crime. A trial date was not set at the end of
the year. On April 30, two assailants attacked David Pariente, a Jewish
man wearing a yarmulke, with a knife and an iron rod in Strasbourg.
Police immediately apprehended two suspects. Police released an
individual identified as a witness in the attack and on May 2 charged
the assailant, a 38-year-old Algerian national, with attempted
aggravated murder. A trial date was not set at the end of the year.
In July 2009 a Paris court sentenced Youssouf Fofana to life in
prison with no possibility of parole for 22 years and convicted 26
members of the ``gang of barbarians'' for the 2006 kidnapping, torture,
and killing of a Jewish man, Ilan Halimi. Two of Fofana's most active
accomplices received sentences of 15 and 18 years in prison, and others
received prison sentences ranging from six months to nine years.
Prosecutors appealed the relatively light sentences given to 17 of his
26 accomplices, asking that the judge increase them. On December 17,
the judge increased the sentences for Fofana's two primary accomplices
to 18 years and confirmed the sentences for the other accomplices.
During the year there were a number of attacks against Jewish
property and cemeteries reported, including the following examples:
On January 27 and again in late July, graves in a Jewish cemetery
in Strasbourg were desecrated with swastikas. President Sarkozy
criticized the January incident as ``intolerable'' and a demonstration
of the ``the hideous face of racism.'' Police continued to investigate
the incident at the end of the year.
On May 2, a 78-year-old Jewish man was attacked in Nimes with tear
gas in front of the synagogue, which was then vandalized with anti-
Semitic slurs, according to press reports. Police arrested a suspect,
but a trial date was not set at the end of the year.
On June 7, in Metz, a Molotov cocktail was thrown at a Jewish
nursing home, although no damage was reported. Following an
investigation, one person confessed to the crime. A judge gave him a
10-month suspended sentence and ordered him to pay a fine of 500 euros
($670) and complete 210 hours of community service.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with physical, sensory, intellectual,
and mental disabilities in employment, education, access to health
care, and the provision of other government services. The Government
generally enforced these provisions effectively.
During the year according to the Observatory for Inequalities, 19
percent of persons with disabilities were unemployed, twice the
national unemployment rate. The law requires companies with more than
20 employees to provide that persons with disabilities make up 6
percent of the company work force. Noncompliant companies could face
criminal fines that benefit the National Association for the
Professional Integration of the Disabled, an organization of workers
and employers unions that funds training for professionals with
disabilities. However, many companies admitted to being unaware of
their legal obligations. On average persons with disabilities made up
approximately 5 percent of the work force of companies that were
subject to the law.
The law provides for government compensation to persons for the
consequences of a disability and requires that buildings, education,
and employment be accessible to them. The law requires that any new
building with public or community space and any existing public
building be accessible for persons with disabilities. Many existing
buildings as well as transportation systems did not yet meet these
requirements. The law also requires the establishment of centers in
each administrative department to assist disabled persons with
receiving compensation and employment assistance.
On September 13, the president announced that social security
payments to adults with disabilities would continue to increase by 5
percent per year until 2012. The increases, which began in 2007, would
total 25 percent by 2012. During the year the Government paid adults
with disabilities 696.63 euros ($933.48) per month.

National/Racial/Ethnic Minorities.--Societal violence and
discrimination against the country's large immigrant population
remained a problem. The problem continued to be particularly severe on
the island of Corsica, where attacks caused some families to move to
the mainland or to return to their countries of origin. During the year
authorities reported 81 bombings or attempted bombings as well as 16
murders and 14 attempted murders in Corsica. The Government publicly
criticized and addressed incidents of violence against immigrants.
On June 4, a magistrate court in Paris found Minister of the
Interior, Overseas France, Local Authorities, and Immigration Brice
Hortefeux guilty of racial slander. The charges were related to racist
remarks that he made on camera at a political party event in September
2009. The court fined him 750 euros ($1,005) and ordered him to pay
2,000 euros ($2,680) to an antiracism organization. Both sides filed an
appeal. The NGO Movement against Racism and for Friendship between
Peoples continued to call for the minister's resignation.
On June 29, the criminal court of Creteil fined the former prefect
and local coordinator for Reunion, Paul Girot de Langlade, 5,000 euros
($6,700) for racial slander. The penalty stemmed from a July 2009
complaint filed by a security employee of Caribbean origin at Orly
Airport.
On October 28, a group of armed and masked assailants attacked a
Romani settlement in the Parisian suburb of Triel-sur-Seine, home to an
estimated 30 families. Witnesses reported that the attackers arrived
around 2:00 a.m. in a car with a siren and were dressed as police
officers. Carrying nightsticks and pistols, they broke down the doors
of several caravans and began harassing the occupants. The attackers
allegedly forced one woman to strip naked and robbed the residents of
their identification documents. Authorities continued to investigate
the incident at year's end.
Many observers expressed concern that discriminatory hiring
practices in both the public and the private sectors prevented
minorities from sub-Saharan Africa, the Maghreb, the Middle East, and
Asia from equal access to employment.
According to a 2009 survey by INSEE, the unemployment rate of
immigrants was nearly twice as high as that of nonimmigrants (16
percent versus 8.4 percent). A survey by INSEE showed that children of
immigrants also had higher unemployment rates than did the children of
two French parents. According to the report, lower levels of education
and experience for the children of immigrants were only partly
responsible for the higher unemployment rate.
Travellers' organizations alleged that both itinerant Travellers
and those with fixed abodes faced discrimination in education, housing,
and access to government services. Housing and other discrimination
problems were particularly acute for Travellers, as some mayors denied
school registration to children whose parents lived in illegal
campsites. Travellers benefited from a special status that authorizes
children discontinuous school attendance without justification. School
registration rates for Travellers were 66.7 percent in kindergarten,
81.8 percent in primary schools, and 78.8 percent in high school, but
absenteeism and breaks within the education system were frequent.
According to a survey conducted by the NGO collective Romeurope that it
released in February, between 5,000 and 7,000 Romani children living in
the country were not enrolled in school.
Travellers were subject to laws that did not apply to residents
with permanent residences. Individuals over the age of 16 not settled
in one place must have a periodically renewed travel permit. Any delay
in renewal entails a maximum fine of 1,500 euros ($2,010). Authorities
did not consider Traveller caravans to be housing. As a result, they
were not entitled to housing assistance.
The law requires municipalities with more than 5,000 inhabitants to
provide a camping site with facilities and access to water and
electricity. As of year's end, more than half of the municipal
authorities had established 16,000 campsites. However, there was still
a shortage estimated at over 20,000 sites (according to authorities) or
up to 60,000 sites (according to NGOs). At the end of the year,
approximately 5,000 additional campsites were under construction or
slated for construction.
Citizens may report cases of discrimination based on national
origin and ethnicity to HALDE. During the year HALDE received 12,000
discrimination claims, half of which regarded employment. HALDE issued
opinions on approximately 300 cases per year and offered mediation for
hundreds more.
The Government attempted to combat racism and discrimination
through programs that promoted public awareness and that brought
together local officials, police, and citizen's groups. Some public
school systems also managed antidiscrimination educational programs.
The 2008 plan, Hope for the Suburbs, combined security, employment,
housing, and education measures into a package of initiatives to
improve living conditions and opportunities for the citizens,
particularly youth, of the country's multiracial suburbs.
In September the Government opened 13 boarding schools for
promising high school students from poor and immigrant families. On May
25, Prime Minister Fillon launched a new consultative body, the
National Council for Urban Zones. He also announced plans to rezone
underprivileged suburbs and to redistribute government money to target
areas with the greatest need. Nevertheless, implementation of Hope for
the Suburbs plan continued to be slow.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law prohibits
discrimination on the basis of sexual orientation. Authorities pursued
and punished perpetrators of violence against lesbians, gays,
bisexuals, and transgender persons (LGBT). The NGO SOS Homophobia
reported 1,259 homophobic acts in 2009. It reported that there were 88
instances of physical assault, a 33 percent decrease compared with
2008. After the NGO Inter-LGBT claimed that gay and lesbian minors were
frequently targeted for violence, the Ministry of National Education,
Youth, and Community Life responded by asking schools to introduce
lessons on tolerance and diversity.
During the year LGBT organizations held at least eight gay pride
marches. The Government authorized them and provided sufficient
protection to marchers.

Other Societal Violence or Discrimination.--There was no societal
violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The constitution and law provides
workers, including migrant workers, the right to form and join unions
of their choice without previous authorization or excessive
requirements, and workers exercised these rights in practice on the
mainland as well as in the overseas territories. Approximately 9
percent of the workforce maintained formal union membership. The law
allows unions to conduct their activities without interference, and the
Government protected this right in practice. Workers, with the
exception of certain essential service workers such as police and armed
forces, have the right to strike except when a strike threatens public
safety. Workers exercised this right by conducting legal strikes during
the year. Healthcare and public transport workers are required to
provide a minimum level of service even during strikes. Laws and
regulations prohibit retaliation against strikers, and these laws were
effectively enforced.

b. The Right to Organize and Bargain Collectively.--The law
provides for the right to bargain collectively, and workers exercised
this right freely. Approximately 90 percent of workers in the formal
economy operated under collective bargaining agreements negotiated by
trade union representatives.
Although the law prohibits antiunion discrimination, union
representatives noted occasional reports of antiunion discrimination,
particularly in small companies.
There are no special laws or exceptions from regular labor laws in
the country's three export-processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children. However, there were
reports that such practices occurred. Also see the Department of
State's annual Trafficking in Persons Report at http://www.state.gov/g/
tip.
Men, women, and children, mainly from Eastern Europe, West Africa,
and Asia, continued to be trafficked for the purpose of forced labor,
including domestic servitude.
Although there are strict laws against trafficking in persons for
domestic labor, the press reported cases of forced child labor in
households, but no government statistics were available. The press
reported that some African boys were victims of trafficking and lured
into forced labor within the professional soccer industry. During the
year the Committee against Modern Slavery received 239 complaints and
provided assistance to 127 victims, the majority of whom were women
working in domestic labor.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits most forms of child employment, and the Government
generally implemented laws and policies to protect children in the
workplace effectively. The minimum age for employment is 16 years old.
There are exceptions for those enrolled in certain apprenticeship
programs or working in the entertainment industry; however, these
industries are subject to further regulation of conditions and work
hours and for minors. Persons under the age of 18 are generally
prohibited from performing work considered arduous or working between
10:00 p.m. and 6:00 a.m. Labor inspectors from the Ministry of Labor,
Employment, and Health investigated workplaces and generally enforced
compliance with child labor laws.

e. Acceptable Conditions of Work.--On January 1, the Council of
Ministers raised the national minimum wage to 8.86 euros ($11.87) per
hour. The Ministry of the Economy, Industry, and Employment enforced
the new wage. The minimum wage provided a decent standard of living for
a worker and family. Salaries below the minimum wage were permitted for
certain categories of employment, such as persons in subsidized jobs
and internships, which must conform to separate, clearly defined
standards. Employers, except those in the informal economy, generally
adhered to the minimum wage requirement.
The official workweek is 35 hours. Companies may negotiate opt outs
with employees. The maximum number of working days for white-collar
workers is 235 days per year. Maximum hours of work are fixed at 10
hours per day, 48 hours per week, and an average of 44 hours per week
over a 12-week work period. Employees are entitled to a daily rest of
at least 11 hours and a weekly break of at least 24 hours total, not
including the daily rest period. Employers are required to give workers
a 20-minute break during a six-hour workday. Premium pay of 25 percent
is mandatory for overtime and on weekends and holidays. These standards
were effectively enforced.
The law sets basic occupational health and safety standards. The
Ministry of Labor, Solidarity, and Public Sector is responsible for
enforcing the law and did so effectively. Workers have the right to
remove themselves from situations that endanger their health or safety
without jeopardy to their employment, and the Government effectively
enforced this right.
There were press reports that undetermined numbers of undocumented
immigrants experienced substandard pay and working conditions,
particularly in the textile and agriculture sectors. Undocumented
immigrants held several demonstrations during the year to try to obtain
work permits.
During the year the Government launched a Health in the Workplace
plan to address workplace stress and to reduce the number of workplace
accidents by 25 percent by2014.

__________

GEORGIA

The constitution of Georgia\1\ provides for an executive branch
that reports to the President, a unicameral Parliament, and an
independent judiciary. The country has a population of approximately
4.6 million. President Mikheil Saakashvili was reelected in January
2008 in an election that international observers found consistent with
most Organization of Security and Cooperation in Europe (OSCE)
democratic election commitments; however, the OSCE also highlighted
significant problems, including widespread allegations of intimidation
and pressure, flawed vote-counting and tabulation processes, and
shortcomings in the complaints and appeals process. These and other
problems continued into the parliamentary elections in May 2008, which
international observers concluded were uneven and incomplete in their
adherence to international standards. Although a significant number of
opposition parties existed, the country was dominated by a single
party. Security forces reported to civilian authorities.
---------------------------------------------------------------------------
\1\ Except where otherwise noted, figures and other data do not
include the separatist, occupied regions of South Ossetia and Abkhazia.
---------------------------------------------------------------------------
The main human rights abuses reported during the year included
abuse of prisoners and detainees, poor prison conditions, and arbitrary
arrest and detention. There were reports of selective application of
the law--crimes allegedly involving government officials or supporters
were slowly investigated and often remained pending, while crimes
allegedly involving persons or organizations linked to the opposition
were investigated quickly and prosecuted to the full extent of the law.
This imbalance led to allegations of impunity for government officials.
There continued to be allegations of a lack of due process, government
pressure on the judiciary, and that individuals remained in prison for
politically motivated reasons. There were reports of pressure on
businesses to suppress potential support for the opposition and
independent media. There were reports of curbs on media freedom. There
were some cases of restrictions on religious freedom and a lack of
progress on religious issues. There were also reported cases of
violations of the rights of internally displaced persons (IDPs) during
some evictions in Tbilisi, and senior-level corruption in the
Government. Harassment of opposition and NGO members, prejudice against
persons based on their sexual orientation and government interference
with labor associations also were reported.
Significant human rights achievements included: the implementation
of a new Criminal Procedure Code with increased evidentiary standards
and rights of the accused; amendments strengthening the Public
Defender's Office (human rights ombudsman/PDO); the construction of new
prisons that met international standards; and the first direct election
of the Tbilisi mayor.
De facto authorities in the separatist regions of Abkhazia and
South Ossetia, supported by several thousand occupying Russian troops
since the 2008 armed conflict between Russia and Georgia, remained
outside the control of the central government. Russian border guards
restricted the movement of the local population. A cease-fire remained
in effect in both Abkhazia and South Ossetia, although incidents of
violence occurred in both areas.
The de facto authorities in Abkhazia continued to restrict the
rights, primarily of ethnic Georgians, to vote, to participate in the
political process, and to exercise basic rights such as property
ownership, business registration, and travel. Ethnic Georgians also
suffered harassment by Abkhaz and Russian forces, including a lack of
funding for basic infrastructure maintenance and limitations on
Georgian-language instruction in the Gali district schools.
Since 2008 the de facto authorities in South Ossetia have refused
to permit most ethnic Georgians driven out during and after the
conflict to return to South Ossetia unless they renounced their
Georgian citizenship and took the ``citizenship'' of the ``Republic of
South Ossetia''; in practical terms, this often meant accepting a
Russian passport. With the exception of the International Committee of
the Red Cross (ICRC), international organizations were not allowed
regular access to South Ossetia to assess the condition of the local
population or to provide humanitarian assistance.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were reports
that the Government or its agents committed arbitrary or unlawful
killings during the year. Georgian government officials and de facto
authorities accused one another of committing attacks that resulted in
arbitrary and unlawful killings in the occupied regions of South
Ossetia and Abkhazia during the year. Georgian and Russian officials
also traded such accusations (see section 1.g.).
The Ministry of Internal Affairs reported that there were two cases
of police officers fatally using their weapons in the line of duty
during the year. In one April 17 case, a court found the officer guilty
of manslaughter and sentenced him to two years and six months in
prison. The other incident occurred on August 18, and the ministry
reported the police returned fire after the suspect in question shot at
police officers and persons on the street.
There were no further developments, and none are expected, in the
case of Roin Shavadze, whom police allegedly shot and killed in 2008.
According to the Ministry of Justice, in 2008 authorities transferred
the criminal case to the Investigative Division of the Prosecution of
Ajara; at year's end, the investigation continued.
There were seven killings during the year connected to the conflict
in Abkhazia (see section 1.g.).
A number of deaths occurred from unexploded ordinance. On January
14, in Ajara, a person collecting scrap metal from a former military
firing range picked up a piece of unexploded ordinance and took it to
his home where it exploded, killing three persons. NGO Halo Trust
reported two injuries from unexploded ordnance in Tbilisi. Limited
information about events in Abkhazia and South Ossetia made it
difficult to confirm reports of incidents in those regions. However,
Halo Trust reported one death from a mine and three injuries from
unexploded ordnance in Abkhazia during the year.

b. Disappearance.--There was a report during the year of a
politically motivated disappearance connected to the conflict in
Abkhazia. The Government made little effort to investigate the 2009
reported kidnappings and beatings of a number of members of some
nonparliamentary opposition parties by unknown assailants.
Ethnic Abkhaz Garri Jopua reportedly disappeared on October 9 and
reappeared in Abkhazia on November 8. He alleged that he was detained
and tortured by Georgian law enforcement officials, and credible
sources found evidence that Georgian officials had detained him.
Reliable information from the separatist regions, which remained
outside of government control, remained difficult to obtain. In some
case missing individuals were detained by Russian or regional de facto
authorities (see section 1.d.).

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were reports that government officials continued to employ them
with limited accountability. The PDO's 2009 annual National Preventive
Mechanism Report (released in June) noted that allegations of
mistreatment increased compared with previous monitoring. In a June 26
speech, the public defender stated that accountability for torture and
other inhuman treatment remained a problem.
On December 15, the PDO released a statement describing the
National Preventive Mechanism's (NPM) monitoring for the first half of
the year, which reported that instances of prison employees and police
officers mistreating detained and imprisoned individuals continued. The
PDO also noted that police quite frequently used excessive force when
detaining persons. The PDO stated that investigations into allegations
of mistreatment were inadequate and ineffective. However, the statement
also noted that, unlike in penitentiaries and police stations, there
were almost no cases of mistreatment in pretrial detention facilities.
The NGO Empathy reported that on April 6, police officers in Telavi
beat a minor in their custody, denied him access to water, food, or
washroom facilities, and refused to allow him to contact his family or
a lawyer. Empathy reported that the Telavi prosecutor's office
initiated a criminal investigation, but the only information about its
progress at year's end was that the case had been transferred to the
Isani-Samgori prosecutor's office.
During the year an Armenian NGO reported that Vahagn Chakhalian, an
ethnic Armenian serving a 10-year sentence in the Rustavi prison for an
attempted 2006 break-in at the Akhalkalaki municipal building (see
section 6), complained to the PDO that on April 30, prison guards beat
him. The Ministry of Justice asserted on June 15 that medical experts
found no evidence of mistreatment and that his cellmate denied seeing
any signs of physical abuse. On June 23, during a visit with PDO
representatives, Chakhalian signed a statement denying any complaints
against the prison administration and refusing any PDO assistance. The
NGO claimed that the PDO was biased on this issue.
The PDO investigated the possible mistreatment of Neli Naveriani
during her arrest in Mestia on July 7. The PDO representative who
visited her at the Zugdidi penitentiary noted bruising on her arm, and
Naveriani confirmed that she received the bruises from police
officials. The deputy prosecutor in Zugdidi stated that Naveriani
received the bruises while resisting arrest. On July 21 and November
17, the PDO requested that the Chief Prosecutor open an investigation
into the case; however, by year's end no response was received.
On August 17, the PDO called on the chief prosecutor to investigate
the observed injuries on Irakli Kakabadze's, arms and shoulders after
his arrest on August 14. According to the PDO, Kakabadze, a dual U.S.-
Georgian citizen, stated he received the injuries from the chief of the
Tbilisi patrol police and his deputy. The PDO noted that the injuries
were reported in the detention center's protocol. The Ministry of
Internal Affairs claimed their investigation found no signs of
mistreatment or disciplinary or criminal violations; that Kakabadze
could not identify the perpetrators; and that his further questioning
was hampered since he left Georgia on August 18. On October 27, the PDO
made another request to the chief prosecutor; however, by year's end no
response was received (see sections 1.d. and 2.b.).
The NGO Human Rights Priority reported that, on August 19, prison
guards severely beat prisoners at Prison No. Seven in Ksani with
sticks. According to Human Rights Priority, prison authorities singled
out prisoner Archil Sakhvadze during the beatings and told him to
withdraw the application he had filed with the European Court of Human
Rights (ECHR). On August 31, Sakhvadze was transferred to Prison No.
Six in Rustavi. Human Rights Priority reported that a PDO
representative visited Sakhvadze and noted his injuries. According to
Human Rights Priority, the ECHR sent a letter requesting information on
the status of both Sakhvadze's health and the investigation into the
allegations. On October 7, a reply was received giving details of
Sakhvadze's health and indicating that an investigation into the
allegations continued at year's end. According to the PDO and the
Ministry of Correction and Legal Assistance, the case was still ongoing
at year's end.
On August 27, Dimitri Lortkipanidze from the parliamentary minority
reported that the lawyer of Vakhtang Maisaia, who was serving a 29-year
sentence for espionage at Tbilisi Prison No. Eight, informed him that
prison guards beat Maisaia to force him to end his hunger strike
against his detention. Lortkipanidze called on the PDO to investigate
the allegation. According to the PDO, the chief prosecutor's office
informed them on December 10 that an investigation continued.
An incarcerated non-Georgian citizen reported that guards
physically assaulted him during a prison transfer on August 8. The
Ministry of Correction and Legal Assistance asserted that it
investigated the report of assault against the non-Georgian citizen,
which included interrogating witnesses and conducting medical
examinations, and concluded that the allegations could not be
corroborated. He also reported that during the year he witnessed prison
guards randomly choosing inmates for beatings.
There were no developments in the reported May 2009 beating of
Nugzar Otanadze. The PDO reported that it never received a response to
a request for an investigation from the chief prosecutor's office.
According to the Ministry of Justice, the investigation was terminated
at Otanadze's request in September 2009.
There were no developments, and none were expected, in the
investigation of the allegation that unidentified, masked officers in
the Kutaisi Jail and Strict Regime Institution No. Two, beat 12
juvenile prisoners in July 2009. The investigation department of the
Ministry of Corrections and Legal Assistance continued its
investigation of the allegation of use of excessive force at year's
end.
According to the PDO and human rights monitors, the incidence of
abuse in police stations remained low, due to continued, unannounced,
random monitoring of stations. However, the PDO reported in June that
physical injuries were observed very frequently on persons upon
admission to police detention facilities, and the number of such cases
had increased. The public defender stated in a June 26 speech that
officials who conducted investigations into allegations of torture
often mischaracterized such acts as abuse of official power, which
carried a far lighter sanction.
The PDO reported that it received three complaints during the year
that police officers physically abused persons in detention, and that
its last monitoring of pretrial detention facilities, conducted in
December, found no cases of physical injuries. However, the PDO stated
that accurate statistics do not exist given that an investigation is
only launched upon a victim's request. The PDO reported that
investigations into allegations made during the year were either
dismissed or ongoing at year's end.
In a September 21 report on its February 5-15 visit to the country,
the Council of Europe's Committee for the Prevention of Torture (CPT)
reported receiving a few allegations of police physically mistreating
persons in their custody. Most involved excessive use of force (for
example, punches and kicks) at the time of apprehension, but there were
also allegations of mistreatment during questioning. For example, one
person alleged that following his apprehension in early February, he
spent a night in an office at a district police station in Tbilisi
where police officers repeatedly hit and kicked him to compel him to
confess to a crime. Another person alleged that following his
apprehension, officers took him to the Department of Constitutional
Security of the Ministry of Internal Affairs, where he was hit with
clubs and kicked. However, the CPT report concluded that ``the
situation as regards the treatment of persons detained by police in
Georgia has considerably improved in recent years.''
During protests in spring 2009, the PDO received 32 complaints of
police mistreatment from protest activists (see section 2. b.). Most
cases involving violence against opposition activists during the 2009
spring protests remained unsolved at year's end.
According to the Ministry of Justice, authorities initiated 19
investigations into allegations of torture and 15 into inhuman
treatment during the year, compared with 17 allegations of torture, six
of inhuman or degrading treatment, one of use of duress to compel
evidence, and one less-grave injury to health in 2009. During the year
the Ministry of Justice reported that 11 cases were terminated and
judgments were rendered against four persons (two for torture and two
for inhuman treatment).
NGOs and the PDO reported that victims often failed to report abuse
due to fear of retribution by police or prison authorities against them
or their families. NGOs also continued to claim that close ties between
the Prosecutor General's Office and police hindered the ability of NGOs
to substantiate police misconduct. NGOs alleged that the judiciary's
lack of professionalism and independence made it unresponsive to
allegations of mistreatment. As a result, despite implementation of
positive reforms, NGOs claimed law enforcement officials could still
mistreat persons with limited risk of exposure or punishment. NGOs also
believed a lack of adequate training for law enforcement officers, as
well as low public awareness of the protections afforded citizens,
impeded improvements.
The PDO noted that monitoring groups found no instances in which
police officers incorrectly registered a detainee when they brought him
to the police station, which previously had been a means for police
officers to conceal abuse. All law enforcement officers and
representatives of the Prosecutor's Office, with the exception of
officers of the Ministry of Internal Affairs' special units (including
the Special Operatives Department, the Constitutional Protection
Department, and the counterterrorism center), were required to wear
identity badges during meetings with detainees and prisoners. Special
police units were exempt to protect members' anonymity. NGOs asserted
that this protected the personnel of these units from accountability
for abuse.
There were reports of indiscriminate military force by the parties
to the August 2008 conflict in South Ossetia resulting in civilian
injuries (see section 1.g.).
In 2008 Zugdidi police officers Data Gvinjilia and Davit Nadaraia
arrested Gocha Ekhvaia near Engurkalakkombinad in Zugdidi. Ekhvaia
alleged that they forcibly took him from his home after questioning him
on the whereabouts of a missing person, beat him, and drove him around
before testing him for drugs. Ekhvaia was placed in isolation for seven
days of court-ordered administrative detention, during which he lost
consciousness and was hospitalized. The Zugdidi regional prosecutor's
investigation into allegations of police torture of Ekhvaia continued
at year's end.
In September the Government's Interagency Coordinating Council
against Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment adopted a new strategy. The new strategy prioritizes the
following areas of needed reform: development of an effective
complaints procedure for inmates; development of prompt, impartial, and
effective investigations of all allegations of ill-treatment;
protection, compensation, and rehabilitation of victims of
mistreatment; improvement of internal and external monitoring systems
for early detection and prevention of mistreatment in detention
facilities; and improvement in the capacity of relevant institutions.
The Government's action plan to address torture, mistreatment, and
medical care included the PDO as the country's NPM, an institution
required under the UN Optional Protocol to the Convention against
Torture and intended to be the lead government agency for monitoring
allegations of torture and mistreatment of detainees. It published its
first National Preventive Mechanism Report, covering 2009, in June.
In July 2009 parliament amended the law to give the PDO greater
responsibility for monitoring prisons and other closed facilities and
allow it to draw on outside experts in its monitoring efforts. However,
the PDO noted that the Law on the Public Defender does not explicitly
state that the NPM can use audio and video equipment. The mechanism
follows the regulations established by each institution.

Prison and Detention Center Conditions.--Conditions in many prison
and pretrial detention facilities remained poor and did not meet
international standards. The PDO, the CPT, and many NGOs including
Human Rights Watch (HRW) continued to report that while newly
constructed facilities met international standards, old facilities
still in use were inhuman and exposed detained persons to life-
threatening conditions, including poor facilities, overcrowding, and
inadequate health care. Most prison and pretrial detention facilities
lacked adequate sanitary facilities.
In its September 21 report on conditions found during its February
5 to 15 visit to the country, the CPT noted that, although there were
no allegations of mistreatment of patients by staff, the ``ever
deteriorating'' state of the Asatiani Psychiatric Institute in Tbilisi
created conditions ``easily described as inhuman and degrading.'' While
the CPT noted that the Government had taken action to prevent
mistreatment of prisoners, it cited mistreatment at Prison No. 8 in
Tbilisi (Gldani), Penitentiary Establishment No. 7 in Ksani, and
Penitentiary Establishment No. 8 in Geguti as particular problems. In
its 2009 National Preventive Mechanism Report, the PDO noted that in
some penitentiaries sanitary-hygienic conditions and overcrowding were
poor enough to amount to inhuman and degrading treatment.
According to Ministry of Corrections and Legal Assistance data,
during the year 75 convicts died in prison compared with 92 in 2009 and
94 in 2008. Of the 75 deaths, five were suicides, one resulted from
carbon monoxide inhalation from a fire in Ksani Prison No. 15, and the
others were due to illness.
The 2009 National Preventive Mechanism Report recounted the case of
a prisoner who committed suicide in December 2009 in Kutaisi Prison No.
2. The PDO called for a special investigation into the suicide because
there was evidence of physical abuse inflicted on the body before the
suicide. According to the PDO, on May 31, the investigation into the
criminal case was suspended.
Many prisons were severely short of medical facilities, including
equipment and medicine. The 2009 National Preventive Mechanism Report
noted that inequality between the national healthcare system and
healthcare in the penitentiary system violated international standards.
Medical care was also provided unequally in penitentiaries in different
geographical areas. Prisons administrators were not able to provide
comprehensive emergency services. The PDO reported that during the year
many prison doctors were terminated from their positions for not
providing adequate service to inmates, and most prisoner deaths during
the year were due to tuberculosis. The PDO criticized the Ministry of
Corrections and Legal Assistance for a lack of adequate healthcare.
Since 2008 the Penitentiary Department has been overseen by the
Ministry of Corrections and Legal Assistance, and the unit responsible
for monitoring penitentiary establishments has been located in the
General Inspection Department of that ministry.
According to Ministry of Corrections and Legal Assistance, the
inmate population continued to grow, increasing overcrowding. During
the year inmate population was 23,511 as compared with 21,239 in 2009
and 18,528 in 2008. The law defines three categories of penitentiaries:
common regime, strict regime, and prison. Inmates were assigned to
facilities depending on their crimes, with first-time offenders and
persons convicted of less serious crimes assigned to common regime
establishments; recidivists and those who committed graver crimes were
assigned to strict regime establishments or prisons.
The law sets the standard living space per prisoner as 22 square
feet in common and strict regime establishments, 27 square feet in
prisons, 32 square feet in the women's colony, 37 square feet for
juveniles, and 32 square feet in medical facilities. According to the
NPM 2009 report, overcrowding remained a problem, and eight facilities
were overcrowded.
International organizations that monitor prison conditions pointed
out that the country's space standards for prisoners did not meet
international standards. The CPT found that overcrowding was ``rife''
in several of the prisons that it visited.
NGO Empathy reported that in September the Ministry of Corrections
and Legal Assistance moved some juvenile offenders to Prison Facility
No. Eight and that this facility did not meet international standards
for juvenile justice including an adequate courtyard for exercise. The
Ministry of Corrections and Legal Assistance reported that a new
facility for female inmates, including female juveniles, opened during
the year and a new administrative building was constructed to improve
prison conditions at Juvenile Facility No. 11. During the year 70
juveniles participated in new rehabilitation programs including
computer classes. Since its merger with the Ministry of Justice, the
Prosecutor's Office appeared more flexible in following more
progressive criminal justice practices, including piloting a juvenile
diversion program during the year.
The presidential administration sought to use early release of
certain convicts to reduce the size of the prison population. According
to the Ministry of Corrections and Legal Assistance, the president
pardoned 1,299 convicts during the year. In 1,115 cases, the prisoners
were released from prison; in 154 the sentences were halved; in 18 the
convict was released from a conditional sentence; and in 12 instances,
prison sentences were shortened. In 2009 990 persons received pardons
and in 2008 the number was 2,804.
Plea bargains were also used as a tool to try to alleviate prison
overcrowding (see section 1.e.). During the year test cases began in
the implementation of alternative sentencing for juvenile offenders. On
October 1, a new code of imprisonment went into effect and councils for
early release, akin to parole boards, were created. Three new prisons
opened during the year that met European standards for living
conditions.
A working unit of the Ministry of Corrections and Legal Assistance
continued to oversee implementation of a code of conduct for
penitentiary employees modeled after European practices. According to
the ministry, during the year there were 156 cases of violation of
discipline by officers in various penitentiaries compared with 263 in
2009 and 179 in 2008. Violations resulted in various degrees of
punishment including notices (18 cases), reprimand (108), severe
reprimand (27), demotion (two), and dismissal (one). The ministry
reported that the most common reason for disciplinary action was abuse
of authority.
On July 21, parliament amended the law to grant the public defender
the right to make nonbinding recommendations to law enforcement
agencies that they investigate allegations of human rights violations,
including those involving abuse of prisoners. Government agencies have
10 days to respond to the public defender's recommendation. Agencies
that decide not to open an investigation as recommended by the public
defender are required to submit a written justification of their
decision to the PDO within 15 days. The amendment was intended to force
government agencies to justify publicly any failure to investigate
allegations and to improve response times to the PDO. The PDO reported
that its communications with most governmental institutions improved;
however, there continued to be cases of late or inadequate responses,
and the PDO was doubtful if the improvement was directly related to the
amendment.
On December 30, the Ministry of Corrections and Legal Assistance
eliminated its requirement that members of the clergy from confessions
other than the Georgian Orthodox Church seek that church's permission
to counsel or visit prisoners. Members of the Muslim and Baptist
communities had reported having trouble obtaining the Georgian Orthodox
Church's permission for such visits during the year.
While there were Georgian Orthodox chapels in most prisons, there
were no specific nondenominational areas for worship; some minority
religious leaders complained that members of their communities were
unable to worship in the prisons during their holidays due to a lack of
appropriate space. However, a new order issued on December 10 under
article 2 of the Code of Imprisonment explicitly provides for the
religious worship of prisoners and detainees, including worship space,
the right to meet with clergy of any confession, and the right to have
religious items.
Authorities permitted prisoners to submit complaints to judicial
authorities, such as PDO representatives, as well as NGOs,
international organizations, and lawyers, without censorship and
request investigations of inhuman conditions. Authorities opened
investigations into such allegations; however, in many case they never
officially completed their investigations, filed charges, or took other
disciplinary action against officials alleged to have committed abuses.
The Government permitted independent monitoring of prison
conditions by international organizations, local and international
human rights groups, and the media. Such monitoring occurred during the
year. The ICRC had full access to prisons and detention facilities in
undisputed Georgia and some access to facilities operated by the de
facto authorities in Abkhazia and South Ossetia to monitor conditions
of incarceration and treatment of all prisoners and detainees. The ICRC
also supported health programs in prisons and detention centers.
Prison conditions in the two separatist regions were chronically
substandard, although overcrowding reportedly was not a problem.
According to press reports, in February a Georgian prisoner, Demur
Gogokhia, died in Dranda prison. Abkhazian de facto officials reported
that the cause of death was an infectious disease, but the Georgian
media reported allegations that he had died from the effects of
repeated torture. On June 25, an ethnic Georgian, Besik Anjaparidze,
reportedly died in an Abkhaz jail four days after his arrest by de
facto officials who cited a heart attack as the cause of death, but the
Georgian government alleged he died as the result of physical abuse
while in custody.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention; however, the Government's
observance of these prohibitions was uneven.

Role of the Police and Security Apparatus.--The Ministry of
Internal Affairs has primary responsibility for law enforcement. During
times of internal disorder, the Government may also call on the armed
forces. The ministry controls the police, which are divided into
functional departments and a separate, independently funded, Police
Protection Department that provides security and protection to both
infrastructure sites and private businesses. The Ministry of Finance
has its own investigative service.
On October 1, provisions of the reformed criminal procedure code
(CPC) entered into force. The code encourages accountability and
professionalism in the police by barring the use of illegally seized
evidence and legally seized evidence stemming from an initial illegal
action by police (see section 1.e.).
During the period leading up to the May municipal elections, there
were reports that law enforcement officials intimidated opposition
representatives (see section 3). There were also reports that law
enforcement officials selectively enforced laws against those aligned
with the opposition (see section 2.b.).
During nonparliamentary opposition protests between April and July
2009, police reportedly used excessive force against protesters on
several occasions (see section 2.b.); in most case the absence of
accountability resulted in allegations of police impunity.
Also unresolved at year's end were allegations made in 2009 by the
then public defender and by NGOs that police planted evidence, engaged
in inhuman and degrading treatment, abused official authority, and
exceeded the limits of official authority. Nonparliamentary opposition
activists claimed that police especially targeted them with such
actions (see section 1.e.).
According to the Ministry of Internal Affairs, its General
Inspection Service imposed more disciplinary actions on law enforcement
officers during the year than in previous years. Forms of punishment
included reprimands, demotions, and dismissals. There were 861 such
actions compared with 566 in 2009. The ministry also reported that
during the year more police officers were arrested for committing
various crimes, 46 as compared with 29 in 2009. Crimes during the year
included corruption (18 cases), carrying or using narcotics (two),
fraud or excessive use of authority (12), abuse of authority (12), and
misappropriation of state property (two).
The Human Rights Protection Unit in the Office of the Prosecutor
General issued regular updates on the status of cases, trials, and
investigations of human rights violations. However, NGOs maintained
that the incidence of abuse was higher than the number of cases
investigated by the prosecutor general, and failure to conduct
systematic investigations and pursue convictions of all alleged abusers
contributed to a culture of impunity. Human rights NGOs also asserted
that many instances of abuse went unreported by victims due to fear of
reprisals or lack of confidence in the judicial system.
The Prosecutor General's Office was in charge of all criminal
investigations into allegations of torture and mistreatment.
Prosecutors were required to investigate the use of force by police
when a detainee with injuries sustained during arrest was registered.
The law requires the office to open an investigation when it receives
information about a possible violation, even if from an anonymous
source. If prosecutors conclude after investigation that charges are
not warranted, the decision can be appealed to a higher level within
the office. Any person subjected to abuse was able to pursue a civil
action against the abuser. In some case the Prosecutor General's Office
continued investigations indefinitely without issuing any findings. In
most cases that were completed, the office concluded that the use of
force by police was reasonable.
The law obliges police officers to uphold the human rights of all
persons and to use force only when strictly necessary for the
performance of their duties; the Ministry of Internal Affairs and
Prosecutor General's Office are responsible for implementing the law.
The General Inspection Service is responsible for investigating
suspected infractions on duty by police officers, receiving complaints
from citizens on the ministry's hotline, via the public defender, or
from the main unit of the ministry's Human Rights and Monitoring
Department. Infractions may be addressed to the police officer's
supervisor, who can also initiate an inquiry. There are seven
categories of disciplinary measures: reproach, condemnation, severe
condemnation, deprivation of the ministry badge, demotion, demotion by
one grade, or dismissal. If there is suspicion that a police officer
committed a criminal act, the officer is suspended and, if the
allegations are confirmed, the inquiry materials are transferred to the
Prosecutor's Office for criminal investigation.
During the year the Police Academy included training on human
rights in the basic course for patrol police and conducted specialized
training on human rights in cooperation with international partners,
such as the Council of Europe. The Police Academy curriculum for 7,000
patrol, regional inspectors, and junior police officers included
training on the legal basis for the use of coercive force, proper crowd
control, hate crime investigations, tactical training on negotiation
skills for managing critical situations with the goal of using coercive
force as a last resort, police ethics, and role playing to illustrate
these points.

Arrest Procedures and Treatment While in Detention.--The reformed
CPC which took effect during the year includes better-defined rights
and due process protections for those arrested and measures intended to
increase the speediness of trials, thus potentially reducing time in
detention (see section 1.e.). The code provides that the term of the
defendant's initial arrest shall not exceed 72 hours without judicial
review and that the arrested person shall be presented with the
indictment within 48 hours from the moment of arrest. Upon arrest the
defendant is to be advised of all legal rights, and any statements made
after arrest but before the defendant is advised of his rights are
inadmissible and excluded from evidence in the criminal case. Court
observers found that judges adhered to these time frames strictly.
Police are also required to provide detainees a copy of the arrest
and search form, signed by police and detainees. The PDO and NGOs
reported that police often failed to inform detainees fully of their
rights and that, if informed of their rights, detainees often did not
understand them. However, the PDO reported that such instances could
not be verified because detainees signed that they had been provided
with information on their rights at the time of their arrest. On
November 4, the PDO recommended that the Ministry of Internal Affairs
use a form during detention that explicitly states the rights of those
arrested.
The CPC permits law enforcement officers to arrest a person without
a warrant only in exceptional cases. There was no indication that the
code was violated in this regard during the year.
The law provides safeguards for a speedy trial through strict time
frames. A pretrial hearing must occur within 60 days of arrest; if no
pretrial hearing has commenced within 60 days, the defendant must be
released. A trial should begin within 14 days of the pretrial hearing.
The total time allowed under the CPC for detention of a defendant is
nine months, within which the main trial proceedings must be initiated.
Extensions of these timeframes are permitted at the request of the
defendant; the prosecution has only limited ability to alter these time
frames.
After multiple surveys, the judiciary established that the average
trial length for cases to go through the court system was 12 to 13
months for criminal cases; 18 to19 months for civil cases; and 15 to 18
months for administrative cases. The duration of trials at the trial-
court stage did not exceed three to five months. A high number of
judicial vacancies at the trial-court level may have contributed to
some delays in scheduling trials. Thirty-three new judges completed
training during the year. The speed at which the judiciary could add
new judges was affected by a 12-month training program that each
candidate was required to pass.
A second cause of delays in scheduling trials was the failure of
prosecutors and defense lawyers to appear for hearings. Both
prosecutors and defense lawyers used this tactic if they were not
prepared to conduct their case on the day in question. The CPC permits
courts to impose sanctions on trial lawyers for such misconduct. During
the year judges imposed financial sanctions for such lawyer misconduct
as confirmed by court monitors.
The Judicial Administration and Management Reform Project September
survey, conducted by the Institute for Polling and Marketing, found
that the main reasons for delay in the regional courts and the Tbilisi
City Courts were: parties asked for postponement to negotiate plea
agreement (12 percent); prosecutors requested postponement (9 percent);
defense lawyers requested postponement because of conflict with another
trial (8 percent); defense requested more time to prepare case (7
percent); witness did not attend trial (7 percent); health reasons (6
percent); absence of defense lawyer (5 percent); absence of prosecutor
(2 percent); and absence of defendant.
There is a system of bail. The new CPC shifted the presumption
toward releasing detainees, with conditions (including posting of bail
or other surety), away from the previous practice where pretrial
detention was presumed and bail or other alternatives used only
marginally. There was an increase in the judiciary's use of bail
instead of pretrial detention during the year. NGOs noted that, due to
economic hardship, some defendants were not able to pay bail even when
it was granted and ended in pretrial detention. In many case
prosecutors used standardized and stereotypical formulations in seeking
to detain defendants and did not refer to the individual facts of the
case, thus failing to provide an explanation of how the specific
circumstances calls for application of coercive measures (detention).
According to Ministry of Justice data, detention was used in 7,802
cases (54.4 percent) during the year, bail in 3,977 (27.8 percent),
bail secured by remand order in 2,465 (17.2 percent), personal
guarantees in 79 (0.6 percent), and other coercive measures in six
(0.04 percent). In the first 11 months of 2009, bail was used in 4,727
cases, custodial bail in 2,031, pretrial detention in 6,957, release
under supervision in 174, and other measures of restraint in 35.
A property bond is also permitted. In addition to bail and pretrial
detention, the law permits obligating a defendant to appear in court at
a set time or upon summons; prohibiting a defendant from undertaking
certain activities or pursuing a certain profession; obligating a
defendant to report to the court, police, or other state agency daily
or periodically; supervision by an agency appointed by the court;
electronic monitoring; prohibiting a defendant from leaving or entering
a certain location; prohibiting a defendant from meeting certain
persons without special authorization; and ordering a defendant to
surrender a passport or other identification documents. During the year
test cases began in the use of alternative sentencing for juvenile
offenders.
A detainee has the right to request immediate access to a lawyer
and the right to refuse to make a statement in the absence of counsel.
An indigent defendant or a defendant charged in a criminal case has the
right to counsel at public expense. The ministry in charge of the
proceedings appoints counsel upon the defendant's request. If a
defendant requests an attorney after arrest, the investigator or
prosecutor who is handling the case is responsible for contacting and
engaging the attorney. While exact reasons varied (that is,
insufficient time to retain a lawyer or lack of information on basic
legal rights), many defendants were unrepresented at the bail or
detention hearing stage. The proportion was 37 percent at Tbilisi City
Court, based on data compiled by the court's monitors. The courts and
Legal Aid Services sponsored public service announcements on access to
free legal aid throughout the year.
Defense counsel has the right to meet persons accused of a crime
without hindrance, supervision, or undue restriction; however, NGOs and
lawyer associations complained that long lines and cumbersome entry
checks at penitentiary institutions (that they must go through for each
client they meet) hindered their ability to prepare cases. They blamed
the problem on a shortage of interviewing rooms for lawyers and their
clients at detention facilities.
Officers must notify detainees' families of their location within
five hours of their arrest and record the circumstances of the
notification in the case record. PDO representatives regularly reviewed
these records during their visits to police stations and found that, in
most cases, officers adhered to these requirements.
The constitution and the law stipulate that detainees must be
brought before a magistrate judge within 72 hours. Those not brought
before a judge by the prosecutor within this period must be released.
The Prosecutor General's Office is the only body authorized to engage
directly with the courts. There were no reports during the year of
officials holding detainees longer than 72 hours without charging them.
In the case of Irakli Kakabadze and two others who painted over a
street sign as part of a protest to call for its renaming, the PDO
concluded that Kakabadze's detention on the charge of disobeying police
orders was not warranted because video shot at the scene showed
Kakabadze and the others obeyed orders (see sections 1.c. and 2.b.).
Georgian Young Lawyers' Association (GYLA) representatives noted that
the only wrongdoing committed by the protesters was defacing the street
sign, a crime that envisages a 50 lari ($28) fine, not arrest.
In May 2009 authorities arrested three members of the
nonparliamentary opposition on charges of hooliganism after the
opposition members allegedly slapped and punched Georgian Public
Broadcaster (GPB) journalist Nika Avaliani. At a press conference, the
three protesters alleged that during their detention, police beat them,
verbally abused them, and threatened them with death and rape. The
Ministry of Internal Affairs opened an investigation into the
allegations which continued at year's end.
In contrast with 2009, there were no reports that law enforcement
officers planted drugs or weapons on persons during the year to arrest
or charge them in criminal cases. In 2009 this practice was reported,
and many such cases were considered politically motivated (see section
1.e.). In most of the 2009 cases, individuals accepted plea bargains or
were found guilty.
In 2009 there were reports that authorities detained individuals
solely because they were family members of a criminal suspect, despite
the lack of evidence of any ties to an alleged crime. The public
defender and NGOs reported that in May 2009, police officers from the
Ministry of Internal Affairs detained at least 11 relatives of Koba
Otanadze, accused of being one of the leaders of the Mukhrovani mutiny
(see sections 1.g. and 1.c.). Authorities did not formally register
these individuals as detained, and the public defender could not
determine their whereabouts. They were released 21 hours later, after
the arrest of Otanadze. The Ministry of Internal Affairs confirmed the
detention of some family members under the status of ``suspects'' or
``witnesses.'' Authorities filed charges of resisting arrest against
family member Nugzar Otanadze (see section 1.c.). No other formal
charges had been filed at year's end, either against family members who
had been detained or against those responsible for the detentions.
A February 23 amendment to article 80 of the Criminal Code of
Georgia increased the minimum age of criminal responsibility to 14
years of age (from 12 years old). The amended article 80 provided state
that, ``[f]or purposes of criminal responsibility, juvenile is the
person from 14 to 18 years of age at the time of commission of crime.''
During the year de facto officials of the separatist territories
and Russian officials continued to detain many individuals in the
separatist regions of Abkhazia and South Ossetia on charges related to
their ``illegal'' crossing of the administrative boundary line. Russian
border guards, who began administering the boundary lines in 2009,
carried out many of those detentions by enforcing boundary-crossing
rules imposed by the de facto authorities, but they usually handed
custody of the individuals over to the de facto authorities. In most
case the individuals were released within a few hours or days; in some
case the individuals were held considerably longer. In Abkhazia the
detainees were often fined; in South Ossetia they sometimes were.
Georgian authorities also detained a number of individuals near the
administrative boundary lines on various charges, including illegal
entry into the country. Such individuals often carried only Russian
passports with no evidence of authorization to be present in Georgia.
On June 3, Russian border guards detained two herders who crossed
the South Ossetian administrative boundary near Karbala while trying to
round up their herd; one was released immediately because of ill
health, while the other was released later that day. In mid-August, a
resident of the South Ossetian village of Sinaguri tried to cross the
administrative boundary into her village from undisputed Georgia, but
Russian border guards stopped her because it was after the curfew of
8:00 p.m.; she eventually reached her home by another route, but her
husband was later arrested by de facto officials reportedly for
assisting her ``illegal'' crossing.
On July 5, a Russian helicopter landed in Khurcha, outside the
Abkhaz administrative boundary, and detained three men who were
apparently engaged in cross-boundary trade; Russian officials claimed
they had landed inside Abkhazia, but EU monitors determined the
location was outside the administrative boundary line. On October 2,
Russian border guards detained a woman attempting to enter Abkhazia
near Orsantia; she was reportedly accused of ``smuggling'' blankets and
mattresses into Abkhazia. In mid-November, Russian border guards
detained dozens of individuals in a series of incidents, many of which
were likely related to the transport of hazelnuts across the boundary
during the harvest season. On November 22, approximately 20
individuals, including some women and children, were held overnight in
Barghebi; the next day, approximately 12 men from the group were
brought to Gali and fined.
On September 10, after the intercession of EU officials, Abkhaz de
facto officials released Malkhaz Kordzaia, who had been held for two
years on charges of ``illegally'' crossing the administrative boundary.
In May the de facto authorities released six individuals whom they
detained in August 2009 in the Akhalgori region of South Ossetia for
attempting to smuggle wood.

Amnesty.--During the year according to statistics of the Ministry
of Corrections and Legal Assistance, presidential orders pardoned 1,299
convicts, compared with 687 in 2009.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary. However, reports persisted that the
executive branch and some senior judges exerted pressure on the
judiciary.
According to the PDO's report for the second half of 2009, problems
continued within the judicial system including court independence,
quality of investigations, parity of the sides, and substantiation of
court decisions at various stages of consideration.
Many NGOs complained that judicial authorities continued to act in
favor of the ruling party, in some cases even without an actual
directive to do so, particularly if there was a perceived government
interest in the case. Some NGOs and nonparliamentary opposition alleged
that in cases involving opposition activists, the courts tended to rule
in favor of the Government. NGOs also expressed concern that recent
judicial appointees lacked the experience and training to act
independently.
Much of the public viewed the judiciary as one of the country's
most corrupt institutions. However, the most recent comprehensive
survey of court user satisfaction with court effectiveness indicated
that 63 percent of court users agreed that the courts were reliable,
with 60 percent indicating that the courts were impartial. The
Institute for Polling and Marketing conducted the survey in August.
On May 18, GYLA released a report, Justice in Georgia, which
asserted that individual judges sometimes received ``directives'' on
specific cases from other higher-ranking judges. Because of the
subjectivity of determining the grounds for bonuses, as well as
disciplinary punishments (and possibly criminal punishments) for
violations of internal investigations, judges not following such
instructions were subject to repercussions, most notably assignment to
an undesired court.
In a December 13 paper, the International Crisis Group (ICG) stated
that many Georgians still perceived the judiciary as dependent on the
executive branch and deferential to the prosecution, especially given
the 1 percent acquittal rate in criminal cases. In a December 15
report, Transparency International (TI)/Georgia also raised concerns
about the implications of the low acquittal rate for a fair trial.
According to the Ministry of Justice, during the year the acquittal
rate was 6 percent compared with 12 percent in 2009.
During the year according to statistical data provided by the
Supreme Court of Georgia, 21 defense attorneys were charged with crimes
and 17 defense lawyers were charged with fraud. Sufficient information
was not available to demonstrate that all these lawyers were objects of
undue pressure by the Government. However, the December Report on the
Georgian Mission of the International Observatory for Lawyers described
cases of lawyer intimidation where the defense lawyers were arrested
and sentenced on fraud charges. The Georgian Bar Association argued
that these lawyers were working on ``sensitive'' cases or were
considered ``opposition'' lawyers and were targeted as such. The
December Report on the Georgian Mission of the International
Observatory for Lawyers described two cases of government intimidation
of attorneys. The PDO stated that some lawyers encountered difficulties
in their ability to serve their clients properly. The PDO documented
several ``problematic issues'' regarding the limited access of lawyers
to their incarcerated clients.
On October 15, parliament approved a package of constitutional
amendments, including provisions governing the judiciary, that were
scheduled to take effect in 2013. Under these amendments, common court
judges are to be given lifetime appointments after a three-year
probationary period. The Venice Commission and Georgian experts had
criticized this probation period as potentially undermining judicial
independence due to a lack of clear guidelines or criteria governing
the decision-making process as to how judges will be retained or
removed.
The High Council of Justice appoints and dismisses judges. Chairman
and members of the Supreme Court are nominated by the president and
approved by parliament. The chairman of the Supreme Court sits as
chairman of the council.
During the year NGOs and observers continued to criticize the lack
of transparency in the selection, appointment, and disciplining of
judges. Despite the use of objective written examinations to create a
pool of potential qualified appointees and publication of the names of
all potential candidates for public comment, the judicial appointment
process was not sufficiently transparent. Oral interviews of appointees
were held behind closed doors with no public knowledge of what criteria
were used for selection.
During the year the Supreme Court and the High School of Justice
reduced their training program for judges to 12 months to streamline
the training program. Judicial candidates, who have served as lawyers
for at least 10 years prior to being selected for the judicial training
program, can now complete the High School of Justice course in six
months. The program was intended to promote a merit-based selection and
vetting process for judges and help eliminate unqualified appointees.
The program included examinations and performance measures to provide
objective criteria for ranking the performance of the judicial
candidates.
A law on ex parte communications prohibits prosecutors, defendants,
investigators, and any interested third parties from contacting judges
outside the courtroom during cases to influence their decisions.
According to the judiciary, during the year there were no disciplinary
actions taken against sitting judges or other public officials for such
violations; this also was the case in 2009. The disciplinary process
against judges was primarily initiated for violations of an in-custody
defendant's term of detention or for other types of procedural
violations that infringed upon the legal rights of defendants.
During the year 10 judges reportedly left office on personal
resignation requests, and four new judges were appointed after
graduating from the judicial training program. The reformed CPC removed
the judge from the investigative process, thus reducing the opportunity
for ex parte communication and undue influence from the prosecution.
During the year the High Council of Justice's Judicial Ethics and
Disciplinary Procedure Department received 1,053 complaints. They
reported that the majority of complaints were unsubstantiated or
faulty. The High Council started disciplinary proceeding against 30
judges and referred these cases to the Disciplinary Board of the Common
Courts. As a result of the board's decisions, one judge was dismissed,
one received a reprimand, and one received a notice. Other cases
awaited a decision from the board at year's end. In 2009 the
Disciplinary Board of the Common Courts discussed 44 disciplinary cases
involving 32 judges, 19 of which were new cases and 25 held over from
2008. Of these cases, the board imposed disciplinary sanctions on 18
judges, three of whom were dismissed.
Some members of the courts were arrested on corruption charges
during the year. On May 31, the Ministry of Justice's Inspector
General's Office conducted a large scale anticorruption operation and
arrested a judge of the Tbilisi Court of Appeals. Dimitri
Mchedlishvili, an appellate judge, was arrested for allegedly accepting
a bribe of 5,000 lari ($2,825) in exchange for assisting a defendant on
a criminal case. During 2005-07, he was the High School of Justice's
Chief of the Judicial Disciplinary Proceedings Department. In July he
was found guilty and sentenced to three years' imprisonment, one-year
conditional sentence with two years of probation. In addition he was
fined 10,000 lari ($5,650).
Prosecutor Levan Bochorishvili was arrested during the year for
allegedly accepting bribes in the amount of 1,000 and 1,500 lari ($565
and $847) in exchange for fashioning favorable plea agreements for
defendants. In July he was found guilty and sentenced to three years of
imprisonment, one-year conditional sentence with two years of
probation. In addition he was fined 30,000 lari ($16,949). During this
investigation, defense attorney Nana Tkhelidze was arrested for
allegedly accepting payments in the amount of 6,500, 4,000, 1,500, and
1,000 lari ($3,672, $2,260, $847, and $565) to use in securing
favorable plea agreements for defendants.
The Prosecutor's Office is responsible for disciplinary action for
violations of the ethics code for prosecutors. The Office of the
Prosecutor General conducts an inquiry into such facts and presents
this information to the prosecutor general with a recommendation for
disciplinary action. The Ministry of Justice, actively implemented the
code during the year with 23 employees of the Chief Prosecutor's Office
receiving disciplinary actions ranging from notice to reprimand. Three
prosecutors were reprimanded specifically for a violation of the code
of ethics.
In December 2009 officials arrested a prosecutor and accused him of
accepting a 2,000 lari ($1,087) bribe to secure a favorable sentence
for a defendant. Officials also arrested the defense attorney for his
alleged role in the incident. In May the prosecutor was found guilty
and sentenced to nine months' imprisonment, four years and three
months' conditional sentence, and five years and three months of
probation. In addition he was deprived of the right to hold a
government position for three years.
The OSCE's September 13 report on the May 30 municipal elections
raised concerns about the handling of election grievances by the
courts, noting that ``most appeals were dismissed by the courts, even
when during the hearings substantial evidence and testimonies on
violations were presented.''

Trial Procedures.--The constitution and the law provide for the
right to a fair trial; however, in spite of continued reforms, concerns
continued about the fairness of trials.
Human rights activists were concerned that the Prosecutor's Office
is not independent from the Ministry of Justice and that there is no
direct parliamentary vote on the chief prosecutor's nomination.
Concerns also remained that under the reformed CPC, part of the
criminal justice internal guidelines was not public information. Such
lack of public access potentially made it difficult for lawyers to
raise procedural points in criminal cases.
By law defendants are presumed innocent. Under the CPC, the
prosecution must demonstrate a ``high probability'' of guilt at the
pretrial stage. If the prosecutor cannot meet this burden, the court
must dismiss the prosecution's case and release any detained defendant.
On September 24, parliament further amended the CPC. These
amendments include changes to the jury deliberation and unanimity
standards that mirror European legal traditions that do not require a
unanimous jury verdict. The CPC requires a unanimous jury verdict;
however, if a unanimous verdict cannot be reached with the first three
hours of deliberation, a verdict by a two-thirds majority is now
allowed in the next six hours of deliberation. If after this six hours
of deliberation a verdict cannot be reached by a two-thirds majority,
the judge will inquire whether any juror is refusing to participate in
deliberations or has a private interest in the case that was not
disclosed during jury selection. If satisfied that neither of these
circumstances exists, the court will then allow three more hours of
deliberation. If after that time no verdict is rendered, the court may
either dismiss the jury and declare a mistrial, or allow the jury
further time to deliberate. If a second jury trial also results in a
hung jury and no verdict, then the defendant may not be tried a third
time and will be deemed acquitted.
By law a court must certify that a plea bargain was reached without
violence, intimidation, deception, or illegal promise and that the
accused had the opportunity to obtain legal assistance. Under the
reformed CPC, either prosecutors or defendants may initiate plea
agreements. Prosecutors are under an obligation to inform the victim of
the terms of the plea agreement. The victim can also seek a review of
the plea bargain by a senior prosecutor. According to Ministry of
Justice statistics, during the year the use of plea bargaining
increased significantly. During the year the number of plea agreements
was 80.8 percent (15,614) of all judgments as compared with 58.9
percent (10,400) in 2009 and 52 percent (10,608) in 2008.
The majority of plea agreements (which included a proposed
sentence) contained a financial penalty along with either a prison term
or a suspended sentence. Even proper and viable plea agreements were
often perceived as a way for defendants to buy their way out of prison.
According to the ICG, critics of the plea bargaining system asserted
that the system had ``become a revenue source rather than an instrument
of justice.'' Some NGOs reported that the Government coerced defendants
into accepting plea bargains.
In a December 15 report, TI/Georgia evaluated the strengths and
weaknesses of plea bargaining in the country. The report identified a
number of benefits of plea bargaining to the country's criminal justice
system: Plea bargaining brought greater efficiency and cost-savings to
the court process and was a successful tool in fighting corruption,
especially in the context of addressing organized crime. TI also noted
that fewer persons were sent to prison during the year because plea
bargain agreements allowed them to serve suspended sentences. This
procedure alleviated overcrowded correctional facilities. However, TI
raised significant concerns about the fairness of the plea bargaining
system, highlighting the imbalance between the powers of the
prosecution and the judiciary and the system's lack of transparency in
the application and collection of fines. TI also reported a consensus
among interviewed experts that the core problem was not in the law but
in the court and justice system.
The reformed CPC enhanced the provisions for due process. Detainees
and defendants have the right to be presumed innocent until proven
guilty and to receive a speedy, fair, and continuous trial. The code
protects the privilege against self-incrimination. The reformed code
provided that a defendant may ask that a pretrial investigative
confession be suppressed and excluded from the main trial without
providing a rationale or requiring any showing of prejudice or any
wrongdoing by police. If the defendant does not seek to exclude the
confession, no conviction stands if it is based solely on the
confession of the defendant. Initial reports by court observers
suggested uneven implementation of the reformed CPC as it applies to
the protection of defendant rights.
Defendants have the right to a public trial, except where national
security, privacy, or protection of a juvenile is involved. On February
23, parliament amended the criminal code and increased the minimum age
of criminal responsibility to 14 years of age (from 12 years old).
However, the law makes a distinction between criminally responsible
adults and juveniles (who are between the ages of 14 and 18 years old).
The reformed CPC provides for the right to a jury trial for
aggravated murder cases in Tbilisi the first year and provides for
expansion of the trials use for all types of murders and rape in all
cities in subsequent years. The law providing for such jury trials
under Tbilisi City Court jurisdiction entered into force on October 1.
No jury trial had been scheduled at year's end. However, on September
30, a successful mock jury trial was held including a call for jurors
and jury selection. Courts are required to instruct juries that guilt
must be established by the prosecutor alone beyond a reasonable doubt.
The prosecutor's offices engaged in raising public awareness on
criminal justice legislative reforms, including a well-publicized
campaign on the introduction of jury trials.
Defendants have the right to be present at their trial and to
consult an attorney from the time of their arrest. Nevertheless, for
reasons discussed earlier, many defendants in criminal pretrial
hearings, where decisions are made on arrest or bail, did not enjoy the
benefit of counsel.
Defendants may question and confront witnesses against them and
present witnesses and evidence on their own behalf at trial. The
reformed CPC made the rights of the prosecution and defense to collect
and present evidence more equal. By law, defendants and their attorneys
have access to the prosecution's evidence relevant to their cases at
any point during the investigation and may make copies at their own
expense. The prosecution must disclose all evidence to the defendant no
later than five days prior to the pretrial hearing. If the prosecution
does offer evidence at trial that has not been previously disclosed to
the defense, the court is obligated to exclude such evidence. Court
observers reported that the prosecution complied with the new discovery
rules.
In exigent circumstances (that is, evidence about to be destroyed
or tampered with), prosecutors may seize evidence without court
approval but, within 12 hours of the warrantless seizure, they must
explain the underlying urgency to the court's satisfaction.
A convicted defendant has the right of appeal. The prosecution
cannot appeal an acquittal. Once a verdict is rendered, if a prison
sentence is given, then it begins immediately regardless of any pending
appeals. The reformed CPC establishes a time limit within which all
appeals must be resolved. In cases in which the appellant is
incarcerated, the time limit for all appeals to be completed is nine
months and 12 months for cases in which the appellant is not
incarcerated.
The law provides that a verbatim record must be prepared and signed
by the secretary and the presiding judge within five days of the
conclusion of the court hearing or trial. Only then can the parties
receive it. Under the reformed CPC, regardless of whether an arrested
person is ultimately convicted, the state must fully reimburse from the
state budget the damage caused from an illegal or groundless arrest, as
determined by civil legal proceedings.
By law persons charged with crimes can be tried in their absence if
they are absent to avoid trial. If persons convicted in their absence
appeal their conviction within one month of their arrest or surrender,
the law provides for a new trial. Human rights NGOs criticized these
provisions because they apply to all crimes; the Government's position
has been in favor of timely commencement of trial and presentation of
evidence and witnesses to prosecute criminal behavior successfully and
not to reward those who abscond from their prosecution.

Political Prisoners and Detainees.--Several nonparliamentary
opposition parties and NGOs alleged that the Government continued to
hold political prisoners and detainees. Estimates of the number varied;
reasonable estimates were in the dozens. The Government, NGOs, and
opposition leaders disagreed on the definition of a political prisoner.
The public defender did not name any political prisoners or detainees
in his report for the second half of 2009. According to the PDO, the
office did not receive requests for assistance regarding political
prisoners during the year. The parliamentary Human Rights Committee,
which included a member from the opposition, disagreed with assertions
that the Government held political prisoners.
According to observers, a majority of cases alleged to have been
politically motivated in connection with the spring 2009 opposition
protests involved charges of illegal possession of weapons or drugs
against opposition activists. In the majority of such cases, procedural
shortcomings were reported. In August 2009 nonparliamentary opposition
party representatives gave the Minister of Internal Affairs a list of
48 activists from various opposition parties that they considered to
have been arrested on fabricated charges during the April to July 2009
protests. These charges were mainly related to drug and arms
possession. The Ministry of Internal Affairs opened an investigation
into the allegations and began discussions with the nonparliamentary
opposition. Reportedly 10 individuals were released after the initial
talks in August 2009, and 16 were released in November 2009. Many of
these individuals were released on bail or released after serving short
administrative sentences. It was not clear how many of the individuals
from the original list of 48 had been released at year's end. In August
2009 two Republican Party opposition activists on the list were
sentenced to prison terms by the Gori City Court.
In his report for the first half of 2008, the then public defender
identified five political prisoners and, in his report for the second
half of 2008, he identified one. Of these individuals, three remain
incarcerated, including Merab Ratishvili, Joni Jikia, and Maia Topuria.
The Government permitted international human rights and domestic
organizations to visit persons claiming to be political prisoners or
detainees, and some organizations did so during the year.

Regional Human Rights Court Decisions.--During the year the ECHR
ruled against the Government in four cases involving alleged violations
of the European Convention on Human Rights, and supported it in 13
cases. The violations occurred from 1997 to 2006. The violations
pertained to the right to a fair hearing, property rights, the right to
a speedy trial, and the right to life. According to the Ministry of
Justice, authorities paid compensation in three of the cases by year's
end.
For example, on May 27, the ECHR ruled that the Ministry of
Internal Affairs unlawfully deprived former ministry official Batalbi
Saghinadze of the right to use a cottage by evicting him in 2004. An
IDP, Saghinadze had been living in the cottage since 1994. The ECHR
also ruled that the Government's decision extending Saghinadze's
pretrial detention in 2006 was unlawful because the decision consisted
of a template with prewritten findings. The court ordered the
Government to return the cottage or equivalent lodging to Saghinadze or
pay 15,000 euros ($19,600) in damages.
On June 8, in the case of Khaindrava and Dzamashvili versus
Georgia, the ECHR concluded that the state had failed in its
obligations to carry out an effective investigation of an alleged
assault on the applicant's life (in 1997), and that there had therefore
been a violation of article 2 (right to life) of the European
Convention in its procedural aspect (the investigation). The court
ordered the state to pay 12,000 euros ($15,700) in damages.

Civil Judicial Procedures and Remedies.--The constitution provides
for an independent and impartial judiciary in civil matters, but there
were concerns about the professionalism of judges and transparency in
their adjudication. The constitution and law stipulate that a person
who suffers damages resulting from arbitrary detention or other
unlawful or arbitrary acts, including unlawful human rights violations,
is entitled to bring a civil action.

Property Restitution.--GYLA reported several cases in which it
offered legal assistance during the year to groups that claimed the
Government improperly used imminent domain to seize at unfair prices
their property in Tbilisi for public works. In addition GYLA reported
that the Government was exerting pressure on these groups to accept the
offered compensation.
In Abkhazia the de facto law banned de facto courts from
considering any property claims filed by ethnic Georgians who left
Abkhazia before, during, or after the 1992-93 war, thereby effectively
depriving IDPs of their property in Abkhazia. During the year de facto
courts in Abkhazia reportedly did not make efforts to establish facts
or administer justice but acted at the direction of prosecutors and law
enforcement.
In December South Ossetian de facto authorities issued a decree
that invalidated all real estate documents issued by the Georgian
government between 1991 and 2008 relating to property held in the
Akhalgori region. The same decree declared that all property in
Akhalgori belonged to the de facto authorities until a ``citizen's''
right to that property was established in accordance with de facto
legislation.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions without
court approval or legal necessity and prohibit police from searching a
residence or conducting undercover or monitoring operations without a
warrant; however, these prohibitions were not always respected.
NGOs continued to report that police conducted searches and
monitored private telephone conversations without first obtaining court
orders; the CPC permits such searches only under limited circumstances.
NGOs reported that police often obtained warrants after the fact and
many citizens were unaware of their right to delay a search of their
home by one hour to summon two objective third-party witnesses to the
search. Under the CPC, if authorities conduct a search or seizure
without a warrant because of urgency, a court must later approve the
warrantless seizure; otherwise, the evidence collected is considered
invalid.
During the year some opposition figures reported concerns about
government surveillance. An opposition leader alleged that such
surveillance included monitoring of the e-mails and cell phones of
national and regional opposition leaders by officials of the Ministry
of Internal Affairs Constitutional Protection Department.
NGOs and some opposition members contended that tax authorities
targeted certain companies and persons for searches for political
reasons; they viewed the subsequent fines as a form of ``legal
extortion'' by the Government. They asserted that the authorities in
some cases used the threat of tax audits as a tool to dissuade
businesses from contributing to opposition-linked persons and
organizations. Businesses and persons across the political spectrum
reported this practice. In a May report, TI/Georgia noted that the tax
administration, while improved, failed to apply risk analysis or other
auditing mechanisms in selecting businesses to audit. The report noted
that this omission allowed for excesses by the financial police who,
motivated by budgetary shortfalls and political considerations, used
tax audits, as one commentator noted, as a political club.
There were concerns about the lack of due process and respect for
the rule of law in a number of developments related to property rights.
During the year there were reports that the Government sold state-owned
land in the municipality of Mestia in the region of Samegrelo-Zemo
Svaneti without notifying local residents who had been using it in
accordance with customary practice (see section 2.b.).
IDPs and IDP advocates expressed concern that authorities did not
fully respect property rights as they removed IDPs from temporary
shelters in Tbilisi during the year. The Office of the UN High
Commissioner for Refugees (UNHCR) observed that in most cases the
evicted IDPs occupied these buildings without the consent of the
Government or the buildings' rightful owners (see section 2.d.).

g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
On January 11, the Tbilisi City Court rendered a verdict in the case of
a reported mutiny at the Mukhrovani military base in May 2009. The
court acquitted one high-ranking official, Koba Kobaladze, of mutiny
charges. It sentenced Koba Otanadze to 29 years in prison, Levan
Amiridze to 28 years, and Shota Gorgiashvili, who at the time was a
tank battalion commander, to 19 years. The court handed down other
guilty verdicts on lesser charges ranging from the illegal possession
of firearms to disobedience, and sentences ranged from three to 15
years. Most of the 41 accused accepted plea bargains from the
prosecution. Otanadze, Gorgiashvili, Amiridze, and 14 others appealed
their convictions. On October 21, a three-judge panel upheld the prison
sentences for all 17 defendants. Otanadze appealed to the Supreme
Court, where the proceedings were pending at year's end. Some NGOs had
raised concerns about aspects of this case.
Separatist conflicts in the regions of Abkhazia and South Ossetia
remained unresolved, but the security situation stabilized to the point
that no overt use of military force was reported in the conflict areas.
According to the European Union Monitoring Mission (EUMM), the Georgian
Ministries of Defense and Internal Affairs remained in compliance with
their Memoranda of Understanding, which limited the Government's
presence, movements, and armaments in the conflict areas. Russian
occupying forces in Abkhazia and South Ossetia and de facto militias
refused access to international monitors and conducted numerous
unannounced exercises. No international party was able to monitor the
extent of their military presence.
In an October 7 report, the Council of Europe's commissioner for
human rights, Thomas Hammarberg, highlighted a number of human rights
problems following the August 2008 armed conflict in Georgia, including
the inability of the majority of ethnic Georgians from South Ossetia
and Abkhazia to return to their homes and the failure of the Government
to grant some persons displaced by the 2008 conflict status as
internally displaced persons. Hammarberg also noted progress in
removing explosives and other remnants of war of danger to the public
and the release of detainees on both sides, although de facto
authorities continued to hold six persons in detention in South
Ossetia.
HRW reported that despite the passage of more than two years, the
Government had not effectively investigated international human rights
and humanitarian law violations committed during the August 2008
conflict.
While there was little official information on the human rights and
humanitarian situation in Abkhazia and South Ossetia due to limited
access to these regions, many allegations of abuses persisted.
The UNHCR maintained a presence in the region of Abkhazia. During
the year de facto authorities allowed the UN Secretary General's
Representative, who represents the UN in the Geneva Discussions on the
conflict in Georgia, to visit Abkhazia periodically and to send staff
members there on a rotating, nonpermanent basis. UNICEF and UNDP
representatives also periodically visited Abkhazia. None of these
missions had a specific human rights mandate.
The mandate of the OSCE's military monitoring mission in South
Ossetia ended in 2009, when Russia's refusal to join consensus in a new
mandate led to the closure of the mission after 17 years of work.
Subsequent efforts to negotiate an arrangement for a new OSCE presence
in South Ossetia and the rest of Georgia were unsuccessful as of year's
end.
The Gali region of Abkhazia, where many ethnic Georgians live,
remained tense because of limitations on freedom of movement,
kidnapping, arbitrary arrests, and deaths in custody. There were
numerous reports of looting and robbery by Russian forces, Abkhaz de
facto forces, and criminal gangs, especially during the harvest season
when local farmers were extorted for a portion of their income.
Systemic problems in the criminal justice system of the de facto
authorities, in particular the failure to conduct impartial
investigations and to bring alleged perpetrators to trial, sustained a
climate of impunity. Abuse by de facto law enforcement authorities
included arbitrary arrests and detention as well as possible
mistreatment of detainees. De facto law enforcement authorities rarely
wore uniforms or carried badges or credentials, allowing them to act
with impunity. Russian military forces and de facto militias limited
the ability of international observers to travel in Abkhazia to
investigate claims of abuses.

Killings.--Attacks in the conflict areas, some lethal, continued
during the year; Georgian government officials and de facto authorities
accused one another of committing some of these attacks, which occurred
in or near South Ossetia and Abkhazia. No suspects or arrests were
announced in any of the following cases.
On January 29, one police officer and two villagers were reportedly
killed by mines placed near a private home in Chuburkhinji, in
Abkhazia; seven others were reportedly injured. De facto authorities
speculated that Georgian government forces could have been behind the
attack; press reports suggested the incident resulted from tension
between Russian and Abkhaz de facto forces.
On May 20, a villager was injured by a grenade reportedly rigged as
a booby trap in his yard in Takhtisdziri, a village in undisputed
Georgia close to the South Ossetian administrative boundary.
On June 1, an Abkhaz de facto customs official, Gennadiy Kvitsinia,
and a colleague were shot and killed in an a reported ambush in
Dikhazurga, a village in Abkhazia close to the administrative boundary;
one other person was wounded. Two days later a local de facto Abkhaz
administrative official in the nearby village of Repi, Dima Katsia, was
shot and killed. De facto officials accused Georgian authorities of
responsibility for both attacks, but later admitted that the June 1
incident was more likely a criminal affair; they did not offer any
evidence for their accusation. Press reports suggested that the attacks
were connected to criminal activity related to the extortion of
villagers, and the Katsia attack may have been retaliation for the
Kvitsinia attack.
On June 15, Anatoliy Kisiev reportedly suffered three gunshots and
his 15-year-old son was reportedly beaten in Disevi, a village in South
Ossetia and close to the administrative boundary. De facto authorities
accused Georgian police of the attack; Georgian officials said any
attack would have involved only Ossetians.
On June 23, the Georgian media reported that de facto officials
from the Abkhaz ``antiterrorist center'' arrested three ethnic Georgian
brothers in retaliation for the June 1 and 3 killings of de facto
administration officials. One brother, Gogita Anjaparidze, died while
in custody; de facto officials reported that he died of a heart attack,
but Georgian officials alleged he was tortured for three hours and then
beaten to death. The other two brothers were also reportedly beaten and
then taken to area hospitals. They reportedly were being held in an
Abkhaz prison at year's end.
On July 22, five or six Abkhaz police officers were reportedly
injured in a roadside bombing in the Gali district of Abkhazia,
although other reports suggested no one was seriously injured. De facto
officials accused Georgian government of responsibility for the attack;
press reports suggested the Abkhaz may have been involved in a dispute
with Russian officials or had criminal links.
On December 7, police arrested six men in connection with three
explosions that took place in Tbilisi on September 22, October 21, and
November 28 (which killed a woman). The Ministry of Internal Affairs
publicly alleged that the leader of the suspects, an ethnic Georgian
from the occupied region of Abkhazia, was working under the orders of a
Russian officer stationed in Abkhazia.
No developments were reported during the year in the following
conflict-related killings that occurred in 2009: The January 2009
shooting and killing of a Georgian police officer in Knolevi, near the
South Ossetian administrative boundary, in what appeared to be a sniper
attack; the March 2009 attack, involving an improvised explosive device
that killed a Georgian police officer in Dvani, near the South Ossetian
administrative boundary; the April 2009 killing of Elguja Beraia, a
Georgian resident of the Abkhaz village of Nabakevi; the June 2009
attack involving an improvised explosive device that killed the driver
of an ambulance in a convoy led by EU monitors in Eritskali, near the
Abkhaz administrative boundary line; the July 2009 explosive attack
that killed a Georgian resident of Akhalgori in South Ossetia in his
car as he drove from Akhalgori to an IDP settlement in government-
controlled territory; and the August 2009 attack, involving an
improvised explosive device, that killed two civilians in Gagra in
Abkhazia.

Abductions.--During the year there continued to be reports of
abductions along the administrative boundaries of both occupied
regions.
Government and Abkhaz commissions on missing persons reported that
nearly 2,000 Georgians and Abkhaz remained missing as a result of the
1992-93 war in Abkhazia. The South Ossetian de facto authorities
reported 116 persons still missing from conflicts in 1991 and 2004. The
ICRC continued its efforts to assist authorities concerned to fulfill
their obligation to inform the families of the missing persons about
their whereabouts. Most of the missing persons from the 1992-93 war
were believed to have disappeared in the region of Abkhazia. During the
year there were no exhumations of persons thought to have been killed
during the 1992-93 conflict, according to the ICRC.
The ICRC was unable to close approximately 100 of the 1,100
tracking requests from families and authorities it received during the
2008 conflict. There were no developments, and none were expected, in
the 2008 abduction and killing of an elderly woman near Nabakevi.
South Ossetian de facto authorities claimed that several South
Ossetians disappeared while in Georgian custody, including in
particular Alan Khachirov, Soltan Pliyev, and Alan Khugayev, who were
allegedly detained in 2008. The de facto authorities claimed to have
evidence, including eyewitness accounts, that these three were held in
Georgian facilities; they sought outside assistance in investigating
the cases, and the EUMM and Council of Europe became involved. On
September 29, Council of Europe Commissioner for Human Rights, Thomas
Hammarberg, reported that there were indications that Georgian law
enforcement officials had detained the three. He criticized the
Georgian investigators for their ineffectiveness and lack of
independence. The cases remained unresolved at year's end.

Physical Abuse, Punishment, and Torture.--During the year there
were no developments, and none were expected, in the reported killing
of nine ethnic Georgian women and the rape of two others by South
Ossetian irregulars. Investigation of reported rapes was difficult due
to chaotic conditions and lack of police in locations where they
reportedly occurred, often behind Russian checkpoints where Georgian
officials had no access.
There were no further developments, and none were expected, in the
investigation into an attack by unknown perpetrators in 2008 on the
village of Khurcha on the Abkhaz administrative border. A 2009 UN
investigation found that grenades were fired from the Georgian-
controlled side of the cease-fire line. Four civilians were injured.
There were no developments, and none were expected, in the looting
and burning by South Ossetian militias of five ethnic Georgian villages
near Tskhinvali-Tamarasheni, Kekhvi, Kvemo Achabeti, Zemo Achabeti, and
Kurt during the 2008 conflict. At the time, the Russian online news
agency Regnum quoted Eduard Kokoity, South Ossetia's de facto leader,
as stating that the Georgian enclaves of Kekhvi and Tamarasheni were
``liquidated'' as a result of military operations.
There were also no developments, and none expected, in the reported
mistreatment of at least five of 32 Ossetians reportedly detained by
Georgian forces in 2008 during the armed conflict and the arbitrary
detention by South Ossetian forces (sometimes together with Russian
forces) of at least 159 ethnic Georgians. Four of the ethnic Georgians
were killed, at least four reportedly tortured, and almost all
reportedly exposed to inhuman and degrading treatment and detention
conditions prior to their release In a September 29 report, the Council
of Europe's commissioner for human rights, Thomas Hammarberg, reported
that the de facto authorities did not cooperate in the investigation of
two Georgian soldiers who were captured alive during the conflict, but
were reportedly beaten and died while in captivity. Their remains were
returned to Georgian authorities.

Other Conflict-Related Abuses.--Russian border guards began
controlling the administrative boundaries of the two regions in 2009
and continued during the year to restrict the free movement of the
local population across the administrative boundary line for medical
care, pension services, religious services, and school.
During the year working groups at the Geneva talks on the occupied
territories focused on such problems as freedom of movement, the supply
of water from South Ossetia to other parts of Georgia, and the supply
of gas from undisputed Georgia to the South Ossetian region of
Akhalgori. None of these issues was resolved by year's end.
There are well over 350,000 IDPs as a consequence of the conflicts
in Abkhazia and South Ossetia (see section 2.d.).
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, there were credible
reports that the Government restricted freedom of speech and the press.
Individuals were generally free to criticize the Government
publicly and privately without reprisal, although there were some
notable exceptions. Some individuals told foreign monitors they were
reluctant to discuss, or had stopped discussing, sensitive topics by
telephone due to concerns about government eavesdropping. NGOs reported
that a climate of widespread impunity for attacks and harassment of
human rights defenders had a chilling effect on dissenting voices and
watchdog groups, especially outside of Tbilisi. They also asserted that
the Government used the legal process to silence critical voices. An
opposition leader alleged that Ministry of Internal Affairs'
Constitutional Protection Department officials filmed some opposition
political meetings outside of Tbilisi. There were reports that unknown
persons photographed participants at opposition rallies.
Opposition supporters alleged that individuals who had participated
in opposition demonstrations had been fired from their jobs. In
November 2009 there were reports that representatives of the ruling
party in Tbilisi informed a number of individuals that they had
evidence of their participation in the spring opposition demonstrations
and that they would suffer consequences for their participation.
However, NGOs reported no cases of retribution specifically tied to the
spring protest participation.
Opposition figures and representatives of the Government regularly
appeared on the same shows, thereby providing a plurality of views.
During the year programming more frequently utilized a debate format.
During the municipal elections period in May, the GPB aired various
candidate debates including all major candidates for Tbilisi mayor.
The GPB broadcast public policy debates on the weekly television
talk show Accents, anchored by Eka Kvesitadze. Maestro and Kavkasia
also ran political talk shows in a debate format. GPB aired a separate
political talk show, Dialogue, twice a week. On February 22, the public
broadcaster launched Channel 2, a public affairs channel aimed at
airing daily nonedited coverage of political parties and parliamentary
plenary and committee sessions. The channel provided access to the
media market to representatives from across the political spectrum
including airing unedited footage from press events of the
nonparliamentary opposition parties. Channel 2 did not have nationwide
coverage. Its signal covered about 60 percent of the population,
including the country's major cities.
Throughout the year NGOs, independent analysts, and journalists
accused high-ranking government officials and opposition politicians of
influencing editorial and programming decisions through their personal
connections with news directors and media executives and by directing
advertising (and through it, advertising income) using their personal
connections with business owners. There were reports that business
owners were intimidated into not advertising with opposition-leaning
media outlets through the threat of lengthy financial audits by
government authorities. Kavkasia TV reported that on November 15 that a
company cancelled a signed advertising contract after the business
owner allegedly received a threat from a government official that his
business would be closed should he proceed with the contract.
There were approximately 200 independent newspapers, although most
were local and extremely limited in circulation and influence. During
the year print media frequently criticized senior government officials.
However, some individuals affiliated with these papers reported facing
pressure, intimidation, and violence for doing so. Few newspapers were
commercially viable. Patrons in politics and business typically
subsidized newspapers, which were subject to their influence.
The three largest television broadcasters in the country were the
state-owned GPB and the privately owned Rustavi 2 and Imedi TV, the
country's two most popular television stations. All three were
generally considered to have a progovernment editorial policy. An
international NGO estimated that there were more than 45 regional
television stations outside of Tbilisi, 17 of which offered local daily
news, although most were at a very low professional level.
On January 21, a report by HRW noted a lack of transparency in
media ownership and a mixed environment ``with diverse print media, but
nationwide television broadcasting limited to the state-owned public
broadcaster and progovernment Rustavi 2 and Imedi stations.'' On April
27, Freedom House described the press as ``partly free.'' On May 3, HRW
accused government authorities of intimidating journalists and denying
them access to public information. Investigative journalists and NGOs
particularly complained about access to court information.
In its final report on the May 30 municipal elections issued on
September 13, the OSCE's Office of Democratic Institutions and Human
Rights (ODIHR) concluded that the GPB, which broadcast two debates,
provided the public with balanced coverage of the campaign. However,
all other television stations ODIHR monitored lacked such balance,
supporting either the Government or opposition. The report noted that
major broadcasters covered authorities' activities widely and
positively, indirectly benefiting progovernment candidates. The report
described the main television stations as charging artificially high
prices for paid advertisements to limit media use by poorly financed
opposition candidates.
The International Research and Exchanges (IREX) Board's media
sustainability index report for the year stated that ``the ruling
elite'' exercised significant influence over the primary news companies
to ``shape the national narrative'' and again raised concerns that the
majority of media outlets remained split along political fault lines.
On March 13, Imedi TV, a broadcast channel headed by a former
senior member of the Saakashvili administration, aired a
``mockumentary'' of a Russian invasion on Georgia. The program's
failure to clarify that the events being portrayed were a dramatization
and not real resulted in short-lived panic throughout the country.
There were allegations that government officials were directly involved
in the production of the program. Audio tapes, posted by an anonymous
source on a previously unknown Russian Web site and picked up by pro-
opposition journalists and political activists, purportedly
demonstrated that the Government was in talks with the Imedi director.
On March 15, the Georgian National Communications Commission (GNCC)
ordered Imedi to make a primetime apology for the broadcast.
The continued lack of transparency regarding media ownership fueled
concerns over the ownership of the country's television stations, which
served as the main source of information for most of the public.
Throughout the year the PDO and others called for changes in the law on
broadcasting to increase the transparency of media outlet ownership,
including requiring information to be made publicly available regarding
the shareholder structure of license holders and their owners. In its
report for the year, IREX raised concerns about a ``nested doll''-style
media ownership system. However, the ownership of many media outlets,
including Imedi and Rustavi-2, remained unclear at year's end.
The IREX Board's Media Sustainability Index for the year noted that
national television stations rarely broadcast investigative stories.
TI/Georgia's November 2009 report raised similar concerns. Rustavi 2,
Imedi, and the GPB did not produce investigative reports.
As noted in TI/Georgia's November 2009 report, the GNCC was not
perceived to be a truly independent regulatory body, in that it made
politically motivated decisions. The GNCC denied the allegations,
claiming it treated all broadcasting channels the same. Since 2008 the
GNCC prevented the establishment of any new television and radio
stations by delaying the issuance of broadcasting licenses, citing the
continuing need to complete a survey. In November it stated that the
survey was complete; nevertheless, it had not issued any licenses by
year's end.
The GNCC exercised some control over programming by issuing
stations content-based licenses rather than all-purpose broadcast
licenses. There is a ``general license,'' which allows for news and
political programming, and licenses strictly limiting content to
``entertainment only.'' On July 2, parliament approved an amnesty for
tax obligations accumulated before March 1, applicable to all
television stations, including regional broadcaster Channel 25, which
had previously lost a court case challenging a tax levy. Some NGOs,
including the GYLA, criticized the Government for not including a
breakdown of how much of the reported 36 million lari ($20.3 million)
liabilities belonged to each station. Observers believed that the
progovernment stations, Imedi and Rustavi 2, were the major
beneficiaries of the amnesty. The Government justified its refusal to
release details by citing the tax code, which categorizes such
information as a commercial secret.
There were reports of direct physical attacks, harassment, and
intimidation of journalists by government officials.
On January 22, a regional correspondent for the Human Rights Center
and editor of a regional newspaper in Shida Kartli was reportedly
physically and verbally assaulted by security guards at the regional
government administrative building. The journalist was attempting to
obtain public financial information about the regional administration
for an investigative report when the incident occurred. According to
the Human Rights Center, authorities had taken no further action on
this case by year's end. According to the Ministry of Justice, an
investigation determined that the journalist attempted to enter the
building without a proper pass and verbally assaulted security officers
when they asked him to follow proper procedures. The ministry also
reported that forensic examination revealed no signs of physical
injury.
In February an investigative journalist, Vakhtang Komakhidze,
sought asylum in Switzerland, citing aggressive threats from government
officials against him and his family. Komakhidze claimed that such
threats intensified and included death threats after he visited South
Ossetia in December 2009 to research a report on the 2008 conflict. The
author of many investigative reports critical of the Government,
Komakhidze headed investigative reporting production studio Reportiori
(Reporter). On July 27, Switzerland granted Komakhidze asylum.
On June 25, police officers in Gori (in the Shida Kartli region)
allegedly seized the camera of a journalist from Trialeti radio and
television station in Gori and erased footage that showed authorities
dismantling a controversial statue of Stalin. The journalist alleged
that when they seized the camera, the officers pulled him to the ground
and kicked him. The journalist's camera was returned later, and he was
able to continue filming; however, he claimed that after he publicly
reported the incident, a regional police official threatened him by
telephone. The journalist filed complaints with the Ministry of
Internal Affairs and the PDO. The PDO appealed to the main prosecutor
to investigate the case. The PDO had no updated information on the case
at year's end. However, according to the Ministry of Justice,
authorities terminated the investigation when they determined that
police officers had found the camera unattended and had returned the
camera to the journalist intact, including the controversial footage.
The ministry reported that neither the journalist nor the cameraman had
reported any physical assault.
Trialeti reported several other cases of police harassment during
the year. The owner of the company alleged that it began after the
company signed an agreement with pro-opposition Maestro TV. Trialeti
representatives reported that they faced unequal access to government
buildings, received anonymous phone threats, were disproportionally
stopped for traffic violations, and were under surveillance by unknown
persons while covering stories. They also reported that businesses
advertising on Trialeti were threatened with financial audits.
On October 7, Trialeti's news director reported that police
officers assaulted him when they pulled him over for a traffic
violation and then detained him for disobeying police orders. He was
fined 400 lari ($226) by the local court. The PDO requested that the
Office of the Chief Prosecutor open an investigation into the police
assault allegations, but had no update on the case at year's end.
According to the Ministry of Justice, authorities terminated an
investigation into the case; a forensic examination determined that the
news director had minor injuries on his arms and shoulder, and, while
the arm injuries could have been inflicted at the time of arrest, the
shoulder injury occurred earlier.
On October 21, private security guards reportedly assaulted
Kavkasia Television reporters filming a protest at Lilo Market, and
police on the scene took no action. Kavkasia reported that they did not
press charges or request an investigation. The PDO issued a statement
on November 10 reporting that on November 3 it sent a letter to the
prosecutor general demanding a response to the assault allegation.
According to the Ministry of Justice, a journalist was questioned;
neither the journalist nor anyone else reported any interference into
the work of the journalists.
According to a PDO statement issued on November 16, in October and
November, an individual named Gela Chvritidze physically assaulted Enri
Kobakhidze, the president of the Tanamgzavri television station. The
statement indicated that Chvritidze appeared to have a police
affiliation. On November 23, the OSCE representative on freedom of the
media requested additional information about this case from the foreign
minister. According to the PDO, the chief prosecutor launched an
investigation on November 15; the investigation was pending at year's
end. According to the Ministry of Justice, an investigation determined
that the two persons in question got into a fight at a wedding
ceremony, the cause of the fight was a private matter, and it had no
connection to Kobakhidze's media ownership. Chvritidze was dismissed
from the police.
According to the PDO, there was no update in the investigation into
the April 2009 alleged physical assault by police on Versia newspaper
journalists, Ana Khavtasi and Nino Komakhidze, at an opposition protest
rally in front of the Public Broadcaster's building.
There were no developments, and none were expected, in the Ministry
of Internal Affairs' investigations of November 2009 allegation by Mzia
Amaglobeli, publisher of the Batumi newspaper Batumelebi, that the
local unit of the ministry in Batumi tried to blackmail the head of the
newspaper's investigative reporting team into cooperating with it.
According to the Ministry of Internal Affairs, the investigation
continued at year's end.
There were no developments, and none were expected, in the
investigation by the Ministry of Internal Affairs of death threats
reportedly made in 2008 against editor in chief Eter Turadze and a
staff member of the Batumelebi newspaper, or allegations by two
independent journalists, Maka Tsiklauri and Irakli Goguadze, that the
Government pressured them on matters related directly to their work in
2008.
There also were reports of attacks on journalists by
nongovernmental actors. On May 7, a discussion on Kavkasia Television's
program Barieri (Barrier) with leaders of two fundamentalist Georgian
Orthodox groups and supporters turned into a fistfight. Representatives
of the fundamentalist groups, Union of Orthodox Parents and the Public
Orthodox Christian Movement, verbally and physically assaulted some of
the program's guests and the station's staff, including journalists and
the station's director general. Police detained at least eight persons.
On August 12, the Tbilisi City Court found eight persons guilty of
hooliganism and obstructing the work of journalists and sentenced them
to four and one half years in prison.
In April 2009 a journalist and a cameraman from Rustavi 2 alleged
that three young persons assaulted them outside of parliament while
they were covering nonparliamentary opposition protests. The cameraman,
Levan Kalandia, stated that three young persons approached and started
to insult journalist Natia Lekishvili, in a confrontation that
escalated into a brawl. Video footage, broadcast on television, showed
a young man punching the cameraman. According to the PDO, an
investigation was launched and continued at year's end.
According to the PDO, the assault on Prime News Agency journalist
Teona Managadze by opposition protesters in April 2009 did not amount
to a crime, and the PDO did not request an investigation.
Media in the separatist regions of South Ossetia and Abkhazia
remained tightly restricted by the de facto authorities and Russian
occupying forces.
HRW and Amnesty International reported that on July 24, in
Tskhinvali, South Ossetia, as many as 10 assailants, including three
members of the de facto South Ossetian ``parliament'' allegedly
attacked an independent journalist and civil society activist, and
threatened his colleague. The journalist suffered injuries from punches
to his head, face, and body, and required hospitalization. The attack
was allegedly in retaliation for his participation in a Georgian-
Ossetian civil forum where humanitarian problems were discussed; de
facto Ossetian authorities reportedly denounced participants in the
forum as traitors. Both victims reportedly left South Ossetia after the
attack.
On September 22, Russian and de facto authorities in Abkhazia
reportedly dismantled radio and television transmitters located in the
Inguri power station. Without the transmitters, ethnic Georgian
populations in the Gali region were no longer able to receive Georgian
language programming.
Often journalists worked without contracts, which in effect
encouraged them to practice self-censorship. Journalists were hesitant
to report material that did not reflect the owners' views, since they
were afraid of losing their jobs. There were reports of authorities
influencing journalists--sometimes through intimidation--into
practicing self-censorship. Opposition party representatives and media
advocates reported that they believed journalists either did not cover
or lightly covered events that showed the Government in a negative
light on their own volition out of concern that critical pieces would
not be aired or could potentially cost them their jobs. An example was
a discussion on media freedom hosted on December 22 by the pro-
opposition Trialeti television and radio station. Pro-opposition media
outlets Maestro and Kavkasia covered this discussion; however,
progovernment outlets Rustavi and Imedi did not.

Internet Freedom.--Outside of Abkhazia and South Ossetia, there
were no government restrictions on access to the Internet or reports
that the Government monitored e-mail or Internet chat rooms. However,
according to November amendments to the Law on the Operative-
Investigative Activity, communication companies are obligated to
provide for the availability of private information for investigations;
therefore, law enforcement officials conducting an investigation will
have access to private e-mails, chats, open, and closed conversations
on the Internet.
Individuals and groups could engage in the expression of views via
the Internet, including by e-mail. E-mail access rose slightly during
the year but remained centered in Tbilisi and other metropolitan areas.
According to International Telecommunication Union statistics for 2009,
approximately 31 percent of the country's inhabitants regularly used
the Internet.
Insufficient information was available about the situation in the
occupied territories.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly;
however, there were concerns about provisions in the law. During the
year authorities permitted demonstrations; of the few large protests,
most, but not all, were held without incident.
The law requires political parties and other organizations to give
prior notice and to obtain permission from local authorities to
assemble on a public thoroughfare. Permits for assemblies were
routinely granted during the year. The law governing administrative
offenses prohibits the blocking of streets ``artificially'' and
``deliberately,'' either by protesters themselves or with ``various
types of constructions and/or objects.'' The amended law on police
allows the use of nonlethal projectiles, including for riot control.
The maximum prison term for a number of administrative offenses
increased from 30 to 90 days. In contrast under the CPC, pretrial
detention for criminal charges is 60 days.
In October 2009 legal experts of the Venice Commission expressed
concern over provisions in the Law on Assembly and Manifestations that
restrict freedom of assembly, which they recommended that parliament
amend. The experts and some NGOs also expressed concern that parliament
enacted the law before receiving the commission's opinion and expressed
a desire to comment on two other laws affecting freedom of assembly. At
year's end parliament was in discussions with the commission to address
their areas of concern.
On September 2, the public defender submitted a constitutional
complaint regarding a number of articles in three laws affecting
freedom of assembly including, a ban on demonstrations by one person or
by a person without Georgian citizenship; a prohibition on
demonstrations within 20 meters of certain designated locations; a ban
on blocking traffic under certain circumstances; the requirement to
notify local officials five days in advance, thereby eliminating the
possibility of a spontaneous demonstration; and a ban on defacing
public property.
The head of the Tolerance Center within the PDO reported that on
May 4, he was hit on the head by a member of a fundamentalist Georgian
Orthodox Church group during a rally in support of the publication of a
book critical of the church. The rally was reportedly disrupted by
extreme Orthodox Christian groups, some of whose members physically
assaulted demonstrators. Police reportedly tried to part the
conflicting sides but failed to respond adequately during the rally and
failed to bring charges against those involved.
On May 6, police and protesters reportedly suffered some minor
injuries during a protest against Police Day. According to reports, a
scuffle broke out when protestors tried to cross a police blockade to
disrupt a police parade. Protesters threw stones and injured police
officers, and police used batons in self-defense. There were no
confirmed reports of arrests or excessive use of force by police.
Except for this incident, the protest was reportedly conducted
peacefully.
The PDO requested an investigation into two aspects of the arrest
of Irakli Kakabadze and two others who assembled to advocate the
renaming of a Tbilisi street (see sections 1.c. and 1.d.).
On August 19, police arrested two activists for allegedly resisting
police orders during a protest of IDP evictions (see section 2.d.). The
two were fined 400 lari ($217) and released the same day. The scuffle
with protesters reportedly occurred when police attempted to arrest the
protest organizer. However, there was no reported violence on the part
of police, and police did not arrest the organizer.
On October 21, vendors at one of Tbilisi's largest outdoor markets,
Lilo, went on strike to protest the enforcement of tax regulations.
Opposition politicians, accompanied by journalists, decided to enter
the market to see the shops and protest their closure but were barred
entry by nonuniformed police and private security providers, leading to
a scuffle. Journalists said that during the incident security guards
assaulted them (see section 2.a.). Police arrested opposition party
member Zaza Chakvetadze (National Forum). On October 25, a judge denied
bail to Chakvetadze and sent him to pretrial detention pending an
investigation. Chakvetadze was charged with resisting arrest. National
Forum denied any wrongdoing and stated that the arrest was politically
motivated. According to the Ministry of Justice, Chakvetadze attempted
to use a firearm. Chakvetadze pled guilty and was sentenced to a two-
year suspended sentence and fined 2,000 lari ($1,130).
Some school directors claimed that the Ministry of Education and
Science forced them to resign after students at their schools protested
reforms to the national university entrance exams on November 9. Eight
directors resigned.
The nonparliamentary opposition organized several large protests in
2009 during which police or nonuniformed assailants reportedly clashed
with protesters with little accountability. The nonparliamentary
opposition groups held a sustained protest from April to July 2009.
Throughout this protest, the opposition parties called for President
Saakashvili's resignation. For the most part, authorities allowed the
unauthorized rallies (which included prolonged disruptions of traffic
and public thoroughfares) to take place unimpeded. However, NGOs and
the PDO reported dozens of cases of attacks on participants as they
were leaving these protests by unknown assailants wearing masks and
carrying blunt instruments.
In May 2009 police detained three young activists, who subsequently
asserted that they had been beaten and threatened while in custody.
Later during the day of their detention at Tbilisi police headquarters,
several nonparliamentary opposition activists and police officers were
injured in a confrontation outside the headquarters. According to the
PDO, an investigation was launched, but there was no update by year's
end.
In June 2009 police and protesters clashed outside a Tbilisi police
station. Police reportedly attacked the protesters, journalists, and
the PDO representative on the scene, injuring some of them. Police
arrested 39 protesters for resisting police orders. Five activists were
sentenced to 30 days in prison. The Tbilisi City Court fined the others
400 lari ($237) and released them. The PDO stated that their requests
for information on investigations into allegations of misbehavior
against police officers on this occasion remained unanswered at year's
end.
In July 2009 police arrested seven activists from a pro-opposition
youth group that was rallying outside of parliament. The Ministry of
Internal Affairs stated that all of the activists were charged with
petty hooliganism, resisting police orders, and blocking the parliament
building's entrance. One of the activists was fined 400 lari ($237);
the others received either 12- or 14-day prison sentences for
administrative offenses.
According to a Web site, police arrested three opposition youth
activists in November 2009, claiming that they had violated the amended
law on rallies and resisted arrest. The Tbilisi City Court found the
three guilty, despite the reported existence of film footage indicating
that they had not violated the law or resisted arrest. GYLA criticized
the arrest and the court ruling as a ``rough violation'' of freedom of
assembly. The PDO reported that the three activists did not break any
laws, stating that ``the constitutionally provided freedom of assembly
of Dachi Tsaguria, Jaba Jishkariani, and Irakli Kordzaia has been
violated.''
In 2007 the Old Tbilisi District Prosecution Office initiated a
preliminary investigation into injuries sustained by individuals during
demonstrations in November 2007. The Office of the Chief Prosecutor's
investigation into the incidents continued at year's end. NGOs,
including HRW, continued to report that the Prosecutor's Office had not
brought charges against attackers. The PDO had no update at year's end.
The Ministry of Internal Affairs stated in 2007 that 11 police officers
were dismissed because of inappropriate behavior during the
demonstrations.

Freedom of Association.--The constitution and law provide for
freedom of association; however, the Government did not always respect
this right in practice. There were some allegations during the year
that members of opposition parties not represented in parliament (the
nonparliamentary opposition) and their families and associates were
selectively targeted for prosecution by law enforcement agencies and
were subjected to stricter penalties than other citizens upon
conviction. There also were allegations of pressure on opposition
figures including surveillance and actual or threatened job loss. The
lack of criminal accountability for physical assaults on opposition
activists or supporters over the previous five years remained a
problem.
On August 31, the president pardoned the son and brother of
opposition activist Eka Beselia, as part of a pardon of 240 prisoners.
Police arrested them in August 2009 for hooliganism and disobeying
police orders. In December 2009 the Batumi City Court sentenced them to
1.5- and 2.5-year prison terms, respectively. Many legal analysts
viewed these sentences as particularly harsh in view nature of the
charges, although they were within sentencing guidelines. Beselia
claimed that the arrests and convictions were due to her political
activities.
Regional police arrested opposition and Mestia city council member
Neli Naveriani and three of her nephews on July 7 for allegedly
extorting money from a Canadian investor building a tourist resort in
Mestia. The investigation took five days. Naveriani admitted entering
into negotiations with the investor because her family had used the
land he was to build on for generations, but denied making any threats.
Her family had not legally registered their claim to the land. NGOs,
including GYLA, stated that Naveriani was targeted for prosecution
because of her opposition role in Mestia and because she made public
allegations of election violations by the governor of the Samegrelo-
Zemo Svaneti region and the Mestia district executive chief (see
section 3). The Zugdidi District Court found Naveriani guilty on
November 9 and sentenced her to four years in prison. GYLA reported
that she pled guilty on the expectation of a plea bargain, but the
prosecutor's office turned down the motion. GYLA lawyers appealed the
sentence, and the case was pending at year's end.
Some opposition party figures, and the OSCE/ODIHR in its final
report on the May municipal elections, noted that ``a pervasive climate
of fear exists, such that state employees and their family members are
reluctant to associate with the opposition, for fear of losing their
jobs.''
The Ministry of Internal Affairs made no arrests and did not
conclude any investigations into cases reported during the spring 2009
protests, including the assault on four members of the Ratom (Why)
movement by 10 to 15 masked assailants who warned them not to attend
any more rallies on pain of physical retribution; the reported physical
and verbal assault on Shmagi Gelbakhiani, Ivane Gobejishvili, and other
members of the youth organization of the nonparliamentary opposition
group Alliance for Georgia as they were going to a protest rally
outside parliament; and the reported beating of Gocha
Sakhltkhutsishvili, a member of the organizational committee of the
protest actions, and theft of his car.
In 2009 the PDO published a report with 32 suspected politically
motivated assaults on nonparliamentary opposition activists during the
protests in April to July 2009. According to the PDO, it forwarded all
the information gathered in these cases to the Prosecutor's Office for
further investigation. Investigations were continuing at year's end.
There were developments related to 2008 physical assaults reported
by the PDO on opposition supporters Mamuka Kvaratskhelia, Ramin
Abuladze, Davit Sazanishvili, Amiran Iobashvili, Nugzar Khutsurauli,
Giorgi Tavdgiridze, Giorgi Shervashidze, Boris Dzanashvili, Levan
Jgarkava, Levan Gvarjaladze, Davit Metreveli, Ioseb Bortsvadze, Zurab
Giguashvili, and Nona Sagareishvili. According to the PDO, in the case
of Gvarjaladze, a criminal suspect was found; Jgarkava requested the
termination of his case himself in 2008; Dzanashvili's case was also
terminated in 2008. According to the PDO, the other cases were not
investigated. According to the Ministry of Justice, there was not
enough evidence in the case of Dzanashvili to continue the
investigation. According to the Ministry of Justice, the investigations
regarding Kvaratskhelia, Abuladze, Sazanishvili, Iobashvili,
Khutsurauli, Tavdgiridze, Shervashidze, Metreveli, Bortsvadze,
Giguashvili, and Sagareishvil were still pending at year's end.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for full freedom of
movement within the country, foreign travel, emigration, and
repatriation for Georgian citizens, but this freedom was limited in
practice by de facto authorities and Russian occupying forces. The
Government cooperated with UNHCR and other humanitarian organizations
in protecting and assisting IDPs, refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern.
Georgian law imposes limitations on foreigners moving into and out
of Abkhazia and South Ossetia. It also imposes special requirements on
persons conducting economic activities in the occupied regions. There
were no reports the Georgian authorities unduly restricted any
international humanitarian organizations in practice. Russian and
Abkhaz de facto authorities limited international organizations'
ability to operate in Abkhazia; Russian and South Ossetian de facto
authorities blocked virtually all international organizations,
including humanitarian organizations, from regular access to South
Ossetia.
De facto authorities and Russian forces in the occupied regions of
Abkhazia and South Ossetia restricted freedom of movement. Checkpoints
operated by Russian border guards and de facto militia often obstructed
citizens' movement within these regions and between these regions and
areas controlled by the Georgian government. Although Abkhaz de facto
authorities maintained that the administrative boundary with the rest
of Georgia was officially closed, they allowed limited crossings at the
Rukhi Bridge; in July they introduced a permit system that formalized a
process of granting permission to cross the boundary for 100 Russian
rubles (about $3) for a single trip. South Ossetian de facto
authorities allowed limited crossings in and out of the Akhalgori
region, which is populated predominantly by ethnic Georgians.
International observers were able to gain limited access to Abkhazia,
but only a small number gained occasional and extremely restricted
access to South Ossetia.
Following the 2008 hostilities, Russian and South Ossetian forces
occupied villages outside of the South Ossetian and Abkhazian
administrative boundaries. By October 2008 Russian and irregular forces
had, to some extent, pulled back to preconflict positions. Major
exceptions included an increase in the scale of the Russian presence
and expansions into previously unoccupied areas, including a
significant new Russian and Ossetian presence in the Akhalgori valley
and the Upper Kodori Valley in Abkhazia. In October Russian forces
withdrew from their checkpoint near Perevi, outside the South Ossetian
administrative boundary, which they had maintained since the war.
South Ossetian de facto authorities reportedly exerted pressure on
local residents, especially younger residents, to accept South Ossetian
authority. On September 24, the media reported that the de facto
authorities announced that ethnic Georgians would face restrictions,
such as a fee to cross the administrative boundary, unless they
obtained South Ossetian ``passports.'' This requirement had not taken
effect by year's end.
An Abkhaz ``citizenship'' law allows dual Russian-Abkhaz, but not
dual Georgian-Abkhaz, ``citizenship.'' Ethnic Georgians living in
Abkhazia were required to acquire Abkhaz ``citizenship'' to open
businesses, establish bank accounts, vote in elections, travel freely,
or own property. While ethnic Georgians in the region could legally
apply for Abkhaz ``passports,'' the processing of their applications
met with long delays and, in most cases, was never completed. In late
December, a de facto Abkhaz and a Russian member of a property rights
commission stated that the commission would not consider claims to
property in Abkhazia made by ethnic Georgians.
Abkhaz de facto militia conducted searches of local populations.
They extorted money and valuables from ethnic Georgians accused of
violating the identity document requirements. International
organizations reported that Gali residents faced serious threats of
extortion, especially at harvest time, but generally refused to make
public or specific allegations of such abuse for fear of retribution.
The law prohibits forced exile, and the Government did not employ
it.

Internally Displaced Persons.--According to the Ministry for IDPs
from the Occupied Territories, Refugees, and Accommodations, before the
2008 armed conflict there were approximately 235,000 IDPs from the
conflicts of 1992 and 1993; the UNHCR estimated this number at 359,716
during the year. The UNHCR estimated that of the approximately 127,000
individuals displaced as a result of the 2008 conflict, 3,472 remained
displaced as of January. They had not received a durable solution in
undisputed Georgia. In addition as of January, the UNHCR counted
105,715 persons as being in an ``IDP-like'' situation needing
protection and humanitarian assistance; this number included
individuals who returned to Abkhazia, South Ossetia, and areas adjacent
to the Administrative Boundary Line with both South Ossetia and
Abkhazia, as well as those displaced in the 2008 conflict who were
subsequently relocated.
By year's end most IDPs displaced in 2008 had received formal IDP
status under national legislation; however, IDP status was not
established for some individuals who were displaced or claimed to have
been displaced in the 2008 conflict. These individuals, described by
the Ministry for IDPs from the Occupied Territories, Refugees, and
Accommodations as ``IDP status seekers,'' include persons who had never
been registered with Georgian authorities, such as persons who never
underwent birth registration or who were displaced from regions which
prior to 2008 were not under Georgian control; persons whose departure
from South Ossetia cannot be established as indeed having been caused
by the conflict; or persons who cannot prove their former residence in
the occupied territories. These include in particular persons who may
own property in the Akhalgori region of South Ossetia, but may have
moved for economic, educational, or other reasons prior to the
conflict. As there was some seasonal movement of persons to and from
Akhalgori, it was at times difficult to establish where an individual
was settled at the time of the conflict. Various agencies including the
Government, the UNHCR, and NGOs employed different methods in
estimating the total number of IDPs.
During the year IDPs from the 2008 conflict continued to receive
assistance, including a monthly status-linked cash payment from the
Government, as well as some benefit from assistance activities of the
international donor community. The Ministry for IDPs from the Occupied
Territories, Refugees, and Accommodations continued to implement the
action plan for the implementation of the State Strategy on IDPs
adopted in 2008. The main objectives of the plan were to provide decent
living conditions for IDPS and promote their socioeconomic integration
while they are displaced and to create conditions for the return of
IDPs in safety and dignity. The Government took steps during the year
to rehabilitate existing collective centers, purchase or build new
housing, or offer cash payments in lieu of providing housing to IDPs
from the early 1990s and 2008 conflicts. The Government made
substantial progress on providing housing to IDPs and moved from a
reactive approach (getting as much housing built as quickly as
possible) to a long-term solution approach (providing durable solutions
to IDPs from both conflicts). Most IDPs, primarily those displaced in
conflicts in the 1990s, nonetheless continued to endure inadequate
living conditions. These were often in dilapidated collective centers
occupied in irregular fashion at the time of displacement, which often
fail to meet minimum standards for shelter and sanitation, and with
insufficient access to services and economic opportunity.
NGOs and international organizations such as the UNHCR and the UN
criticized a series of IDP evictions from Tbilisi between June and
August. On August 20, the UNHCR and others raised concerns about the
transparency of the process. The PDO raised concerns about the
conditions of the alternative housing provided. On September 17, the
representative of the UN secretary general for the human Rights of
IDPs, Walter Kaelin, said that while the action plan for IDPs was
generally sound, more needed to be done to provide for livelihoods and
social support, especially for IDPs relocated from temporary
accommodations. He cited the summer's IDP evictions as a matter of
particular concern but welcomed the Government's willingness to work
with the UNHCR and the international community to create eviction
procedures that would provide for sufficient notice and support before
removals took place. Authorities completed eviction procedures at the
end of September, and they were approved by the Ministry for IDPs from
the Occupied Territories, Refugees, and Accommodation and by the UNHCR.
In November the PDO released Report on the Human Rights Situation
of Internally Displaced Persons and Conflict-Affected Individuals in
Georgia. The report found that the country's laws and regulations on
IDPs ``do not contradict'' international standards, and praised the
State Strategy as consistent with international norms. However, the
report noted problems in the implementation of the strategy, including
lack of sufficient communication between the Ministry for IDPs from the
Occupied Territories, Refugees, and Accommodations and the IDPs,
insufficient participation of civil society, and inadequate
coordination within the Government in providing housing solutions for
IDPs.
On May 27, the ECHR ruled that former ministry of internal affairs
official, Batalbi Saghinadze, an IDP from Abkhazia living outside of
Tbilisi since 1994, had been unlawfully deprived of the right to use
the residence from which he was evicted in 2004 by the Ministry of
Internal Affairs, which previously owned it (see section 1.e.).
Abkhaz de facto authorities continued to prevent repatriation of
the approximately 235,000 persons displaced by the 1992-93 war, despite
their 1994 agreement with Georgia, Russia, and the UNHCR, which called
for the safe, secure, and voluntary return of IDPs who fled during the
war. Approximately 45,000 IDPs, many working as seasonal laborers, have
returned to the Gali region of Abkhazia, but Abkhaz de facto
authorities refused to allow the return of IDPs to other regions of
Abkhazia. A property law prevented IDPs living elsewhere in Georgia
from reclaiming homes in Abkhazia, especially outside Gali.
On September 7, the UN General Assembly passed a resolution calling
for the voluntary, safe, and dignified return of IDPs to and from
Abkhazia and South Ossetia; the right of IDPs to the property they left
behind in the occupied territories; and the prohibition of a forced
demographic change in the regions.

Protection of Refugees.--The law provides for the granting of
asylum or refugee status, and the Government has established a system
for providing protection to refugees.
UNHCR reported that in June the permanent Martkopi Reception Center
for Asylum Seekers officially opened on the outskirts of Tbilisi to
improve the overall asylum system and to bring it closer to
international standards of protection for asylum seekers. On June 15,
the European Commission against Racism and Intolerance (ECRI) reported
the Government granted two refugees residence permits and travel
documents for travel outside the country. The UNHCR reported that the
refugee population during the year was 693; 44 persons sought asylum
during the year.
In practice the Government provided some protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion. There were no reports of such returns during the year.
In a 2008 report, the UNHCR expressed concern that law did not
fully provide for such rights and recommended additional legislation
and procedural safeguards, training for border guards, and a mechanism
to speed referral of asylum seekers. During the year the UNHCR observed
cases in which asylum seekers were referred to the Ministry for IDPs
from the Occupied Territories, Refugees, and Accommodations by border
guards, and noted improved cooperation on training issues.
On June 15, ECRI reported an improvement in relations between
police and Chechen refugees in the Pankisi valley area. During the year
the UNHCR declared its mandate fulfilled with respect to the permanent
settlement of the Chechen refugee population in the Pankisi valley and
closed its suboffice for the region on December 31.
The Russian soldiers who defected to Georgia from South Ossetia in
June and December 2009 remained in the country with protected status as
asylum seekers at year's end. In both case the Government assisted the
asylum applicants with temporary protection while they initiated the
process of applying for asylum in the country. Neither asylum case was
resolved by year's end.

Stateless Persons.--The law provides citizenship at birth if one or
both parents are citizens. It also gives citizenship to children of
stateless individuals born on the country's territory. Article 26 of
the Law on Citizenship provides that an adult may become a citizen by
satisfying the following requirements: (a) has been permanently
residing on the country's territory during the previous five years; (b)
knows the state language; (c) is familiar with its history and laws;
(d) has a job or owns real estate on the country's territory, realizes
business or owns shares in a Georgian company or industry. However, a
person seeking naturalization is expected first to give up any previous
citizenship.
According to December government statistics, a total of 1,987
legally stateless persons were identified and registered by the
authorities. The UNHCR recorded 1,826. Nevertheless, due to delays in
issuing birth certificates and other documentation problems (especially
among minority communities), the actual number of stateless persons in
the country was likely higher. Among those registered as stateless,
documentation was poor. The number of registered stateless persons may
include Chechens, who volunteered for repatriation to Russia but were
rejected because they were never registered in Russia and did not have
documented Georgian citizenship. This confusion was compounded for
persons who lived in the occupied territories.
Children lacking birth certificates were unable to participate in
social aid or educational programs. Often children were not registered
because their parents had no documentation. In 2008 the Civil Registry
Agency (CRA) launched an intensive registration project in Kvemo Kartli
to register juveniles and family members who lacked identification
documents. Since 2008 approximately 11,000 persons, living in 10
regions throughout the country, were identified through a UNHCR program
(implemented by an NGO, the Legal Development and Consultation Group,
in close collaboration with the CRA) as lacking necessary
documentation. To date over 60 percent of these have received free
legal aid, assistance in obtaining documentation to establish their
birth, confirmation of their right to Georgian citizenship, and finally
receipt of identity papers.
In May 2009 the CRA opened new offices in Khvelvachauri and Poti.
Two agency offices in Senaki and Gori were restored and refurbished,
which (as with all the other agency territorial offices) provided for
IDP registration as well as registration and documentation of IDPs
lacking documentation due to the destruction of the national archives
on the South Ossetian side of the administrative boundary. In 2008 the
CRA counted 2,500 IDPs without documentation, out of which
approximately 1,700 were assisted through the NGO Legal Development and
Consultations Group and the agency. The 2002 census, the latest,
reported the number of Roma at 472. Many Romani IDPs from Abkhazia were
not entitled to IDP social assistance because they had no documentation
to prove their status. CRA officials stated that Roma with out-of-date
Soviet passports had no difficulty applying for and receiving Georgian
documents but noted that Roma were often reluctant to file official
applications for documents.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully; however, the Government's record in the
most recent national elections was mixed. The OSCE/ODHIR noted progress
but also significant shortcomings in the May 30 municipal elections.
On October 15, parliament approved a number of amendments to the
constitution including provisions that shift some political powers from
the president to the prime minister in 2013. The Council of Europe's
Venice Commission considered the October 15 constitutional amendments
to contain ``several important improvements'' but concluded that it
would be desirable to strengthen the powers of parliament further. The
commission also viewed the no confidence procedures as a potential
source of instability due to the time frame and potentially cumbersome
process. Some civil society activists, opposition leaders, and others
had urged the parliament to extend the period for public debate and for
parliament's consideration of Venice Commission recommendations.

Elections and Political Participation.--According to the OSCE/ODIHR
election observation mission, the May 30 municipal elections marked
evident progress towards meeting OSCE and Council of Europe
commitments. However, significant remaining shortcomings included
deficiencies in the legal framework, its implementation, an uneven
playing field for candidates, and isolated cases of election-day fraud.
The May elections included the first direct elections of the
Tbilisi mayor. In its final report on the election released on
September 13, the OSCE/ODIHR mission noted improvements, including in
the management of the election administration and in efforts to enhance
the quality of voters' lists. The ODIHR assessed voting positively in
96 percent of polling stations visited by observers; however, regional
variations pointed to systemic problems in some areas. Observers also
reported a variety of procedural violations including 13 instances of
likely ballot box stuffing as well as cases of multiple voting, proxy
voting, and a series of seemingly identical signatures of voters on
voters' lists. The observers also noted procedural violations in one-
fifth of the vote counts and one-fourth of the vote tabulations they
monitored. The most widely observed procedural violations related to
inking.
Despite reforms enacted in 2009, the OSCE/ODIHR final report also
found that inadequacies remained in the electoral code including:
limitations on candidacy and voting rights; an election system that
does not guarantee the equality of the vote; provisions that allow
unlimited campaigning by certain public officials and the use of
administrative resources for campaign purposes; and a number of gaps,
inconsistencies, and contradictions.
The OSCE/ODIHR mission received allegations of violations from
opposition parties and nongovernmental organizations, including reports
of pressure on opposition candidates to withdraw. The mission found
that 4.5 percent of candidates running for majoritarian seats withdrew
after registering, although the reasons for their withdrawals were not
reported.
One case reported by NGOs, including GYLA and TI/Georgia, involved
the governor of Samegrelo-Zemo Svaneti and the district chief executive
of Mestia. On the night of May 3, the governor and the district chief
reportedly ordered police to assemble opposition candidates forcibly
and bring them to the city administration building. Once inside the
building, the governor allegedly pressed the opposition candidates to
withdraw from the elections. Four candidates reportedly signed
withdrawal documents that night. The Government's Interagency Task
Force for the elections recommended that the governor take a leave of
absence from his office, which he did, but he returned soon after the
May 30 elections. As of year's end the local prosecutor's office had
not filed criminal charges, and an investigation by the office remained
underway. In late October the district chief executive resigned from
his position.
An observer from the NGO Public Movement Multinational Georgia
(PMMG) took a video of precinct election commission officials stuffing
the ballot box in the city of Akhalkalaki; the Central Election
Commission annulled the results from the precinct. The chairman of the
precinct was charged with election fraud on July 10 and pled guilty.
On June 18, a precinct chairman in Sagarejo, Asan Isakhan Ogli
Abdulaev, was charged with breach of ballot secrecy; he pled guilty.
Also on June 18, two members of Precinct No. Three in Batumi were
charged with illegal interference in an election using violence or
threat of violence; they allegedly physically assaulted an election
observer; the case continued at year's end. On June 23, Nanuli
Chkhikvishvili was charged with election fraud for changing an election
protocol; Chkhikvishvili pled guilty. On July 11, Bukhuti Chkhaidze, a
police officer in Guria, was charged with illegal interference in an
election and suspended from his position. He allegedly pressured a
local opposition candidate to withdraw on April 7.
The OSCE/ODIHR election observation report also noted that the
distinction between the state and the ruling party was sometimes
blurred and that there was not always a clear distinction between the
official and party functions of public officials. Previous OSCE/ODIHR
election reports also highlighted these concerns.
NGOs reported that government employees were pressured by their
supervisors to vote for, and donate to, the ruling party with the
implied understanding that failure to do so might result in a loss of
employment. The OSCE's final report noted that opposition parties made
the same allegation. The OSCE also reported a number of allegations
that businesses were reluctant to donate to some opposition parties due
to fear of negative consequences.
According to TI/Georgia's final report on the use of administrative
resources during the municipal elections (released July 14), in the 31
municipalities that provided information, over 1,300 employees were on
leave in April and May, presumably to work on the Government's election
campaign. The OSCE reported allegations that municipal offices in
several places were understaffed during the month before the elections
due to ``mass leave-taking.''
Presidential and parliamentary elections were held in January 2008
and in May 2008, respectively. The OSCE's final report on the
presidential election concluded that authorities and other political
stakeholders made significant efforts to conduct the 2008 parliamentary
elections in a way that was consistent with OSCE and Council of Europe
commitments; it noted that, while the election was consistent with most
OSCE and Council of Europe standards and presented the first genuinely
competitive post independence presidential election, implementation was
uneven and incomplete. The campaign was overshadowed by allegations of
intimidation and pressure. The distinction between state activities and
the ruling party campaign of the ruling party incumbent candidate
Mikheil Saakashvili was blurred. The election was marred by other
shortcomings in the election process, most notably in the counting and
tabulation of the results, the appeals procedures, and management of
election complaints.
The OSCE assessed that authorities and other political stakeholders
made significant efforts to conduct the 2008 parliamentary elections in
line with OSCE and Council of Europe commitments; however, according to
the OSCE, a number of problems made this implementation uneven and
incomplete. The OSCE report again noted shortcomings in vote counting,
tabulation, and election complaints management. The OSCE also reported
widespread allegations of intimidation and pressure on opposition
activists, public-sector employees, and others, in the presidential and
parliamentary elections. There also were credible allegations that
businesses were pressured to contribute to the ruling party.
The OSCE's report noted that the election campaign was conducted in
a highly polarized environment, compounded by reports of widespread
intimidation. The OSCE examined a series of postelection beatings and
other violence involving masked men, who attacked a total of 13
opposition activists, many of whom were in the process of taking legal
action against alleged election-related irregularities. The OSCE
visited seven of the 13 individuals and confirmed that they had been
attacked. It noted that some opposition leaders accused the authorities
and the ruling party of responsibility for the postelection attacks.
The public defender also issued a statement criticizing the attacks and
noted that a number of individuals who had been attacked refused to
identify themselves due to fear of reprisal.
At year's end no progress was reported, and none was expected, in
investigating alleged attacks by unknown assailants on members of the
political opposition before and after the 2008 presidential and
parliamentary elections. Opposition members accused the Government of
failing to make a genuine effort to identify, arrest, and try the
attackers, many of whom wore masks.
There were no government restrictions on political party formation
beyond registration requirements. However, an individual could not run
for office without party affiliation. According to the Ministry of
Justice's Registration and Licensing Department, there were 206
registered political parties during the year compared with 200 in 2009;
however, only approximately 10 parties were regularly active. During
the year persons and members of organizations linked to the opposition
asserted that they were unduly singled out for prosecution (see
sections 1.d. and 1.e.).
There were no developments in the Ministry of Internal Affairs
investigation into the August 2009 kidnapping and wounding of well-
known karate and wrestling champion Amiran Bitsadze by unknown
assailants. Bitsadze, a member of the nonparliamentary opposition party
Democratic Movement-United Georgia (DMUG), was found alive with two
bullet-like wounds on his back, a broken leg, and a broken arm. The
DMUG claimed that the motivation for the attack was Bitsadze's
affiliation with the party. According to the Ministry of Internal
Affairs, an investigation continued at year's end.
There were eight women in the 150-seat parliament. One of the seven
vice speakers was a woman, as was the chair of the parliament's
procedural committee. There were three women in the cabinet and six on
the Supreme Court.
There were five members of ethnic minority groups in parliament:
two ethnic Armenians and three ethnic Azeris. There were two members of
minorities in the cabinet. There were no members of minorities in the
Supreme Court. By law the number of seats held by ethnic minorities in
municipal councils was commensurate with the ethnic population in each
region of the country. Higher-level city managers included ethnic
minority leaders among their ranks.
According to the final OSCE/ODIHR report on the May elections,
women were underrepresented in leadership positions in the election
administration as well as among the candidates for and members of city
councils. However, they were well represented in lower-level election
commissions. The OSCE/ODIHR mission found that many parties put forward
candidates belonging to national minorities and that election materials
were made available in minority languages, but not in all areas
inhabited by minorities.
The de facto authorities in Abkhazia continued to restrict the
rights of citizens to vote and to participate in the political process
through a ``citizenship'' law that forced ethnic Georgians to give up
their Georgian citizenship to vote in regional elections. Even those
ethnic Georgians willing to apply for Abkhaz ``passports'' generally
did not receive them because of extensive delays and were, therefore,
unable to participate. Ethnic Georgians in South Ossetia were also
required to accept a South Ossetian ``passport'' and ``citizenship'' to
participate fully in political life.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption. The
Government implemented these laws effectively against low-level
corruption, which decreased because of high-profile reforms led by the
president. Additionally, some internationally respected organizations
indicated that Georgia made progress in this regard, but some NGOs
alleged that senior-level officials engaged in corruption with
impunity. The World Bank's worldwide governance indicators reflected
that corruption was a problem.
There was a general consensus among public officials and civil
society organizations that levels of petty corruption fell after the
2003 Rose Revolution. Observers attributed the improvement to the
detention of corrupt public officials, increases in public servants'
salaries, and the simplification of administrative procedures.
Several high-ranking officials were indicted on corruption charges
during the year.
Police corruption was low at the patrol police level. The
relatively high salaries for police officers provided an incentive to
refrain from using their positions to extort money from citizens.
High-level corruption remained a concern. Observers considered the
official anticorruption campaign too heavily focused on prosecution as
opposed to prevention and unstructured rather than systemic and
participatory. Areas of concern included democratic institutions, civil
society involvement in the planning and execution of public policy,
property rights, and elite corruption. NGOs also raised concerns about
the Government's connection to business and, in particular, corruption
in the conduct of bids. There were such cases during the year.
On June 4, the president approved a new national anticorruption
strategy. TI/Georgia's report Monitoring Georgia's Anti-Corruption
Commitments noted that the weakest governance link was the insufficient
independence of the judiciary and the civil service. Judicial
independence was rated at 71 percent, although its rating was
significantly higher when discussing the legal framework than when
addressing its practical enforcement and public attitudes toward the
system. It also noted deficiencies in terms of the independence,
accountability and transparency of civil servants, which received a low
overall rating of 50 percent. This was mainly due to the lack of
effective mechanisms for enhancing civil service independence and
accountability (rated at 38 percent) and the lack of proper training of
civil servants (rated at 50 percent).
The Ministry of Justice took some action during the year to curb
bribery. According to the ministry, 146 investigations of passive
bribery were initiated, (146 persons were prosecuted and 117 convicted;
there were 43 investigations of active bribery (87 prosecuted and 67
convicted) and seven cases of trading in influence (three persons
prosecuted and convicted.) This compares with 2009's convictions:
accepting bribes, 40; giving bribes 47; and trading with influence,
three.
Two judges and one prosecutor were convicted during the year of
corruption-related charges. The Inspector General's Office of the
Ministry of Justice actively enforced internal ethics and disciplinary
rules in the Prosecution Service.
For the judiciary, addressing corruption and ensuring a cadre of
independent judges involved training, salary adjustments, pensions,
benefits, and improving basic work conditions. However, a May GYLA
report on the judiciary noted that there were no objective, transparent
criteria for determining bonuses for judges.
The law requires public officials to submit yearly declarations of
their own and family members' financial incomes and property for tax
inspection. The Bureau of Declarations received the financial
declarations, and the Prosecutor's Office under the Ministry of Justice
investigated government corruption cases.
On May 31, the Ministry of Justice's Inspector General Office
conducted a large scale anticorruption operation and arrested a judge
of the Tbilisi Court of Appeals, Dimitri Mchedlishvili, for allegedly
accepting a bribe of 5,000 lari ($2,825) in exchange for assisting a
defendant on a criminal case. During 2005-07, Mchedlishvili was the
Chief of the Judicial Disciplinary Proceedings Department at the High
Council of Justice. Also arrested was prosecutor Levan Bochorishvili,
who allegedly accepted bribes in the amount of 1,000 and 1,500 lari
($565 and $847) for entering into favorable plea agreements for
defendants.
On June 11, the Prosecutor General's Office arrested Elizbar
Lominadze, the general director of JSC Energy XXI, and Teimuraz
Zurmukhtashvili, the history archive director of the Central Archive of
Georgia. According to the Prosecutor's Office statement, a preliminary
investigation alleged that Lominadze accepted 180,000 lari ($101,695)
in bribes from various companies for concluding contracts with them in
the execution of a government-funded project. Zurmukhtashvili allegedly
acted as the contact person in arranging the bribes.
On September 16, Koka Pruidze, a former deputy minister of labor,
health, and social affairs, was arrested and charged with abuse of
official position and bribery. The Prosecutor's Office stated that in
2009 Pruidze used his official position to influence the ministry's
decision on a tender for the procurement of vaccine for a state-funded
vaccination program. The prosecution stated Pruidze received 25,000
lari ($14,124) in exchange for the tender in which the company offered
the vaccine for three times the regular price. The trial continued at
year's end.
In May a court convicted a prosecutor arrested in December 2009 and
charged with accepting a 2,000 lari ($1,130) bribe to secure a
favorable sentence for a defendant (see section 1.e.).
In 2007 Mikheil Kareli, the former governor of Shida Kartli region,
was charged with bribery and illegal business practices. He fled to
France to escape prosecution. The Government decided to try Kareli in
his absence, and the trial continued at year's end. In 2008 French
authorities arrested Kareli and continued reviewing the Government's
extradition request.
The law provides for public access to government meetings and
documents; however, the Government sometimes did not provide access.
Although the law states that a public agency shall release public
information immediately or no later than 10 days after it is requested,
the release of requested information could be delayed indefinitely, and
requests were sometimes ignored in practice. NGOs noted that a 100 lari
($56) fee for court information was restrictive and limited the ability
to request information. On May 3, many regional newspapers printed
blank front pages to raise awareness about problems in obtaining
information from government agencies.
On June 22, TI/Georgia reported the results of field tests of 52
Freedom of Information requests sent to 10 public agencies by four
different sets of volunteers between February and May. In 78.8 percent
of cases, public agencies provided satisfactory responses.
Unsatisfactory responses (21. 2 percent) included the absence of any
response, oral or written refusals without an acceptable reason,
incorrect referrals, and incomplete answers. None of the five requests
sent to various institutions for information about public officials'
bonuses received a satisfactory reply. The most responsive institutions
were the Chamber of Control, the Central Election Commission, the
Supreme Court, and parliament. The Prosecutor's Office was the least
responsive, replying to only one of four requests. Low response rates
were also observed at the Ministry of Defense (50 percent), Ministry of
Internal Affairs (50 percent), and Ministry of Justice (25 percent).
The type of requester (NGO, journalist, minority citizen, or
unaffiliated citizen) had no significant effect on the chances of
receiving an adequate response. There were violations of the maximum
timeframes within which the information should be provided according to
the law.
On July 21, parliament passed an amendment to the freedom of
information law restricting third-party access to information about
cases involving the Government in international courts. NGO Human
Rights Center reported that this was the first time the Government
restricted the country's freedom of information legislation since the
2003 Rose Revolution.
In Abkhazia criminals paid bribes to de facto police, prosecutors,
and judges to avoid prosecution.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Domestic and international human rights groups in most cases
operated without government restriction, investigating and publishing
their findings on human rights cases. Some NGOs enjoyed close
cooperation with the Government, and officials were cooperative and
responsive to their views; others complained of not having sufficient
access to government officials and the Government's failure to take
into account civil society views. Some NGOs also reported instances in
which authorities harassed their organization and staff.
The major human rights problems that caused tensions between the
Government and NGOs during the year were the alleged mistreatment of
prisoners, intimidation and use of government resources during the May
municipal elections, harassment of human rights defenders and
journalists, the conduct of IDP evictions, and a lack of investigatory
conclusions in reported cases against journalists, civil society
activists, and nonparliamentary opposition members.
In a January 15 statement, a coalition of 13 NGOs raised concerns
about a smear campaign allegedly being conducted against human rights
defenders. They reported that several negative stories about them were
broadcast in December 2009, including a report by the Georgian Public
Broadcaster about the activities of the NGO Human Rights Priority in
relation to IDPs conflict victims; a claim broadcast on Rustavi 2 that
the release of prisoners detained in South Ossetia was ``spoiled'' by
the Georgian Young Lawyer's Association; and a broadcast on Real
Television in which former ombudsman Sozar Subari was accused of
protecting only the rights of religious minorities during his time in
office.
The NGO Human Rights Center reported that on February 22, the
newspaper Versia (Version) accused the chairman of the PMMG, Arnold
Stepanian, of working with Russian intelligence services. The tax
inspection division of the Ministry of Finance closed Stepanian's
father's shop twice during the year for inspections, the second time
for more than six months. At a March 10 meeting with members of the
diplomatic community, NGOs raised concerns that the closures were part
of an effort to discredit and pressure human rights defenders,
particularly those working in ethnic minority areas, in the period
immediately prior to the May 30 municipal elections.
NGOs continued to view the PDO as the most objective of the
Government's human rights bodies. The constitutionally mandated office
monitored human rights conditions and investigated allegations of
abuse. The office generally operated without government interference
and was considered effective. The Government funded the PDO, which
received 1.5 million lari ($847,458) during the year.
On July 21, parliament granted the public defender the right to
make nonbinding recommendations to law enforcement agencies that they
investigate particular cases. Parliament also clarified the public
defender's obligation to submit an annual report to it on the human
rights situation for the calendar year instead of semiannually and
required government offices to respond to all requests for information
from the PDO within 10 days, rather than 15. The July 21 amendments
also permit the PDO to act as an amicus curiae, a professional person
or organization not a party to a particular case but permitted by the
court advise it on some matter of law that directly affects the case in
question. However, the PDO may no longer report on torture unless the
victim gives clear consent.
The de facto authorities in the occupied territories did not grant
the PDO access to those territories.
The public defender's most recent semiannual report, which covered
the second half of 2009, focused mainly on the mistreatment of inmates,
poor prison conditions, and other shortcomings in the criminal justice
system; these were problems which continued during the year. The report
noted that judges continued to fail to provide justifications for their
rulings and indicated that instances of police mistreatment of
detainees increased during the year.
During the year the PDO published several special reports,
including the 2009 National Preventive Mechanism Report and a report on
IDPs (see sections 1.c., 1.d., and 2.d.). The public defender also
submitted a constitutional complaint regarding legislation governing
freedom of assembly (see section 2.a.).
The public defender's authority does not include the power to
initiate prosecution or other legal actions, but he can recommend
action, and the Government must respond. The PDO noted that the Law on
the Public Defender does not explicitly authorize the NPM to use audio
and video equipment. Instead the NPM follows the regulations
established by each institution. The PDO noted that prisons and police
stations place certain restrictions on this activity.
In June 2009 police assaulted a representative from the PDO while
he was monitoring a nonparliamentary opposition protest (see section
2.b.). There were no developments in this case.
The parliamentary Committee on Human Rights and Civil Integration,
the Ministry of Internal Affairs' Human Rights Division, and the
National Security Council's human rights advisor had mandates to
investigate claims of abuse.
By law the prosecutor general is charged with protection of human
rights and fundamental freedoms. The Human Rights Unit at the Office of
Chief Prosecutor monitored overall prosecution and supervision of
compliance with national and international human rights standards. The
unit reviewed statistical and analytical activities within the
prosecution system and was responsible for considering and responding
to human rights recommendations of national and international human
rights institutions.
De facto authorities in Abkhazia allowed some international
organizations, including several UN agencies, to operate there on a
limited basis, but only the ICRC had a specific human rights mandate.
De facto authorities in South Ossetia allowed no international
organization except the ICRC to operate there on a regular basis, but a
few organizations, including the Council of Europe and the OSCE, gained
extremely restricted access on an occasional basis, also without a
human rights mandate.
The EUMM facilitated conflict resolution (including conflicts
involving human rights problems) among Georgian, Russian, and de facto
authorities in the occupied regions by regularly patrolling near the
conflict areas and facilitating informal contacts among the sides.
However, despite the 2008 ceasefire agreement's provisions, the EUMM
was denied access to the occupied regions. Patrols could be conducted
only on the undisputed Georgian side of the administrative boundary
lines.
On October 28, South Ossetian de facto authorities participated in
a meeting on incident prevention and response mechanisms (IPRM) for the
first time after a one-year boycott. The Abkhazia IPRM met throughout
the year. The Geneva Discussions, which were mandated by the 2008
ceasefire, established one IPRM meeting for each conflict area to
facilitate practical and depoliticized discussions of the situation on
the ground.
Section 6 Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, religion, disability, language, or social status; however, the
Government did not always enforce these prohibitions effectively.

Women.--Rape is illegal, but spousal rape is not specifically
addressed by criminal law. Criminal cases of rape generally could be
initiated only after a complaint by the victim. A first-time offender
may be imprisoned for up to seven years; a repeat offender or
perpetrator against multiple victims may receive up to 10 years'
imprisonment. If the victim is, or becomes, pregnant, contracts HIV/
AIDS, or is subjected to extreme violence, the sentence may be
increased to 15 years or, if the victim is a minor, up to 20 years.
During the year investigations were initiated in 118 rape cases
compared with 136 in the first 11 months of 2009. Observers believed
many instances of rape were unreported due to the social stigma for
victims and because police did not always investigate reports of rape.
Domestic and other violence against women was a problem. Cases were
underreported. According to statistics from the Ministry of Internal
Affairs, 2,991 domestic violence cases were reported to the police
during the year compared with 1,331 cases in 2009 and 2,576 in 2008.
Domestic violence is an administrative crime legally defined as a
violation of the constitutional rights and liberties of one member of a
family by another through physical, psychological, economic, or sexual
violence or coercion; however, domestic violence is not specifically
criminalized. Authorities prosecuted perpetrators of domestic violence
under existing criminal provisions, such as battery or rape.
The law allows victims to seek immediate protective orders from
courts against abusers, and it authorizes police to issue temporary
restrictive orders against persons suspected of abusing a family
member. However, restrictive orders were issued in only 182 cases of
domestic violence during the year, compared with 176 cases in 2009, and
141 in 2008. The NGO GYLA reported that police did not use restrictive
orders during domestic violence calls. A court should approve a
restrictive order within 24 hours of a victim's application. It
prohibits the abuser from coming within 100 meters (310 feet) of the
victim and forbids the perpetrator to use common property, such as a
residence or vehicle, for six months. The victim may request an
unlimited number of extensions of the protective order. A violation of
a restrictive order results in an administrative fine.
The Ministry of Internal Affairs developed a legally required form
for police use when issuing restrictive orders; however, some NGOs
reported that many police officials did not respond correctly to
domestic violence calls and were poorly trained in the use of the
national referral system for victims. During the year Tbilisi police
patrol inspectors, regional police officers, and prosecutors received
domestic violence-related training as did police officers in eight
other cities.
The law exempts the payment of state duty on court cases related to
protection of and assistance to domestic violence victims; allows a
court, either on its own initiative or by request of a party, to hold
closed sessions in domestic violence cases; allows a court to consider
separation of a child from a violent parent; and limits access to
firearms by a domestic violence offender.
Local NGOs and the Government jointly operated a hotline and
shelters for abused women, although space in shelters was limited. In
October the Government opened two new state-funded shelters and
launched a new national, state-funded domestic violence hotline.
Shelters also include crisis centers which also offer domestic violence
victims psychological, medical, and legal assistance. The State Fund,
an interagency government department that works with NGOs on gender-
based issues, reported that during the year 112 consultations were
conducted by telephone or in person. The State Fund reported that the
shelters hosted 18 women and 16 minor children during the year.
During the year the Interagency Council on gender-based issues,
including government agencies and NGOs, initiated a public awareness
campaign, including the publicizing of the new domestic violence
hotline; coordinated domestic violence training in partnership with the
Prosecution Service and Police; and opened two state-run domestic
violence shelters.
Kidnapping of women for marriage occurred but was not widespread.
It occurred predominantly in ethnic minority areas and communities.
Such kidnappings reportedly often were arranged elopements. Police
rarely took action in these cases, although the law criminalizes
kidnapping.
Sexual harassment and violence against women in the workplace were
problems. NGOs stated that discrimination against women in the
workplace existed, but instances were not reported. The law prohibits
sexual harassment; however, the Government did not effectively enforce
the law, and authorities rarely investigated complaints. During the
year investigations were initiated in 25 cases related to sexual
harassment.
Couples and individuals have the legal right to decide freely the
number, spacing, and timing of their children. Information was
accessible so families and individuals could make reproductive
decisions free from discrimination, coercion, or violence. According to
data from the UN Population Fund (UNFPA) for 2008, the latest
available, 47 percent of women used some form of contraception.
The maternal mortality ratio, according to UNFPA statistics, was 48
deaths per 100,000 live births in 2008. According to data from the
World Bank and the Population Reference Bureau, 98 percent of births
were attended by skilled professionals. In 94 percent of cases, women
had at least one prenatal visit. Indicators noted 16 percent of women
reported an unmet need for family planning, but there was no further
detail. Women and men were equally treated and diagnosed for
transmitted infections, including HIV. However, patriarchal norms,
based on cultural, historical, and socioeconomic factors, in some cases
limited women's reproductive rights.
The law provides for the equality of men and women; however, the
law was not always implemented in practice. On March 27, parliament
passed a Gender Equality Law that went into effect immediately.
According to the UN Development Fund for Women, the legislation
provides for the establishment of a national women's council,
enhancement of women's security, equality in the labor market, and
strengthening of women's political participation. The law also
introduces gender-responsive planning and budgeting on the part of the
Government. NGOs complained about the lack of implementation since the
law's passage in March. During the year the Government released the
law's definition guidelines.
The speaker of parliament continued to chair a Gender Equity
Advisory Council, which included members of parliament as well as
representatives from the executive branch, the PDO, and NGOs. The State
Commission on Gender Equity, chaired at the deputy state minister
level, prepared recommendations on the implementation of international
agreements and conventions on gender equity. The PDO monitored gender
equality cases.
The labor code does not protect pregnant women from being dismissed
from work while they are on maternity leave. According to the UN
Development Program, employers frequently withheld benefits for
pregnancy and childbirth.
Although some observers noted continuing improvement in women's
access to the labor market, women remained primarily confined to low-
paying and low-skilled positions, regardless of their professional and
academic qualifications, and salaries for women lagged behind those for
men. According to the World Economic Forum's Global Gender Gap Report
for the year, women in the country earned 78 percent as much as men
engaged in similar work. As a result, many women sought employment
abroad.
According to World Bank statistics, the ratio of female to male
enrollment in primary, secondary, and tertiary schools was nearly
equal. The share of women employed in the nonagricultural was almost 49
percent.

Children.--The law provides for acquisition of citizenship by birth
on the country's territory. It applies to children of stateless
individuals. According to statistics from the UN Children's Fund
(UNICEF), 92 percent of births were registered.
The 2002 census, the latest, put the Romani population in Georgia
at approximately 472 (less than 1 percent of the population). Romani
children were usually born at home, and their parents frequently did
not register their births with the Government. Since official
identification is required to receive medical treatment and other
public services, the lack of identification and the reluctance of
parents to apply for such services could deprive Romani children of
access to medical and other services.
Education was officially free through high school, but in practice,
particularly in rural areas, many parents were obliged to contribute to
the schools financially to keep them functioning. The quality of
education fluctuated greatly between urban and rural areas and between
Tbilisi and the regions. The quality of education in the occupied
regions of Abkhazia and South Ossetia, outside of the Government's
control, was reportedly poor. In rural areas, school facilities were
often inadequate and lacked heating, libraries, and blackboards.
Despite legal prohibitions, local residents and international
organizations reported that schools in the ethnic Georgian region of
Gali in Abkhazia were generally allowed to provide instruction in the
Georgian language, except for certain subjects, such as history and
geography, which had to be taught in Russian or Abkhaz. However, the de
facto authorities did not provide funding for teachers of Georgian, and
local communities had either to pay for teachers themselves, make
arrangements for teachers to cross from undisputed Georgia to teach, or
send their children from Abkhazia for Georgian-language lessons. An
increasingly strict boundary regime imposed by Russian border guards
made the latter two alternatives more and more difficult. There were
reports of Russian border guards detaining children attempting to cross
the boundary for language lessons.
There were some reports of child abuse, particularly of street
children, although there was no societal pattern of such abuse.
Incidents of sexual exploitation of children, particularly girls, were
reported. According to the Ministry of Justice, 11 cases of rape, five
cases of sexual abuse involving violence, and one case of coercion into
sexual acts involving minors were reported during the year.
On May 31, the Child Referral Mechanism was initiated with the
purpose of providing that children suffering from abuse are referred to
the relevant community and state services by coordinating the work of
multiple interested parties, including the police, schools, and social
services agencies. According to the PDO, 33 cases of physical abuse of
children, 14 cases of neglect, and 38 cases of emotional abuse were
reported during the year.
Commercial sexual exploitation of children and child pornography
are punishable by up to three years' imprisonment. Street children and
children living in orphanages were reportedly particularly vulnerable
to exploitation. According to the Ministry of Internal Affairs, the
number of cases was very small.
There is an explicit statutory rape provision that makes rape a
criminal offense if the victim is a juvenile. Other sexual crimes carry
increased levels of punishment if the victim is a juvenile. Another
article in the criminal code prohibits sexual intercourse with
juveniles under the age of 16, provided the perpetrator is shown to be
aware of the age of the victim. In such cases the penalty is a fine
and/or incarceration for up to three years.
The number of street children was not considered to be high and has
been decreasing yearly. Difficult economic conditions contributed to
the problem. A study covering the period 2007-08 by the NGO Save the
Children indicated that approximately 1,500 children lived and worked
in the streets. The Ministry of Labor, Health, and Social Affairs
operated a shelter in Tbilisi and, according to the PDO, hosted 70
children during the year; but the Government took little other action
to assist street children. The PDO reported a lack of information about
street children and inadequate resources were devoted to them. The NGO
Child and Environment operated a night center and three day centers
during the year and provided support to 350 street children per day
countrywide. Nevertheless, the two shelters could accommodate only a
small number of the street children.
There were unconfirmed reports that police harassed street
children, but the patrol police routinely transferred street children
to 24-hour care centers. These centers lacked resources for treatment
and rehabilitation of children, many of whom were substance abusers or
suffered from mental disorders.
The conflicts in Abkhazia and South Ossetia displaced thousands of
children; the numbers increased further because of the 2008 conflict
with Russia (see section 2.d.). Even before the conflict, UNICEF
reported that health services in both regions were scant, immunization
rates were lower than elsewhere in the country, schools were
deteriorating, and malnutrition was a serious problem.
Many orphanages were unable to provide adequate food, clothing,
education, medical care, or facilities. They often lacked heat, water,
and electricity. Staff members reportedly often diverted money and
supplies to their personal use. The Government approved a policy of
deinstitutionalizing children, and, according to government statistics,
the number of institutionalized children decreased from 5,000 in 2000
to 1,102 during the year. In February the Ministry of Labor, Health,
and Social Affairs began rehabilitating the remaining 24 orphanages.
During the year this process included completing assessments of staff
and conducting staff training on proper childcare.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--The Jewish community did not report any acts of
anti-Semitism during the year.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The constitution and law prohibits
discrimination against persons with physical, sensory, intellectual,
and mental disabilities in employment, education, access to health
care, or the provision of other state services or other areas; however,
the Government was not effective in enforcing these provisions.
Enforcement was a low priority for the Government. Discrimination,
including social discrimination, against persons with disabilities was
a problem.
During the year 138,614 persons with disabilities were registered
compared with 139,354 in 2009. This number included 10,134 children,
compared with 8,034 in 2009. These numbers included only those
officially registered; the actual number could be higher.
The law mandates access to buildings for persons with disabilities
and stipulates fines for noncompliance. However, very few public
facilities or buildings were accessible, although notably the newly
constructed presidential residence and the Ministry of Internal Affairs
building were. During the May 30 elections, ballots in Braille were
available for voters with visual disabilities.
The CPT noted in a September 21 report that at the institution for
persons with mental and physical disabilities in Dzevri, there were no
allegations of mistreatment of residents by staff, and that it had a
generally positive impression of residents' living conditions.
In the 2009 National Preventive Mechanism Report (released during
the year), the PDO drew the same conclusions as the CPT. The PDO noted,
however, that living conditions were poor, including poor ventilation;
lack of heat; lack of access to hygiene products, and poor nutrition.
Patients who were admitted voluntarily were not allowed to leave of
their own free will.
The Ministry of Labor, Health, and Social Affairs was the lead
government agency responsible for policy regarding persons with
disabilities. Other ministries were also involved, including the
Ministry of Education and Science, which has an inclusive education
program, and the Ministry of Sport and Youth Affairs, which runs the
Special Olympics program. The PDO monitors the treatment of persons
with disabilities through its Center for Disability Rights.
The Government took some steps to address the needs of persons with
disabilities. On December 3, the International Day of Persons with
Disabilities, a forum was held in Tbilisi to raise public awareness on
the problems and needs of persons with disabilities. In December 2009
the Government approved a national action plan for activities for
persons with disabilities, mandating clearly increased budgets and
diversified activities across many ministries. The national action plan
prioritizes disability classification, access to information,
healthcare, access to buildings, education, habilitation and
rehabilitation, employment, culture and sports, social protection,
data, and legislative improvement. During the year work on the
following elements of the action began, including revision of
disability classification, creation of a new data system for persons
with disabilities, and creation of an inclusive education program.
State agencies provided protected work places for persons with
disabilities, including the civil registry that employs dozens of
persons with disabilities who work from home.
There were nine major committees in the country that evaluated
children and assisted with their inclusion, or integration, in schools;
approximately 200 schools became inclusive during the year by providing
access ramps and other facilities and specialized teachers with
individual approaches to teaching and assessment. During the year
standards for day care centers for children with disabilities were
developed. All existing day care centers were evaluated based on these
standards, and state vouchers were granted to individuals with
disabilities, permitting them to be enrolled in quality daycare
facilities.

National/Racial/Ethnic Minorities.--The law requires that all
government officials speak Georgian, the state language; some
minorities claimed this excluded them from participating in government.
Some government materials distributed to the public were only available
in the Georgian language. Authorities asserted the Government was not
obliged to provide all official materials in minority languages.
However, ballots and election materials were available in minority
languages during the May 30 municipal elections and the 2008
presidential and parliamentary elections. According to the Ministry of
Reintegration, it translated all major legislative acts into Armenian,
Azeri, and Russian. The Ministry of Education reported that it provided
textbooks translated into Armenian, Azeri, and Russian in schools in
minority regions and Tbilisi.
The Ministry of Education provided university textbooks in minority
languages. Students were able to take university entrance exams in
minority languages. Students were also able to take advantage of a new
``one-plus-four program,'' in which the Government offered and funded
one year of intensive Georgian language instruction and four years of
university education to students who passed the entrance examinations
in minority languages. A quota system required that a minimum of 10
percent of all national university seats be allocated to Armenian and
Azeri-speaking students who passed the entrance exams. According to
government statistics issued during the year, 124 Armenian and 175
Azeri speakers were admitted to the public universities through the
quota system. This only represented 1.3 percent of the seats available.
Ethnic Georgians living in the Gali region of Abkhazia had no legal
access to education in the Georgian language. In practice, however,
instruction in Georgian did occur, but with limitations (see section
5). Teachers who did not speak Abkhaz instructed students in Georgian;
however, such teachers were often subjected to harassment and
prosecution by Abkhaz de facto authorities.
On February 4, the Ministry of Internal Affairs and the PDO signed
a memorandum of cooperation under the Government's National Concept and
Action Plan and Civil Integration. Under this memorandum on February
11, the PDO gave a lecture at the police academy on ethnic and
religious minorities.
Many inhabitants of the municipalities of Akhalkalaki and
Ninotsminda, whose populations are predominately ethnic Armenians,
complained about government unwillingness to give provincial-language
status to the Armenian language, since very few persons there spoke
Georgian or were able to conduct daily affairs in Georgian. However,
many NGOs in the region stated that they saw an improvement during the
year in the number of opportunities for Georgian-language instruction
and in the quality of the classes. Ethnic Azeris in the predominately
Azeri-speaking region of Kvemo Kartli made similar complaints.
An NGO in Armenia raised concerns that Vahagn Chakhalian and his
relatives had been targeted for prosecution because of his political
activity in the country's ethnic Armenian community. The NGO
highlighted the timing of the arrest (two years after the alleged
incident) and asserted that violations had occurred during the trial.
There was also an allegation that Chakhalian was beaten in prison
during the year (see section 1.c.). In 2008 Vahagn Chakhalian, Armen
Chakhalian, and Ruben Chakhalian, at least one of whom was a member of
United Javakh, a local NGO that called for autonomy for ethnic
Armenians in the country, were arrested and charged with violating
public order, resisting arrest, threatening law enforcement officers,
and illegally possessing firearms during an alleged 2006 break-in. In
April 2009 Vahagn Chakhalian was found guilty by the Akhalkalaki
District Court on six of 12 charges brought by the public prosecutor.
He was convicted of organizing a riot directed against the public
order, hooliganism, and the illegal purchase and possession of firearms
and sentenced to 10 years in prison. Ruben Chakhalian was convicted of
two of four charges, organizing a riot directed against public order
and the illegal purchase and possession of firearms. He was fined 5,000
lari ($2,960). Armen Chakhalian was found guilty of the illegal
purchase and possession of firearms and was fined 2,000 lari ($1,180).
A fourth person, Aram Batoian, was charged with organizing group
activities that violated public order and the illegal purchase and
possession of firearms; there was no update at year's end.
Ethnic Armenians, Azeris, Greeks, Abkhaz, Ossetians, and Russians
usually communicate in their native languages or in Russian in the
areas where they are the dominant ethnic groups. The law requires that
ethnic minority students learn Georgian as a second language, and the
Government funded more than 200 primary and secondary Russian-, Azeri-,
and Armenian-language schools for persons whose first language was not
Georgian. The Zurab Zhvania School of Public Administration in Kutaisi
provided courses specifically for students from minority areas. It also
facilitated integration of future public servants from minority areas
into Georgian society. In Tbilisi a large majority of ethnic minority
groups were able to communicate in Georgian in their daily interaction
with members of other linguistic groups.
The Government took several steps to integrate ethnic minority
communities through Georgian-language instruction, education,
involvement in political dialogue, and improved access to information.
The Government continued to provide Georgian-language instruction to
members of ethnic minorities serving in the armed forces and police, an
effort which ECRI noted in its report on June 15.
However, ECRI observed that the challenge persisted of integrating
these persons while allowing them to be educated in their mother
tongue. It also noted that the Government had developed projects to
teach tolerance and respect for other ethnic and religious groups among
students.
The law permits the repatriation of the Muslim Meskhetian
population, a national minority group that Stalin deported in 1944. The
legislation was a response to a 1999 commitment the country made to the
Council of Europe to provide for the resettlement of the Meskhetians by
2011. Passage of the law allowed the Government in 2008 to begin
accepting applications for repatriation from Meskhetians with documents
that confirmed their deportation. Passage of the law came under heavy
criticism from opposition members of parliament and the media, which
pointed to the delicate ethnic and demographic balance in areas once
inhabited by Meskhetians, but subsequently populated by a sizeable
ethnic Armenian community. On June 15, ECRI reported that Meskhetian
Turks still suffered from a certain level of hostility among some
segments of the country's population, especially those living in the
region once inhabited by the Meskhetians. More than 1,700 Meskhetians
had filed for repatriation by 2009. More than 150 returned unofficially
over the previous three years, quietly settling in Akhaltsikhe and
Abastumani. As of year's end, however, there were no official
repatriations.
ECRI reported that Roma appeared to suffer from widespread societal
prejudice and marginalization. While commending the CRA for registering
some ethnic minorities, including Roma, to provide them with
identification documents, ECRI noted that the Government needed to do
more to integrate fully all Roma. During the year the European Center
for Minority Issues estimated the Romani population at 1,500, with no
more than 300 in any one location. The 2002 census, the latest,
reported the number of Roma at 472. Roma were found principally in the
Tbilisi, Kutaisi, Kobuleti, Kakheti, and Sukhumi regions. Large numbers
of Roma migrated to Zugdidi and Tbilisi from Abkhazia, while additional
Muslim Roma arrived from Armenia and Azerbaijan. Internal seasonal
migration to the Black Sea coast was noted during the summer.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There are no laws that
criminalize sexual orientation, male-to-male sex, or female-to-female
sex. However, social prejudices against lesbian, gay, bisexual, and
transgender (LGBT) behavior were strong. The Georgian Orthodox Church
strongly denounced such behavior. Cases during the year included death
threats against an LGBT activist and the use of antihomosexual slogans
by a candidate in the municipal elections.
There were a few LGBT organizations. However, they could not work
exclusively on LGBT issues or work openly as LGBT organizations because
of the extensive societal stigma against homosexuality; instead they
promoted tolerance more broadly.
On April 8, threats were made against an LGBT activist by an
anonymous administrator of a Georgian language Facebook Web page
entitled ``Death to Homosexuals.'' The threats were of sufficient
concern that the Ministry of Internal Affairs and the Prosecutor's
Office opened an investigation. According to the Ministry of Justice,
the investigation continued at year's end. Facebook closed the Web page
of its own volition.
On May 25, the GYLA filed suit to suspend the candidacy of an
opposition candidate in the municipal elections for posting
antihomosexual messages on his Facebook Web pages. The NGO claimed that
the messages violated the election code which prohibits fostering
hatred and enmity. The Tbilisi City Court ruled against GYLA.
In August false rumors of a gay pride parade in Batumi sparked the
condemnation of the Georgian Orthodox Church, including a statement
from the patriarch on August 20, and led to protests in front of a
hotel where organizers were reportedly staying on August 25 and 26.
In December 2009 police searched the office of an NGO that promotes
LGBT equality. Reportedly, they used antihomosexual slurs, made
unnecessary strip searches, unnecessarily damaged organizational
posters, and unnecessarily ransacked offices. The Ministry of Internal
Affairs denied that any procedural violations took place and maintained
that the profile of the organization was irrelevant in terms of the
law. The ministry reported that its General Inspection Office gave one
officer a reprimand at the ``severe'' level in accordance with the
police code of ethics, as his actions were determined to be unethical
and inappropriate for police officers. Two other officers were also
given a reprimand at the ``severe'' level for not preventing the above-
mentioned officer from making the unethical statements.
The public defender stated his priorities included protection of
LGBT groups and individuals.

Other Societal Violence or Discrimination.--The law prohibits
discrimination against persons with HIV/AIDS; however, there is no
penalty for violating this prohibition. NGOs reported that social
stigma resulted in individuals avoiding testing and treatment. Some
health-care providers, particularly dentists, refused to provide
services to HIV-positive persons. Individuals often concealed their
HIV-positive status from employers for fear of losing their jobs.
Section 7. Worker Rights

a. The Right of Association.--The law allows all workers, including
government employees, to form and join independent unions of their
choice without previous authorization or excessive requirements, and
they did so in practice. However, the law restricts the right of
employees of law enforcement agencies, medical doctors, firemen,
personnel of the Prosecutor General's Office, and the employees of
certain ministries (for example, defense) to form and join unions and
to strike. Between 12 and 13 percent of the employed population was
unionized, a proportion that rose to more than 46 percent if persons
categorized as self-employed are excluded.
The principal association of unions is the Georgian Trade Union
Confederation (GTUC), which represents unions in 22 sectors with more
than 206,345 unionized workers. There were a few small unions for civil
servants, agricultural workers, and artists, but they did not
participate in the GTUC. Although many employees in large-scale
enterprises were unionized, they did not exercise power commensurate
with their large membership. Only a minority of the members were active
in the labor movement.
Government interference in union activity was reported in at least
one area. Some union representatives reported instances of government
harassment and intimidation. On June 8, according to the AFL-CIO,
Minister of Education Dimitri Shashkini met with regional heads for
schools and reportedly issued verbal orders that all school principals
refrain from transferring the trade union membership dues of their
teachers to their trade union, the Educators and Scientists Free Trade
Union of Georgia (ESFTUG). Subsequently, ESFTUG local presidents began
to collect trade union dues directly from union members. When the
minister learned of this action, he reportedly stated that any school
principal who allowed the collection of dues would be held legally
responsible. According to a November 30 ministry statement, school
administrations were required to have teachers' written consent, as
well as a contract signed between schools and trade unions, to transfer
membership fees to the union. The ESFTUG reported that it was not able
to collect dues consistently even when they have these forms.
The ESFTUG reported that Shashkini refused to meet and enter into
dialogue with the ESFTUG's new president, who was elected on October
30. The union also reported that so-called ``mandators,'' whom the
ministry hired directly during the year ostensibly to maintain school
security, far exceeded their stated mandate, and the ministry was using
them to assure that union dues were not collected. The mandators, who
were responsible only to the ministry, were reportedly filing official
incident reports following their investigations of complaints, that
ministry officials were then using as pretexts to dismiss teachers for
cause.
Labor unions asserted that certain provisions of the labor code
limited the mechanisms available to workers for the exercise of their
rights. At least 100 members are needed for a trade union to be
registered, a requirement considered unreasonable by the International
Labor Organization's Committee of Experts on the Application of
Conventions and Recommendations.
The AFL-CIO noted that the law permits a court to suspend the
activity of a trade union if the union stimulates social conflict, a
provision susceptible to being misapplied to suspend legitimate trade
union activity.
The law provides for the right to strike; however, according to
trade unions, it did not establish a coherent process for undertaking
strikes. Strikes were limited to 90 days in duration and were
permissible only in cases of conflict of rights, not conflict of
interests. Workers generally exercised their right to strike in
accordance with the labor code, but strikes were rare. The GTUC
asserted that the rarity of strikes was due to restrictive rules and
workers' fear of losing their jobs.

b. The Right to Organize and Bargain Collectively.--Collective
bargaining is recognized by law, and the law provides punishment for
those who refuse to take part in negotiations; however, the Government
did not always protect this right in practice. There were 104
collective agreements that covered approximately 50,000 members. The
PDO stated that one of the major deficiencies of the labor code was the
absence of a requirement that employers provide a reason to employees
in the event of termination of their employment.
The practice of collective bargaining was not widespread. Employers
are not obliged to engage in collective bargaining even if a trade
union or a group of employees wishes to do so.
The law prohibits employers from discriminating against union
members or union-organizing activities, and employers may be prosecuted
for violations and forced to reinstate employees and pay back wages.
However, the labor code allows employers to terminate employment at
will and without providing a reason, giving them the right to fire
employees on discriminatory grounds (that is, gender, political
affiliation, or other reasons) or for union activism. The GTUC and its
national unions continued to report some cases of management warning
staff not to organize trade unions, and the GTUC cited several
instances during the year in which employers allegedly threatened union
members with dismissal for union activity.
There were continuing reports in both the private and public
sectors of employers threatening or intimidating workers engaged in
union organizing activities. Affected workers included teachers,
employees of various mining, pipeline, and port facilities, and the
Tbilisi municipal government. However, the GTUC could not identify any
dismissals clearly tied to union affiliation during the year. One
reason for this inability was that the duration of workers' contracts
in most industries was so short (at times as short as one month) that
employers could cite the expiration of a contract as the reason for
terminating a particular worker.
In August the management of the state-owned Georgian State Railway
unilaterally decreed that it would terminate the collective agreement
between the railway and the trade union. The trade union immediately
appealed the decree to the Tbilisi City Court. Railway management
responded by offering to negotiate and nominating five members to a
proposed joint commission. On August 10, the union agreed to negotiate
and nominated five union representatives. In November the court ruled
against the railroad workers union. The union continued to exist but
had many problems with the collection of union dues.
According to the GTUC, none of the nine workers dismissed in 2008
by the management of BEM Textile in Ajara for reasons apparently
related to their participation in the creation of a trade union was
reinstated as of year's end.
The GTUC reported instances in which employers failed to transfer
compulsory union dues they deducted from wages to union bank accounts.
In one such case, the company Georgian Post systematically blocked the
transfer to the union of dues totaling 38,000 lari ($22,485) during the
year. However, the GTUC reported that, by year's end the Georgian Post
had covered all but the last two months of the year's arrears.
In 2007 port authorities in Poti fired union members and sealed
their union office because of union activity. After negotiations the
port authorities reinstated most workers. A court ruled against the
union in a lawsuit filed on behalf of 11 workers who were not
reinstated. In May 2009 the GTUC appealed to the ECHR, which accepted
the GTUC's application but had not reviewed the case by year's end.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, and there were no reports that such
practices occurred. However, there were reports that men and women were
trafficked from and through, but not to, the country for labor. Also
see the Department of State's annual Trafficking in Persons Report at
www.state.gov/g/tip.
NGOs and trade unions objected to a provision in the labor code
that permits compulsory labor in instances of emergency and natural
disaster but does not require remuneration to persons who are
conscripted.

d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in
the workplace, although the PDO noted that one of the major
deficiencies of the labor code was insufficient attention to the rights
of minors. However, with high unemployment resulting in a large pool of
adult workers willing to work for low wages, child labor was uncommon.
Although official data were not available, a 2007 survey estimated that
77.4 percent of working children were employed intermittently on family
farms, while 18.4 percent worked in family enterprises. The
International Trade Union Confederation reported that children living
in rural areas were slightly more involved in child labor. Children in
urban areas were susceptible to trafficking, work in the streets,
begging, or selling small items.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.
The most visible form of child labor was street begging in Tbilisi.
A 2007-08 study by the NGO Save the Children indicated that the number
of street children decreased to approximately 1,500 from 2,500 in 1999.
Some experts reported that the number decreased further since that
date. Many minors under the age of 16 worked and performed chores on
small family-owned farms in rural areas. In most case this work was not
abusive and not categorized as child labor. However, in some ethnic
minority areas, family farm obligations were reported to disrupt the
ability to attend school. Some observations have suggested that school
participation of ethnic minority children was especially low. Many
families in rural Kvemo Kartli (an ethnic Azeri region) and Kakheti
(where there is also a significant ethnic Azeri population) worked on
distant pastures for six to nine months a year, meaning that their
children seldom attended school. Statistics on such situations were not
available through the education or social protection systems.
In most situations, the minimum legal age for employment is 16
years old. In exceptional cases, children may work with parental
consent at the ages of 14 and 15. Children under the age of 18 may not
engage in unhealthy or underground work, and children between the ages
of 16 to 18 are subject to reduced working hours and prohibited from
working at night. The labor code permits employment agreements with
persons under the age of 14 in sports, arts, cultural activities, and
for performing advertising services.
The Ministry of Labor, Health, and Social Affairs is responsible
for enforcing laws regulating child labor. The ministry's Department of
Social Protection is responsible for determining compliance with labor
laws and regulations. It receives complaints and identifies labor
violations. There is a subdepartment for Child Protection and Social
Programs, whose 12 specialists are responsible for policy issues,
including the protection of children from illegal child labor. The
subdepartment forwards any information it uncovers to law enforcement
agencies for investigation and possible prosecution. The subdepartment
reported that during the year it received no complaints about child
employment. The policies that are developed by the subdepartment are
implemented by social workers in the Social Service Agency under the
same ministry. In the event of a violation of child labor laws, the
courts have the authority to sanction the employer.

e. Acceptable Conditions of Work.--Neither the minimum wage for
public employees, 115 lari ($68) per month, nor the statutory minimum
wage for private sector workers, approximately 20 lari ($12) per month,
provided a decent standard of living for a worker and family. The
minimum wage was below the average monthly wage in both the private and
the Government sectors. The official minimum subsistence levels were
149.5 lari ($88) for a single person and 265 lari ($151) for a family
of four. Income from unreported trade activities, assistance from
family and friends, and the sale of homegrown agricultural products
often supplemented salaries. The Ministry of Labor, Health, and Social
Affairs is responsible for enforcing the minimum wage. Minimum wage
levels had not changed since 2005 (public sector) and the 1990s
(private sector); the minimum wage was not enforced and was little
known among the public.
The labor code provides for a 41-hour workweek and for a weekly 24-
hour rest period unless otherwise provided by a labor contract. The PDO
described inadequate attention to the rights of pregnant women as one
of the major deficiencies of the labor code; it does not protect them
from being dismissed from work while they are on maternity leave.
According to the code, shifts must be at least 12 hours apart. Pregnant
women, or women who have recently given birth, are prohibited from
working overtime without their consent. Overtime is defined as work
that exceeds the work hours addressed in the employment agreement. If
the employment agreement does not specify business hours, then overtime
is considered to be performance exceeding 41 work hours per week. Terms
of overtime labor are defined by agreement between the parties. The
employer, as a rule, is not obligated to remunerate for overtime work
or to remunerate at an increased rate. The labor code also permits an
employer to change the hours of work by 90 minutes without
renegotiating the terms of any labor contact. NGOs contended that this
provision would effectively require employees to work overtime without
compensation, a violation of the constitutional prohibition against
compulsory labor.
Two explosions in mines in Tkibuli raised concerns about possible
failures in adherence to safety standards. On March 3, four miners were
killed and one injured; and on August 27, four miners were killed and
six injured.
The Government set occupational health and safety standards, but
the PDO listed the failure to ensure safe conditions for workers as one
of the major deficiencies of labor code implementation. The Ministry of
Labor, Health, and Social Affairs monitors adherence to accepted labor
standards and drafts proposals for changes as necessary. The
parliamentary Committee on Health and Social Welfare has general
oversight regarding labor policy and considers labor-related proposals
submitted by the ministry.
The Government body previously in charge of workplace monitoring,
the State Department for Engineering Supervision, was abolished by the
prime minister in 2009 due to alleged corruption, leaving no government
organization in charge of this task. The Technical and Oversight
Inspection Agency had inspection responsibility, but only for
occupations codified as hazardous. The law permits higher wages for
hazardous work and provides workers the right to remove themselves from
situations that endanger health or safety without jeopardizing their
continued employment. In practice employees rarely, if ever, took
advantage of these protections due to fear of dismissal.

__________

GERMANY

Germany is a constitutional, parliamentary, democracy with a
population of approximately 82 million. Citizens choose their
representatives periodically in free and fair multiparty elections. The
head of the federal government, the chancellor, is elected by the
Federal Parliament (Bundestag). The second legislative chamber, the
Federal Council (Bundesrat), represents the 16 states at the federal
level and is composed of members of the state governments. The
constitution (Basic Law) sets forth the powers of the chancellor and
the legislative branch. The most recent national elections for the
parliament took place in 2009. Security forces reported to civilian
authorities.
The law provides fundamental rights for citizens; however, the
Government limited the freedoms of speech, press, assembly, and
association of neo-Nazi and other groups it deemed extremist. There was
governmental and societal discrimination against some minority
religious groups. There were instances of anti-Semitic attacks and
vandalism; violence against women; trafficking in women, men, and
children for sexual exploitation and forced labor; and right-wing
extremist violence against and harassment of racial minorities,
foreigners, and sexual minorities.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
In October the Nuremburg Higher Regional Court upheld on appeal
lower-court findings that police officers acted in self defense in the
2009 shooting death of Tennessee Eisenberg. On November 22, Eisenberg's
family filed a complaint with the Federal Constitutional Court in
Karlsruhe, which was pending at year's end. The shooting took place in
Regensburg, Bavaria, where two police officers killed the 24-year-old
man after he allegedly refused police demands to drop a knife.
Eisenberg's corpse had 12 bullet wounds. Both the public prosecuting
office and the Nuremburg higher district court had reached findings of
self defense.
The trial of former concentration camp guard John Demjanjuk
continued during the year in the Munich Regional Court. Prosecutors
accused Demjanjuk of being a guard at the Sobibor extermination camp in
1943 in German-occupied Poland and charged him as an accessory to the
killing of 29,000 persons. Medical officials deemed Demjanjuk fit for
trial. Demjanjuk was deported from the United States in May 2009.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices, and there were
no reports that government officials employed them.
As of year's end, the Muenster Regional Court had not initiated its
review of the cases of three Bundeswehr staff sergeants charged with
hazing subordinates at a training site in Coesfeld in 2004. The
sergeants were acquitted by the regional court in 2008, but in October
2009 the Federal Court of Justice reversed the decision and returned
the case to the regional court for review.

Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, and the
Government permitted monitoring visits by independent human rights
observers.
On January 7, the Federal Court of Justice returned to the
Magdeburg regional court for retrial the regional court's 2008
acquittal of one of two police officers charged with causing the death
of Oury Jalloh from Sierra Leone, who died in 2005 when his cell in a
Dessau police station caught fire. The new trial, originally scheduled
for October 25, was postponed due to the illness of the defendant. The
2008 acquittal of a second police officer in the case was not appealed.
According to the Federal Statistics Office, the country's prison
population at the end of November was 69,385, including 3,755 women and
10,781 pretrial detainees. Of the latter, 374 were juveniles (under 18
years of age). The prison system had a capacity of 77,944 inmates.
Prisoners and detainees had reasonable access to visitors and could
engage in religious observance. Authorities permitted convicts and
detainees to submit complaints to judicial authorities without
censorship. Authorities investigated credible allegations of inhumane
conditions. The Government investigated and monitored prison and
detention center conditions.
The National Agency for the Prevention of Torture is the country's
independent institution for preventing torture and other cruel,
inhuman, or degrading treatment or punishment. Only institutions under
federal jurisdiction, i.e., the Federal Police (Bundespolizei) and
Federal German Defense Forces (Bundeswehr) fall under the mandate of
this agency. It reports annually to the parliament and government. In
the 12 months ending in April, the agency conducted four official
inspections at Federal Police installations and two at Bundeswehr
installations. These found no evidence of inhuman treatment of detained
persons. In some cases, the agency proposed improvements, including the
installation of fire detectors, improved daylight access, and the
provision of equipment for a medical treatment room.
Most institutions for the incarceration of detainees, including
police stations, detention centers, and prisons, are the responsibility
of the states (Laender). In November the federal authorities informed
the UN high commissioner for the prevention of torture that a Joint
Laender Commission had been established to inspect such facilities,
including those operated by police, the judiciary, detention facilities
in psychiatric clinics, persons held pending deportation, nursing
homes, and youth-welfare establishments. The joint commission began its
operations on September 24; it conducted two visits to inspect
facilities during the year. It was too early to evaluate the
effectiveness of the commission. Together, the National Agency for the
Prevention of Torture and the Joint Laender Commission for the
Prevention of Torture make up the national preventive mechanism
required by under the Optional Protocol to the UN Convention against
Torture.
A delegation of the Council of Europe's Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment
(CPT) visited the country from November 25 to December 7. It reviewed
measures taken by authorities to address earlier CPT recommendations,
in particular those concerning instituting fundamental safeguards
against mistreatment of persons in police custody and improving
conditions in the units in various prisons holding persons involved in
immigration matters. The delegation also examined in detail the
situation of persons subject to preventive detention
(Sicherungsverwahrung) and juvenile offenders held in penitentiary
establishments. For the first time, the delegation visited a women's
prison. In one of the states visited, Berlin, the delegation collected
information on the surgical castration of sexual offenders. No report
by the delegation was available by year's end.
There is no ombudsman for prisons or prisoner affairs.

d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the police and the Federal Criminal
Investigative Service, and the Government has effective mechanisms to
investigate and punish abuse and corruption. There were no reports of
impunity involving the security forces during the year.
On July 8, Amnesty International (AI) released a report covering
2004-08 that found investigations of police officers who killed,
injured, or mistreated persons in custody to have been at times half-
hearted, partisan, and lacking in thoroughness. While AI found no
evidence of sytematic, unlawful police violence, the organization
called for the creation of an independent special commission for
investigations of police officers. Hamburg already had such an
institution.

Arrest Procedures and Treatment While in Detention.--Authorities
may arrest an individual only on the basis of a warrant issued by a
competent judicial authority unless police apprehend a suspect in the
act of committing a crime or have strong reason to believe that the
individual intends to commit a crime. The constitution provides that
authorities must bring a person detained on suspicion of having
committed a criminal offense before a judge no later than the day after
his arrest. At that time, the judge must inform him of the reasons for
the arrest and give him an opportunity to raise objections. The law
entitles a detainee to prompt access to an attorney, either one of his
choosing or, if he does not select one, one appointed by the court. If
there is evidence that a suspect might flee the country, police may
detain that person for up to 24 hours pending a formal charge. To
continue holding a detainee, police must bring the detainee before a
judge, and the court must charge the individual at the latest by the
end of the day following the arrest. The court must then issue an
arrest warrant stating the grounds for detention; otherwise, the court
must order the individual's release. Authorities generally respected
these rights in practice.
Bail exists but is infrequently granted. Authorities usually
released persons awaiting trial unless a court decided that there was a
clear risk that they might flee. In such cases, authorities could hold
detainees for the duration of the investigation and subsequent trial,
subject to judicial review. Time spent in investigative custody applies
towards any eventual sentence. If a court acquits a defendant who was
incarcerated, the Government must compensate the defendant for
financial losses as well as for ``moral prejudice'' due to the
incarceration.
The law does not allow courts to punish persons twice for the same
crime; however, in cases involving rape, homicide, or manslaughter, a
court may order an offender to spend additional time in ``subsequent
preventive detention'' after he completes his sentence if it determines
that the offender represents a continuing danger. Until 1998
``subsequent preventive detention'' was limited to 10 years, but in
that year, a new law removed the limit, permitting the imposition of
subsequent preventive detention for an indefinite period. Legislation
that took effect on January 1 limited this form of detention to serious
crimes. The 1998 law has also been applied retroactively to some
prisoners who were originally sentenced while the 10-year limit was
still in place. In ruling on such a case, the European Court of Human
Rights (ECHR) on May 11, reaffirmed on appeal its December 2009
judgement that the Government must compensate a man whom it had held in
``subsequent preventive detention'' since 1991, when he completed a
five-year sentence for attempted murder and robbery. The ECHR held that
the country's use of this form of detention violated the European
Convention on Human Rights.
On June 1, the ECHR ruled that the trial of Magnus Gaefgen on
charges of kidnapping, and later killing, an 11-year-old boy in
Frankfurt had been fair, and he had no justifiable claim of a human
rights violation against the Justice Ministry or police. Gaefgen was
found guilty but contended that he confessed only after the vice
president of Hesse's police threatened to torture him. Gaefgen's case
and the alleged torture threat were widely publicized, since the child
he killed was the son of a well-known Frankfurt banker. The accused
police officer eventually resigned over the incident. Gaefgen was
serving a life sentence for the crime.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected this
provision in practice.

Trial Procedures.--The constitution provides for the right to a
fair, public trial, and an independent judiciary generally enforced
this right. Juries are not used. Either one judge, a panel of
professional judges, or a mixed panel of professional and lay judges
try cases, depending on the severity of the charges. Defendants enjoy a
presumption of innocence and have a right of appeal. The law requires
defendants to be present at their trials. Defendants have the right to
consult with an attorney. According to the law, before any
interrogation begins, authorities must inform a suspect, arrested or
not, of his or her right to consult an attorney before the interview.
The Government provides an attorney at public expense if defendants
demonstrate financial need. Defendants may confront and question
witnesses against them and present witnesses and evidence on their
behalf. Defendants and their attorneys have access to all court-held
evidence relevant to their cases.
For simple or less serious cases, procedures exist for an
accelerated hearing and summary punishment at the local-court level.
These procedures are limited to cases for which the maximum sentence is
one year or less. Courts generally suspended one-year sentences and
placed the convicted individuals on probation. Heavy caseloads at times
delayed court proceedings.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Courts Decisions.--During the year three new
suits were brought against the country in the ECHR. Also during the
year, the ECHR issued decisions in earlier suits that found 19
violations related to the length of court proceedings. In 2009 the ECHR
issued judgments on 10 cases that included five violations regarding
the length of court proceedings, one violation of the right to a fair
trial, and one violation of the right to an effective remedy.
On September 2, the court set a precedent by ruling in Rumpf v.
Germany that the Government must introduce, at the latest within one
year, an effective domestic remedy against excessively long court
proceedings.
There were no reports of failure of authorities to comply with ECHR
court decisions.

Civil Judicial Procedures and Remedies.--An independent and
impartial judiciary in civil matters provides access to a court to
bring lawsuits seeking damages for, or cessation of, a human rights
violation. Administrative remedies for alleged wrongs are available as
well.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and, in most
respects, authorities respected these prohibitions in practice.
However, members of organizations monitored by the Federal Office for
the Protection of the Constitution (FOPC) and the various state offices
for the protection of the constitution (OPCs) in the states charged
that these agencies violated their privacy.
The state OPCs in Hesse, Baden-Wuerttemberg, Lower Saxony, North
Rhine-Westphalia, and Bavaria continued to keep the Left Party under
observation. The State OPC in North Rhine-Westphalia publicly confirmed
in November that it continued this practice, arguing that the party
tolerated groups within its ranks that are extremist, and it did not
sufficiently distance itself from left-wing extremist violence. In
November 2009 the interior minister of Lower Saxony stated that the
state OPC only monitored the Left Party and not individual Left Party
members.
In September 2009 the federal government confirmed that the FOPC
collected information on all 53 members of the federal parliament from
the Left Party. The Government asserted that the North Rhine-Westphalia
Higher Administrative Court's February 2009 decision authorized
surveillance of the party.
On August 22, the president of the FOPC stated that continued
observation of the Left Party was necessary because the party
maintained contacts with communist organizations abroad and left-wing
extremist groups in the country.
In investigations of certain serious crimes, law enforcement
officials may monitor the telecommunications of suspects, but only with
court approval. In intelligence-related cases, such as suspected
involvement in terrorism, the law permits intelligence services to
engage in surveillance activities, for example, monitoring
telecommunications, without court approval; however, an independent
commission elected by a parliamentary control body has to approve such
activities.
On March 2, the Federal Constitional Court ruled that the law
requiring the mass storage of telephone and Internet communications
data (Vorratsdatenspeicherung) was unconstitutional because it violated
telecommunications secrecy. The court called for all the information
saved under the law to be deleted ``without delay.'' Although the court
ruled that data storage is not in itself unconstitutional, the law was
disproportionate and did not provide sufficient data protection
measures. The companies that held the data in question subsequently
announced that they had complied with the decision.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press; while the Government generally
respected these rights in practice, it imposed limits aimed at groups
it deemed extremist. In November 2009 the Federal Constitutional Court
limited free speech that specifically endorses neo-Nazi doctrines,
claiming this was ``an exceptional circumstance.''
Individuals could criticize the Government publicly or privately
without reprisal, and an active independent media expressed a wide
variety of views without government restriction. However, making or
disseminating oral statements or propaganda inciting racial hatred,
endorsing Nazism, or denying the Holocaust is prohibited. In August
2009 the Federal Court of Justice ruled that persons can be prosecuted
for displaying Nazi slogans only if the slogans are in the German
language. The court argued that translations of Nazi slogans were not
Nazi symbols, since Nazi slogans are inseparably connected with the use
of the German language.
During the year courts convicted persons for speech that denied the
Holocaust or was deemed offensive to Jews (see section 6, Anti-
Semitism).
On May 6, the municipal court of Amtsgericht, Saarbruecken, found
Udo Pastoers, a member of the National Democratic Party of Germany
(NPD), guilty of sedition. The court gave Pastoers a suspended, 10-
month sentence and fined him 6,000 euros ($7,980). According to the
court, Pastoers ``went beyond the right of freedom of expression'' when
he insulted persons of Turkish and Jewish descent in a February 2009
speech. On October 19, Pastoers appealed to the regional court.
The independent media were active and expressed a wide variety of
views with few restrictions.
On July 7, the Gera Administrative Court in Thuringia ruled that
the mayor of Gera did not have the right to call for a demonstration
against an NPD-organized neo-Nazi rock concert scheduled for July 10.
The court ruled that the call for the demonstration violated the
mayor's duty to be neutral. State parliament representatives from the
Left Party criticized the decision, saying that there should not be any
neutrality regarding Nazi ideology.

Internet Freedom.--There were no government restrictions on access
to the Internet; however, government agencies may monitor e-mail or
Internet chat rooms in certain circumstances. Individuals and groups
could engage in the peaceful expression of views via the Internet,
including by e-mail. According to International Telecommunication Union
statistics approximately 79 percent of the country's inhabitants used
the Internet.
Federal and state laws permitted the FOPC and state OPCs to monitor
the private e-mails and chat room postings of individuals and groups
under FOPC and OPC surveillance; an independent commission elected by a
parliamentary control body was responsible for oversight of such
activities. The law prohibits access to material such as child
pornography and Nazi propaganda.

Academic Freedom and Cultural Events.--There were few government
restrictions on academic or cultural events; however, the law bans Nazi
propaganda, material denying the Holocaust, and pornography.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly, and the Government
usually respected this right in practice. However, the Government
prevented certain prohibited organizations, mainly right-wing extremist
groups, from holding public assemblies.
Permits must be obtained for open-air public rallies and marches,
and state and local officials have authority to deny permits when
public safety concerns arise or when the applicant is a prohibited
organization. Denials were rare but did occur.
Once a demonstration is officially registered, it is illegal to
block it, even when it is organized by neo-Nazi groups. During the year
the Saxony prosecuter successfully sought to have parliamentary
immunity lifted from one of two Left Party leaders who participated in
the February 13 blockade by anti-Nazi demonstrators of a neo-Nazi
demonstration in Dresden. The outcome of the ensuing prosecution was
pending at year's end.
Police may detain known or suspected criminals, usually right- or
left-wing extremists, for brief periods when they believe such
individuals intend to participate in illegal or unauthorized
demonstrations. The length of time varies from state to state and can
range from one to 14 days.
In April Bavaria amended its assembly law to meet the requirements
of the Federal Constitutional Court, primarily with regard to the
duties of organizers, police performance, and penalties. On June 1, the
Bavarian state parliament amended the law on the right of assembly with
the primary intention of controlling right-wing extremist
demonstrations. The amendment was in response to a February 2009 ruling
by the Federal Constitutional Court that the state's law was
unconstitutional because it could be used inappropriately to restrict
any type of public demonstration.
In August the Schaumburg county administration in Lower Saxony
prohibited both a neo-Nazi demonstration and a counter-demonstration by
trade unions and left-wing groups scheduled for August 14, in Bad
Nenndorf. The administration asserted that the demonstrations might
result in violence, and it could not provide the required number of
police to secure the marches. In reaction organizers of both
demonstrations filed a suit. Initially, on August 12, the Hannover
Administrative Court decided to permit the Nazi march but barred the
counter demonstration, since the police could only handle one
demonstration and the right-wing group had registered earliest.
However, on August 13, after an appeal by the German Trade Unions
Federation, the Lueneburg Higher Administrative Court permitted the
left-wing demonstration as well.

Freedom of Association.--The constitution provides for freedom of
association, and the Government generally respected this right in
practice. However, the law permits the prohibition of organizations
whose activities have been judged illegal or opposed to the
constitutional democratic order (see section 2.a.). While only the
Federal Constitutional Court may prohibit political parties on these
grounds, federal or state governments may prohibit or restrict other
organizations, including groups that authorities classify as extremist
or criminal in nature. Organizations have the right to appeal
prohibition or restrictions.
The FOPC and state OPCs responsible for examining possible threats
to the constitutional democratic system monitored several hundred
organizations. Monitoring generally consisted of collecting information
from written materials and firsthand accounts; however, the FOPC and
OPCs could also employ more intrusive methods, including the use of
undercover agents, who were subject to legal checks. The FOPC and OPCs
published lists of monitored organizations, including left-wing
political parties. Although the law stipulates that OPC surveillance
must not interfere with an organization's activities, representatives
of monitored groups complained that the publication of the
organizations' names contributed to prejudice against them. On June 10,
the Berlin-Brandenburg Higher Administrative Court confirmed a 2009
decision by the Berlin senator of the interior to ban the right-wing
extremist group Frontbann 24, which had been active in Berlin since
2008. The senator stated that the group was positioned against the
constitutional order and had shown affinity to National Socialism. The
police simultaneously raided apartments of the groups' members in
Berlin.
On September 1, the Leipzig Federal Court of Justice (as a court of
last instance), rejected a revision and confirmed a ban on the Kiel-
based right-wing extremist group German Youth Faithful to the Homeland
(HDJ), on the grounds that the organization was similar to the Nazi-era
Hitler Youth and was directed against democracy and the country's
constitution. The ban was imposed on HDJ in March 2009 by then federal
interior minister Wolfgang Schaeuble for distributing racist and Nazi
propaganda. Searches were carried out in Berlin, Brandenburg, Lower
Saxony, and Saxony in an effort to confiscate the HDJ's assets.
On December 21, police raided the homes of suspected neo-Nazis in
five cities (Hohen Neuendorf in Brandenburg, Ludwigshafen and Bad
Dirkheim in Rhineland-Palatinate, and Heidelberg in Baden-Wuerttemberg)
in an effort to prevent the holding of a ``national year-end camp'' for
children. The homes in question belonged to members of the IG Fahrt and
Lager, the successor organization to the HDJ, an organization banned in
2009 because the group ran camps modeled on those of the Hitler Youth,
teaching children as young as six years old that foreigners and Jews
were a threat to the nation. According to police, after the HDJ was
banned, former members continued their work in the guise of the Young
National Democrats, the NPD youth organization. The police seized
right-wing extremist propaganda that members of the group allegedly
planned to distribute to minors at the upcoming youth camp.
On September 7, Rhineland Palatinate police forces searched offices
and apartments of the neo-Nazi group Hilfsorganisation fuer nationale
politische Gefangene (HNG). With approximately 600 members, the HNG is
the country's largest neo-Nazi group. Police officers raided four
apartments in Mainz, including the garden shop of Ursula Mueller, the
chairperson and, along with her husband Curt Mueller, central figures
of the HNG.

c. Freedom of Religion.--For a description of religious freedom,
please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The constitution prohibits forced exile, and the Government did not
employ it.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees. The
constitution extends to foreigners persecuted on political grounds the
right to apply for asylum in the country. The Asylum Procedure Act
regulates the asylum procedure. The Residence Act also allows the
granting of refugee status when the persecutors are not representatives
of the state.
As a rule an applicant for asylum has the right to appeal a denial
within two weeks. Once an appeal is filed, authorities may not deport
the applicant until and unless the court has completed its
deliberations and upheld the denial. In that case the applicant is
obliged to leave the country. An applicant who does not comply is
subject to deportation.
The Government processes the asylum applications of individuals it
finds to have adjudicable asylum claims at an international airport
prior to their entry into the country (individuals seeking to enter the
country by land do so from countries already judged to be safe
countries that bear responsibility for adjudicating their asylum
claims). The same applies to applicants without passports or with
invalid passports. The Federal Office for Migration and Refugees must
either make a decision on an asylum application within 48 hours or
allow the person to enter the country. An applicant who is rejected has
three days to appeal to an administrative court, which must rule within
14 days or permit the individual to enter the country. Local
nongovernmental organizations (NGOs) continued to criticize these
periods of time as insufficient to allow applicants to prepare for
hearings.
Persons whose asylum claims are rejected may not enter the country
but must remain in the airport reception center until their departure.
A judicial order is required to continue to hold individuals beyond 30
days of their arrival if authorities are unable to return them to their
home countries within that period of time. The federal government
claimed not to maintain statistics about detention in airport
facilities.
In May 2009 the human rights NGO Pro Asyl sharply criticized the
Government's ``fast'' procedure, whereby a person can apply for asylum
at the airport and the Federal Office for Migration makes a decision
within two days. Based on its examination of 32 cases from 2006 and
2007, the organization asserted that the minimum requirements for a
fair procedure were not met, since the decision was made so rapidly.
According to Pro Asyl's analysis, several decisions were incorrect and
resulted in unjustified deportations. Pro Asyl also asserted that
during the two days they were awaiting an asylum determination, asylum
seekers were detained in the transit portion of the airport under
``inhumane'' conditions.
In the period 2004-09, 4,234 persons sought asylum upon their
arrival at Frankfurt's international airport. The transit area of the
Frankfurt airport, under the authority of the Federal Administration
for Migration, has also been subject to criticism by human rights
organizations, including AI in 2009 and during the year. According to
Pro Asyl, authorities detained women with children, pregnant women, and
children without parents in circumstances very similar to prison.
According to the Hesse Ministry for Justice, some minors without
parents remained more than 100 days in prison-like circumstances.
According to the constitution, individuals who attempted to enter
the country through a ``safe country of transit,'' i.e., a member state
of the EU or a country adhering to the 1951 Convention relating to the
Status of Refugees, were ineligible for asylum and could be turned back
at the border or, if they had entered the country, be deported to that
safe country of transit. Several NGOs questioned this regulation.
During the year several courts in the country stopped planned
deportations to Greece.
On July 20, the Frankfurt administrative court ruled that the
federal government had to allow an Iranian citizen to file his asylum
application in the country, although he entered the country via another
EU country. On September 8, the Federal Constitutional Court suspended,
for similar reasons, the deportation of an Iraqi asylum seeker to
another EU country, where he had originally filed a first asylum
application.
In practice the Government generally provided protection against
the expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion. In December 2009 the Federal Ministry of Interior instructed
the federal states to suspend the deportation of Syrians, who faced
immediate deportation due to uncertainty about their treatment upon
return to Syria.
The Government processed refugee and asylum cases according to
existing law; the approval rate was low. During the year authorities
processed 48,187 asylum applications and granted 7,704 persons (16.0
percent) refugee protection under the 1951 convention and its 1967
protocol. In addition they granted 2,691 persons (5.6 percent)
temporary suspension of expulsion due to the situation in their
countries of origin or based on other humanitarian grounds. The country
rejected 27,255 applications (56.5 percent) and ``resolved otherwise''
(for example, applications withdrawn or procedures closed) another
10,537 (21.9 percent). All cases in which asylum was granted must be
reviewed after three years to determine whether the grounds for asylum
still apply.
In December 2009 the interior ministers of the country's 16 federal
states extended the residence permits of ``long-term'' asylum seekers
for an additional two years for those who otherwise would have had to
leave during the year. This ruling affected approximately 30,000
rejected asylum seekers whom authorities could not return to their
countries of origin. In order for these persons to remain in the
country as residents, they are required to prove that they have ``made
a concerted effort'' to find employment and can be expected to support
themselves in the future. Some human rights organizations criticized
the ministers' failure to grant the asylum seekers' residency outright.
During the year there were more than 14,000 officially registered
refugees from Kosovo, including approximately 10,000 Roma, living in
the country. All of them were required by law to leave the country once
the Government determined they would no longer face any risks of
oppression upon return. In April 2009 the German and Kosovo Interior
Ministries concluded an agreement that provides for the return of
Kosovar refugees. The federal Interior Ministry pledged to repatriate a
maximum of 2,500 persons per year to ensure that Kosovo was not
overburdened by a sudden influx of returnees. During the year 918
repatriation orders were issued, including 556 concerning Roma. Between
January and April, 313 persons were deported, including 53 Roma. As an
incentive the Government provided special support to those refugees who
returned voluntarily to Kosovo.
During the year human rights organizations questioned whether the
agreement with Kosovo provided adequate safeguards for the refugees
being repatriated there. In a report released in October, Human Rights
Watch noted that Roma, Egyptians, and Ashkali deported from Western
Europe to Kosovo faced numerous obstacles to enjoyment of their basic
human rights, including lack of access to personal documents;
statelessness; problems repossessing their property or obtaining
housing; difficulties accessing education, health, employment, and
social welfare; and separation from family members.

Stateless Persons.--Citizenship is derived primarily by birth from
one citizen parent. However, citizenship may also be granted to
children based on their birth in the country, provided one parent has
been living there for at least eight years or one parent has a
permanent residence permit and has had that status for at least three
years.
According to UNHCR statistics, there were 8,226 stateless persons
at the end of 2009. Data on the number of stateless persons who were
also refugees was incomplete. The Government generally implemented laws
and policies to provide stateless persons the opportunity to gain
nationality on a nondiscriminatory basis. Citizenship may be acquired
by naturalization by those with permanent residence who have lived in
the country for eight years. However, refugees and stateless persons
may apply after six years' residence. It can be difficult for an
applicant to produce sufficient evidence or documentation for the
establishment of statelessness status--the burden of proof is on the
applicant. In general the country protected stateless persons from
deportation to their country of origin or usual residence where they
could be threatened with political persecution.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--In September 2009 the
country held parliamentary elections that were considered free and
fair. Political parties generally operated without restriction or
outside interference unless they are deemed a threat to the federal
constitution. Even when the federal authorities perceive such a threat,
they have no authority to ban a party; they can only petition to the
Federal Constitutional Court to do so.
A total of thirty-one splinter parties were denied approval to
participate in the 2009 federal parliamentary elections. The federal
election supervisor based his decisions on formal mistakes made by the
parties in the approval process and their allegedly inadequate
``manifestations of the characteristics of a political party.'' A
report on the parliamentary elections released in December 2009 by the
Office for Democratic Institutions and Human Rights of the Organization
for Security and Cooperation in Europe (OSCE) criticized certain
provisions of the law regarding the admission of new parties. The
observers noted that the federal election committee, which decides on
such admissions, is composed of those parties already represented in
parliament, and this circumstance could lead to a conflict of interest.
The report also noted that the law does not provide for judicial review
of election administration decisions before Election Day, thus
diminishing access of citizens to a timely remedy.
The federal chancellor and five of the 16 cabinet members were
women. There were 207 women in the 622-seat Federal Parliament (about
32 percent). Four judges on the the 16-member Federal Constitutional
Court were women.
There were at least 16 members of ethnic minorities or members with
an immigrant background in the parliament, one on the Federal
Constitutional Court, and one in the cabinet. On April 27, the first
state-level Muslim minister was appointed, in Lower Saxony.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented these laws effectively.
Nevertheless there continued to be reports of corruption. The
construction sector and public contracting, where there were
indications of inappropriate political party influence in the awarding
of contracts, were areas of particular concern.
Most state governments and local authorities have contact points
for whistle-blowers and provisions for rotating personnel in areas
prone to corruption. Government officials are forbidden to accept gifts
linked to their jobs. There were serious penalties for bribing
officials, for corrupt practices between companies, and for price-
fixing by companies competing for public contracts. Authorities have
strengthened anticorruption provisions that apply to support extended
by the official export credit agency and have tightened the rules for
public tenders. Authorities have prosecuted domestic firms for paying
bribes to foreign officials to secure contracts.
Parliamentarians are subject to financial disclosure laws that
require them to publish earnings from outside employment. State
prosecutors generally are responsible for investigating corruption
cases. In December 2009 the Council of Europe criticized the country's
anticorruption efforts and recommended tightening the criminal code
with regard to bribery of parliamentarians. In its October 26 report,
Transparency International criticized the dearth of legal measures to
prosecute corruption among parliamentarians. It also recommended a
ceiling for donations to political parties.
Federal law provides for public access to government information.
Four federal states (Berlin, Brandenburg, Schleswig-Holstein, and North
Rhine-Westphalia) also have freedom of information laws that provide an
appeals process.
A November 2009 report of the UN Group of Experts on the Democratic
Republic of the Congo (DRC) presented information indicating that
Cronimet Mining GmbH, which is based in Germany, directly or indirectly
funded conflict and perpetrators of human rights abuses in the eastern
DRC.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were very cooperative and responsive to their views.
There is no federal human rights ombudsman and no parliamentary
committee with specific responsibilities for overseeing the country's
human rights performance. The courts were the main resource for
individuals seeking protection of individual human rights. Under the
country's legal system, persons who believe that their rights have been
violated are entitled to take their cases to court. In addition to the
courts, the country has a wide range of governmental and
nongovernmental bodies and organizations working to protect human
rights. Petitions committees and commissioners for citizens' affairs
provide individuals with contact points where they can lodge their
complaints. Such points of contact are usually referred to as
``ombudspersons.''
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits the denial of access to housing, health
care, or education on the basis of race, ethnicity, gender, religious
affiliation, age, sexual orientation, disability, language, or social
status, and the Government effectively enforced these provisions in
practice.

Women.--The law criminalizes rape, including spousal rape, and
provides penalties of up to 15 years in prison. The Government
effectively enforced the law. According to national police criminal
statistics, there were 7,314 cases of rape or serious sexual coercion
in 2009. The federal government supported numerous projects in
conjunction with the federal states and NGOs to deal with violence
against women, both to prevent violence and to give victims greater
access to medical care and legal assistance.
The law prohibits violence against women, including spousal abuse;
the law may temporarily deny perpetrators access to the household, put
them under a restraining order, or in severe cases prosecute them for
assault or rape and require them to pay damages. Penalties varied
depending on the nature of the case. The law did not require a civil
court decision for a temporary denial. The Government enforced the law;
nevertheless, authorities believed that violence against women was
widespread. Organizations that aid victims estimated that between 20
and 25 percent of women have been victims of physical or sexual
violence. There were about 360 women's shelters in the country with
approximately 7,000 rooms for women and children. According to the
Federal Ministry for Family, Senior Citizens, Women, and Youth,
approximately 400,000 women per year sought refuge from abusive
situations. Many NGOs on the local level provided hotlines, assistance,
advice, and shelter.
Forced marriages are illegal and invalid and may be punished by up
to five years' imprisonment. While there were no reliable statistics on
the number of forced marriages, evidence indicated that the problem
occurred more often in the immigrant Muslim community than in the
general population. Forced marriages reportedly often led to violence.
Victims included women and, in some cases, young men living in the
country for whom the family brought a spouse from abroad. In addition
some women were sent by their families to other countries to marry
against their will.
Honor killings were also reported. On September 20, the the Federal
Court of Justice approved the life imprisonment of a 47-year-old father
who killed his daughter in Schweinfurt, Bavaria, stabbing her 68 times.
Sexual harassment of women was a recognized problem. The law
prohibits sexual harassment and requires employers to protect employees
from sexual harassment. A variety of disciplinary measures against
offenders are available, including dismissal. The law considers an
employer's failure to take measures to protect employees from sexual
harassment to be a breach of contract, and an affected employee has the
right to paid leave until the employer rectifies the problem. There
were press reports of sexual harassment in the workplace and in public
facilities, but no statistics were available. Unions, churches,
government agencies, and NGOs operated a variety of support programs
for women who experienced sexual harassment and sponsored seminars and
training to prevent it. No reliable data on the extent of this problem
was available.
Couples and individuals have the right to decide freely and
responsibly the number, spacing, and timing of their children and to
have the information and means to do so free from discrimination,
coercion, and violence. There was easy access to contraception, skilled
attendance during childbirth, and women and men were diagnosed and
treated equally for sexually transmitted infections, including HIV.
According to data compiled by international organizations, there were
approximately seven maternal deaths per 100,000 live births in 2008.
Men and women enjoy equal rights under the constitution. The
Federal Ministry for Family, Senior Citizens, Women, and Youth was the
primary federal agency responsible for protecting women's rights. The
law provides for equal pay for equal work. Employers generally did not
pay women less that men for equivalent work, although women were
underrepresented in well-paid managerial positions and overrepresented
in some lower-wage occupations. According to current information from
the Federal Ministry for Family, Senior Citizens, Women and Youth,
women earn an estimated 23 percent less than men for the same work.
This is largely because more women in the country tended to be part-
time workers.

Children.--In most cases, citizenship is derived by birth from
one's parents. Citizenship may also be granted to children born in the
country provided one parent was resident for at least eight years or
one parent has a permanent residence permit and has had that status for
at least three years. Dual nationality is not recognized; and, upon
reaching the age of 23, a dual national must choose one citizenship or
the other. Civil registration offices record births.
The law criminalizes rape and provides penalties of up to 15 years
in prison. Consensual sex is legal from the age of 14 in most cases. An
exception is if the older partner is over 18 years old and is
``exploiting a coercive situation'' or offering compensation, in which
case the younger partner must be over 16 years old. In addition it is
illegal for someone older than 21 years old to have sex with someone
under 16 years old if the older person ``exploits the victim's lack of
capacity for sexual self-determination.'' According to one estimate, 3
to 11 percent of all prostitutes were 16 years old or younger.
Under the law, possession of child pornography is a criminal
offense. A child is defined as a person younger than 14 years of age.
According to the law, the mere possession of, or attempt to acquire,
any material reflecting a true or realistic incident of child
pornography is punishable by a prison sentence of three months to five
years. The country's legal system also applies extraterritorial
jurisdiction, so that any act of child pornography is prosecuted
domestically, according to domestic law, even if it was committed
elsewhere.
According to the Federal Criminal Office (FCO), in 2009 there were
11,319 reported incidents of sexual abuse of children up to 14 years of
age compared with 12,052 incidents in 2008. Between 2008 and 2009, the
number of cases involving the distribution of child pornography
(photographs and videos) declined to 11,597, a decrease of 36.5
percent. The number of reported cases of ownership and procurement of
child pornography declined by 43.0 percent, from 6,707 cases in 2008 to
3,823 in 2009.
In March the community of Schiffweiler voted their mayor, Wolfgang
Stengel, out of office after a Saarbruecken court found him guilty of
procuring and possessing child pornography and fined him 7,500 euros
($9,975).
On May 28, the Karlsruhe regional court gave Joerg Tauss, the
former secretary-general of Baden-Wuerttemberg's Social Democratic
Party (SPD) and a member of the federal parliament, a 15 month
suspended sentence for possessing child pornography. On August 31, the
Federal Court of Justice rejected an appeal by Tauss as unfounded. When
authorities first accused him in March 2009, Tauss left the SPD
parliamentary caucus under pressure. The federal parliament lifted his
immunity the following September, and the Karlsruhe prosecutor's office
then filed formal charges.
The Coalition for Street Children estimated there were as many as
11,000 street children in the country. Authorities believed that these
children were often subjected to violence and abuse and were frequently
fleeing violent and abusive homes. Street children often turned to
prostitution for income.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.htmt as well as
country-specific information at http://travel.state.gov/adbudction/
country/country--3781.html.

Anti-Semitism.--The Jewish population was estimated to be more than
200,000 persons in 2009. The 2009 FOPC report listed a total of 1,502
right-wing, politically motivated crimes with extremist and anti-
Semitic background in 2009 compared with 1,477 in 2008 (an increase of
1.7 percent). Federal authorities generally took action against the
perpetrators of anti-Semitic offenses.
While most anti-Semitic acts were attributed to neo-Nazi or other
right-wing extremist groups or persons, a number of high-profile anti-
Semitic incidents indicated that Muslim youths were increasingly
involved in attacks on, and harassment of, Jews. Annual statistics were
not available; however, among the violent anti-Semitic attacks that
occurred during the year were the following:
On January 23, two teenage (ages 15 and 16) right-wing extremists
committed an arson attack against the House of Democracy in Zossen,
Brandenburg, which was hosting an exhibition on Jewish life in the
city. Proceedings against them were ultimately dismissed on the grounds
that they were too young to understand the gravity of their crimes. The
24-year-old head of one of the largest right-wing extremist groups in
Brandenburg, Freie Kraefte Teltow Flaeming, also stood trial at the
Zossen local court, for instigating the arson attack. He confessed to
doing so, as well as to other offenses, including the use of Nazi
symbols and incitement of hatred. Authorities suspected his group of
involvement in an earlier attack on the House of Democracy in 2009. No
information was available by year's end as to the outcome of his trial.
On March 26, a man verbally attacked two 10-year-old girls at a
local train station in Berlin-Wannsee using anti-Semitic remarks. When
a bystander intervened to assist the girls, the attacker grabbed a beer
bottle and threatened the girls and the bystander. Police were called,
and the perpetrator was charged with incitement of racial hatred. The
case was pending at year's end.
On March 27, a man and two women were beaten on a subway station
platform in Berlin. The three were approached by a man who asked if
they were Jewish. He reportedly returned with a group of youths who
attacked the three, beating and kicking them and hitting them over the
head with beer bottles.
On April 16, a neo-Nazi physically attacked a 17-year-old Israeli
in Laucha, Saxony-Anhalt. The Israeli was only slighly injured and was
able to escape with the help of a passerby. The offender, a 20-year-old
neo-Nazi, was sentenced to eight months in prison and a 360 euro ($479)
fine by the Naumburg regional court on August 31.
On June 19, a group of children and teenagers threw stones at
members of a Jewish dance troupe and used a bullhorn to scream anti-
Semitic remarks at them, forcing them off stage during a neighborhood
street festival in Hanover, Lower Saxony. One of the dancers was
injured, and the dance group subsequently ended their performance. The
assailants were reportedly of Lebanese, Palestinian, Iraqi, Iranian,
and Turkish origin. Politicians and local associations responded in
outrage and disbelief to the incident. The police identified nine
suspects shortly after the incident.
On June 27, neo-Nazis attacked a 23-year-old man in Berlin-
Oberschoeneweide and injured him seriously. On October 13, the state
police searched four apartments in Berlin Marzahn-Hellersdorf and
Pankow and arrested four young men suspected of having committed the
attack. The police found clothing they wore during the attack and neo-
Nazi CDs. Arrest warrants were issued for the two suspects.
On October 13, a group of juveniles insulted three Jewish teenagers
using anti-Semitic slogans on a public bus in Cologne-Pesch (North
Rhine-Westphalia). When the Jewish teenagers left the bus, they were
spit on and kicked. Police were investigating four suspects, ages 11 to
15.
The most widespread anti-Semitic acts were the desecration of
Jewish cemeteries or other monuments with graffiti that included the
use of swastikas. Incidents during the year included the following:
On May 2, unknown persons damaged a majority of the gravestones at
a Jewish cemetery in Gangelt, North Rhine-Westphalia.
On June 15, unknown persons spray-painted five gravestones and a
wall at a Jewish cemetery in Babenhausen, Hesse, with swastikas.
On August 29, unknown persons set fire to the door of the funeral
hall of the Jewish cemetery in Dresden. Firefighters were able to
extinguish the fire. The police had no suspects but did not rule out
neo-Nazi involvement.
On November 19, vandals damaged the historic Jewish cemetery in
Wattenscheid (North Rhine-Westphalia). More than 25 gravestones were
pulled down and smeared with paint, swastikas, other Nazi symbols, and
Anti-Jewish slogans. The vandals also painted swastikas on a
commemorative plaque of the former synagogue and on a glass stele
commemorating the Shoa victims in other parts of the city. A police
investigation was underway.
Other Jewish properties were also subject to anti-Semitic vandalism
during the year:
On the night of May 16, unknown persons doused a synagogue in Worms
with flammable liquid and set it on fire, leaving a blackened exterior
but no major damage. Forensics experts later identified eight sources
of fire at the crime scene. The perpetrators also threw a Molotov
cocktail through the window of the synagogue's library. Police found
eight copies of a note that stated, ``As long as you do not give the
Palestinians peace, we are not going to give you peace.'' Rhineland-
Palatinate's Minister-President Kurt Beck condemned the attack.
On July 28, visitors to the Web site of the Buchenwald/Mittelbau-
Dora Concentration Camp Memorial foundation were redirected to a Web
site denying the Holocaust. Another foundation Web site was deleted.
According to the foundation, the attackers left behind messages such as
``brown is beautiful'' and ``We will be back.'' The Federal Office of
Criminal Investigation began an investigation that continued at year's
end.
On August 29, there was an arson attack against the funeral hall of
the Jewish cemetery in Dresden- Johannstadt (Saxony). The unknown
perpetrators also set fire to the entrance door. An investigation was
pending.
On October 30, unknown perpetrators attacked the new synagogue in
Mainz (Rhineland-Palatinate). The perpetrator threw a Molotov cocktail
at the synagogue, but missed the building. There were no injuries and
no damages. An investigation was pending at year's end. The synagogue
had been inaugurated on September 3 with a ceremony that included
numerous high-level figures, including President Christian Wulff,
Cardinal Lehman of Mainz, and Rhineland-Palatinate Minister-President
Beck.
On December 7, unknown perpetrators defaced a memorial for the
former Jewish synagogue in Magdeburg (Saxony- Anhalt) and the wall of
the Israeli cemetery with Nazi slogans and symbols. The memorial for
the synagogue had been subjected to a similar attack on November 14. A
police investigation was pending at year's end.
During the year courts convicted persons for speech that denied the
Holocaust or was deemed offensive to Jews (see section 2.a.). On April
16, a court in Regensburg, Bavaria, upheld a lower court's conviction
of Richard Williamson, a bishop of the Saint Pius X Fraternity, for
inciting racial hatred after he denied the Holocaust during a 2008
interview with Swedish television while he was in Germany. The court
reduced his earlier fine of 12,000 euros ($16,080) to 10,000 euros
($13,400).
On November 3, it was reported that police arrested 22 persons
suspected of spreading neo-Nazi ideology in a major action against the
far-right Internet radio station Widerstand-Radio (Resistance Radio).
In an operation involving 270 officers, police raided 22 premises
across 10 of the country's 16 states, confiscating numerous computers
and telephones.
During the year the prosecutor general in Gera, Thuringia, opened
investigations against Karl-Heinz Hoffmann (founder of the
Wehrsportgruppe Hoffman, which was banned in 1980) and five neo-Nazis
in Thuringia suspected of having illegally procured explosives. On
October 6, police searched Hoffmann's apartment and two other locations
in Nuremberg (as well as 16 sites in Thuringia, Saxony, and Bavaria)
and confiscated computers and other material. According to victims'
advocacy groups, crimes committed by far-right extremists in Thuringia
almost doubled over the five years ending in 2009. The advocacy groups
contended that authorities appeared prepared to look the other way.
In August 2009 then interior minister Thomas Schaeuble appointed a
group of experts on anti-Semitism to provide a regular report on anti-
Semitism in the country, to coordinate government activities to combat
anti-Semitism, and to submit an action plan to combat the problem. The
group's report had not been released at year's end.
On August 18, the city, the church, and most local social
associations, including sports clubs, of Laucha (Saxony-Anhalt)
countered a neo-Nazi demonstration held on the same day by organizing
``a day of humanity.'' More than 100 persons, among them Saxony-
Anhalt's Interior Minister Holger Hovelmann (SPD), attended discussions
and music performances in the church of Laucha. The neo-Nazi
demonstration was held to protest the dismissal of the coach of the
town's youth soccer team, Lutz Battke, a member of the town council and
the NPD. Concern about the influence of Battke's views on the children
he coached increased with the attack on an Israeli by a man who had
trained with Battke for many years (see above).

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The constitution prohibits
discrimination against persons with physical, or mental disabilities in
employment, education, access to health care, and the provision of
other federal state services, and the Government effectively enforced
these provisions. The relevant law, enacted in 2006, makes no specific
mention of persons with sensory or intellectual disabilities but these
are believed to be subsumed under the other headings. However, the
federal states of Bavaria, Baden-Wuerttemberg, North Rhine-Westphalia,
and Saxony limited the number of children with disabilities attending
secondary schools. For example, in Baden-Wuerttemberg 54,200 students
with disabilities were required to go to special schools, which often
prevented them from attending secondary school. During the year only
15.7 percent of children with disabilities attended regular schools
together with children without disabilities. While special schools are
often better equipped to take special care of students with
disabilities, critics argued that such separation prevented the full
integration of children with disabilities into the professional world
and society as a whole.
The number of schools and day care facilities that accommodated
both children with disabilities and children without disabilities
increased from 7,789 in 1998 to 14,143 in 2008, while the number of day
care centers and schools exclusively for children with disabilities
decreased from 691 in 1998 to 378 by mid-2008.
In July 2009 the Government released a report on the status of
persons with disabilities which indicated that unemployment among
persons with disabilities decreased by more than 14 percent between
2005 and 2008. The proportion of employees with disabilities in the
workforce increased from 7.3 percent in 2005 to 8.5 percent in 2006. In
2007-08, 72 percent of all juveniles with disabilities, who were
eligible to do so, started professional training.
The Government promoted the employment of handicapped persons
through a number of measures. For example, employers with a mimum of 20
employees must hire persons with disabilities to fill at least 5
percent of all positions, facing a fine if they do not comply.
The federal government has developed guidelines for barrier-free
public buildings and for modifying streets and pedestrian zones to
accommodate persons with disabilities. All 16 federal states have
incorporated these guidelines into their building codes. Almost all
federal buildings (98 percent) complied with the guidelines for a
barrier-free environment. The federal government provided payments of
518.2 million euros ($689 million) per year through 2019 to the states
to support barrier-free buildings. Efforts were continuing to improve
further barrier-free access in public transportation.
By law the federal government is required to provide barrier-free
access to communications, especially in the field of administrative
Internet sites and official forms and notifications.
In 2008 there were eight violent right-wing extremist crimes
against persons with disabilities; there were 45 such crimes between
2001-08.
Under the law, the federal commissioner for matters relating to
persons with disabilities is the principal government contact in all
matters related to persons with disabilities and has specific
responsibility for protecting the rights of persons with disabilities.
The Ministry of Labor and Social Affairs; the Ministry of Family,
Senior Citizens, Women, and Youth; and the Ministry of Transport,
Building, and Urban Affairs also have responsibility for addressing the
needs of persons with disabilities.

National/Racial/Ethnic Minorities.--Beatings and harassment of
foreigners and members of racial minorities remained a problem
throughout the country.
The FCO defined ``politically motivated crimes'' as offenses
related to the victims' ideology, nationality, ethnicity, race, skin
color, religion, world view, ancestry, sexual orientation, disability
status, appearance, or social status. The FOPC report listed 156 right-
wing extremist organizations and groups. Authorities estimated that, as
of the end of 2008, there were approximately 30,000 persons who either
belonged to one or more of these groups or were right-wing extremists
without an organizational affiliation.
The FOPC report for 2009 recorded 18,750 right-wing ``politically
motivated crimes'' by extremists (a decrease of 5.8 percent compared
with 19,894 in 2008). These included 891 violent crimes (a decrease of
14.5 percent compared with 1,042 in 2008). Of these crimes, 351 were
xenophobic acts and 31 were anti-Semitic. The Federal Criminal
Investigation Office defines politically motivated crimes as offenses
related to the victims' ideology, nationality, ethnicity, race, skin
color, religion, worldview, ancestry, sexual orientation, disability
status, parents, or social status. The 2009 FOPC report included 4,734
left-wing politically motivated crimes, 707 committed by foreigners,
and 761 other types. The report listed 195 right-wing extremist
organizations and groups (156 in 2008). Authorities estimated
membership in these groups, plus right-wing extremists who remained
unorganized, to be approximately 26,600 (30,000 in 2008). For example:
On February 29, three neo-Nazis attacked a foreigner in Frankfurt.
The police arrested three suspects that belong to the right-wing group
Freie-Kreefte Schwalm-Eder, a neo-Nazi group in the north of Hesse.
On August 7, a man from Niger was brutally beaten and kicked by two
drunken persons in a pub in Weissenfels, Saxony Anhalt. The victim was
treated in a hospital and released. Police suspected xenophobic
motivations for the attack as both the victim and a woman who wanted to
help were verbally attacked with racist remarks. A police investigation
was pending at year's end.
On December 9, the Islamic Cultural Center of Iranians in Berlin-
Brandenburg, located in Berlin-Tempelhof, was subject to an arson
attack. The center's facade was damaged, but no one was injured. Berlin
police have created a special working group to investigate a series of
attempted arson attacks against six Muslim religious institutions, most
of whose worshippers were immigrants or offspring of immigrants, during
the year.
To address right-wing extremism, authorities conducted a variety of
educational programs to promote tolerance, many focusing on anti-
Semitism and xenophobia. The Federal Ministry of Family, Senior
Citizens, Women, and Youth implemented three complementary federal
programs to combat right-wing extremism: Diversity is Good, a 19-
million-euro ($25.3 million) per year program designed to train youth,
educators, and immigrants about right-wing extremism, anti-Semitism,
and xenophobia; Competent for Democracy, a five-million-euro ($6.7
million) per year network to provide counseling in conflict situations;
and Places of Diversity, a network of organizations, including
political parties, media outlets, churches, and businesses to promote
tolerance and democracy.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Many lesbian, gay, bisexual,
and transvestite (LGBT) rights groups reported no impediments to their
operation or free association. During the year several gay pride
marches occurred around the country without hindrance. However, the
Government reported 164 crimes motivated by a bias against sexual
orientation, of which 45 were violent crimes, in 2009 in the OSCE's
report, Hate Crimes in the OSCE Region, and media and other reports
indicated that societal and job-related discrimination against LGBT
persons occurred but was rare.
According to a study by the Berlin antiviolence project MANEO, more
than 35 percent of LGBT persons surveyed nationwide experienced some
form of violence between April 2008 and April 2009 because of their
sexual orientation. The survey indicated that only approximately 11.9
percent of cases were registered with the police.
The number of reported attacks against LGBT persons in Berlin
decreased during the year to 80, compared with 98 in 2009, although the
number of violent attacks increased from 33 to 35. Police assumed, and
other evidence indicated that many other cases went unreported. The
Berlin antiviolence project MANEO maintained an emergency hotline for
victims, which was used by 186 persons in 2008 and by 225 persons in
2009.
On June 27, a group of four young men committed separate attacks
against four LGBT persons in a park in Berlin-Friedrichshain. The four
LGBT persons were asked whether they were gay, and before they could
answer, they were slapped and kicked. All victims were slightly
injured, but none required hospital treatment. A police investigation
was initiated.

Other Societal Violence or Discrimination.--There was
discrimination against persons with HIV/AIDS. The Government worked
with NGOs, religious groups, and businesses to educate the public about
HIV/AIDS and its prevention.
Section 7. Worker Rights

a. The Right of Association.--The constitution provides for the
right of employees to form and join unions of their choice without
excessive requirements or previous authorization. During the year
approximately 21 percent of the workforce was unionized. The
overwhelming majority of organized workers belonged to eight unions
largely grouped by industry or service sector and affiliated with the
German Trade Union Federation, the country's main trade union umbrella
organization. The constitution permits unions to conduct their
activities without interference, and the Government generally respected
this right in practice.
The constitution provides for the right to strike for all workers
except civil servants (including teachers) and staff in sensitive or
essential positions, such as members of the armed forces. Workers not
allowed to strike had legal recourse through the courts to protect
their rights. The law prohibits retaliation against strikers, and the
Government generally enforced this law.

b. The Right to Organize and Bargain Collectively.--The
constitution protects the right to collective bargaining, and
agreements are governed by law. The Government generally respected this
right in practice. Collective bargaining agreements covered
approximately 65 percent of the labor force in the western part of the
country and approximately 51 percent in the east. Collective agreements
are only binding for trade union members and their respective employer
associations; however, many employers of nonunion labor also made use
of the agreements to determine part or all employment conditions of
their employees. Collective bargaining agreements negotiated with
public service employees are usually extended to civil servants via
legislation, although such extensions did not always include all of the
provisions of those agreements.
Antiunion discrimination and other forms of employer interference
in union functions are prohibited by law and were not widespread.
However, the International Trade Union Confederation reported that
discriminatory tactics of some employers included targeted dismissals,
demotions, transfers, and discrimination in recruitment.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The constitution and
federal statutes prohibit forced or compulsory labor, including by
children; however, there were reports that forced labor occurred. Also
see the Department of State's annual Trafficking in Persons Report at
www.state.gov/g/tip

d. Prohibition of Child Labor and Minimum Age for Employment.--
Comprehensive legislation protects children from exploitation in the
workplace, and the Government enforced these laws.
The law prohibits the employment of children younger than 15 with a
few exceptions: children 13 or 14 years of age may do farmwork for up
to three hours per day or deliver newspapers for up to two hours per
day, and children three to 14 years of age may take part in cultural
performances under strict limits on the kinds of activity, number of
hours, and times of the day. Exploitative child labor was not a serious
problem, although violations did occur mainly in small, often family-
owned businesses such as bars, restaurants, and grocery stores.
The Federal Ministry of Labor and Social Affairs enforced the law
effectively through its Factory Inspection Bureau.

e. Acceptable Conditions of Work.--The country does not have a
statutory minimum wage; however, binding minimum wages have been
established in 16 sectors of the economy, including construction,
electrical trades, painting, postal service, waste management, large-
scale laundries, and special mining services. In August new national
minimum wages for some 800,000 nursing care workers came into force.
The regulation applies to all employees regardless of the country of
origin of their employers. The minimum wages in the various sectors
generally provided an adequate livelihood for a worker and his family.
Minimum wage rates set by collective bargaining agreements are
enforceable by law and covered an estimated 60 percent of all wage
earners. Individual contracts or company-level contracts negotiated by
worker representatives who were not necessarily members of unions
covered the remaining 40 percent of the workforce.
The law provides for equal treatment of foreign workers, who
generally worked in conditions equal to those of citizens; however,
such workers faced some wage discrimination. For example, some schools
paid foreign teachers less than their citizen counterparts. Employers
also often paid lower wages to seasonal workers from Eastern Europe who
came to the country on temporary work permits. At times employers paid
workers from other EU countries the same wages they would receive in
their home country, even if the corresponding citizen worker would
receive a higher wage.
Federal regulations limit the workweek to 48 hours, but collective
bargaining agreements may stipulate lower maximums. Contracts that
directly or indirectly affected 80 percent of the working population
regulated the number of hours of work per week. According to the
European Labor Force Survey, the average full-time employee's workweek
was 39.8 hours for women and 41.0 hours for men in 2009; rest periods
for lunch were accepted practices. Provisions for overtime, holiday,
and weekend pay varied depending upon the applicable collective
bargaining agreement.
An extensive set of laws and regulations governs occupational
safety and health. In practice a comprehensive system of worker
insurance carriers enforced safety requirements in the workplace. The
Federal Ministry of Labor and Social Affairs and its counterparts in
the federal states effectively enforced occupational safety and health
standards through a network of government bodies, including the Federal
Institute for Occupational Safety and Health. At the local level,
professional and trade associations--self-governing public corporations
with delegates representing both employers and unions--oversee worker
safety. The law provides for the right to refuse to perform dangerous
or unhealthy work without jeopardy to continued employment.

__________

GREECE

Greece is a constitutional republic and multiparty parliamentary
democracy with an estimated population of 11 million. In October 2009
the Pan-Hellenic Socialist Movement (PASOK) won a 10-seat majority in
the unicameral Vouli (parliament) in elections regarded as free and
fair, and George Papandreou became prime minister. Security forces
reported to civilian authorities.
Human rights problems reported during the year included: alleged
abuse by security forces, particularly of undocumented immigrants;
overcrowding and harsh conditions in some prisons; detention of
undocumented migrants in squalid and overcrowded conditions; some legal
restrictions on freedom of speech; restrictions on religious freedom;
detention and deportation of unaccompanied or separated immigrant
minors, including asylum seekers; inadequate reception capacity or
legal aid for asylum seekers and refugees; domestic violence;
trafficking in persons; discrimination against Roma and exploitation of
Romani children; limits on the freedom of some ethnic minority groups
to self-identify; and discrimination against and social exclusion of
ethnic minorities, along with incidents of anti-Semitism.
Parliament passed legislation early in the year that permits legal
immigrants to vote in municipal elections; a relatively small
percentage of legal immigrants took advantage of the legislation and
voted in the November local elections.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
Amnesty International alleged that in April 2009, in the port of
Igoumenitsa (western Greece), a coast guard officer severely beat a
Kurdish Iraqi migrant, who died four months later because of his
injuries. An investigation was ongoing at year's end.
Amnesty International asserted that in October 2009 a Pakistani
migrant died 14 days after being subjected to torture during his arrest
and detention in a police station in Piraeus (port city adjoining
Athens). The police opened a criminal investigation, which was ongoing.
In October a Fokida (central Greece) court announced its decision
in the trial of two police officers charged with intentional homicide
and complicity in homicide in the 2008 killing of 15-year-old
Alexandros Grigoropoulos in Athens. The killing had set off weeks of
riots and demonstrations by youths and self-styled anarchists in cities
across the country. The court sentenced one officer to life
imprisonment and his partner to ten years in prison; both appealed the
ruling, arguing they received an unfair trial, but the appeal date has
not been set.
In June an unnamed group claimed responsibility for killing a 52-
year-old police officer in a bomb attack against the Ministry of
Citizen Protection. An investigation was ongoing at year's end.
On May 8, a group of protestors who opposed the country's economic
reform program firebombed a bank in central Athens and reportedly
prevented occupants from leaving the building, resulting in the death
of three persons--including one pregnant woman--trapped inside. A
criminal investigation of the killings was ongoing, but there were no
arrests by year's end.
No minefield-related deaths were reported during the year. On
February 4, the Council of Europe's commissioner for human rights
published a report stating that since 1995, mines had killed at least
108 persons and severely injured 187 others attempting to cross the
border through marked minefields in the Evros area along the Greek-
Turkish border.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices and provides safeguards
for criminal suspects and undocumented immigrants in detention.
However, during the year several international organizations and
nongovernmental organizations (NGOs) reported abuse by police personnel
and the coast guard, particularly of undocumented immigrants, asylum
seekers, and Roma.
In October 2009 police guards reportedly severely beat several
asylum seekers and immigrants, including a 17-year-old Palestinian, who
were protesting detention conditions and length of detention in the
Paghani (Lesvos) detention center. During the investigation, some
witnesses reported intimidation by the police.
In January witnesses alleged that a coast guard officer struck an
immigrant with a club and severely injured his finger.
On May 9, according to Amnesty International, local NGOs, and the
media, a group of vigilantes that included members of the far-right
group Golden Dawn attempted to storm an abandoned courthouse in the
center of Athens occupied by illegal immigrants. Human rights activists
were injured in the ensuing fighting.
NGOs working to support immigrants' rights accused the police of
physical and verbal abuse as well as the destruction of personal
property and documents during sweeps and identity checks. The deputy
ombudsman for human rights stated that police continued to conduct
identity checks and body and vehicle searches based on racial
profiling, targeting specific neighborhoods where immigrants were known
to reside.
In November the Council of Europe's Committee for the Prevention of
Torture (CPT) released a report on its September 2009 visit to the
country's prisons and detention centers noting numerous complaints from
detained suspected criminals of alleged police abuse, such as kicks,
punches, and blows with batons, mainly during questioning by the police
but also during apprehension. Many inmates complained about the lack of
food and water, as well as bathroom facilities, during the transfer
between prisons. The report also stated that several illegal immigrants
complained about the physical force used by the police during
deportations. The report noted that effective access to a lawyer or
doctor was not consistently provided to detainees and stated that
``insufficient effort has been made to date to effectively investigate,
prosecute, and punish perpetrators of ill treatment.'' In particular,
the report emphasized that the Government continued to lack systematic
approaches to preventing abuses, such as an ``adequately resourced
police inspectorate'' or a ``credible, independent and effective police
complaints mechanism.'' On the other hand, the report noted the CPT
delegation ``did not receive allegations of deliberate physical
mistreatment of prisoners by prison staff.''
In contrast with years past, while Romani representatives
complained about the lack of response by the police officers to assist
in domestic disputes, they did not report any violence perpetrated by
police officers during the year.

Prison and Detention Center Conditions.--Conditions in prisons and
detention facilities did not meet international standards. According to
the CPT's November 17 report, ``the provisions in the 1999 Prison Law,
setting down the standards of accommodation and the norms for a safe
environment, including health and hygiene, to be provided to each
prisoner, were still not complied with,'' and the measures undertaken
to improve conditions of detention were limited in scope and not
proactive.
In his annual report in May, the deputy ombudsman for human rights
noted that the situation in prisons had become ``explosive'' and that
problems of the prison system, mainly caused by overcrowding, were
chronic, The ombudsman noted, as an example, the conditions at the
Ioannina prison (northwestern Greece), which he described as ``inhuman
and degrading.'' Due to the lack of space, the inmates did not have
adequate hygienic facilities and were either isolated or slept in bunk
beds in the hallways. The UN special rapporteur echoed the observations
in October and stated that some prisons he visited were severely
overcrowded, with inadequate ventilation and ``despicable'' sanitary
conditions.
The Ministry of Justice reported that as of June, the total prison
population was 11,674 (an increase of 310 from June 2009), while the
official capacity of the prison system was 9,103.
Poor prison conditions led to multiple prison protests during the
year at the Korydallos (Piraeus) prison hospital and at the Trikala
(Thessaly region) and Diavata (Thessaloniki) prisons.
The deputy ombudsman for human rights, NGOs, and media reported
that female prisoners continued to be subjected to systematic, invasive
body cavity searches. The CPT report stated that body cavity searches
on women are carried out not ``based upon a proper risk assessment but
as a routine measure.''
During the year the Office of the UN High Commissioner for Refugees
(UNHCR), the UN special rapporteur, the CPT, and NGOs asserted that
conditions in detention centers for undocumented aliens were
unacceptable and amounted to serious violations of human rights.
International organizations, the UN special rapporteur on torture, and
the local deputy ombudsman for human rights cited ``asphyxiating
``overcrowding at certain detention centers and police stations,
unhygienic facilities, a lack of outdoor and exercise space, and the
intermingling of unaccompanied minors with adults and female with male
detainees. NGOs and international entities reported that certain
smaller police and border guard stations had especially poor
conditions.
The CPT report further observed that the length of lawful detention
in many facilities had increased from 2008, with the number of staff at
the facilities visited remaining ``totally insufficient.'' For example,
the Fylakio and (the now-closed) Paghani centers had only six police
officers on duty during the day for 201 and 548 migrants being held at
that time in the respective institutions.
While a brochure on detainee rights was reportedly distributed in
multiple languages, some authorities reportedly failed to advise
detainees of their rights.
In an April 2009 statement, the Ministry of Justice stated that the
death of Katerina Goulioni, a female prisoner and prisoners' rights
activist (who died during transportation from Thiva women's prison to
another prison on Crete) was the consequence of a drug overdose. The
statement was based upon toxicology analysis reports by the Coroner's
Laboratory of the Medical University of Crete and the Patras General
Public Hospital that found the cause of death to be abuse of illegal
substances, specifically heroin.
There were a number of other specific reports during the year of
overcrowding and degrading and unhealthful conditions at detention
centers:
In February the Police Association of Achaia, Peloponnese, reported
that the conditions in the Patras police detention center were inhumane
and degrading, with up to 60 persons held in a cell intended for a
maximum of 14.
In July the deputy ombudsman for human rights noted in a report
that treatment of aliens at the detention center of the Athens airport
was inhumane and degrading and requested the authorities to take
immediate measures to alleviate the situation. Authorities committed to
disinfect the center, to replace filthy mattresses, and to expedite
construction of a new detention center.
According to a series of September press reports, overcrowding
remained a serious problem in many police detention centers, including
several in Athens, which held detainees beyond their capacity. In one
case the media reported severe overcrowding in detention centers at the
five border stations in the Evros region near the Greek-Turkish border
that received 250-300 undocumented migrants per day. Over 600 migrants
were held in Fylakio (capacity 300); and 400 in Venna (capacity 250).
The deputy ombudsman for human rights made a fact-finding visit to the
Venna detention center a month after an inmates' riot in February to
protest detention conditions; the results of the visit had not been
published as of year's end.
On December 6, Human Rights Watch (HRW) stated that conditions in
the detention centers visited in northern Greece ``clearly risk the
health and safety of detainees, and constitute inhuman and degrading
treatment.'' The organization alleged that the detainees could not lie
down to sleep due to overcrowding; the women and children were held in
the same cells with men; and the toilet facilities were so limited that
guards sometimes escorted detainees to ``defecate and urinate in nearby
fields.'' According to the HRW, at the beginning of December 120
unaccompanied migrant children (nine of them girls) were held among the
detainees in the Fylakio-Kyprinou detention facilities for periods
ranging from weeks to months. Officials reportedly told the HRW that
children had to be detained until a place in a reception center was
found.
The Government permitted monitoring of conditions at prisons and
detention centers by local and international humanitarian
organizations, such as the UNHCR, the CPT, Doctors without Borders, the
International Committee of the Red Cross, the Greek Council of
Refugees, Medical Intervention, and the deputy ombudsman for human
rights. The ombudsman for human rights conducted frequent short-notice
visits to prisons throughout the country. During the CPT's September
2009 visit, it gained unfettered ``rapid access to the places of
detention visited, was able to speak in private with those persons with
whom it wanted to meet, and was provided with access to the information
it required to carry out its task.''

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention. However, police continued to
conduct large-scale sweeps and temporarily detained large numbers of
immigrants, sometimes in crowded and squalid conditions, while
determining their residency status.

Role of the Police and Security Apparatus.--The police are
responsible for law enforcement and the maintenance of order within the
country, and the coast guard is responsible for law enforcement in
territorial waters. Both agencies are under the authority of the
Ministry of Citizen Protection. The police and the army jointly shared
law enforcement duties in certain border areas. Civilian authorities
generally maintained effective control over the police and coast guard,
but corruption and police impunity continued to be problems.
Based on a law that prohibits expression of racist ideas, human
rights NGOs filed in late March a protest letter with the Athens
prosecutor regarding a coast guard special operations unit (36 members)
that chanted racist slogans during the March 25 Independence Day parade
in Athens.
During the year police and coast guard personnel received training
from government ministries, regional and international organizations,
NGOs, and service academies. Subjects included antiracism,
antitrafficking and victim identification, asylum seeker recognition,
witness protection and interviewing, and crowd control.

Arrest Procedures and Treatment While in Detention.--The law
requires judicial warrants for arrests, except when made during the
commission of a crime, and prohibits arbitrary arrest. In practice
police did not always follow these provisions. Police are required to
bring detainees before an examining magistrate within 24 hours. The
magistrate has a maximum of 24 hours to issue a detention warrant or
order the detainee's release, and these provisions were observed in
practice. Pretrial detention may last up to 18 months, depending on the
severity of the crime. A panel of judges may release detainees pending
trial. Pretrial detainees made up approximately 30 percent of those
incarcerated and contributed to prison overcrowding, according to
figures provided by the Ministry of Justice. Some defense lawyers and
legal activists asserted that pretrial detention was supposed to be
reserved for exceptional cases but had become the norm. They also
asserted that the detention period was excessively long. Bail is
available for defendants detained on felony charges and for lesser
charges unless a judicial officer determines that the defendant is a
flight risk. The law provides detainees the right to contact a close
relative or third party, consult with a lawyer, and access medical
services. In felony cases the bar association provides lawyers to
indigent defendants. While detainees were generally informed promptly
of charges against them, foreign detainees on occasion did not have
access to a court-appointed interpreter. According to the CPT's report,
foreign detainees were given a packet informing them of their rights as
detainees in multiple languages, although this was not always done
promptly.
Individuals accused of misdemeanors could be tried under expedited
procedures that at times undermined defendants' basic rights due to the
brevity and swiftness of the trial. Although such defendants enjoyed
the right to counsel, the short time period limited defendants' ability
to present an adequate defense. Defendants may request a delay to
prepare a defense, but the court is not obliged to grant their
requests. Expedited procedures were used in less than 10 percent of
applicable cases.

e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected this
provision in practice; however, observers reported that the judiciary
was inefficient and sometimes subject to influence and corruption. The
judiciary sometimes acted more leniently toward those claiming a
political motivation for their acts of property destruction (professed
anarchists) than it did for others. For example, anarchists frequently
received suspended sentences in lieu of prison time or fines.
The ECHR has on several occasions criticized the country, including
twice during the year, for unreasonable length of litigation and
inefficiency of the court system.
During the year the UN independent expert on minority issues as
well as legal and human rights groups, including the GHM, reported that
Roma experienced difficulty accessing justice and faced excessive
delays in civil cases. Legal observers and NGOs reported discriminatory
attitudes and language directed towards Roma in court.

Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right. Defendants
enjoy a presumption of innocence. Trials are public in most instances,
and juries are used in all first and second-degree felony cases. The
law permits denial of the right to a jury trial in cases of violent
terrorism. Defendants have the right to be present at trial and to
consult with an attorney in a timely manner. An attorney is provided to
indigent defendants facing serious charges. Defendants may question
witnesses against them and present witnesses and evidence on their
behalf. Defendants and their attorneys have access to government-held
evidence relevant to their cases. They have the right to appeal.
Defendants who do not speak Greek have the right to a court-appointed
interpreter.
Some NGOs reported during the year that the quality and
availability of court interpreters for non-Greek speakers varied from
trial to trial.
The Government recognizes Sharia (Islamic law) as the law
regulating family and civic issues of the Muslim minority in Thrace.
Muslims married by a government-appointed mufti are subject to Sharia
family law. Many NGO and media reports characterized Sharia as
discriminatory against women, especially in child custody, divorce, or
inheritance cases. Members of the Muslim minority also have the right
to have a civil marriage and take their cases to civil court.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--In January the European
Court of Human Rights (ECHR) found that the country had violated the
provisions of the European Convention on Human Rights prohibiting
torture and excessively long legal proceedings in the case of a man who
alleged he was subjected to police violence during his arrest and
detention in 2001. On July 22, the ECHR ruled that the country had
violated the European convention's prohibition of inhuman or degrading
treatment and the right to liberty in its detention of a Palestinian
asylum seeker (see section 2.d., Refugees).
In 2009 the ECHR issued 69 judgments that found at least one
violation by the country of the European Convention on Human Rights.
The largest number of violations (41) involved the length of legal
proceedings. Other decisions involved the right to a fair trial (16
violations); the right to liberty and security (10 violations); the
right to an effective remedy (eight violations); the protection of
property (six violations); inhuman or degrading treatment (five
violations); the right to respect for private and family life (three
violations); and right to life/deprivation of life, freedom of
expression, and prohibition of discrimination (one violation each).
The country paid the fines levied by the ECHR.

Civil Judicial Procedures and Remedies.--There is a generally
independent and impartial judiciary in civil matters. The law provides
citizens with the ability to sue the Government for compensation for
alleged violations of rights.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit arbitrary
interference with privacy, family, home, or correspondence; however, in
practice these provisions were not always respected.
According to NGOs, the police and prosecutors conducted raids and
searches of Romani and immigrant neighborhoods, frequently entering
homes in search of criminal suspects, drugs, and weapons without
authorization. Local authorities allegedly threatened to evict Roma
from camps and tent dwellings during the course of the year.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and law generally
provide for freedom of speech and of the press, and the Government
generally respected these rights in practice. However, the law
prohibits speech that endangers the country's foreign relations;
spreads false information or rumors causing fear, rivalry, or division
among citizens; or incites citizens to disturb the peace or commit acts
of violence. In practice these legal prohibitions were seldom invoked.
In most criminal defamation cases, defendants were released on bail
pending trial without serving time in jail.
Individuals could criticize the Government publicly or privately
without reprisal, and the Government did not impede criticism.
The independent media were active and expressed a wide variety of
views without restriction.
The law provides for the Government to exercise ``immediate
control'' over radio and television stations in case of national
emergency and establishes ownership limits on media frequencies. State-
operated stations emphasized the Government's views but also reported
objectively on other parties' positions.
The law requires that radio and television stations broadcast
primarily in Greek and that radio stations broadcast 24 hours a day. It
sets minimum capitalization requirements and numbers of employees.
Members of the Muslim minority in Thrace stated that the law
discriminated against smaller, independent, Turkish-language stations.
In 2009 the Western Thrace Minority University Graduates Association
reported that the Government had begun to enforce the law, with one
Turkish-language radio station receiving a violation notice for
broadcasting in Turkish only.
The law allows any prosecutor to order the seizure of publications
that insult the president, offend any religion, contain obscenity,
advocate the violent overthrow of the political system, or disclose
military secrets. The Government did not enforce this law during the
year.
The law also provides for punishment of individuals who
``intentionally incite others to actions that could provoke
discrimination, hatred, or violence against persons or groups of
persons on the basis of their race or ethnic origin or who express
ideas insulting to persons or to groups of persons because of their
race or ethnic origin.''
In a July 28 proclamation, the Sect of Revolutionaries cell claimed
credit for the July killing of Sokratis Giolias, a popular blogger
journalist.

Academic Freedom and Cultural Events.--In general there were no
government restrictions on academic freedom or cultural events. There
were no reports of interference with cultural events of various ethnic
groups.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
and the Government generally respected this right in practice.

Freedom of Association.--The law provides for freedom of
association; however, the Government continued to place legal
restrictions on the names of associations of nationals who claimed to
be of ``Macedonian'' ethnic origin or that included the term
``Turkish'' (see section 6, National/Racial/Ethnic Minorities).
During the year international organizations and NGOs expressed
concern that the Government's practice with regard to association names
violated freedom of association. The ECHR ruled in October 2008 against
the Government's 1998 denial of registration to the organization ``Home
of Macedonian Culture.'' However, despite this ruling the Supreme Court
in June 2009 upheld an earlier appeals court decision that denied the
group registration; the group had not been registered by year's end.
In September 2009, the Appeals Court of Thrace rejected the
application of the ``Turkish Union of Xanthi'' for legal recognition
despite a March 2008 ECHR ruling that the country was violating the
freedom of association of the Muslim minority by refusing to recognize
the organization. The ECHR had also ruled against the Government's
refusal to register the ``Cultural Association of Turkish Women of
Rodopi.'' The ECHR upheld its decision in October 2008 following the
Government's appeal. In December 2008 the ``Turkish Union of Xanthi''
returned to court to seek recognition in line with the ECHR decision.
Upon rejecting the petition, the Appeals Court of Thrace stated that
the ECHR's ruling was not binding, the ECHR had neglected to consider
``political'' factors in its decision, Article 12 of the Union's
statute, which deals with ``Monitoring of Members' National and Social
Beliefs'' was in violation of Article 5 of the Greek constitution (an
issue not addressed in the ECHR ruling). The case was awaiting Supreme
Court's decision at yearend.

c. Freedom of Religion.--For complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
free movement within the country, foreign travel, emigration, and
repatriation for all citizens, and the Government generally respected
these rights in practice. However, immigrants with temporary residence
permits faced prolonged delays in renewing their permits and were,
therefore, sometimes denied the right to return to the country, thus
facing practical limits on their foreign travel.
The law prohibits forced exile, and the Government did not employ
it.
The law permits the Government to deprive a person of citizenship
for committing acts contrary to the country's interests for the benefit
of a foreign state. The historical number of such cases was reportedly
low, and there were no reports of new cases during the year.
Many of the estimated one million immigrants in the country were in
a semi-legal status, holding expired residency permits while going
through the process of renewal. Immigrants encountered difficulty
accessing government services if they did not carry current residency
permits. In addition, immigrants holding certain types of temporary
residency permits were given limited periods of time during which they
could leave the country and still return, effectively restricting their
ability to travel outside the country. During the year NGOs reported
multiple instances of immigrants subjected to summary deportation
without legal due process. The law provides for legalization of
undocumented immigrants who can prove by a visa stamp or possession of
a tax roll number that they entered the country before 2005. However,
the ombudsman noted that this system of legalization remained
disorganized and that there was no database of residence permit
holders.

Protection of Refugees.--The country's laws provide for the
granting of asylum and humanitarian protection. While the Government
has established a system for providing protection for refugees, it was
widely seen as inadequate, given the large numbers of illegal
immigrants entering the country.
In November 2009 the Government announced its decision to reform
the asylum process and create a committee of experts to propose
recommendations for overhauling the country's asylum process and for
setting up a new independent agency for processing asylum claims. The
committee produced a report at the end of 2009, and new legislation on
refugees was signed in late September. The new legislation requires
that asylum decisions be issued within three months in an accelerated
process, and within six months for regular applications.
Despite the new legislation, problems persisted. In September the
UNHCR, noting the absence of a functioning asylum system called on the
country to accelerate the implementation of asylum reform. The UNHCR
stated that conditions for asylum seekers in the country, which is one
of the principal entry points to the EU, were ``notoriously
difficult.'' Most asylum seekers were not identified as such and
received no assistance, resorting to living on the streets. On
September 21, the UNHCR stated that the situation for asylum seekers
constituted ``a humanitarian crisis which should not exist in the
European Union.''
In September Council of Europe Commissioner for Human Rights Thomas
Hammarberg stated that the country faced the challenge of dealing with
numbers of asylum applications beyond its capacities and that asylum
seekers continued to experience enormous difficulties in gaining access
to the asylum procedure, without the assistance of interpretation and
legal aid. He further observed that asylum seekers faced extremely
harsh conditions in the country, where the asylum law and practice did
not comply with international and European human rights standards. The
commissioner expressed his particular concern that asylum seekers
transferred to the country risked being returned to another country
where their life and health would be in danger. He also stressed that
detention facilities in the country were far from satisfactory.
In his May report, the deputy ombudsman for human rights echoed the
aforementioned concerns and also described the plight of unattended
minors who did not apply for asylum or who were refused asylum and not
granted protective status, thereby becoming subject to repeated
detention or to deportation.
Amnesty International, together with various NGOs, alleged in a
July report that in some instances authorities deported asylum seekers
without due process.
The country adheres to the Dublin II Regulation, under which a
signatory country--all signatories are European--may return asylum
seekers to the initial Dublin II country of entry. In September the
Council of Europe Commissioner for Human Rights called for revision of
the Dublin II Regulation on the grounds that countries such as Greece
were unable to provide adequate protection due to numbers of asylum
seekers that exceeded their capacity. The commissioner stated that the
``gravely dysfunctional asylum procedures in Greece have brought the
Dublin system to a genuine collapse.''
In January UN High Commissioner for Refugees Antonio Gutierrez
advised other European states not to return asylum seekers to the
country under the Dublin II Regulation pending the implementation of
asylum reforms. In September the UNHCR asked the EU to help the country
comply with international and European obligations with respect to
asylum.
The UNHCR reported that from January to October, asylum seekers
filed 6,576 first-instance applications; in the same period, the
Government reviewed 9,195 applications and appeals and accorded refugee
status to 24 applicants (0.26 percent) and special humanitarian status
to 30 (0.32 percent); 2,548 applications were rejected.
The UNHCR reported that in October the Government had a backlog of
5,929 unprocessed initial claims for asylum and approximately 46,500
appeals.
In practice the Government provided only limited protection against
the expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion. Many NGOs and international organizations reported that
authorities summarily deported illegal immigrants, including asylum
seekers, across Greek-Turkish land and maritime borders.
The UNHCR, Amnesty International, the UN special rapporteur on
torture, the European Commission against Racism and Intolerance (ECRI),
the deputy ombudsman for human rights, and Doctors without Borders all
expressed concern over the country's asylum policy and practices.
Specific problems included unacceptable living conditions; lack of
permanent reception facilities with decent living conditions; the use
of ad hoc facilities (primarily on islands where a boatload of refugees
arrived); underdeveloped systems to provide for refugee welfare;
insufficient counseling to assist in the integration of refugees and
asylum seekers; a lack of appropriate facilities for unaccompanied
minors who were potential asylum seekers; and deficient interpretation
and legal counseling for asylum seekers, especially at entry points.
Conditions for illegal immigrants and asylum seekers detained by
authorities were generally unsatisfactory. NGOs and international
organizations continued to criticize detention procedures and
facilities for refugees and asylum seekers as inadequate. All new
arrivals, without exception, were placed under a deportation order
without having the chance to first file for asylum, and detention was
continued even if an asylum application had been submitted.
Conditions for undocumented immigrants and asylum-seeking children
were particularly difficult. During the year local and international
NGOs, including Amnesty International, Doctors without Borders and the
UNHCR on several occasions, found unaccompanied minors incarcerated
along with adults in detention centers in the Aegean islands under
degrading, inhumane, and unsanitary conditions. The UNHCR reported that
an estimated 4,000 to 5,000 unaccompanied minors arrived in the country
each year. Unaccompanied immigrant children lacked safe accommodations
and legal guardians and were vulnerable to homelessness and labor
exploitation. In September 2009 the ECRI noted with concern that the
law allows for the deportation of unaccompanied minors and that
unaccompanied minors were served deportation orders with no specific
date of deportation and no interim accommodation centers for housing
them pending deportation. The deputy ombudsman for children's rights
informed the ECRI that social workers were responsible for the
guardianship of unaccompanied minors, but in practice this duty was not
carried out due to a lack of funds and guidelines.
On July 22, the ECHR unanimously held that the country had violated
Article 3 (prohibition of inhuman or degrading treatment) of the
European Convention on Human Rights by holding an asylum seeker in
squalid conditions in a detention center. In 2008 the coast guard
detained a Palestinian national and placed him in a detention center.
He alleged that he had been mistreated by the coast guard during his
detention and also complained about detention center conditions. He
alleged that he had not been informed of the possibility of appeal and
did not have the assistance of a lawyer or an interpreter. The ECHR
based its finding of a violation of Article 3 on living conditions in
the detention center where the applicant was held, the degrading
treatment accorded him, and the lack of diligence on the part of the
authorities in providing him with appropriate medical assistance. The
court also found that the treatment of the detainee violated convention
Article 5 (right to liberty and security).
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--The country held
parliamentary elections in October 2009; the elections were considered
free and fair. Opposition parties functioned freely and had broad
access to the media.
Approximately one-third of the Roma were not registered to vote.
Some Roma reported that local authorities deprived them of the right to
vote by refusing to register them.
According to the law, voting is mandatory for citizens over the age
of 18; however, there are many conditions under which citizens may be
exempted, and there was no penalty for not voting.
There were 51 women in the 300-seat parliament and three women in
the 17-member cabinet. A quota system requires 30 percent of all local
government candidates to be women. At the three highest courts, 14 of
61 Council of State justices, 28 of 59 Supreme Administrative Court
justices, and three of 62 Supreme Court justices were women.
There were two members of the Muslim minority of Thrace in the 300-
seat parliament; there were no minority members in the cabinet.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption. In the
past the Government had not been diligent in implementing the law, and
significant official corruption occurred with impunity. The 2009
Transparency International (TI) annual report noted that in 2008 more
than 13 percent of citizens bribed officials, primarily in health care,
tax, and urban planning agencies. The 2009 World Bank governance
indicators suggested that corruption is a serious problem.
The current government entered office in October 2009 with the goal
of increasing transparency and reducing official corruption. While the
Government has taken some concrete actions, the media, international
organizations, and NGOs continued to voice concerns about corruption.
In September the public prosecutor's office set up a new unit to
facilitate prosecution of economic/financial crimes in the public
sector. The unit was designed to work closely with the Financial and
Economic Crime Unit of the Ministry of Finance and the Internal Affairs
Division of the State Police, which was responsible for cases of
corruption across the public sector. The office's caseload included
alleged tax violations by a former minister, the Vatopedi monastery
land swap scandal, reports of financial mismanagement at a large Athens
hospital, and reports of bribery and the issuance of suspect
``winning'' lottery tickets.
The Government also continued to pursue an in-depth investigation
into judicial corruption and took steps to trace and apprehend corrupt
government procurement officials, tax collectors, and police officers.
Parliament conducted an investigation into the alleged land-swap-
and-sale scandal involving the ``Vatopedi'' Greek Orthodox monastery
and government officials. The Parliament decided in November to refer
three former ministers involved in the case to a special judicial
council that would determine whether they should be tried by a Special
Tribune.
Parliament also conducted an investigation involving alleged
malfeasance by government officials in financial dealing with the
German company Siemens. Parliament did not release the results of the
investigations during the year, and the cases remained open. The
country's largest opposition party contended that these cases were
highly politicized.
Police corruption continued to exist. During the year the police
Bureau of Internal Affairs took multiple disciplinary measures,
including dismissal and suspension, against officers involved in
corruption. The cases primarily involved forging documents, taking
bribes, illegal actions involving arms and explosives, illegally
releasing persons from custody, procuring, and violations related to
alien registration.
A number of cases were pending at year's end, including that of the
director and chief warden of prisons in Crete, suspended from duty in
July for alleged corruption and violations of the prison code, and an
Aliens Division police officer arrested in June 2009 for allegedly
taking bribes in order to accept asylum applications. Pending cases
from 2008 included corruption investigations against several judges, a
ring dismantled by the police's Bureau of Internal Affairs that
included law enforcement and intelligence officials, and the appeal of
a case involving eight Thessaloniki police officers convicted of
beating a Cypriot student in 2006.
There are income disclosure laws for high-ranking public officials
and members of parliament.
The constitution provides for the right of access to government-
held information. However, NGOs and media observers noted that access
to information was sometimes difficult in practice due to bureaucratic
delays.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Several NGOs reported
harassment or threats during the year. A leader of the antitrafficking
organization European Network of Women (ENOW) reported multiple threats
and media harassment related to a continuing appeals court case
involving an ENOW-supported witness and a convicted trafficker.
The law provides for an independent ombudsman. The Office of the
Ombudsman provided an effective means for citizens to report human
rights and religious freedom problems. The office received adequate
resources to perform its other functions, which included mediating
between private individuals and public administration and defending and
promoting children's rights.
There were five deputy ombudsmen who dealt, respectively, with
human rights, children's rights, citizen-state relations, health and
social welfare, and quality of life. The deputy ombudsman for human
rights received complaints during the year regarding the Government's
handling of residence and work provisions for immigrants; overcrowding
in prisons and detention centers for illegal aliens; unjustified
procedural difficulties in acquiring citizenship; excessive and
unjustified delays in processing applications by Muslims from Thrace to
recover citizenship lost under pre-1998 laws; arbitrary acceptance or
denial of asylum seekers' applications; discrimination against aliens;
and police brutality. Personnel of the ombudsman's office gained access
to several prisons during the year for unannounced inspections. The
volume of such problems has remained steady in recent years.
The Government-funded National Commission for Human Rights (NCHR)
is an autonomous human rights body. It is the Government's advisory
body on the protection of human rights and is composed of
representatives of the Government, labor unions, political parties,
organizations of civil society, independent authorities, and academics.
During the year it produced public reports (available on the Internet
in English) on citizenship, discrimination, and employment, as well as
camera surveillance in public areas, image and sound recording, DNA
analysis in criminal proceedings, and the national database of DNA
profiles. Regarding migrants and refugees, the NCHR noted progress
towards the effective integration of regular migrants and their
children in Greece via the new law on ``Greek Citizenship and the
Political Participation of Aliens of Greek Origin and of Regular
Migrants'' and stated that it would monitor the ongoing changes in the
asylum system.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and the law prohibit discrimination based on race,
gender, disability, language, or social status; however, the Government
did not protect these rights consistently in practice.

Women.--Rape, including spousal rape, is a crime. Conviction rates
for rape were low for first-time offenders, but sentences were robust
for repeat offenders. According to police statistics, 298 rape or
attempted rape cases were reported in 2009, and police arrested 252
rape suspects, 128 of whom were noncitizens. In 2008 police reported
287 rapes and attempted rapes. Medical, psychological, social, and
legal support was usually available to rape victims from the Government
and NGOs.
Domestic violence, including spousal abuse, continued to be a
problem. The General Secretariat for Gender Equality (GSGE), an
independent government agency, the UN Committee on the Elimination of
Discrimination against Women, and NGOs reported that domestic violence
was common. The law provides for prosecution by force of law, without
the need for a victim to press charges, for all domestic violence
crimes. Penalties range from two to 10 years' imprisonment, depending
on the gravity of the crime. The GSGE estimated that only 6 to 10
percent of domestic violence victims contacted the police and only a
small fraction of those cases reached trial.
The GSGE, in cooperation with the Ministry of Citizen Protection,
trained police on working with domestic violence victims. Despite
training efforts, the GSGE reported that police tended to discourage
women from pursuing domestic violence charges, encouraging them instead
to undertake reconciliation. NGOs reported that courts were lenient on
male offenders in domestic violence cases. Police stations generally
had a manual on how police should treat victims of domestic violence.
The GSGE provided counseling and assistance to domestic violence
victims. Two GSGE shelters for battered women and their children, in
Athens and Piraeus, offered services including legal and psychological
help. The GSGE operated a 24-hour emergency telephone hotline for
abused women, and the Ministry of Health and Social Solidarity operated
a hotline providing referrals and psychological counseling for victims
of domestic violence. The municipality of Athens, the Greek Orthodox
Church, and a variety of NGOs operated shelters and walk-in centers for
victims of domestic violence.
Government statistics on the extent of rape, domestic violence, and
spousal abuse were either unavailable or outdated. Data on
prosecutions, convictions, and prison sentences for rape and domestic
violence crimes were unavailable.
The law prohibits sexual harassment and provides for penalties
ranging from two months to five years in prison. However, in 2009 labor
unions reported that lawsuits for sexual harassment were very rare,
with only five cases since 2000. Government enforcement was generally
ineffective due to a lack of punishment for offenders.
In its annual study, the Center for Research on Gender Equality
Issues reported that the vast majority of women who experienced sexual
harassment in the workplace quit their jobs and did not file charges.
The center estimated that 30 to 50 percent of working women and 10
percent of working men experienced sexual harassment at their
workplaces during the year.
The Government generally respects the reproductive rights of
couples and individuals. Contraception was widely available in stores
and in hospitals, and the Government respected the rights of couples
and individuals to decide freely and responsibly the number, spacing,
and timing of their children. Public hospitals provide services free of
charge; consequently, any health issues typically surface only after a
woman returns to her community, which may have substandard facilities.
Both public and private hospitals provided modern skilled attendance
during childbirth. Women and men have equal access to diagnostic
services and treatment for sexually transmitted diseases. According to
data compiled by international organizations, the estimated maternal
mortality rate in 2008 was two deaths per 100,000 live births.
Muslim women in Thrace are subject to Sharia law as interpreted by
official muftis; their rights under family law, property law, and in
the judicial system are inferior to those of men. The Government
recognizes Sharia as the law regulating the family and civic issues of
the Muslim minority in Thrace, with trial courts in Thrace routinely
ratifying the muftis' decisions. The UN independent expert on minority
issues highlighted in February 2009 that the application of Sharia in
some instances subjected Muslim women to norms incompatible with the
constitution, legislation, and international standards, particularly
with respect to underage marriages (see section 6, Children). The UN
independent expert on minority issues noted in 2009 that the situation
of women in Romani and Muslim communities was of particular concern.
According to the UN report, Muslim women experienced severe
inequalities in access to education and consequently suffered
disproportionately high levels of illiteracy and unemployment.
In a February 2009 case, a Muslim woman sued the local mufti of
Xanthi for breach of duty for refusing to honor a custody agreement she
had previously signed with her husband. The agreement stipulated that
custody of the couple's only child would go to the mother. The woman
claimed that the mufti arbitrarily changed the terms of the agreement
by giving custody to the father. The case was pending at year's end.
In an unprecedented 2008 case, a trial court in Rodopi Prefecture
refused to ratify a mufti's decision that awarded a woman only a small
share of her parental inheritance, instead of the one-half share
provided by civil law. The court held that the law of the country and
European law should prevail over Sharia. The court stated that the
application of Sharia should not deprive the country's Muslim women of
their rights and should not be applied if it violated the basic
principles of the constitution regarding the equality of the sexes and
equality before the law. A final court decision regarding the division
of property between the woman and her brother had not been delivered by
year's end.
The National Commission for Human Rights advised the Government to
limit the powers of the muftis to religious duties and to stop
recognizing Sharia because it could restrict the civic rights of
citizens. Muslim female activists claimed that, because all Muslim
women in Thrace were married under Sharia, they were obliged to acquire
mufti consent to obtain a divorce. These decisions were based on
interpretations of Sharia that do not exist in written form and
therefore could not be appealed. Nevertheless, the courts routinely
ratified such mufti decisions.
Apart from the Muslim minority in Thrace, women have rights equal
to those of men, and the constitution stipulates gender equality.
The law provides for equal pay for equal work; however, according
to the European Commission, the gap between the salaries of men and
women in the country was 22 percent in favor of men. Although
relatively few women occupied senior private sector positions, women
continued to enter traditionally male-dominated professions, such as
law and medicine, in larger numbers. Women were underrepresented in
labor union leadership.

Children.--Citizenship is derived from one's parents at birth. A
single parent can confer citizenship to a child and Greece allows for
dual citizenship.
A new citizenship law passed in March gives citizenship rights to
alien children born in the country whose parents have lived legally and
permanently in the country for five years. Alien children born abroad
whose parents have lived legally and permanently in the country for
five years become citizens upon successful completion of elementary
education (six years). Foreigners arriving in the country after the new
law takes effect will have to fulfill a seven-year legal residency
requirement before they can apply for citizenship, which, together with
consideration procedures, may stretch the wait to a decade. The fee for
applying for citizenship was recently reduced to 700 euros ($1,000)
from 1,500 euros ($2,150).
The law gives immigrant children born in the country the right to
apply for long-term residence permits. NGOs estimated that of the
200,000 foreign children living in the country, only 30,000 could meet
the requirements of the law, which include a fee of 900 euros ($1,290),
a certificate of completion of the mandatory nine years of education in
the country, and two parents with legal residence permits.
Romani children continued to face social exclusion and
discrimination in education and lack of access to social services (see
section 6. National/Racial/Ethnic Minorities).
Violence against children, particularly against street children,
Romani children, and undocumented immigrants, was a problem. The law
prohibits corporal punishment and mistreatment of children, but
government enforcement was generally ineffective. Welfare laws provide
for treatment and prevention programs for abused and neglected children
as well as alternative family care or institutional placement for those
in need of it. However, government-run institutions were understaffed,
and NGOs complained that they did not have places for all children who
needed alternative placement. In 2008 the deputy ombudsman for
children's rights reported that the system of children's welfare and
protection was deficient overall and did not cover increasing needs. In
particular, social services were not appropriately staffed to handle
serious family problems, and welfare allowances and support for single
parent families were insufficient. In addition, the deputy ombudsman
noted that prosecutors for minors, who should by law take measures to
protect children in difficult situations, were overloaded with other
duties. Child protection institutions were understaffed and lacked
certification and sufficient qualified staff to provide care to abused,
refugee, or drug-abusing children.
After visits to the Children's Chronic Illnesses Institution in
Skaramangas (Attica), the Center for Care of Children of Lechaina
(Peloponnese), the Center of Rehabilitation of Children in Voula
(Athens suburb), the Institution for Chronic Illnesses of Children
``Saint Andreas'' of Rhodes, and the Asylum of Chronic Illnesses of
Children of Patras, the deputy ombudsman for children's rights reported
that, due to a lack of staff, children were sedated, tied to their
beds, or even confined in wooden cages to limit their movement.
Foster care systems were not adequately implemented, and the
process of adoption continued to take several years.
The legal age for marriage is 18. However, child marriage was
common within the Romani community, and there were a limited numbers of
marriages of persons under 18 among the Muslim minority in Thrace and
Athens, performed with the permission of the prosecutor. NGOs reported
that Romani women typically marry and have children at a very early
age, reportedly as young as 13. Child marriage was considered a
tradition in the Romani community but also resulted from a lack of
education and work opportunities. The state-appointed muftis, who may
apply Sharia in family matters, noted that they did not allow the
marriage of children under age of 15 and, in order to protect children,
required a prosecutor's decision to allow marriages involving a minor
between the ages of 16 and 18. However, in February 2009 the UN
independent expert on minority issues reported that child marriages,
which carried serious implications for the health, wellbeing, and life
choices of Muslim women, regularly took place unchallenged by the
national authorities.
According to law, the age of consent is 15 years of age for
heterosexual sex and 17 years for male homosexual sex. The law does not
specify an age of consent for female homosexual sex. The country
criminalizes sex with children under the age of 15.
The law prohibits the possession and circulation of child
pornography, treating this as a felony punishable by five to 10 years'
imprisonment.
According to the UN Children's Fund (UNICEF) and local NGOs, the
majority of street children (often indigenous Roma or Albanian Roma)
were exploited by family members, who forced them to work in the
streets, begging or selling small items. The Government took
insufficient steps to prevent this form of child exploitation. While
national statistics were unavailable, in June 2009 the NGO ARSIS
reported that it had found 638 street children in Athens and
Thessaloniki. In 2009 and 2010, according to ARSIS, there was a
significant rise in the total number of street children, especially
Romani children from Bulgaria and Romania. However, the number of
street children from Albania declined.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html as well as
country-specific information at http://travel.state.gov/abduction/
country/country--3781.html.

Anti-Semitism.--Local leaders estimated the Jewish community
numbered 5,000. Isolated expressions of anti-Semitism occurred,
particularly in the extremist press. On December 20, the Greek Orthodox
Church's Metropolitan Seraphim of Piraeus made anti-Semitic statements
on national television; they were immediately condemned by the
Government and other Church officials. There continued to be reports of
incidents of vandalism of Jewish monuments. In November the police
arrested two young men after finding Molotov bomb-making components in
their possession, and charged them with planning an arson attack on a
synagogue in Athens.
In May three perpetrators set fire to a tomb and painted anti-
Semitic graffiti on a number of tombstones, on alley walls, and on the
surrounding wall of the Jewish cemetery in Thessaloniki; the suspects
were arrested. During the same month, unknown perpetrators damaged the
Holocaust monument in Rhodes.
In June a university student painted a swastika on the Jewish
monument in Komotini (Thrace) and was subsequently arrested; his trial
was pending at year's end.
The Chania synagogue on Crete was destroyed after three arson
attacks between December 2009 and January. Police filed charges against
five suspects and arrested one, who was released in August due to lack
of evidence. The court suspended criminal prosecution against the five
suspects, deeming the evidence against them insufficient. The case may
be re-opened within five years from the time the crime was committed if
new evidence is presented.
The Government condemned all incidents of vandalism and desecration
and provided funds for the restoration of the Chania synagogue. The
police routinely investigated all such instances of vandalism and
desecration. Many ministers spoke out immediately and publicly against
the arson attack.
In May the Jewish community of Athens unveiled a Holocaust Monument
in central Athens during a special ceremony organized by the city and
the Jewish community. Government and political party representatives
attended commemorative events throughout the country for the Holocaust
Remembrance Day and issued public statements.
On September 26, the municipality of Chalkida (Central Greece)
unveiled a monument in honor of the World War II Jewish hero Colonel
Mordechai Frizis. The country's president and representatives of
various political parties attended the ceremony.
In 2007 the Greek Helsinki Monitor (GHM) and the Central Board of
Jewish Communities brought charges against the newspaper Eleftheros
Kosmos and former LAOS political party candidate Kostas Plevris for
racism and anti-Semitism. In March an appeals court vacated Plevris's
2007 conviction for inciting hatred and racial violence with his book
The Jews--The Whole Truth. A public prosecutor subsequently filed an
appeal with the Supreme Court against the decision, seeking to ensure
that it would not set a legal precedent. In April the Supreme Court
rejected the appeal.
In 2007 Plevris sued senior representatives of the local Jewish
community, journalists, and NGO activists for publicly criticizing some
of the judges who participated in the judicial proceedings against him,
allegedly disseminating false information through the medium of the
press, perjury, and aggravated defamation. The NGO activists were found
not guilty in a December 6 verdict. The trial of the journalists and
Jewish community representatives was scheduled for January 2011.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with physical and mental disabilities in employment,
education, access to health care, or the provision of other government
services; in practice government enforcement of these provisions was
uneven. The law mandates access to buildings for persons with
disabilities and special ramps for the sidewalks and means of public
transportation; however, authorities enforced this law poorly. Disabled
activists reported that, although special ramps for sidewalks were
being constructed throughout the country, sidewalks and special ramps
were overwhelmingly occupied by parked vehicles, thus hindering
accessibility for disabled persons. The general lack of accessibility
forced such persons to remain at home and led to serious social
exclusion.
Only 5 percent of public buildings were fully accessible to persons
with disabilities, with the majority of these in Athens; most buildings
with special ramps did not have accessible elevators or lavatories. The
deputy ombudsman for social welfare handled complaints related to
persons with disabilities, especially those related to employment,
social security, and transportation.
In 2009 the Ministry of Health and Social Solidarity estimated that
there were 180,000 children with disabilities with special educational
needs. The Teachers' Association estimated in 2009 that only 18,500 of
these children attended primary school and of these only 10 percent
would attend secondary school, due either to a lack of local special
education schools or a lack of accessibility. In 2009 the National
Confederation of Persons with Disabilities reported that the
educational system for persons with disabilities fostered
discrimination and social exclusion and, therefore, 90 percent of
children with disabilities were excluded from the mandatory nine years
of education.
The Confederation of the Disabled reiterated during the year that
education was not available for persons with serious disabilities and
many such persons were forced either to leave school due to lack of
accessibility or to accept a low quality education at the special
education schools. The confederation stated that only two of the 10
universities in Athens were accessible to persons with disabilities and
that 80 percent of children in special schools for children with
disabilities were housed in buildings unsuitable to their needs.
The Confederation of the Disabled estimated that the unemployment
rate of persons with disabilities was 84 percent in 2009 and
constituted the greatest social problem they faced.
Athens was selected to host the Special Olympics World Summer Games
in the summer of 2011.

National/Racial/Ethnic Minorities.--Roma continued to face
widespread governmental and societal discrimination, including alleged
police abuse, mistreatment while in police custody; regular raids and
searches of their neighborhoods for criminal suspects, drugs, and
weapons; limited access to education; and segregated schooling. Their
dwellings (in many cases shacks made of cardboard, plastic sheets, and
corrugated tin on the edge of city dumps) lacked running water,
electricity, or waste removal and were at times demolished by municipal
authorities. Government efforts to address these problems were
inconsistent, especially at the municipality level.
The law prohibits the encampment of ``wandering nomads'' without a
permit and forces Roma to establish settlements outside inhabited areas
and far from permanent housing. There were approximately 70 Romani
camps in the country. Local and international NGOs charged that the
enforced separation of Romani settlements from other inhabited areas
contravened the country's commitments under the International
Convention on the Elimination of All Forms of Racial Discrimination.
In his report on human rights, the deputy ombudsman for human
rights noted that in addition to the grave housing problem, Roma faced
very serious problems of access to education and employment. He stated
that very few indigenous Romani children attended school, that alien
Romani children did not go to school at all, and that government
projects to attract Romani children to education had very limited
success. In September the GHM stated that segregation of Romani
children in schools was a persistent phenomenon and noted the existence
of Roma-only schools throughout the country as well as the refusal of
school authorities in a number of areas to allow Romani children access
to schools.
In September the secretary for intercultural education intervened
in the case of two segregated schools, in Veroia and Ergochori
(Northern Greece), resulting in the acceptance of Romani children by
neighboring schools. The Ministry of Education acknowledged that Romani
children's attendance in school was limited and urged school directors
to ensure enrollment and unhindered school attendance of Romani
children. According to the European Union Agency for Fundamental
Rights' 2009 statistics, only 4 percent of Roma reported having
attended school for at least 10 years, and 63 percent were living in
segregated conditions, effectively cut off from mainstream society and
municipal services.
Romani children also continued to face social exclusion and lack of
access to social services, in part because they accompany their parents
who primarily work as wandering merchants or engage in selling scrap
materials. According to the ombudsman, Roma live in ``extremely
dangerous and unacceptable shacks'' in many areas, and government
housing projects for indigenous Roma have been largely unsuccessful.
In May the European Committee for Social Rights held that the
country violated Article 16 of the European Social Charter because a
significant number of Romani families continued to live in substandard
conditions, while others were forcibly evicted from their housing and
had insufficient access to the legal recourse generally available to
non-Roma. A similar March 2009 report by the UN independent expert on
minority issues offered the same criticism.
There was no follow-up to the April 2008 complaint concerning
Romani housing rights filed by the International Center for the Legal
Protection of Human Rights and the GHM against the country with the
European Committee of Social Rights.
In late September 2009 the deputy ombudsman for human rights urged
the Government to have local municipalities register Roma. Without
registration, according to the deputy ombudsman, Roma lacked access to
schools and other public services and faced severe challenges
integrating socially. Media reports indicated that at least half of
Roma were not registered with a municipality.
In April 2008 an academic researcher reported that life expectancy
for Roma was 55 years (compared to 79 for the rest of the population),
and that 90 percent of Romani children were not vaccinated, with the
rate of hepatitis B among Roma three times higher than among the rest
of the population. He further noted that the rate of incarceration for
Roma was seven times higher than that of the general population.
Media and NGOs reported multiple attacks on immigrants by far-right
extremist groups. NGOs and labor unions expressed deep concern over the
rise in racist violence committed by far-right groups. Among the
incidents and attacks reported were the following:
In March a gang of mostly teenagers set fire to a house in Sparta
(Peloponnese) where a group of Bangladeshi migrants slept; the youths
were charged with an arsonist and racist attack. In June in the Aghios
Panteleimonas neighborhood of Athens, right-wing extremists severely
beat a Pakistani immigrant and subsequently in September attacked an
activist for Doctors of the World. During the past two years, Aghios
Panteleimonas became the focal point for racist attacks, as immigrants
often fell victim to both physical and verbal attacks there. The
municipality of Athens closed down a playground in the area as a result
of clashes between migrants and right-wing extremists.
In July a group of approximately 60 extremists attacked migrants in
the neighborhood and vandalized migrant houses, two cafes, and a
makeshift mosque; a Bangladeshi immigrant was injured during the
attack. During the same month, a gang of 10 men reportedly beat four
Afghan immigrants with clubs after breaking into their home in
Areopoli, Peloponnese; the victims were hospitalized and later
discharged. In mid-September in Aghios Panteleimonas, local residents
held a protest march to the police station demanding that immigrants
leave the neighborhood. In November members of a right-wing extremist
group threw eggs and verbally insulted Muslims who were praying in a
public space during a religious holiday.
Immigrants, who made up approximately 10 percent of the total
population of the country, also faced widespread societal
discrimination and accused the police of physical, verbal, and other
mistreatment. They reported the confiscation and destruction of
personal documents, particularly during police sweeps to apprehend
undocumented immigrants.
In 2008 the ombudsman noted that delays in citizenship processing
were excessive and unjustified. The ombudsman reported that the
Ministry of the Interior and Public Order accepted few applications for
citizenship and that many applications were pending for years, even
when applicants met all requirements.
During the year municipal governments in Athens established
immigrant councils to foster dialogue on issues such as discrimination,
social benefits for immigrants, legalization, employment, and security.
Police officials met with representatives of the different immigrant
communities to discuss ways to combat discrimination and incidents of
police abuse. On December 12, the Athens Concert Hall and the Orthodox
Archdiocese of Athens organized a religious music concert in an effort
to ease anti-immigrant tensions in Aghios Panteleimonas. The President,
Education and Religious Affairs Minister, and other dignitaries
attended the event.
A number of citizens identified themselves as Turks, Pomaks
(Slavic-speaking Muslims), Vlachs (a Balkan minority group speaking a
dialect of Romanian), Roma, Arvanites (Orthodox Christians who speak a
dialect of Albanian), or Macedonians. Some members of these groups
sought to be identified officially as ``minorities'' or ``linguistic
minorities.'' The Government considers the 1923 Treaty of Lausanne as
providing the exclusive definition of minorities in the country and
defining their group rights. Accordingly, the Government recognizes
only a ``Muslim minority.''
Although the Government does not confer official status on any
indigenous ethnic group, nor recognize ``ethnic minority'' or
``linguistic minority'' as legal terms, it affirms an individual's
right of self-identification. However, many individuals who defined
themselves as members of a ``minority'' found it difficult to express
their identity freely and to maintain their culture. Use of the terms
Tourkos and Tourkikos (``Turk'' and ``Turkish'') is prohibited in
titles of organizations, although individuals legally may call
themselves Tourkos. Associations with either term in their name were
denied official recognition. To most ethnic Greeks, the words Tourkos
and Tourkikos connote Turkish identity or loyalties, and many ethnic
Greeks objected to their use by citizens of Turkish origin.
Pomak leaders filed a lawsuit against the local newspaper Millet
(published in Turkish) for libel, calling for the newspaper to pay a
total of 157,000 euros ($224,500) in damages to three different
claimants. In April 2010 the Appeals Court of Thrace ordered the
newspaper editors to pay a Pomak journalist 30,000 euros ($42,900) and
a Christian researcher on Pomak issues 60,000 euros ($85,800). The
then-head of the ``Cultural Association of Pomaks'' in Xanthi also sued
the same newspaper for libel and was awaiting a court date. The
newspaper owner responded he could not afford the compensation, and
some claimants were considering additional legal options. A local
Muslim mayor sued the same newspaper for libel. The case was heard in
2009 and the newspaper editor received a 15-month suspended sentence
and was ordered to pay 4,000 euros ($5,720) compensation to the
claimant. The editor appealed the decision and the appeal was pending.
Thessaloniki media reported in 2008 that two editors of Millet received
12-month suspended sentences for inciting hatred against the Pomak
community.
The Government did not recognize the existence of a Slavic dialect,
called ``Macedonian'' by its speakers in the northwestern area of the
country. However, a small number of Slavic speakers insisted on
identifying themselves as ``Macedonian,'' a designation that generated
strong opposition from other citizens. These individuals claimed that
the Government pursued a policy designed to discourage the use of their
language. Government officials and the courts denied requests by Slavic
groups to identify themselves using the term ``Macedonian,'' stating
that approximately 2.2 million ethnically (and linguistically) Greek
citizens also use the term ``Macedonian'' to identify themselves.
The UN independent expert on minority issues, in a March 2009
report, urged the Government to withdraw from the dispute over whether
there is a ``Macedonian'' or a ``Turkish'' ethnic minority in the
country. He advised focusing instead on protecting the rights to self-
identification, freedom of expression, and freedom of association of
those communities and on complying fully with the rulings of the ECHR
that associations should be allowed to use the words ``Macedonian'' and
``Turkish'' in their names and to express their ethnic identities
freely. The independent expert found that those identifying themselves
as ethnic Macedonians continued to report discrimination and
harassment. Representatives of this minority claimed they were denied
the right to freedom of association, citing unsuccessful efforts since
1990 to register the organization ``Home of Macedonian Culture'' in
Florina.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--According to law the age of
consent is 15 for heterosexual sex and 17 for male homosexual sex. The
law does not specify an age of consent for female homosexual sex. The
NGO Homosexual and Lesbian Community of Greece (OLKE), stated that the
higher age of consent for gays and the lack of any legal treatment of
female-to-female sex, constituted gender identity discrimination. OLKE
also criticized the country's laws against hate speech for not
including sexual orientation or gender identity.
The police provided adequate security for the annual Pride parade
in central Athens in June; there were no reports of impediments to the
march.
During the year OLKE alleged that police often abused and harassed
LGBTpersons and subjected them to arbitrary identity checks and body
searches in public places.
NGOs reported that societal discrimination based on sexual
orientation was widespread but focused on gay male relationships.
Transgender persons were exempt from military service on disability
grounds.

Other Societal Discrimination.--Observers indicated that
individuals with HIV/AIDS suffered from high social exclusion and a
loss of employment if they revealed their status.
In February 2009 the Supreme Court ruled against an HIV-positive
individual and in favor of his employer in a landmark HIV/AIDS
discrimination case. The individual revealed his HIV-positive status in
2005 and was subsequently fired. The Supreme Court ruled that the
dismissal was legal because his HIV-positive status caused negative
reactions from his coworkers and created a negative work environment.
The General Confederation of Greek Workers protested the Supreme
Court's decision, but there were no further developments. No such cases
were reported during the year.
Persons with HIV/AIDs were exempt from military service on medical
grounds.
Section 7. Worker Rights

a. The Right of Association.--The law provides that all workers,
with the exception of members of the military services, have the right
to form and join independent unions of their choice without any
previous authorization or excessive requirements, and workers exercised
this right. Approximately 30 percent of the labor force was unionized.
Agricultural employees, most of whom were foreigners, were not
unionized. The law allows unions to conduct their activities without
interference, and the Government protected this right in practice.
The law provides for the right to strike, and workers in the
private sector and in public corporations exercised this right in
practice. Police have the right to organize and demonstrate but not to
strike. There are some legal restrictions on strikes, including a
mandatory notice period of four days for public utility workers and 24
hours for workers in the private sector. The law mandates minimum staff
levels (as determined by management) during strikes affecting public
services. Courts may declare a strike illegal; however, such decisions
were seldom enforced. Unions complained that this judicial power
deterred some of their members from participating in strikes. Courts
declared some strikes (of transportation workers, air traffic
controllers, garbage collectors, dock workers, and others) illegal
during the year for reasons such as a failure by the union to give
adequate advance notice of the strike or the introduction of new
demands by a union during the course of the strike, but no workers were
prosecuted for striking. Numerous strikes took place during the year
involving private and public sector employees, public utility
employees, truck drivers, and garbage collectors. There were no
apparent government impediments to the right to strike.
In 2008 unknown persons attacked Constantina Kuneva, secretary of
the All Attica Union of Cleaners and Domestic Workers. The perpetrators
threw sulfuric acid in her face and forced her to swallow it. Unions
believed that the attack was a result of Kuneva's union activism and
her advocacy on behalf of migrant workers. The perpetrators were not
found and the judicial and police investigation was terminated in June.

b. The Right to Organize and Bargain Collectively.--The law
generally provides for the right to bargain collectively and unions
exercised this right freely. No antiunion discrimination was reported
during the year. All workers in Greece are covered by collective
bargaining agreements except for security and armed forces personnel,
whose salaries are unilaterally determined by the state. Civil servants
negotiate and conclude collective agreements with the Government on all
issues except for salaries, for which the Government has a
constitutionally provided prerogative. In December the Government
passed new legislation to implement the EU-IMF austerity plan that
allows workplace-level agreements to take precedence over sector-level
agreements. The legislation imposes a salary cap for employees of
public enterprises as well as a 10 percent salary cut for salaries
reaching a certain limit. The unions argued that the reforms would
weaken nationwide sectoral unions and diminish workers' bargaining
strength.
There are three export processing zones in the country. There are
no special laws or exemptions from regular labor laws in export
processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forced or compulsory labor, including by children; however, women,
children, and men were trafficked for commercial sexual exploitation or
for labor exploitation in agricultural and construction sectors. For
more information on forced labor, please see the Department of State's
annual Trafficking in Persons Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law protects children from exploitation in the workplace and prohibits
forced or compulsory labor; however, the Government did not adequately
protect children, primarily Roma, who were trafficked for commercial
sexual exploitation, or for begging, pick-pocketing or selling
merchandise on the street.
The minimum age for employment in the industrial sector is 15, with
higher limits for some activities. The minimum age is 12 in family
businesses, theaters, and the cinema. These limits were enforced by
occasional spot checks by the Labor Inspectorate and were generally
observed. Families who engaged in agriculture, food service, and
merchandising were often assisted by younger family members on at least
a part-time basis.
Child labor was a problem, although international and local
observers agreed that the number of working children had decreased
compared with previous years. A number of children begged or sold small
items in the streets. The Government and NGOs reported that the
majority of beggars were either indigenous Roma or Albanian Roma. Local
advocates for children estimated that a large number of the 150,000
children under the age of 18 who dropped out of school each year ended
up in the labor market, often in poorly paid and arduous positions.
Jobs for dropouts included washing cars, pumping gas, construction, and
low-level service sector employment.
In 2008 Human Rights Watch reported that unaccompanied immigrant
children, working mainly in the agriculture, construction, and garment
manufacturing sectors, were particularly vulnerable to labor
exploitation. The situation remained largely unchanged during the year.
There were reports that children from Albania were trafficked and
forced to beg, although this practice was reportedly less frequent
during the year. Some parents forced their children to beg for money or
used their children to elicit sympathy while the parents begged for
money.
The Labor Inspectorate is responsible for enforcing labor
legislation; however, trade unions alleged that enforcement was
inadequate due to Labor Inspectorate understaffing.

e. Acceptable Conditions of Work.--The national minimum wage of 33
euros ($47) per day and 740 euros ($1,060) per month was not enough to
provide a decent standard of living for a worker and family in urban
areas with higher living costs. Wages were officially the same for
local and foreign workers, but there were numerous reports of
exploitation of documented, and particularly of undocumented foreign
workers, by employers who paid low wages and made no social security
contributions. Workers in the shadow economy, estimated to comprise
approximately 25 percent of GDP, usually received less than the minimum
wage and had no social security coverage. The Labor Inspectorate
estimated in September that more than 35 percent of migrants were
getting salaries below the minimum and did not have social security
coverage. Legislation passed during the year allows employers to pay
workers under the age of 25 wages amounting to 84 percent of the
national minimum wage.
The maximum legal workweek is 40 hours in the private sector and
37.5 hours in the public sector. The law provides for at least one 24-
hour rest period per week, mandates paid vacation of one month per
year, and sets limits on the amount of overtime worked. Premium pay and
authorization by the Ministry of Employment and Social Security is
required by law for overtime work. The Labor Inspectorate is
responsible for enforcement of labor legislation; however, trade unions
alleged that enforcement was inadequate, especially in the construction
and public works sectors, due to insufficient inspectorate staffing.
The law provides for minimum standards of occupational health and
safety. The General Confederation of Greek Workers characterized health
and safety laws as satisfactory but stated that enforcement by the
Labor Inspectorate was inadequate. Workers do not have the legal right
to remove themselves from situations that they believe endanger their
health; however, they have the right to lodge a confidential complaint
with the Labor Inspectorate. Inspectors can close machinery or a
process for up to five days if they see safety or health hazards that
they believe represent an imminent danger to workers.

__________

HUNGARY

Hungary is a republic with a population of approximately 10 million
and a multiparty parliamentary democracy. Legislative authority is
vested in the unicameral parliament (National Assembly). The National
Assembly elects the head of state, the president, every five years. The
president appoints a prime minister from the majority party or
coalition. The National Assembly elections on April 11 and 25 were
assessed as free and fair, with the conservative Fidesz-Christian
Democrat (KDNP) coalition winning enough seats in the second round to
achieve a two-thirds majority. Fidesz's prime ministerial candidate,
Viktor Orban, took office on May 29. Security forces reported to
civilian authorities.
Human rights problems included police use of excessive force
against suspects, particularly Roma; new restrictions on due process;
new laws that expanded restrictions on speech and the types of media
subject to government regulation; government corruption; societal
violence against women and children; sexual harassment of women; and
trafficking in persons. Other problems continued, including extremist
violence and harsh rhetoric against ethnic and religious minority
groups and discrimination against Roma in education, housing,
employment, and access to social services.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings during the year.
In December 2009 the Somogy County Military Prosecutor's Office
pressed charges against 10 prison guards at the Kaposvar prison for
causing the death of a pretrial detainee and physically assaulting nine
other inmates in February 2009. Authorities fired three of the 10 and
suspended three others in April; one retired, and three remained in
office. The case was active at the Gyor-Moson-Sopron County Court at
year's end.
On September 3, the Budapest Prosecutor's Office charged a police
officer with using his service weapon to kill a man during a December
2009 robbery. The officer was suspended in December 2009, and the
Budapest Investigative Prosecutors' Office indicted him in the
Metropolitan Court on September 1. The case remained pending at year's
end.
During the year the Office of the Prosecutor continued its
investigation of Sandor Kepiro, who was convicted by Hungarian courts
in 1944 and 1946 for his role in the January 1942 Novi Sad massacre in
Serbia, in which more than 1,200 persons were killed, most of them
Jews. His punishment was never carried out. In 2006 the Simon
Wiesenthal Center discovered that Kepiro was living in Budapest, and in
2007 the Prosecutor's Office opened a new case against him. (A court
ruled that the records related to the previous verdict had been lost,
and thus the sentence could not be carried out.) On December 16, the
Pest Central District Court dismissed a countersuit by Kepiro. The
Jerusalem office of the Wiesenthal Center continued to criticize the
country for failing to bring Kepiro to justice.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
the Hungarian Civil Liberties Union (HCLU) reported that police often
verbally and physically abused suspects of Roma origin in certain areas
of the country, most frequently in the northeastern Borsod-Abauj-
Zemplen County.
On June 8, the Council of Europe's Committee for the Prevention of
Torture (CPT) released the report on its March-April 2009 visit to the
country. In its report the CPT delegation stated it received complaints
from a few recent police detainees of excessive use of force (i.e.,
kicks, punches) at the time of apprehension and tight handcuffing
during transport.
On March 8, the Budapest Metropolitan Court acquitted five police
officers of raping a woman in 2007. The court cited questionable
elements of the woman's story and determined that no crime had been
committed. The woman appealed the verdict. No further information was
available at year's end.
In December 2009 the prosecutor's office in Eger opened an
investigation into an allegation by a Romani man that five police
officers assaulted him. The case remained pending at year's end.
Between 2006 and 2009, authorities conducted 203 criminal
investigations of police misconduct in connection with large
antigovernment demonstrations and riots in Budapest and other major
cities in 2006. Prosecutors terminated their investigations in 171
cases, mainly because they could not identify individual perpetrators;
courts rejected the charges in eight cases; and the prosecutor pressed
charges in 20 cases. Courts found the defendants guilty of causing
bodily harm in 10 of these cases; the verdicts were not subject to
appeal. Of the other cases, three remained under investigation, and
three were transferred to the military prosecutor's office for action.
On May 20, the National Assembly created a subcommittee of its
Human Rights Committee charged with investigating crimes that may have
been committed by state officials between 2002 and 2010, particularly
during the 2006 antigovernment demonstrations. Former National Police
Chief Laszlo Bene admitted to the subcommittee that police had made
mistakes in their handling of the 2006 riots. On October 20, the full
Human Rights Committee approved the subcommittee's final report. The
report concluded that, ``between 2002 and 2010 the Government
repeatedly took illegal actions against those exercising their
political freedoms, banned a series of events of which police had been
properly notified, and failed to distinguish between the peaceful
exercise of fundamental rights and illegal forms of expression.''
Describing the events occurring in the autumn of 2006 as the
``culmination of this trend,'' the report criticized the Governments of
the period for failing to adopt policies that would permit dissent but
keep it within lawful bounds and failing to promote police
accountability by, for example, not requiring officers involved in
crowd dispersion to wear identification numbers.
On November 2, subcommittee chairman Gergely Gulyas filed his
report with Prosecutor General Tamas Kovacs thereby initiating an
investigation into three aspects of police behavior related to the 2006
events: the lack of disciplinary action against the Budapest police
chief, the absence of identification badges on police uniforms, and the
failure of the police to protect Hungarian National Television
employees when protestors entered their office building. The
investigations remained pending at the end of the year.
On September 13, the Government ordered the Ministry of Interior
and the Ministry of the National Economy to settle all registered and
established requests for monetary compensation related to unlawful
police actions during the 2006 demonstrations. As of October 22, the
Government had paid a total of 175,472,000 forint ($831,620) to 73
persons of the 101 whose claims it accepted as valid.
On September 21, the Supreme Court reversed an earlier decision and
ruled that the police action to break up an anti-government
demonstration in front of parliament in 2006 was illegal.

Prison and Detention Center Conditions.--Prison and detention
center conditions fell short of international standards in some areas.
The Government permitted visits by independent human rights observers.
Human rights nongovernmental organizations (NGOs) and prison
monitors repeatedly expressed concern about prison overcrowding. For
example, in its June 8 report, the CPT reported observing severe
overcrowding at the Borsod-Abauj-Zemplen Prison in almost all cells,
with up to four prisoners in cells of eight square meters (86 square
feet), 10 to 14 prisoners in cells of 25 square meters (269 square
feet), and up to 14 prisoners in cells of 32 square meters (344 square
feet).
According to the Hungarian Helsinki Committee (HHC), prison
overcrowding increased during the year. Shortages of bed linens,
towels, and clothing, and inadequate medical care remained problems.
Sanitation and toilet facilities were also poor in some instances. In
some prisons, toilets were not separate from living spaces. Many police
holding cells did not have toilets and running water; lighting and
ventilation were often inadequate.
In its June 8 report, the CPT indicated that it received several
credible accounts, supported by medical evidence, of staff mistreating
prisoners (by punches and kicks) at the Miskolc Prison and allegations
of mistreatment (by slaps, punches, and kicks) of prisoners at the
Tiszalok Prison. At the Tiszalok Prison the CPT heard one allegation
involving the unacceptable use of handcuffs (fixed behind a prisoner's
back and raised to inflict pain) that could be considered assault.
On November 18, a military court found a guard at the Budapest
Maximum and Medium Security Prison guilty of mistreating an inmate in
June 2009. The court sentenced the defendant to one year in prison but
agreed to three years' probation in lieu of the prison sentence. Both
prosecution and defense appealed the verdict. According to the HHC, the
same inmate alleged that following the verdict, a prison guard in the
Metropolitan Penitentiary Institution mistreated him while referring to
the conviction of his colleague. The appeals of the original case and
an investigation into the allegations of mistreatment by a second guard
were pending at year's end.
On May 7, the Metropolitan Court of Appeals upheld the conviction
of two prison guards of physical abuse in an official capacity when
they attacked an inmate in the Miskolc Prison in 2008. The court
sentenced one guard to eight months' imprisonment, suspended him for
two years, and demoted him in rank for one year. It fined the second
guard 87,500 forint ($414).
Both the HHC and the CPT noted that detainees who alleged physical
mistreatment were usually examined only by internal medical staff.
Further, on May 27, the national police chief ordered that medical
examinations could be conducted in the absence of law enforcement staff
only at the request of the detainee or the doctor, and only if
permitted by the senior guard supervisor.
According to the June 8 CPT report, conditions at police holding
facilities were generally adequate; however, the committee noted that
one prisoner in detention at the time of the visit was subjected to
degrading treatment. He was in the Budapest police central holding
facility in a high security ``cell'' that consisted of a barred area
within a single cell. Both the detainee and his sanitary facilities
were subjected to powerful round-the-clock spotlights and video
surveillance. In May 2009 authorities reportedly installed infrared
cameras so the spotlights could be turned off at night. However, the
CPT noted that the unscreened sanitary facilities remained in the field
of vision of video surveillance cameras and in full view of supervising
staff.
According to authorities, seven inmates had committed suicide as of
October 19. In each case, a mandatory investigation cleared prison
guards and other prisoners of any responsibility for the deaths.
On March 19, a man committed suicide in his cell at the Central
Police Holding Facility of the Budapest Police Headquarters one day
after his arrest. The deceased's sister noticed injuries on her
brother's body and face. On March 22, the Budapest Police Headquarters
launched its mandatory investigation. Simultaneously, the Budapest
Investigative Prosecutor's Office opened its own investigation into the
alleged mistreatment. Neither investigation was completed by year's
end.
On March 29, a 22-year-old woman committed suicide in the central
holding facility of the Budapest police headquarters. Authorities
placed the woman, a registered heroin user, in a cell alone, although
she had declared that she would rather die than go to prison. On July
12, the HHC appealed the results of the National Police Headquarters'
mandatory investigation that cleared prison guards of responsibility.
On August 11, the police revoked their initial decision and reopened
the case, which was pending at the end of the year.
According to the Hungarian Prison Service, the prison population
increased to 132 percent of capacity as of December 31, compared with
129 percent in 2009. On December 31, 16,366 inmates were in prisons and
detention centers. On July 19, the Government reopened the prison in
Solt to reduce overcrowding, increasing the capacity of the system by
288.
During the year human rights NGOs did not report any cases of
juveniles being held together with adults.
The law provides prisoners with a minimum of one 30-minute visit
per month. In practice, prison wardens decide the maximum length of
visiting time, which at most facilities is one hour. The law allowed
detainees phone calls in accordance with the technical capacity of the
individual penitentiary. The HHC reported that phone calls are
available in every institution, but their permitted length varies
significantly.
Authorities permitted prisoners and detainees to submit complaints
to judicial authorities without censorship and to request investigation
of alleged inhumane conditions. Human rights NGOs did not report any
complaints about censorship.
City and county prosecutors, under the supervision of the
prosecutor general, are primarily responsible for overseeing the
lawfulness of the deprivation of liberty as well as investigating
credible allegations of inhumane conditions. The prosecutor general
regularly monitored prison and detention center conditions. These
reports are not available to the public; however, the Office of the
Prosecutor General provides reports upon specific request. The
parliamentary commissioner (or ombudsman) for civil rights Mate Szabo
visited seven prisons during the year and published five reports on his
office's Web site. The ombudsman is not authorized to act on behalf of
prisoners.
The HHC reported that it conducted one visit to a prison and met
with prisoners without the presence of prison officials.
NGOs reported that prisoners and detainees were permitted religious
observance. The HHC argued that the one-hour monthly limit on visits
could not be regarded as reasonable access to visitors, especially in
the case of pretrial detainees.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions. According to the Prosecutor General's
Office, in 2009 there were 65 official complaints of arbitrary
detention. The Office of the Prosecutor General rejected 22 complaints
and initiated indictments in three cases.

Role of the Police and Security Apparatus.--The National Police
Headquarters (NPH), which operates under the direction of the Ministry
of Interior, is responsible for enforcing laws and maintaining order
nationwide. Twenty regional police departments are directly subordinate
to the NPH; city police are subordinate to the regional police and have
local jurisdiction.
On September 1, the Government opened a Counterterrorism Center in
Budapest. The new center is directly subordinate to the minister of
interior and is responsible for protecting the prime minister and the
president and for preventing and investigating terrorist acts including
kidnapping and hijacking.
The Hungarian Defense Force is subordinate to the Ministry of
Defense and is responsible for external security as well as aspects of
domestic security and disaster response.
The Office of the Military Prosecutor is responsible for conducting
proceedings involving any member of the armed forces charged with a
criminal offense, such as the abuse of official power, the
mistreatment, unlawful detention, or forced interrogation..
Penalties for police officers found guilty of wrongdoing include
reprimand, dismissal, and criminal prosecution. A legislative amendment
that took effect on March 24 mandates the automatic dismissal of police
officers convicted of criminal acts committed while on duty.
Victims of lesser police abuses may complain either to the alleged
violator's unit or to the Independent Police Complaints Board (IPCB).
In the first 10 months of the year, authorities found 2,914 police
officers responsible for breaches of discipline, 868 guilty of petty
offenses, 310 guilty of criminal offenses, and eight unfit for duty.
In the same period, courts sentenced seven police officers to
prison terms, gave suspended sentences to 25, fined 315, demoted four,
and dismissed 11. In the same period courts convicted 32 officers of
corruption. No information was available on the number placed on
probation.
The IPCB, established in 2008, investigated violations and
omissions by the police that affected fundamental rights. The five-
member body, appointed by a two-thirds majority of the National
Assembly, functions independently of police authorities. As of December
8, the board had received 285 complaints from the public. It reviewed
501 (including some cases filed in 2009) and found legal violations in
157. The board forwarded the 157 cases to the national police chief,
who agreed with the findings in one case, partially accepted the
findings in 27, and rejected the remainder. The IPCB's authority is
limited to making recommendations to the NPH and reporting its findings
to Parliament.

Arrest Procedures and Treatment While in Detention.--Persons may be
subject to ``short-term arrest'' if they are caught committing a crime,
are suspected of having committed a crime, are the subject of an arrest
warrant, or are unable or unwilling to identify themselves. Individuals
who cannot prove their identity with identification documents may be
charged with a petty offense. Generally, short-term arrests may last up
to eight hours, but could last up to 12 hours in exceptional cases.
Police may detain suspects whom they consider security threats for 24
hours, and police and the prosecutor's office may order the 72-hour
detention of suspects caught in the act when their identities cannot be
established or if the conditions for pretrial detention exist. If the
court does not order pretrial detention within 72 hours, police must
release the person.
On July 22, the National Assembly amended the law effective August
19, making petty offenses against property (including petty theft)
punishable by imprisonment. The amendment at the same time abolished
the prohibition against incarcerating juveniles, but did not alter the
provision that if the juvenile does not have an income or property, he
or she cannot be fined by way of punishment. Alternative sanctions such
as community service or mediation also do not apply in such cases.
Human rights NGOs were concerned that the changes leave no alternative
to incarceration for juveniles convicted of minor offenses. Human
rights NGOs also maintained that convicted juveniles, even if confined
in the same prisons as adults, should be held in separate quarters. On
July 22, the National Assembly adopted regulations giving additional
rights to certain judicial secretaries (law school graduates employed
by the judiciary who have taken the bar examination but have not been
appointed as attorneys by the president), such as the right to make
decisions in petty offense cases. Human rights NGOs strongly criticized
this provision, arguing that judicial secretaries are not independent
because they are appointed by the head of the respective county court.
Police must inform suspects of the charges against them and of the
section of the criminal code under which they are charged at the
beginning of their first interrogation, which must be within 24 hours
of their detention. The authorities generally respected this right.
There is a functioning bail system.
According to the Hungarian Penitentiary Service, on December 31,
4,844 persons were in pretrial detention. Of these, 1,083 had been
detained for six months to a year, and 679 had been detained for more
than a year.
According to the law, police must inform suspects of their right to
counsel before questioning them. However, in its June 8 report, the CPT
noted that the majority of persons interviewed during its 2009 visit
stated that they had not been allowed to contact a lawyer while in the
status of ``apprehended'' persons (i.e. during their initial 12 hours
in police custody). Representation by defense counsel is mandatory when
defendants are deaf, blind, or suffering from a mental disorder; are
unfamiliar with the Hungarian language; are unable to defend themselves
in person for any other reason; are juveniles; or are indigent and
request the appointment of a defense counsel. When defense counsel is
required, defendants have three days to hire an attorney; otherwise,
the police or the prosecutor will appoint one. If defendants make clear
their unwillingness to retain counsel, the police or the prosecutor is
required to appoint counsel immediately. However, the police or
prosecutor is not obligated to wait for counsel to arrive before
interrogating the suspect. According to human rights NGOs, police
routinely proceeded with the interrogation immediately after notifying
a suspect of his right to counsel.
The law permits detainees to notify relatives or others of their
detention unless the notification would jeopardize the investigation.
If the detainee cannot exercise this right, police must make a
notification of where the individual has been detained within 24 hours.
However, the IPCB as well as NGOs reported that in practice police did
not fully comply with this requirement.
Under the law persons who are detained and later acquitted may
receive monetary compensation.
According to NGO reports, Roma were detained and subjected to
racial profiling more frequently than non-Roma. Research conducted in
2008 by the HHC with data from the HNP and the National Police College
indicated that Roma were three times more likely to be stopped for
identification checks than non-Roma. However, the same data also
indicated that Roma are no more likely to be involved in unlawful
activities than non-Roma.
As of year's end, there was no further information about the
Tatabanya Municipal Court's March 2009 detention order for an 83-year-
old woman who was ill in the hospital. The order allegedly violated a
2007 Constitutional Court ruling that the accused must be present in
court when pretrial detention is ordered.

Amnesty.--President Laszlo Solyom issued 20 official pardons during
the year. President Pal Schmitt, who succeeded Solyom on August 6,
issued three.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
judicial independence in practice.
The National Assembly's subcommittee in charge of investigating
legal violations committed by state officials in Budapest during the
2006 demonstrations criticized judges for giving jail sentences to 150
persons, 90 of whom later successfully appealed their sentences. The
committee also summoned judges who were involved in these decisions for
questioning. On September 19, Supreme Court Chief Justice Andras Baka
stated that it was intolerable for a parliamentary investigative
committee to review specific rulings and hold judges personally
responsible, because this could restrict the legal system's
independence.

Trial Procedures.--The constitution and law provide for the right
to a fair trial, and an independent judiciary generally enforced this
right. The law extends these rights to all defendants.
Defendants are presumed innocent until proven guilty. There is no
jury system; verdicts are rendered by judges. Judicial proceedings
generally are investigative rather than adversarial. Trials are
generally public, but the judge can prohibit or restrict public access
to a trial to ensure participant privacy or trial safety. Depending
upon space available in the courtroom, a judge may limit public access
to preregistered visitors. The prosecutor, victim, defendant, and
defense counsel may also request that public access to proceedings be
restricted to protect minors younger than 14, witnesses, or state or
business secrets. The court must publically announce the final decision
of every case.
The HCLU repeatedly raised concerns about the lack of clear
guidance on the recording of ongoing trials and the courts' practice of
occasionally restricting cameras in the courtroom during public
proceedings.
Defendants have the right to be present and are entitled to consult
with an attorney during all phases of criminal proceedings.
Representation by defense counsel is mandatory for defendants
facing a charge for which the punishment is five years or more in
prison, as well as for those in detention. If the defendant fails to
retain counsel within three days the police or the prosecutor will
appoint one at public expense.
Defendants may challenge or question witnesses and may present
witnesses and evidence on their own behalf. Defendants have access to
government-held evidence relevant to their cases. Defendants have the
right of appeal.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--During the year the
European Court of Human Rights (ECHR) ruled on 10 cases lodged by
citizens against the state. Six involved complaints that domestic court
proceedings exceeded the ``reasonable time'' requirement of the
European Convention on Human Rights. In all six cases, the ECHR ruled
in favor of the plaintiffs and ordered the state to pay between 2,300
and 14,500 euros ($3,060 and $19,300).
On May 20, the ECHR issued a decision favoring a plaintiff who
challenged the decision of the authorities denying him the right to
vote because he was under partial guardianship for manic depression, a
condition the constitution envisages as a possible basis for
deprivation of the franchise. However, the ECHR concluded that the
indiscriminate removal of voting rights (without an individual judicial
evaluation and based solely on a mental disability necessitating
partial guardianship) violated the convention and awarded the plaintiff
3,000 euros ($4,000).
Also on May 20, the ECHR ruled in favor of a plaintiff who claimed
he was mistreated due to his physical disability while serving a prison
sentence at Szeged Prison in 2005-06. The court awarded him 12,000
euros ($16,000).
On July 6, the ECHR ruled that a police search of the office of a
lawyer violated her right under the convention to respect for one's
``home.'' The ECHR awarded her 3,000 euros ($4,000).
On December 14, the ECHR ruled in favor of a pregnant woman who
accused the state of violating her right to privacy under the
convention by threatening to punish midwives, thus effectively
preventing her from choosing to give birth at home. The court decided
that the violation resulted from the failure of the state to regulate
the issue.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. Under the law persons may
seek damages for human rights violations; however, fines levied in such
cases are payable to the state and not the victim. Generally, the fines
were too small to deter violators.
On November 16, the National Assembly passed a constitutional
amendment depriving the Constitutional Court of the authority to
express an opinion or pass a ruling on central budget, tax, or social
contributions issues, except in cases affecting certain fundamental
rights, such as the rights to life and human dignity; the protection of
personal data; freedom of thought, conscience, and religion; and rights
linked to Hungarian citizenship. However, the sanctity of ownership of
property was not included among the fundamental rights. On the same
day, Fidesz resubmitted legislation imposing a retroactive 98 percent
tax on large public sector severance packages, which the Court had
declared unconstitutional in October, before the constitutional
amendment removed such fiscal matters from its purview. Opposition
parties and human rights NGOs strongly criticized the amendment for
weakening the system of checks and balances, and thus the rule of law,
and removing any consequences for violations of some areas of the
constitution. Transparency International and other human rights groups
vowed to appeal to the secretary general of the Council of Europe.
On October 27, Chief Judge of the Metropolitan Court Laszlo Gatter
resigned from his post effective December 31, to protest the
Government's decision to restrict the jurisdiction of the
Constitutional Court.

Property Restitution.--The Government continued to facilitate the
restitution of religious properties confiscated by the state during the
communist era and sought to ensure that all religious organizations had
an equal opportunity to regain control over their former property.
The Constantinople Patriarchy Hungarian Exarchy (the Hungarian
branch of the Greek Orthodox Church) continued to demand the
restitution of property that the Russian Orthodox Community has
occupied since the 1950s. When Hungarian courts dismissed the Greek
Orthodox community's claim to the property, the community turned to the
ECHR. The case was pending at year's end.

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights in practice. The independent media were active
and expressed a wide variety of views. However, laws enacted during the
year broadened the range of views whose expression was illegal to
include public denial, doubt about, or minimizing the Holocaust,
genocide and other crimes of the National Socialist and Communist
regimes. Laws passed in July, November, and December concentrated
authority over the media in a single government body with wide-ranging
authorities.
Individuals generally could criticize the Government in public or
private without reprisal; however, individuals could be held liable for
their published statements or for publicizing libelous statements made
by others. Journalists reporting on an event could be judged criminally
responsible for making or reporting false statements. Officials
continued to use the libel laws to claim compensation for perceived
injuries to their character.
The criminal code includes provisions against incitement of hatred
and hate-inspired violence. Any person who publicly incites hatred
against any national, ethnic, or racial group or certain other groups
of the population is guilty of a misdemeanor punishable by imprisonment
for up to three years. In addition, any person who verbally assaults
someone because of his membership in a national, ethnic, racial, or
religious group is guilty of a felony punishable by imprisonment for up
to five years. NGOs criticized courts for failing to convict persons
for inciting hatred unless the crime was accompanied by a physical
assault.
On February 22, the National Assembly amended the criminal code to
criminalize Holocaust denial. According to the new provision, anyone
who denied the Holocaust or diminished its significance could be
imprisoned for up to three years. On June 8, the National Assembly
amended the law to remove specific reference to the Holocaust and to
broaden its scope to cover public denial, expression of doubt, or the
minimization of genocide or other acts against mankind committed by
either National Socialist or Communist regimes. The law provides that
such crimes carry a maximum sentence of three years in prison. On
September 27, the HCLU filed a petition with the Constitutional Court
to overturn the law, arguing that it imposes serious restrictions on
freedom of speech. The case remained pending at year's end.
The law prohibits the public display of certain symbols. They
include the swastika, the hammer and sickle, and the arrow cross, a
symbol associated with the country's fascist World War II-era
government. The law prohibiting the public display of the five-pointed
red star remained in effect despite a 2008 ECHR ruling that declared it
to be a violation of the right to freedom of expression.
On August 3, a member of the far-right Jobbik faction in
parliament, Gyula Gyorgy Zagyva, allegedly harassed and threatened two
journalists of the weekly paper Hetek during the Magyar Sziget music
festival in Veroce. Reportedly, Zagyva, while brandishing a whip, told
the journalists ``you should be glad that you were not beaten up.'' He
reportedly also said it was a sign of ``Jewish arrogance'' that the
journalists turned on their Dictaphone and that he wanted to ``stamp
out their guts.'' Zagyva denied the reports. The Vac Municipal
Prosecutor's Office ordered an inquiry, and the case remained pending
at year's end.
On January 19, the Supreme Court ruled that former national media
watchdog, the National Television and Radio Commission (ORTT) violated
the law in awarding licenses for the only two frequencies that
broadcast countrywide. ORTT's decision to reject the bids of existing
radio networks Slager and Danubius to renew their licenses for another
seven years triggered strong criticism both domestically and
internationally. On July 14, an arbitration board upheld the Supreme
Court decision. Despite the court decision, ORTT and its successor, the
National Media and Infocommunication Authority (NMHH), failed to
terminate contracts with the winning bidders.
On July 22, November 2, and December 21, the National Assembly
adopted a series of laws governing media regulation, most of which were
scheduled to enter into force on January 1, 2011. However, the law
specifies that the Media Council may initiate proceedings against the
providers of on-demand media services or print products only after July
1, 2011.
The July 22 law created the NMHH by merging the ORTT and the
National Telecommunication Authority. The NMHH is a central government
agency subordinated to the parliament that ``contributes to the
execution of the Government's policy in the area of frequency
management and telecommunications.'' The prime minister appoints the
president of the NMHH for a nine-year term with no limit on reelection.
The president then serves as chair of the five-member Media Council
that parliament appoints to supervise electronic media content. The
four additional council members are elected to nine-year terms by a
two-thirds majority vote of members of parliament (MPs) in attendance.
The July 22 law also transformed the public service broadcasting
system. It converted the state-owned radio broadcaster, Hungarian
Radio, the public television companies, MTV and Duna Television, and
the Hungarian News Agency (MTI), into closed, not-for-profit,
shareholder companies. The ownership and supervisory levels, as well as
the real assets (high-end real estate, archives, and production units),
of these companies were merged under the newly established Public
Service Foundation. The foundation is managed by an eight-member Board
of Trustees, six of whom are elected by a two-thirds majority vote of
MPs in attendance, while the chair and one other member are delegated
by the Media Council. All members serve nine-year terms. On September
9, the opposition Hungarian Socialist Party filed a complaint with the
Constitutional Court against the new media law, arguing that its
sections on the supervisory structure and financing are
unconstitutional. Later in September, the green party LMP together with
Jobbik also challenged the media law at the Constitutional Court. The
cases remained pending at year's end.
These substantial legislative changes in media regulations
generated strong criticism from national and international human rights
organizations concerning the new framework for media regulation and
supervision. On September 7, the Organization for Security and
Cooperation in Europe (OSCE) released a report by Dr. Karol Jakubowicz,
commissioned by the Office of the OSCE Representative on Freedom of the
Media, which found that the legislation introduces ``stricter
regulation, more pervasive controls and limitations on freedom of
expression.'' The OSCE report also expressed concern that the head of
the Media Council will be a political appointee and that the selection
method for the Public Service Foundation's board of trustees will lead
to a politicized public service broadcasting system.
Legislation passed on November 2 focused on content regulation and
set standards for journalistic rights, ethics, and norms. It applied to
all media, including news portals and on-line publications. Under the
law, all citizens are entitled to be appropriately informed about
local, national, and European public affairs, as well as other ``events
bearing relevance'' for Hungarians. The law prohibits inciting hatred
against persons, nations, communities, ethnic, linguistic or other
minorities, majority groups, churches, or religious groups. The
legislation provides exceptions to journalists' right to source
protection in cases when unauthorised sources reveal classified
information, and when courts or government authorities rule that such
disclosure is ``in the interest of protecting national security and
public order, or uncovering or preventing criminal acts.''
The bill passed on December 21 gave the Media Council the authority
to impose fines for violations of content regulation, including media
services that violated prohibitions on inciting hatred or violating
human dignity, or regulations governing the protection of minors,
public health, public security, national security and consumers and
investors. The council may impose fines for violations ranging from 10
to 200 million forint ($47,000 to $948,000), depending on the type of
publication and audience size. It may fine individual editors 2 million
forint ($9,500). The council can also suspend media outlets' right to
broadcast for up to a week. The council is also empowered to render
``reprimanding judgments'' in cases of content that it considers
``unbalanced.'' The council contended that media outlets would not have
to pay the fines until any court proceedings have been completed.
According to the law, decisions of the Media Council may be challenged
in court by lodging a petition against the council, and the court may
be requested to suspend the decision until the court challenge has been
resolved. The postponement is not automatic according to the law;
however, the Media Council argued that in practice the court would
automatically defer the sanction. On December 22, the OSCE
representative for press freedom expressed concern that the changes to
the media law ``harm media freedom.''
On December 21, the host and the editor of a public radio program
were suspended from their duties by the radio's management after the
host held a minute of silence protesting the passage of the media law.
An internal investigation into their protest was ongoing at the station
at year's end.
The HCLU raised concerns that new media regulations merged the
supervisory boards of all state-owned Public Service Broadcasting
entities, including the state news agency, into a single foundation,
and also placed their finances and assets under the control of the
newly created Media Council. The HCLU also noted that all media,
including television, radio, and Internet, are grouped under the same
regulations despite wide variation in their uses. On December 24,
European Commissioner for Media Affairs Neelie Kroes sent a letter to
Deputy Prime Minister Tibor Navracsics requesting the full text of the
act in order to assess whether it is in harmony with EU regulations on
media freedom.

Academic Freedom and Cultural Events.--On November 17, the director
of the state-run National Theater cancelled an agreement to host a
national day observance by the Romanian Cultural Institute of Budapest
following objections by Fidesz, Christian Democrat, and Jobbik
parliamentarians. The December1 national day commemorates the 1918 Alba
Iulia National Assembly, which declared the unification of
Transylvania, until then a Hungarian territory, with the Kingdom of
Romania. The Fidesz caucus issued a statement that ``the loss of
Transylvania constitutes a deep trauma to the present day for the
majority of the Hungarian nation. While we acknowledge that this
historical event tragic for Hungarians is a national holiday for
Romania, we do not expect it to be celebrated in a symbolic space of
our national culture.''

b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
Government generally respected these rights in practice.

Freedom of Assembly.--Under the law, demonstrations do not require
a police permit, but event organizers must inform police of a planned
assembly in a public place at least three days in advance. The law
authorizes police to prohibit any gathering if it seriously endangers
the peaceful operation of representative bodies or courts, or if it is
not possible to ensure alternate routes for traffic. However, police
are not required to disband a spontaneous, unauthorized assembly that
remains peaceful. During the year police prohibited six demonstrations,
which represented less than 1 percent of total announced
demonstrations.
During the year the HHC and other human rights organizations
repeatedly emphasized the need to modify the law on assembly to clarify
when the police may prevent a public gathering. According to the HHC,
the law does not permit the police to prevent a demonstration based on
an unverified assumption that the demonstrators are highly likely to
commit a criminal offense. According to NGOs, the shortcomings of the
law sometimes resulted in inconsistent police practices.

Freedom of Association.--The constitution and the law provide for
freedom of association, and the Government generally respected this
right.

c. Freedom of Religion.--For a description of religious freedom,
please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice.
The Government cooperated with the Office of the United Nations
High Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to refugees, returning refugees,
asylum seekers, stateless persons, and other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.

Protection of Refugees.--The law provides for the granting of
asylum or refugee status, and the Government has established a system
for providing protection to refugees.
The Asylum Act includes definitions for the principles of ``safe
country of origin'' and ``safe country of transit,'' including adequate
provisions for individual consideration in exceptional cases. In
practice, authorities decide on a case-by-case basis whether the
country of origin may be regarded as a safe country of origin for the
applicant.
In law and practice, the Government generally provided protection
against the expulsion or the return of refugees to countries where
their lives or freedom would be threatened on account of their race,
religion, nationality, membership in a particular social group, or
political opinion.
During the year the Office of Immigration and Nationality (OIN)
received 2,104 applications for refugee status and approved 74.
According to the law, OIN shall grant ``subsidiary protection'' status
to foreigners who do not qualify as refugees but for whom there is a
risk of exposure to serious harm upon their return to the country of
origin. OIN granted 115 persons ``subsidiary protection'' status. The
law provides that OIN may authorize persons to stay in the country by
granting them ``tolerated status'' consistent with Hungary's non-
refoulement obligations under international law. During the year, OIN
granted 58 persons ``tolerated status.''
On February 26, the HHC filed a complaint with the Office of the
Prosecutor General concerning the OIN practice of detaining certain
asylum seekers beyond the 15-day pre-assessment period. In its April 15
response, the Office of the Prosecutor General repeated its previous
warning to OIN, ordering the termination of the unlawful practice. OIN
challenged this notice at the Ministry of Interior. On June 21, the
ministry accepted OIN's argument and authorized it to continue the
practice.
On November 22, the National Assembly modified the Asylum Act,
introducing several restrictive measures in immigration policing, such
as increasing the maximum period of detention from 6 months to 12
months, rejecting manifestly unfounded asylum claims in the
admissibility procedure, and detaining families with minor children for
30 days in exceptional cases. A disputed element of the legislation
allowing for the continued detention of asylum seekers after they enter
the ``in-merit'' procedure was eliminated. The HHC criticized the new
regulations, arguing that the restrictions could not be justified by
migratory trends and that certain of the new measures were contrary to
the European Union Directive on Return.
According to established procedures, immigration police interview
individuals detained at the border and then ask the OIN whether the
person's deportation would be in breach of the country's non-
refoulement obligations. The OIN issues a binding expert opinion,
taking into account the interview as well as UN reports and other
country-of-origin information.
On December 16, Human Rights Watch (HRW) published a report on the
treatment of asylum seekers and migrants in Ukraine analyzing the
readmission procedures from neighboring EU countries. HRW interviewed
14 migrants who were returned from Hungary to Ukraine in 2008-10.
Nearly all of them said that officials ignored their requests for
asylum and that they were ``pressured or tricked into signing papers
they did not understand, or told they would be driven to a reception
center, before being deported to Ukraine.'' According to the HRW
report, OIN had determined that it was permissible to return to Ukraine
all 14 of the migrants HRW subsequently interviewed. OIN stated that
there were no cases in which an asylum claim was rejected on the basis
that Ukraine was a safe third country.
The HHC claimed there were incidents of police failing to identify
asylum seekers in border procedures and of forced return of asylum
seekers who were vulnerable or in need of international protection. OIN
stated that they did not receive any official complaints.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--The OSCE election
observation mission reported that parliamentary elections held on April
7, with a second round on April 21, were conducted in a manner
consistent with international standards and commitments for democratic
elections. The elections brought a Fidesz-KDNP coalition back to power
with a two-thirds majority. Prime Minister Viktor Orban assumed office
on May 29. The National Assembly elected Pal Schmitt president, and he
took office on August 6.
During the election campaign public stations Magyar Televizio
(Hungarian Television) and Magyar Radio (Hungarian Radio) refused to
broadcast an anti-Roma electoral campaign advertisement by the far-
right party Jobbik because it would contravene rules forbidding the
denigration of minority groups. The advertisement focused on ``gypsy
crime.'' The National Election Committee said on November 27 that the
rejection of the Jobbik advertisement violated the principal of
equality for political parties, and that its content did not overstep
the boundaries of freedom of speech legislation. On October 4, the
Constitutional Court ruled that the stations erred in not broadcasting
the advertisements.
The newly elected National Assembly amended the constitution to
reduce the maximum number of MPs after the 2014 general elections from
386 to 200, cutting roughly by half the number of local
representatives, and to extend citizenship rights to ethnic Hungarians
living beyond the country's present borders. There were no government
restrictions on political parties.
The 386-seat National Assembly elected in April included 34 women,
20 percent fewer than its predecessor. There were no women in Prime
Minister Orban's immediate cabinet, but women were represented at the
sub-cabinet level. There also were no women on the Constitutional
Court. Due to privacy laws regarding ethnic data, no statistics were
available on the number of minorities in the National Assembly,
cabinet, or Constitutional Court.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and NGOs
contended that officials often engaged in corrupt practices with
impunity.
Corruption in the executive and legislative branches reportedly
increased during the year, and numerous cases of alleged corruption
received significant public attention. According to the World Bank's
Worldwide Governance Indicators, government corruption was a problem.
Corruption within police agencies remained a problem. Penalties for
police officers found guilty of wrongdoing include reprimand,
dismissal, and criminal prosecution.
On January 18, the Prosecutor General's Office accused Budapest
Seventh District Mayor Gyorgy Hunvald of signing millions of forint
worth of fictitious consultancy contracts. Hunvald has been in pretrial
detention on other corruption charges since February 2009. The case
remained pending at year's end.
On January 26, authorities took former Budapest Public Transport
Company director Attila Antal into custody on fraud charges. Police
stated that Antal, while director of the company in 2007-08, seriously
violated its asset management regulations by signing contracts for
unnecessary services. In addition, he approved excessive severance
payments. The company's former human resources director, Eleonora
Szalaine Szilagyi, was arrested in early January for alleged
embezzlement after she authorized 86 million forint ($408,000) for
herself in severance pay. The cases were part of an investigation into
the company that began in 2009 in connection with 1.7 billion forint
($8.4 million) in severance payments to 100 persons during the previous
six years.
On March 31, former Hungarian Socialist Party politician Janos
Zuschlag was sentenced to eight-and-a-half years in prison by the
county court of Bacs-Kiskun. Zuschlag, the subject of an 18-month
police investigation, was accused of siphoning state funds, estimated
to total about 75 million forint ($355,400), and channeling them into
Hungarian Socialist Party youth organizations. The court sentenced 15
of Zuschlag's associates to one to five years in prison. The prosecutor
appealed the verdict and the case remained pending at year's end.
On September 1, police detained the former head of the State Asset
Management Authority Miklos Tatrai, and former State Asset Management
Authority sales manager Zsolt Csaszy, on suspicion of misuse of funds
and other crimes related to the Sukoro casino project. According to the
prosecutors, state properties provided for the casino project were
undervalued by 734 million forint ($3.5 million), while land received
in exchange from the investors was overvalued by 593 million forint
($2.8 million).
On September 28, the Komarom-Esztergom County chief prosecutor
filed charges on misuse of funds against Tatrai in a separate case,
charging that Tatrai ordered the illegal transfer 365 million forint
($1.7 million) to state-owned Babolna stud farm. Both cases remained
pending at year's end.
Members of the National Assembly, high-level government officials,
civil and public servants, and police officials disclosed their
financial status on a regular basis, as the law requires. NGOs
contended that the regulation is not adequate because there is no
effective method for auditing or sanctioning violators.
Several government offices were responsible for combating
corruption. The State Audit Office audited the public sector and
campaign spending of political parties. The independent judiciary, the
prosecutors, the police, and in certain cases the customs and finance
guard were responsible for investigating corruption. Special agencies
such as the competition authority and the supervisory body of financial
institutions were responsible for ensuring fair and transparent market
conditions.
The constitution and law provide both citizens and foreigners the
right to access state-held information, although the Government may
restrict access in order to protect what it determines to be legitimate
state interests. Requestors may appeal denials in court. Government
offices may charge a fee to cover copying costs. Government offices are
required to give the requestor detailed reasons for any denials.
According to the most recent statistics published by the ombudsman,
government offices received 123,747 requests for information in 2009
and rejected 164 because they involved commercial secrets or the
offices concerned lacked authority to act. The HCLU contended that the
ombudsman's statistics underestimated the percentage of denied
requests.
On June 23, a Budapest court ordered the Constitutional Protection
Office, successor to the National Security Office, to make public the
names of companies that have exclusive rights to participate in
national security procurement. The ruling resulted from a lawsuit filed
by Transparency International Hungary after the National Security
Office refused to make the names available, citing national security
considerations.
On September 15, the Supreme Court ruled against the HHC in its
effort to obtain the names of and statistics about lawyers appointed to
represent defendants in court. The HHC had sued 11 police units in 2008
for unlawfully denying their requests for this data, which the HHC
regarded as in the public interest. The HHC maintained that police
chose specific public defenders who were unlikely to contest vigorously
charges against their clients, thus facilitating convictions. The
Supreme Court ruled that the names of state-appointed public defenders
were not data of public interest.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
There are parliamentary commissioners (ombudsmen) for civil rights,
national and ethnic minority rights, data protection, and future
generations. They examine constitutional rights violations and initiate
individual or general proceedings to prevent further violations.
Following appointment by the president, a two-thirds parliamentary
majority confirms the ombudsmen for six-year terms, renewable once. The
ombudsmen are responsible only to the parliament, which allocates their
financial resources in the annual state budget and votes on their
annual report. The ombudsmen operated without government or party
interference and published several reports during the year. The public
perception of the ombudsmen's activities was generally positive.
The parliamentary Committee for Human Rights and Minority, Civil,
and Religious Affairs has 21 members selected in proportion to the
parties' seats in parliament. The committee debates and reports on
human rights-related bills and supervises the human rights-related
activities of the ministers.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, disability, language, or social status; however, the Government
failed to enforce these rights fully in practice.
During the year the Equal Treatment Authority (ETA), an independent
authority set up by the Government to monitor enforcement of
antidiscrimination laws, received 1,282 complaints. The ETA issued 377
decisions and found 40 complaints of illegal discrimination to be
justified. In the ``justified'' cases, the ETA ordered employers to
stop their illegal activities, refrain from further wrongdoing, and in
20 instances, pay penalties ranging from 100,000 to five million forint
($473 to $23,700).

Women.--Rape, including spousal rape, is illegal, but human rights
observers generally considered the problem to be underreported. Under
the law, a sexual assault is considered rape only if it involves the
use of force or threats. Penalties for rape range from two to eight
years in prison and can be as long as 15 years in aggravated cases.
According to the NPH, in the first eleven months of the year the
prosecutor's offices pressed rape charges in 126 cases.
The law does not specifically prohibit domestic violence or spousal
abuse. The charge of assault and battery, which carries a maximum
prison term of eight years, was used to prosecute domestic violence
cases. Under a 2009 law, however, police called to the scene in
domestic violence cases may issue an emergency restraining order valid
for three days in lieu of immediately filing charges; courts are
authorized to issue longer-term restraining orders. According to
women's rights NGOs, the law does not provide appropriate protection
for the victims and does not place sufficient emphasis on the
accountability of perpetrators. NGOs noted that no protocols or
systematic training regarding domestic violence were available for law
enforcement personnel.
Expert research in the field of domestic violence indicated that
approximately 20 percent of women have been physically assaulted or
victimized by domestic violence. According to the NPH, during the year
8,514 women were reported to be victims; however, most incidents of
domestic violence went unreported, due to fear and shame on the part of
victims. Prosecution for domestic violence was rare. Prosecuting those
who abused women was difficult because of societal attitudes that
tended to blame the victim. According to NGOs, police remained
reluctant to arrest abusers, due to a lack of confidence that the
judicial system would effectively resolve abuse cases. Women's rights
NGOs contended that many cases of violence against women required the
victim to make a formal complaint in order to begin the criminal
procedure, which prevented many victims from seeking justice.
The Ministry of National Resources (formerly the Ministry of Social
Affairs) operated a 24-hour hotline for victims of abuse. During the
first half of the year, the ministry financed 11 shelters for socially
disadvantaged persons, including victims of sexual abuse; the funding
for two of the shelters ceased at the end of June. The ministry also
continued to operate four ``halfway houses'' around the country
available for 16 families for up to five years. Women's rights NGOs
contended that services for the assistance of victims of violence
against women either operated with limited capacity or did not meet
international standards of good practice.
The law establishes the right to a secure workplace and makes
sexual harassment a criminal offense; however, according to NGOs,
sexual harassment remained widespread. NGOs contended that the law did
not clearly define sexual harassment, leaving victims with a lack of
legal awareness or incentive to file a complaint. Through November, the
NPH recorded 4,431 cases of harassment against woman. In the first nine
months of the year, the ETA rejected one case of sexual harassment and
imposed penalties in six others. Penalties included fines ranging from
100,000 to one million forint ($474 to $4,739) and making the ETA
decision public for up to six months.
Couples and individuals have the right to decide freely and
responsibly the number, spacing, and timing of their children and to
have the information and means to do so free from discrimination,
coercion, and violence. There was easy access to contraception and to
skilled attendance during childbirth, and national family planning
services focused on providing prenatal and postnatal care and
counseling. However, NGOs contended that the lack of legal framework
regulating the work of midwives limited women's access to reproductive
health care services, as the authorities do not recognize independent
midwives as a professional group and can charge them with a crime for
their work. According to data from international organizations, there
were approximately 13 maternal deaths per 100,000 live births in 2008.
Women and men were equally diagnosed and treated for sexually
transmitted infections, including HIV/AIDS.
Under the constitution and the law, men and women have equal
rights. The ETA was responsible for monitoring the implementation of
the Equal Treatment Law and for coordinating governmental activities in
the field of gender equality. NGOs pointed out that the law has no
gender-specific provisions. NGOs also raised concerns about the ETA's
lack of financial and human resources to carry out its mission, which
decreased even further under the restructuring of government
ministries.
According to the Central Statistical Agency, women continued to
earn 17 percent less than men for substantially similar work. The ETA
found employer discrimination against women in eight of the 19
complaints it received. There was economic discrimination against women
in the workplace, particularly against job seekers older than 50 and
those who were pregnant or had returned from maternity leave.

Children.--Citizenship is acquired by birth from a parent who is a
citizen.
While the law provides free compulsory education for children
through 18 years of age, a 2006 study found that more than 82 percent
of Roma have eight years of education or less, compared with 36 percent
of the rest of the population. Similarly, while an estimated 40 percent
of the population had some form of secondary schooling, only 3.1
percent of Roma received such education. NGOs claimed that the right to
public schooling is not honored for children with severe and multiple
disabilities because public schools are not obliged to set up classes
for those children.
The public education system continued to provide inadequate
instruction for minorities in their own languages. Romani language
schoolbooks and qualified teachers were in short supply.
Segregation of Romani schoolchildren remained a problem. NGOs and
government officials estimated that one-third of Romani children were
educated in segregated classes and that 20 percent were placed without
justification in remedial classes for children with mental
disabilities, effectively segregating them from other students. Schools
with a majority of Romani students employed simplified teaching
curricula, were generally less well equipped, and were in significantly
worse physical condition than those with non-Romani majorities.
During the year the Chance for Children Foundation (CFCF) initiated
a lawsuit against Heves County and the county-operated Expert
Committee, which diagnoses and certifies children with disabilities and
learning difficulties. The CFCF claimed that the percentage of children
certified as having such disabilities was much higher than in other
counties, the number of Romani children among them was
disproportionately high, and almost all certified children attend
segregated remedial schools with substandard curricula. The CFCF asked
the court to rule that there was racial bias in the diagnosing and
certifying procedure and to ban the county and its institution from the
practice. The case was pending at year's end.
On June 7, the Supreme Court awarded 100,000 forint ($474) in
compensation to five Romani children for enduring segregation during
their primary schooling in Miskolc.
On October 25, the ETA signed an agreement with a local school in
Taktaharkany banning the segregation of Romani pupils. In 2008 the CFCF
referred the case to the ETA on the grounds that Romani children were
denied access to the school cafeteria and forced to attend classes in a
separate building from non-Romani students.
The CFCF also won financial compensation for two Romani boys in
Nyiregyhaza whom authorities incorrectly diagnosed and certified as
having learning difficulties and assigned to remedial schools. The boys
were not able to pursue normal careers as a result.
During the year the CFCF won a lawsuit filed in 2009 against local
authorities of Gyor. The court of first instance ruled that the Gyor
Municipality unlawfully segregated and discriminated against Romani
children attending the Kossuth Street primary school.
In September 2009 the CFCF sued the Ministry of Education for
violating the Equal Opportunity Act by failing to halt the segregation
of Romani children in public schools. The legal successor to the
ministry has yet to respond to the CFCF's claim, and the case was
pending at year's end.
In December 2009, the Somogy County Court ruled that the
municipality of Kaposvar had unlawfully discriminated against Romani
children by segregating them from non-Romani students in a separate
school with a simplified curriculum. The Pecs Court of Appeals upheld
the verdict on appeal but struck down the charge of discrimination in
quality of education. The Supreme Court upheld this ruling but also
struck down the appeal court's order that the municipality rectify the
unlawful situation, arguing that a court can only order rectification
if claimants put forward a detailed proposal for such action.
A 2008 European Roma Rights Center report found that Romani
children were overrepresented in the child protection system. In the
sample of children in professional care institutions, 40 percent were
of Roma origin and 18 percent were half-Roma, although Romani children
only account for approximately 13 percent of the children in the
general population. Romani children have a higher probability of being
placed in children's homes rather than in family-like care or community
settings.
In the first 11 months of the year, the NPH registered 5,374 cases
of crimes against children.
On May 26-27, 34 officers working on youth protection and domestic
violence at county police headquarters participated in training that
highlighted the specific tasks required for the implementation of the
``National Youth Strategy 2009-2024,'' aimed at enhancing the social
integration of young persons. During the year the NPH conducted a study
of police attitudes toward domestic violence as well as the
difficulties officers face in the field. Based on the results of the
study, the NPH developed a set of recommendations and a training series
aimed at improving the effectiveness of police response to domestic
violence. During the year 600 police officers participated in this
training.
Some girls under the age of 18 engaged in prostitution. Young girls
who grew up in orphanages were highly vulnerable to internal forced
prostitution. NGOs contended that the number of females under the age
of 18 involved in prostitution increased in recent years. Buying sexual
services from a child younger than 18 years old is a crime punishable
by up to three years in prison.
The minimum age for consensual sex is 14 years. According to the
law, statutory rape is a felony punishable by imprisonment for two to
eight years and for five to 10 years if the victim is under 12 years of
age. The law prohibits child pornography, which is punishable by up to
eight years in prison.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--The Jewish population was estimated to be between
80,000 and 100,000.
Jewish organizations expressed serious concern over a perceived
increase in the public's tolerance for anti-Semitic remarks in public
discourse. On April 18, Gabor Vona, the far-right Jobbik party chair
and National Assembly member, told an interviewer from the weekly
magazine HVG that ``Israeli interests are trying to colonize Hungary
because Israel's place and role in the Middle East are unstable, so
they must seek another country if Israel's position becomes untenable.
This is not anti-Semitism but fear for Hungarians,'' he said, adding,
``politics rather than business interests lie behind the gaining of
ground by Israeli capital.''
As of November 30, there were 212 reported instances of vandalism
or destruction of Jewish and Christian properties, 20 in houses of
worship and 192 in cemeteries.
On March 30, unidentified individuals threw rocks into an apartment
on Budapest's Dohany Street where a rabbi was celebrating Passover with
fifty participants. No one was injured. The police started an
investigation into what they classified as a crime involving ``damage
to property.'' The police rejected an HCLU petition to change the
classification to ``violence against a member of a social group.''
Police suspended the investigation after failing to identify the
perpetrators.
On May 1, unidentified persons damaged a Holocaust memorial in
Zalaegerszeg shortly after its repair from an April 6 attack. Police
opened an investigation, which was ongoing at year's end.
On June 16, police stopped the screening of a Nazi propaganda film,
The Eternal Jew, and took several of the viewers and the organizers
into custody. Deme Brothers, publishers of extreme right-wing
literature, staged the screening in Budapest's 13th district, the same
venue where an illegal showing of Jud Sss took place in 2009. On July
6, unidentified persons damaged three monuments dedicated to victims of
World War II in Szekesfehervar. The vandals poured red paint over
separate memorials of soldiers and civilians killed during the war,
anti-fascists, and victims of the Holocaust. The police failed to find
the perpetrators and closed the investigation on August 28.
The weekly magazine Magyar Demokrata, the national daily Magyar
Hirlap, and the more radical Magyar Forum published anti-Semitic
articles during the year; Magyar Demokrata and Magyar Hirlap
discontinued these practices in the spring. The official publication of
the far-right Jobbik party, Barikad, changed from a monthly to a weekly
magazine and continued to publish openly anti-Semitic content.
There were numerous far-right websites in the country, many of
which were openly anti-Semitic. NGOs reported that the Government
monitored the content of these sites to enforce the prohibition against
public display of such symbols as the swastika, the hammer and sickle,
the five-pointed red star, and the arrow cross.
During the year the prime minister, other senior government
officials, and representatives of other parties routinely criticized
extremist movements; they initiated and participated in several
demonstrations promoting tolerance.
The Government gave its support to a seven-day Holocaust education
seminar for educators conducted in November. The seminar was the first
element of a three-year educational program aimed at revising Holocaust
education in the schools.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, and/or intellectual
disabilities in employment, education, access to health care, or the
provision of other state services; however, persons with disabilities
frequently faced discrimination and prejudice.
Government sources estimated there were 600,000 persons with
disabilities, while disability organizations estimated the number to be
approximately one million.
NGOs expressed concern about the lack of independent oversight over
government-run, long-term-care institutions for persons with mental
disabilities. There were sporadic reports that employees of such
institutions used inappropriate physical restraints on patients, a
problem experts attributed partly to inadequate numbers of qualified
staff. NGOs also noted that there was no legal regulation or government
strategy for deinstitutionalization of persons.
The international NGO Mental Disability Advocacy Center criticized
the Government for failing in its obligation to protect the rights of
persons with disabilities who were under the legal guardianship of
others, particularly in their access to employment, education, and
health care services. According to the center, one of the key problems
was a lack of alternatives to guardianship for persons with
disabilities who needed support in making certain decisions. According
to NGOs, almost 80,000 adults were under guardianship. According to the
constitution, citizens placed under guardianship by a court immediately
lose their right to vote. In addition, NGOs contended that polling
places were not accessible for persons with disabilities and the
election materials were not available in easy-to-read format.
A government decree requires all companies with more than 20
employees to reserve 5 percent of their jobs for persons with physical
or mental disabilities. The decree specifies fines for noncompliance.
Employers typically paid the fines rather than employ persons with
disabilities. In 2009 approximately 9 percent of working-age persons
with mental disabilities were employed.
Both the central government and municipalities continued to update
public buildings to make them accessible to persons with disabilities.
The law requires that buildings operated by the central government be
accessible by 2010; those operated by the municipalities must meet this
goal by 2013. There was no data available on the percentage of
government buildings that were not accessible, but NGOs contended many
public buildings remained inaccessible.
The lead agency for protecting the rights of persons with
disabilities is the Ministry of National Resources.

National/Racial/Ethnic Minorities.--The Romani community remained
the largest ethnic minority. According to the Central Statistics
Office, in 2007 the Romani community accounted for 2 percent of the
population, or approximately 200,000 persons. However, unofficial
estimates, which vary widely, suggest the actual figure was much
higher, ranging between 500,000 and 800,000 persons.
Violent attacks against Roma continued, generating strong public
concern and intense disputes as to the existence and scale of racially
motivated crimes. Human rights NGOs complained that law enforcement
authorities, prosecutors, and courts were reluctant to recognize racial
motivation for many crimes.
On March 18, Molotov cocktails were thrown at the houses of four
Romani families in the town of Siofok, one of which suffered a serious
fire. No one was injured. Police spokesman Gabor Biro confirmed that
the incident had taken place, but gave no details, stating that an
investigation was ongoing.
On April 15, one of the deputies of the National Roma Minority
Self-Government was attacked in the town of Elek. According to the
victim's media statements, two ``active members of an extremist party
and organization'' were demolishing the pub he owned and as he
approached, they kicked and hit him. Police were not able to identify
any perpetrators.
On May 22, unknown persons threw several bottles filled with
gasoline through the window of a house inhabited by Roma in Hatvan.
Damage was estimated at 5,000 forint ($24), and no injuries were
reported. Police were unable to identify any perpetrators.
On July 4, unknown persons attacked a Romani house in Olaszliszka.
They fired three shots at the house, leaving bullet holes in the front
wall. When the attack occurred, a mother and her children were sleeping
in the house. There were no reports of injuries. Police could not
identify any perpetrators.
On August 9, the National Bureau of Investigation announced the
completion of its investigation into a series of physical attacks
against Roma in 2008 and 2009. As a result of the investigation, the
Pest County Prosecutor charged four suspects with the murder of six
persons, the serious injury of five others, and threats to the safety
of an additional 55. The case was scheduled to go to trial in 2011.
Human rights NGOs reported that Roma were discriminated against in
almost all fields of life, particularly in employment, education,
housing, penal institutions, and access to public places, such as
restaurants and bars.
According to statistics of the Hungarian Institute for Educational
Research and Development, Roma were significantly less educated than
other citizens, with incomes and life expectancy well below average.
A 2007 International Labor Organization report estimated the
unemployment rate among Roma to be 40 percent. However, in many
underdeveloped regions of the country, it exceeded 90 percent.
Unemployment among Roma was estimated to be three to five times higher
than among the non-Romani population. The HCLU expressed concern that
new legislation requiring completion of primary school to obtain a
driver's license could increase unemployment among Roma.
According to the HCLU, members of the Romani community were
regularly sentenced for minor offenses such as collecting firewood or
minor traffic violations, which were usually ignored when committed by
non-Roma. The HCLU asserted that police and municipalities selectively
applied laws against the Romani community to keep Roma segregated and
to restrict their free movement.
Inadequate housing continued to be a problem for Roma; their
overall living conditions remained significantly worse than those of
the general population. According to Romani interest groups,
municipalities used a variety of techniques to prevent Roma from living
in more desirable urban neighborhoods. In April the HCLU and the
European Roma Rights Center filed a motion with the ombudsman asking
him to examine whether Roma had been disproportionately targeted for
eviction from municipality-owned housing. According to a survey by the
Ministry of National Resources, approximately 100,000 seriously
disadvantaged persons, mostly Roma, lived in approximately 500
settlements lacking basic infrastructure and often located on the
outskirts of cities. The Government continued its program to eliminate
these settlements and to help residents move to more desirable
communities.
Most ministries and county labor affairs centers had special
officers for Romani affairs focused on the needs of the Romani
community. The Ministry of National Resources continued to offer
financial incentives to encourage schools to integrate Romani and non-
Romani children in the same classrooms and to reintegrate Roma
inappropriately placed in remedial programs. The Ministry also operated
a program to finance infrastructure development in Romani communities.
The prime minister named Zoltan Balog as state secretary for social
inclusion, charged with coordinating government efforts to address Roma
issues.
The Ministry of Public Administration and Justice (formerly the
Ministry of Justice and Law Enforcement) operated an antidiscrimination
legal service network that provided free legal aid to Roma in cases
where they encountered ethnic discrimination. Human rights NGOs
lamented that the lawyers' offices were located in the larger cities,
rendering them inaccessible to those Roma living in deep poverty in
small villages. HCLU received reports that the network's lawyers
rejected some Romani cases.
Since January 2009, in order to apply for EU and government funds
for urban rehabilitation and public education projects, every city must
attach to its proposal a desegregation plan outlining planned actions
to eradicate segregation in housing and public education. The
Government opened 200 positions in public administration for Romani
college graduates. By year's end 165 applicants had passed the
mandatory civil servant entry exam and 66 were placed in various
national and county government offices.
Roma and the other 12 official minorities are entitled to elect
their own minority self-governments (MSG), which organize minority
activities and handle cultural, educational, and linguistic affairs.
The president of each MSG also has the right to attend and speak at
local government assemblies.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Homosexual conduct is legal,
but extremist groups continued to subject gay men and lesbians to
physical abuse and attacks.
On July 4, two teenagers wearing far-right party badges struck a
man on his way home from the opening ceremony of the Rainbow Mission
Foundation's (RMF) annual Budapest Pride festival, a week of lesbian,
gay, bisexual ,and transgender programs.
On July 10, the RMF organized the 15th annual Budapest Pride March,
in which an estimated 1,000 persons participated. Organizers were
successful in registering the march, which occurred on a shortened
parade route with increased police protection. Authorities shortened
the route further on the day of the march because counterdemonstrators
along the route shouted antihomosexual slurs as well as the campaign
slogan of the openly antigay political party Jobbik. Police prevented
several protestors from approaching the route, but made no arrests. Two
men followed one volunteer into the metro and attacked him following
the march. A metro security guard briefly detained the attackers but
then let them go.
On July 26, the RMF reported to the police that a neo-Nazi group
calling itself the ``Budapest Hungaristas'' desecrated one of the
Hungarian Lesbian, Gay, Bisexual, and Transgender community's unique
symbolic sites, the tombstone of Karoly Kertbeny, originator of the
terms ``heterosexual'' and ``homosexual.'' The Hungaristas reportedly
covered the gravestone with a black veil and attached a quotation from
the Old Testament Book of Leviticus. Police declined to pursue the case
on December 4, stating that no crime had been committed.
On September 4, approximately 100 participants marched in a legally
registered Hetero Pride Parade, following the same route as the
Budapest Pride March. The organizer stated that the organizers intended
the march to be a ``protest against the open practice and
popularization of homosexuality.''
There were no reported developments in connection with two attacks
on a gay bar and a gay bathhouse in Budapest in 2008. In April 2009
police detained two persons in connection with these incidents.

Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law allows workers to form and
join independent unions of their choice without previous authorization
or excessive requirements, and workers exercised these rights in
practice.
The law also allows unions to conduct their activities without
interference, and the Government protected this right in practice.
Approximately 25 percent of the workforce was unionized in 2009. With
the exception of military personnel and police officers, workers have
the right to strike, and workers exercised this right. The law permits
the unions of military personnel and police officers to seek resolution
of grievances in the courts. While employers are not allowed to hire
temporary workers during a strike, temporary workers already hired
before the strike were allowed to continue working.
On December 23, the National Assembly passed a bill amending the
strike law so that workers at companies performing activities
fundamental to the population--such as public transport,
telecommunications, water, power, gas, and other energy sector firms--
may not strike unless an agreement has been reached on minimum services
during a strike. The definition of minimum services is decided by the
courts. In addition, the bill added ``abusing the right to strike'' to
the list of actions rendering a strike illegal. National trade unions
opposed the law on the basis that the courts lack the expertise to
decide on necessary minimum services, and that the term ``abusing the
right to strike'' is too vague.
Two national trade unions, MSZOSZ and LIGA, have reported cases of
employers intimidating trade union members, transferring, relocating,
or dismissing trade union officers, and hindering union officials from
entering the workplace.
The International Trade Union Confederation expressed concern that
trade union registration practices are too long and cumbersome, and
judges and prosecutors have legal authority to interfere with internal
trade union matters. However, LIGA officials indicated the registration
practices have not been a problem in their experience.
Court proceedings on unfair dismissal cases could take more than a
year to complete, and court decisions were not always properly
enforced.

b. The Right to Organize and Bargain Collectively.--Collective
bargaining is protected by law and was freely practiced, mainly at the
company level. In 2008 collective bargaining agreements covered
approximately 36 percent of the workforce.
The labor code requires trade unions to represent 65 percent of the
workforce (for a single employer) or 50 percent of the workforce (for a
group of employers) to engage in collective bargaining.
There are no export processing zones, but individual foreign
companies frequently were granted duty-free zone status for their
facilities. There were no exemptions from regular labor laws in the
duty-free zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children. See the Department
of State's annual Trafficking in Persons Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law protects children from exploitation in the workplace, and the
Government effectively enforced these laws in practice.
The law prohibits children younger than 16 from working except in
such circumstances as temporary work during school vacations. Children
under 15 are prohibited from all work. Children may not work night
shifts or overtime or perform hard physical labor.
The country's Labor Inspectorate reported that during 2009 six
companies employed 136 children under 15 years old, mostly in financial
and commercial work. The companies were fined a total of 5.2 million
forint ($24,640). Individuals who identify children as victims of labor
exploitation are required to report them to the Guardianship Authority.
According to the International Organization for Migration,
trafficking of children for sexual exploitation was a problem. The
Government actively monitored immigration and emigration patterns for
evidence of trafficking. See the Department of State's annual
Trafficking in Persons Report at www.state.gov/g/tip.

e. Acceptable Conditions of Work.--The national minimum monthly
wage of 73,500 forint ($348) provided a decent standard of living for a
worker and family. A special minimum monthly wage for jobs requiring
the completion of secondary education was 89,500 forint ($424). The law
sets the official workday at eight hours, although it may vary
depending on the industry. A 48-hour rest period is required during any
seven-day period. The regular workweek is 40 hours with premium pay for
overtime. The law prohibits overtime exceeding 200 hours per year. The
laws also apply to foreign workers with work permits; they were
enforced effectively and consistently. Labor courts and the Labor
Inspectorate enforced occupational safety standards set by the
Government, but enforcement was not always effective. Workers have the
right to remove themselves from unsafe and unhealthy situations without
jeopardizing their continued employment, and this right was generally
respected.
On November 16, the National Assembly passed a law instituting a 98
percent special tax on public sector severance packages worth more than
3.5 million forint ($16,587), imposed retroactively on payments
collected after January 1, 2005. The Constitutional Court had struck
down the law in October, but Fidesz resubmitted the legislation after a
constitutional amendment removed the tax from the court's purview.
On December 23, the National Assembly amended the law on civil
servants, giving employers the right to fire civil servants with two
months notice without providing justification for the dismissal.

__________

ICELAND

Iceland, with a population of 318,000, is a constitutional
parliamentary republic. The president is the head of state; a prime
minister, usually the head of the majority party, is head of
government. There is a unicameral parliament (Althingi). In 2008 Olafur
Ragnar Grimsson was reelected president in free and fair elections.
After free and fair parliamentary elections in April 2009, the Social
Democratic Alliance (SDA) and the Left-Green Movement (LG) formed a
governing coalition led by Prime Minister Johanna Sigurdardottir (SDA).
Security forces reported to civilian authorities.
Reported human rights problems included the incarceration of
juveniles and adults and of pretrial detainees and convicted prisoners
in the same cell, societal discrimination against minorities and
foreigners, violence against women, and trafficking of persons to and
through the country.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices, and
there were no reports that government officials employed them.

Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards. The Government
permitted monitoring visits by independent human rights observers, but
no such visits occurred during the year.
During the year the daily average number of prisoners was 134, and
the daily average of pretrial detainees was 18. The prison facilities
could hold 161 prisoners. The Government maintained a separate minimum-
security prison for female inmates; however, because so few women were
incarcerated (four on average), some men were also held there. Men
housed in facilities with women were closely monitored and interacted
with women only in the common areas; they did not share cellblocks. The
Government normally held juvenile offenders in nonprison facilities run
and supervised by the Government Agency for Child Protection. In one
instance, however, a child was held in detention with adults, since
there was no separate facility for juveniles in the prison system. The
penal system held pretrial detainees together with convicted prisoners
except in those instances when the authorities deemed it necessary to
place such detainees in solitary confinement.
When the main prison at Litla-Hraun or in Reykjavik's main pretrial
detention facility were overcrowded, pretrial detainees were held in
local police station jails. During the year there was a waiting list of
276 persons convicted of crimes but unable to serve their sentences due
to a lack of prison space.
The Prison and Probation Administration (PPA) decides whether
convicted prisoners who have received a prison sentence of less than
six months may serve their sentence in community service rather than in
jail. The PPA also maintains records to ensure that prisoners do not
serve beyond the maximum sentence for the charged offense.
Prisoners and detainees had reasonable access to visitors and
authorities permitted religious observance.
The parliament's ombudsman can, on his own initiative, take up a
prison issue, and he did on several occasions. Authorities permitted
prisoners and detainees to submit complaints to judicial authorities
and the parliament's ombudsman without censorship and to request
investigation of credible allegations of inhumane conditions if they so
chose. There were no allegations of inhumane conditions during the
year. The Government investigated and monitored prison and detention
center conditions.
The Government permitted independent monitoring of prison
conditions by local and international human rights groups, the media,
and the International Committee of the Red Cross, but no such
monitoring occurred during the year. The Government permitted visits by
independent human rights observers during the year. Prisoners could,
and did, request visits from Prisoners' Friends, a group of volunteers
from the Icelandic Red Cross. The volunteers spoke with prisoners and
provided them with second-hand clothes upon request. There were no
prison visits by international human rights monitoring groups during
the year.
In May, to ease overcrowding, the Government opened a provisional
prison with a capacity for 20 inmates at Bitra in the southern part of
the country.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the police, and the Government has
mechanisms to investigate and punish abuse and corruption. There were
no reports of impunity involving the security forces during the year.

Arrest Procedures and Treatment While in Detention.--Police may
make arrests under a number of circumstances: when they believe a
prosecutable offense has been committed, when they see a need to
prevent further offenses or destruction of evidence, when they need to
protect a suspect, or when a person refuses to obey police orders to
move. Arrest warrants usually are not employed; the criminal code
explicitly requires warrants only for arresting individuals who fail to
appear at court for a hearing or a trial or at a prison to serve a
sentence.
Persons placed under arrest must be informed promptly of the
charges against them, and upon arrival at the police station, those
arrested are entitled to legal counsel, including government-provided
counsel for the indigent. Authorities must inform persons under arrest
of their rights and bring them before a judge within 24 hours of
arrest. The judge determines whether a suspect must remain in custody
during the investigation; the judge may grant conditional release,
subject to assurances that the accused will appear for trial. There was
no functioning bail system.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.

Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
Trials are generally public but may be closed by judges at the
defendant's request or when minors are involved. Defendants are
presumed innocent, and courts generally tried cases without delay.
Courts do not use juries, but multijudge panels are common. Defendants
have access to legal counsel of their own choosing. For defendants
unable to pay attorneys' fees, the Government covers the cost; however,
defendants who are found guilty are required to reimburse the
Government. Defendants have the right to be present at their trial, to
confront witnesses, to present witnesses and evidence on their behalf,
and to participate in the proceedings. They and their attorneys have
access to government-held evidence relevant to their cases. At the
discretion of the courts, prosecutors may introduce evidence that
police obtained illegally. Defendants have the right to appeal, and the
Supreme Court handles appeals expeditiously. These rights extend to all
citizens without prejudice.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--During the year the
European Court of Human Rights (ECHR) issued one decision that found a
violation by the country of its obligations under the European
Convention on Human Rights. In April the ECHR ruled that the country's
law could not compel an employer in the country's building sector to
contribute to the Federation of Icelandic Industries, a private
organization that he was not legally obliged to join. The ECHR ordered
the Government to pay the defendant's legal fees, and the Government
complied.

Civil Judicial Procedures and Remedies.--A single court system
handles both criminal and civil matters. The two levels of the
judiciary, the district courts and the Supreme Court, were considered
independent and impartial in civil matters. Lawsuits may seek damages
for, or cessation of, a human rights violation. Administrative remedies
are available as well as judicial remedies for alleged wrongs.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibits such actions, and
the Government generally respected these prohibitions in practice.
Immigration law allows authorities to conduct house searches
without a prior court order when there is a significant risk that delay
would jeopardize an investigation of immigration fraud. Immigration law
also allows authorities to request DNA tests without court supervision
in cases where they suspect immigration fraud. There were no reports
that DNA testing took place during the year.
Section 2. Respect for Civil Liberties, Including:

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedoms of assembly and association, and the Government
generally respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status and the Government has established
a system for providing protection to refugees. Human rights advocates,
however, complained about the ambiguous nature of the asylum system and
the high refusal rate for asylum applications.
The Government provided protection against the expulsion or return
of refugees to countries where their lives or freedom would be
threatened on account of their race, religion, nationality, membership
in a particular social group, or political opinion. The Government had
no fixed refugee acceptance requirements.
In September parliament amended the law to grant the minister of
justice and human rights more leeway in postponing the deportation of
an asylum seeker awaiting a court decision on an appeal. The initial
request for a postponement must come from the asylum seeker. In
previous years, human rights advocates criticized the deportation of
several asylum applicants when their deportation dates came up although
they were awaiting a court decision on an appeal.
In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion.
During the year the Directorate of Immigration processed 18
applications for asylum. It gave residence permits on humanitarian
grounds to six persons and granted refugee status to four asylum
seekers, one of whom was a dependent. The Directorate of Immigration
rejected seven asylum applications, one of which was on the basis of
the Dublin Convention, which allows for the return of refugees and
asylum seekers to the first country they entered that is also party to
the regulation. One asylum seeker withdrew his/her application or left
the country voluntarily.
Asylum seekers were eligible for government-subsidized health care
during the processing of their cases, which at times took a year or
longer. They could enroll their children in public schools after three
months in the country. Asylum seekers could also obtain work permits
and attend Icelandic language classes.
The minister of justice and human rights appoints the head of the
Directorate of Immigration, which is also the adjudicating body of
first instance for asylum cases. Some observers asserted that this
hierarchy could constitute a conflict of interest because asylum
seekers must appeal denials to the Ministry of Justice and Human
Rights. If rejected at that level, however, they can appeal to the
courts.
Human rights advocates criticized the law for not specifying which
``significant human rights reasons'' must underpin granting temporary
residence (and eligibility for work permits) while asylum cases are
processed, arguing that the situation created the possible appearance
of arbitrary decisions. Observers noted that the law was ambiguous
about the criteria for granting and denying asylum. This ambiguity,
combined with the small number of approved asylum applications, left
unclear what considerations were applied in adjudicating the
applications of asylum seekers. The law allows for accelerated refusal
of applications deemed to be ``manifestly unfounded.''
In March the Directorate of Immigration granted a residence permit
to a male Kenyan asylum seeker and his family on grounds of possible
repression in Kenya. The country's authorities had deported him to
Italy in 2008, but the minister of justice and human rights overturned
the directorate's decision that same year and ordered it to evaluate
the basis of his asylum claim. His family had not been deported, and
the Government allowed the man to return to the country and remain
during the evaluation period.
The law permits the Government to provide temporary protection to
individuals who may not qualify as refugees. The Government has never
made use of this authorization. In September parliament broadened the
definition of a refugee by granting added protection to individuals who
are not defined as refugees under the 1951 Convention relating to the
Status of Refugees but who are in need of protection.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--In April 2009 the country
held parliamentary elections that were considered free and fair. In
2008 the incumbent president was reelected unopposed. Political parties
could operate without restriction or outside interference.
There were 26 women in the 63-seat parliament and four women in the
10-member cabinet. One of the nine Supreme Court members and 14 of 40
district court judges were women. No members of minority groups held
seats in either parliament or the cabinet.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented these laws effectively. There were
no reports of government corruption during the year.
Most public officials were not subject to financial disclosure
laws. Members of parliament are expected, but not required, to report
their financial interests to the parliament's presidium for public
disclosure. Every member of parliament has registered his or her
financial interests. In September parliament passed legislation making
the rules on the financing of political parties more transparent.
The law provides for public access to government information, and
the Government provided access in practice for citizens and
noncitizens, including foreign media. On occasion the Government denied
legal requests for information based on reasons of confidentiality. The
Government provided the legal reasons for denials. Appeals against
refusals by government authorities to grant access to materials may be
referred to an information committee consisting of three persons
appointed by the prime minister. Permanent employees of government
ministries may not be members of the committee.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
The independent parliament's ombudsman elected by parliament
monitored and reported to national and local authorities on human
rights developments to ensure that all residents, whether or not they
were citizens, received equal protection. Individuals could lodge
complaints with the ombudsman about the decisions, procedures, and
conduct of public officials and government agencies. The ombudsman may
demand official reports, documents, and records; summon officials to
give testimony; and access official premises. Government agencies
generally responded to the ombudsman's requests for information and
documents within a reasonable time. While the ombudsman's
recommendations are not binding on authorities, the Government
generally adopted them.
Parliament's General Committee is responsible for legislative
oversight of human rights in the country.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, disability, language, and social status. Various laws implement
these prohibitions, and the Government effectively enforced them.

Women.--Rape carries a maximum penalty of 16 years in prison.
Judges typically imposed sentences of one to three years. The law does
not explicitly address spousal rape. In previous years, the Icelandic
Counseling and Information Center for Survivors of Sexual Violence
(Stigamot) noted that the number of reported rapes consistently rose
faster than the number of convictions. According to national police
statistics, there were 78 reported rapes in 2009. During that year
prosecutors brought nine cases to trial and obtained convictions in
two, but the courts had not ruled on six cases by the end of 2009. In
2008 convictions were obtained in four of the 13 cases that went to
trial.
During the year 118 women sought temporary lodging at the country's
shelter for women, mainly because of domestic violence. The shelter
offered counseling to 257 clients. During the year 105 women sought
assistance at the rape crisis center of the national hospital
(Landspitali--The National University Hospital of Iceland). Activists
continued to complain that the burden of proof in rape cases was too
heavy and discouraged victims from reporting acts of rape and
authorities from prosecuting them. The Government did not respond
formally to these concerns.
The law prohibits domestic violence; however, violence against
women continued to be a problem. The penalties can range from a fine to
16 years in prison, depending on the type of violence committed. In
addition, the law permits judges to increase the sentences of persons
who commit violence against persons with whom they had a domestic
relationship or other close bond. However, there were no domestic
violence cases in which judges actually handed down heavier sentences,
and one respected activist expressed concern that sentences were too
lenient.
Police statistics indicated that the incidence of reported violence
against women, including rape and sexual assault, was low; however, the
number of women seeking medical and counseling assistance suggested
that many incidents went unreported. As of December 22, law enforcement
agencies reported 195 cases of domestic quarrelling and 284 cases of
domestic violence to the State Prosecutor's Office. In September the
Center for Children and Family Research, commissioned by the Ministry
of Social Affairs and Social Security, released a study indicating that
0.5-2.0 percent of all women above the age of 18, or between 590 and
2,360 women, had suffered violence from their spouse or former spouse
in 2009.
Some local human rights monitors attributed the underreporting of
domestic violence and sex crimes to the infrequency of convictions and
to traditionally light sentences. In the few cases of domestic violence
that went to court, the courts often continued to base sentences on
precedent and rarely made full use of the more stringent sentencing
authority available under the law. According to statistics from the
Icelandic Counseling and Information Center for Survivors of Sexual
Violence, in 2009, the latest year for which data was available, 12.4
percent of its clients pressed charges.
The Government helped finance the Icelandic Counseling and
Information Center for Survivors of Sexual Violence, the rape crisis
center of the national hospital, and other organizations that assisted
victims of domestic or gender-based violence. In addition to partially
funding such services, the Government provided help to immigrant women
in abusive relationships, offering emergency accommodation, counseling,
and information on legal rights.
Two laws prohibit sexual harassment. The general penal code
prohibits sexual harassment and stipulates that violations are
punishable by imprisonment up to two years. The law on equal status
defines sexual harassment more broadly as any type of unfair and/or
offensive sexual behavior--physical, verbal, or symbolic--that is
unwanted, affects the self-respect of the victim, and continues despite
a clear indication that the behavior is undesired. The law requires
employers and organization supervisors to make specific arrangements to
prevent employees, students, and clients from becoming victims of
gender-based or sexual harassment. Victims of harassment can report
incidents to the Complaints Committee on Equal Status. Employers are
only required to provide their employees with information on the legal
prohibitions against sexual harassment in workplaces with 25 or more
employees. Gender equality advocates reported receiving several
complaints during the year, but there were no court cases.
Although courts could issue restraining orders, advocates expressed
concern that such orders were ineffective because courts granted them
only in extreme circumstances and the court system took too long to
issue them. Victims of sex crimes were entitled to lawyers to advise
them of their rights and to help them pursue charges against the
alleged assailants; however, a large majority of victims declined to
press charges or chose to forgo trial, in part to avoid publicity.
Couples and individuals have the right to decide freely and
responsibly the number, spacing, and timing of their children, and to
have the information and means to do so free from discrimination,
coercion, and violence. There were no restrictions on the access to
contraceptives and maternal health services, including skilled
attendance during childbirth. Women had easy access to prenatal care,
essential obstetric care, and postpartum care. Women also used nurses
and midwives for prenatal and postnatal care unless the mother or child
suffered more serious health complications. According to UN estimates
for 2008, the maternal mortality rate in the country was five deaths
per 100,000 live births. Women were diagnosed and treated for sexually
transmitted infections, including HIV, equally with men.
Women enjoy the same legal rights as men, including under the
family and property laws and in the judicial system. However, despite
laws that require equal pay for equal work, a pay gap existed between
men and women. According to a study conducted by the Social Science
Research Institute of the University of Iceland in 2008, women working
full time earn 77 percent of the base pay of men who also worked full
time, noting, however, that men generally worked longer hours. When
working hours were taken into account, women earn 84 percent of the
base pay of men. The law states that employers and unions should work
towards gender equality in the labor market, especially in managerial
positions, and that employers should work towards declassifying jobs as
primarily female- or male-oriented. According to the Center for Gender
Equality (CGE), the Government has taken steps to attract men to
female-oriented jobs and vice versa, but success was limited. The CGE
affirmed that many more men than women are in managerial positions.
The Government funded a center for promoting gender equality to
administer the Act on Equal Status and Equal Rights of Women and Men.
The center also provided counseling and education on gender equality to
national and municipal authorities, institutions, companies,
individuals, and nongovernmental organizations. The minister of social
affairs and social security appoints members of the Complaints
Committee on Equal Status, which adjudicates alleged violations of the
act. The minister also appoints members of the Equal Status Council,
drawn from national women's organizations, the University of Iceland,
and labor and professional groups. The council makes recommendations
for equalizing the status of men and women in the workplace.
During the year the Complaints Committee on Equal Status decided in
the single case brought before it that the law was not breached.

Children.--Citizenship is derived by birth from one's parents. A
child acquires the country's citizenship at birth if both parents are
Icelandic citizens, if the mother is an Icelandic citizen, or if the
father is an Icelandic citizen and is married to the child's foreign
mother. However, if a mixed-nationality couple had obtained a judicial
separation at the time when the child was conceived, the child acquires
the mother's citizenship. If the child is stateless, he or she can
become an Icelandic citizen at the age of three. In both cases, the
child's access to social services depends on whether it has a residence
permit in Iceland.
In 2009 local child protection committees, whose work is
coordinated by the Agency for Child Protection, received 1,734 reports
of abuse, including 769 reports of emotional abuse, 534 of physical
abuse, and 447 of sexual abuse. The agency operated three treatment
centers and a diagnostic facility for abused and troubled minors and
coordinated the work of 30 committees throughout the country that were
responsible for managing child protection problems in their local
areas. The local committees hired professionals with expertise in
social work and child protection.
The Government maintained a children's assessment center to
accelerate prosecution of child sexual abuse cases and to lessen the
trauma experienced by the child. In 2009 the center conducted 168
investigative interviews, provided assessments and therapy for 139
children, and performed 17 medical examinations.
The children's ombudsman, who is appointed by the prime minister
but acts independently of the Government, has a mandate to protect
children's rights, interests, and welfare. When investigating
complaints, which typically involved physical and psychological abuse
and inadequate accommodation for children with illnesses or
disabilities, the ombudsman had access to all public and private
institutions that housed or otherwise cared for children. The ombudsman
was not empowered to intervene in individual cases but could
investigate them for indications of a general trend. The ombudsman
could also initiate cases at personal discretion. While the ombudsman's
recommendations are not binding on authorities, the Government
generally adopted them.
The law criminalizes statutory rape with incarceration for up to 12
years. The minimum age for consensual sex is 14. The law prohibits
child pornography, which is punishable by up to two years in prison.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual Report on Compliance with the Hague Convention on the
Civil Aspects of International Child Abduction at http://
travel.state.gov/abduction/resources/congressreport/congressreport--
4308.html.

Anti-Semitism.--The Jewish community numbered fewer than 100
individuals. There were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities. There were no reports of official discrimination in
employment, education, access to health care, and the provision of
other state services. The law also provides that persons with
disabilities receive preference for government jobs when they are at
least as qualified as other applicants. However, disability rights
advocates asserted that the law was not fully implemented and that
persons with disabilities constituted a majority of the country's poor.
The Government ensured that persons with disabilities have access
to buildings, information, and communications. Building regulations
require that public accommodations and government buildings, including
elevators, be accessible to persons in wheelchairs, that public
property managers reserve 1 percent of parking spaces (a minimum of one
space) for persons with disabilities, and that sidewalks outside the
main entrance of such buildings be kept clear of ice and snow to the
extent possible. Violations of these regulations are punishable by a
fine or a jail sentence of up to two years; however, the main
association for persons with disabilities complained that authorities
rarely, if ever, assessed penalties for noncompliance.
The Ministry of Social Affairs and Social Security was the lead
government body responsible for protecting the rights of persons with
disabilities. It coordinated the work of six regional offices that
provided services and support to persons with disabilities. It also
maintained a diagnostic and advisory center in Reykjavik that sought to
create conditions allowing persons with disabilities to lead normal
lives.

National/Racial/Ethnic Minorities.--Immigrants, mainly from Eastern
Europe and the Baltic countries, suffered occasional incidents of
harassment based on their ethnicity.
In September a father and son of Cuban origin temporarily left the
country following a series of allegedly racially motivated attacks on
their family home by two men. The case received significant media
attention, and the public was generally outraged and showed broad
support for the father and son. Following the incident, several other
individuals of non-Icelandic ethnicity came forward saying that they
had witnessed racism in Icelandic society.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--In August an estimated 80,000
to 100,000 persons attended the annual gay pride march in Reykjavik.
The Government authorized the march and police provided sufficient
protection to marchers.
There were no reports of societal violence or discrimination based
on sexual orientation in employment and occupation, housing,
statelessness, or access to education or health care.

Other Societal Abuses and Discrimination.--There were no reports of
societal violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law allows workers to form and
join independent unions of their choice without previous authorization
or excessive requirements, and workers exercised these rights. Labor
unions were independent of the Government and political parties.
Approximately 80 to 85 percent of workers belonged to unions. Workers
had the right to strike and exercised this right in practice. The
Government has imposed mandatory mediation when strikes have threatened
key sectors in the economy, such as in the fishing industry. In March
parliament passed a bill prohibiting a strike by the approximately 165
aircraft mechanics employed by Icelandair, which would have been forced
to cancel many of its flights had the Government not taken this
measure.

b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference and prohibits
antiunion discrimination and employer interference in union functions,
and the Government protected these rights in practice. The law allows
workers, including foreign workers, to bargain collectively, and
workers exercised this right in practice. Collective bargaining
agreements covered approximately 100 percent of the workforce.
There were no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that women were trafficked to the country from Eastern Europe,
Africa, and Brazil for sexual exploitation. There were also reports of
persons being trafficked to the country to work in the construction,
manufacturing, and restaurant industries. See the Department of State's
annual Trafficking in Persons Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
Government effectively implemented laws and policies to protect
children from exploitation in the workplace.
The law prohibits the employment of persons younger than 16 years
of age in factories, on ships, or in other places that are hazardous or
require hard labor; this prohibition was enforced in practice. Children
who are 14 or 15 years of age may work part time or during school
vacations in light, nonhazardous jobs. Their work hours must not exceed
the ordinary work hours of adults in the same positions. The
Administration of Occupational Safety and Health (AOSH) enforced child
labor regulations effectively.

e. Acceptable Conditions of Work.--The law does not establish a
minimum wage. The minimum wages negotiated in various collective
bargaining agreements applied automatically to all employees in those
occupations, including foreign workers, regardless of union membership.
While the agreements can be either industry-wide, sector-wide, or in
some cases firm-specific, the negotiated wage levels are occupation-
specific. Labor contracts provided a decent standard of living for a
worker and family.
The standard legal workweek is 40 hours, including nearly three
hours of paid breaks a week. Work exceeding eight hours per day must be
compensated as overtime. Overtime pay does not vary significantly
across unions, but unions determine the terms of overtime pay when
negotiating a bargaining agreement with the employer's association.
Workers are entitled to 11 hours of rest within each 24-hour period and
to a day off every week. Under special defined circumstances, employers
may reduce the 11-hour rest period to no less than eight hours, but
they must then compensate workers with one-and-a-half hours of rest for
every hour of reduction. They may also postpone a worker's day off, but
the worker must receive the corresponding rest time within 14 days.
Foreign workers are entitled to the same protections in terms of
working time and rest periods as citizens. The AOSH effectively
enforced these regulations.
There were indications that undocumented foreign workers--primarily
men in the construction and restaurant industries--were underpaid and
required to work long hours while living in substandard housing or even
sleeping at building sites. Most sources stressed that the men
willingly worked illegally to earn more than they might have expected
in their East European or Baltic home countries. The size of the
immigrant labor force shrank drastically because of the country's
financial and economic crisis that began in 2008.
The law sets health and safety standards, and the Ministry of
Social Affairs and Social Security administers and enforces them
through the AOSH, which conducted both proactive and reactive
inspections. The ministry can close workplaces that fail to meet safety
and health standards. Workers have a collective, but not individual,
right to refuse to work at a job that does not meet occupational safety
and health criteria. It is illegal to fire workers for reporting unsafe
or unhealthy conditions, and this law generally was observed in
practice.

__________

IRELAND

Ireland, with a population of approximately 4.1 million, is a
multiparty parliamentary democracy with an executive branch headed by a
prime minister, a bicameral parliament (Oireachtas), and a directly
elected president. The country held free and fair parliamentary
elections in 2007. Security forces reported to civilian authorities.
During the year there were some reports of police abuse of
authority and inadequate care for prisoners with mental disabilities.
Domestic violence; mistreatment of children; trafficking in persons;
and discrimination against racial minorities, immigrants, and
Travellers were problems.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings. The Government actively cooperated with authorities
of the United Kingdom in Northern Ireland in efforts to solve killings
and disappearances, and to recover and identify remains related to the
activities of armed political dissidents on both sides of the Ireland-
Northern Ireland border.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and there were no
reports that government officials employed them. Reports by the
ombudsman of the national police, which administers the prisons, as
well as from the prison chaplain office found no incidents of cruel,
inhuman, or degrading treatment or punishment.
Siochana (national police) Ombudsman Commission (GSOC) alleged
3,509 instances of incorrect behavior by the police, of which 1,178
were deemed inadmissible. The GSOC also received 1,543 queries from the
general public relating to the procedure for filing complaints. The
largest number of allegations related to abuse of authority, followed
by neglect of duty. Approximately 15 percent of the allegations were
for nonfatal offenses against the person. The overall number of
complaints and allegations against police officers decreased
approximately 15-25 percent from the previous year.

Prison and Detention Center Conditions.--While prison conditions
generally met international standards, there were some problems. The
Government allegedly inappropriately held some mentally ill prisoners
in prisons rather than in mental health care facilities. The Irish
Prison Service investigated the case of a mentally ill, homeless woman
who was forcibly removed from prison despite saying she had nowhere to
go.
Prison overcrowding was a problem. According to the 2009 Irish
Prison Service annual report, prisons averaged a 95 percent occupancy
rate, with several prisons exceeding their capacity.
Mountjoy Prison was built for 489 prisoners; the Inspector of
Prisons has stated that it cannot safely accommodate more than 540
prisoners, but the stated ``bed capacity'' was 630. As of the end of
July, it held 759 prisoners. There was structured activity for a
maximum of 391 prisoners.
Vulnerable prisoners at risk of self-harm and suicide were placed
in safety observation cells for weeks at a time because there was no
high-support unit at Mountjoy Prison, according to a report by the
Mental Health Commission. The Mental Health Commission was concerned
that observation cells were the only resources available to treat
vulnerable prisoners at Mountjoy. The Mental Health Commission also
criticized prison authorities for giving nursing staff the authority to
place prisoners in cells without the standard four-hour review required
at approved mental health facilities.
The Irish Prison Chaplains' Annual Report criticized overcrowding
at Limerick Prison, where, on July 23, there were 322 prisoners
detained in a facility originally built for 185.
At times authorities held detainees awaiting trial in the same
facilities as convicts. Although the country maintained facilities to
provide for separation between children and young adults, authorities
held a small number of 17-year-olds with specific individual needs,
including the need for higher security, with young adults.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. Authorities permitted prisoners and
detainees to submit complaints to judicial authorities without
censorship and to request investigation of credible allegations of
inhumane conditions. Authorities investigated allegations of inhumane
conditions and documented the results of such investigations in a
publicly accessible manner. The Government investigated and monitored
prison and detention center conditions.
Human rights groups continued to criticize understaffing and poor
infrastructure at the Central Mental Health Hospital in Dundrum, the
country's only secure hospital for prisoners with mental disabilities.
The Government permitted prison visits by domestic and
international human rights observers, including the International
Committee of the Red Cross. From January 25 to February 5, a delegation
from the Council of Europe's Committee for the Prevention of Torture
(CPT) carried out a visit to prisons, detention centers, and
psychiatric institutions in the county. The CPT's did not make the
report on the visit by year's end.
The country does not have an ombudsman who can address such matters
as alleviating overcrowding by offering alternatives to incarceration
for nonviolent offenders; monitoring the circumstances of confinement
of juvenile offenders; and ensuring that prisoners do not serve beyond
the maximum sentence for the charged offense by improving pretrial
detention, bail, and recordkeeping procedures.

d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the national police and the army,
which was authorized to act when necessary in support of the unarmed
police. The Government has effective mechanisms to investigate and
punish abuse and corruption. There were no reports of impunity
involving the security forces during the year; however, there were
isolated problems of abusive behavior, which the Government
investigated and punished.

Arrest Procedures and Treatment While in Detention.--An arrest
requires a warrant except in situations requiring immediate action for
the protection of the public. Authorities must inform detainees
promptly of the charges against them and, with few exceptions, cannot
hold them longer than 24 hours without charge. For crimes involving
firearms, explosives, or membership in an unlawful organization, a
judge may extend detention for an additional 24 hours upon the police
superintendent's request. The law permits detention without charge for
up to seven days in cases involving suspicion of drug trafficking;
however, to hold such a suspect longer than 48 hours, police must seek
a judge's approval.
Upon their arrest, the law permits detainees and prisoners prompt
and unrestricted access to attorneys. If the detainee does not have an
attorney, the court appoints one; for indigent detainees, the
Government provides. The law allows detainees prompt access to family
members.
The law requires that authorities bring a detainee before a
district court judge ``as soon as possible'' to determine bail status
pending a hearing. The law allows a court to refuse bail to a person
charged with a crime that carries a penalty of five years' imprisonment
or more, or when deemed necessary to prevent the commission of another
serious offense.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.

Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right.
The director of public prosecutions prosecutes criminal cases.
Courts generally used jury trials in criminal cases, and the accused
may choose an attorney. Indigent defendants have the right to an
attorney at public expense. Defendants enjoy the presumption of
innocence and have the right to present evidence, question witnesses,
and appeal.
The law explicitly allows ``special courts'' to be created when
``ordinary courts are inadequate to secure the effective administration
of justice and the preservation of public peace and order.'' A nonjury
``special criminal court'' tries all cases the director of public
prosecutions certifies to be beyond the capabilities of an ordinary
court. The judicial branch selects the three judges making up the
special court, which usually includes one high court judge, one circuit
court judge, and one district court judge. The panel reaches its
verdicts by majority vote. The rules of evidence are generally the same
as in regular courts, but the court accepts a sworn statement of a
police chief superintendent identifying the accused as a member of an
illegal organization as prima facie evidence of such membership.
Special criminal court proceedings are generally public, but judges may
exclude certain persons other than journalists. Both defendants and
prosecutors may appeal special criminal court decisions to the court of
criminal appeal.
The constitution allows the parliament to create tribunals, with
limited powers, to investigate designated matters, usually cases of
government corruption. They do not try cases; however, if warranted,
their findings may be the basis for formal charges. In each instance,
the legislation creating the tribunal sets out its powers and rules of
procedure. Authorities established some tribunals to last indefinitely
and established others only for a specific task.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--On September 10, the Grand
Chamber of the European Court of Human Rights (ECHR) issued a judgment
in the case of McFarland v. Ireland that found that the state had
violated articles 6 (right to a fair trial) and 13 (right to an
effective remedy) of the European Convention on Human Rights. The ECHR
ordered the Government to pay the applicant, Brendan McFarlane, 5,500
euros ($7,370) in non-pecuniary damages and 10,000 euros ($13,400) in
court costs.
The applicant, Brendan McFarlane, lodged the complaint on grounds
of alleged false imprisonment related to his 1998 arrest for unlawful
possession of firearms. McFarlane claimed that delayed proceedings and
lack of access to certain evidence had deprived him of his right to a
fair trial. His complaint to the European Court of Justice stated that
because of delays, key evidence in his defense was lost.
The Government has said that it intends to comply with the
judgment, and has three months to pay the non-pecuniary damages.

Civil Judicial Procedures and Remedies.--The independent and
impartial judicial system hears civil cases and appeals on civil
matters, including damage claims resulting from human rights
violations; such claims may be brought before all appropriate courts,
including the Supreme Court.

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech, and the Government generally respected this right in
practice.
The constitution provides for freedom of the press with the
qualification that it not ``undermine public order or morality or the
authority of the state.'' The constitution prohibits the publication or
utterance of ``blasphemous, seditious, or indecent'' material. The law
provides that a person can be found guilty of blasphemy if ``he or she
publishes or utters matter that is grossly abusive or insulting in
relation to matters held sacred by any religion, thereby causing
outrage among a substantial number of the adherents of that religion.''
The maximum penalty for this offense is a 25,000 euro ($33,500) fine.
The law proscribes words or behaviors that are likely to generate
hatred against persons in the country or elsewhere because of their
race, nationality, religion, national origins, or sexual orientation.
There were no reports that authorities invoked these provisions during
the year.
The law empowers the Government to prohibit the state-owned radio
and television network from broadcasting any material ``likely to
promote or incite to crime or which would tend to undermine the
authority of the state.'' Authorities did not invoke this prohibition
during the year.
The independent media were active and expressed a wide variety of
views without government restriction.
The Censorship of Publications Board has the authority to censor
books and magazines it finds indecent or obscene. The board did not
exercise this authority during the year.
The Irish Film Classification Office (IFCO) must classify films and
videos before they can be shown or sold; it must cut or prohibit any
film that is ``indecent, obscene, or blasphemous'' or which tends to
``inculcate principles contrary to public morality or subversive of
public morality.'' During the year the IFCO did not prohibit any films
or videos.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the Government
generally respected this right. The law allows the state to ``prevent
or control meetings'' that authorities believe would breach the peace
or to be a danger or nuisance to the general public.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and laws provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees.
A refugee in Irish law is someone who ``owing to a well-founded
fear of being persecuted for reasons of race, religion, nationality,
membership of a particular social group or political opinion, is
outside the country of his or her nationality and is unable or, owing
to such fear, unwilling to avail himself or herself of the protection
of that country...'' The law provides that a social group can include
membership of a trade union or a group of people whose defining
characteristic is sexual orientation.
Refugee status is granted if an applicant meets the requirements
set out in the above definition. If granted, this status provides
protection against return to the person's country of origin or
residence, and includes the right to family reunification of immediate
family members. Recognized refugees are entitled to work or operate a
business and to access medical, social welfare and education services
on the same basis as Irish citizens. They are also provided with a
residence permit.
In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion.
The Government operated a resettlement program that accommodates up
to 200 persons per year on referral from the UNHCR or identified
through selection missions to existing UNHCR refugee operations.
There were no reports of discrimination against refugees,
restrictions on their ability to work, or access to education and law
enforcement.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens with the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.

Elections and Political Participation.--Observers reported that the
2007 parliamentary elections were free and fair. Political parties
could operate without restriction or outside interference.
There were 22 women in the 166-seat house of representatives (Dail
Eireann) and 12 women in the 60-seat senate (Seanad Eireann). The
president of the republic was a woman, as were three of the 15
government ministers. There were five women on the 34-member High Court
and two on the eight-member Supreme Court.
There were no minorities in the lower house, the senate, or the
cabinet.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented these laws effectively. During the
year there were some allegations of government corruption; there were
no confirmed reports of police corruption.
Public officials were subject to financial disclosure laws. The
Revenue Commission in the Department of Finance is responsible for
identifying and combating government corruption.
The law provides for public access to government information and
requires government agencies to publish information on their activities
and make such information available to citizens, noncitizens, and
foreign media upon request. Authorities generally granted public
information requests and did not charge prohibitive fees. There were
mechanisms for appealing denials.
There were no reports of any corporation based in or operating
under the jurisdiction of Ireland that through illicit trade in natural
resources, supported armed groups accused of committing abuses.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
The country has an ombudsman for the press and a human rights
commission.
The Irish Human Rights Commission (IHRC) was established under
statute in 2000 to promote and protect those rights, liberties, and
freedoms guaranteed under the constitution and under international
agreements, treaties, and conventions to which the country is a party
for all persons living or present in Ireland.
The IHRC fulfills its statutory mandate by: Promoting awareness
about human rights; Promoting and providing human rights education and
training; Recommending to government how human rights standards should
be reflected in legislation, policy, and practice; Promoting debate
around human rights issues as part of the legislative process;
Appearing before the High Court and Supreme Court to assist the courts
with the interpretation of human rights standards in specific cases;
Carrying out inquiries into human rights concerns; Publishing and
promoting research and reports on human rights.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination in employment on the basis of
gender, marital status, family status, sexual orientation, religion,
age, disability, race, and membership in the Traveller community, and
the Government sought to enforce the law; however, discrimination
against racial and ethnic minorities, including immigrants and
Travellers, remained a problem.

Women.--The law criminalizes rape, including rape within marriage,
and the Government enforced it. The law provides for free legal advice
to victims of serious sexual assault. There were 2,250 sexual offenses
reported to authorities, including 436 rapes. The police and judicial
authorities showed no reluctance to investigate and prosecute rape or
sexual assaults. Most of the persons convicted received prison
sentences of between five and 12 years.
The law criminalizes domestic violence, but such violence continued
to be a problem. The law authorizes prosecution of a violent family
member and provides victims with safety orders that prohibit a person
from engaging in violent actions or threats and orders that bar an
offender from entering the family home for up to three years. Victims
may apply for interim protection while courts process their cases.
Violations of these orders are punishable by a fine of up to 1,900
euros ($2,546).
The police have the power to arrest and prosecute any person for
illegal violent acts, including those committed against a family
member. Under the law there are two main kinds of protection available:
a safety order and a barring order.
A safety order is an order of the court prohibiting the violent
person from further violence or threats of violence. A barring order is
an order requiring the violent person to leave the family home, to
refrain from further violence or threats of violence, and not to come
into the close proximity of the family home.
There were over 14,000 incidents of domestic violence disclosed to
the Women's Aid Helpline. These included 8,629 incidents of emotional
abuse, 3,479 incidents of physical abuse, and 1,679 incidents of
financial abuse.
The Government funded centers throughout the country for victims of
domestic abuse. Several NGOs complained about a lack of bed spaces in
domestic refuge shelters.
The law obliges employers to prevent sexual harassment and
prohibits dismissing an employee for making a complaint of sexual
harassment. The Equality Authority investigates claims of unfair
dismissal and may require an employer to reinstate the employee or pay
the employee up to 104 weeks' pay. Authorities effectively enforced the
law in the cases of reported sexual harassment.
Couples and individuals have the right to decide freely and
responsibly the number, spacing, and timing of their children, and to
have the information and means to do so, free from discrimination,
coercion, and violence. Women had access to contraception and skilled
attendance during childbirth. According to information compiled by
international organizations, the maternal mortality rate in 2009 was
approximately three deaths per 100,000 live births. The neonatal
mortality rate was approximately four deaths per 1,000 live births.
Women were not subject to coercive family planning. Men and women were
diagnosed and treated equally for sexually transmitted infections,
including HIV. There are no legal barriers that prevent women from
taking advantage of these services.
Women enjoy the same legal rights as men, including rights under
family law, property law, and in the judicial system. However,
inequalities in pay and promotions persisted in both the public and
private sectors. The average earnings of a woman were 78 percent of
those of a man doing similar work. Women constituted 43 percent of the
labor force but were underrepresented in senior management positions.

Children.--A person born on the island of Ireland, including
Northern Ireland, after January 1, 2005 is automatically an Irish
citizen if at least one parent is an Irish citizen, a British citizen,
a resident of either the Republic of Ireland or Northern Ireland
entitled to reside in either without time limit, or a legal resident of
the Republic of Ireland or Northern Ireland for three out of the four
years preceding the child's birth (excluding time spent as a student or
an asylum seeker).
In 2009 the Dublin Rape Crisis Center reported that 52.8 percent of
the calls to its crisis line involved child sexual abuse. The law
requires government health boards to identify and help children who are
not receiving adequate care and gives police the authority to remove
children from the family if there is an immediate and serious risk to
their health or welfare.
Unaccompanied minors entering the country continued to be a matter
of concern. During the year, 11 unaccompanied children seeking asylum
in the country went missing from government care, according to figures
released by the Health Service Executive. The missing children are all
under 18 years old and arrived in the country without parents or
guardians. Six of the 11 children were later found. Unaccompanied
children who seek asylum are considered vulnerable to exploitation
because they do not have parents or guardians in the country.
Numerous NGOs offered support for abuse victims, as well as
resources for parents and professionals who work with children. The
construction of a national children's hospital in Dublin was delayed
because of budgetary constraints.
The Ombudsman for Children investigates complaints from children or
persons acting on their behalf against various governmental and
nongovernmental bodies and promotes child welfare. The ombudsman
provides an independent complaints handling service in regard to public
bodies, as well as promoting children's rights through participation
and communication activities.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual on compliance at http://travel.state.gov/abduction/
resources/congressreport/congressreport--4308.html as well as country-
specific information at http://travel.state.gov/abduction/country/
country--3781.html.

Anti-Semitism.--According to the 2006 census, the Jewish community
numbered 1,930 persons.
There were no reports of anti-Semitic acts during the year.
In August an anti-Semitic Facebook site was taken down by the
company. The name of the site was ``The Invasion of Jews in Midleton''
and contained negative anti-Semitic stereotypes and jokes about the
Holocaust. Representatives of the Jewish community reported being
saddened and startled by the incident.
There were no developments and none were expected in the cases of
the 2008 anti-Semitic voice message left on the answering machine of
the Dublin Hebrew Congregation or the May 2008 painting of anti-Semitic
slogans and a swastika on the home of a Jewish couple in Tuam.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual and mental
disabilities in employment, education, access to health care, and the
provision of other state services or other areas; and the Government
effectively enforced these provisions. The Government effectively
implemented laws and programs to ensure that persons with disabilities
have access to buildings, information, and communications. The
Government does not restrict the right of persons with disabilities to
vote or participate in civic affairs. The National Disability Authority
has responsibility for setting and implementing disability standards,
as well as directing disability policy.

National/Racial/Ethnic Minorities.--The law prohibits
discrimination based on language or social status, and the Government
enforced the law; however, societal discrimination and violence against
immigrants, and racial and ethnic minorities continued to be a problem.
There were racially motivated incidents involving physical
violence, intimidation, graffiti, and verbal slurs. NGOs reported
problems with landlords refusing to rent property to immigrants who
were not born in Ireland. NGOs also reported that immigrants,
particularly Africans, suffered unemployment disproportionately during
the economic downturn.
According to the 2006 census, 22,369 persons identified themselves
as members of an indigenous nomadic group called ``Travellers,'' with a
distinct history and culture. The Government recognizes Travellers as a
social group rather than a distinct ethnic group. Travellers faced
societal discrimination and were denied access to premises, goods,
facilities, and services, despite applicable antidiscrimination laws
and longstanding government policies to redress imbalances.
Despite national regulations, Travellers frequently experienced
difficulties enrolling their children in school. Of the estimated 5,000
Traveller families, approximately 1,000 lived at sites without
electricity or sanitary facilities. Many Travellers depended on social
welfare for survival, and their participation in the economy was
limited by discrimination and lack of education.
The law obliges local officials to develop accommodations for
Travellers and to solicit Traveller input into the process. Traveller
NGOs asserted that many communities provided Travellers with housing,
such as government-owned apartments or townhouses, which was
inconsistent with the nomadic Traveller lifestyle, or provided
transient caravan-camping sites that did not include basic amenities
such as sanitary facilities, electricity, and water.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Most cities and many towns
celebrated gay pride with parades and festivals. The Government
endorsed these activities and provided sufficient protection.

Other Societal Violence or Discrimination.--There were no reports
of discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law provides workers with the
right to form and join independent unions of their choice without
previous authorization or excessive requirements, and these rights were
respected in practice. Approximately 33 percent of workers in the
private sector and 95 percent in the public sector were unionized.
Among foreign-owned firms, an estimated 80 percent of workers did not
belong to unions, although pay and benefits were usually more
attractive compared with domestic firms. Police and military personnel
may form associations, but technically not unions, to represent them in
matters of pay, working conditions, and general welfare. The law allows
unions to conduct their activities without government interference, and
this right was exercised in practice. The law provides for the right to
strike, except for police and military personnel, and workers exercised
this right in both the public and private sectors.

b. The Right to Organize and Bargain Collectively.--Labor unions
have the right to pursue collective bargaining and in most instances
did so freely; however, the law did not require employers to engage in
collective bargaining, and they did not encourage it.
There were no reports of antiunion discrimination.
There are no special laws or exemptions from regular labor laws in
the export processing zone at the Shannon airport.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that such practices occurred. NGOs reported that men and women
were trafficked into the country for work in the construction industry,
commercial fishing, as domestic servants in private homes, or in
agriculture. Trafficked women and girls were forced into prostitution.
NGOs believed a number of Romani children have been trafficked for the
purpose of forced begging; however, given the difficulty in
understanding Romani family structures, they could not confirm that the
children were not with a natural parent. Officials asserted that while
trafficking and labor exploitation occurred, the magnitude of the
problem was small.
The Government partnered with the International Labor Organization
in its antitrafficking initiative and formed a labor exploitation
working group involving members from trade unions and employer
organizations.
Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
Government implemented laws and policies to protect children from
exploitation in the workplace, and the Government effectively enforced
these laws. Children were trafficked for commercial sexual
exploitation, forced begging, and work in restaurants and domestic
service. Also see the Department of State's annual Trafficking in
Persons Report at www.state.gov/g/tip.
Under the law, employers may not hire children under the age of 16
in a regular, full-time job. Employers may hire 14- or 15-year-olds for
light work on school holidays as part of an approved work experience or
educational program. Employers may hire children over the age of 15 on
a part-time basis during the school year. The law establishes rest
intervals and maximum working hours, prohibits the employment of 18-
year-olds for late night work, and requires employers to keep detailed
records on workers under 18 years of age. The Office of the Labor
Inspectorate at the Department of Enterprise, Trade, and Employment is
responsible for enforcement and was generally effective.

e. Acceptable Conditions of Work.--The national minimum hourly
wage, which was 8.65 euros ($11.60) for most of the reporting period,
was reduced to7.65 euros ($10.25) in December as a budgetary austerity
measure. Low-income families were entitled to such benefits as
subsidized housing, medical coverage, and children's allowances to
compensate for low wages. Legally resident foreign migrant workers are
also eligible for this type of assistance. During the year reports
persisted that the pay of foreign migrant workers was at times below
the minimum wage, particularly in the rural agricultural and
construction sectors. Laws establishing and regulating wage levels do
not explicitly cover foreign migrant workers.
The Government operated a labor-monitoring agency independent of
the Department of Enterprise, Trade, and Employment. The agency was
active and effective.
The standard workweek is 39 hours. The law limits working hours in
the industrial sector to nine hours per day and 48 hours per week. The
law limits overtime work to two hours per day, 12 hours per week, and
240 hours per year. The Government effectively enforced these
standards. Although there is no statutory entitlement, premium pay for
overtime could be arranged between employer and employee.
The Department of Enterprise, Trade, and Employment is responsible
for enforcing occupational safety laws, and these laws provided
adequate and comprehensive protection. There were no complaints from
either labor or management during the year regarding shortcomings in
enforcement. Regulations provide workers with the right to remove
themselves from dangerous work situations that present a ``serious,
imminent, and unavoidable risk'' without jeopardy to their continued
employment, and authorities effectively enforced this right.

__________

ITALY

Italy is a multiparty parliamentary democracy with a population of
approximately 60 million. The bicameral parliament consists of the
Chamber of Deputies and the Senate. The constitution vests executive
authority in the Council of Ministers, headed by the president of the
council (the prime minister). The president, who is the head of state,
nominates the prime minister after consulting with the leaders of all
political forces in the parliament. International observers considered
the 2008 national parliamentary elections free and fair. Security
forces reported to civilian authorities.
Principal human rights problems were lengthy pretrial detention;
excessively long court proceedings; violence against women; trafficking
in persons; and reports of negative attitudes and harassment of gays,
lesbians, Roma, and other minorities.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings, however,
during the year security forces were involved in several controversial
killings.
On February 6, police in Bergamo shot and killed a Moroccan
immigrant, Aziz Amiri. Press reports state that the decedent's car
rammed a military vehicle when it was subjected to a traffic stop.
Prosecutors opened an investigation for disproportionate use of force
by police as they attempted to arrest Amiri.
On October 9, the parents of Federico Aldrovandi agreed to a two-
million-euro ($2.7 million) settlement with the Ministry of the
Interior over the death of their son from a beating by four police
officers in 2005. In July 2009 the court in Ferrara sentenced the four
police officers to 42 months in prison for manslaughter. On March 5,
three of the officers were found guilty of dereliction of duty and
abetting dereliction. On December 10, the trial against the fourth
officer began.
On October 14, a court in Rome sentenced a police inspector, Paolo
Morra, to 10 years in prison and three years in a psychiatric hospital
for the killing of his neighbor, Cheikh Diouf, a Senegalese immigrant.
The incident, which took place in Civitavecchia in January 2009, was
the result of a minor dispute.
On December 1, the Appeals Court of Florence sentenced a police
officer, Luigi Spaccarotella, to nine years and four months'
imprisonment for the murder of Gabriele Sandri during a fight between
rival soccer fans in Arezzo in 2007. Spaccarotella had been sentenced
to six years in jail for manslaughter in July 2009, but the appeals
court ruled that the killing was voluntary.
Doctors who performed the autopsy in the March 2009 case of the
Algerian man who died in a center for identification and expulsion in
Rome determined that his death was the result of a heart attack. Other
detainees had claimed that police officers had beaten him. The results
of an internal investigation by the Ministry of the Interior have not
been released.
In September 2009 a trial against two police officers charged with
the murder of Giuseppe Turrisi, a man who was living in a homeless
shelter, began in Milan. A final ruling on the case was not reported as
of year's end.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, there were
reports that police occasionally used excessive force against persons,
particularly Roma and immigrants, detained in connection with common
criminal offenses or in the course of identity checks.
On October 19, two police officers were indicted for having
restrained and beaten a man who had stolen a car in Milan in August
2009. Another officer was put on trial for aiding and abetting his two
colleagues.
On December 7, a trial began against eight Parma police officers
charged with assaulting Emmanuel Bonsu Foster while arresting him in
2008 on drug charges.
On April 4, the Council of Europe's Committee for the Prevention of
Torture (CPT) published the report of its 2008 visit to the country's
prisons and detention facilities. The CPT reported that in general
detained persons were correctly treated and that overall conditions
were satisfactory, but that the country's prisons and detention
facilities nevertheless had significant problems.
While most detained persons that the CPT interviewed reported that
police treated them correctly in custody, the CPT did receive a number
of allegations of physical mistreatment and excessive use of force by
police and Carabinieri officers and, to a lesser extent, by officers of
the financial police. The alleged mistreatment consisted in the main of
punches, kicks, or blows with batons at the time of apprehension and,
on occasion, during custody in a law enforcement establishment. Most of
the allegations related to police and Carabinieri officers in the
Brescia area. In a number of cases, the CPT found medical evidence
consistent with the allegations.
On June 17, the Appeals Court of Genoa sentenced Gianni De Gennaro,
who was head of the National Police during protest demonstrations at
the 2001 G-8 Summit, to 16 months' imprisonment for having induced
police officers to give false testimony regarding police behavior
toward the protesters. However, De Gennaro retained his position as the
director of the department responsible for oversight of Italy's two
main intelligence agencies. His lawyers planned to appeal the case to
the Supreme Court, but a date for the final ruling on the case has not
been set.
On March 5, an appeals court sentenced seven police officers to
prison terms of 12 to 38 months for the ``inhuman or degrading
treatment,'' including assault, on some detained 2001 G-8 Summit
protesters. Originally 44 police officers were put on trial. The other
37 were not sentenced because the statute of limitations had run out.
The court ordered all 44 defendants to pay compensation to the victims.
On May 18, the Genoa Appeals Court sentenced 25 police officers to
prison terms of 44 to 48 months for perjury, conspiracy, or assault
stemming from their raid on a building used by the protesters.
In its report released on April 4, the CPT noted that, in addition
to violating the principal of refoulement, authorities carrying out
government's policy known as ``push-back,'' which involves intercepting
migrants at sea and returning them to non-European countries, used
disproportionate appropriate force (see section 2.d.).
On June 7, the Ministerial Committee of the Council of Europe
called on Italy to avoid deportations that would violate European Court
of Human Rights (ECHR) rulings. The Ministry of Interior expelled four
Tunisians, including Toumi Ali Ben Sassi in 2009 and Ben Khemais in
2008, who were suspected of terrorism. The ECHR ruled that the
deportations violated the European Convention on Human Rights on the
grounds that the returned men risked torture and mistreatment in their
home country.

Prison and Detention Center Conditions.--Many prison and detention
centers met international standards, although some prisons were
seriously overcrowded and antiquated. The Government permitted visits
by independent human rights observers.
On July 15, a Rome prosecutor requested the indictment of 13
physicians, nurses, and agents charged with violence, perjury, abuse of
power, and abetting in the death of Stefano Cucchi, who was under
arrest for drug possession. While he was in custody, police transferred
him to Rebibbia prison and then to a hospital, where he died in October
2009. The judge's ruling was pending at year's end.
As of November 30, according to the Ministry of Justice, 69,155
inmates were in a prison system designed to hold 44,066; however, the
uneven distribution of prisoners left a few institutions particularly
overcrowded. Older facilities lacked outdoor or exercise space, and
some prisons lacked adequate medical care. In September approximately
54 percent of inmates were serving sentences; 43 percent were mainly
detainees awaiting trial. Prisoners had access to visitors and
attorneys and were allowed to submit complaints to judicial
authorities, who generally investigate credible allegations. The
Government and nongovernmental organizations (NGOs) regularly monitored
the prison system.
According to an independent research center, between January and
November, 160 prisoners died in custody, 61 of them by suicide. There
were allegations that a small number of these deaths were the result of
abuse or negligence on the part of prison officials.
In its April 4 report, the CPT noted that conditions were generally
acceptable in the country's prisons, but many prisons were seriously
overcrowded, and in some cases prisoners lacked basic hygiene items.
The CPT also noted that, in some cases, corrections officers used
excessive or disproportionate force to restrain prisoners, which at
times resulted in injuries. The CPT found that in some prisons,
prisoners sentenced to long terms did not have sufficient access to
family visits or telephone calls.
In December an officer from the Via Corelli Identification Center
was sentenced to seven years and two months in prison for the 2009 rape
of a Brazilian transsexual inmate.
Some groups, including the NGO Doctors without Borders, claimed
that conditions in detention centers were poor and that there was
evidence of overcrowding. There were reports of disturbances at
detention centers for immigrants throughout the year. For example, on
August 28, 30 detainees staged a protest at Gradisca d'Isonzo, while
nine other detainees used the disturbance for an escape attempt. The
next day detainees continued to try to escape, injuring soldiers who
were attempting to restore order. On December 12, detainees protested
at the Via Corelli detention center in Milan. A week later detainees
caused additional property damage at the detention center.
The law does not require pretrial detainees to be held separately
from convicted prisoners; they were held together in smaller prisons.
The Government permitted visits to detention facilities by
independent human rights organizations, parliamentarians, and the
media.
Several municipalities and the NGO Antigone had permanent
independent ombudsmen to promote the rights of detainees and facilitate
access to health care and other services. The central government
assigned magistrates to every prison in the country to provide for
prisoners' rights, to apply measures to prevent infiltration of
organized crime amongst inmates, and to examine alternatives to
incarceration. The magistrates also made decisions on eligibility for
parole and work release.
The Government provided access to detention centers for
representatives of the Office of the UN High Commissioner for Refugees
(UNHCR), and these visits were in accordance with the UNHCR's standard
modalities.
On January 14, the Government adopted a prison plan designed to
establish 18 new facilities from 2011 and to hire 2,000 additional
prison guards. In September the Government approved a decree enabling
citizens of other EU countries serving prison sentences in Italy to be
transferred to, and serve out their sentences in, their countries of
origin.

d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the Carabinieri, the national police,
the financial police, and municipal police forces. The Government has
effective mechanisms to investigate and punish abuse. There were no
reports of impunity involving the security forces during the year;
however, long delays by prosecutors and other authorities in completing
some investigations undercut the effectiveness of mechanisms to
investigate and punish police abuses. Police have proven effective at
enforcing laws, conducting investigations, and seizing assets of
criminal organizations, taking into account the resources dedicated to
such activities.

Arrest Procedures and Treatment While in Detention.--To detain an
individual, police require a warrant issued by a public prosecutor
unless a criminal act is in progress or there is a specific and
immediate danger to which they must respond. When authorities detain a
person without a warrant, an examining magistrate must decide within 24
hours of the detention whether there is enough evidence to proceed with
an arrest. The investigating judge then has 48 hours to confirm the
arrest and recommend whether to prosecute. In terrorism cases
authorities may hold suspects 48 hours before bringing the case before
a magistrate.
Authorities generally respected the right to a prompt judicial
determination. Although the law entitles detainees to prompt and
regular access to lawyers of their choosing, authorities did not always
respect that right in practice. In its April 4 report, the CPT found
that in some cases police effectively denied detained persons the right
to an attorney, which can be invoked only at the time of arrest, by
engaging them in ``informal chats'' before a formal arrest was made.
The law permits detainees access to family members. The state
provides a lawyer to indigent persons. In exceptional circumstances,
usually in cases of organized crime figures where there is danger that
attorneys may attempt to tamper with evidence, the investigating judge
may take up to five days to interrogate the accused before access to an
attorney is permitted. Some NGOs and international organizations
asserted that the terrorism law is deficient in due process and in some
cases resulted in the deportation or return of alien suspects to
countries where they had reason to fear persecution. The law allows
increased surveillance and enhanced police powers in terrorism cases to
gather evidence, for example, DNA for purposes of identification (see
section 2.d.).
Lengthy pretrial detention and trial delays were significant
problems. During the first half of the year, 43 percent of all
prisoners were either in pretrial detention or awaiting a final
sentence. The maximum term of pretrial detention is two to six years,
depending on the severity of the crime. According to independent
analysts and magistrates, delays were due to the large number of
trials, the lack of nonjudicial remedies, and insufficient and
inadequate distribution of offices and resources, including judges and
staff.
There is no provision for bail; however, judges may grant
provisional liberty to suspects awaiting trial. As a safeguard against
unjustified detention, detainees may request that a panel of judges
(liberty tribunal) review their cases on a regular basis and determine
whether continued detention is warranted.
Authorities may impose preventive detention as a last resort if
there is evidence of a serious felony or if the crime is associated
with the Mafia or terrorism. Except in the most extraordinary
situations, the law prohibits preventive detention for pregnant women,
single parents of children under age three, persons more than 70 years
of age, and those who are seriously ill.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice; however, most court cases involved long trial
delays.
There were some reports of judicial corruption. On July 12, the
Supreme Council of the Magistracy initiated a disciplinary action
against Alfonso Marra, the president of the Milan Court of Appeals.
Several regional politicians, a former judge, and others with possible
links to an organized group pressured members of the council to secure
Marra's appointment to the Milan court. After his appointment there
were allegations that the same group pressured Marra to rule in favor
of recertifying candidates previously barred from running in regional
elections. In March the court had initially denied those candidates'
petitions and other paperwork due to alleged irregularities in
signatures.

Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
Trials are public. Although the law provides that defendants have
access to an attorney in a timely manner, authorities did not always
respect this right in practice. Defendants may confront and question
witnesses against them and may present witnesses and evidence on their
own behalf. Prosecutors must make evidence available to defendants and
their attorneys upon request. Defendants have a presumption of
innocence and the right to appeal verdicts.
On July 27, an appeals court in Milan ruled that a man arrested in
2002 and convicted of rape, but found to be innocent of the crime in
2005 and January 2009, should receive 58,000 euros ($78,000) in
compensation for his 247 days of incarceration, his loss of work, and
the eight years he lived under a false accusation of pedophilia.
Domestic and European institutions continued to criticize the slow
pace of justice. The Court of Cassation estimated that 18,000 new cases
were initiated at the national level during the first six months of
2009, compared with 14,000 in the same period of 2008. Also in 2009
courts rendered 6,800 judgments against the Government for excessively
protracted proceedings.
Courts could determine when the statute of limitations should
apply, and defendants often took advantage of the slow pace of justice
to delay trials through extensive pleas and appeals.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--All citizens have the right
to appeal their cases to the ECHR. The Government complied with the
ECHR's final decisions on such appeals. In 2009 the ECHR found that the
country violated the European Convention on Human Rights in 69 cases,
compared with 83 in 2008.
On April 13, the ECHR found that the Government violated the
European Convention on Human Rights in expelling a Tunisian national,
Mourad Travelsi, suspected of terrorism. The court ordered the
authorities to pay 21,000 euros ($28,000) in damages, court costs, and
compensation. In 2008 the Ministry of Interior deported Travelsi to
Tunisia despite a previous court ruling that suspended his expulsion
from Italy.

Civil Judicial Procedures and Remedies.--The constitution provides
for an independent and impartial judiciary in civil matters. Civil
remedies are determined by law. Arbitration is allowed and regulated by
contracts. Often citizens and companies turned to arbitration because
of trial delays.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice. Searches and
electronic monitoring were generally permissible with judicial warrants
and in carefully defined circumstances. The Court of Cassation's lead
prosecutor may authorize wiretaps of terrorism suspects at the request
of the prime minister.
The media published leaked transcripts of government wiretaps
authorized as part of continuing investigations. Between February and
May, two leading national newspapers, Corriere della Sera and La
Repubblica, published transcripts of telephone calls, including
personal details, between various persons who were under investigation
for their possible involvement with irregularities in the awarding of
contracts by the Government.
The law allows magistrates to destroy illegal wiretaps discovered
by police.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice. An independent press, an effective
judiciary, and a functioning democratic political system combined to
provide for freedom of speech and the press.
The independent media were active and expressed a wide variety of
views. However, disputes over partisanship continued to prompt frequent
political debate. The two main opposition parties and NGOs contended
that media ownership was concentrated in too few hands. Prime Minister
Silvio Berlusconi's family holding company, Fininvest, held a
controlling share in the country's largest private television company,
Mediaset; its largest magazine publisher, Mondadori; and its largest
advertising company, Publitalia. His brother owned one of the country's
nationwide dailies, Il Giornale. Italian media organizations tended to
reflect the point of view of their proprietors, whether a political
party or a business entity.
Freedom House's 2010 report noted ``increased government attempts
to interfere with editorial policy at state-run broadcast outlets.''
During the year, the National Federation of the Italian Press
criticized some instances of what it described as excessive
restrictions on freedom of expression.
On July 14, police in Chiavari searched the newsroom of the daily
Secolo XIX, which had published details and wiretap transcripts
obtained from a police investigation into organized crime. The regional
association of journalists protested the newsroom search.
Public officials continued to bring cases against journalists under
the country's libel laws.
On August 2, the president of the Chamber of Deputies, Gianfranco
Fini, announced that he had filed suit against the newspaper Il
Giornale for publishing defamatory articles alleging that the brother
of his girlfriend improperly acquired an apartment that was originally
donated to the political party founded by Fini.
On June 19, journalist Marco Travaglio was fined 16,000 euros
($21,000) for making defamatory comments about the president of the
senate, Renato Schifani, during a nationally broadcast RAI television
talk show that aired in 2008.
On October 21, Prime Minister Berlusconi filed a libel suit against
television journalist Milena Gabatelli of the national broadcaster RAI.
She dedicated part of her weekly show to investigating Berlusconi's
real estate investments in Antigua. Gabatelli suggested that the prime
minister might have been involved in money laundering.
There was no update during the year on Prime Minister Berlusconi's
libel suit against the daily La Repubblica for the publication of a
list of leading questions including some that concerned matters which
became public when Berlusconi's wife asked for a divorce.
There was no update during the year on Prime Minister Berlusconi's
libel suit against the daily L'Unita for printing two unfavorable
articles on his private life in July and August. Berlusconi sought
three million euros ($4 million) in damages.
In the view of most observers the risk of such suits did not affect
adversely the willingness of the press to report on politically
sensitive subjects.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.

c. Freedom of Religion.--For a description of religious freedom,
see the 2010 International Religious Freedom Report at www.state.gov/g/
drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice.
The Government cooperated with the Office of the UNHCR and other
humanitarian organizations to protect and assist refugees, asylum
seekers, stateless persons, and other persons of concern.
The law prohibits forced exile, and the Government did not use
forced exile in practice.

Protection of Refugees.--The law provides for the granting of
asylum or refugee status, and the Government has established a system
for providing protection to refugees. The country is a party to the
EU's Dublin II Instruction, whose partners generally transfer asylum
applications to the first EU member country in which the applicant
arrived. In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion.
In 2009, 17,600 persons applied for asylum, compared to 30,500 in
2008. According to the UNHCR, the dramatic decrease in asylum requests
was the result of the country's controversial repatriation of persons
aboard boats intercepted in the Strait of Sicily in international
waters before they reached land. In 2009, 2,230 immigrants were granted
asylum status. The Government issued temporary residence permits which
had to be renewed periodically. While not a guarantee, these temporary
permits could lead to future permanent residence. According to the
UNHCR, the top three countries of origin of asylum seekers were
Nigeria, Somalia, and Pakistan. Turkey and Greece often served as part
of the transit corridor for asylum seekers from Pakistan and other
countries of that region.
The Government also provided temporary protection to individuals
who may not qualify as refugees. In 2009, 5,194 persons received
temporary protection, and 2,149 obtained humanitarian protection.
In practice the Government provided protection against the
expulsion or return of persons with refugee status to countries where
their lives or freedom would be threatened on account of their race,
religion, nationality, membership in a particular social group, or
political opinion.
Between August 2009 and July 2010, the Ministry of the Interior
identified 3,500 individuals who came ashore illegally from North
Africa, compared to 29,000 in the previous 12 months. Those who were
apprehended were sent to temporary detention centers for processing,
and a magistrate determined whether to deport them (if their identity
could be ascertained), issue them an order to depart (if their identity
could not be ascertained), or accept them for asylum processing.
According to the Government, 6,600 unaccompanied minors lived in
the country in September 2009, 77 percent of them undocumented. Their
top countries of origin were Morocco, Egypt, Albania, and Afghanistan.
The Interior Ministry equipped special sections of identification
centers to host minors.
During the year the Government continued to implement its 2008
agreement with Libya that included provisions for patrolling the Libyan
coast by Italian and Libyan officers using Italian boats. The
controversial agreement allows all immigrants departing from the Libyan
coast, not only Libyan nationals, to be turned back before they reach
Italy.
Amnesty International's annual report, released in May, criticized
Italy for ``expelling immigrants to countries that don't guarantee the
respect of their rights''; fail to screen foreigners; and fail to
identify refugees, unaccompanied minors, and victims of trafficking.
The report also accused the Italian and Maltese governments of stopping
boats in international waters without providing basic assistance to
migrants on board. According to the Ministry of Interior, during the
year, no boats were sent back to Libya by Italian authorities. Between
January and March, only 52 intending immigrants made it to shore in
Sicily compared to 4,450 during the same period in 2009. From January
to July, an estimated 1,000 migrants coming from Turkey and Greece
reached Puglia.
On April 24, the director of the police department for immigration,
Rodolfo Ronconi, and the head of the financial police, Vincenzo
Carrarini, were indicted in Siracusa for ordering the interception and
return to Libya of a boat carrying 75 persons (including some minors)
in August 2009. The charges alleged that those on the boat were
returned against their will and were not allowed access to procedures
for the protection of refugees.
In the report on its 2009 visit to the country that was released in
April, the CPT described the Government's ``push-back'' policy of
intercepting migrants seeking to reach the country by sea before they
can reach the country's territorial waters. According to the report,
``the policy, in its present form, of intercepting migrants at sea and
obliging them to return to Libya or other non-European countries,
violates the principle of nonrefoulement.'' It noted that, while
authorities screened these migrants for serious medical conditions,
they did not provide them the opportunity for an individual assessment
of their possible asylum claims and did not screen them for relevant
documentation such as documents from the UNHCR, but instead transferred
them wholesale into Libyan custody. The report also claimed that the
country's authorities did not provide assistance in the form of water
and food to those aboard boats intercepted in international waters.
The CPT report stated that the country's authorities acknowledged
officially that they did not formally identify migrants who were
intercepted at sea and ``pushed back'' and that the UNHCR had informed
the CPT that, among the migrants pushed back, there were persons who
were registered with the UNHCR and to whom it had previously issued
temporary documents. According to the CPT, other migrants, including
persons from Somalia and Eritrea, were later interviewed by the UNHCR
and immediately found to be seeking, and possibly qualifying for,
international protection. Between May and July 2009, 97 of the 632 boat
returnees screened by the UNHCR were found to be seeking international
protection.
The CPT noted that the procedures in place did not appear to
provide scope for a determination of whether the migrants included
persons in need of international protection and that it appeared that
Italian authorities had issued clear guidelines that migrants who were
intercepted at sea were to be ``pushed back,'' to the extent possible,
provided they had not reached the country's territorial waters. Between
May and July 2009, there was only one occasion when persons intercepted
by the country's authorities in international waters were assessed as
requiring urgent hospital care and transferred to Italian territory to
receive such care. All other intercepted persons were transported to
either Libya or Algeria, including persons who, according to health-
care professionals aboard the Italian vessels, were scarcely in
sufficiently good health to face the sea journey. The CPT report stated
that ``there would appear to be a real risk, in the Committee's view,
that persons detained in Libya, including migrants, may be subjected to
severe mistreatment and/or be sent to a country where they are at risk
of such treatment.''
On April 28, the Government responded that migrants were
repatriated in conformity with international treaties and in
cooperation with Libyan authorities. Italian authorities asserted that
all migrants intercepted at sea received water and food and were not
improperly detained; those who were in need of medical treatment or
intended to apply for protected status were brought to Italy. Between
July and November 2009, the period covered by the CPT report, six
Nigerians were hospitalized and 523 asylum seekers were brought to
temporary shelters.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens with the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--National and international
experts, including observers from the Organization for Security and
Cooperation in Europe, considered the 2008 parliamentary elections free
and fair. In June 2009 the country held elections to the European
Parliament that were considered free and fair.
Numerous political parties functioned without government
restrictions or outside interference.
There were 59 women in the 322-seat Senate and 133 women in the
630-seat Chamber of Deputies. Women held five of 23 positions in the
Council of Ministers.
The only legally defined minorities were linguistic: the French-
speaking Valdostani and the German-speaking Altoatesini/Suedtiroler.
There were four members of these groups in the Senate and three in the
Chamber of Deputies. In a largely monolithic society, immigrants
represented approximately 6.5 percent of the population, and fewer than
half of them qualified as ethnic/racial minorities. Two members of
immigrant groups (of Moroccan and Congolese origin) were elected to the
Chamber of Deputies.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented these laws effectively. There
continued to be isolated reports of government corruption during the
year.
According to the president of the National Audit Court (Corte dei
Conti), 221 persons were accused of corruption, 219 of embezzlement,
and 1,714 of abuse of power in 2009. The National Audit Court convicted
126 persons of corruption in 2009.
Between January and June 2009, public authorities found sufficient
cause to refer to prosecutors 5,574 persons suspected of such crimes as
corruption (104 cases in 2009), abuse of power (948 cases in 2009),
graft (121 cases in 2009), fraud (435 cases between January and June
2009), and embezzlement (133 cases between January and June 2009).
On February 11, prosecutors opened an investigation to determine
whether Undersecretary for Civil Protection Guido Bertolaso accepted
bribes in exchange for awarding construction contracts for the planned
2009 G8 Summit headquarters in La Maddalena.
On February 19, authorities indicted Governor Ottaviano Del Turco
and 32 other local officials in Abruzzo for corruption, embezzlement,
fraud, and abuse of power in a case allegedly involving 12.8 million
euros ($17.2 million) in the health care sector. The preliminary
hearing began on June 14 and the main trial was scheduled to begin on
April 15, 2011.
On July 12, a court sentenced General Giampaolo Ganzer, head of an
elite Carabinieri unit, to 14 years in jail for drug smuggling and
embezzlement in Milan. At year's end Ganzer remained in his position,
but, at the end of December, authorities were considering transferring
him to a training unit.
Members of parliament are subject to financial disclosure laws. The
Ministry of Public Administration encouraged adherence to voluntary
guidelines for financial disclosure on the part of the leadership of
all ministries. The anticorruption and transparency office in the
Ministry of Public Administration acts as the Government watchdog on
corruption.
The law gives citizens the right to access government documents and
to be informed of administrative processes. With some security-related
exceptions, the Government and local authorities respected this right
in practice for citizens, noncitizens, and the foreign press.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
An interministerial commission on human rights and a parliamentary
committee on human rights focus on international and high-profile
domestic cases.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, ethnic
background, and political opinion. It provides some protection against
discrimination based on disability, language, or social status. The
Government generally enforced these prohibitions; however, some
societal discrimination continued against women, persons with
disabilities, immigrants, and Roma.

Women.--Rape, including spousal rape, is illegal, and the
Government enforced the law effectively. According to Italian National
Institute of Statistics (ISTAT), in 2008, 4,893 cases of rape and 1,484
cases of sexual exploitation were reported to the police.
Violence against women, including spousal abuse, remained a
problem. In September, ISTAT reported that almost 10.5 million women
aged 16 to 65, or 51.8 percent of all women, had been victims of
violence or harassment at least once in their lives. Between 2008 and
2010, 3.9 million women were involved in situations involving violence
or harassment. Of these 3.9 million cases, 27 percent were verbal
assault, 22 percent were stalking, 20 percent were indecent exposure,
and 19 percent were physical violence. Women who lived in big cities
were more at risk; 64.9 percent of such women reported experiencing
violence or stalking at least once over their lifetime. An estimated
8.5 percent of women in the study reported sexual harassment at work.
The law criminalizes the physical abuse of women, including by
family members, allows for the prosecution of perpetrators of violence
against women, and helps abused women avoid publicity. In July, ISTAT
estimated that 100 women had been killed by their partners or former
partners over the previous 12 months. Police officers and judicial
authorities prosecuted perpetrators of violence against women, but
victims frequently declined to press charges due to fear, shame, or
ignorance of the law. According to the Ministry of Justice, of the five
million assault victims, only 7.3 percent reported crimes to police.
On March 13, in Bergamo, a Moroccan man was sentenced to three
years' imprisonment for several episodes of violence, including death
threats, against his Italian wife. He accused her of violating Islamic
moral values.
In 2009 the Ministry of Equal Opportunity established a hotline for
victims of stalking in addition to the hotline for victims of violence
seeking immediate assistance and temporary shelter. In 2009 the
Ministry of Equal Opportunity hotline received 17,600 calls, 10 percent
of them from foreigners. Between January and March police received
1,592 stalking complaints, 79 percent of them from women, and made 293
arrests, compared to 923 arrests between February 23 and December 2009.
The NGO Telefono Rosa assisted 1,744 victims of violence, 287 of whom
were foreigners. The NGO ACMID-Donna established a toll-free number for
abused Muslim women and received 5,500 calls between November 2008 and
August 2009. Approximately 82 percent of those cases involved violence
or other mistreatment by husbands or relatives, including unwillingly
participation in a polygamous marriage. No official statistics have
been gathered on polygamous marriages in Italy, and estimates of women
affected vary wildly from hundreds to tens of thousands.
There were occasional reports of ``honor crimes.''
On August 14, in Pordenone, El Ketaoui Dafani, a 45-year-old
Moroccan man, received a sentence of life imprisonment for the
September 2009 murder of his 18-year-old daughter, Saana Dafani,
because of her relationship with a 31-year-old Italian man.
On April 29, police arrested an Egyptian man on charges of
kidnapping, domestic assault, and sexual assault in Andria. The arrest
followed escalating tensions between the man and his wife as she
refused to cover her face when her husband's male friends visited their
house. The man kidnapped their son and left him in Egypt to be raised
by his paternal grandparents. Police arrested the man after he returned
to Italy. The child was later reunited with his mother.
Female genital mutilation is a crime punishable by up to 10 years'
imprisonment. The Ministry of Equal Opportunity estimated that 35,000
immigrant women were victims of genital mutilation. The vast majority
of the women, 1,100 of whom were age 17 and younger, were victimized in
their countries of origin. Most of the women lived in Lombardy, Veneto,
Emilia Romagna, and Lazio. An interagency committee of the Department
of Equal Opportunity in charge of combating female genital mutilation
implemented a prevention program that included an awareness campaign
for immigrants, an analysis of risks, and training of cultural
mediators. In November 2009 the Ministry of Equal Opportunity
inaugurated a hotline dedicated to victims of such mutilation.
The law permits domestic courts to try citizens and permanent
residents who engage in sex tourism outside of the country, even if the
offense is not a crime in the country in which it occurred. According
to the domestic branch of End Child Prostitution, Child Pornography,
and Trafficking of Children for Sexual Purposes, in recent years sex
tourists from the country chose Thailand, Cambodia, Vietnam, the Czech
Republic, northern Russia, and Brazil as preferred destinations.
The country has a code of conduct for tourist agencies to help
combat sex tourism.
Sexual harassment is illegal, and the Government effectively
enforced the law. By government decree, emotional abuse based on gender
discrimination is a crime.
Couples and individuals had the right to decide the number,
spacing, and timing of their children, and had the information and
means to do so free from discrimination, coercion, and violence. Access
to information on contraception, and skilled attendance at delivery and
in postpartum care were widely available. The maternal mortality rate
was 5 per 100,000 live births in 2008. Women and men had equal access
to diagnostic services and treatment for sexually transmitted
infections, including HIV.
The law gives women the same rights as men, including rights under
family law, under property law, and in the judicial system.
According to an independent research center, the overall gap
between salaries for men and women was 16 percent, although a study
released in July estimated the gap between men and women with the same
jobs and qualifications was 2 percent. Women were underrepresented in
many fields, including management, entrepreneurial business, and other
professions. According to a report released by an independent research
center in October, Italian women account for only 12 percent of all
managers, compared to the European average of 33 percent. Only 3.2
percent of board members of Italian companies listed on the stock
market were women.
On June 10, the Government enacted a decree that would eliminate
discrimination in the minimum retirement age of men and women in the
public sector beginning in 2012. It would end women's entitlement to
retire at 60, five years earlier than men. The European Commission
found the rule illegal in 2008, and the country enacted the new law to
be in compliance.
A number of government offices worked to promote women's rights,
including the Ministry for Equal Opportunity and the Equal Opportunity
Commission in the Prime Minister's Office. The Ministry of Labor and
Welfare has a similar commission that focuses on women's rights and
discrimination in the workplace. Many NGOs, most of them affiliated
with labor unions or political parties, actively and effectively
promoted women's rights.

Children.--Citizenship is derived from one's parents. Local
authorities registered all births immediately.
In the first six months of the year, Telefono Azzurro, an NGO that
advocates for children's rights, received 882 requests for assistance.
An estimated 5 percent of these involved sexual abuse, 12.5 percent
physical violence, and 6 percent psychological abuse. In 53 percent of
the cases, the victims were female; 62 percent of the victims were
younger than 10. In 2006 authorities registered approximately 170
reports of sexual intercourse with minors, 290 reports of production of
child pornography, and 180 reports of possession of child pornography.
According to ISTAT, in 2008, police received 474 cases of sexual
intercourse with minors and 537 cases of pedophilia.
NGOs estimated that 10 percent of persons engaged in prostitution
were minors. In the regions of Sicily, Puglia, and Marche, between
January and August, the NGO Save the Children identified 778 minors who
had entered the country illegally. An estimated 380 of them were
unaccompanied by adults.
On August 6, at the Bologna airport, police arrested a Cameroonian
man for trafficking minors. He was found with a boy and a girl, both
between 5 and 7 years old, traveling on stolen passports. The children
were in protective custody pending their identification.
On May 24, the Ministry of the Interior announced the establishment
of a new hotline run by Telefono Azzuro dedicated to helping find
minors who disappeared and assisting those who ran away. In 2008 there
were 1,330 runaways, of whom 998 were not citizens of the country.
Illegal immigrant child laborers from North Africa, West Africa,
the Philippines, and China continued to enter the country. The flow of
children from Albania continued to drop, possibly due to improved
economic conditions in Albania and increased police cooperation between
the country and Albania.
Few of the country's children engaged in prostitution for survival.
However, the independent research center Parsec reported that thousands
of minors from Eastern Europe engaged in prostitution for survival.
Prostitution under the age of 18 is against the law, but no penalty is
specified.
Romani adults deploy Romani children of all ages for prostitution,
begging, and theft. Such practices are common throughout the country,
and, as a matter of practice, police do not intervene to prevent Romani
children from being used in these activities.
The country, which has a statutory rape law, is not a destination
for sex tourism. The minimum age for consensual sex varies from 13 to
16, based on the relationship between partners. The penalty for child
pornography ranges from six to 12 years in prison, and the penalty for
violation of the law regarding the minimum age for consensual sex
ranges from two to 10 years in prison. A special unit of the police
monitored 26,600 Web sites during the year; the unit investigated 1,155
persons for crimes involving child pornography online and arrested 51
persons. According to the NGO Telefono Arcobaleno, during the year 4.7
percent of persons accessing pornographic materials involving minors
worldwide were from the country. Between January and November, Telefono
Arcobaleno received 2,580 reports of online pedophilia. These reports
could come from Internet users who came across child pornography online
or from persons who reported suspected activity involving exploitation
of minors.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--The country's estimated 30,000 Jews maintained
synagogues in 21 cities.
No violent anti-Semitic attacks were reported during the year.
Instances of anti-Semitic graffiti occurred in a number of cities.
Small extremist fringe groups were responsible for anti-Semitic acts.
On March 17, a 75-year-old rabbi of Moroccan origin was insulted on
a bus in Milan by a group of persons yelling, ``Jews go away! We will
kill you all.'' No one on the bus, including the driver, intervened to
defend the man.
On January 28, anti-Semitic graffiti containing threats against the
president of Rome's Jewish community appeared in the center of the
city. On March 28, commemorative stone markers in Rome for a family
deported to Auschwitz during World War II were vandalized.
On May 21, police searched the homes of four activists of the
fascist group Militia who were organizing a summit with other radical
associations to create a national network. Authorities believe the
group was responsible for anti-Semitic graffiti, hate crimes, and
vandalism committed in Rome and other cities.
The Government strongly criticized the acts of anti-Semitic
vandalism. Prime Minister Berlusconi, Foreign Minister Franco Frattini,
and other politicians across the political spectrum expressed
solidarity with the victims. The Government continued to host annual
meetings to increase public awareness of the Holocaust and to combat
anti-Semitism.
On October 4, Prime Minister Berlusconi, while talking with
supporters in front of his residence, told an anti-Semitic joke that
was subsequently made public.
On December 28, a Rome municipal employee and former member of a
defunct neo-fascist terrorist group was suspended after he used his
office computer for a social networking conversation that included an
anti-Semitic remark.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

National/Racial/Ethnic Minorities.--There continued to be reports
that authorities mistreated Roma. The press and NGOs reported cases of
discrimination, particularly in access to housing, evictions,
deportations, and government efforts to remove Romani children from
their parents for their protection.
On September 1, in Livorno, an estimated 200 persons threatened two
Romanians and threw stones at them before police intervened. According
to the press, the two men had beaten two Italians who had previously
criticized them for leaving an old washing machine on the street.
On June 25, a Brescia court sentenced Stefano Rizzi to 21 years'
imprisonment for the 2008 ``hate crime'' killing of Mohamed Chamrani, a
Moroccan who had been beaten and thrown into Lake Garda. Four minors
also involved in the crime were placed under the supervision of the
social services department.
There were no accurate statistics on the number of Roma in the
country. NGOs estimated that 140,000, including 75,000 citizens, were
concentrated on the fringes of urban areas in the central and southern
parts of the country. Local officials and NGOs acknowledged that Romani
camps were characterized by poor housing, unhygienic sanitary
conditions, limited employment prospects, inadequate educational
facilities, inconsistent police presence, and school-age children who
are not attending school.
During the year the Interior Ministry continued a campaign to curb
illegal immigration based on a 2008 emergency decree on security and
immigration. Authorities arrested or ordered the expulsion of several
hundred foreigners (mainly Roma) and took the names of others who lived
in encampments near major cities. Between January and September, more
than 9,000 foreigners were repatriated to their non-EU countries of
origin, compared to 18,000 in 2009. An estimated 290 persons illegally
in the country participated in a voluntary repatriation program.
On August 27, a child died and another one was seriously injured in
an accidental fire that occurred in an illegal Romani encampment in the
outskirts of Rome. The incident spurred Rome Mayor Alemanno to vow that
the city would continue its efforts to tear down all unauthorized
Romani settlements, including more than 200 illegal shanty towns that
he stated remained around Rome. He added that persons who have arrived
in Rome must be able to support and house themselves adequately;
otherwise, they would have to leave.
The city of Rome continued efforts on its Nomad Plan through which
the estimated 7,200 Romani inhabitants of the greater Rome area would
be transferred out of unauthorized camps into authorized settlements
built by the Government. In February the city closed the Casilino 900
camp, formerly one of the largest Romani camps in Europe, and moved
inhabitants to one of 10 authorized camps in operation during the year.
Government officials at the national and local levels, including
those from the Ministry of the Interior and the Ministry of Equal
Opportunity, met periodically with Roma and their representatives. In
July the city of Rome appointed a Romani person to be an unofficial
spokesperson for his community.
The Government's Office to Combat Racial and Ethnic Discrimination
in the Ministry of Equal Opportunity assisted victims of
discrimination. In 2007 the office received approximately 8,000 calls
on its national hotline. The majority of complaints related to labor
conditions, wages, and discrimination in the provision of public
services. The office provided legal assistance and helped mediate
disputes.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There are no laws
criminalizing homosexuality. The press reported several cases of
violence against gay and lesbian couples during the year. On May 24,
several persons assaulted a gay man in Rome in a neighborhood where
members of the gay community often met in bars and restaurants.
On January 24, a court sentenced Alessandro Sardelli to seven years
in prison for assaulting a gay couple during a gay festival in Rome in
August 2009.
The Rome police department has created a special unit to
investigate reports of crimes based on sexual orientation.
The Arcigay reported two killings and 29 nonlethal attacks against
lesbian, gay, bisexual, or transgender (LGBT) persons between January
and August, compared with eight killings and 52 other attacks in 2009.
Several of the crimes were described as domestic disputes. Some acts of
vandalism were committed against bars and discos catering mainly to
LGBT clientele.
On November 4, the LGBT-rights group Arcigay criticized Prime
Minister Berlusconi's comment that ``It's better to look at nice girls
than to be gay,'' which was his response to allegations of improper
involvement with a female minor. In the midst of the controversy over
the remark, Minister for Equal Opportunity Carfagna noted that the
Government had promoted a number of initiatives to fight discrimination
against gays and lesbians.

Other Societal Violence or Discrimination.--There were no reports
of violence or discrimination against persons with HIV/AIDs. No
underlying pattern of discrimination/abuse was detectable based on
verifiable incidents.
Section 7. Worker Rights

a. The Right of Association.--The law provides for the right to
establish, join, and carry out union activities in the workplace
without previous authorization or excessive requirements, and workers
exercised these rights in practice. The law prohibits union
organization in the armed forces. Unions claimed to represent between
35 and 40 percent of the workforce.
The law provides for the right to strike, and workers exercised
this right by conducting legal strikes. The law restricts strikes
affecting essential public services (such as transport, sanitation, and
health) by requiring longer advance notification and precluding
multiple strikes within days of each other.
In February 2009 the Government approved a bill to restrict
transport strikes. Only those unions representing at least half the
workforce can call transport strikes.

b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference, and the
Government protected this right in practice. The law provides for the
right of workers to organize and bargain collectively, and workers
exercised this right. According to ISTAT about 8.1 million employees
(47 percent of all employees) worked under national collective
bargaining agreements. Trade unions estimated that 3.2 million
employees were covered by a national collective bargaining agreement.
These employees were also covered by a second contract negotiated at
the company or territory-wide level.
Antiunion discrimination is illegal, and the Government effectively
enforced labor laws. Employees fired for union activity have the right
to request reinstatement. There were no reported cases of
discrimination.
There are no export processing zones.
The law relating to free-trade zones allows a company of any
nationality to employ workers of the same nationality under that
country's labor laws and social security systems.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and the Government
enforced such laws; however, there were reports such practices
occurred.
Women were trafficked for sexual exploitation, Romani children for
sexual exploitation and begging, and workers for agricultural labor or
to work in sweatshops manufacturing counterfeit products. For
information on forced labor, please see the Department of State's
annual Trafficking in Persons Report at http://www.state.gov/g/tip.
Parsec estimated that approximately 700 victims of labor
trafficking worked outside the sex industry, mainly in domestic,
agricultural, or service labor. Forced labor occurred primarily in the
agricultural sector and mostly in the south where, according to Doctors
without Borders, a large majority of the foreign seasonal workers were
unregistered and did not hold residence permits.
Chinese men and women were trafficked to the country for forced
labor. On May 31, police arrested the Chinese owner of a textile
factory and charged him with exploiting 15 Chinese illegal laborers.
Police found the laborers working and living in poor conditions at the
textile factory near Perugia.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
Government sought to enforce laws and policies designed to protect
children from exploitation in the workplace; however, there were a
number of reports of child labor.
The law prohibits employment of children under age 15 with some
limited exceptions, and there are specific restrictions on employment
in hazardous or unhealthy occupations for boys under the age of 18 and
girls under the age of 21. Enforcement was generally effective in the
formal economy; however, enforcement was difficult in the extensive
informal economy.
Illegal immigrant child laborers, mostly between 15 and 18 years of
age, continued to enter the country from North Africa, the Philippines,
and China. They worked primarily in the manufacturing and services
industries.
Children were trafficked for sexual exploitation and begging.
Please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.
On September 30, according to the Ministry of Welfare, 6,587
unaccompanied minors were registered, 74 percent of whom were hosted in
protected communities.
The Government, employers' associations, and unions continued their
tripartite cooperation to combat child labor. The Ministry of Labor and
Welfare, working with police and Carabinieri, is responsible for
enforcement of child labor laws, but their efforts produced limited
results.

e. Acceptable Conditions of Work.--Minimum wages, set on a sector-
by-sector basis, provided a decent standard of living for a worker and
family. However, workers in the informal sector often worked for less
than the minimum wage in the corresponding formal sector. The estimated
2.6 million workers in the informal sector accounted for 11.3 percent
of the total workforce in 2009 according to ISTAT.
The legal workweek is 40 hours. Overtime work may not exceed two
hours per day or an average of 12 hours per week. Unless modified by a
collective bargaining agreement, the law sets maximum overtime in
industrial sector firms at 80 hours per quarter and 250 annually. The
law requires rest periods of one day per week and 11 hours per day.
Premium pay is required for overtime. These standards were effectively
enforced.
The law sets basic health and safety standards and guidelines for
compensation for on-the-job injuries. There were labor inspectors in
both the public health service and the Ministry of Labor and Welfare,
but their numbers were insufficient to provide for adequate enforcement
of health and safety standards. The standards were not enforced in the
informal economy. According to the Workmen's Compensation Institute, in
2009 there were 1,050 work-related deaths. Workers have the right to
remove themselves from dangerous work situations without jeopardizing
their continued employment, and the Government effectively enforced
this right.

__________

KOSOVO

Kosovo is a parliamentary democracy with a population of
approximately 2.2 million. Multiparty elections on December 12 for the
Assembly and the national legislature generally met international
standards, but serious irregularities in some areas resulted in a
limited revote in some municipalities. The country declared its
independence in 2008 when it accepted the Ahtisaari plan, which
provided for internationally sponsored mechanisms, including an
International Civilian Office and the EU Rule of Law Mission (EULEX),
to support the new government. Security forces reported to civilian
authorities while being monitored by the UN-authorized North Atlantic
Treaty Organization (NATO) Peacekeeping Force for Kosovo (KFOR).
During the year reported problems and abuses included the
following: government interference in security forces and the
judiciary; lengthy pretrial detention and lack of judicial due process;
intimidation of media by public officials and individuals; incidents of
violence against members of religious communities and damage to
religious properties; limited progress in returning internally
displaced persons (IDPs) to their homes; government corruption,
including in the police force and the judiciary; violence and
discrimination against women; trafficking in persons, particularly
girls and women for sexual exploitation; societal violence, abuse, and
discrimination against minority communities; societal discrimination
against persons with disabilities; abuse and discrimination against
persons based on their sexual orientation; and child labor in the
informal sector.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings during the year. There were developments in 1999-2003
cases of suspected politically motivated killings.
Following the November 2009 release of a video confession of a
self-proclaimed political assassin, Nazim Bllaca, EULEX made four
arrests during the year on suspicion of more than 20 politically
motivated killings during the period 1999-2003. Bllaca and the three
others arrested in the case are suspected of murder and attempted
murder of political figures under orders from the Kosovo Information
Service (SHIK), which served the Kosovo Liberation Army (KLA) until the
end of the Kosovo conflict. SHIK reported its official disbandment in
2008. The investigation in the case continued at year's end. On July
13, EULEX police arrested Fahredin Gashi in connection to the
investigation. Gashi was charged with war crime offenses committed in
1999 in the Lipjan/Lipljan municipality. On November 30, Nazim Bllaca
was released from pretrial detention after spending one year in
custody. The release was statutorily mandated, as pretrial detention
cannot extend beyond one year.
EULEX's mandate included investigation, trial, and prosecution of
war crimes from the 1998-99 conflict (see section 1.e., trial
procedures).
On July 5, an unknown assailant shot and injured Petar Miletic, a
member of the Assembly and the permanent secretary of the Kosovo Serb
Independent Liberal Party, in front of his apartment as he departed for
work. Interior Minister Bajram Rexhepi told the media that Miletic was
hit by two bullets. Miletic was treated in the hospital and released
after one week. Police said they had a description of the shooter, and
an investigation was ongoing at year's end.
On December 12, the Parliamentary Assembly of the Council of Europe
(COE) released a report by COE rapporteur Dick Marty on allegations
concerning inhuman treatment of persons and illicit trafficking in
human organs in the country. The report stated that, from July 1999 to
mid-2000, elements of the KLA and affiliates held scores of
``disappeared'' persons in Albania at informally arranged locations at
Bicaq, Burrel, Rripe, and Fushe-Kruje. The report further alleged that
a small number of these persons became ``victims of organized crime,''
their kidneys extracted for use by an international organ-trafficking
ring. The report stated that all of those held, Albanians and Serbs,
were presumed to have been killed. According to the report, first-hand
sources implicated five members of the so-called ``Drenica Group''
within the KLA--Hashim Thaci, Xhavit Haliti, Kadri Veseli, Azem Syla,
and Fatmir Limaj--in having ordered, and in some cases personally
overseen, assassinations, detentions, beatings, and interrogations in
the context of KLA-led operations on the territory of Albania between
1998 and 2000. The report also stated that the head of the alleged
Drenica Group, current Prime Minister Hashim Thaci, reportedly operated
with the ``support and complicity'' not only of Albania's formal
governance structure, including the Albanian socialist government in
power at the time, but also from Albania's Secret Service and the
Albanian mafia.
The Interim Administration Mission in Kosovo (UNMIK) and the
International Criminal Tribunal for the former Yugoslavia (ICTY), whose
mandates did not extend into Albania, previously investigated the
allegations of organ harvesting contained in the Marty report and
concluded that there was insufficient evidence to pursue a criminal
case. The EULEX War Crimes Unit maintains an open investigation into
the organ trafficking allegations. The EULEX War Crimes Unit stated
that it possessed no evidence related to the Marty report allegations
and called on the COE and other parties to share whatever evidence they
may have obtained. The report also calls on Serbia, Kosovo, and Albania
to cooperate closely with EULEX in support of the investigation. Kosovo
authorities denounced the content of the report but pledged their
cooperation with any investigation.
On June 11, the district court in Pristina sentenced Arben Berisha
to the maximum prison sentence of 40 years in the 2007 killing of
police officer Triumf Riza. The court also sentenced Fitim Avdiu to 10
years as an accomplice, and fined Agron Emini 2,000 euros ($2,680) for
assisting the perpetrator of a criminal offense. Three other persons
accused in the case--Enver Sekiraca, Ilir Abdullahu, and Rrahim
Abdullahu--remained at large.

b. Disappearance.--There were no reports of politically motivated
disappearances; however, according to the International Committee of
the Red Cross (ICRC), as of the end of August, there were 1,822 persons
still listed as missing as a result of the 1998-99 conflict. Of the
missing, 70 percent were Kosovo Albanians, and 30 percent were Kosovo
Serbs and other minorities.
During the year the Ministry of Justice and the former Office on
Missing Persons and Forensics, which became the Department of Forensic
Medicine (DFM) this year pursuant to the law, continued to identify the
remains of missing persons. From January to December the DFM and the
International Commission for Missing Persons (ICMP) positively
identified 56 missing persons, and transferred remains to families.
Additionally the DFM and ICMP confirmed the identity of 47 persons
previously identified and buried, but for whom there were concerns
about the initial identification. In August the DFM began excavation of
a large, complex site in Vushtrri/Vucitrn municipality with assistance
from the Kosovo Security Force (KSF). As of mid-December, 364
unidentified sets of remains were in DFM custody (337 from Kosovo sites
and 27 from Serbian sites).
During the year officials from Kosovo and Serbia met four times in
a working group on missing persons chaired by the ICRC and under the
auspices of the UN Special Representative of the Secretary-General. Two
meetings of its sub-working group on forensic issues were held during
the year.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices, and
there were no reports during the year that the Government, EULEX, or
KFOR (which has limited arrest and detention authority) employed them.
The December 12 COE report on inhuman treatment of persons and
illicit trafficking in human organs (see section 1.a.) alleged that,
from 1998 to June 1999, the KLA, with the cooperation of the Albanian
Secret Service, detained ``prisoners of war'' from Kosovo at locations
in Durres, Cahan, and Kukes, where they were held in makeshift
cellblocks, left in unsanitary conditions without food and water, and
were visited periodically by KLA soldiers to be questioned under harsh
treatment or indiscriminately beaten.
Some supporters of Vetevendosje (``Self-Determination'' Movement)
leader Albin Kurti reported they were injured during his June 12 arrest
in Pristina. Kurti, who escaped from a house arrest sentence stemming
from a violent 2007 protest and avoided several earlier attempts to
return him to custody, was arrested after a protest at his group's
headquarters. More than 100 supporters tried to impede the arrest, and
the Kosovo Police (KP) used two canisters of tear gas to control the
crowd. Several supporters sought medical treatment following the
interaction with police, alleging they were beaten with batons and
sustained burns from the tear gas. Vetevendosje activists overturned
two EULEX vehicles that were present at the scene and slashed tires of
several KP vehicles.
In 2009 the COE's Committee for the Prevention of Torture (CPT)
released a report on the country based on its 2007 visit. The report
stated that the CPT received a number of reports of mistreatment of
detainees by KP officers, consisting mainly of punches, slaps, and
kicks by officers attempting to obtain confessions. The report noted
that, in a few cases, the alleged mistreatment (such as a mock
execution and prolonged and severe beatings) could easily be described
as torture and noted that a number of detained persons alleged that
police officers had exerted psychological pressure on them not to file
a complaint regarding the mistreatment.

Prison and Detention Center Conditions.--Prisons and detention
center conditions generally met international standards, and the
Government permitted monitoring visits by independent human rights
observers.
During the year there were some allegations of abuse and
mistreatment of prisoners. In October the Kosovo Rehabilitation Center
for Torture Victims (KRCT), a local NGO that visited and monitored
prisons and detention centers, published a report on its 2009-10 visits
to all prisons and detention facilities in the country. The KRCT
reported no allegations of excessive use of force; it received few
allegations of ill-treatment by police, mainly during arrest or
questioning and no cases of ill-treatment in police holding cells.
The KRCT reported an allegation of excessive use of force by a
guard in the Peje/Pec Detention Center but noted that the inmate did
not report any further abuses against him when interviewed again in
April. Additionally the KRCT reported a case of physical abuse of a
juvenile in the Lipjan/Lipljan Correctional Center in February 2009.
The KRCT noted that some cells, mainly in the Dubrava Prison,
lacked proper ventilation and access to natural light. The quality and
quantity of hygiene products provided to inmates was low. The KRCT also
raised concerns of overcrowding in the Dubrava Prison. The KRCT
commended new initiatives to screen inmates for HIV and hepatitis and
cited the establishment of the Forensic Psychiatry Institute,
established with funding and assistance of the EU, for the treatment of
mentally ill inmates. However, the KRCT raised concerns that medical
supplies to detention and correctional centers were sometimes
interrupted and indicated that a decrease in investments in medical
supplies, services, and specialized health treatment have affected the
quality of health care in the correctional system.
The Kosovo Correctional Service (KCS) managed daily operations at
all correctional and detention centers. EULEX retained a limited
monitoring, mentoring, and advising role in the prisons. Additionally
EULEX transported prisoners upon request. As of the end of December,
there were approximately 1,320 convicted prisoners and 130 pretrial
detainees mixed in prison and detention centers. There were 35 females
(20 convicted prisoners and 15 pretrial detainees) and 45 juveniles (12
detainees and 33 in juvenile imprisonment). During the year the monthly
prison population at the main correctional center, Dubrava Prison,
varied from 650 to 1,000 inmates, below its total capacity of 1,200.
Three correctional facilities, six detention centers, one center for
the protection of witnesses, and one prison hospital operated during
the year.
The KRCT reported that there continued to be facilities in which
pretrial detainees mixed with convicted prisoners, including the
detention centers in Peja/Pec, Gjilan/Gnjilane, and North Mitrovica.
The Kosovo Correctional Service reported that there were no facilities
that co-located pretrial detainees and convicted prisoners. The KRCT
also reported that it had observed multiple cases of pretrial detainees
being held for more than 12 months. The correctional service confirmed
that a number of pretrial detainees were held for periods of longer
than one year, which is a violation of the law.
The KRCT reported that there are ``no major problems regarding
inmates contact with the outside world, access to information, or right
to practice religion,'' that inmates are provided adequate information
about their rights and their nutrition, and that ``minority rights in
the detention centers are still well respected.'' The KRCT raised a
concern about the lack of teachers in the Lipjan/Lipljan Correctional
Center for juveniles and noted that some subjects taught in the public
school system are not available in the correctional center. Corruption
and nepotism, especially in Dubrava Prison, remained a concern. As a
consequence, privileges, disciplinary measures, and review of
complaints were not always applied in a fair and transparent way.
Authorities permitted visits and monitoring of the country's
prisons and detention centers. The ombudsman and KRCT inspected
correctional and detention centers during the year. The ombudsman
reported good cooperation from the correctional service, including the
ability to conduct private interviews with inmates during visits.
Detainees could submit complaints and requests for investigations to
judicial authorities, without censorship, through anonymous boxes in
prison. The director of the KCS received 65 official requests regarding
prison conditions from prisoners as of the end of the year, but none of
these requests were classified as complaints by the KCS. On June 8 to
15, the CPT visited a number of detention and correctional facilities;
the CPT had not released its report on the visit as of year's end. The
ICRC did not conduct any prison or detention facility inspections
during the year.
The KRCT's report called material conditions ``generally good'' and
noted a number of improvements since 2008 on the basis of observer
recommendations. ``Police holding cells keep being renovated and the
situation continues to improve on the infrastructure level. The
conditions in police custody are globally fine and the law generally
respected.'' During the year the Government spent 3.39 million euros
($4.5 million) to improve living conditions in prisons and detention
centers and to open a new detention facility, with capacity for 200
persons, in Smrkovnica.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government, EULEX, and
KFOR generally observed these prohibitions.

Role of the Police and Security Apparatus.--Local security forces
include the KP and KSF. Police function under the authority of the
Ministry of Internal Affairs. In 2008 the EU rule of law mission in
Kosovo, EULEX, became operational and established its mandate to
monitor, mentor, and advise local judicial and law enforcement
institutions. EULEX possesses limited executive authority in areas
including organized crime, corruption, war crimes, witness protection,
money laundering, terrorist financing, and international police
cooperation. In July 2009 police assumed primary responsibility for
terrorism investigations that did not have international impact. The
KSF is a lightly armed security and civil defense force that functions
under the civilian authority of the Ministry of Kosovo Security Force
and is mentored by KFOR.
In April the prime minister appointed a new acting director general
of the KP. The minister of internal affairs and the new general
director then signed an order creating a unified chain of command
within the police. The acting director general, with approval of the
minister of internal affairs, then formalized an organizational
structure for police.
As of December, members of ethnic minorities comprised an estimated
15 percent of 7,291 police officers; 9.5 percent of officers were
Kosovo Serbs. An estimated 13 percent of officers were women.
The Government and EULEX shared executive authority over police,
although EULEX authority is limited to the Serb-majority areas north of
the Ibar River. The KP were responsible for day-to-day police
operations in all areas of the country, but EULEX exercised additional
executive authority and oversight in Serb majority northern
municipalities of Zubin Potok, Zvecan, Leposaviq/Leposavic, and the
northern part of Mitrovice/Mitrovica.
Specialized police units investigating war crimes, financial
crimes, and organized crime, and the EULEX police witness protection
program, remained staffed by international EULEX police officers and
operated independently of police. EULEX and the KP independently
operated units on criminal intelligence and organized crime. EULEX's
international police officers, prosecutors, and judges deployed in the
country have broad discretion to intervene in any particular criminal
matter. However, as a practical matter, most policing duties and
responsibilities were in the hands of the local police.
The Police Inspectorate of Kosovo (PIK) operated as an independent
body under the Ministry of Internal Affairs and has a mandate to
conduct investigations and inspections involving police personnel. The
PIK law was amended on October 14 and will enter into force on June 1,
2011, transferring the authority to conduct criminal investigations of
police personnel from within the KP to the independent PIK.
During the year the PIK reviewed 1,185 complaints, of which 577
were citizen-initiated complaints, 13 were complaints from
institutions, and 595 were initiated by police. Of those complaints,
the PIK pursued further investigation into 408 and turned 541 cases
over to the KP Professional Standards Unit (PSU). Court decisions for
criminal cases were pending in 106 cases, and 100 cases were pending
before the Senior Police Appointment and Discipline Committee. Of the
408 cases investigated by the PIK, 20 percent were allegations of
serious discipline violations. Of the discipline violations, 20 percent
were for serious cases of conduct unbecoming a police officer, 13
percent involved allegations of inappropriate use of force, 12 percent
involved criminal offenses (and were referred to the Prosecutor's
Office), 9 percent were for serious insubordination, 2 percent
concerned complaints of corruption, and the remainder were various
violations categorized as serious.
The PSU investigated minor police violations and imposed
administrative penalties for infractions. During the year the unit
opened 639 cases, including instances of minor insubordination and
damage or loss of police property. As of the end of the year, 73 cases
remained under investigation.

Arrest Procedures and Treatment While in Detention.--Police
generally made arrests openly using a warrant issued by a judge or
prosecutor and based on sufficient evidence. In some cases, masked or
undercover officers conducted arrests. By law arrests must be based on
prosecutors' orders, and arrestees must be brought before a judge
within 72 hours. The majority of the year's arrests were carried out by
police. There were no reports that police abused the 72-hour rule, and
authorities generally charged arrestees within six to eight hours or
released them. Arrestees have the right to be informed of the reason
for their arrest in a language they understand; to remain silent and
not answer any questions except those concerning their identity; to
obtain free assistance of an interpreter; to obtain defense counsel and
to have defense counsel provided if they cannot afford one; to receive
medical and psychiatric treatment; and to notify a family member.
Police and EULEX police generally respected most of these rights in
practice.
In its 2009 report, the CPT noted that a number of detained persons
claimed that they were not able to contact a lawyer at the outset of
their detention, but only at the time of the initial period of
questioning with a criminal police officer. In some cases, the right of
access to a lawyer only became effective after the initial period of
questioning.
Under extraordinary circumstances, KFOR can arrest and detain
individuals without a warrant. The KFOR commander can detain
individuals for 72 hours, renewable for a second 72-hour period. After
144 hours, KFOR must release the detainee. There were no reports that
KFOR arrested persons without a warrant during the year.
The KP and EULEX police may hold individuals for up to 72 hours
without a court order. Following an initial ruling, a court may hold
individuals in pretrial detention for 30 days from the day of arrest
and can extend detention up to a total of one year if no indictment has
been filed. After an indictment has been filed and until the conclusion
of trial proceedings, detention on remand may be ordered or terminated
only by the ruling of the trial panel. There is a functioning bail
system. The law allows for house arrest, confiscation of travel
documents, and expanded use of bail as alternatives to pretrial
detention. Defendants can also appeal their detention on remand.
Lengthy detentions, both before and during judicial proceedings,
remained a problem. The law provides that a judge may impose pretrial
detention when there is well-grounded suspicion that a person has
committed a criminal offense and that person is likely to destroy,
hide, or forge evidence; influence witnesses; flee; repeat the criminal
offense or engage in another criminal offense; or when other measures
provided by the law are insufficient to secure the defendant's presence
during criminal proceedings. In practice, however, judges routinely
used detention on remand without showing any evidentiary justification.
In particular, in the Mitrovica District Court, which sits in Vushtrri/
Vucitrn, detention on remand for defendants has been continuously
extended throughout the period that the court has operated with limited
capacity.
Trial delays were caused by factors including judicial inefficiency
and corruption.

Amnesty.--On February 17, the president granted amnesty or commuted
the sentences of 62 individuals (approximately 5 percent of the total
population of prisoners and pretrial detainees) in honor of the
country's second anniversary of independence.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary; however, the local judiciary was at times
biased, subject to outside influence, and did not always provide due
process. There were credible reports of corruption in the local
judiciary, and the court system was inefficient. There was no effective
mechanism for disciplinary proceedings against judges.
The court system included a constitutional court, a supreme court,
five district courts, a commercial court, 25 municipal courts, 25 minor
offense courts, and an appellate court for minor offenses. On July 22,
the Assembly approved the law on courts, regulating the organization,
functioning, and jurisdiction of the courts in the country. Through
EULEX, 31 international judges and 15 international prosecutors
supported local judges and prosecutors. There is one state public
prosecutor's office, five district prosecutors' offices, and seven
municipal prosecutors' offices. EULEX exercised its executive authority
over a special prosecutor's office which included eight international
prosecutors focused on serious crimes including human trafficking,
money laundering, war crimes, and terrorism.
In criminal cases in which EULEX international judges exercised
their jurisdiction, these judges sat on mixed panels with local judges.
EULEX judges were the majority on these panels, with one EULEX judge
serving as the presiding judge. The president of the Assembly of EULEX
Judges has the authority to create a panel solely or majority of which
are local judges, or to not assign particular stages of proceedings to
EULEX judges. For civil cases in which EULEX international judges
exercised their jurisdiction, judicial panels were composed of three
judges, two of which were EULEX judges.
Under the Kosovo Judicial Council (KJC), the Office of the
Disciplinary Commission (ODC) was responsible for investigating the
activities of judges, prosecutors, and lay judges, and for prosecuting
cases of misconduct before the KJC. During the year 89 new cases were
referred to the ODC. The ODC convened hearings and ruled on 23 of the
219 cases before it. The ODC's total caseload included 130 cases
carried over from previous years. The Judicial Audit Unit analyzed and
evaluated the functioning of the courts and public prosecutors' offices
and submitted reports and recommendations to the KJC.
The Mitrovice/Mitrovica District Court continued to function
partially during the year. Since 2008 only EULEX judges were based at
the court's premises in northern Mitrovica, while other operations of
the Mitrovica district and municipal courts and the Mitrovica district
and municipal prosecutors' offices continued to operate from the
Vushtrri/Vucitrn Municipal Court.
District and municipal courts in Mitrovice/Mitrovica and municipal
courts in Leposaviq/Leposavic and Zubin Potok remained closed following
2008 protests against the country's independence. Efforts to reopen the
Mitrovice/Mitrovice District Court stalled in July when Kosovo Serb
judges who were scheduled to take up positions on the court withdrew
following intimidation from Serb parallel authorities and persons
claiming to represent Serbian institutions. The two Kosovo Serb judges
indicated they would they would not take their positions until
``appropriate conditions,'' including security measures, were in place.
The Serbian government continued to operate an unsanctioned
parallel judicial system in Kosovo Serb enclaves and in majority Serb
municipalities.

Trial Procedures.--Trials are public, and defendants enjoy the
presumption of innocence, the right to be present at their trials, to
confront witnesses, to see evidence, and to have legal representation.
Representation may be provided at public expense if necessary; however,
this procedure was used rarely in practice. Defendants have the right
of appeal. Trials are heard by panels consisting of professional and
lay judges; there are no jury trials.
The Legal Aid Commission, an independent government agency,
provided free legal assistance to low-income individuals through five
district legal aid bureaus. From January to June, the commission
provided legal assistance to 1,479 persons.
The Ministry of Justice operated a judicial integration section
that continued to address judicial system problems affecting
minorities. To that end, the ministry operated 11 court liaison offices
to assist minority communities in Kosovo Serb majority areas by
accompanying them to courts, filing documents with courts on their
behalf, and providing information and legal assistance to refugees and
IDPs.
War crimes cases are overseen by EULEX, which in 2008 assumed
responsibilities formerly held by UNMIK to ensure that war crimes cases
are properly investigated and prosecuted. Under EULEX's mandate, cases
can be investigated and adjudicated either independently by
internationals or, where appropriate, jointly with Kosovo counterparts.
By the end of 2009, EULEX prosecution had tried four war crimes cases.
A May report by the Kosovo Mission of the Organization for Security and
Cooperation in Europe (OSCE) found a systematic failure to adjudicate
war crimes cases as well as a lack of resources for this effort.
On December 14, EULEX police, supported by the KP, arrested two
Kosovo Albanians in the Prizren region in an ongoing investigation into
war crimes. The charges are related to application of measures of
intimidation, terror, dislocation, and displacement of the civilian
population committed in 1998 in Rahovec/Orahovac and nearby villages.
The investigation was under the supervision of a EULEX prosecutor from
the Kosovo Special Prosecution office.
On November 9, a mixed panel of two EULEX judges and one Kosovo
judge found Vukmir Cvetkovic guilty of committing war crimes and
sentenced him to seven years in prison. Cvetkovic was found guilty of
expelling one family from the town of Hline/Klina and burning the homes
of two families in 1999, as a member of the Serbian Police.
On May 6, EULEX police arrested former KLA members Sabit Geci and
Riza Aliaj on suspicion of having committed war crimes in 1999. The
Kosovo Special Prosecutor filed indictments in the case on August 6. On
November 25, the pretrial judge of the District Court in Mitrovica
confirmed the indictments against Sabit Geci and Riza Aliaj. The
defendants remain in detention on remand, and a trial has not yet been
scheduled. A third defendant is at large.
There were no new developments stemming from the September 2009
arrest by EULEX police of Slobodan Martinovic, Srecko Martinovic, and
Svetlana Stojanovic for war crimes committed in 1999. The three
allegedly kidnapped and tortured eight persons at an informal detention
center in the Novoberde/Novo Brdo and Gjilan/Gnjilane area. EULEX
charged them with inhuman treatment, immense suffering or violation of
bodily integrity or health, application of measures of intimidation and
terror, and illegal arrest and detention. At year's end no hearing or
trial date had been set.
In October 2009 the Pristina District Court found Rrustem ``Remi''
Mustafa, Latif Gashi, and Nazif Mehmeti guilty of war crimes for the
torture of civilian detainees at three KLA detention facilities. The
court, composed of one local and two EULEX judges, sentenced Mustafa to
four years in prison, Gashi to six years, and Mehmeti to three years.
At year's end, Mustafa remained free pending a final judgment on his
appeal. During the conflict, Mustafa had been the chief of the KLA
operational zone of Llap, and he later became a PDK member of the
Assembly and chairman of the Assembly's Security Committee. All three
were arrested in 2002 on charges of war crimes for illegal detention,
torture, and killing of suspected collaborators of the Milosevic regime
in the 1990s. Of the 26 victims listed in the indictment, one was
Serbian; five were killed.
There were no developments in the war crimes case against Momcilo
Jovanovic. In February 2009 an international EULEX prosecutor at the
Peje/Pec District Court issued an arrest warrant for Jovanovic after he
failed to respond to official summons to appear in court. In 2008 an
international prosecutor indicted Jovanovic for war crimes, murder, and
other violations of the laws of war for incidents that took place in
1998-99 in the village of Katundi i Ri/Vitomirca.

Political Prisoners and Detainees.--There were no reports that the
Government or KFOR held political prisoners or detainees.

Civil Judicial Procedures and Remedies.--The constitution provides
for an independent judiciary in civil matters. The local judiciary was
at times biased and subject to outside influence and did not always
provide due process. The media and public perceived the judiciary to be
corrupt, secretive, and inefficient. Complaints submitted to the Office
of Disciplinary Counsel dropped between September 2009 and August 2010.
In November 2009 the European Commission reported that the
country's judicial system remained weak at all levels. The commission
cited the low public confidence in the justice system as well as the
continuing existence of three parallel sources of legislation (former
Yugoslav law, UNMIK regulations, and Kosovo law) as particular
problems. The commission also noted that the backlog of court cases
remained a serious problem. The Kosovo Judicial Council established a
working group to develop a national backlog reduction strategy.
According to monitoring reports released by the OSCE in 2009 and
during the year, civil judicial procedures were plagued by delays, and
judgments often lacked necessary reasoning. Judges often failed to
manage their cases effectively and to discipline parties abusing
procedural avenues to delay proceedings.
Individuals may appeal to courts in order to seek damages for, or
cessation of, human rights violations. In practice there were many such
lawsuits pending. Individuals turned to the Constitutional Court for
review of their rights to due process. More than 60 percent of cases
filed with the Constitutional Court during the year alleged violations
of constitutional rights by courts, prosecutors, or police.
There were problems enforcing civil court orders. For example,
shortly after a May 2009 settlement agreement regarding a land dispute,
the Decan/Decani municipality publically stated that it would not amend
the municipal property records regardless of the eventual decision of
the Supreme Court.

Property Restitution.--Systemic challenges to the restitution of
property persist. A March 2009 OSCE report assessed that the legal
system's review of property rights cases was hindered by a confusing
mix of laws, regulations, administrative instructions, court practices,
and directives in the field of property as well as the country's
complex post-conflict environment.
The Kosovo Property Agency (KPA) is responsible for the resolution
of residential, commercial, and agricultural property claims arising
from the Kosovo conflict. As of the end of the year, the agency
administered 3,131 abandoned properties. Of those, 2,576 were
administered upon the request of a successful claimant, and 515 were
administered based on official interventions by the Housing and
Property Claims Commission (HPCC, the predecessor adjudicating agency
to the KPA). The KPA rented 863 properties on behalf of the legitimate
owners who received 2.5 million euros ($3.35 million) in rent. At
year's end, the agency had received 41,099 total claims: 36,637 for
agricultural property, 974 for commercial property, and 3,488 for
residential property. Kosovo Serbs in the northern part of Mitrovice/
Mitrovica continued to occupy Kosovo Albanian-owned properties and
denied their owners access; Kosovo Albanians in the southern part of
the municipality occupied and denied Kosovo Serbs access to their
property. The KPA has orders for 481 evictions pending in Mitrovice/
Mitrovica, 299 of which are in north Mitrovica and 182 of which are in
south Mitrovica. These 481 eviction orders represent 83 percent of all
pending evictions by KPA. During the year the KPA carried out 182
evictions Kosovo-wide.
The KPA remained unable to enforce seven HPCC decisions for
properties located in the northern part of Mitrovice/Mitrovica, due to
concern by authorities that attempts to serve eviction notices would
lead to violence.
The KPA also examined requests for reconsideration in instances
where the original claim had been denied. As of December one HPCC
request for reconsideration remained pending. Additionally the Kosovo
Property Claims Commission (KPCC), a quasi-judicial arm of the KPA
acting under the KPA mandate, adjudicated 26,953 claims by the end of
December. The KPCC overturned 18,637 claims based primarily on
incorrect notification or other technical reasons. Of the overturned
claims, the KPCC re-adjudicated 1,680. As such the number of valid
adjudicated claims stands at 10,266. The total number of implemented
KPCC decisions stands at 2,249.
The backlog of property-related claims in municipal courts remained
high with approximately 20,000 outstanding at year's end, representing
almost exclusively monetary claims by Kosovo Serbs for war-related
damage.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government, EULEX, and KFOR generally respected these prohibitions
in practice. KFOR forces retained the ability to assist local police
and EULEX police in conducting searches for high-risk suspects and
independently to search private property for weapons without court
orders, based on UN Security Council Resolution 1244's peacekeeping
authority. During the year KFOR did not conduct any such searches.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights in practice. However, there were reports that
media representatives were intimidated by public officials,
politicians, and businesses. The media also encountered difficulties in
obtaining information from the Government and public institutions. The
law on broadcast media prohibits hate speech and speech that incites
ethnic violence.
Individuals generally could criticize authorities publicly or
privately without reprisal.
According to the Association of Professional Journalists of Kosovo
(APJK), media outlets' financial difficulties left the editorial
independence and journalistic professionalism of both print and
television media vulnerable to outside influence and pressure. A few
newspapers were financially self-sufficient and thus able to develop
editorial policies independent of business and political interests.
However, other newspapers relied on funding from businesses and
political interest groups, as well as the Government, which provided
financial support in exchange for positive coverage or absence of
critical coverage.
There was no direct censorship of print or broadcast media;
however, journalists reported pressure from politicians and organized
crime, which frequently resulted in self-censorship. Some journalists
refrained from critical investigative reporting out of fear for their
personal security or their jobs. Journalists were occasionally offered
financial benefits in exchange for positive reporting or for abandoning
an investigation, and government officials and suspected criminals
verbally threatened some journalists for perceived negative reporting.
According to editors, government agencies and corporations withdrew
regular advertising from newspapers that had published critical
coverage of them.
Print media self-regulated through a code of conduct adopted by the
Press Council, an organization composed of print editors and publishers
and led by an international member elected by the council. The
council's complaint board reviews and issues decisions on complaints
against media outlets. The council requires media outlets found to have
violated the group's code of conduct to publish the council's negative
finding. Under the council's new statute, which entered into force on
January 26, the council no longer imposes monetary fines for
misconduct.
The Independent Media Commission implemented regulations and
enforced codes of conduct governing broadcast media. The commission is
a permanent body overseen by a seven-member governing council.
As of December the country had 104 licensed broadcasters on the
terrestrial network (39 of which broadcast in minority languages); the
broadcasters expressed a wide variety of views. Of the 65 broadcasters
whose primary language was Albanian, the three entities of the publicly
funded Radio Television Kosovo (RTK) group (RTK Television, Radio
Kosova, and Radio Blue Sky) also broadcast daily in minority languages.
The RTK board of directors is responsible for overseeing RTK, and
the Ministry of Finance controlled its budget. The law provides for
regulation of RTK program content and requires that at least 15 percent
of RTK program time, including prime time, be dedicated to minority
communities in their respective languages on a proportional basis.
State broadcaster RTK operated on interim funding allocated by the
Assembly pending amendment of the law on RTK. In October 2009 the
Constitutional Court suspended RTK's principal funding mechanism, a
3.50 euro ($4.70) monthly RTK fee that had been added to all
electricity bills. The suspension of the fee caused the European
Broadcast Union to issue a public letter noting that this decision
endangered the broadcaster's independence.
There were no reports of censorship or harassment of the
publication of books, and publishing houses expressed a wide variety of
views without restriction.
There were no reports that the Government used libel laws, national
or public security grounds, or publishing restrictions as vehicles to
limit the operations of print, broadcast media, or publishing houses.
During the year the APJK reported 33 instances of press freedom
abuse by government officials, business interest groups, and media
owners, including verbal threats to journalists and their agencies by
individuals affected by negative media coverage, pressure not to
publish certain materials and articles, and obstruction of their work.
The APJK also reported that many journalists complained that editors
often did not allow them to publish or broadcast stories critical of
the Government or particular officials due to editors' or media
outlets' connections to, or preferences for, certain senior government
officials. In some cases, journalists reported that editors threatened
to fire them if they continued to produce stories critical of the
Government. Three journalists reported that editors prevented them from
producing stories on high-level government corruption.
On August 27, the Vienna-based South East Europe Media Organization
(SEEMO) issued a press release on the organization's concerns about
restrictions on the ability of journalists to travel. SEEMO reported
that several journalists had been denied passports because they were
under police investigation or faced court proceedings. All passport
applicants, including journalists, are required to submit a certificate
from a competent court certifying that the applicant is not under
investigation or court proceedings. Since journalists are often sued
for critical reporting and are further subject to excessive court
delays, SEEMO called the requirement ``a clear restriction of the
freedom of movement of journalists.''
On November 14, Kosovapress online news agency reporter Sebahate
Shala quit her job following a November 13 press conference in which
she asked a EULEX official whether Minister of Transport and
Communications Fatmir Limaj should have been included in political
party PDK's candidate list for Assembly elections, considering that
Limaj was the subject of an ongoing EULEX investigation. Shala reported
receiving intimidating and insulting text messages after the press
conference and publication of her report on the conference. Shala
reported she was forced to quit because of disagreements with the
agency's management over her question at, and coverage of, the press
conference.
During the year there were several incidents of violence or
harassment directed at the media.
On May 13, unknown persons placed signs on buildings on the street
where the director of the media company Koha Group, Flaka Surroi,
resided. The signs read ``UBD Street--Veton and Flaka Surroi.'' UBD was
the acronym for the former Yugoslav/Serbian state security and, among
the country's majority population, is generally perceived as synonymous
with ``traitor.'' The placement of the signs followed publication of an
interview in the Koha Group's top-circulation daily newspaper, Koha
Ditore, with EULEX prosecutor, Johannes Van Vreeswijk, in which he
revealed that Minister of Transportation Fatmir Limaj was suspected of
involvement in organized crime and abuse of duty. Prime Minister Thaci
publicly criticized the placement of the signs.
On June 3, the APJK received a complaint from daily newspaper Zeri
alleging that the president of the Pristina District Court, Anton
Nokaj, had pressured the newspaper by threatening to press criminal
charges (as a private citizen) against a reporter for the daily Besa
Kalaja. Nokaj claimed that Kalaja had falsely reported that charges had
been pressed against him with EULEX related to the employment of his
son as an interpreter for the court. Nokaj was not reappointed to his
post as a judge.
On June 28, a group of participants at the Serbian anniversary
celebration of the Battle of Kosovo in Gazimestan damaged the vehicle
of the Kosovo branch of Tirana-based Top Channel Television and threw
rocks at a Top Channel cameraman. The cameraman recorded the incident
and was not injured in the attack. Police were investigating the case.
On July 20, an explosive device was thrown in the yard of the home
of the editor in chief of Radio Mitrovica, Caslav Milisavljevic. The
blast damaged three parked vehicles, one of which belonged to
Milisavljevic. Some media quoted him as calling the attack politically
motivated due to his son's involvement with the North Mitrovica
Municipal Preparation Team, which is working with the national
government to establish a new Serb-majority municipality within
Kosovo's administrative system. An investigation into the case was
ongoing at year's end.
There were some developments in cases of violence or harassment
directed against the media in previous years.
On May 5, EULEX prosecutors reported there was insufficient
evidence to pursue the January 2009 case of a group of Kosovo Serbs who
threw an explosive device at firefighters in the northern part of
Mitrovice/Mitrovica and attacked a television crew from local station,
TV Most, which was covering the fire, injuring a reporter and
destroying a television camera.
There were no new developments in the March 2009 case in which the
Kosovo Serb media reported that police harassed reporters of the Kosovo
Serb television production Glas Juga and Radio KIM after they covered a
Kosovo Serb protest in the village of Shillove/Silovo. Reportedly,
police officers stopped the reporters, forced cameraman Bojan Kosanin
out of his vehicle, and kicked him. Police claimed that they did not
receive any complaints regarding police mistreatment.
The local newspaper Infopress, cited by the Press Council for
publishing opinions that constituted hate speech (threats against
television journalist Jeta Xharra), did not pay the 1,000 euros
($13,400) fine imposed by the Press Council in June 2009. Under the
Press Council's new statute, it no longer imposes fines on media
outlets.
The KP assessed that there was no police wrongdoing in the July
2009 detention of a reporter and a technician from ``TV Iliria'' for
allegedly provoking the crowd while they were covering a police
operation involving the arrest of dozens of municipal employees from
the Viti/Vitina municipal government in July 2009. The reporter and
technician left the police station, were not interviewed there, and did
not file any charges against police for the detention. Viti/Vitina
police later said they filed charges against the reporter and
technician for obstructing officials in their duties, but the
journalists have not received notification of any charges against them.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
and the Government, EULEX, and KFOR generally respected this right in
practice.
The law on public gatherings requires that organizers inform police
of protests 72 hours prior to the event. Police are required to notify
the organizers within 48 hours if the protest will be allowed.
On a few occasions during the year, police used force to disperse
demonstrations and beat demonstrators while making arrests.
There were allegations of excessive use of force by EULEX police in
the September 11 clash between a group of Kosovo Serbs and EULEX and
the KP, following an interethnic altercation after Serbia's loss in the
World Basketball Championship semifinal. One EULEX officer received a
bullet wound to the foot, and one KP officer and seven Kosovo Serbs
were also injured in the incident. The KP was investigating the case at
year's end.
The PIK investigated but did not issue a conclusion in a May 2009
case from the Kosovo Serb enclave of Ranillug/Ranilug in Kamenice/
Kamenica, where local Kosovo Serbs protested power cuts by public
electricity provider KEK. There were credible reports that multiple KP
special operations officers beat and kicked one of the protesters while
he was on the ground. No officers were charged in the case.

Freedom of Association.--The constitution and law provide for
freedom of association, and the Government generally respected this
right in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government and EULEX generally respected these
rights; however, interethnic tensions and real and perceived security
concerns restricted freedom of movement in practice.
The Government cooperated with the Office of the UN High
Commissioner on Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
Police continued to assess the security situation as stable but
fragile. No crimes related to freedom of movement were reported to
police. Nevertheless, members of all ethnic communities continued to
remain largely within or travel between areas where their group
comprised the majority.
Perceived risks and sporadic incidents of violence and intimidation
continued to limit freedom of movement for Kosovo Albanians in northern
Kosovo and Serbs in other parts of the country. The Government enhanced
efforts to facilitate minority travel, but real and perceived risks
deterred many minorities from traveling outside their neighborhoods.
There were several cases of explosive devices found along roadways
and under one bridge in the Strpce/Shterpce area. None were detonated.
There were no new developments since the 2009 arrests of five men
in the 2008 case of attempted armed robbery of bus passengers on route
that carries Kosovo Serbs to Serbia near Podujeve/Podujevo.
There were no new developments in the 2008 incidents in which
pedestrians discovered explosive devices along the railway in Old
Kacanik village in Ferizaj/Urosevac and beneath a railway bridge in
Mitrovice/Mitrovica.
The Government regulated movement in and out of the country. The
law provides that the central civil registry may issue travel documents
to any person registered as a habitual resident of the country, and the
registry routinely issued such documents in practice.
The law prohibits forced exile and authorities did not use it.

Internally Displaced Persons (IDPs).--According to the UNHCR, at
the end of the year, there were 18,196 displaced persons within the
country, 54 percent of whom were Kosovo Serbs and 40 percent Kosovo
Albanians. Of the 4,100 persons displaced by riots in 2004,
approximately 1,000 remained IDPs.
According to UNHCR estimates, the largest number of IDPs,
approximately 80 percent, were concentrated in the Mitrovice/Mitrovica
region. In Mitrovice/Mitrovica municipality, many Kosovo Serbs in the
northern part and Kosovo Albanians in the southern part of the
municipality remain in displacement.
International donors completed construction of 96 homes for 96
families in a Romani settlement in the southern part of Mitrovice/
Mitrovica that was destroyed during riots in 1999. The homes
accommodate families that had been living in the lead-polluted Cesmin
Lug IDP camp and the Osterode camp. Before the new construction this
year, 484 displaced Roma, Ashkali, and Egyptian inhabitants had
returned to the neighborhood. On December 2, international donors
funded a program for testing the blood lead levels of 78 children who
were resettled from the lead-contaminated camps during the year. In a
testing and treatment protocol recently approved by the Ministry of
Health, nurses at the Romani Mahalla medical center have begun testing
the children for lead poisoning. Testing revealed a significant drop in
blood lead levels after the resettlement. Depending on additional
results, follow-up treatment will be conducted by health officials.
During the year the Ministry of Communities and Returns budgeted
five million euros ($6.7 million) for returns of, and assistance to,
IDPs. International community donors also provided funding directly to
implementing partners of projects for returns in coordination with the
Ministry of Communities and Returns. The funds were spent on housing
reconstruction, food and nonfood assistance, income generation grants,
and basic support infrastructure such as roads and water systems.
The Government did not attack, target, forcibly return, or resettle
IDPs under dangerous conditions.
The KP reported that investigations into four cases of physical
attacks and verbal harassment against Romani returnees living in
Gjilan/Gnjilane in July 2009 resulted in three cases being sent to the
municipal prosecutor's office and one case being sent to the municipal
court for minor offenses.

Protection of Refugees.--The country is not a party to the 1951
Convention relating to the Status of Refugees or the 1967 Protocol.
However, the law is based on and refers to the 1951 convention and 1967
protocol to provide for the granting of asylum or refugee status, and
the Government has established a system for providing protection to
refugees.
The asylum law entered into effect in 2008. Administrative
instructions, such as procedures and standards for the reception and
initial treatment of asylum seekers, and rights and obligations of
asylum seekers, have been promulgated and are pending implementation.
During the year the UNHCR continued to assist the Department of
Borders, Asylum, and Migration in building its capacity to adjudicate
claims; to provide training to border police in identifying and
processing individuals who request asylum at ports of entry; and to
prevent the return of persons to countries where their lives or freedom
would be threatened. In addition the Government has issued a decision
on the establishment of the national commission for refugees, and with
the European Commission, is funding a construction of a new reception
center for asylum seekers in Lipjan/Lipljan municipality.
In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion. At year's end, the country hosted 220 refugees, mostly from
neighboring countries.
According to the UNHCR, from January 2009 until December 2010, 271
asylum seekers applied for international protection in the country. The
Department of Borders, Asylum, and Migration and the asylum center
accommodated all asylum seekers. In January a temporary asylum center
in Pristina was opened. The facility was filled to capacity early in
the year. At year's end only 62 of the 272 asylum seekers remained in
the country. Figures on stateless persons were unavailable, but the
UNHCR reported assisting nearly 10,000 from the Roma, Ashkali, and
Egyptian community to obtain civil status registration in recent years.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide residents with the right to change
their government peacefully, and citizens exercised this right in
practice through periodic, free, and fair elections based on universal
suffrage.
Since the country's declaration of independence in 2008, local
officials assumed authority and responsibilities in most areas of
governance. Under the constitution, the 120-member Assembly has the
authority to select a president, a prime minister, and other ministers
and government officials.

Elections and Political Participation.--On December 12, the country
held snap Assembly elections, following the November 2 Assembly vote of
no-confidence in the Government. The no-confidence vote followed the
September 27 resignation of President Fatmir Sejdiu following the
Constitutional Court's decision that he had breached the constitution
by maintaining his position as leader of his political party,
Democratic League of Kosovo (LDK), while serving as president.
Domestic and international observers stated the elections generally
met international standards but noted serious irregularities and
electoral manipulations in some areas, including falsification of
signatures on the voters' list and observed irregularities in counting.
Observers also noted incidences of family voting (male heads of
household voting on behalf of female family members) throughout the
country. The Electoral Complaints and Appeals Panel and the Central
Election Commission annulled results for three municipalities--
Skenderaj/Srbica, Gllogovac/Drenas, and Decan/Decani--as well as three
polling stations in Malisheve/Malisevo and Lipjan/Lipljan as a result
of electoral irregularities. Revoting in these three municipalities and
the annulled polling stations in the other two municipalities was
scheduled for January 9, 2011.
For the December 12 Assembly elections, 14 alternative polling
stations--mini-buses staffed by internationals and advertised to the
public--were provided to enhance polling opportunities in Serb areas
north of the Ibar River. Electoral authorities did not have access to
the schools that would normally serve as polling stations, as these
institutions are under the control of unsanctioned parallel Serbia
government authorities. Serious intimidation generally prevented local
persons from serving as polling station workers and suppressed voter
turnout in the region.
On October 29, the Assembly adopted changes to the national
election law that clarified the election complaints and appeals process
and provided for voters in Assembly elections to vote for one party and
up to five candidates from that party.
On June 20, municipal elections were held in the newly established
Serb-majority municipality of Partes/Partesh, and the mayoral run-off
election was held on July 18. The Partes/Partesh elections were marked
by the highest rate of Kosovo Serb participation since the county
became independent, with first round voter turnout exceeding 56 percent
and runoff elections reaching 36 percent turnout. International
observers assessed the elections as generally free and fair. On April
11, due to the death of the mayor, extraordinary mayoral elections were
held in the municipality of Istog/Istok.
Serb hardliners who object to Kosovo's independence continued to
intimidate and retaliate against Kosovo Serbs who engage with Kosovo
government structures. On September 27, explosive devices believed to
be hand grenades were thrown at the home of Dragan Stojkovic and the
car of Dusan Milisavljevic, officials of the only legally registered
political party in northern Kosovo, the Democratic Alternative Party,
following its inaugural congress. The September 27 attack was the third
attack on Stojkovic's property and the second on Milisavljevic's
vehicle.
The country had a multiparty system dominated by five Kosovo
Albanian parties with several minority parties and coalitions. The law
provides that individuals may nominate themselves as candidates to
their parties, which must hold open and transparent internal elections
to select candidate lists. Political parties could operate without
restriction or outside interference, but party affiliation played an
important role in access to government services and social and
employment opportunities. Traditional social arrangements and clan
loyalties also played an important, although unofficial, role in
political organizations.
Prior to its dissolution in November, there were 37 women in the
120-seat Assembly. The electoral law requires a 30 percent quota for
female parliamentarians. There were no women on the eight-member
Assembly presidency. In the Government, there were two female ministers
and four female deputy ministers. While no women were elected in the
November mayoral elections, women represented 31 percent of elected
municipal representatives.
Prior to its dissolution in November, there were 24 ethnic minority
members in the 120-seat Assembly, including 10 Kosovo Serbs and 14
members of other groups, including ethnic Turks, Bosniaks, Gorani,
Roma, Ashkali, and Egyptians.
The constitution requires that the Assembly reserve 10 seats for
Kosovo Serbs and 10 for members of other ethnic groups. Although there
are no similar quotas for municipal elections, Kosovo Serb political
participation and representation in the southern part of the country
continued to grow, especially in the Serb-majority municipalities newly
established or enlarged in accordance with the Ahtisaari plan and the
country's constitution. Serbs remain without municipal representation
in the three northern municipalities of Leposaviq/Leposavic, Zubin
Potok, and Zvecan, as Kosovo Serb voters responded to calls from
Serbian authorities not to participate in the November 2009 municipal
elections there.
In 2008 the Government implemented an election law to create a
single, multimember electoral district throughout the country. Under
the law, elections are to be held with open lists according to a
proportional representation system. A quota system provides for
representation for women and minorities in the Assembly. A political
party must receive 5 percent of the vote in order to enter the
Assembly.
The Serbian government continued to run parallel government
structures in Kosovo Serb enclaves. In 2008 UNMIK stated that
organizing elections for these parallel structures was a violation of
UN Security Council Resolution 1244. In 2008 UNMIK declared that the
parallel municipal structures arising from these elections were
illegitimate.
On October 14, the unsanctioned parallel government of a Serbia
court operating in North Mitrovica issued indictments to the mayor of
the municipality of Strpce along with nine other members of the Strpce
Municipal Assembly and municipal employees. The indictments, stemming
from the January 14 takeover of some of the offices in the Strpce
Municipal building used by parallel Serbian authorities, accuse the
mayor and municipal officials of having committed offenses under the
Serbian criminal code. The indictments put the mayor and municipal
officials at risk of arrest if they travel outside of Kosovo to Serbia
or any country that has an extradition treaty with Serbia.
On May 30, the Serbian government sponsored parallel municipal
elections in Mitrovica/Mitrovice and Novo Brdo/Novoberde to replace
parallel municipal governments dissolved by the Serbian government in
December 2009. The Kosovo government and international community
continued to emphasize that the parallel institutions were illegal and
invalid.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
officials reportedly engaged in corrupt practices with impunity.
According to Freedom House's 2010 report, Nations in Transition,
corruption remained a serious problem.
There was widespread public perception of corruption in the
Government. International organizations and NGOs continued to report
that corruption was a serious problem. A lack of effective judicial
oversight and general weakness in the rule of law contributed to
corruption in the Government.
On October 15, the Kosovo Special Prosecutor's Office filed an
indictment in the District Court of Pristina against five Kosovo
defendants for trafficking in human organs, organized crime, unlawful
medical activities, and abuse of official authority. Among the
defendants are doctors and a person who previously worked at a senior-
level in the Ministry of Health. Interpol also issued arrest warrants
for a Turkish citizen and an Israeli citizen in the case. The charges
are related to the Medicus Clinic in Pristina, which was closed in 2008
by KP after a months-long investigation for the international
trafficking of organs.
On November 10, a mixed panel of two EULEX judges and one Kosovo
judge of the District Court of Pristina found Democratic League of
Dardania (LDD) president Nexhat Daci and his former aide Ahmet Alishani
guilty on charges of misusing their offices during Daci's tenure as
speaker of the Assembly in 2003-05. The court convicted Daci on charges
related to the misappropriation of Assembly funds to pay for his dental
and optician bills in the total value of 1,540 euros ($2,063); he was
acquitted on charges related to the illegal procurement of power
generators for his personal residence. The court gave Daci a suspended
sentence of one year and six months in prison, and he is prohibited
from serving in public office for two years following the completion of
the sentence; Alishani received a six-month suspended sentence.
According to the terms of the sentences, neither will face prison time
as long as they commit no other offenses.
On July 13, members of the Anticorruption Task Force and EULEX
police arrested Ilir Tolaj, political advisor to Minister of Health
Bujar Bukoshi, on suspicion of tax evasion during the period 2004-08,
when he was permanent secretary in the Ministry of Health. He was
released the following day on a bail of 50,000 euros ($67,000). The
investigation continued at year's end.
On July 23, EULEX and KP units arrested Hashim Rexhepi, governor of
the Central Bank, on suspicion of abuse of official position,
corruption, bribery, tax evasion, and money laundering. The
Anticorruption Task Force searched seven locations in the case,
including the office of the Central Bank and the residence of the
governor. On November 19, Rexhepi was released on 20,000 euros
($26,800) bail.
Corruption and government influence remained problems in the
security forces. On December 16, EULEX and KP executed search warrants
at the Kosovo Customs and the Ministry of Economy and Finance in
relation to the importation of large quantities of cigarettes in 2008-
09. EULEX investigators have alleged that Customs Director Naim
Huruglica was complicit in a scheme to deprive the Government of the
2.5 million euros ($3.35 million) in tax revenue had the cigarettes
been imported after a planned excise tax increase which took effect in
2009. The case remains under investigation, and no charges had been
filed at year's end.
The investigation continued in the August 2009 case of police
lieutenant Sejdi Zeqiri, who was arrested for abuse of official
authority, bribery, and sexual harassment. At year's end, Zeqiri
remained under house arrest.
The Kosovo Customs Law Enforcement Unit made progress in
investigating and prosecuting corruption in the Customs Service. During
the year one customs officer was dismissed, one was suspended, two were
demoted, nine were denied promotion, and 15 were issued warnings in
various internal investigations of wrongdoing within the Customs
Service.
There were no developments in the June 2009 case of the arrest of
Ardian Hasanaj, a senior official at the Government-owned national
telecommunications provider Post and Telecom of Kosovo (PTK). Hasanaj
allegedly took bribes from two persons to help them find jobs.
Hasanaj's employment with PTK was terminated after he was arrested.
On July 14, the municipal court in Prizren sentenced Elez Hoxha to
four years in prison and fined him 10,000 euros ($1,340) for accepting
bribes during the period 2005-07, when he was a judge in the Pristina
District Court.
On July 9, the district court in Pristina convicted Norwegian
citizen Ove Johansen on corruption charges for arranging for a
fraudulent transfer of 300,000 euros ($402,000) from a government-owned
telecommunications provider to a phantom company in Norway. The court
sentenced him to two years in prison and ordered him to pay damages to
PTK in the amount of 300,000 euros ($402,000). Two other suspects in
the case, Roger Reynolds and Ronnen Sorenson, remained at large.
The law provides that public officials are subject to financial
disclosure laws.
The Kosovo Anticorruption Agency and the Office of the Auditor
General are the two major agencies responsible for combating corruption
in the Government. During the year the anticorruption agency received
132 reports of corruption; 27 cases were referred for prosecution, four
were passed to the KP, 57 were closed for lack of evidence, and 44 were
under investigation.
The independent Office of the Auditor General (OAG) reviewed fiscal
management and accountability in the central government, municipal
authorities, and publicly owned enterprises. During the year the OAG
audited most ministries, the president's office, and the Assembly. In a
September report, the OAG noted that government institutions continued
to fail to respect fiscal management laws and regulations due to a lack
of understanding of their responsibilities and of basic accounting.
In a report released during the year, Freedom House noted that
corruption was widespread and remained a major problem due to
insufficient laws, a lack of political will, and the weakness of the
judicial system. The report also noted that the anticorruption law and
the provisional penal code define corruption differently.
In 2009 the European Commission reported that the public sector's
outsized role resulted in an unfriendly business environment in which
politically connected groups and individuals have advantages in
establishing companies and seeking public contracts.
The law provides for public access to government information
through a newly strengthened law on access to official documents,
adopted on October 10, which abrogated the 2003 law. The new law
provides for penalties for institutions and officials that do not
provide access to information as required by the law. NGOs have
commented favorably on the new law, indicating it clarifies procedures
for accessing official documents.
A test conducted by the NGO Youth Initiative for Human Rights,
covering the period from June 2008 to July 2009, indicated that only
approximately 25 percent of requests for access to official documents
(sent randomly to local and central authorities) received positive
responses. The International Exchanges and Research Board's Media
Sustainability Index noted that the administrative instruction
implementing the 2003 Law on Access to Official Documents extended the
time limit beyond 15 days and was overly specific about when a document
can be accessed, thus limiting access to official documents.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. The Government was
occasionally cooperative and responsive to their views.
The Government occasionally met with domestic NGO monitors,
responded to their inquiries, or took action in response to their
reports or recommendations. There were no reports that the Government
harassed, targeted, or prosecuted NGOs for their activities.
The Government cooperated with international organizations,
including UN representatives and other international organizations
including the ICRC and the International Organization for Migration.
The UN maintained a large presence in the country and covered a wide
range of issues.
There were no developments in the 2008 case of unknown assailants
in Mitrovice/Mitrovica throwing a Molotov cocktail at the headquarters
of the humanitarian organization Norwegian Church Aid.
The ombudsperson investigates allegations of human rights
violations and abuse of government authority. The ombudsperson was
considered moderately effective but was restricted by funding problems.
The ombudsperson continued to assert that the courts and ministries
were the most frequent violators of human rights in the country. The
ombudsperson also noted that recent reforms in the judiciary were
insufficient, and the system suffered from grave defects. While the
ombudsperson actively issued intervention letters, reports, and
recommendations, his recommendations were not always followed by the
Government, local courts, or police. The ombudsperson investigated
cases concerning property rights, abuse of official authority,
administrative acts or omissions by public authorities, lack of proper
investigations into criminal acts, issues involving the length of court
proceedings and the execution of court decisions, employment-related
disputes, and discrimination cases.
The Assembly maintains a committee on human rights, gender
equality, missing persons, and petitions. The committee must review all
laws that affect human rights. The committee was controlled by
governing coalition parties and did not issue any public reports during
the year.
The Government and KFOR generally cooperated with the ICTY. On July
21, the Appeals Chamber of the ICTY ordered a partial retrial in the
case of former prime minister Ramush Haradinaj and codefendant Idriz
Balaj, acquitted by the ICTY in 2008, and ordered both men into
custody. On October 28, the prosecutor for the ICTY revised its
indictment against Haradinaj. The amended charges have replaced
``crimes against humanity'' with ``violations of the customs of war.''
The appeal of Lahi Brahimaj, convicted of torture and mistreatment of
prisoners and sentenced to six years in prison in 2008, was pending at
year's end.''
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law specifically prohibits discrimination on the basis of race,
gender, ethnic origin, disability, social status, or language. The
Government did not effectively enforce these prohibitions.

Women.--The law criminalizes rape; however, spousal rape is not
specifically addressed. Under the criminal code, rape is punishable by
two to 10 years in prison; statutory rape (sexual intercourse with a
child under 16 years old) is punishable by five to 20 years in prison.
Rape involving homicide is punishable by imprisonment of 10 to 40
years.
Observers believed that rape was significantly underreported due to
the cultural stigma attached to victims and their families. Police rape
units around the country received 18 reports of rape during the first
half of the year. According to the Justice Ministry, victim advocates
provided services to victims in 40 cases of rape from January through
November.
Domestic violence against women, including spousal abuse, remained
a serious and persistent problem. The law prohibits domestic violence,
and convictions carry prison terms of six months to five years. The law
treats domestic violence cases as civil cases unless the victim suffers
bodily harm. Failure to comply with a civil court's judgment relating
to a domestic violence case is a criminal offense and can be
prosecuted. When victims did press charges, police domestic violence
units conducted investigations and transferred cases to prosecutors.
According to the special prosecutor's office, family loyalties,
poverty, and the backlog of cases in both civil and criminal courts
contributed to the low rate of prosecution.
In November 2009 the OSCE provided an update to its 2007 report on
domestic violence. OSCE monitors reported continued problems in the
adjudication of domestic violence cases, including unlawful delays in
scheduling hearings or in deciding on protection orders, failure to
involve representatives of the Center for Social Work in civil domestic
violence proceedings, misapplication of relevant laws by courts, and
failure to prosecute domestic violence crimes.
Between January and November, police reported 636 victims of
domestic violence. Between January and December, the Centers for
Protection of Women and Children in Pristina and Mitrovica provided
assistance to 182 victims of domestic and sexual violence and six
victims of trafficking. From January through June, the Justice
Ministry's victim advocate and assistance unit was involved in 313
domestic violence cases.
Convictions for domestic violence were rare, and sentences ranged
from judicial reprimands to imprisonment. Traditional social attitudes
towards women in the male-dominated society contributed to the high-
level of domestic abuse and low number of reported cases.
The Ministry of Labor and Social Welfare's protection for families
section had a unit dedicated solely to dealing with family violence.
The ministry provided some financial support to NGOs running shelters
for domestic violence victims, which also accommodated some trafficking
victims. The ministry also provided social services through social
welfare centers. Several domestic and international NGOs pursued
activities to assist women; however, they were constrained by a
tradition of silence concerning domestic violence, sexual abuse, and
rape.
The police training school offered special courses on domestic
violence and rape. There were no reports that police responded
inappropriately to rape or domestic abuse allegations.
There is no specific law against sexual harassment, which was a
common problem. Women's rights organizations indicated that sexual
harassment commonly occurred on the job but went unreported due to fear
of expulsion or physical retaliation. Public awareness of sexual
harassment remained low, and few cases were reported.
The reproductive health law protects the reproductive rights of
individuals and couples, including the right to information and access
to reproductive services. In practice the Government generally
respected reproductive rights. The UN Population Fund (UNFPA) reported
that access to reproductive health information and treatment was
generally widespread and equitable, however, poor, marginalized, and
illiterate communities often received limited access to information.
Public health care provided limited treatment for sexually transmitted
infections and cancers of reproductive organs.
Women possess the same legal rights as men but traditionally have a
lower social status, which affected their treatment within the legal
system. The Agency for Gender Equality within the Prime Minister's
Office has the mandate to implement and monitor the gender equality
law.
Relatively few women obtained upper-level management positions in
business, police, or government. Women represented less than 30 percent
of the Government workforce. According to the Business Registration
Agency, women owned fewer than 5 percent of registered businesses.
Female unemployment remained at around 80 percent, 25 to 30 percentage
points higher than the rate for men. During the year the Agency for
Gender Equality supported a local NGO providing training for women in
small businesses.
According to the OSCE, women belonging to nonmajority communities
were at risk of suffering multiple forms of discrimination due to
gender, ethnicity, or social origin. Traditional societal attitudes
toward women resulted in discrimination. In rural areas, women
frequently had little ability to make decisions involving their
children or to exercise control over property. While the law makes no
gender distinction in the right to inherit property, family property
customarily passes only to men. In rare cases, Kosovo Albanian widows,
particularly in rural areas, risked losing custody of their children
due to a custom calling for children and property to pass to the
deceased father's family while the widow returns to her birth family.

Children.--Children acquire citizenship from their parents or by
virtue of birth in the country. According to a 2008 UN Children's Fund
(UNICEF) study, 14 percent of Roma, Ashkali, and Egyptian children in
Kosovo Albanian-majority areas were not registered at birth. In Kosovo
Serb-majority areas, 5 percent of these children were not properly
registered. UNICEF reported that, as a rule, a lack of registration did
not affect a child's ability to receive elementary education or health
care but could have an adverse effect on access to social assistance.
The extent of child abuse in the country was unknown, but UNICEF
believed it was significantly underreported due to lack of awareness,
victim services, and limited capacity to identify, report, and refer
cases of abuse. The Justice Ministry's unit for victim advocacy and
assistance reported six cases of child abuse between January and
November. Children also suffered from domestic violence. During the
same period, police reported 60 child victims of domestic violence. Of
those, 23 were placed in shelters; 12 were from Kosovo and 11 were from
other countries.
There was anecdotal evidence of child marriage, particularly in the
Roma, Ashkali, Egyptian, and Kosovo Albanian communities. The
Government and NGOs did not compile statistics on child marriage, so
the extent of the problem was unclear.
Statutory rape is a criminal offense punishable by five to 20 years
in prison, depending on circumstances and the age of the victim.
The law prohibits possession, production, and distribution of child
pornography. Anyone who produces, uses, or involves a child in making
or producing pornography is subject to one to five years' imprisonment.
Distribution, promotion, transmission, offer, or display of child
pornography is punishable by six months' to five years' imprisonment.
Possession or procurement of child pornography is punishable by fine or
imprisonment of up to three years.
From January to June the Ministry of Labor and Social Welfare
operated 35 centers that assisted 1,435 orphans and 1,626 delinquent
children. The ministry also managed foster homes and coordinated with
NGOs to place children in temporary shelters. During the year 61
children were living in foster homes and NGO-funded or government-
funded community homes under 24-hour care, including 54 children who
were placed into protective care during the year. Two children who were
placed under protective care were hospitalized and remained so at the
end of the second quarter of the year.
The Ministry of Labor and Social Welfare reported that there were
258 abandoned children with disabilities, ranging in age from three to
18 years, living in two government-funded community homes receiving 24-
hour care.
The country is a not party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--There were no reports of anti-Semitic acts during
the year.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with physical, sensory, intellectual,
and mental disabilities in employment, education, access to health
care, and in the provision of other state services; however, the
Government did not effectively implement laws and programs to provide
that persons with disabilities have access to buildings, information,
and communications. The situation for persons with disabilities
remained difficult. Although the law mandates access to official
buildings, it was not enforced and such access was rarely available in
practice. Even the Office of the Ombudsperson is not accessible for
persons with physical disabilities. During the year the country enacted
new laws providing for access by deaf and blind persons to all public
institutions, but implementation of these laws was poor.
The Ministry of Labor and Social Welfare is the Government agency
responsible for protecting the rights of persons with disabilities. By
law protection and provision of services is offered to all citizens;
however, there was considerable discrimination in practice, and
ensuring the rights of persons with disabilities was not a government
priority.
According to local disability rights NGO HandiKos, existing laws
and governmental action plans relating to persons with disabilities
were not adequately implemented. As a result, children with
disabilities were often excluded from educational opportunities, were
not professionally evaluated, and lacked sufficient health and social
services.
According to the Ministry of Education, there were seven special
residential schools for children with disabilities and 70 special needs
classrooms attached to regular schools. The ministry reported that, at
year's end, 1,100 pupils were receiving special education.
There were legal protections for children with disabilities. A Law
on Material Support for Families of Children with Permanent Disability
entered into force in 2008, and a new Law on Material Support for
Families of Children with Temporary Incapacity entered into force on
January 1. The laws provide definitions of children with disabilities
and permit their legal guardians to apply to the Ministry of Labor and
Social Welfare for material support. However, the ministry lacked both
the funds and personnel to implement the laws.
According to the NGO Kosovo Mental Disability Rights International
(K-MDRI), persons with mental disabilities continued to be detained
without legal basis in isolated conditions. K-MDRI noted that there is
no law to regulate the process of committing persons to psychiatric or
social care facilities or to protect their rights within institutions.
According to the World Health Organization (WHO), there were an
estimated 14,000 persons with mental disabilities; K-MDRI reported an
estimated 50,000 persons with mental disabilities living outside
institutions. According to K-MDRI, such persons lived isolated and
stigmatized lives.
The Government-operated Shtime/Stimlje Institute maintained a
facility for persons with developmental or intellectual disabilities
with 58 residents, run by the Ministry of Labor and Social Welfare, and
a separate psychiatric facility with 57 residents, run by the Ministry
of Health. Citing insufficient training for staff and a lack of
rehabilitative programming for patients and residents, K-MDRI advocated
closing the facility, and placing its patients and residents into homes
and apartments in urban areas, where they can be integrated with the
community.
During the year the Ministry of Health hired a person with special
needs to conduct outreach to disabled persons. The ministry operated
eight integration and community homes across the country, providing
inpatient care for 75 persons with mental disabilities. In addition the
Ministry of Labor and Social Welfare operated another nine community
homes with approximately 10 to 15 residents in each facility. K-MDRI
reported that, while these homes were intended to be transitional, most
residents spent years there with little prospect of integration into
the community. According to the WHO, there were not enough facilities
to provide care for persons with mental disabilities, and employment
opportunities for persons with mental disabilities were limited.
The National Council on Disabled Persons, an advisory organization
to government authorities and the Assembly, met twice during the year.

National/Racial/Ethnic Minorities.--Institutional and societal
discrimination persisted against Kosovo Serb, Roma, Ashkali, and
Egyptian communities in employment, education, social services,
language use, freedom of movement, the right to return, and other basic
rights. Members of the Kosovo Bosniak and Gorani communities also
complained of discrimination, while Kosovo Croat and Kosovo Montenegrin
communities were nominally acknowledged through appointment of their
representatives to the Kosovo president's Communities' Consultative
Council. Kosovo Bosniak leaders continued to complain that many of
their community members continued to depart the country as a result of
discrimination and, increasingly, an absence of economic opportunities.
Members of the Roma, Ashkali, and Egyptian communities were subject to
pervasive social and economic discrimination; often lacked access to
basic hygiene, medical care, and education; and were heavily dependent
on humanitarian aid for survival. Reports of violence and other crimes
directed at minorities and their property persisted.
There were clashes between groups of Kosovo Albanians and Kosovo
Serbs during the year.
On September 11, groups of Kosovo Albanians and Serbs clashed in
Mitrovica after exchanging taunts and insults following Serbia's loss
to Turkey in the World Basketball Championship semifinals. Both sides
threw rocks, and the clash ended when Kosovo Albanians withdrew. EULEX
responded to the incident, and one of its units was attacked by Kosovo
Serbs with stones, stun grenades, Molotov cocktails, and firearms.
Several police and protestors were injured in the incident, which
remained under investigation by the KP.
On July 2, a protest by Serbian government parallel structures of
the opening of the Government's citizen services center in north
Mitrovica turned violent, resulting in the death of a Kosovo Bosniak,
Dr. Mesud Djekovic, and injuries to 11 others. The death and injuries
occurred when an unidentified individual threw a hand grenade into the
crowd of Serb protestors, who were marching toward a home in the
ethnically mixed neighborhood of Bosniak Mahala that was flying an
Albanian flag. EULEX and KP investigations in the case continued at
year's end.
During 2009 EULEX police reported 116 cases of alleged interethnic
crime, 86 involved Kosovo Serbs as victims or suspects. Figures for
2010 were unavailable. Investigations into such crimes yielded arrests
of suspects in many cases.
In June 2009 three Kosovo Serb teenagers were reportedly beaten by
a group of Kosovo Albanians in Lipjan/Lipljan while passing a
construction site. On June 16, police filed assault charges of against
Atdhe Qerkini, Kosove Kelmendi, Bunjamin Jashanica, Gezim Xhemajli,
Gazmend Bleta, and Qendrim Veseli. On June 17, the Lipjan/Lipljan
Municipal Court ordered the six suspects to be detained for 30 days,
with the exception of Veseli, a minor.
There were no developments in police investigations of the six
attacks against Roma returnees that were reported in the village of
Abdullah Peseva in July and August 2009 or the harassment and
intimidation of 20 Romani, Ashkali, and Egyptian families from the
Halit Ibish neighborhood in the Ferizaj/Urosevac municipality.
There were no developments in the 2008 case in which police charged
Blasko Lazar Simic, Tihomir Radivoje Milosevic, Miodrag Vladimir
Nikolic, and Bozo Zivojin Stanojevic with assaulting a public official
and inflicting minor bodily injuries during a clash between Kosovo
Serbs, protesting the construction of a mosque, and Kosovo Albanians in
the ethnically mixed village of Berivojce in the Kamenice/Kamenica
municipality. Two police officers and a number of protesters were
injured. A trial date was pending at year's end.
According to a draft report prepared by the prime minister's Office
of Community Affairs, minority employment in public institutions fell
during the year and was generally confined to lower levels of the
Government. The report recommended that the Government more actively
reach out to minorities and implement reporting, recruiting, training,
equal opportunity, and language procedures.
A 2009 OSCE study showed that minority representation in the civil
service decreased from 12 percent in 2006 to 9 percent in 2009 and
remained particularly low at senior levels. The highest rates of
employment of minorities in the public sector are in the judiciary and
police.
In education the law requires equal conditions for schoolchildren
regardless of mother tongue and provides the right to native-language
public education for minority students through secondary school.
However, the Ministry of Education, Science, and Technology and
international organizations reported that school enrollment rates were
lowest among non-Serb minority communities (Ashkali, Bosniak, Egyptian,
Gorani, Roma, Turkish, and others). A 2009 OSCE study showed that
school enrollment rates for Kosovo Serb and Kosovo Albanian children
were 99 percent and 96.5 percent respectively, while school enrollment
rates for non-Serb communities averaged 76 percent.
Roma, Ashkali, and Egyptian children attended mixed schools with
Kosovo Albanian and Kosovo Serb children and reportedly faced
intimidation and bullying in some majority Albanian areas. Romani
children tended to be disadvantaged by poverty, leading many to start
work both at home and in the streets at an early age to contribute to
family income.
During the year there were occasional reports of Kosovo Albanians
destroying private property belonging to Kosovo Serbs. Some of these
attacks may have been attempts to force Kosovo Serbs to sell their
property. Regulations prevent the wholesale buyout of Kosovo Serb
communities in an effort to prevent the intimidation of minority
property owners in certain areas; however, these were rarely enforced.
There were numerous reports that Kosovo Serbs had difficulty accessing
their property, which was sometimes occupied or used by Kosovo
Albanians. The Kosovo Property Agency (KPA) reported that it faced
frequent cases of illegal occupation and reoccupation of properties in
its eviction activities, with many properties vandalized or destroyed.
For example, there were such property conflicts in the village of
Zallq/Zac in Istog/Istok, where the Government is building houses for
Kosovo Serb and Montenegrin families who returned to Kosovo
spontaneously from Serbia and Montenegro in May. These properties, in
various stages of construction, were vandalized on several occasions,
and forested land surrounding the properties set on fire. The KP made
several arrests related to these cases. So far, all suspects were
juveniles, between seven and14 years old.
There were no developments in the 2008 case in which the OSCE
reported that a Kosovo Serb man attempted to visit his property in
Decan/Decani with members of a United Nations Development Programme
team planning to help reconstruct his home. The Serb owner could not
exercise his rights to the property as adjudicated by KPA, as his home
was destroyed, and an illegally built new house on the location
continued to be occupied by a Kosovo Albanian family.
There were no developments in the 2008 case in Kline/Klina in which
a Kosovo Serb reported that his property had been taken by a Kosovo
Albanian man.
In September Kosovo Serbs in the village of Malisheve/Malisevo
complained that plans for construction of a mosque immediately adjacent
to their homes created an unwelcome environment for Serbs, noting that
other land closer to Kosovo Albanian houses was available.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The constitution and law
prohibit discrimination based on sexual orientation; however, there
were reports of violence and discrimination directed against lesbian,
gay, bisexual, and transgender (LGBT) individuals.
The Center for Social Group Development (CSGD), a local NGO focused
on LGBT health issues, reported that traditional societal attitudes
about homosexuality intimidated most gays and lesbians into concealing
their sexual orientation. LGBT individuals generally felt insecure,
with many reporting threats to their personal safety. A 2008 study by
the Youth Initiative for Human Rights, funded by the Swedish Helsinki
Committee for Human Rights, found that 57 percent of LGBT persons
surveyed were afraid for their safety.
The print media at times reinforced negative attitudes by
publishing articles about homosexuality that characterized LGBT persons
as mentally ill. At least one political party, the Islamic-oriented
Justice Party, included a condemnation of homosexuality in its
political platform.
The CSGD reported that, while there was little official
discrimination against LGBT persons, there were a number of cases of
societal discrimination against LGBT individuals during the year.
Victims generally refused to allow the center to present their cases
publicly out of fear of discrimination. There were no overt impediments
to the center's operation; however, social pressure and traditional
attitudes had the effect of limiting its activities. The CSGD reported
that the Ministry of Internal Affairs delayed without explanation the
renewal of a memorandum of understanding with the KP for awareness-
raising on LGBT issues.
There was no official discrimination in employment, housing,
statelessness, access to education or health care; however, societal
pressure persuaded virtually all LGBT persons to conceal their sexual
orientation.

Other Societal Violence or Discrimination.--There were no reports
of official discrimination against persons with HIV/AIDS during the
year; however, anecdotal reports indicated such discrimination did
occur.
Section 7. Worker Rights

a. The Right of Association.--Regulations allow workers to form and
join independent unions of their choice without previous authorization
or excessive requirements, but this right was sometimes impeded by
companies that threatened their employees when they joined or
established unions. Regulations do not recognize the right to strike;
however, strikes were generally permitted in practice, and few strikes
occurred during the year. The Government passed a new labor law on
November 2. The law codifies a 40-hour work week, provides for 20 days
of paid leave per year for employees, and also provides for 12 months
of maternity leave.
The largest unions were the Association of Independent Trade Unions
of Kosovo (BSPK) and the Confederation of Free Unions (CFU). However,
the Ministry of Labor and Social Welfare reported that the influence of
both groups was declining as former members split off to form smaller
unions.

b. The Right to Organize and Bargain Collectively.--Government
regulations provide for the right to organize and bargain collectively
without interference or restriction, and the Government did not
restrict this right in practice; however, no collective bargaining took
place during the year. The law allows unions to conduct their
activities without interference, and the Government protected this
right in practice.
Regulations prohibit antiunion discrimination; however, some union
officials reported discrimination in practice. The BSPK and CFU
reported that only a small number of companies respected regulations
preventing antiunion discrimination and claimed that worker rights were
abused in every sector, including in international organizations, where
staff did not receive pensions.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The criminal code
prohibits forced or compulsory labor, including by children; however,
there were reports that such practices occurred. Also see the
Department of State's annual Trafficking in Persons Report at
www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
Regulations prohibit exploitation of children in the workplace,
including a prohibition of forced or compulsory labor; however, with
the exception of trafficking, the Government rarely challenged these
practices. Trafficking of children, primarily for labor exploitation,
was a problem, although a lack of statistical data made it difficult to
estimate its magnitude. Also see the Department of State's annual
Trafficking in Persons Report at www.state.gov/g/tip.
Regulations set the age of 16 as the minimum for employment and the
age of 18 as the minimum for any work likely to jeopardize the health,
safety, or morals of a young person. Regulations permit children to
work at the age of 15, provided the employment is not harmful or
prejudicial to school attendance. The law requires children between
ages six and 15 to attend school.
Child labor remained a problem. According to UNICEF, in recent
years, the number of children begging on the streets of towns and
cities rose, although the overall number of child beggars remained
unknown. While most children were not their families' main wage
earners, child labor served as a major contribution to many families'
income.
In rural areas, young children typically assisted their families in
agricultural labor. Urban children often worked in a variety of
unofficial retail jobs, such as selling newspapers, cigarettes, and
phone cards on the street. Some children were also engaged in physical
labor, such as transportation of goods. International NGOs active in
the country continued to report labor violations during the year,
including child labor.
The Ministry of Labor and Social Welfare coordinated child
protection policies for the Government, however, police had the lead on
enforcing child labor laws. The ministry reported that limited progress
had been made in reducing the number of children working on the
streets. The ministry and local NGOs, with assistance from the
International Labor Organization, worked to identify and remove working
children from the streets. Since 2007 691 children were identified, of
whom 440 returned to school.

e. Acceptable Conditions of Work.--There is no law establishing a
minimum wage. Although not enforceable as law, the Government, chamber
of commerce, and association of trade unions signed a memorandum of
understanding in 2004 setting the minimum wage at 120 euros ($161) per
month, which was generally respected, but did not provide a decent
standard of living for a worker and family. The average monthly salary
in the country was 230 euros ($308) in the public sector and 280 euros
($375) in the private sector. The World Bank reported, based on 2007
statistics, that 45 percent of the population was living below the
national poverty line, and an estimated 17 percent was extremely poor ,
unable to meet basic nutritional needs. Regulations provide for a
standard 40-hour workweek; require rest periods; limit the number of
regular hours worked to 12 hours per day; limit overtime to 20 hours
per week and 40 hours per month; require payment of a premium for
overtime work; and prohibit excessive compulsory overtime.
During the year employers often failed to abide by official labor
standards due to a lack of government enforcement, particularly with
regard to the standard workweek and compulsory and unpaid overtime.
Employees often did not report such violations due to fear of
reprisals. According to the BSPK, many individuals worked long hours in
the private sector as at-will employees without employment contracts,
regular pay, or pension contributions paid on their behalf. Employees
reported being fired without cause in violation of existing laws and
being denied holidays. Women's rights organizations indicated that
sexual abuse occurred on the job but went unreported due to fear of
expulsion or physical retaliation. According to union officials,
workers in the public sector commonly faced similar mistreatment,
including sexual abuse and the loss of employment due to political
party affiliation.
The Labor Inspectorate within the Ministry of Labor and Social
Welfare is responsible for enforcing labor, health, and safety
standards. However, the inspectorate primarily advised employers and,
although it issued 3,329 site inspection citations and 360 citations
for various labor standard violations during the first half of the
year, many fines remained unpaid pending litigation.
Although there is a law to protect employees' health and working
conditions, many private and public institutions continued to violate
it. Labor inspectorate officials reported difficulties in obtaining
accurate information because workers rarely disclosed the problems
themselves in spite of legal protections.

__________

LATVIA

The Republic of Latvia, with a population of approximately 2.2
million, is a multiparty parliamentary democracy. Legislative authority
is vested in the unicameral Saeima (parliament). Elections on October 2
for the 100-seat parliament were free and fair. Security forces
reported to civilian authorities.
Human rights problems included police abuse of detainees and
arrestees; poor conditions at police detention facilities; poor
conditions and overcrowding in prisons; lack of detainees' access to
attorneys; government corruption; violence against women; child abuse;
trafficking in persons; and hate speech against ethnic and racial
minorities on the Internet.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings. Security forces in one instance killed a criminal
suspect in a shootout. On January 2, National Police officers shot and
killed a man with a gun who was threatening to kill the officers and
other persons in an apartment near Jelgava. After a routine
investigation, the Internal Security Bureau of the National Police
determined the officers acted reasonably.
On April 16, prominent journalist and local politician Grigorijs
Nemcovs was shot and killed at a restaurant in Daugavpils. According to
Reporters without Borders, a nongovernment organization (NGO), Nemcovs'
killing appeared to be professional. Nemcovs was known for his
investigative work on municipal government corruption and had
previously been the subject of death threats and violence. At the end
of the year, Nemcovs' killing remained unsolved.
There were no developments in the investigation by the prosecutor's
office of the death of Sergejs Danilins in 2008, possibly due to a
severe beating by a prison guard. In 2009 the Latvian Prison
Administration (LPA) found sufficient evidence of wrongdoing by prison
guards to refer the case to the prosecutor's office. The guards were
found guilty in August 2009 and were fined and suspended for one year.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were reports that government officials employed them.
Independent local organizations continued to express concerns about
police behavior, and there were reports that police severely abused
persons in custody. During the year the Internal Security Bureau of the
State Police received 141 complaints of alleged police violence. Of
these reports, 94 cases were not substantiated, 18 criminal procedures
were initiated, and 29 were still under review at the end of the year.
As of December the ombudsman's office received four complaints
regarding mistreatment by police and five about mistreatment by prison
officials. Some of these involved allegations against guards at the
male juvenile detention facility. The ombudsman's office reported that,
after it raised the issue with the LPA, a number of corrections
officers were terminated, including a supervisor who failed to
investigate initial reports adequately.
In December the European Court of Human Rights (ECHR) dismissed the
case of Edgars Gulbis, a former Presidential Security Service officer
whom police allegedly tortured while in custody in 2007. In June 2009,
after an internal investigation and an opinion from the ombudsman's
office failed to produce suitable redress in his view, Gulbis filed a
complaint with the ECHR. The court did not receive required information
from Gulbis' representatives and dismissed the case on that basis.

Prison and Detention Center Conditions.--Conditions in prisons and
detention centers remained poor and did not meet international
standards. The Government permitted monitoring visits by the ombudsman
and other independent human rights observers, and such visits occurred
during the year.
During the year prison authorities opened five investigations into
cases of the violent deaths of prison inmates. In three of these cases,
investigators found that the victims committed suicide. Investigations
in the other two cases continued at year's end.
The ombudsman's office, NGOs, and prisoners continued to complain
that prison facilities were seriously inadequate. These complaints
echoed many of the conclusions of the 2007 report of the Council of
Europe's Committee for the Prevention of Torture (CPT) based on a visit
in the same year. The CPT found that in prisons for men, 20 prisoners
were typically held together in dormitory-style rooms. Complaints
included inadequate privacy in living spaces and bathrooms, severely
dilapidated physical plants, lack of heat, inadequate sanitary
facilities, lack of hot water, inadequate places to sit, inadequate
work and educational opportunities, and inadequate access to open space
and fresh air.
As of December, the ombudsman's office received 50 complaints about
poor conditions in detention facilities, compared with 50 complaints in
2009. The State Police received seven complaints about poor conditions
in detention centers.
In July the ombudsman's office found that prisoners throughout the
system did not have adequate access to healthcare services. The report
specifically criticized the Government's 2009 decision to reduce
healthcare in prisons. In November the new minister of justice
announced publicly that improvement of prison conditions would be a
priority for his ministry.
In 2008 a group of maximum-security prisoners brought a claim in
the Constitutional Court alleging inadequate outdoor exercise time. The
LPA asserted that it was not possible to give the group outdoor time
for security reasons. The Constitutional Court agreed with the
prisoners and ordered the Government to make changes to prison
facilities necessary to allow the prisoners outdoor time by January
2011. The LPA made the required changes and complied with the order by
the end of the year.
In 2009 a group of prisoners filed a complaint with the
Constitutional Court, alleging that a LPA decision to cut prisoners'
food rations violated their rights. The Constitutional Court agreed and
ordered the prison administration to increase rations. The prison
administration complied with the order in June.
As of December the Ministry of Justice reported that 6,790 persons
were held in the prison system, which had a total capacity of 7,970
persons. Of these, 2,034 were detainees awaiting trial or the outcome
of their appeals and 4,756 were convicted inmates. Detainees and
convicted inmates were generally held together. Male prisoners were
held in 10 prisons throughout the country.
The prison population also included 91 juvenile males. Most of
these prisoners were held at a separate juvenile facility, which was
equipped with a school funded by the state. At the end of the year 42
juveniles were held in regular adult prisons. Although the Ministry of
Justice stated such cases were temporary and rare, the ombudsman's
office expressed concern that during pretrial detention some juveniles
were held for long periods at adult facilities, where they were
isolated and had no access to education. Conditions, especially
sanitary facilities, at the juvenile facility for males remained very
poor. However, in September the prison administration broke ground on a
new building at the juvenile prison designed to bring conditions there
in line with international standards.
The prison population included 417 women, held in a separate
women's prison. The country's few juvenile female prisoners were held
in a separate wing of the women's prison. The ombudsman's office
considered the physical conditions at the women's prison to be better
than at other facilities, and generally adequate.
During the year the Ministry of Justice began several projects to
improve conditions in prisons. These included building renovations, a
project to digitalize prison records and modernize information
technology systems, and a program to bring its administrative controls
into line with international standards. The prison administration also
began new training programs for prison employees.
The Latvian Center on Human Rights reported poor conditions at the
Olaine detention center for illegal immigrants in Riga.
In general, prisoners had reasonable access to visitors. The prison
administration allowed prisoners and detainees to observe religious
practices with some limitations, including security-related
restrictions on religious articles kept in cells and dorm rooms.
However, a group of prisoners filed a claim with the Constitutional
Court challenging these restrictions. A decision was pending at year's
end.
Authorities allowed prisoners and detainees to submit complaints to
judicial authorities. Prisoners may submit complaints without
censorship and may request investigation of credible allegations of
inhumane conditions. The ombudsman's office raised no concerns in this
area. Authorities generally investigated credible allegations of
inhumane conditions and documented the results of such investigations
in a publicly accessible manner. Ministry of Justice and other
government officials investigated and monitored prison and detention
center conditions.
The Government generally permitted independent monitoring of
prisons and detention centers by international and local human rights
groups. In December 2009 a CPT delegation inspected prisons in
Daugavpils, Jekabpils, and Jelgava. As of year's end, the CPT had not
publicly released its report.
The ombudsman's office consistently monitored conditions at prisons
and detention facilities. Although various NGOs argued the ombudsman's
office was not aggressive enough in this area, it effectively advocated
better conditions in some cases, especially involving juveniles.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.

Role of the Police and Security Apparatus.--The State Police,
Security Police, and State Border Guards are subordinate to the
Ministry of the Interior. Municipal police are under local government
control. Military forces, the Military Counterintelligence Service, the
Protective Service, and the National Guard are subordinate to the
Ministry of Defense. The State Police and municipal police forces
shared responsibility for maintaining public order, but only the State
Police were authorized to carry out criminal investigations. The
Security Police were responsible for combating terrorism and other
internal threats. The military and National Guard were primarily
responsible for external security.
Civilian authorities maintained effective control over security
forces, and the Government had effective mechanisms to investigate and
punish abuse. There were no reports of impunity involving the security
forces during the year.

Arrest Procedures and Treatment While in Detention.--The law
requires that persons be arrested openly and with warrants issued by an
authorized judicial official, except in exceptional cases specifically
defined by law (e.g., apprehension in the act, eyewitness
identification of suspect, or flight risk). The Government generally
respected this requirement in practice. The law requires the
prosecutor's office to decide whether to charge or release an
individual under arrest within 48 hours, and authorities generally
respected this right in practice. Detainees were promptly informed of
charges against them. There is a bail system; however, it was used
infrequently and applied most often in cases of economic crimes.
The Government provided attorneys for indigent defendants.
Detainees have the right to have an attorney present during
questioning; however, authorities did not always respect this right in
practice. Investigators sometimes conducted unscheduled interrogations
of detainees, or ``talks,'' without legal counsel. In 2008 the
ombudsman's office criticized these ``talks'' with detainees. The
Government did not issue a formal response, but the ombudsman reported
having periodic discussions about this issue with police.
Authorities permitted detainees prompt access to family members.
The law limits pretrial detention to no more than 18 months from
the first filing of the case for the most serious crimes and less for
minor offenses. NGOs continued to express concern about the length of
pretrial detentions in practice. The Government claimed that pretrial
detention times were reduced slightly during the year but could not
cite supporting statistics.

Trial Procedures.--The constitution and law provide for the right
to a fair trial, and most judges enforced this right; however, the
fairness of individual court decisions, of judges, and of the judicial
system in general remained a concern. As of December the ombudsman's
office reported that it opened 26 investigations into complaints about
the fairness of trials and courts.
Defendants enjoy a presumption of innocence. Trials are generally
public; however, some may be closed to protect government secrets or
the interests of minors. A single trial judge hears most cases.
Defendants have the right to be present at their trials. In closed
trials, defendants are subject to criminal sanction if they reveal any
details of the case outside the courtroom. Defendants have the right to
consult with an attorney in a timely manner, at government expense if
they are indigent. Defendants have the right to read charges, to
confront and question witnesses against them, and to call witnesses and
offer evidence to support their cases. Defendants and their attorneys
have access to government-held evidence relevant to their cases and may
appeal to the highest levels in the judicial system.
Information on court decisions is published on the Internet; a
person's identity may be withheld in accordance with regulatory
procedures.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--During the year the ECHR
issued seven decisions in cases involving the country, finding a
violation of the European Convention on Human Rights in two of those
cases. In general, the country promptly complied with judgments of the
ECHR.
On May 17, the ECHR Grand Chamber upheld the country's 2001
conviction of Vassili Kononov on charges of war crimes during World War
II. In so doing, it overturned its earlier decision, which found that
the country's prosecution of Kononov applied the law retroactively.
Kononov was a member of a Red Partisans unit that attacked the village
of Mazie Balti in the eastern part of the country in 1944, killing nine
villagers.
On October 26, the ECHR ruled that Latvia denied a claimant,
Marina, her right to a fair hearing by failing to take her low-income
status into account when imposing court fees. The ECHR awarded Marina
1,000 euros ($1,340).
On December 21, the ECHR ruled that Latvia violated the rights of a
deaf mute man, Jasinskis, who died in police custody in 2005.
Jasinskis, who was intoxicated at the time of the incident, fell and
suffered a head injury during a fight. When police arrived, they took
him into custody and placed him in a ``sobering-up room.'' While still
in custody, Jasinskis died from his previous head trauma. The ECHR
ruled that police negligently failed to provide Jasinskis with medical
care, thereby violating his right to the protection of life. The ECHR
awarded Jasinskis' family 50,000 euros ($67,000).

Civil Judicial Procedures and Remedies.--The law provides for an
independent and impartial judiciary in civil matters, including access
to a court to bring lawsuits seeking damages for, or cessation of, a
human rights violation. The Government generally upheld the law
concerning civil procedures and generally enforced civil court orders.

Property Restitution.--Restitution of property confiscated or
nationalized during the World War II period and thereafter was
substantially completed under an expired denationalization law.
However, some religious groups, including the Lutheran, Orthodox
Christian, and Jewish communities, continued to claim additional
communal and heirless properties. The status of many of these remaining
properties was the subject of complicated legal and bureaucratic
processes concerning ambiguous ownership, competing claims, and the
destruction of the Jewish communities to whom properties belonged
before World War II.
The Jewish community has identified a number of properties for
restitution. In 2008 the Government established a task force to study
the Jewish community's outstanding claims and to consider solutions.
The task force did not release its report by the end of the year, and
members of local and international Jewish communities continued to urge
the Government to pursue a resolution to this issue.

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press. However, certain government
actions caused concern among observers.
In general individuals were free to criticize the Government and
its policies. However, the law criminalizes incitement to racial or
ethnic hatred and spreading false information about the financial
system.
Human rights groups criticized the Government for attempting to
enforce national spirit. In April prosecutors brought charges against
an individual for ``blasphemy against a state symbol'' after he
disposed of a hand-held Latvian flag in a dumpster. The case resulted
in acquittal. The law imposes fines on property owners who fail to
display the national flag on designated holidays.
The independent media were active and expressed a wide variety of
views, usually without restriction. There were some reports of
harassment of the media:
In January unknown persons ransacked the offices of the daily
newspaper Neatkariga Rita Avize. This crime remained unsolved at year's
end.
In May the police raided the home of television journalist Ilze
Nagle in connection with the high-profile case of Ilmars Poikans
(a.k.a. Neo), who was accused of hacking the State Revenue Service's
database and publishing public employees' salary information. Nagle
reported extensively on the Neo case. Pursuant to an ``extraordinary''
same-day warrant (usually reserved for cases in which the police fear
the loss of evidence), police seized Nagle's computer and files. The
ombudsman's office found that the police action violated the country's
constitution. Nagle sued the police, but her complaint was dismissed.
In September the Government's Corruption Prevention and Combating
Bureau (KNAB), which enforces campaign laws, removed a satirical film,
The Last Bear Slayer, from the on-demand playlist of the partially
state-owned cable provider, Lattelecom. The KNAB stated that the film
might have constituted election advertising. Reporters without Borders
charged that the prohibition constituted improper censorship but noted
it was ineffective because the film was widely available on the
Internet.
Independent media were active and expressed a wide variety of views
without government restriction. All prominent newspapers were privately
owned. Russian-language print and electronic media were also prevalent
and active. The one government-owned newspaper mainly published
official records of government actions and decisions. Other newspapers
were widely believed to be associated with political or economic
interests; complete information on media ownership was not publicly
available.
The country has one state-owned television station, Latvian
National Television (LTV), and one state-owned radio station, Latvian
National Radio. Privately owned television and radio outlets also
operated in the country. On August 11, the Law on Electronic Mass
Media, which requires 65 percent of all broadcast airtime to be in
Latvian, dubbed in Latvian, or subtitled in Latvian, entered into
force. While Latvian is the sole official state language, approximately
one-third of the country's population (largely ethnic Russians,
Belarusians, and Ukrainians) speak Russian as their first language.
Many television stations in the country already employ Latvian
subtitles or voiceover when broadcasting programs originally produced
in another language. Despite the new law, extensive Russian-language
programming remained available during the year.
In February after a government appeal, the Supreme Court reduced to
12,000 lats ($22,440) the civil award of 100,000 lats ($187,000) to LTV
journalist Ilze Jaunalksne for the violation of her privacy by the
State Revenue Service. Jaunalksne claimed in the case that the State
Revenue Service targeted her for reporting on incidents of government
corruption.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and law provide for freedom of assembly,
and authorities may not prohibit public gatherings except in very
limited cases related to public safety. Organizers of demonstrations
must provide advance notice to local authorities, who may prohibit the
event, or change the time and place to prevent public disorder.
During the year numerous demonstrations took place peacefully and
in most cases without government interference. Police usually did not
interfere with peaceful assemblies and normally offered demonstrators
appropriate levels of protection. However, some observers continued to
criticize the legal requirement to give 10- days' advance notification
of a planned protest.
In March Riga city officials initially denied the request of a
group seeking to hold its annual event in remembrance of Latvian
soldiers who died fighting in German Waffen SS units during World War
II. A local court overturned the city's decision, and approximately 200
persons participated in the March 16 event. Opposition groups
counterdemonstrated, but police kept the two groups apart, and the
demonstration was largely peaceful. State Police reported that in
connection with the demonstration, officers detained one person for
petty hooliganism, and a court later fined the individual 50 lats
($93.50). According to press reports, between three and five additional
persons were detained and released without charges.
In May the organizer of a protest in support of hacker Ilmars
Poikans (a.k.a. Neo) and reporter Ilze Nagle (see section 2.a.) was
arrested for organizing a protest without notifying the authorities.
Charges were later dropped.
In June the Riga city government denied a group the right to
demonstrate to mark the July 1 anniversary of the German army's entry
into Riga in 1941. A court overturned the city's decision, finding that
the marchers were not inciting violence or advocating Nazism, and
citing the sanctity of the right to assemble. The city complied with
the court's order and allowed the march. However, the day of the march,
police detained the group's leader, Uldis Freimanis, for questioning on
a suspected case of ``glorifying Nazism.'' He was later released
without charges. Because Freimanis was in custody at the time of the
demonstration, the group officially cancelled it. A small demonstration
took place with no more than 30 participants. State Police detained two
persons during the demonstration: one for violating assembly laws
(charges were later dropped) and one for resisting police and violating
assembly laws. A court imposed a fine of 70 lats ($131).

Freedom of Association.--The constitution and law provide for
freedom of association, but bar the registration of Communist, Nazi, or
other organizations whose activities could contravene the constitution,
for example, by advocating the violent overthrow of the Government.
Within these limits the Government respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, see the 2010 International Religious Freedom Report at
www.state.gov/g/drl//irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice, including with respect to its ``noncitizen resident''
population.
The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, returning refugees,
asylum seekers, stateless persons, and other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees. Reports
continued that authorities turned away persons attempting to enter the
country at border checkpoints without establishing whether they might
be refugees or asylum seekers; the Government disputed these claims.
During the year 60 persons requested asylum; seven were granted
asylum, and 18 were granted alternate status (``subsidiary
protection''). In 2009, 52 sought asylum, five were granted refugee
status, and six received subsidiary protection. In 2008, 51 persons
requested asylum, two were granted refugee status and one received
subsidiary protection.
Latvia does not discriminate asylum cases based on the applicant's
country of origin or country of transit.
In practice the Government provided some protection against the
expulsion or return of refugees to a country where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion.

Stateless Persons.--Citizenship is derived from one's parents. The
children of ``noncitizen residents'' may be naturalized upon
application by their parents.
According to UNHCR data, there were 344,263 stateless persons at
the end of 2009, the vast majority of whom the Government considered
``noncitizen residents.'' According to the Department of Citizenship
and Migration, 335,918 ``noncitizen residents'' and 172 stateless
persons lived in the country as of July. Most of the ``noncitizen
residents'' were persons of Slavic origin, who either moved to the
country during the Soviet occupation, or are descended from those who
did. The Government did not give them automatic citizenship when the
country regained sovereignty in 1991. ``Noncitizen residents'' have
permanent residence status; consular protection abroad; the right to
return to the country; full rights to employment, except for some
government jobs and private sector positions deemed related to national
security; and the right to most government social benefits. However,
they may not vote in local or national elections and may not organize a
political party without the participation of an equal number of
citizens.
The UNHCR noted that ``noncitizen residents'' have, under the
country's laws, a transitional legal status that entitles them to
rights and obligations beyond the minimum rights prescribed by the 1954
Convention relating to the Status of Stateless Persons. The UNHCR
further noted that these rights are identical to those attached to the
possession of nationality, with the exception of certain limited civil
and political rights.
The law provides naturalization procedures for granting citizenship
to the noncitizen population. The citizenship procedure includes a test
of Latvian language skills and knowledge of the constitution and
history of the country. Although the UNHCR considered most of these
``noncitizen residents'' to be ``stateless,'' the Government did not,
because most were eligible to naturalize under the country's law. The
Government recognized as stateless only those individuals who did not
have a claim to foreign citizenship and were not eligible to apply for
naturalization in the country.
Most ``noncitizen residents'' had not applied for citizenship even
though they were legally eligible for it. They frequently cited as
reasons for not applying the perceived ``unfairness'' of the
requirements, resentment at having to apply at all, and the lack of
perceived benefits. A study by Ilze Brands Kehris of the Latvia Human
Rights Center found that noncitizens still accounted for 15 percent of
the country's population (down from 29 percent in 1995) and that
naturalization applications dropped sharply from 2004 to 2009 (largely
due to a 2004 surge upon the country's entry into the EU). In addition,
failure rates in the citizenship examinations rose to approximately 20
percent in 2008-09. Nils Muiznieks, a University of Latvia scholar and
former chairperson of the European Commission against Racism and
Intolerance, asserted that the Government made integration a lower
priority in recent years. During the year through November, 2,974
persons applied for naturalization, and 2,137 persons were approved. In
2009, 3,470 persons applied and 2,080 were approved.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens exercised this right in
practice through periodic and generally free and fair elections based
on universal suffrage.

Elections and Political Participation.--Free and fair elections for
parliament were held on October 2; parliament elected a new president
in 2007. Observers from the Office for Democracy and Human Rights of
the Organization for Security and Cooperation in Europe (OSCE) visited
a limited number of polling stations on election day. It found the
elections ``generally met OSCE commitments and other international
standards for democratic elections, as well as domestic legislation.''
However, it also noted that ``321,000 noncitizen long-term residents of
voting age'' were not able to vote, that the country needs to
strengthen its laws regarding candidacy rights to enhance compliance
with its OSCE commitments, and that ``hidden'' advertising illegally
not accounted for in campaign spending reports skewed the playing field
in the election.
Citizens can organize political parties without restriction;
however, the law prohibits the country's ``noncitizen residents'' from
organizing political parties without the participation of an equal
number of citizens in the party. The election law prohibits persons who
remained active in the Communist Party or various other pro-Soviet
organizations after 1991 or who worked for such institutions as the
former Soviet Committee for State Security (KGB) from holding office.
At year's end there were 20 women (including the speaker) in the
100-member parliament, and three women in the 14-member Cabinet of
Ministers. Three of seven judges at the Constitutional Court were
women, and 23 of 44 judges of the Supreme Court were women.
Members of minorities, including ethnic Russians and Poles, served
in various elected bodies. The mayor of Riga, the country's largest
city, is a member of the ethnic Russian minority.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
officials sometimes engaged in corrupt practices. There was a
widespread perception that corruption existed at all levels of
government. The World Bank's World Governance Indicators reflected that
corruption was a problem in the country.
The KNAB is primarily responsible for fighting corruption. During
the year the KNAB initiated 30 criminal cases, and other legal
institutions initiated 12 criminal cases against government and law
enforcement officials. The KNAB also forwarded 14 criminal cases
involving 45 individuals to the prosecutor's office.
Corruption cases during the year included the following:
In May the KNAB initiated criminal proceedings against two
municipal officials in Jurmala for offering a bribe in exchange for a
vote in a Jurmala city council meeting.
In June authorities indicted Vladimirs Vaskevics, the former head
of the criminal investigative service of the customs service, for
failure to comply with financial disclosure laws. This indictment
followed an extensive investigation.
In February 2009 the Riga Regional Court sentenced two former
district court judges, Irena Polikarpova and Beatrise Talere, to eight
years' imprisonment for bribery. Polikarpova and Talere appealed the
sentence to the Supreme Court. In October the Supreme Court sentenced
Polikarpova to a prison term of three years plus fines. In the
meantime, Talere died.
Under the country's law, public officials are required to file
income declarations annually, and irregularities within the
declarations are investigated. The state auditor's office reviews the
financial records--classified and unclassified--of all governmental
agencies on an annual basis and documents any irregularities. These
reports are forwarded to the prime minister.
There was a perceived lack of fairness and transparency in the
public procurement process. A number of foreign companies complained
that bidding requirements were sometimes written with the assistance of
potential contractors or couched in terms that exclude all but
``preferred'' contractors.
Allegations of corruption and bribery within law enforcement
agencies continued to hurt the public's perception of police
effectiveness. The Internal Security Office of the State Police was
responsible for investigating and disciplining State Police officers
who committed crimes or abuses of power, including corruption. Citizens
could also report police corruption to the KNAB. In August the KNAB
began criminal proceedings against two State Police inspectors accused
of demanding a bribe from a suspect in exchange for not reporting a
robbery.
A regulation of the Cabinet of Ministers provides for public access
to government information, and the Government generally provided
citizens such access in practice. There were no reports that
noncitizens or the foreign media were denied access.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
met with domestic NGO monitors and responded to their inquiries.
Government officials often were cooperative and responsive to their
views.
The ombudsman's office has the responsibility to monitor the
Government's performance on human rights issues. The office generally
enjoyed the Government's cooperation and operated independent of
government or party interference. However, at a time of across-the-
board budgetary cuts for governmental agencies, the ombudsman's office
complained that it did not have sufficient resources to accomplish its
mandate. Under its charter the office's primary function is to
investigate complaints and make specific recommendations, but its
authority is strictly advisory. Some human rights groups voiced concern
that the ombudsman's office was reactive rather than proactive and
called for the office to advocate more aggressively with respect to
certain human rights problems. The office complied with a statutory
requirement to publish an annual public report detailing its activities
and recommendations. These included monitoring conditions and making
recommendations regarding detention facilities and prisons, as well as
collecting, investigating, and answering complaints related to a broad
spectrum of human rights: civil rights, children's rights, and rights
pertaining to property, social welfare, education, and healthcare. The
Justice Ministry acknowledged many of the shortcomings referenced by
the ombudsman's office--especially those pertaining to prison
conditions--and claimed to be addressing them as resources permit.
Notwithstanding calls for greater activism from certain human rights
groups, the ombudsman's offices generally maintained public trust.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status; and the Government generally enforced these
prohibitions effectively.

Women.--The law specifically criminalizes rape but does not
recognize spousal rape as a distinct crime. Criminal penalties vary
depending on the nature of the crime, the age of the victim, the
criminal history of the offender, and the dependency of the victim on
the offender. Such penalties range from probation to life imprisonment.
During the first nine months of the year, there were 10 convictions on
rape charges, compared with 39 convictions in 2009 and 44 in 2008.
Several local NGOs complained that rape laws were ineffective or were
inadequately enforced by authorities. NGOs continued to report that
rapes were underreported due to a tendency of police to blame victims.
In October the parliament adopted amendments to the Criminal Law
adding domestic violence to the list of aggravating factors in criminal
offenses connected with violence. Until these amendments there was no
definition of domestic violence, and in practice domestic violence was
understood very narrowly.
NGOs and police agreed that domestic violence was a significant
problem; however, the law was not effectively enforced. Victims were
often uninformed about their rights and were reluctant to seek redress
through the justice system. Human rights groups asserted that the legal
system, including the courts, did not always take domestic violence
cases seriously. Police stated they could only make arrests if either
the victim or a witness agreed to file charges or if police caught
someone in the act of committing the abuse. The women's advocacy NGO
Marta Center noted that no system was in place whereby women could
receive legal protection as soon as they arrived at a hospital for
treatment after violence. Most abused women first went to the hospitals
and only then turned to the police.
During the year the Marta Center received 362 complaints of
domestic violence, compared with 249 in 2009. Marta Center provided
legal assistance in 208 of those cases.
There were no shelters designed specifically for battered or abused
women. Women who experienced violence could seek help in family crisis
centers; however, these centers had limited capacity and gave priority
to women with children. There were no dedicated rape or assault
hotlines; however, NGOs managed four general crisis hotlines. The Marta
Center operated Web sites that provided information and legal
assistance for female victims of violence.
Riga continued to be a destination for adult sex tourism.
Sexual harassment is illegal; however, there was no record of
complaints, due in part to procedures required to register incidents.
The ombudsman's office, located in the capital, Riga, was the only
designated location to file complaints. In addition, cultural factors
tended to discourage women from filing sexual harassment complaints.
Sexual harassment of women in the workplace reportedly was common.
However, in the absence of complaints, the Government was not able to
enforce the law. As of December the ombudsman's office had received no
complaints regarding sexual harassment.
The Government recognized the basic right of couples and
individuals to decide freely and responsibly the number, spacing, and
timing of their children and to have the information and means to do so
free from discrimination, coercion, and violence. Health clinics and
local health NGOs operated freely in disseminating information on
family planning under the guidance of the Ministry of Health. There
were no restrictions on the right to access contraceptives; however,
according to the UN Population Fund (UNFPA) for 2008, only 68 percent
of the population used any kind of contraception, while 56 percent used
modern methods, including male and female sterilization, intrauterine
devices, the pill, injectables, hormonal implants, condoms, and female
barrier methods. According to UNFPA data for 2008, there were
approximately 20 maternal deaths per 100,000 live births in the
country. The Government provided free childbirth services.
According to statistics compiled by the World Health Organization
in 2005, men and women received equal access to diagnosis and treatment
for sexually transmitted infections, including HIV, but local health
NGOs and clinics reported that women were more likely than men to seek
treatment and to refer their partners for treatment.
Women enjoy the same rights as men, including rights under family
law, property law, and in the judicial system. The law prohibits
employment discrimination; however, in practice women frequently faced
hiring and pay discrimination, particularly in the private sector. The
Marta Center noted that there had been cases of discrimination based on
gender when applying for work.
The law prohibits work and wage discrimination based on gender and
requires employers to set equal pay for equal work; however, government
regulatory agencies did not implement the law fully. According to the
country's Central Statistics Bureau, in the first quarter of the year,
the average female worker earned 18.5 percent less than a male worker.

Children.--Citizenship is derived from one's parents. Children of
``noncitizen'' parents born in the country are registered immediately
and are eligible to apply for citizenship. There were no reports of
systematic or widespread failure to register births immediately.
An NGO working with abused children, the Dardedze Center Against
Violence, stated that the number of reported instances of child abuse,
including sexual abuse, increased in the past several years. The center
attributed this increase largely to better reporting due to increased
awareness of the problem. Laws against child abuse were enforced
effectively, although the center observed that coordination among
agencies involved in the protection of children's rights was weak.
Children from families that were unable to care for them had access to
government-funded boarding schools that provided adequate living
conditions; however, these schools had lower educational standards than
regular state schools.
Statutory rape and child pornography are illegal. The minimum age
for consensual sex is 16 years. Statutory rape is punishable by four
years' imprisonment, or six years if the victims are particularly
young. The State Police can initiate proceedings against a sexual
abuser without an application from a victim who is a minor. Purchase,
display, reproduction, or distribution of child pornography is
punishable by up to three years in prison. Involving a minor in the
production of pornography is punishable by up to 12 years in prison,
depending on the age of the child.
A special police unit in Riga worked to prevent sexual abuse of
minors and eradicate child sex tourism through aggressive prosecution
of pedophiles and other child abusers. The unit also publicized the
potential dangers posed to minors by Internet chat rooms and worked
closely with local social networking sites to identify potential
Internet predator cases.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--The Jewish community numbers approximately 10,000
and is largely secular and Russian-speaking. There were reports of
anti-Semitic vandalism during the year, but no reports of anti-Semitic
attacks. Anti-Semitic sentiments persisted in some segments of society,
manifested in hostile comments on the Internet.
On March 16, according to press reports, authorities in Riga
detained one person who was displaying an anti-Semitic sign at an
annual event in remembrance of Latvian soldiers who died fighting in
German Waffen SS units during World War II (see section 2.b.). The
person was later released without formal charges.
On December 7, 89 headstones in the New Jewish Cemetery of Riga
were vandalized by painting with swastikas and anti-Semitic slogans in
the Russian language. Government officials, including the president,
prime minister, foreign minister, and the mayor of Riga, quickly and
forcefully criticized the acts. The police launched an investigation
and said they would charge the perpetrators with grave desecration and
inciting ethnic hatred, crimes carrying up to 10-year prison terms. At
the end of the year, police continued to investigate the case but had
made no arrests. The city of Riga rapidly repaired the damage with city
funds, and the mayor stepped up police presence and patrols in relevant
areas to prevent further incidents.
On December 13, marks of white paint were found on a monument to
Zanis Lipke, a Latvian who rescued Jews during the Holocaust. Riga city
authorities removed the paint on the day it was discovered, and police
opened a criminal investigation. The president and foreign minister
quickly and strongly condemned the act.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

National/Racial/Ethnic Minorities.--According to government
statistics for the year, Russians comprised 28 percent of the
population, Belarusians 4 percent, Ukrainians 3 percent, Poles 2
percent, Lithuanians 1 percent, Jews 0.4 percent, and Roma 0.4 percent.
No attacks against minorities were reported. However, NGOs
representing minority groups claimed that official statistics
underreported the actual number of incidents, including physical
assaults.
In the first eight months of the year, the Security Police reviewed
18 applications/complaints connected to possible incitement of ethnic
or racial hatred. Of these, in five cases a criminal procedure was
initiated for incitement of ethnic hatred. These complaints involved
hate speech on the Internet. One of the five cases was dismissed due to
lack of evidence, and in the remaining four cases, investigations
continued at the end of the year. As of July the ombudsman's office
received two written complaints of racial or ethnic discrimination,
compared with 85 in 2009.
In August, Valdis Rosans, a self-proclaimed National Socialist, was
charged with using hate speech online and was given a two-year
suspended sentence. Rosans had published remarks that were demeaning to
Jews, gays, and other minorities.
There were no developments, and none were expected, in the February
2009 attack on two Armenians in Riga by unknown persons with apparent
racial intent. Police classified the incident as ``hooliganism'' rather
than a racially motivated attack.
The Romani community has historically faced widespread societal
discrimination and high levels of unemployment and illiteracy. As a
result of emigration, the Romani population in the country fell from
approximately 20,000 in the mid-1990s to approximately 8,000 persons.
The Government had a national action plan to address problems affecting
the Romani community with respect to employment, education, and human
rights; however, observers criticized the plan for lacking adequate
funding to improve conditions for Roma substantially.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--No gay pride parades or
marches were held in the country during the year, although a Baltic
regional pride march took place in Vilnius, Lithuania, in March.
Latvian lesbian, gay, bisexual, and transgender (LGBT) activists
reported they received good cooperation from Latvian police who
traveled to Vilnius to assist Lithuanian police in providing
appropriate security for the march. LGBT representatives stated the
attitude of the country's police toward their organizations has
improved in recent years.
There were no official reports of societal violence based on sexual
orientation or gender identity; however, leaders of LGBT organizations
complained of widespread intolerance and underreporting of physical
attacks. As of July the ombudsman's office had received one report of
discrimination based on sexual orientation.
LGBT representatives also reported that the ombudsman expressed
reluctance to assist the LGBT community in securing its rights,
particularly LGBT persons' right of assembly.
LGBT groups complained about the use of anti-LGBT rhetoric and
images in the campaign of the For a Good Latvia party during the
national parliamentary election campaign during the year.

Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law entitles all workers, except
for uniformed members of the military, to form and join independent
unions of their choice without previous authorization or excessive
requirements, and workers exercised this right in practice. This law
was implemented fairly and effectively. Throughout the year union
membership remained constant at approximately 15 percent of the
workforce.
The law allows unions to conduct their activities without
interference, and the Government protected this right in practice. The
law recognizes the right to strike, subject to limitations related to
public safety. However, the law prohibits ``sympathy'' or
``solidarity'' strikes by workers who are not directly involved in the
specific work agreement between strikers and their employers. While
most workers were free to exercise the right to strike within these
parameters, labor regulations prohibit strikes by essential personnel,
including judges, prosecutors, police, fire fighters, border guards,
employees of state security institutions, prison guards, and military
personnel. The law provides arbitration mechanisms that essential
personnel may use in lieu of striking.

b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining, and workers exercised this right in
practice. Approximately 18 percent of workers were covered by
collective bargaining agreements.
The law also prohibits antiunion discrimination and employer
interference in union functions, and the Government effectively
protected this right throughout the year.
There are four export processing zones; regular labor laws applied
in all of them.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children. Also, please see the
Department of State's annual Trafficking in Persons Report at
www.state.gov/g/tip

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law and policies protect children from exploitation in the workplace,
including policies regarding acceptable working conditions, and the
Government generally implemented these laws and policies in practice.
The law restricts employment of those under the age of 18 years by
prohibiting nighttime or overtime work. The statutory minimum age for
employment is 15 years, although children who are 13 years old or older
may work in certain jobs outside school hours with written permission
from a parent.
Inspectors from the Ministry of Welfare's State Labor Inspectorate
are responsible for enforcing the child labor laws, and they did so
effectively.

e. Acceptable Conditions of Work.--The legally mandated monthly
minimum wage of 180 lats ($336.60) did not provide a decent standard of
living for a worker and his or her family. By comparison, the Latvian
Central Statistical Bureau's ``Minimum Consumer Basket'' price index
for November was approximately 170 lats ($317.90). In 2009 the average
monthly wage was approximately 461 lats (approximately $862). The State
Revenue Service is responsible for enforcing minimum wage regulations
and did so effectively.
The law provides for a mandatory 40-hour maximum workweek with at
least one 42-hour rest period weekly. The maximum permitted overtime is
144 hours in a four-month period. Employees are also not allowed to
work more than 24 hours consecutively, 56 hours in a week, or overtime
on more than six consecutive days. The law requires premium pay in
compensation for overtime, unless other forms of compensation are
agreed to in a contract. These standards were generally respected for
both citizens and noncitizen workers.
The law establishes minimum occupational health and safety
standards for the workplace, which were effectively enforced. Workers
have the legal right to remove themselves from situations that endanger
health or safety without endangering their continued employment;
however, authorities did not enforce this right.

__________

LIECHTENSTEIN

The Principality of Liechtenstein, with a population of
approximately 36,000, is a multiparty constitutional monarchy with a
parliamentary government. The unicameral Landtag (parliament)
nominates, and the monarch appoints, the members of the Government. A
two-party coalition government was formed following free and fair
parliamentary elections in February 2009. Security forces reported to
civilian authorities.
There were isolated reports of societal discrimination against
minorities, violence against women, including spousal abuse, and child
abuse.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices, and
there were no reported incidents.

Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards. In 2009 there
were 149 persons serving time in prison or detention for a total of
2,554 days. Nine of these were women, one was under 18 years old, and
106 were detained due to a violation of the provisions of the law on
foreigners, representing an increase of more than 300 percent from the
previous year. The reason for this increase was the massive immigration
of asylum seekers from Somalia and Eritrea who had illegally travelled
to the country via Switzerland and were being detained prior to their
deportation. Twenty-three persons were in prison for offenses under the
criminal code, a decline of 36 percent, compared with 2008. Due to the
1982 bilateral treaty between Liechtenstein and Austria whereby
prisoners with sentences of longer than two years' imprisonment were to
be accommodated in Austria, 13 individuals from the country were
incarcerated in Austria. The country's only prison had a total capacity
of 20 beds. The maximum capacity was not reached during the year. The
Government permitted visits by independent human rights observers.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. According to law, they could submit
complaints to the prince, the Government, parliament, and judicial
authorities without censorship and request investigations of credible
allegations of inhumane conditions. No such allegations were submitted
during the year.
In March four former asylum seekers filed a complaint with
government officials after being detained by police while trying to
return to the country following their deportation to Switzerland. The
prosecutor's office ruled in favor of one of the asylum seekers and
ordered the individual's release, while the other three remained in
custody until their scheduled deportation. The Government opened a
liability action against the arresting officers, charging them with
falsely arresting the released asylum seeker.
There is no ombudsman who can serve on behalf of prisoners and
detainees, but the Government has an independent body, the Corrections
Commission, to monitor prison conditions. The Corrections Commission,
which also serves as the designated national preventive mechanism under
the Optional Protocol to the UN Convention against Torture, organized
at least one unannounced visit to the country's prison each quarter.
During these visits, the commission collected documentation and spoke
to prisoners without prison officials being present. Following four
visits in 2009, the commission on April 26 published a report with
recommendations for the Government.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the regular and auxiliary police, and
the Government has effective mechanisms to investigate and punish abuse
and corruption. There were no reports of impunity involving the
security forces during the year.

Arrest Procedures and Treatment While in Detention.--Police arrest
a suspect based on an arrest warrant issued by the national court.
Within 48 hours of arrest, police must bring suspects before an
examining magistrate who must either file formal charges or order
release; authorities respected this right in practice. Release on
personal recognizance or bail is permitted unless the examining
magistrate has reason to believe that the suspect is a danger to
society or would not appear for trial. The law grants suspects the
right to legal counsel of their own choosing during pretrial detention,
and counsel was provided at government expense to indigent persons.
According to the criminal procedure code, every detainee must be
informed at the time of detention or immediately thereafter of the
reasons for the detention. The detainee also must be advised of his
right to contact legal counsel and a relative. During investigative
detention, visits may be monitored to prevent tampering with evidence.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
judicial independence in practice.

Trial Procedures.--The constitution and law provide for the right
to a fair trial, and an independent judiciary generally enforced this
right. Defendants are presumed innocent. A single judge hears trials
involving minor offenses. A panel of judges hears more serious or
complex cases, and the most serious cases, including murder, are heard
by a public jury. The law grants defendants the right during trial to
legal counsel of their own choosing; counsel is provided at government
expense for indigent persons. Defendants may challenge witnesses or
evidence and present witnesses or evidence on their own behalf. They
have access to government-held evidence relevant to their cases. Those
convicted have the right to appeal, ultimately to the Supreme Court.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights in practice. However, the law prohibits public
insult directed against a race, people, or ethnic group, with a
possible prison sentence of up to two years. During the year no such
charges were filed. An independent press, an effective judiciary, and a
functioning democratic political system combined to ensure freedom of
speech and of the press.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
Government generally respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

Protection of Refugees.--The laws provide for the granting of
asylum or refugee status, and the Government has a system for providing
protection to refugees.
According to the law, persons entering the country from another
safe country are not eligible for asylum. In practice, the Government
provided protection against the expulsion or return of refugees to
countries where their lives or freedom would be threatened on account
of their race, religion, nationality, membership in a particular social
group, or political opinion. There were 88 asylum applications from
January to September, none of which was successful. The Government did
not grant any residency permits to asylum seekers, who were housed
temporarily in the country's asylum center.
A May 25 UN Committee against Torture (CAT) report noted that the
time limit of 24 hours within which asylum seekers ``under preventive
expulsion'' were allowed to request a hearing before the Administrative
Court in appeals cases was too short to ensure access to the asylum
procedure in Switzerland or Austria in view of those countries'
readmission agreements with Liechtenstein. The CAT recommended that the
country increase the time limit. An April 12 report by the UNHCR
mentioned the same concerns.
The Government has a system for providing temporary protection to
individuals who may not qualify as refugees. There were no reported
cases during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.
As a hereditary monarchy, the country's line of succession is
restricted to male descendents of the Liechtenstein dynasty. Prince
Hans Adam II is the head of state. In 2004 hereditary Prince Alois
assumed the duties of head of state, exercising the rights of office on
behalf of the reigning prince. All legislation enacted by the
parliament must have the concurrence of the monarch and the prime
minister.

Elections and Political Participation.--In February 2009 the
country held parliamentary elections that were considered free and
fair. Individuals and parties freely declared their candidacy and stood
for election.
There were six women in the 25-member parliament and two women in
the five-seat cabinet. There were no known members of minorities in the
Government.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government effectively implemented these laws. There were no
reports of government corruption during the year.
The law prohibits public officials from requesting or accepting
gifts or benefits in connection with their duties and places
restrictions on public officials engaging in private commercial
activities. The police and the prosecutor's office, respectively, are
responsible for investigating and prosecuting official corruption. The
police have an organizationally independent special investigative unit
for corruption cases. An interdepartmental working group chaired by the
Ministry of Foreign Affairs coordinated measures to prevent and combat
corruption.
Public officials are not subject to comprehensive financial
disclosure laws.
The law requires the Government to inform the public of its
activities, and government information was freely available to all
persons living in the country, including domestic and foreign media.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A few domestic and international human rights groups operated
without government restriction, investigating and publishing their
findings on human rights cases. Government officials were cooperative
and responsive to their views.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status. The law also prohibits public incitement to
violence or public agitation or insult directed against a race, people,
or ethnic group. The Government effectively enforced these
prohibitions.

Women.--Rape, including spousal rape, is a criminal offense, and
the Government effectively prosecuted those accused of such crimes.
Spousal rape has the same penalties as rape under other circumstances.
It is possible to reduce sentences if the victim decides to remain with
the abusive spouse.
The law prohibits all forms of domestic violence and provides for
restraining orders against violent family members. However, there were
reports of violence against women, including spousal abuse. According
to police records, there were 12 cases of domestic violence reported as
of late August.
During this same time frame, 14 women and 10 children received
counseling and refuge at Frauenhaus, a women's shelter. Government
centers provided single-stop financial, administrative, legal, and
psychological assistance to victims of domestic violence.
Stalking is a criminal offense. Sexual harassment is illegal and
punishable by up to six months in prison or a fine, and the Government
effectively enforced these prohibitions. Employers are required to take
reasonable measures to prevent sexual harassment; failure to do so may
result in compensation for victims up to 40,000 Swiss francs
(approximately $38,000). There were three recorded complaints of sexual
harassment during the year.
Couples and individuals have the right to decide freely and
responsibly the number, spacing, and timing of their children and to
have the information and means to do so free from discrimination,
coercion, and violence. Contraceptives and medical services are readily
available. There were no reports of barriers limiting access to
maternal health services. Women and men were equally diagnosed and
treated for sexually transmitted infections, including for HIV.
Women enjoy the same legal rights as men, including rights under
family law, property law, and in the judicial system. The Equal
Opportunity Office and the Commission on Equality between Women and Men
worked to eliminate all forms of gender discrimination. However,
societal discrimination continued to limit opportunities for women in
fields traditionally dominated by men. On average women earned 80
percent of men's earnings for equal work. The labor contract law and
the equal opportunity law contain provisions to combat gender
discrimination in the workplace.

Children.--Citizenship is derived from one's parents at birth.
Citizenship may be derived from a single parent. Every child born in
the country, who otherwise would be stateless, may acquire citizenship.
There were some reports of child abuse. The Commission for the
Coordination of Professionals in Cases of Sexual Offenses against
Children reported being contacted regarding five cases of suspected
sexual abuse as of September. Possession of child pornographic material
is a criminal offense. During the year there were three reported cases
of suspected sexual abuse; one case was dismissed, and two were pending
at the end of the year. According to the law, penalties for statutory
rape are between one and ten years' imprisonment. The law sets the
minimum age for consensual sex at 14 years.
The Government supported programs to protect the rights of children
and made financial contributions to three nongovernmental organizations
that monitored children's rights. The Office for Social Services
oversaw the implementation of government-supported programs for
children and youth.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--The small Jewish community does not have an
organizational structure. There were no reports of anti-Semitic acts
against persons or property.

Trafficking in Persons.--There were no confirmed cases of
trafficking to, from, or within the country.

Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, or mental
disabilities in employment, education, access to health care, or the
provision of other state services or other areas.
The Government effectively implemented laws and programs to ensure
that persons with disabilities have access to buildings, information,
and communications, and disabled persons readily had access. The law
mandates that all public kindergartens and schools as well as public
transportation systems must be accessible to persons with disabilities
by 2012. Recently constructed public buildings must become barrier-free
by 2027; older public buildings, by 2019.

National/Racial/Ethnic Minorities.--Police estimated violent right-
wing extremists, including skinheads, numbered no more than 30 to 40
persons. The Government continued to monitor right-wing groups.
Approximately 30 percent of the resident population in the country
consisted of foreigners, mostly Swiss and Austrian. Turks accounted for
2.2 percent of the population. Since 2009, there were reports that
right-wing extremists attacked foreigners on several occasions:
On February 26, an arson attack on a kebab bistro owned by a Turk
occurred the day before its opening. Police identified the perpetrator,
who was subsequently sentenced to two-and-a-half years in prison. The
same perpetrator from a right-wing group had thrown Molotov cocktails
at two apartment buildings, primarily inhabited by foreigners, in
November 2009.
In May 2009 a group of three skinheads threatened a Turkish bistro
owner and injured him with a large waste bin. The main offender was
convicted and assessed a fine of 1,000 Swiss francs ($937). The other
two were acquitted.
On April 12, in response to these attacks, the Government launched
a public awareness campaign against right-wing extremism and
established a working group against such extremism.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--A government-contracted study
published in 2007 found evidence of discrimination based on sexual
orientation. During the year, however, there were no formal complaints
issued by the country's gay community, nor were there any gay pride
marches. The Government was in the process of elaborating a registered
partnership law aimed at eliminating legal discrimination against same
sex couples; the process was not completed by the end of the year.
In October 2009 the Office of Equal Opportunity launched an
awareness campaign using posters to reduce discrimination and
stigmatization of homosexual activity. In early November 2009, unknown
people sprayed homophobic slogans on some posters of the awareness
campaign. Investigations were abandoned due to lack of evidence.

Other Societal Violence or Discrimination.--There were no reports
of discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law provides that all workers,
including foreigners, are free to form and join independent unions of
their choice and select their own union representatives, and workers
exercised these rights in practice. The law allows unions to conduct
their activities without government interference, and the Government
protected this right. There was only one trade union, which represented
approximately 3 percent of the workforce. There is no provision in the
constitution or labor laws explicitly banning the right to strike. The
2008 Civil Servants Law lifted the previous ban on strikes for civil
servants. No strikes occurred during the year.

b. The Right to Organize and Bargain Collectively.--The law
provides for the right of workers to organize and bargain collectively.
Collective bargaining agreements covered approximately 25 percent of
workers.
The law does not prohibit antiunion discrimination; however, there
were no reports of antiunion discrimination during the year.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and there were no
reported violations.

d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in
the workplace, and the Government effectively enforced these laws. The
law prohibits the employment of children younger than 16; exceptions
may be made for the limited employment of children who are 14 and older
and for those who leave school after completing nine years of
compulsory education. Children who are 14 and older may be employed in
light duties for not more than nine hours per week during the school
year and 15 hours per week at other times.
The law prohibits labor that subjects children to physical,
psychological, moral, or sexual abuse. There were no reported cases.
The Government devoted adequate resources and oversight to child
labor policies, and the Department for Worker Safety of the Office of
the National Economy effectively supervised compliance with the law.

e. Acceptable Conditions of Work.--There is no national minimum
wage. The Liechtenstein Workers Association negotiates minimum wages
annually with the Chamber of Commerce and the Chamber for Economic
Affairs. The average daily wage provided a decent standard of living
for a worker and family.
The law sets the maximum workweek at 45 hours for white-collar
workers and employees of industrial firms and sales personnel and 48
hours for other workers. The law provides for a daily mandatory one-
hour break and an 11-hour rest period for full-time workers; with few
exceptions, Sunday work is not allowed. Pay for overtime is required to
be at least 25 percent higher than the standard rate, and overtime is
generally restricted to two hours per day. The average workweek,
including overtime, may not exceed 48 hours over a period of four
months. Thousands of workers commuted from neighboring countries daily
and were covered by the same standards.
The law sets occupational health and safety standards, and the
Department for Worker Safety generally enforced these provisions
effectively. The law provides for the right of workers to remove
themselves from work situations that endanger their health or safety
without jeopardy to their continued employment, and workers exercised
this right in practice.

__________

LITHUANIA

The Republic of Lithuania, population approximately 3.2 million, is
a constitutional, multiparty, parliamentary democracy. Legislative
authority is vested in the unicameral Seimas (parliament). In May 2009
Dalia Grybauskaite was elected as the country's first female president.
Parliamentary elections in 2008 led to the formation of a center-right
coalition government. Both elections were free and fair. Security
forces reported to civilian authorities.
Conditions in prisons and detention centers were poor, and physical
mistreatment of prisoners and overcrowding were reported. Lengthy
detention of persons awaiting trial was a problem. Controversial
legislation took effect that restricted the public dissemination of a
broad range of materials deemed harmful to juveniles. There were
reports of corruption in the police and government. Domestic violence
and child abuse, intolerance of sexual and ethnic minorities, and
trafficking in women and children continued to be problems.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
During the year prosecutors forwarded eight cases involving alleged
war crimes or crimes against humanity during the periods of Soviet
occupation to the courts for trial and opened nine new investigations.
As of the end of December, the Prosecutor's Office was reviewing 58
cases relating to the periods of German or Soviet occupation.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits inhuman or degrading treatment
or punishment; however, there were reports that police physically
mistreated detainees.
During the year the Human Rights Ombudsman's Office received nine
complaints that officials used force and psychological pressure to
obtain evidence in an investigation. The Ombudsman's Office found eight
complaints to be groundless and terminated the remaining one because it
did not fall within the competence of the ombudsman.
In June 2009 the Council of Europe's Committee for the Prevention
of Torture (CPT) released a report on the 2008 visit of a CPT
delegation. The report noted that, while the majority of individuals
interviewed indicated they had been treated correctly, the delegation
received a number of allegations of recent mistreatment during
questioning by police officers, often apparently intended to produce
confessions. It noted that juveniles appeared to be particularly at
risk. The report described the mistreatment as mainly consisting of
``kicks, punches, slaps, and blows with truncheons or other hard
objects (such as wooden bats or chair legs).'' The delegation also
heard allegations of extensive beating and asphyxiation using a plastic
bag or gas mask. The delegation indicated that in some cases it was
able to provide evidence consistent with the allegations. During the
visit the delegation also received a number of allegations that
prosecutors and judges did not act on claims of mistreatment when these
were brought to their attention. Authorities responded that human-
rights training for police personnel was an ongoing policy.
During the year military police opened one case related to military
hazing, compared with six in 2009. The investigation was terminated due
to lack of evidence. According to the national courts administration,
no persons were convicted of hazing during the year.

Prison and Detention Center Conditions.--Prison and detention
center conditions did not meet international standards. The Government
permitted monitoring visits by independent human rights observers, and
such visits occurred during the year. Although government measures to
upgrade prisons brought them closer to international standards,
domestic human rights advocates reported that conditions remained poor
in some prisons.
According to Prison Department data, there were 9,139 prisoners at
year's end, including 421 women and 158 juveniles. In its June 2009
report, the CPT delegation noted that it received several allegations
by prisoners that staff of Lukiskes Prison mistreated them; the
mistreatment consisted of punches, baton blows, and blows with books.
In some cases the prison personnel inflicting the mistreatment were
said to have been drunk. The delegation also heard inmates' allegations
that personal at the Pravieniskes Corrections Home No. 3 and the Kaunas
Juvenile Remand Prison and Correction Home engaged in mistreatment (see
section 6, children).
Three correctional institutions remained overcrowded. For example,
on December 31, a correctional facility in Siauliai held 676 inmates,
despite a capacity of 435. The CPT report noted that renovated cells at
the Lukiskes Prison were overcrowded, sometimes to ``an outrageous
degree,'' with six prisoners in a cell measuring eight square meters
(approximately 86 square feet).
Authorities did not respond to a 2008 judgment of the European
Court on Human Rights (ECHR) that declared conditions at Lukiskes
Remand Prison and the Rasu Prison to be violations of the prohibition
of inhuman or degrading treatment as defined by European Convention on
Human Rights.
During the year the parliamentary ombudsman received 865 complaints
from prisoners, compared with 267 in 2009. Most complaints involved the
failure of administrators to give proper attention to prisoners'
grievances about such conditions as poor hygiene in prisons' visiting
rooms and other premises; the practice of turning off the electricity
during half of the day to save money; mistreatment by prison personnel;
restrictions on such prisoners' rights as access to information; and
inappropriate investigation of complaints. The ombudsman's
investigators found 330 of these complaints to be justified and 456 to
be groundless, while the remainder were judged to be outside the
ombudsman's purview. During the year the ombudsman received, and
dismissed as groundless, one allegation that working inmates received
less than they were supposed to be paid.
The CPT's 2009 report noted major shortcoming in conditions of
police detention centers visited in Jonava, Rokiskis, Kupiskis,
Siauliai, and Trakai. In some cases conditions in these facilities
could be considered inhuman and degrading. At Siauliai city police
headquarters, the delegation reported, the majority of cells were
filthy and in a poor state of repair, there was little or no access to
natural light, the available artificial lighting was dim, and
ventilation was poor. The delegation observed that authorities at
Siauliai city police headquarters held a juvenile detainee in a cell
with two adults for more than a week.
In their September 2009 response to the CPT's report, authorities
acknowledged that only 10 of the country's 39 police detention centers
were in good condition and that the others did not meet international
standards. During the year authorities closed seven detention centers
that were in dilapidated condition and allocated 50,000 litas ($19,000)
for renovation of detention centers in the Vilnius and Svencionys
regions. No information on any progress they made was available at
year's end.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. They were permitted to submit
complaints to judicial authorities without censorship and to request
investigation of credible allegations of inhuman conditions.
Authorities generally investigated such allegations and documented the
results in a publicly accessible manner.
On April 24, in compliance with a 2006 ECHR ruling, the parliament
amended the procedures for monitoring inmate correspondence to provide
more specific guidelines.
The Government permitted independent human rights observers and
researchers to visit prisons. However, on June 30, the prosecutor
denied a Human Rights Monitoring Institute representative's request for
a meeting with terrorist suspect Egle Kusaite. In his response to the
request, the prosecutor eliminated any possibility of meeting with the
suspect and indicated that requests to meet with her ``were regarded as
attempts to interfere with the prosecutors' professional activities and
are directly prohibited by law.'' Representatives of the Office of the
Parliamentary Ombudsman made six visits to prisons. Media
representatives also visited prisons. A CPT delegation visited Kaunas
Juvenile Remand Center and Correction Home on June 14-18. Neither the
International Committee of the Red Cross nor other international or
intergovernmental organizations visited the country's prisons during
the year. The ombudsman office served prisoners by investigating their
complaints and attempting to resolve them, usually through
recommendations to detention institutions. The Ombudsman's Office
reported that institutions were responsive to all of the ombudsman's
interventions.
During the year the Government allocated 7.0 million litas ($2.7
million) to the renovation of the prison in Vilnius and two other
facilities.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions; however, there were complaints of illegally prolonged
pretrial detention. Civilian authorities maintained effective control
over the State Security Department, the police, and the military
forces, and the Government has effective mechanisms to investigate and
punish abuse and corruption. There were no reports of impunity
involving the security forces during the year.

Arrest Procedures and Treatment While in Detention.--Warrants are
generally required for arrests and must be granted by judges upon the
presentation of reliable evidence of criminal activity. Police may
detain suspects for as long as 48 hours before charging them.
Detainees have the right to be informed of the charges against
them, and there were no complaints of failure to comply with this
requirement. Bail was available and was widely used. Detainees were
allowed prompt access to family members. The law provides the right to
an attorney from the moment of detention and, if the detainee is
indigent, to one provided at state expense; however, these rights were
not always respected in practice. The law entitles a detained person to
a prompt judicial determination of the legality of the detention, and
authorities respected this right in practice.
In its 2009 report, the CPT delegation noted that several detained
persons it interviewed claimed they had been informed of their right to
an attorney only when a ``protocol of apprehension'' was drawn up, i.e.
several hours after they were detained. The CPT also found that most of
the recipients of legal aid complained they had no contact with their
state-appointed lawyers before their first interrogation or, at times,
not until their first court hearing.
The pretrial judge may order a suspect's detention for up to three
months, but only in the case of persons suspected of a felony and only
to prevent flight or the commission of new crimes, allow an unhindered
investigation, or comply with extradition requests. In many cases
detention may be extended to 18 months (12 months for juveniles),
subject to appeal to a higher court. Such extensions were frequent. The
law provides for civil liability for damage caused by the unlawful
actions of investigating officials, prosecutors, judges, and courts. As
of December the average length of pretrial detention was seven months
and four days; approximately 10 percent of the incarcerated population
consisted of pretrial detainees.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government respected this provision in
practice.

Trial Procedures.--Defendants enjoy the presumption of innocence.
The law provides for public trials; juries are not used. While
defendants have the right to be present, the law permits trials in
absentia when a defendant is outside the country. The law establishes
the right to legal counsel for defendants from the time of their
arrest. It provides for free legal counsel for indigent persons. During
the year the human rights ombudsman received 12 complaints that
authorities failed to provide such counsel. Defendants have the right
to access government evidence, present evidence and witnesses, and
confront and question witnesses against them. Defendants have the right
to appeal. The law extends these rights to all citizens. Local human
rights experts criticized the practice of trying persons in absentia,
which, they contended, denied defendants the opportunity to cross-
examine witnesses or present evidence in their own defense.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Courts Decisions.--In the first nine months
of the year, in cases involving six defendants, the ECHR found the
Government to be in violation of the European Convention on Human
Rights for unlawful and excessively lengthy detention and unfair
proceedings. In 2009 the ECHR issued nine judgments that found at least
one violation of the convention.
On a number of occasions, the Government did not pay damages
awarded by the ECHR within the period stipulated in the court's final
judgments. As of year's end, the Government had not responded to a 2008
ECHR decision that found one violation involving inhuman or degrading
treatment of persons. The case concerned detention conditions at the
Lukiskes Remand Prison and in the Rasu Prison (see section 1.c.).

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. Plaintiffs may sue for legal
or injunctive relief based on human rights violations. Apart from
redress within the court system, victims of human rights abuses may
appeal to the parliamentary ombudsman for a determination regarding the
merits of their claims. Although the ombudsman may only make
recommendations to the offending institution, his findings are honored
in practice.

Property Restitution.--The law places significant restrictions on
claims for communal property, and as a result the Jewish community has
regained only a fraction of the communal property owned by the
country's prewar Jewish population of more than 200,000. Fewer than 30
properties have been returned to the Jewish community under the law,
which applies only to the restitution of religious properties.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits arbitrary interference in
an individual's personal correspondence or private and family life;
however, there were reports that the Government did not respect these
prohibitions in practice.
The law requires authorities to obtain a judge's authorization
before searching an individual's premises and prohibits the
indiscriminate monitoring of citizens' correspondence or
communications. However, domestic human rights groups alleged that the
Government did not properly enforce the law. During the year the State
Data Protection Inspectorate investigated 270 allegations of arbitrary
interference with privacy by government officials and companies,
compared with 201 in 2009. Most complaints involved individuals'
assertions that government agencies and companies were collecting or
using their personal data, such as personal identity numbers, without a
legal basis or justification. For example, companies allegedly released
e-mail information to other companies for marketing purposes or to
enable officials of professional databases to obtain personal
information on individuals. During the same period, the inspectorate
conducted 80 preventive, not complaint-driven, investigations of
enterprises and government agencies, compared with 165 such audits in
2009.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice.
Individuals could criticize the Government publicly or privately
without reprisal, and the Government did not attempt to impede
criticism. Independent media were active and expressed a wide variety
of views. Radio and television broadcasters included a mix of
independent and public stations. International media generally operated
without restriction.
During the year the Prosecutor's Office opened 168 investigations
of incitement to hatred (most of them over the Internet). In the same
period the Prosecutor's Office forwarded 24 cases to the courts for
trial, of which courts completed 14 and convicted six persons, imposing
fines of 260 to 3,250 litas ($100 to $1,248). Another 21 investigations
(including some from previous years) were terminated during the year
for lack of evidence. A number of investigations and court cases
(including some from previous years) were ongoing. Most of the
allegations of incitement to hatred involved homophobic (148
investigations out of 168), racist, or anti-Semitic expression.
In February four young men carried posters with swastikas during an
Independence Day parade in Klaipeda; they were subsequently charged
with violating laws against the display of Nazi-related symbols. The
defendants argued in court that the swastikas were not Nazi symbols but
representations of items found in the country prior to the rise of the
Hitler regime in Germany. On May 19, the court ruled that, since the
image of the swastika was the sign of the sun in ancient times, as
evidenced by archaeological artifacts and monuments, it was not
forbidden. The 2008 law prohibiting the distribution or display in
public gatherings of Soviet- or Nazi-related symbols led to a 2008
court ruling that fined a woman in Vilnius 500 litas ($192) for selling
souvenirs containing Soviet symbols. In March 2009 the parliament
amended the law to safeguard other salesmen from such fines in the
future. The amended law permits the ``collection and trade of antique
and flea market items,'' that contain Soviet and Nazi symbols, as well
as their use in museums and for purposes of education, science, and the
arts. There would no longer be punishment for persons using the
official symbols of an existing state or the wearing the uniforms worn
by participants in World War II.
In March legislation protecting minors took effect that prohibited
the dissemination of information promoting a broad range of activities.
In addition to prohibiting information that promotes bad eating and bad
hygiene, lack of physical exercise, and certain forms of hypnosis, the
law prohibits material that is erotic, promotes sexual intercourse,
arouses fear or horror, or encourages gambling or participation in the
games of chance, lotteries, and other games that imply that they are
easy to win. The law prohibits material ``detrimental'' to minors'
bodies or thought processes, information promoting the sexual abuse and
harassment of minors, or promoting sexual relations by minors or sexual
relations in general. The legislation specifically stated that the
prohibitions were to apply to motion pictures and Web sites. The
version of the law that came into effect in March had been amended from
an earlier version (passed but not implemented) that would have banned
all public information that agitates for homosexual, bisexual and
polygamous relations; the implemented legislation refers to sexual
intercourse in general. Authorities did not use the law to prevent the
Baltic Gay Pride March, which took place in May, nor were there any
reports of prosecutions under the new law.
It is illegal to disseminate information that is both untrue and
damaging to an individual's honor and dignity. Libel is punishable by a
fine or imprisonment of up to one year, or up to two years for libelous
material that is disseminated through the mass media. No cases were
reported during the year.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law and constitution provide for the right to assemble
peacefully, and the Government generally respected this right in
practice for most groups; however, in the past the Government denied
assembly permits to certain groups. There were no reports of such
denials during the year, but a group of professional unions was
reportedly denied a permit to assemble in the center of the capital for
a protest and offered alternative venues far from the city center. This
led the organizers to abandon their planned demonstration.
On May 8, a long-planned Baltic Pride parade by members of the
lesbian, gay, bisexual, and transgender community took place. A court
briefly prohibited the parade at the request of the Office of the
Prosecutor, which claimed that it might be impossible to maintain
order. However, police maintained that they were prepared to protect
the gay participants and a higher court overturned the prohibition just
one day before the parade was scheduled to begin (see section 6,
Discrimination and Acts of Violence Based on Sexual Orientation and
Gender Identity).
In March 2009 Vilnius officials refused to issue a permit to the
Human Rights Monitoring Institute (HRMI) and the Center for Equality
Advancement (CEA) to hold a rally and march in support of democracy,
human rights, and tolerance on March 11, the country's Independence
Day. However, municipal officials issued a certificate for a march,
scheduled the same day, organized by the Lithuanian National Center, a
group that espoused and demonstrated intolerance toward other racial,
ethnic, and religious groups; claimed that human rights and antifascism
were examples of extremism; and openly sympathized with neo-Nazi
groups. Local human rights organizations appealed to the Vilnius First
District Court, claiming that the denial of a rally permit to HRMI and
CEA was discriminatory. In September 2009 the court dismissed the
complaint on the grounds that the police would not have been able to
preserve public order if the two events had taken place on the same
day.

Freedom of Association.--The law provides for freedom of
association, and the Government generally respected this right in
practice; however, the Government continued to prohibit the Communist
Party and other organizations associated with the Soviet period.

c. Freedom of Religion.--For a description of religious freedom,
please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, asylum seekers,
returning refugees, stateless persons, and other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.

Protection of Refugees.--The laws provide for the granting of
asylum or refugee status, and the Government has established a system
for providing protection to refugees. The Government provided
protection against the expulsion or return of refugees to countries
where their lives or freedom would be threatened on account of their
race, religion, nationality, membership in a particular social group,
or political opinion.
Authorities did not permit asylum seekers coming from ``safe''
countries of transit to enter the country; they returned them to the
country of transit without reviewing the substantive merits of their
applications. According to the Migration Department, authorities did
not have a list of safe countries but defined such countries as ones in
which the person's life or liberty would not be threatened on account
of membership in one of the categories specified in the 1951 Convention
relating to the Status of Refugees and its 1967 Protocol and from which
the individual would not be sent to another country in contravention of
his rights under these agreements.
There were two additional forms of protection in addition to
asylum. ``Temporary protection'' may be granted to groups of persons in
the event of a mass influx of aliens, but an individual alien has no
right to apply for this protection. No grants of temporary protection
were issued during the year. The Government may also afford
``subsidiary protection'' to individuals who do not qualify as refugees
but who cannot return to their countries of origin because of fear of
torture or because inhuman treatment, violence or military conflict, or
systematic violations of human rights in that country would endanger
their basic rights or fundamental freedoms. In the first six months of
the year, the Government granted subsidiary protection to 71 persons.

Stateless Persons.--Citizenship can be acquired either by birth on
the country's territory or from one's parents.
According to UNHCR statistics, there were approximately 3,902
stateless persons in the country at the end of 2009, a decline from
5,900 at the beginning of the year. According to the director of the
Migration Department, virtually all stateless persons were persons who
had been in the country at the time of the dissolution of the Soviet
Union but did not take advantage of their right to qualify for
citizenship.
The law permits the naturalization of an individual who has lived
in the country for at least 10 years, has an unlimited residence
permit, passes an official language test and an examination on the
basic provisions of the constitution, takes an oath of allegiance, and
is able to defray his living costs.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.

Elections and Political Participation.--Presidential elections held
in May 2009 were considered free and fair, as were parliamentary
elections held in 2008. The 2009 elections resulted in the election of
Dalia Grybauskaite, former European budget commissioner and former
minister of finance, as the country's first female president.
The Government continued to ban the Communist Party; other
political parties could operate without restriction or outside
interference.
On June 30, the parliament enacted a law allowing citizens to run
for municipal councils without being on party lists. The law was
necessitated by a 2007 Constitutional Court ruling that a provision of
municipal election law denying individuals the right to seek election
in municipal elections was unconstitutional.
At year's end the president of the republic was a woman. There were
26 women in the 141-seat parliament and two in the 15-member cabinet of
ministers. The speaker of the parliament was a woman. Women accounted
for 5 percent of mayors, 21 percent of municipal council members, and 5
percent of local administration directors.
Three persons belonging to ethnic minorities served in parliament,
but there were none in the cabinet of ministers.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government often did not implement the law effectively,
and corruption was a problem. Although courts convicted and punished
some officials for corruption, the penalties were usually light, and
many investigations did not result in conviction. The World Bank's
worldwide governance indicators reflected that corruption was a
problem. Corruption in the police force remained a problem.
During the year a number of active and former government officials
were under investigation, facing trial, or convicted and sentenced for
corruption. On February 5, former vice minister for health Arturas
Skikas was sentenced to two years probation. In May the courts began to
examine the results of a Special Investigation Service investigation of
the mayor, deputy mayor, and head of administration of the Trakai
municipality who were suspected of receiving bribes of 200,000 litas
($76,800) in connection with the development of a shopping and
entertainment center. The officials were dismissed from their posts
pending the outcome of the investigation. The case reached court in May
and was pending at year's end.
An investigation continued of former parliamentary speaker Viktoras
Muntianas, who resigned his post in 2008 amid allegations that he
bribed a deputy governor of Kaunas County to obtain assistance with a
relative's business.
The law provides for public access to government information, and
government institutions generally provided access in practice. During
the year the parliamentary ombudsman received 78 complaints of delays
by government offices in providing information and found 50 of them to
be valid. The ombudsman recommended disciplinary action against the
officials involved. Although the ombudsman's recommendations were not
binding, the Ombudsman's Office reported that the Government offices
concerned took disciplinary action in all of the cases forwarded to
them by the ombudsman.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
The Office of the Equal Opportunities Ombudsman is an independent
public institution with responsibility for implementing and enforcing
rights under the Law of Equal Treatment and for investigating
individual complaints. A Children's Rights Ombudsman Institution
oversees observance of children's rights and their legal interests and
may initiate investigations of a possible violation of children's
rights upon receipt of a complaint or on its own initiative. A
parliamentary ombudsman investigates complaints about abuse of office
or other violations of human rights and freedoms in the sphere of
public administration. The ombudsmen institutions received government
funding but maintained they could be more adequately funded (the
Government has cut funding across the board due to a prolonged economic
crisis). The ombudsman for children's rights resigned in April after
receiving criticism for ineffective work related to a widely discussed
and unsolved case of suspected pedophilia.
The human rights committee of the parliament prepares and reviews
draft laws and other legal acts related to civil rights and presents
recommendations to state institutions and other organizations about
problems related to the protection of civil rights. It also has
oversight over the Office of the Parliamentary Ombudsman.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits and penalizes discrimination based on race,
gender, social status, ethnic background, age, sexual orientation,
disability, and religion or beliefs. Despite government programs and
efforts at enforcement, discrimination against women and ethnic and
sexual minorities persisted.

Women.--The law criminalizes rape, including spousal rape.
Convicted rapists generally received three- to-five-year prison
sentences. During the year, 208 rapes were reported, compared with 144
in 2009. Societal violence against women, particularly alcohol-related
domestic violence, remained a serious problem. There is no law
specifically prohibiting domestic violence or violence against women;
however, authorities prosecuted domestic violence under general assault
laws. To initiate an investigation into cases of domestic abuse, the
victim must file a complaint. Surveys showed that 56 percent of
divorced women and 15 percent of married women had suffered domestic
violence. During the year, according to the Ministry of Interior, 88
women reported abuse by their spouses and 35 by their children. Also
during the year, police registered 992 violent acts against women and
initiated 1,484 pretrial investigations. Fines were imposed on 1,473
persons.
Municipal governments and NGOs funded and operated 39 shelters that
provided assistance to victims of domestic violence. The Government
fully funds two shelters. One of them, the Shelter for Children and
Mothers in Vilnius, provided assistance to more than 90 victims of
domestic violence, forced prostitution, and human trafficking during
the year.
The law prohibits sexual harassment; however, according to the
Ombudsman's Office, approximately 20 percent of women had experienced
sexual harassment. Women remained reluctant to approach police or other
institutions in such cases. During the year the equal opportunities
ombudsman received two complaints of sexual harassment.
The Government recognized the basic right of couples and
individuals to decide freely and responsibly the number, spacing, and
timing of their children. Health clinics and local NGOs are permitted
to operate freely in disseminating information on family planning under
the guidance of the Ministry of Public Health. There were no
restrictions on access to contraceptives. According to United Nations
data and the Kaunas Institute of Medicine, 47 percent of women used
contraceptive measures. The Government provided free childbirth
services. Women have access to regular prenatal care, essential
obstetric care, and postpartum care. A joint study published during the
year by the World Health Organization, the UN Population Fund, the UN
Children's Fund (UNICEF), and the World Bank estimated the maternal
mortality rate at 13 deaths per 1,000 live births in 2008, and the
lifetime risk of maternal death (the risk that a woman aged 15 will die
from maternal causes) was one in 5,800. Men and women received equal
access to diagnosis and treatment for sexually transmitted infections,
including HIV.
Men and women have the same legal rights in the judicial system,
including in family and property law. Women nevertheless continued to
face discrimination. Government policy requires equal pay for equal
work; however, women often earned less than their male counterparts. In
2009 women earned an average of 83 percent of what men earned in
comparable jobs; the figure was 81 percent in the public sector. Women
were significantly underrepresented at the managerial level. The Office
of the Equal Opportunities Ombudsman is the Governmental institution
that promotes the legal rights of women and men.

Children.--Citizenship can be acquired either by birth in the
country or from one's parents. The Government registers all births
immediately. Child abuse, particularly in connection with parental
alcohol abuse, continued to be a problem. According to the Department
of Statistics, in 2009 approximately 24,200 children lived in 11,100
abusive or dysfunctional families. Media sources reported that
incidents of cruelty to children, including sexual abuse, intentional
starvation, and beatings, were common. According to the Ministry of
Interior, six deaths from child abuse were reported during the year.
The children's rights ombudsman reported 344 complaints during the
year, compared with 407 in 2009 and 382 in 2008; his office initiated
84 investigations of alleged abuse during the year, compared with 297
in 2009.
The penalty for violence or cruelty toward minors is one to two
years in prison. Authorities may also remove abused children from their
families and place them in foster care. Despite efforts to combat child
abuse and aid abused children, the ombudsman reported that insufficient
assistance was provided. During the year the Child Line (a hotline for
children and youth) received 95,715 calls and responded to 1,400
letters from children concerning problems ranging from relations with
their parents and friends to violence in their families and sexual
abuse.
On July 2, the parliament amended the criminal code to tighten
penalties for child molestation and to raise the age of consent for
consensual intercourse to 16. The amended code increased maximum prison
terms for persons convicted of child molestation from two to five
years.
The law provides for up to 13 years in prison for sexual abuse of a
child; however, sexual abuse of children remained a problem. In the
first eight months of the year, the Interior Ministry registered 12
cases of child sexual abuse (excluding child rape), compared with 48
cases throughout 2009. The Government operated a children's
rehabilitation center to provide special care for sexually abused
children.
Laws against child pornography were enforced. Anyone involving a
child in pornographic events or using a child in the production of
pornographic material can be imprisoned for up to five years. During
the year, the children's rights ombudsman received nine complaints of,
and initiated nine investigations into, the sexual exploitation of
children. No data were available about convictions during the year.
According to the ombudsman for children's rights, there were
reports of 202 children living on the streets in 2008; 27 children were
found begging in public areas. Street children were widely scattered
among the country's cities. Most were runaways or from dysfunctional
families. There were a number of free, government-sponsored programs to
assist them. Sixty children's rights protection agencies administered
by regional governments, other institutions, and numerous NGOs,
routinely assisted vulnerable children.
There were 105 orphanages and 32 foster homes. Orphanages still
housed the vast majority of orphans and other children in need of care.
During the year, the children's rights ombudsman initiated 15
investigations of possible violations of children's rights in
orphanages and one in a foster home.
In 2008 the CPT visited the Kaunas Juvenile Remand Center and
Correction Home. In its report on the visit, the CPT noted that as long
ago as 2004, it had described conditions for juveniles in the remand
prisoners area, including unsanitary and dilapidated physical
conditions and the absence of any program of activities, as being
``totally unacceptable'' and urgently recommended that authorities take
remedial actions. However, despite government assurances that such
steps were being taken, the CPT found during its 2008 visit that
conditions under which juveniles were being held at Kaunas, ``in some
cases for lengthy periods,'' remained unacceptable. In its 2009
response to the report, the Government indicated that improvements in
the Kaunas facility continued, detainees were taught in classes, and
seven additional social workers had been hired. Funds were allocated
and a construction schedule agreed upon for further physical
improvements. In June the CPT made a follow-up visit to the Kaunas
Juvenile Remand Center and Correction Home; a report on its
observations had not been released as of year's end.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--The Jewish community consists of approximately
4,000 persons. No violent anti-Semitic attacks against individuals were
reported during the year; however, anti-Semitism was widely manifested
on Lithuanian-origin Internet sites and foreign sites in the Lithuanian
language. The number of reports of vandalism of Jewish and other
cemeteries, anti-Semitic activities, and other manifestations of
intolerance declined during the year. However, anti-Semitic and racial
comments on the Internet remained widespread.
In January, according to the Anti-Defamation League, a statue of
Dr. Tsemakh Shabad, a leading Jewish political figure of the early 20th
century, was defaced with paint. On June 22, the Avenue of Rescuers, a
path leading to a Holocaust memorial, was vandalized in Kausenai.
Plaques were smashed, torn off their stands, covered in mud, and
scattered about; the stands were broken and pulled out of the ground.
On August 23, a pig's head, adorned with a black hat and makeshift
hasidic style earlocks, was placed at the entrance to a synagogue
during the service in Kaunas city. An investigation was initiated, and
a government statement described Prime Minister Andrius Kubilius as
welcoming the investigation of ``the anti-Semitic provocation'' in
Kaunas and hoping it would lead to the punishment of the perpetrators.
On September 3, a sign on the Jewish community's building in Panevezys
town was vandalized and covered in black paint. There were no reports
that authorities had apprehended suspects in connection with these
incidents.
There were no reports that suspects had been apprehended in the
August 2009 vandalism of a Jewish cemetery in the Klaipeda region or in
the 2008 vandalizing of a Holocaust memorial near the village of
Pluskiai in the Kelme Region.
In November a number of foreign ambassadors sent a letter to senior
government officials formally expressing their dissatisfaction over
what they described as manifestations of anti-Semitism. The letter
followed the publication in the weekly magazine Veidas of an article on
the Nuremburg trials by a historian, Petras Stankeras, who was also an
employee of the Ministry of Internal Affairs. The author described the
Holocaust as a legend without documentary substantiation of the killing
of six million Jews during the Holocaust. The ambassadors stated the
article amounted to Holocaust denial. Following criticism from the
minister of internal affairs, on November 25, Stankeras resigned.
Subsequently, the Prosecutor's office opened an investigation into
possible violation of the country's legislation that prohibits
deprecation of the Holocaust.
In August local and foreign governments, together with descendents
of Holocaust survivors, erected a new memorial and restored a site in
Uzventis where massacres were committed in World War II. The city's
university has begun efforts to raise awareness and recognition of
Lithuanian-Jewish history and to improve education about the Holocaust.
On October 20, the Vilnius city government announced that it had
begun restoration of the historic Snipiskes Jewish cemetery site in
central Vilnius, a source of concern since new construction began on
and near the site in 2005. On October 25, under rabbinical supervision,
two parking lots on the site were closed and covered with dirt to allow
grass seed to be planted in the spring. In May 2009 the Government
unilaterally provided protection for nearly the entire cemetery site,
and in August 2009 it agreed with the Jewish communities and the
developer to preserve and protect it.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The Law on Equal Treatment prohibits
discrimination against persons with disabilities, although it does not
specify what kind of disabilities. During the year, the equal
opportunities ombudsman investigated 22 cases of alleged discrimination
based on disability. The law mandates accessibility of buildings for
persons with disabilities; however, according to 2009 data from the
Department of Statistics, 38.2 percent of housing was inaccessible.
Individuals involuntarily declared incapacitated have no right to
appeal the decision in court.
The mental health system was widely regarded as inadequate. In 2007
the Government approved a National Strategy for Mental Health; however
this area remained among the least reformed areas in the health sector.
The Ministry of Social Security and Labor and the Council for the
Affairs of the Disabled are the two primary governmental organizations
responsible for developing equal opportunities in the labor market and
improving government effectiveness in meeting the needs of and
augmenting the social security net for persons with disabilities. The
Ministry of Health is responsible for making health services equally
accessible to all inhabitants of the country.

National/Racial/Ethnic Minorities.--The law prohibits
discrimination against ethnic or national minorities; however,
intolerance and societal discrimination persisted. Minority ethnic
groups, including Russians, Poles, Belarusians, Ukrainians, Tatars, and
Karaites, constituted approximately 16.5 percent of the population.
During the year the Prosecutor's Office initiated 20 investigations
of alleged discrimination or incitement to racial or ethnic hatred
(most of the instances investigated involved the Internet), compared
with 39 during 2009 and 84 in 2008.
There were no reports of racially motivated violence during the
year.
On March 2, the Supreme Court rejected Violeta Iljinych's appeal
against her May 2009 conviction for participation in a 2008 assault on
a South African singer of Indian descent.
The small Romani community (approximately 3,000 persons) continued
to experience problems, including discrimination in access to such
services as education, housing, and health care; in employment; and in
relations with police. However, there were no official charges of
police abuse. The Romani unemployment rate continued to be more than 90
percent, and fewer than 5 percent of the Romani population had
permanent, full-time jobs. Minority advocates continued to criticize
the Vilnius city government for focusing on law enforcement in the
Romani community but doing little to integrate Roma into the broader
community.
On September 23, the Supreme Administrative Court, in response to a
lawsuit brought by the Vilnius Roma community, ordered the Vilnius
Municipality to pay nonmaterial damages of 55,000 litas ($21,000) in
compensation for the destruction of their housing in 2004. The court
ruled that Vilnius City Council was responsible for the illegal
demolition of Roma houses.
In September 2009 Valdemar Tomasevski, the representative in the
European Parliament of the organization Lithuanian Polish Electoral
Action, complained to European Commission President Barroso about
alleged discrimination against the Polish minority. Tomasevski claimed
that Poles were not allowed to conduct official business in Polish,
even in settlements with as many as 80 percent Polish-speaking
inhabitants, and could not have street signs in their language. He
asserted that the country's laws regulating the use of language in
public life were contradictory and conflicted with EU law and
international conventions.
A 2007 study by the EU Agency for Fundamental Rights concluded that
governmental responses to ethnic discrimination were ineffective and
that insufficient attention was given to the problem. According to the
agency's research, the law provides ways for victims to complain about
ethnic discrimination, but penalties usually applied in such cases were
insufficient, and victims received insufficient or no compensation. In
April 2009 the Government approved a new National Antidiscrimination
Program for 2009-11; no funds were allocated for it in 2009, but 33,000
litas ($12,680) were allocated for 2010 and 103,000 litas ($39,570) for
2011.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--While homosexual acts are not
illegal and there was no official discrimination against lesbian, gay,
bisexual or transgender (LGBT) persons, society's attitude towards
homosexuality remained negative. NGOs focusing on LGBT problems faced
no legal impediments, but the few that functioned kept a low profile
because of public hostility to their aims. The Lithuanian Gay League
(LGL) continued to promote an inclusive social environment for LGBT
persons.
During the year the Prosecutor's Office opened 148 investigations
of incitement to hatred, most of them over the Internet, against gays
and lesbians.
Domestic human rights organizations and members of the LGBT
community reported that discrimination and the persistent social
exclusion of LGBT persons were problems. The first Gay Pride march to
be held in Vilnius took place on May 8, with participants from all of
the Baltic countries. It attracted approximately 600 participants. The
event took place only after the Supreme Administrative Court overturned
at the last minute a lower court decision to suspend the parade's
license. In 2009 the Vilnius municipality refused NGOs that supported
gay rights and other human rights the permission to organize a
tolerance march on Independence Day. The NGOs appealed to a court,
which upheld the refusal in November 2009.
Approximately 500 police were stationed along the parade route to
protect the marchers from a crowd of around 1,000 persons protesting
the parade. The protesters, led by two parliamentarians, were kept at a
distance by a wall of barriers that had been erected around the parade
route, but that did not prevent them from shouting antigay epithets.
Police reportedly fired teargas into protesters who attempted to jump
the barriers; the protesters retaliated by throwing stones and
improvised smoke bombs as well as broken street signs. Authorities
temporarily detained 18 persons. Prosecutors sought the lifting of
immunity from the two parliamentarians involved in the protest, but the
parliament later voted against lifting their immunity.
In July 2009 the Seimas adopted, over the president's veto, legal
provisions ``protecting'' minors from exposure to certain public
information; many human rights proponents criticized the legislation on
the grounds that it discriminated against gays and lesbians. In
December 2009 the law was further amended in response to those
objections, and the amended law took effect in March 2010. However,
some human rights activists remained skeptical of its possible use (see
section 2.a.). Antigay activists cited the law to justify their
(unsuccessful) effort to prevent the May 8 Baltic Pride march in
Vilnius.

Other Societal Violence or Discrimination.--There were no reports
of discrimination against persons with HIV/AIDs.
During the year the equal opportunity ombudsman investigated 25
cases of age discrimination, compared with 21 in 2009. Most complaints
concerned discrimination in obtaining employment, insurance, loans, or
leases.
Section 7. Worker Rights

a. The Right of Association.--The law allows workers, including
members of the police and armed forces, to form and join independent
unions of their choice without previous authorization or excessive
requirements, and workers exercised this right in practice.
The law provides for the right to strike, except for government
employees involved in law enforcement or other security-related
activities; however, labor code procedures made it difficult for some
to exercise this right. The law provides that only a union or a union's
strike committee may call a strike, leaving nonunion employees unable
to legally call a strike. However, in June 2009 the labor code was
amended to relax strike ballot rules. A strike may be called if
approved by half of the employees of a unit or enterprise in a secret
ballot.

b. The Right to Organize and Bargain Collectively.--The law
protects collective bargaining for all workers except government
employees involved in law enforcement and other security-related work.
A Tripartite Council, consisting of representatives of labor, business,
and government, estimated that between 5 and 25 percent of workers were
covered under collective bargaining agreements.
The law prohibits employer discrimination against union organizers
and members; however, this prohibition was often ineffective in
practice, and there were reports that employees were punished for
attempting to organize. For example, in May a doctor, who was also a
chairman of the professional unions of one of the medical polyclinics
in Vilnius, was dismissed without warning or explanation, according to
the Lithuanian Professional Unions. According to the International
Trade Union Confederation, the judicial system was slow to respond to
cases of unfair dismissal, and no employer has ever faced the penal
sanctions foreseen by law for antiunion discrimination. There are no
labor courts or judges who specialize in labor disputes. Some large
retail stores hired short-term contract labor and sometimes did not
renew the contracts of union members.
Managers often determined wages without regard to union
preferences, except in large factories with well-organized unions. The
Government periodically issued guidelines for state enterprise
management in setting wage scales.
There are no special laws or exemptions from regular labor laws in
export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor; however, such labor existed. Please see the
Department of State's annual Trafficking in Persons Report at
www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law prohibits exploitation of children in the workplace, and the
Government generally enforced these prohibitions effectively; however,
statistics from 2009 indicated that 8 percent of children working did
so illegally, mostly in the agricultural sector, where children
sometimes received unlawfully low compensation. There were reports that
children 15 to 17 years old were trafficked for commercial sexual
exploitation. Also, see the Department of State's annual Trafficking in
Persons Report at www.state.gov/g/tip.
The law sets the minimum employment age at 16 but allows the
employment of persons as young as 14 years old for light labor with the
written consent of the child's parents and school. The law mandates
reduced work hours for children, allowing up to two hours per day or 12
hours per week during the school year and up to seven hours per day or
32 hours per week when school is not in session. Young persons under
the age of 18 are subject to additional restrictions, including a
prohibition on night work.
The State Labor Inspectorate is responsible for receiving
complaints related to employment of persons under 18. During the year
the inspectorate identified 11 cases of illegal child labor, mainly in
agriculture and catering sectors. Schools administered specific
programs tied to labor safety.

e. Acceptable Conditions of Work.--The legal minimum wage of 800
litas ($307) per month did not provide a decent standard of living for
a worker and family. The law provides that the maximum time worked in
any seven-day period, including overtime, may not exceed 40 hours for
white-collar work and 48 hours for blue-collar work. Overtime is
allowed only in cases stipulated by law, and both overtime and night
work must be compensated by at least one-and-a-half times the hourly
wage. The labor laws apply to both local and foreign workers.
The State Labor Inspectorate is responsible for implementing labor
laws. In the first six months of the year, it reported conducting
nearly 7,000 company inspections. The most numerous abuses it found
related to wage arrears, illegal employment, violation of labor
contracts, faulty accounting for time off and hours worked, inadequate
worker safety, and unsatisfactory investigation of accidents. Training
provided by the State Labor Inspectorate helped reduce the scope of
some of these abuses during the year. Workers dissatisfied with the
result of an investigation could appeal to the court system.
The law gives workers the right to safe and healthy working
conditions, and this provision was generally enforced. During the year
the Government recorded 51 fatal accidents at work, compared with 49
during 2009. These occurred mostly in construction work. To address the
problem the State Labor Inspectorate provided training, various
prevention materials, and best practice examples to construction
companies. Workers have the legal right to remove themselves from
dangerous work environments without jeopardizing their continued
employment and did so in practice.

__________

LUXEMBOURG

The Grand Duchy of Luxembourg, with a population of approximately
500,000, is a constitutional monarchy with a democratic, parliamentary
form of government. The role of the grand duke is mainly ceremonial and
administrative. Legislative authority is vested in the unicameral
Chamber of Deputies. The prime minister is the leader of the dominant
party in the popularly elected parliament. In June 2009 the country
held parliamentary elections that were considered free and fair.
Security forces reported to civilian authorities.
Some overcrowding and instances of substandard prison conditions
were reported. There were some cases of domestic violence and
allegations of human trafficking, primarily of women for sexual
exploitation.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and there were no
reports that government officials employed them.

Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, and the
Government permitted monitoring visits by independent human rights
observers. On October 28, the Council of Europe's Committee for the
Prevention of Torture (CPT) released a report on the April 2009 CPT
delegation visit to examine safeguards afforded persons deprived of
their liberty by the police and review conditions at the Schrassig
Prison, the State Socio-Educational Center at Dreiborn, and the
Neuropsychiatric hospital at Ettelbruck. The CPT was critical of a
number of issues within the police and judicial authority, namely the
lack of mattresses in cells reserved for the intoxicated, the use of
solitary confinement as a disciplinary measure, and the ``caging'' of
suspects before interrogation, a process in which detainees were left
in a room with floor-to-ceiling bars until questioned. Other CPT
recommendations included an hour of outdoor exercise each day for
detainees at the State Socio-Educational Center at Dreiborn, improved
access to a dentist for all detainees, and better monitoring of cells
at the security facilities.
According to press reports, overcrowding in the country's Schrassig
Prison remained a problem. Legislation adopted in 2007 appropriated
funding for the construction of a detention center for refused asylum
seekers to relieve prison overcrowding. The capacity of the prison is
598, and the population is 616 detainees. Construction of the new
facility is underway, with an estimated completion date in 2011.
Refused asylum seekers are imprisoned if they fail to depart the
country voluntarily within a specified time period. They may be
imprisoned for a maximum of four months while arrangements are made to
deport them.
Three deaths occurred in Schrassig Prison during the year. On April
11, a 25-year-old detainee was found dead in his bed. On June 11, a
female detainee was found dead in her cell. On June 30, one detainee
died a natural death after a long illness. The Government is
investigating the first two cases.
In an answer to a parliamentary question, Justice Minister Biltgen
announced that 288 grams of drugs were seized in Schrassig Prison
between March 2009 and August 2010.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the Grand Ducal Police and the
judiciary police, and the Government has effective mechanisms to
investigate and punish abuse and corruption. There were no reports of
impunity involving the security forces during the year.

Arrest Procedures and Treatment While in Detention.--Warrants
issued by a duly authorized official are required for arrests in most
cases. Within 24 hours of arrest, police must inform detainees of
charges against them and bring them before a judge for determination of
the detention's legality. There is a functioning bail system, which
judges regularly employed. Detainees are given immediate access to an
attorney, whose services are provided at government expense for
indigent detainees. Detainees were allowed prompt access to family
members.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
judicial independence in practice.

Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
Defendants enjoy a presumption of innocence. Trials are public except
for those involving sexual or child abuse. There are no jury trials.
Defendants have the right to be present and to consult with an attorney
in a timely manner. Defendants may confront or question witnesses
against them and present witnesses and evidence on their behalf.
Defendants and their attorneys have access to government-held evidence
relevant to their cases. Defendants have the right of appeal.
A legal basis exists for the establishment of religious and
military courts under special circumstances, but no such action has
occurred in more than 60 years.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--In 2009 the European Court
of Human Rights (ECHR) issued judgments in two separate cases that
found that the country had violated the right to a fair trial as
provided under the European Convention on Human Rights. The ECHR took
formal note of the friendly settlement reached by the Government of the
country and the applicant in one case, with the requesting state paying
50,000 euros ($67,000) to the complainant. In the second case, the
requesting state had to pay 10,000 euros ($13,400) to the complainant.

Civil Judicial Procedures and Remedies.--The magistrate courts
serve as an independent and impartial judiciary in civil and commercial
matters and are available to individuals who wish to bring lawsuits
seeking damages for, or cessation of, a human rights violation.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
Government respected these rights.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees. While
statistics for the year were not yet available, in 2009, 505
individuals asked for asylum; 207 of these requests were rejected. In
practice the Government provided protection against the expulsion or
return of refugees to countries where their lives or freedom would be
threatened on account of their race, religion, nationality, membership
in a particular social group, or political opinion. There are no laws
that deny asylum based on an applicant's country of origin. There is no
``black list'' for repatriation; each dossier is examined on its
merits. The Government applies the safe country of transit principle.
In August the Government repatriated a Serbian family (father,
mother, and two children, ages 20 and 30) to Belgrade.
The law provides for the possibility of granting protection to
individuals who may not qualify as refugees; the Government did not
grant such protection during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right through
periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--In June 2009 the country
held elections for the 60 seats in the Chamber of Deputies. The
elections were considered free and fair. Also on that date, the country
held elections to the European Parliament that were considered free and
fair.
Political parties operated without restrictions or outside
interference.
There were 12 women in the 60-member Chamber of Deputies and four
women in the 15-member cabinet. There were 15 women in the 32-member
Supreme Court.
There was one parliamentarian of Portuguese descent, and one
minister of Italian descent.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented these laws effectively. There were
no reports of government corruption during the year. The Ministry of
Justice is responsible for combating government corruption. Public
officials are not subject to financial disclosure laws.
There is no law providing public access to government information;
in practice the Government granted access to government information to
members of the public and placed extensive quantities of government
information on official Web sites.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views. There is an Ombudsman
Committee for the Rights of Children.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status, and the Government effectively enforced it.

Women.--The law prohibits rape, including spousal rape, and the
Government enforced the law effectively. The legal penalties range from
five to 10 years imprisonment. The law prohibits domestic violence, and
the Government effectively enforced it. The law is gender neutral and
provides that abusers will be removed from their residences for 10
days; this can be extended an additional three months. Penalties may
include fines and imprisonment. If a person approaches a
nongovernmental organization (NGO) for assistance, the police are
required to investigate. In 2009 there were 572 cases of police
intervention relating to spousal abuse and 302 police expulsions of the
abusing spouse. These figures were higher than for the previous year.
The Government funded organizations that provided shelter, counseling,
and hotlines. There are three hotlines for abused women. In 2009
government-sponsored NGO shelters provided refuge to approximately 398
women and 560 children. The Government also provided financial
assistance to domestic violence victims.
The law prohibits sexual harassment and requires employers to
protect employees from sexual harassment. The law prohibits gender-
based job discrimination and harassment of subordinates by superiors.
Disciplinary measures against offenders are available, including
dismissal. An employer's failure to take measures to protect employees
from sexual harassment is considered a breach of contract, and an
affected employee has the right to paid leave until the situation is
rectified. Sexual harassment in the workplace was not widely considered
a problem.
Couples and individuals have the right to decide freely and
responsibly the number, spacing, and timing of their children and to
have the information and means to do so free from discrimination,
coercion, and violence. There was easy access to contraception and
skilled attendance during childbirth, and the rate of maternal
mortality was low (17 deaths per 100,000 live births, according to UN
Population Fund statistics for 2008). Women and men were equally
diagnosed and treated for sexually transmitted infections, including
HIV. There were no barriers that limited access to maternal health
services.
Women enjoy the same legal rights as men, including rights under
family law, property law, and in the judicial system. The law mandates
equal pay for equal work; however, according to government reports,
women were paid 14 to 16 percent less than men for comparable work. The
Ministry of Equal Opportunity is responsible for protecting the legal
and social rights of women. In 2009 the Government conducted a two-
month media campaign in all of the country's high schools promoting
equal rights for men and women. In November the ministry promoted equal
rights at the annual student fair, with a series of roundtable
discussions.

Children.--Citizenship is governed by the principle of descent,
according to which a father or mother who is a citizen of the country
automatically conveys citizenship to their offspring at birth. The
Government registers all births immediately.
A special police unit is responsible for the protection of minors,
and two call centers--one government-run, the other NGO-administered--
are available to child victims of abuse. Neither the Government nor
NGOs compiled statistics on child abuse during the year.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance with the convention at http://
travel.state.gov/abduction/resources/congressreport/congressreport
4308.html.

Anti-Semitism.--There were no reports of anti-Semitic acts. The
Jewish community numbered approximately 1,000 persons.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, or in the provision of other state services or other
areas, and the Government effectively enforced these provisions. The
law does not require government or privately owned buildings to be
accessible to persons with disabilities, but the Government subsidized
the construction of ``disabled friendly'' structures. The NGO Aid for
Handicapped Children advocated for the protection of the rights of
persons with disabilities. The Government and Info Handicap, an NGO,
organized a campaign entitled ``For Mobile People with Handicaps'' in
which representatives of the national railway company met with persons
with disabilities with the goal of improving access to public
transportation.
The law establishes quotas requiring businesses that employ more
than 25 persons to hire unspecified number of workers with disabilities
and pay them prevailing wages, but the Government acknowledged that
these laws were not applied or enforced consistently.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There was one organization for
lesbian, gay, bisexual, and transgender persons that operated without
any impediment. An annual gay pride event took place in May. The
Government authorized the event and police provided sufficient
protection.
There were no reported incidents of discrimination based on sexual
orientation.

Other Societal Violence or Discrimination.--There were no reports
of official or societal discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law allows workers to form and
join independent unions of their choice without previous authorization
or excessive requirements, and workers exercised these rights.
Approximately 50 percent of the workforce (including transborder
workers who commute from neighboring countries) was unionized. The law
allows unions to conduct their activities without interference, and the
Government protected this right in practice. The law provides for the
right to strike, except for government workers who provide essential
services. Legal strikes may occur only after a lengthy conciliation
procedure between the parties. For a strike to be legal, the
Government's national conciliation office must certify that
conciliation efforts have ended.

b. The Right to Organize and Bargain Collectively.--The law
provides for the right to collective bargaining, and workers exercised
this right freely. Approximately 66 percent of workers were under
collective bargaining agreements. There were no reported examples of
antiunion discrimination.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor; however, there were reports of trafficking
in women for sexual exploitation.
For information on trafficking in persons, please see the
Department of State's annual Trafficking in Persons Report at
www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws to protect children from exploitation in the workplace,
and the Government effectively enforced these laws. There were no
reports of child labor.
The law prohibits the employment of children under the age of 16.
Apprentices who are 16 years old must attend school in addition to
their job training. Workers under the age of 18 have additional legal
protection, including limits on overtime and the number of hours that
can be worked continuously. The ministries of labor and education
effectively enforced the child labor laws.
The Ombuds-committee for Children's Rights (a different institution
from the ombudsman) carries out a series of inspections including
inspections for child labor.

e. Acceptable Conditions of Work.--The national minimum wage for a
single worker over the age of 18 was 1,683 euros ($2,143) per month for
unskilled workers and 2,019 euros ($2,571) for skilled workers. The
minimum wage was not sufficient to provide a decent standard of living
for a worker and family; however, most employees earned more than the
minimum wage. The Ministry of Labor enforced the minimum wage
effectively. Foreign and migrant workers are covered by minimum wage
provisions.
The law mandates a maximum workweek of 40 hours. Premium pay is
required for overtime or unusual hours. Sunday employment is permitted
in continuous-process industries (steel, glass, and chemicals) and for
certain maintenance and security personnel; other industries must
request permission for Sunday work, which the Government granted on a
case-by-case basis. Work on Sunday, allowed for some retail employees,
must be entirely voluntary and compensated at double the normal wage or
with compensatory time off on another day, equal to the number of hours
worked on Sunday. The law requires rest breaks for shift workers and
limits all workers to a maximum of 10 hours per day, including
overtime. The labor inspection court and the Superior Court of Justice
are responsible for enforcing these laws.
The law mandates a safe working environment. An inspection system
provided penalties for infractions. The labor inspectorate of the
Ministry of Labor and the accident insurance agency of the Social
Security Ministry carried out effective inspections. No laws or
regulations specifically provided workers with the right to remove
themselves from dangerous work situations without jeopardy to their
continued employment; however, every worker has the right to ask the
labor inspectorate to make a determination regarding workplace safety,
and the inspectorate usually did so expeditiously.

__________

MACEDONIA

The Republic of Macedonia is a parliamentary democracy with a
population of approximately 2.1 million. A popularly elected president
is head of state and commander in chief of the armed forces. A
unicameral parliament (Sobranie) exercises legislative authority. In
2009 the country held presidential and municipal elections, which the
Organization for Security and Cooperation in Europe (OSCE) assessed as
meeting most international standards for democratic elections. Security
forces reported to civilian authorities.
Overcrowding, severe staff shortages, and lack of training for
guards continued to contribute to poor conditions at some of the
country's prisons. There were reports that authorities abused pretrial
detention for political reasons. Judges reported that there was strong
political pressure on the judiciary and that this pressure sometimes
influenced their rulings. The Government criticized the media and
attempted to influence reporting by manipulating its spending on
advertizing. Tensions between ethnic Macedonian and ethnic Albanian
populations continued to influence individuals' opportunities for
education, employment, and political participation. There were reports
of discrimination against persons with disabilities and Roma.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings.
On May 12, police attempted to arrest four men who were smuggling a
significant number of weapons into the country near the village of
Radusha, close to the border with Kosovo. The police shot and killed
the four after they opened fire.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, there were
credible reports that police used excessive force during the
apprehension of criminal suspects and abused detainees and prisoners.
During the first nine months of the year, the Ministry of
Interior's Sector for Internal Control and Professional Standards Unit
(PSU) reported receiving 41 complaints against police officers for use
of excessive force. After preliminary investigations, the PSU found
grounds for further investigation in four cases and took disciplinary
action in one.
On February 2, a citizen accused a Skopje police officer of
physically assaulting him after an argument related to a traffic
matter. Authorities charged the officer with a misdemeanor, and the PSU
issued a recommendation to the disciplinary commission to initiate
disciplinary procedures. The commission determined that the police
officer did not use excessive force.
On May 18, in the village of Bansko, Strumica, a police officer was
accused of using excessive force against a handcuffed civilian. The PSU
submitted a report to the Public Prosecutor's Office and issued a
recommendation to his supervisor to initiate disciplinary procedures to
determine responsibility for the incident. The commission determined
that there was no use of excessive force.
On June 4, a police officer in Gostivar attacked a driver for not
following directions. The PSU issued a mandatory recommendation to the
officer's supervisor to initiate disciplinary procedures in order to
determine responsibility for the incident. The commission reduced the
officer's salary by 15 percent for three months.
Also in June two individuals filed torture and mistreatment charges
against two Skopje police officers. The individuals claimed that police
officers physically abused them at the Prolet police station after the
officers arrested them on May 31. As of year's end, the prosecutor's
office had not announced whether it would prosecute the officers.
On August 18, a Skopje police officer hit a citizen's face against
the doorframe of his car causing injury to the citizen's face. The PSU
issued a recommendation to the officer's supervisor to initiate
disciplinary procedures to determine responsibility for the incident.
The procedure was ongoing at year's end.
In its 2009 Annual Report, the Office of the Ombudsman reported
some improvements in the investigations of the PSU; however, it
reported that in most cases the PSU continued to justify police
actions. The report also noted that this ``protective attitude towards
police officers'' is shared by the court and the public prosecutor and
that court procedures last indefinitely and contribute to the impunity
of police officers.
Between November 2009 and October 31, the nongovernmental
organization (NGO) All4Fair Trials received 38 complaints from citizens
alleging excessive use of force by police. It referred many of these
complaints to the PSU or ombudsman. It also noted that some alleged
victims did not want to report the incidents to authorities for fear of
reprisal. The NGO criticized the Prosecutor's Office for not completing
prosecutions of police abuse cases filed in 2007 and 2008.
The Skopje prosecutor continued the May 2009 investigation, of four
prison guards accused of tying inmates to radiators and beating them
until they gave statements. The accusation prompted the ombudsman to
recommend torture charges against the guards. Authorities returned the
guards to duty pending the outcome of the investigation. As of year's
end, the prosecutor had filed no charges.

Prison and Detention Center Conditions.--On August 25, the
ombudsman announced criminal charges against several guards at Idrizovo
prison. The ombudsman found credible evidence that the guards beat an
inmate who was attempting to aid the escape of two other inmates. The
prison warden and the director of prison administration investigated
the case and found that guards used excessive force against the inmate.
The prison administration forwarded the case to the Prosecutor's
Office, which determined it would not prosecute the case due to a lack
of evidence.
In its November progress report, the European Commission reported
that ``the degrading conditions and the dire state of some prisons, in
particular Idrizovo and its closed ward, remain of serious concern. ``
It continued to state that ``most of the prisons are underfunded and
cannot cover their basic maintenance expenses, `` and that ``the
mechanisms for preventing and combating ill-treatment and corruption in
prisons remain weak. ``
The ombudsman performed regular visits to the country's prisons and
maintained complaint boxes within the prisons. He reported in his 2009
annual report that conditions in the prisons were unchanged and
remained ``inhumane'' and ``overcrowded.'' It also reported that the
opportunity for juvenile detainees to mingle with adult detainees
remained a problem.
On February 4, the EU special representative to Macedonia and the
ombudsman visited the Idrizovo prison. The EU special representative
publicly criticized living conditions in the prison as ``a disgrace,''
noting roofless rooms, broken windows, and inadequate bathroom
facilities, and urged the Government to take immediate action to
improve the situation. The ombudsman echoed these concerns, recommended
closing the partially open section of the prison, and proposed moving
the inmates to a different facility. Prison authorities closed,
renovated, and reopened the section.
Prison officials cited the lack of funding for the hiring and
training of prison guards as major contributors to the poor conditions
at Idrizovo. Idrizovo was severely understaffed; in some units, as few
as three guards monitored as many as 130 prisoners, making it extremely
difficult for the guards to control the prison population, and creating
a situation with substantial prisoner-on-prisoner violence and abuse.
Idrizovo guards also received little or no formal training, and
authorities expected them to learn on the job. Prison officials stated
that overcrowding contributed to the poor conditions. Idrizovo is the
country's largest prison, holding about 70 percent of convicted
detainees.
On January 7, an inmate of Bitola Prison died of a heart attack at
the hospital. Other inmates claimed that, despite the deceased's
requests for urgent medical assistance, prison authorities did not take
him to the hospital until several hours after his requests.
Official reports indicated that two prisoners committed suicide in
Idrizovo prison during the year.
As of November, the ombudsman reported that the country housed a
total of 2,329 detainees and prisoners, although the total capacity of
all facilities was only 1,952.
The ombudsman stated that the right to express religious beliefs
and practice religious rites in the penitentiary and correctional
facilities was not hindered. Visitor access was allowed, but facilities
remained insufficient for the number of prisoners, and conditions are
poor.
The Government usually granted independent humanitarian
organizations and the ombudsman access to convicted prisoners. The law
allows family members, physicians, diplomatic representatives, and
representatives from the European Committee for the Prevention of
Torture and Inhuman or Degrading Treatment or Punishment (CPT) and the
International Committee of the Red Cross (ICRC) access to pretrial
detainees with the approval of the investigative judge. Judges usually
granted permission.
There were no reports of prisoners serving beyond the maximum
sentence.
During the year the Ministry of Justice refurbished several prison
and detention facilities. This activity included renovating the
partially open section at Idrizovo and installing new video
surveillance and alarm systems at the Suto Orizari detention center and
Stip Prison to improve overall security and decrease corruption among
guards and other detention staff.
On May 21, the Government announced that it would allocate 52
million euros ($69 million) for prison renovations, of which the
Council of Europe Development Bank would fund 46 million euros ($61
million) and the EU Instrument for Pre-Accession Assistance would fund
the remainder.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention; however, arbitrary arrest and detention were
problems.

Role of the Police and Security Apparatus.--The national police are
a centralized force under the Ministry of the Interior, consisting of
uniformed police, criminal (civilian) police, and border police. By
September approximately 21 percent of force members were from minority
groups, but this figure was short of the Government's 25 percent quota
for minority officers. Ethnic Albanians made up approximately 25
percent of the population and approximately 17 percent of the police
force.
International observers and local NGOs cited corruption, lack of
transparency, and political pressure within the Ministry of the
Interior as hindering efforts to fight crime, particularly organized
crime.
Police impunity remained a problem, although there were
improvements with internal investigations and an active ombudsman.
In addition to investigating alleged police mistreatment, the PSU
conducts all internal investigations into allegations of other forms of
police misconduct. After conducting an investigation, the PSU forwards
its findings to either the Prosecutor's Office or a disciplinary
commission, usually composed of the officer's peers. The PSU has
authority to impose administrative sanctions during the course of its
investigations, such as temporary suspension from work, but cannot
impose disciplinary actions, which require a ruling from a disciplinary
commission, or more serious criminal sanctions, which require court
action. Many observers considered that the PSU, Prosecutor's Office,
and courts did not provide an effective deterrent to police abuse,
contributing to an atmosphere of impunity.
The Government worked to strengthen the PSU following the CPT's
2008 report that noted that, when it came to investigating alleged
mistreatment by officers, the PSU ``cannot be considered as an
independent body which is able to carry out prompt, thorough, and
effective investigations.'' Insufficient funding and staffing hampered
the PSU's effectiveness. The EC reported in its progress report, this
year that ``the human resources capacity of the Sector for Internal
Control and Professional Standards within the Ministry of Interior is
low.'' To address these and other issues, the approved personnel
strength of the unit was raised from 45 to 60 during the year. A PSU
representative is now allowed to sit on disciplinary commissions as a
nonvoting member. PSU staff participated in training conducted by
outside experts.
The October 17 EC progress report noted that ``control over the
police in general, and special units in particular, was more effective,
partly because of increased internal audits to provide for professional
standards to be respected.'' The report further noted that
``investigations were carried out in accordance with international
standards.'' The report stated that, although an independent external
mechanism was lacking, strengthening the powers of the public
prosecutor in the investigative phase improved oversight of police
work.
Although unit officials showed some improvement in efficiently
conducting internal investigations, concerns remained about the low
number of completed investigations and the lack of charges in
outstanding human rights cases from previous years.
Representatives from a number of international organizations,
including the OSCE, the EU, and foreign missions, continued to monitor
police operations and advise the Ministry of Interior on police
reforms.
Citizens filed 239 complaints related to police conduct with the
ombudsman.

Arrest Procedures and Treatment While in Detention.--The law
requires warrants issued by an investigative judge for arrest and
detention, and police generally followed this requirement in practice.
The law states that prosecutors must arraign a detainee within 24
hours of arrest. An investigative judge, at the request of a
prosecutor, may order detention of suspects for up to 72 hours. Police
generally adhered to these procedures in practice.
There were reports that police continued to call suspects and
witnesses to police stations for ``informative talks'' without
informing them of their rights. Police did not arrest the individuals
nor hold them for extended periods of time. The law permits immediate
family members access to detainees, and authorities generally provided
access, although it was not always prompt. The law states that an
investigative judge must approve access.
The Ministry of Interior conducted inspections of the registers of
detained persons and prepared standard procedures for their detention
and treatment. These procedures included designating shift supervisors,
who were responsible for the proper processing and treatment of
detained persons.
There is a functioning bail system. The law sets the initial length
of pretrial detention at 30 days. This period may be extended up to 180
days if a council of three judges orders a 60-day extension for further
investigation and a superior court orders an additional 90-day
extension. The law allows a 90-day extension only in cases for which
sentencing guidelines provide that a person convicted of the crime
under investigation serve at least five years in prison. Following
indictment the maximum pretrial detention is two years. There was a 20
percent drop in the number of pretrial detention cases this year, as
judges increased the use of home confinement and bail.

e. Denial of Fair Public Trial.--The constitution and laws provide
for an independent judiciary; however, the Government, political
pressure, intimidation, and corruption influenced the judicial branch.
Inadequate funding of the judiciary continued to hamper court
operations and effectiveness. A number of judicial officials accused
the Government of using its budgetary authority to exert control over
the judiciary. Despite persistent underfunding, the Government again
reduced the annual budget for the judiciary during the year.
On October 28, parliament amended the law in order to fix the
court's budget at a minimum of 0.8 percent of Gross Domestic Product
(GDP), thereby addressing the need for adequate and stable funding of
the courts. However, the new law is to be implemented gradually
beginning in 2012 and will not reach the 0.8 percent level until 2015.
This law does not affect funding for the Prosecutor's Office, which
remained severely understaffed and underfunded.
Political pressure influenced the work of the Judicial Council, the
body responsible for the election, discipline, and removal of judges.
There were reports that the Judicial Council gave preference to outside
candidates for judges instead of choosing 50 percent of new judges from
academy graduates as the law requires. Through early December, the
Judicial Council elected 38 new first-instance judges, eight of whom
were academy graduates.
In January the OSCE published the results of an anonymous survey of
judges, in which two-thirds of the country's 650 judges participated.
The results indicated that the majority of respondents felt pressure
from political parties and the Government in making decisions, and 43
percent stated that this pressure influenced their rulings. The
respondents also stated that the Judicial Council was not an
independent body and that the minister of justice should not be a
member of this council. The minister of justice and the president of
the Judicial Council publicly criticized the survey as unreliable and
denied that there were inappropriate pressures on judges.
On February 17, the parliamentary Standing Inquiry Committee on
Human Rights concluded that the human rights of defendants and
witnesses in the Sopot case had been violated by the ``authorized
bodies and institutions'' of the country. The committee found
violations of the prohibition of torture, inhumane, or degrading
treatment; the right to liberty and security; the right to privacy of
home; and the right to a fair trial. In the 2003 case, two Polish NATO
soldiers and one civilian were killed and two civilians were injured by
an improvised explosive device along the Kumanovo-Sopot road. Eleven
ethnic Albanians were convicted in three separate trials occurring in
2004, 2006, and 2009, and sentenced to 10 to 14 years in prison. In
June motions for retrial were filed by the defense in two separate
courts based on the committee's conclusion. On June 17, one of the
trial courts denied the defense attorney's request for retrials for
seven defendants. On June 23, the other trial court granted the retrial
of four defendants and released them to house arrest on June 28. On
September 16, the appellate court reversed the decision of the first
trial court and ordered a retrial for all 11 defendants. At year's end,
four defendants remained under house arrest, one remained in detention
pending retrial, and six remained at large having been convicted.
In April the media criticized government influence on the judiciary
after the parliament elected an affiliate of the ruling party, Branko
Uskovski, to sit on the Judicial Council. Media alleged that the
parliament chose Uzkovski over candidates with far more judicial
experience as a reward for his loyalty to the ruling party. Media
reports alleged that one basic court judge, Emilija Ilievska, was
promoted to Supreme Court judge based on her political connections. She
is the wife of the chief of the Organized Crime and Corruption
Prosecution Unit and the sister-in-law of the head of the internal
intelligence service.
On June 10, after a seven-month disciplinary procedure initiated by
Minister of Justice Mihajlo Manevski, the Judicial Council removed
appellate judges Violeta Duma and Vlado Djilvidjiev for unprofessional
and incompetent conduct in a 2008 case. The Judicial Council acquitted
three other judges who sat on the same panel. There were reports that
Djilvidjiev was promised a position on the parliament's Legislative
Affairs Committee in return for not publically objecting to his
removal. The removal of Judge Duma received significant public
attention, and the media accused the Judicial Council of biased,
politically motivated, and nontransparent conduct. Duma accused
Manevski of retaliating against her because she refused to submit to
his pressure on the appellate case of former defense minister and prime
minister Buckovski, which stemmed from activities while he was serving
as defense minister. Both Duma and Djilvidjiev appealed their removal
before the Supreme Court-led appeals committee. The appeals were
rejected on December 10.
On September 16, the Constitutional Court struck down several
Judicial Council rulebooks that govern the evaluation, discipline, and
removal of judges on the grounds that the council did not have a
mandate to create and implement the rulebooks. Legal experts
interpreted the court ruling as calling into question the dismissals of
several judges under the rulebooks. The council ignored the
Constitutional Court's requests for opinions and information on the
suspended rulebooks. To satisfy the court ruling, the Government
amended the law on the Judicial Council to incorporate the rulebooks.
On December 8, the appellate court ruled to release a convicted
cigarette smuggler to house arrest pending appeal. On December 10, the
Supreme Court reversed the decision, saying the appellate court judges
had misinterpreted the law on detention and filed motions with the
Judicial Council against the appellate court judge and the president of
the appellate court for ``unprofessional conduct and malpractice.''
Legal experts and members of the academic law community said that
either interpretation could be considered correct and argued that the
motions before the Judicial Council were extreme. They questioned
whether the Judicial Council should discipline a judge for his or her
interpretation of the law in a ruling. The media speculated that this
was an attempt by the Government to remove judges who did not succumb
to executive pressure. One of the three judges involved in the
appellate ruling resigned from the bench on December 16 for unspecified
reasons. The president of the appellate court resigned his position
``for health reasons,'' but said he wanted to remain a judge. The
Judicial Council scheduled his disciplinary hearing for January 2011.
Throughout the year the Government heavily criticized the
Constitutional Court for overturning a number of laws related to
government sponsored projects. In March the speaker of parliament
demanded that President of the Constitutional Court Trendafil Ivanovski
come to parliament to explain the court's rulings. Ivanovski refused,
citing the independence of the court. On October 1, the lustration
committee found Ivanovski guilty of collaboration with secret services
under communism. Ivanovski appealed the ruling to the Administrative
Court, which upheld the guilty verdict. Ivanovski was suspended from
the Constitutional Court and appealed to the Supreme Court, which had
not ruled at year's end.
During the year the media and legal community criticized the
Government for proposing judicial legislation with little or no input
from the judiciary or legal experts. For example, the Government
proposed amendments to the Law on Courts that would establish a strict
point-based system for the evaluation of judges. NGOs, the media, and
legal professionals criticized the system, asserting that it would not
solve major problems with the judiciary, such as chronic underfunding,
political pressure on judges, and inadequate working conditions.
The efficiency of trial courts improved in the first half of the
year. Based on unofficial reports from authorities, trial courts
decided 536,183, or 52.3 percent, of the 1,023,924 cases on their
dockets versus only 29.9 percent for the same period during the
previous year. The efficiency of other courts varied. The appellate
courts completed 67.7 percent of their caseload and the Supreme Court
completed 58.1 percent. The Administrative Court completed only 39.6
percent of its cases. There were 466,315 backlogged cases involving the
enforcement of civil judgments, including such cases as failure to pay
utility bills, which were supposed to be transferred to a private
bailiff system. However, on July 2, parliament moved the date for the
transfer of enforcement cases to July 1, 2011, and the cases remained
on the docket of the trial courts.

Trial Procedures.--The law presumes defendants innocent until
proven guilty. Trials are generally open to the public. The country
does not use juries. A single judge hears less serious cases, and a
panel of one or two professional judges and two to three lay judges
hear more serious cases. The judicial panels determine guilt and impose
sentences. The panel usually follows the recommendations of the
presiding judge. Defendants have the right to an attorney in pretrial
and trial proceedings. The law requires that courts provide indigent
defendants an attorney at public expense, and authorities generally
respected this requirement in practice. Defendants may question
witnesses and present evidence on their own behalf. The law entitles
defendants and their attorneys to have access to government-held
evidence. In practice defendants were not always given access. Both the
prosecution and defendants have the right to appeal verdicts.
The law provides that courts may try defendants in their absence as
long as they repeat the trials if convicted individuals later become
accessible to justice officials.
The courts published civil and criminal judgments online, but
public access to judgments and court decisions remained limited. Most
of these electronically published judgments lacked an indexing function
and were difficult to search due to the large amount of deleted data.
Officials cited privacy and data protection concerns as reasons why the
courts did not publish more information on judgments.

Political Prisoners and Detainees.--During the year there were
claims that authorities detained persons for political reasons.
On July 16, the prosecutor indicted 36 of 40 medical doctors and
officials of the Health Fund whom police arrested in April on bribery
and fraud charges related to disability pensions. The family of one of
the doctors, Ljube Gligorovski, claimed that authorities mistreated him
in detention and were holding him for personal and political purposes.
Gligorovski's attorney stated that the court denied repeated petitions
for his release on bail or transfer to house arrest. On September 13,
the day before the trial began, the court renewed Gligorovski's
detention order for another 90 days, based on the risk that he would
commit further crimes, although he was no longer in his position and
had been suspended from practicing medicine. In mid-October the court
placed Gligorovski under house arrest. At year's end, the court had set
no hearing date.
There were claims that officials used pretrial detention as a
punitive measure in the case of former manager of the Health Fund,
Georgi Trenkoski. Trenkoski was initially arrested and sent to pretrial
detention on more serious charges than those for which he was indicted.
Authorities justified pretrial detention as necessary to prevent
Trenkoski from tampering with evidence; however, he had resigned from
his position as manager of the Health Fund three months earlier and had
no access to the files. Supporters claimed that the media were notified
ahead of Trenkoski's arrest to ensure a ``perp walk.'' Media coverage
of his case has been derogatory, implying guilt prior to conviction.
The trial was ongoing at year's end.
Dusko Ilievski, a leader of antigovernment protests related to the
bankruptcy of the dairy company ``Swedmilk'' claimed that he, his
father, and brother were unlawfully detained for 12 days for political
reasons. In July police charged Ilievski of raising marijuana on family
owned land. Ilievski claimed the charges were politically motivated,
aimed at silencing his criticism of the Government. At year's end, the
trial against Ilievski was pending before the Bitola court.

Regional Human Rights Court Decisions.--During the year the
European Court of Human Rights (ECHR) issued 15 decisions that found
violations by the state of the European Convention on Human Rights,
including violations of the right to liberty and security, the right to
a fair trial, the right to court access, and the right to due process.
In 2009 the Government enacted an ECHR Orders Enforcement Law; however,
inadequate implementation has resulted in the timely compliance of only
a small number of the ECHR orders.
On October 28, the ECHR issued a judgment against the country in
the Snake Eye case. The court found violations of the right of liberty
and security of 38 defendants in both the pretrial and trial detention
periods.

Civil Judicial Procedures and Remedies.--Citizens had access to
courts to bring lawsuits seeking damages for, or cessation of, human
rights violations. Individuals may file human rights cases in the
criminal, civil, or administrative courts, depending upon the type of
human rights violation in question and the perpetrator of the alleged
violation. Individuals may also appeal adverse decisions. The law
provides the right to timely adjudication of cases and a legal basis
for raising excessive judicial delays to the Supreme Court.
On February 10, the Constitutional Court ruled for the first time
on an individual human rights petition involving a violation of the
right to stand for public office. The court ruled that the Zajas
municipal administration violated the plaintiff's political rights
during his 2009 attempt to campaign for mayor by prohibiting his
candidacy. The court annulled the original decision of the lower court,
allowing the plaintiff to file a civil suit for damages against the
municipality.
In December 2009 parliament passed a law that provides for free
legal aid to citizens seeking legal assistance. The law designates
those who qualify for assistance including recipients of social or
disability welfare, single parents, certain pension recipients, and
asylum seekers. The Office of the UN High Commissioner for Refugees
(UNHCR) reported that in practice there has been no access to state-
funded free legal aid for asylum seekers due to the manner in which the
provisions of the law were interpreted.

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press; however, the Government did not
always respect these rights in practice, and government pressure on the
media was a problem. The law prohibits speech that incites national,
religious, or ethnic hatred, and the law provides penalties for
broadcasters who violate these laws.
Individuals could criticize the Government publicly or privately;
however, there were reports that the Government attempted to impede
criticism, pressured the media, and forced journalists to practice
self-censorship. The Government was one of the largest purchasers of
advertising in the country and favored outlets and journalists it
perceived as friendly. In an open letter dated August 5, the former
spokesperson for the National Health Fund, Dejan Gacov, claimed that
the Government controlled the media through its spending on
advertising.
During the year journalists worked to strengthen the
professionalism and independence of the media through the Association
of Journalists of Macedonia (AJM). On September 21, the AJM, which had
been criticized as biased in the past, adopted a new statute that
provides for a more democratic and transparent association, and on
December 11, elected new leadership in line with the new statute. On
November 12, the first labor union for journalists, the Independent
Trade Union of Journalists, was established.
The ruling party, VMRO-DPMNE, issued statements expressing
disappointment with reporting by some media outlets, including A1
television and the daily newspaper Vest. President Gjorge Ivanov also
criticized the media for allegedly misinterpreting his statements. In
reaction the AJM accused the president of trying to ``discipline the
country's journalism.''
On February 1, the owner of the national radio station Kanal 77,
Goran Gavrilov, appealed the acquittal of three defendants accused of
attempting to murder him in 2008 to the European Court of Human Rights
(ECHR) in Strasbourg. The ECHR accepted the case on May 4.
On March 17, an appellate court reversed the slander conviction of
opposition SDSM Member of Parliament and former prime minister Vlado
Buckovski and returned the case to the trial court for retrial. The
court fined Buckovski 11,600 euros ($15,372) in 2009 for slandering
VMRO-DPMNE Member of Parliament Silvana Boneva during the 2006 election
campaign.
On March 22, the amended criminal code went into effect; the code
decriminalized slander based on the reporting of statements by third
parties.
Media institutions and reporting were divided along ethnic and
political lines, with the most striking divisions visible in reporting
on controversial political issues.
The independent media were active and expressed a wide variety of
views without restriction. However, there were some condemnations of
hate speech. On May 14, the AJM announced that during the previous year
and a half, holders of public office had filed 150 defamation, libel,
and slander charges against journalists. The AJM stated it had
collected the information directly from journalists because the courts
did not respond to its inquiries. On May 19 supported the European
Federation of Journalists the AJM's criticism of the Government for
neglecting the safety of journalists. The authorities failed to act
after the AJM lodged an official complaint against a commentator on
Kanal 5 television for using hate speech against journalists he
believed to be traitors. The National Broadcasting Council determined
there was no hate speech broadcast but rather ``elements that
occasionally harm program standards and professional journalism.''
In August a court acquitted a journalist in a retrial of his 2008
conviction for publishing a report on a judge whom police fined for
driving under the influence of alcohol.
On November 25, backed by heavy police presence, financial and tax
inspectors carried out an investigation on the premises of A1, the
country's most popular, and opposition-oriented, television station.
The station shares premises with three independent newspapers and
various other businesses, all with ties to the owner of A1, Velija
Ramkovksi. The widely publicized operation was conducted late in the
evening and broadcast live on A1.
Late at night on December 23, special police forces arrested
Ramkovski, his daughter, and 17 other managers and employees of the
businesses on charges of tax evasion and conspiracy. Four, including
Ramkovski's son, remained at large; however, 16 of the 19 arrested were
ordered to 30 days pretrial detention. While there were no technical
procedural violations during the arrest, concerns were raised about the
timing of the arrests (11:00 p.m.), the length of the judicial
investigation process (12 hours held in police custody and 10 more
hours in front of an investigative judge), access to attorneys during
the questioning process, and the use of a blanket pretrial detention
order for the majority of the accused. The arrest of Ramkovksi and the
other defendants raised concerns about media freedom and selective
prosecution of government critics. There were reports that A1
television reporters and corporate sponsors were threatened, although
the television station continued to operate.
There were seven major, private, daily newspapers in Macedonian and
four in Albanian. International newspapers and magazines were available
throughout the country. Macedonian Radio and Television, which
generally favored the Government's views on political issues, was the
country's sole public broadcaster.
There were five private television broadcasters with national
coverage, 16 national television stations broadcasting via satellite,
and 57 private local and regional television stations. Most of the
stations broadcast news programs and reflected a variety of viewpoints.
There were 71 independent radio stations. All major broadcast and print
media offered up-to-date Web editions. Blogs and Internet-based social
networks were also available.
As of year's end, the ECHR had not issued a decision in the case of
Ljubomar Frckoski, who was convicted in 2008 of slandering Prime
Minister Nikola Gruevski in a 2007 column and ordered to pay Gruevski
30,000 euros ($39,754) in damages. Frckoski's conviction became
effective in December 2009, and he was reportedly paying Gruevski in
installments. The NGO Reporters without Borders criticized the decision
as harmful to freedom of the press.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly, and the Government
generally respected this right in practice. In order to hold public
gatherings of any kind, organizers must notify the Ministry of Interior
so the venue can be made secure.
On February 16, a trial court acquitted three persons of failing to
provide proper security arrangements in connection with the March 2009
protests over the Government's plans to construct an Orthodox Church in
Skopje that turned violent. In addition the Ministry of Interior
charged 15 other participants, seven anticonstruction protesters and
eight proconstruction protesters, mainly for violating public order.
This group of 15 was tried in a separate trial by the court of
misdemeanors. On November 26, the court acquitted all 15 defendants.

Freedom of Association.--The law provides for freedom of
association, and the Government generally respected this right in
practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

Internally Displaced Persons (IDPs).--The Government reported 611
persons remained displaced from the 2001 internal conflict. Of these,
251 persons lived in collective centers, and 360 were lodged with host
families.
IDPs received basic assistance, mostly from the Ministry of Labor
and Social Policy, but had few opportunities for work due to the
country's high unemployment rate. The UNHCR assisted 12 IDPs to
regulate their civil status and identity documents.
During the year the Government encouraged IDPs to return to their
homes of origin in areas the authorities considered safe. Some IDPs
continued to assert that the Government did not provide adequate
support for the return process. Romani IDPs faced additional challenges
due to lack of documentation of tenancy for properties where they
previously resided.

Protection of Refugees.--The country's laws provides for the
granting of asylum or refugee status both to those individuals meeting
the criteria for refugee status and those meeting the criteria for
subsidiary protection. The Government has established a system for
providing protection to refugees.
The law meets most international and EU standards; however, it
contains exclusionary provisions for persons under subsidiary
protection which are not in compliance with the 1951 Refugee
Convention. The UNHCR submitted friend of the court brief to the
Administrative Court in two cases in which the Section for Asylum
ceased subsidiary protection on exclusion grounds, alleging that the
two refugees involved constituted a danger to national security. The
case involves two Roma from Kosovo who have lived in the country since
1999.
The law provides for protection of refugees and persons under
subsidiary protection in accordance with EU standards. During the year
the Government transformed the status of protection for persons
formerly granted ``asylum for humanitarian protection'' to ``asylum for
subsidiary protection'' in line with EU directives. UNHCR assessed that
there was no improvement in the refugee status determination mechanism.
During the year no asylum seekers were granted refugee status or
subsidiary protection.
The Government reaffirmed its commitment that it would not deport
failed asylum seekers from Kosovo and no such deportations took place.
The Ministry of Interior issued identification documents and temporary
residence permits to those whose applications for asylum the Government
rejected. The temporary residence permits were subject to extension as
individual circumstances warranted. The Administrative Court accepted
the appeals of 14 individuals and returned the cases for re-
adjudication. It rejected appeals in 24 cases. Although 17 appeals of
Administrative Court verdicts were submitted to the Supreme Court as
the second instance judicial body, it issued only two verdicts,
rejecting the appeals.
In December 2009 amendments to the law on asylum and temporary
protection came into force that significantly improved the quality of
national asylum legislation.
Delays in the identification and referral of new asylum seekers
persisted. The mechanism for appointing guardians to the asylum seekers
who were unaccompanied minors was a problem. The country continued to
experience an increase in arrivals of new asylum seekers from outside
the region, including 70 Afghans, 28 Palestinians, 22 Pakistanis, five
Eritreans, and 15 Somalis. There were no qualified interpreters in
Pashtun, Dari, or Arabic, which made identification and conducting
interviews very difficult. Most of these persons departed to unknown
destinations after applying for asylum. By the end of November, the
number of registered asylum seekers increased from 89 at the beginning
of the year to 162. Of these individuals, 67 were accommodated at the
Reception Center for Asylum Seekers in Vizbegovo.
The Government issued identity documents to all asylum seekers,
recognized refugees, and other persons under humanitarian protection.
There were some delays noted issuing identity documents to new asylum
seekers.
Through November seven rejected asylum seekers, refugees, or other
persons of concern from Kosovo obtained Macedonian citizenship.
In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion, or in which they would be subjected to torture or inhuman or
degrading treatment or punishment. However, one Nigerian asylum-seeker
was deported to a third country before the deadline for submitting an
appeal had expired. The UNHCR representation in Skopje ascertained that
his deportation, likely followed by an immediate deportation to his
country of origin, may have amounted to indirect refoulement.
By the end of November, 1,534 asylum seekers, refugees, persons
under subsidiary protection, and other persons of concern remained in
the country, most of them Roma from the 1999 conflict in Kosovo. UNHCR
continued to note progress in the return process of Roma to Kosovo,
which it facilitated on the basis of individual voluntary requests. As
of the end of November, 115 individuals returned to Kosovo. The
reconstruction of 13 houses in Kosovo was ongoing with the support of
local authorities and the international community.
In 2009 the country adopted the National Plan for Integration of
Refugees and Foreigners that focused on housing, education, health,
social protection, employment, and community development. In March the
Ministry of Labor and Social Policy assumed responsibility for social
protection of persons granted asylum. Rejected asylum seekers from
Kosovo continued to be assisted by UNHCR. An integration center that
provided vocational training to persons granted asylum operated with
the support of UNHCR. The funding for the housing component of
integration strategy remained a key concern.

Stateless Persons.--At the end of November, according to UNHCR
statistics, there were 426 effectively stateless long-term habitual
residents. There were 1,232 persons with documentation gaps who were
considered at risk of statelessness, the vast majority of whom were
Roma.
Progress was achieved in the reduction of persons effectively
stateless and at risk of statelessness. A total of 35 long-term
habitual residents were granted citizenship during the year, while 62
long-term habitual residents had applications pending. According to
UNHCR, 5,030 effectively stateless long-term habitual residents
acquired citizenship since 2004.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens with the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, generally free and fair, elections held on the basis
of universal suffrage.

Elections and Political Participation.--In March and April 2009,
the country held national presidential and municipal elections. The
OSCE characterized the elections as meeting most commitments and other
international standards but noted that intimidation of voters,
especially public sector employees, was a problem. In October 2009 the
Ministry of Justice began a pilot project in two municipalities,
Gostivar and Vinica, aimed at updating the voters' lists. An NGO which
participated in the project complained that the methodology that was
used was not defined, and the results were not presented to the working
group for discussion. At year's end, plans to examine the lists of the
remaining municipalities were announced.
Political parties could operate without restriction or outside
interference.
There were 41 women in the 120-seat parliament and two women in the
22-member Council of Ministers. The law requires gender diversity in
each political party's candidate list; at least one in every three
candidates must be of the gender opposite of the majority gender on the
list. None of the country's 85 mayors were women.
There were 29 ethnic Albanians, four ethnic Serbs, two ethnic
Vlachs, one ethnic Turk, one ethnic Rom, one ethnic Bosniak, and one
person formally declared as being of ``other'' nationality in the
parliament. There were eight members of minorities in the 22-member
Council of Ministers.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
officials often engaged in corruption with impunity.
There were several claims during the year of government
interference in high profile cases of ``abuse of office'' or ``misuse
of official position'' in order to threaten noncompliant government
officials or party members or to intimidate key opposition leaders. A
number of current and former government officials faced charges of
misuse of position or abuse of office, while other officials and
opposition leaders reported threats that they would face such charges.
Police and judicial corruption were problems. During the year the
Judicial Council removed four judges for unprofessional and unethical
conduct and initiated disciplinary action against 12 others.
On January 21, the Supreme Court reversed the 2008 embezzlement
conviction of the former governor of the National Bank of Macedonia,
Ljube Trpeski, and ordered a retrial. Authorities released Trpeski, who
was serving a sentence of four-and-a-half years, pending his retrial,
which authorities had not scheduled at year's end.
On January 29, the trial court acquitted three judges from Struga
who, along with 10 other persons, went on trial for embezzlement and
defrauding investors. The court convicted seven defendants and dropped
the charges against the remaining three. At year's end, the case
remained on defense appeal.
In April and September 58 individuals were convicted of bribery in
two separate trials. The court also convicted 40 of criminal conspiracy
related to the 2009 investigation into corruption of police and customs
officials by the Ministry of Interior. The court acquitted six
additional defendants of all charges. Prison sentences ranged from six
months to two years. The defendants were awaiting the decision of the
appellate court at year's end.
During the year retrials began for Vasil Tupurkovski, a former
deputy prime minister and director of the Agency for Reconstruction and
Development, who was convicted of corruption, and for former prime
minister and former minister of defense Vlado Buckovski, who was
convicted of abuse of office. Buckovski's retrial was ongoing at year's
end. Tupurkovski's retrial was scheduled to begin in early 2011.
On April 1, the trial began for one of four criminal cases returned
in 2008 by the International Criminal Tribunal for the Former
Yugoslavia (ICTY) to be tried in the country. for alleged war crimes
during the 2001 conflict. The prosecution charged 22 defendants, most
of them ethnic Albanians, with humanitarian crimes against a group of
civilian road workers from the municipality of Mavrovo. The case is the
only one of the returned ICTY cases that has gone to trial. The trial
was ongoing at year's end.
On June 11, the spokesperson of the Health Fund, Dejan Gacov,
resigned and stated that he was ``unwilling to continue the corrupt
policies of the Government'' which have ``bankrupted the Health Fund.''
Afterwards, pictures of Gacov in women's clothing appeared repeatedly
on the front page of a progovernment daily newspaper, presumably in an
effort to discredit his allegations.
Members of parliament and high-ranking public officials were
subject to financial disclosure and conflict of interest laws.
On June 24, the Anticorruption Commission filed misdemeanor charges
against 40 public officials for failing to submit financial and
conflict of interest statements. If convicted the officials could be
subject to fines ranging from 1,000 to 3,000 euros ($1,325 to $3,975).
The State Commission for the Prevention of Corruption
(Anticorruption Commission) was responsible for investigating charges
of corruption and complaints submitted by citizens. During the year the
commission received 457 complaints under the Law on Corruption
Prevention and the Law on Conflict of Interest Prevention and reviewed
a total of 1,342 complaints, which included some from the previous
year. The commission dismissed 675 complaints for lack of jurisdiction
and 250 complaints as unfounded. The commission also determined that
67complaints were duplicates, transferred 34 complaints to state organs
for further investigation, recommended criminal prosecution in 14
cases, and recommended disciplinary action in three cases.
On July 20, the director of the Money Laundering Prevention Unit,
Vane Cvetanov, resigned after the Anticorruption Commission alleged
that he had hired staff without the permission of the Government and
that he had misused funds. Cvetanov denied the allegations and accused
the prime minister and his closest associates of pressure, hypocrisy,
and unwillingness to fight serious corruption. No official charges have
been brought against Cvetanov to date.
On October 28, the parliament passed a Law on Prevention of
Corruption which will cut the term of office of the members of the
commission from five to four years and will make the members full-time
government employees instead of part-time employees. The commission
members opposed this law, claiming that making the members full-time
government employees would damage the independence of the commission.
The head of the commission said publicly that the Government wanted to
take control of the commission to prevent his continued investigations
into ministers and other members of the Government for corrupt or
unethical conduct. The Government denied these allegations and
maintained that the proposed law is in line with the country's 2009 EU
progress report, which recommended the commission members work full-
time.
During the year the chairman of the anticorruption commission
requested that the public prosecutor charge five current and two former
mayors with violating the law on public procurement. Each mayor was
involved in separate events in which public money was allegedly spent
without proper tendering and open calls for bids. At year's end, the
cases were under review by the prosecutor's office.
At year's end, the trial of the former director general of the
electric company, Pande Lazarov, whom authorities accused of taking
kickbacks and of money laundering, was ongoing. Lazarov was released on
bond pending the outcome of the trial.
In April 2009 an appeals court upheld the trial court's conviction
of the former director of the Public Revenue Office, Petra Miteva, for
abuse of official position and confirmed her sentence of three years in
prison. The Supreme Court overturned Miteva's original conviction in
January and returned the case to the appellate court for retrial. In
March the appellate court upheld the original conviction. A second
appeal to the Supreme Court was pending at year's end.
The law provides for public access to government information.
Implementation lagged, especially in respect to citizens' access to
court judgments and other court decisions.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings. Government officials were cooperative and
responsive to their views.
The Government cooperated with international governmental
organizations and permitted visits by representatives of the UN and
other organizations.
The ombudsman worked to protect citizens against infringement of
their rights by public institutions, to reduce discrimination against
minority communities and persons with special needs, to promote their
equitable representation in public life, and to address problems of
children's rights. The ombudsman has the right to visit all detained
persons and to report findings to the UN. Most complaints that the
ombudsman received concerned violations of judicial procedures; police
abuse; prisons; and labor, consumer, or property rights. The ombudsman
reported good cooperation and communication with the Government but
noted that, while government responses to its inquiries were usually
timely, they were often not substantive and at times lacked requested
information.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on gender,
race, disability, , religion, or national, social, or political
affiliation, and the Government generally enforced these prohibitions.
In April parliament passed a new antidiscrimination law, scheduled to
be implemented at the beginning of 2011 that protects against most
forms of discrimination. The new law provides for a seven-member
commission to review discrimination complaints, to issue
recommendations, and to promote the implementation of the law; however,
the commission has no power to punish offenders. The law provides for
fines ranging from 400 to 1,000 euros ($530 to $1,325), which courts
can issue against individuals or legal entities found guilty of
discrimination.

Women.--The law specifically prohibits rape, including spousal
rape; however, legal sanctions were not a significant deterrent. The
penalties for rape or forcible sexual assault range from one to 15
years imprisonment, but due to poor enforcement of the law, the
penalties, although sufficient, did not serve as a significant
deterrent. As with domestic violence, police and judicial officials
were reluctant to prosecute spousal rape, and many victims did not come
forward due to social stigma.
Domestic and other violence against women was a persistent and
common problem. Cultural norms, including victims' concerns over
possible shame to the family, discouraged the reporting of violence
against women and the filing of criminal charges. Domestic violence is
illegal, but authorities rarely enforced the law in practice.
There were three NGO-operated and seven limited-capacity government
shelters for women at risk, a national NGO-operated hotline, and two
crisis centers for temporary (24- to 48-hour) shelter for victims of
domestic violence. Local NGOs combating domestic violence relied
largely on international donors. The Government sponsored a public
campaign against domestic violence that uses well known women from
throughout society to raise public awareness of the issue.
A program implemented by the UN Development Program with the
Ministry of Labor and Social Policy that provides training to improve
professional skills and opportunities for self-employment for victims
of domestic violence was initiated. The program also provided payments
for a period of six months to companies that employed women who were
victims of domestic violence.
Sexual harassment of women in the workplace was a problem,
particularly in the private sector. The law prohibits sexual harassment
in the workplace. The criminal code provides a sentencing guideline of
three months to three years for sexual harassment. Authorities could
prosecute sexual harassment under the law, but victims have generally
not brought cases forward due to fear of publicity and possible loss of
employment. Although women remained underrepresented in the higher
levels of government and the private sector, there were several
prominent professional women in the public sector, including the
interior and culture ministers.
Couples had the right to decide freely and responsibly the number,
spacing, and timing of their children and means to do so free from
discrimination, coercion, and violence. Contraceptives were widely
available and affordable. Obstetric and postpartum care was available
at hospitals throughout the country and was accessible to expectant and
new mothers either through medical coverage provided to employed
persons through their employers or to unemployed persons through the
national welfare systems. According to recent UN estimates, the
maternal mortality rate in the country is nine deaths per 100,000 live
births. Women and men were equally diagnosed and treated for sexually
transmitted infections including HIV.
The Department of Gender Equality in the Ministry of Labor and
Social Policy was responsible for ensuring the legal rights of women.
There were gender commissions at the municipal council level.
Women from ethnic Albanian and Romani communities did not have
equal opportunities for employment and education due to traditional or
religious restrictions on their education and role in society. In some
Albanian communities, the practice of men directing voting (or voting
on behalf of female family members) disenfranchised women.

Children.--The law determines citizenship primarily by citizenship
of parents, but the law allows for acquisition of citizenship by birth
in the country's territory for a child found in the territory of
Macedonia with unknown parents, if authorities do not discover that the
parents are foreigners before the child reaches the age of 18. Births
of all children in hospitals and medical institutions are registered
automatically, and the law requires that all children, including those
born at home or elsewhere, be registered at magistrate offices within
15 days of birth. Some Romani families delayed registration of
newborns, making it difficult for these individuals to access
educational, medical, and other benefits later in life because they
lacked proper identity documents.
The country's schools suffered from chronic underfunding and
insufficient classroom space. Many schools offered classes in shifts,
usually divided along ethnic lines. Boys and girls generally had equal
access to education, although there were isolated instances of
discrimination against girls in educational institutions in some ethnic
Albanian areas.
Child abuse was a problem in some areas. The Center for Social Work
of the Ministry of Labor and Social Policy and the Department for
Juvenile Delinquency of the Ministry of Interior were responsible for
addressing child abuse. NGOs were also active in this area. There were
reports that Roma often organized their children into groups to beg for
money in public places.
An NGO operated a helpline and e-mail address for battered or
abused children. It conducted advertizing campaigns aimed at children
to promote the helpline.
Child marriage occurred in the Romani community and, to a lesser
extent, in the ethnic Albanian community, but it was difficult to
estimate numbers because child marriages were rarely registered.
According to 2008 data from the UN Children's Fund, there were
between 500 and 1,000 street children in the country; most of them
Roma. With international support, the Ministry of Labor and Social
Policy operated four day centers for street children.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.htm

Anti-Semitism.--The Jewish community estimated that 250 to 300 Jews
lived in the country. There were no reports of anti-Semitic acts.
Please see www.state.gov/g/drl/irf/rpt.

Trafficking in Persons.--For information on trafficking in persons,
please see the State Department's annual Trafficking in Persons Report
at www.state.gov/g/tip.

Persons With Disabilities.--Persons with disabilities faced
discrimination in employment, education, and access to health care and
other state services. The law requires persons with physical or mental
disabilities to obtain approval from a medical commission of the
Government to serve in supervisory positions in both the private sector
and the Government. The law does offer incentives to certain ``shelter
companies'' to provide employment for persons with disabilities, but
NGOs reported that restrictions on which companies qualified limited
employment opportunities for persons with disabilities. The new
antidiscrimination law, which passed in April, allows for those who
allege discrimination to submit their complaints to the Commission for
Protection Against Discrimination.
The law requires only that new buildings be made accessible to
persons with disabilities. Many public buildings remained inaccessible.
Inconsistent inspection resulted in construction of new facilities that
were not accessible for persons with disabilities.
Advocates stated that employers were reluctant to hire persons with
disabilities and that the difficulty of accessing educational and other
opportunities prevented the full integration into society of persons
with disabilities.
The Ministry of Labor and Social Policy is responsible for
integrating persons with disabilities into economic life and for the
payment of benefits. In practice disability benefits did not cover the
cost of living. Advocates indicated that employment and life-skills
training programs for persons with mental and physical disabilities
were very limited and did not contribute significantly to economic
integration.

National/Racial/Ethnic Minorities.--According to the 2002 census,
the population was 64.2 percent ethnic Macedonian, 25.2 percent ethnic
Albanian, 3.9 percent ethnic Turkish, 2.7 percent ethnic Roma, 1.8
percent ethnic Serbian, 0.8 percent ethnic Bosniak, and 0.5 percent
ethnic Vlach.
Relations between the ethnic Macedonian majority and the ethnic
Albanian minority were strained.
On April 28, security forces confiscated a large cache of weapons
after intercepting a group of militants along the border with Kosovo. A
group claiming to represent the ``National Liberation Army,'' the
ethnic Albanian militant organization which operated during the 2001
conflict, claimed responsibility. In a separate incident, on May 12,
security forces shot and killed four ethnic Albanian militants, three
from Macedonia and one from Kosovo, who were transporting explosives
and other weapons near the border with Kosovo (see section 1.a.).
Reports indicated that the actions of the security forces were
justified; however, interethnic tensions increased after these two
incidents.
Students from different ethnic groups usually studied in separate
classrooms, separate school shifts, or at separate facilities, either
due to linguistic differences or at their parents' request.
Ethnic Albanians continued to complain of unequal representation in
government ministries. Ethnic Macedonians often claimed that employers
targeted them for reverse discrimination in downsizing, regardless of
performance. Some ethnic Albanians claimed that discrimination in
citizenship decisions by the Ministry of Interior, which has authority
to grant, revoke, interrupt, or confirm a person's citizenship,
effectively disenfranchised them.
The law provides for protection of minority rights and integration
of all sectors of society. The Government has a secretariat to hold
accountable those state institutions that do not comply with the
strategy for equitable minority representation. According to the
secretariat, there were 800 new public administration jobs advertised
and 360 new jobs offered to ethnic minorities during the year. Data
from September showed that ethnic minorities accounted for
approximately 24 percent of employees of state institutions.
Minorities remained underrepresented in the military, despite
efforts to recruit qualified minority candidates. Minorities
represented 26 percent of the army while ethnic Albanians accounted for
18 percent.
The law provides for primary and secondary education in the
Macedonian, Albanian, Turkish, and Serbian languages. The number of
minority students who received secondary education in their native
languages continued to increase, especially after secondary education
became mandatory.
Ethnic Turks complained of discrimination. Their main concerns were
slow progress in achieving equitable representation in government
institutions, the absence of ethnic Turkish majority municipalities,
and the inadequacy of Turkish-language education and media.
Roma complained of widespread societal discrimination. NGOs and
international experts reported that employers often denied Roma job
opportunities, and some Roma complained of lack of access to public
welfare funds. Romani NGOs also reported that proprietors occasionally
denied Roma entrance to their establishments.
The Government funded implementation of the national strategy for
the Romani decade, including assistance with education, housing,
employment, and infrastructure development. The Government also
continued to fund Romani information centers that directed Roma to
educational, health care, and social welfare resources. Increased NGO
and government funding to eliminate barriers to education for Romani
students resulted in continued increases in school attendance rates.
For the 2009-10 school year, there were 13 percent more Romani students
enrolled in primary education and 26 percent more in secondary
education than during the previous school year.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There were two registered NGOs
addressing lesbian, gay, bisexual, and transgender (LGBT) issues.
Activists representing the rights of LGBT individuals reported
incidents of societal prejudice, including harassment and use of
derogatory language, including in the media.
The Government removed sexual orientation as a protected category
from the antidiscrimination law just before it was submitted to
parliament for a vote. NGOs, the media, and the international community
criticized the Government for the law's exclusion of sexual
orientation--a provision required for membership into the EU.
NGOs condemned the use of text books at the university and high
school levels that treated homosexuality as a disease and sexual
disorder. They complained that this increased societal discrimination
against members of the LGBT community.
On November 16, LGBT activists participated in a march in central
Skopje to mark the International Day for Tolerance. Two representatives
of the LGBT community addressed the crowd and reporters.

Other Societal Violence or Discrimination.--There were no reports
of societal violence and isolated reports of discrimination, in the
form of employment discrimination and impeded access to health care,
against persons with HIV or AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law provides for the right to
form and join independent unions without previous authorization or
excessive requirements and workers did so in practice.
Unions may freely register with the Central Registry of Macedonia.
More than 50 percent of the legal workforce belonged to labor unions,
and unions were particularly well represented in the public sector.
There were two major union federations, the Confederation of Trade
Unions of Macedonia (SSM) and the Confederation of Free Trade Unions
(KSS). Several unions were not affiliated with either of the two
confederations, including unions of journalists, police officers,
farmers, financial sector workers, and health care workers.
The law provides for the right to strike, and workers, including
civil servants, exercised this right in practice. The law grants
members of the military and police a restricted right to strike. During
a strike, the law allows employers to ``exclude'' or temporarily
release up to 2 percent of workers whom they believe are potentially
violent or engaged in ``undemocratic activity'' and are obstructing the
negotiations between the workers and the employer. The law requires
employers to pay the workers' benefits during the exclusion period and
to rehire them after the strike. The unions maintained that this
provision allows employers to exclude union leaders from negotiations
during a strike. If authorities declare a strike illegal, employers may
dismiss participants or sue them for damages.

b. The Right to Organize and Bargain Collectively.--The law allows
unions to operate without interference; however, the Government did not
always enforce these laws in practice. The law protects the right to
bargain collectively, and most unions had collective bargaining
agreements. The law, however, requires that trade unions represent 20
percent of workers in either the public or private sector, and 10
percent of employers in order to negotiate these agreements. Collective
bargaining agreements covered all legally employed workers for the
public or private sectors. Studies indicate that a significant number
of employees are not part of the legal workforce. Estimates of the size
of the gray economy fall between 15 percent and 40 percent of GDP.
The law prohibits antiunion discrimination; however, it existed in
practice. Employers were rumored at times to have interfered in the
internal affairs of unions by attempting to influence union election
campaigns or running their own candidates in the elections.
There is one export processing zone where two foreign-owned
companies operated and where several other companies were in the
process of building factories. There are no special laws or exemptions
from regular labor laws in the zone.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, forced
labor still occurred. Women and children were trafficked for commercial
sexual exploitation and forced labor in the service sector. Romani
children were especially vulnerable to trafficking for forced begging,
usually by family members, which often took place at busy
intersections, on street corners, and in restaurants.

d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws to protect children from exploitation in the workplace,
including a prohibition of forced or compulsory labor, and the
Government effectively enforced these laws in practice. The law
mandates a prison sentence of at least eight years for anyone who buys,
sells, keeps, or takes children or minors for the purpose of
exploitation.
The minimum age for employment is 15 years old. Children 14 years
of age can work as apprentices or as part of an official education
program. The law prohibits employing minors under the age of 18 years
old in work that is detrimental to their physical or psychological
health and morality. The law also prohibits minors from working nights
or more than 40 hours per week.
There were no official reports of illegal child labor during the
year; however, there was evidence that individuals used such labor in
the gray economy, primarily involving children who begged and sold
cigarettes and other small items at open markets, in the streets, in
bars, or in restaurants, sometimes at night. The children involved in
these activities were primarily Roma and most often worked for their
parents. Officials did not punish such violations, and children
remained vulnerable to exploitation.
The Ministry of Labor and Social Policy is responsible for
enforcing laws regulating the employment of children. Government
efforts to eliminate forced begging by children have been largely
ineffective; although the necessary laws were in place, there was
little practical implementation.
During the year the Ministry of Labor and Social Policy funded
three centers that provided education, medical, and psychological
services to children who beg on the street. NGOs funded two additional
centers for children in Skopje with support from the Government.
International donors supported programs to prevent children from
begging on the street and to increase school enrollment of children at
risk for such work.

e. Acceptable Conditions of Work.--The country does not have a
national minimum wage established by law. According to official
statistics, the average monthly net wage in June was 20,424 denars
($433), which did not provide a decent standard of living for a worker
and family. The Government statistics office estimated that
approximately 29 percent of the population lived below the poverty line
in 2008, the most recent year for which data were available.
The law establishes a 40-hour workweek with a minimum 24-hour- rest
period, and vacation and sick leave benefits. Employees may not legally
work more than 10 hours of overtime per week, 20 hours per month, or
190 hours per year. According to the collective agreement between the
Government and the unions, employees in both the public and private
sector have a right to overtime pay at 135 percent of regular pay. By
law collective agreements apply to all workers whether union members or
not. In addition the law entitles employees who work more than 150
hours of overtime per year to a bonus of one month's salary. However,
many employers hired workers without complying with the law. In
particular small retail businesses often required employees to work
well beyond the legal limits. During the year the Labor Inspectorate of
the Ministry of Labor and Social Policy filed complaints against
several private businesses for forcing employees to work long hours
without the breaks required by law and for not legally registering all
employees. In the case of such violations, labor inspectors have the
legal authority to close an establishment until the employer corrects
the violations. In cases of repeated violations, the owners can be
fined. During the year authorities temporarily closed more than 1,000
companies due to labor violations such as the employment of
nonregistered workers. No record of the number of employers fined was
available.
The Ministry of Labor and Social Policy did not strictly enforce
laws and regulations on worker safety. While workers have the legal
right to remove themselves from situations that endanger their health
or safety without jeopardy to their future employment, employers did
not always respect this right in practice.

__________

MALTA

Malta is a constitutional republic and parliamentary democracy with
a population of approximately 400,000. The president is the head of
state and is appointed by the unicameral parliament (House of
Representatives). The president appoints as prime minister the leader
of the party that gains a majority of seats in parliamentary elections.
General elections held in 2008 were judged free and fair. Security
forces reported to civilian authorities.
The Government reportedly detained irregular migrants under harsh
conditions. Lengthy delays in the judicial system sometimes diminished
individuals' due process guarantees, and there were some restrictions
on free speech. Societal problems included child abuse, trafficking in
persons, and substandard work conditions for irregular migrants.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
authorities detained irregular immigrants under harsh conditions for up
to 18 months during the review of their protected status. During the
year only 27 new migrants were received in the country and the vast
majority of irregular migrants previously held in detention centers
were released as their cases ``aged out.'' At year's end there were 78
persons held in detention. During the year the Office of the UN High
Commissioner for Refugees (UNHCR) continued to provide training for
authorities in handling detainees.
In 2008 authorities charged four prison wardens with assaulting and
seriously injuring a prisoner following his attempt to escape from a
government correctional facility. The case continued at year's end,
with no change in status.

Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, and the
Government permitted visits by independent human rights observers;
however, there continued to be reports of poor conditions in
government-run detention centers for irregular migrants.
As of July the prison population of 589 inmates consisted of 510
men, 39 women, and 40 juveniles (36 men and four women). Of the adult
prison population, 234 were foreigners, representing nearly 40 percent
of the total prison population. Approximately 61 percent of these
foreigners were of African descent.
Men and women were held separately. Juveniles were separated from
adults in most cases; however, first-time offenders were housed in the
same building as juveniles. Pretrial detainees were held together with
convicted prisoners, albeit with those incarcerated for lesser crimes
and shorter sentences. Due to a decrease in the number of detainees,
Lyster Barracks, one of the two migrant detention centers, was closed
during the year, leaving Safi as the only functioning closed center.
The reduced population also produced the result that issues associated
with overcrowding, such as poor ventilation and insufficient sanitary
facilities no longer represented significant problems.
Authorities permitted prisoners and detainees to submit uncensored
complaints to judicial authorities and to request investigation of
credible allegations of inhumane conditions. There are no political
prisoners held in the country.
The situation improved in many of the ``closed'' detention centers
as a result of the significant decrease in the number of migrants
entering the country. Toilet and kitchen facilities were also renovated
or built in some of the centers over the course of the year. As of
December the population in the closed centers had been reduced to the
point where only one remained open, housing approximately 75 migrants;
the population in the open centers dropped to 2,000.
The Government permitted occasional visits to its detention centers
by independent human rights observers, including foreign diplomats. In
January 2009 a mission of the UN Working Group on Arbitrary Detention
visited the country at the Government's request. Authorities granted
the mission access to the Safi and Lyster Barracks closed centers, the
Corradino Correctional Facility, the closed wards at Mount Carmel
Hospital, and to detention facilities at the Police General
Headquarters, the Valletta Police Station, and the Armed Forces of
Malta (AFM). The UN report, released in January, noted a number of
positive features of the institutions and laws in place to prevent
arbitrary detention; however, the delegation also suggested that the
detention regime imposed on irregular migrants arriving by sea was not
in line with international human rights law. The report noted that such
detainees remained for long periods in substandard conditions which,
particularly in the cases of the Safi and Lyster Barracks, were
described as adversely affecting the health, including the mental
health, of some detainees. It expressed particular concern over the
detention of migrants deemed vulnerable (e.g., minors, pregnant women,
and families with children).
During the year the Refugee Commissioner's Office expanded the
number of asylum determination officers to 10, which reduced to fewer
than 60 days the time migrants were required to wait for a
determination of status. Migrants who were found not eligible for
asylum or subsidiary protected status, or who were not otherwise deemed
to be vulnerable as a result of age, sex, health, or mental condition
or otherwise, were still required to remain in detention for 18 months.
The European Court of Human Rights (ECHR) has thus far declined to rule
such detention improper. Vulnerable migrants were moved to other
centers and provided with care appropriate to their conditions.
Migrants determined to be minors were placed under ``care orders'' that
resulted in their being moved to residential facilities and provided
with needed services, including education or training.
In March 2009 the NGO Doctors without Borders (MSF) suspended
activities at three detention centers for migrants on the grounds that
it could not ``offer adequate medical care'' in what were referred to
as ``appalling'' living conditions. Following MSF's departure,
authorities removed tent housing from the camps mentioned in the MSF
report and replaced them with trailer-type living facilities. They
rehabilitated the facilities at Lyster Barracks to include upgraded
toilet and kitchen facilities. The Government was also receptive to
donations of clothing and other materials, and to the continued
provision of educational assistance by outside groups, including NGOs
and a foreign embassy. In July 2009 MSF resumed its activities at the
Ta'Kandja closed center after discussions with authorities. By year's
end, however, MSF did not appear to be working in country, and
theTa'Kandja closed center was no longer in operation.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the police force, the security
service, and the armed forces, and the Government has effective
mechanisms to investigate and punish abuse and corruption. There were
no reported problems related to impunity within the police force or
security service.

Arrest Procedures and Treatment While in Detention.--With the
exception of irregular migrants, whom authorities almost always
detained for six to 18 months pending adjudication of any asylum
requests, an arrest warrant issued by a magistrate is generally
necessary to detain a person for questioning and may be issued on the
basis of reasonable suspicion. According to the constitution, police
must either file charges or release a suspect within 48 hours; in all
cases authorities must inform detainees of the grounds for their
arrest. Police generally respected these requirements in practice. As
of February, procedures related to the right of access to counsel prior
to interrogation changed. Accordingly during the 48-hour detention
period, generally including initial interrogation by police, arrested
persons were entitled to access to legal counsel prior to
interrogation, but not to family members. Once authorities filed
charges, pretrial detainees were entitled to access to counsel and
family. Authorities adjudicated applications for bail on a case-by-case
basis and normally granted them in the case of citizens. The UN Working
Group on Arbitrary Detention noted that ``the rules of release on bail
are not applied equally to Maltese citizens and foreigners alike.''
Foreign criminal defendants who insist on their right to a trial by
jury have in some instances been confined for more than two years
awaiting arraignment and trial.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.

Trial Procedures.--The constitution provides for the right to a
fair and public jury trial, and an independent judiciary generally
enforced this right. Defendants enjoy a presumption of innocence.
Trials are public and juries are used if requested by the defendant.
Defendants have the right to counsel of their choice or, if they cannot
afford counsel, to court-appointed counsel at public expense.
Defendants and their lawyers have access to government-held evidence
relevant to their cases. Defendants may confront witnesses and present
evidence; defendants enjoy a presumption of innocence and have the
right to appeal. All citizens enjoy these rights.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--During the year the ECHR
issued a total of four judgments that found a violation by the state of
obligations under the European Convention on Human Rights (the
convention). The judgments found two violations for lawful arrest or
detention and the right to a prompt trial, one violation for respect
for family life/privacy, and one violation involving protection of
property. The country complied only partially with ECHR decisions.
In one case, the ECHR ruled on July 20 that a wait of 28 months to
register a marriage performed in Russia violated the convention.
On July 27, in a case involving a detained migrant, the ECHR ruled
that the applicant had no effective remedy to challenge the legitimacy
of his detention within the legal framework supplied by the Government.
The ECHR awarded the applicant 12,000 euros ($16,080); the migrant was
still slated to be deported despite the ECHR recommendation of an
extension of his stay. By year's end the migrant had been deported to
Tunisia, and the Government had not yet made the payment ordered by the
ECHR.
In a case involving the rights to bail and a speedy trial, the ECHR
ruled that the Government was in violation of Article 5 of the
convention by failing to strike a balance between the administrative
regulations regarding conditional release on bail and the importance of
the right to liberty. Notwithstanding the ECHR ruling, the individual
involved was not yet released from prison at the end of the year.

Civil Judicial Procedures and Remedies.--The constitution provides
for an independent and impartial court in civil matters, including for
the determination of civil rights or obligations, and for access to a
court to bring lawsuits seeking damages for, or cessation of, a human
rights violation. Persons who have exhausted their right to appeal in
the national court system could apply to bring an alleged breach of
human rights covered by the European Convention on Human Rights before
the ECHR. Civil and judicial procedures for the exercise of this right
exist, and citizens regularly made use of them.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
Government generally respected this prohibition in practice.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and law generally
provide for freedom of speech and of the press; however, there are
restrictions on ``vilification'' of or ``giving offense'' to the Roman
Catholic Apostolic Religion, the country's official church. Also
illegal, but carrying a lesser punishment, is vilification of or giving
offense to any ``cult tolerated by law.'' It is an offense to utter
publicly any obscene or indecent words or make obscene acts or gestures
or in any other way offend public morality, propriety, or decency.
According to the newspaper Times of Malta, the home affairs minister
told parliament in October that, in the first three months of the year,
authorities initiated criminal proceedings against 162 persons for
public blasphemy; they began similar proceedings against 621 persons
during 2008.
The independent media were active and expressed a wide variety of
views without restriction. International media operated freely, and
there was no indication of reprisals against individuals for either
public or private criticism of the Government.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom.
The law restricts cultural activities that publicly vilify the
Catholic Church and other religions tolerated by law.
In February 2009 the Board of Film and Stage Classification
prohibited production of the Anthony Neilson play, Stitching, on the
basis that it was blasphemous and obscene. The production company,
Unifaun Theater Company, instituted legal proceedings against the
prohibition. In June the Constitutional Court upheld the banning of the
play as lawful and in accordance with Maltese and European law. The
production company stated that it would appeal the verdict, but there
was no change in status at year's end.
In March 2009 authorities arrested, tried, and gave a suspended
one-month prison sentence to a man convicted of giving offense to the
Roman Catholic Apostolic Religion by dressing as Jesus Christ during
February carnival festivities in the village of Nadur. In July
exhibition organizers at the Gozo Arts Festival in Gozo, the second
largest of the Maltese islands, prohibited the exhibition of some
paintings by Macedonian painter Aleksandar Stankovski for being too
lewd and disrespectful. The incident was followed by a peaceful march
in the capital city by the Front Against Censorship later on in the
month. There were no reported incidents.
In October 2009 the University of Malta authorities deemed an
article in a student publication on campus, Il-Realta, ``vulgar.'' In
January the police filed criminal charges both against the
publication's editor and the author. At year's end the case had not yet
come to trial.

b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, see the 2010 International Religious Freedom Report at
www.state.gov/g/drl//irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government generally cooperated with the UNHCR and other
humanitarian organizations in providing protection and assistance to
refugees, asylum seekers, stateless persons, and other persons of
concern. However, irregular migrants were subject to mandatory
incarceration while their immigration status was under review.
The constitution prohibits forced exile, and the Government did not
employ it.

Protection of Refugees.--The law provides for the granting of
asylum or refugee status, and the Government has established a system
for providing protection to refugees.
In practice the Government consistently provided some protection
against the expulsion or return of refugees to countries where their
lives or freedom would be threatened on account of their race,
religion, nationality, membership in a particular social group, or
political opinion. In addition migrants not qualifying for refugee
status, but from countries to which their return would be unsafe as a
result of war or other conditions, were granted subsidiary protected
status, which permitted their stay in the country on a year-to-year,
renewable basis.
In July Maltese and Libyan patrol boats responded to a distress
call from a vessel of Somali migrants; 28 of the rescued migrants were
taken to the country and the remaining 27 were believed to be returned
to Libya. This was reportedly the first time Libyans and Maltese
vessels cooperated in a rescue operation. The Government announced that
the 27 migrants who returned to Libya did so voluntarily. Both the
UNHCR and a local NGO, the Jesuit Refugee Service (JRS), questioned
official government assertions that the migrants who returned to Libya
did so voluntarily, and the case produced considerable controversy. The
migrants who were brought to the country consisted of 22 men, five
women and a baby. The baby and his mother were initially taken to a
hospital before being transferred to an ``open center'' where they
could come and go freely once medical clearance was granted. All other
migrants were held at the Safi Barracks ``closed center,'' where they
could be held for up to 18 months, unless granted asylum or some other
protected status earlier.
The issue of how the migrants were divided between Libya and Malta
remained controversial, with one rescued migrant claiming his wife was
one of those returned to Libya while the AFM denied the claim. Senior
AFM officials maintained that all efforts were made to take potential
humanitarian cases, claiming that in three instances when individuals
indicated that family members were aboard the Libyan boat, these
relatives were reportedly transferred to the AFM boat. Meanwhile, NGOs
expressed their ``grave concern'' about the fate of the migrants who
were returned to Libya and whether half the migrants had in fact
volunteered to return.
The country, as an EU Member State and a member of the Schengen
Zone, followed laws and policies established by those bodies related to
safe country of origin and transit.
Authorities detained irregular migrants for up to 18 months after
they arrived in the country, generally in closed detention centers. The
length of the procedure was reportedly related to the need to establish
the migrant's identity, country of origin, etc., since migrants nearly
always arrived without identity documents. Such migrants could file
asylum claims within two months of their detention; however, they
remained in detention while their cases were processed.
According to the UNHCR, migrants spent an average of six months in
detention in 2009. Due to a decrease in traffic, this dropped to two
months during the year. Detainees also included persons who did not
apply for asylum and those whose asylum applications and appeals were
rejected or were under review. Individuals awaiting decisions on their
cases occasionally protested their detention or attempted to escape
from detention centers. Within days to weeks of their initial
detention, authorities usually moved ``vulnerable individuals,'' such
as children, pregnant women, elderly persons, and parents with infants,
to ``open centers,'' where they were free to come and go. The armed
forces are responsible for the management of the closed detention
centers and report directly to the Ministry of Justice and Home
Affairs, while the Agency for the Welfare of Asylum Seekers (AWAS), a
part of the Ministry of Justice and Home Affairs, has responsibility
for the welfare and accommodation of persons transferred from detention
centers to open centers. Individuals were not required to stay in open
centers if they could find other accommodations.
Authorities released all detainees whose cases were not resolved
within 18 months, whether or not police had arranged to repatriate
them. They were permitted to remain in the country, allowed to stay in
``open centers,'' and given work permits. EU law prohibited them from
travelling to other EU countries, and they were not eligible to bring
family members to the EU. They were eligible for voluntary repatriation
programs, but most did not choose to participate. There were no
significant changes to this general pattern, although there was a
drastic drop in migrant arrivals during the year. As of year's end,
there were approximately 2,000 migrants living in three open centers.
Overcrowding continued to persist at the country's largest migrant
housing center in Marsa. Friable asbestos was present in one of the
common areas. In other centers, high temperatures in the summer months
and inadequate ventilation in tent housing and prefabricated housing
units contributed to uncomfortable living conditions. In the winter
months, tent housing had limited heating and rain could penetrate the
not fully waterproof fabric.
Detainees had reasonable access to visitors and were permitted
religious observance. The Government prevented Muslim detainees at the
Hal-Far migrant center from using a megaphone to gather the faithful
for the call to prayer, indicating that community religious facilities
were available and the establishment of a de facto religious facility
inside the center was inconsistent with its policy. While the call to
prayer was not prohibited, use of a megaphone at a particular location
in order to assemble individuals for prayers was.
The Government improved the ``open center'' facilities, where the
majority of migrants found themselves at year's end. With EU funding,
the Government built new kitchen and hygienic facilities at the Hal-Far
center. All migrants have moved out of the hangars and into portable
homes.
The Government provided asylum to 41 applicants as of October. In
addition 157 individuals were granted subsidiary protection; 321 were
granted temporary humanitarian protection, 314 of whom had had their
applications rejected earlier, had exhausted all asylum request
possibilities, but had been in the country for a number of years
because they could not be returned to their countries of origin. From
2004 onward, most asylum seekers were from Ethiopia (28); in 2009, most
were from Syria (7). In every year most of those granted subsidiary
protected status or other humanitarian protected status have been from
Somalia--3,743 overall and 1,445 in 2009. From January through June,
the Government provided ``subsidiary protection'' to 128 persons not
legally entitled to asylum.
Beneficiaries of subsidiary protection, introduced in 2008 with the
implementation into domestic law of an EU Council directive, were
entitled to remain in the country; move freely; be granted personal
identification documents, including a one-year renewable residence
permit; and obtain travel documents in emergency situations. They could
be employed, subject to labor market considerations; receive core
social welfare benefits; seek appropriate accommodations; and benefit
from integration programs, public education and training, and essential
medical care, especially in the case of vulnerable persons. Their
dependents, if in the country when the status was conferred, enjoyed
the same rights and benefits. However this status does not provide
family reunification, a path to citizenship, or other benefits of
refugee status under the 1951 Convention relating to the Status of
Refugees.
The Government also provides ``temporary humanitarian protection''
as an administrative procedure in special and extraordinary cases in
which applicants are found not to be eligible for asylum or subsidiary
protection but are considered to be in need of protection for special
humanitarian reasons. This protection was provided to seven persons
from January through June.
Protected persons can access the labor market, free state health
care, and public schooling. If they reside in an open center, they are
also entitled to free accommodation, the services offered by staff
within the centers and, if unemployed, an allowance of 130.48 euros
($174.84) every four weeks to cover daily expenses.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens with the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--In 2008 the country held
parliamentary elections that observers considered to be free and fair.
In June 2009 the country held elections to the European Parliament that
were considered free and fair.
Political parties operated without restriction or outside
interference.
There were six women in the 65-seat parliament and two in the 14-
member Cabinet of Ministers. Approximately 13 percent of senior
government officials were women, and three women held ambassadorial
rank. There were two female judges and six female magistrates. None of
the country's six members of the European Parliament was a woman.
There were no members of minorities in the Government.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented these laws effectively. There were
isolated reports of government corruption during the year.
In June a woman was sentenced to one year's imprisonment suspended
for two years (whereby the sentence would not be imposed if the
individual did not violate the law during the following two years).
Charges included corrupting a public official in a case related to
social benefits recipients.
In August there were reports that police officers of the
Administrative Law Enforcement Division accepted bribes to tip off
hunters of impending police action to enforce hunting laws. This report
was under investigation by the Police Commissioner, and one police
officer was charged officially with accepting a bribe. The case
continued at year's end.
There were regular allegations in the press that the contract for
the extension of the Delimara power plant was awarded to one of the
competitors in a manner contrary to normal competitive bidding
processes. The European Commission (EC) engaged the Government on the
allegation and requested an explanation of the bidding process. The
Government provided its explanation to the EC in July, and the outcome
of the EC's review was pending at year's end.
In November 2009 a court found former chief justice Noel Arrigo
guilty of accepting money to reduce the sentence of a drug trafficker,
of trading in influence, and of revealing official secrets. He received
a prison sentence of two years and nine months. Arrigo indicated he
would appeal the verdict and the sentence.
Government officials are subject to financial disclosure laws; the
court has the right to order financial disclosure, depending on its
judgment of the circumstances. The police and the Permanent Commission
against Corruption were responsible for combating official corruption.
According to the Press Act, the Government is to establish
procedures to give representatives of the press information to help
them ``fulfill their public tasks.'' However, the scope of this mandate
has not been defined and no implementing legislation (regulation) has
been enacted. Access to government information in certain specified
areas, generally dealing with matters of public interest, security or
ongoing court proceedings, was excluded from this requirement. For
government activities in areas not subject to disclosure under the
Press Act, there was no legal entitlement to government-held
information; however, authorities generally provided access. A freedom
of information law enacted in 2008 is gradually entering into force. A
newly established Information and Data Protections Commission, the
regulatory agency responsible for implementing the act, began issuing
initial directives establishing the scope of its jurisdiction.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating human
rights cases. Government officials were cooperative and generally
responsive to their views. The Government cooperated with UN and other
international bodies.
The country has an ombudsman who is empowered to investigate
complaints about the activities of governmental bodies, including
activities that affect human rights and issues that concern prisoners/
detainees. The ombudsman only investigates complaints when
administrative or judicial remedies are not available. When the
ombudsman concludes that a complaint is wholly or partly justified, he
submits recommendations to the public entity responsible for undoing
the harm the complainant suffered. The ombudsman has no power to force
acceptance of any recommended remedy; however, most of his
recommendations were accepted. The president appoints the ombudsman
with the consent of two-thirds of the members of parliament.
The House of Representatives' Standing Committee on Foreign and
European Affairs and Standing Committee on Social Affairs have
responsibilities for human rights issues. Both committees are made up
of members from both sides of the House of Representatives who
collaborate closely on issues related to the committees' respective
responsibilities. The committees generally held open hearings and their
deliberations were normally a matter of public record unless a hearing
was closed for security reasons. There was generally full debate on
issues before the committees. The committees generally had a reputation
of integrity and credibility, with legislation enacted in the areas
under their purview enjoying widespread public support.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, gender,
disability, language, or social status, and the Government generally
enforced these prohibitions effectively.

Women.--Rape, including spousal rape, is a criminal offense, and
the Government effectively prosecuted such crimes. The crimes of rape,
spousal rape, and indecent assault carry sentences of up to 10 years in
prison. Rape was not perceived to be a widespread problem. However,
there were convictions for rape during the year.
From January through June 2009 the police domestic violence unit
received 208 reports of domestic violence. The law makes domestic
violence a criminal offense, and the Government effectively enforced
the laws prohibiting it. Penalties ranged from three months to 20 years
in prison. Some NGOs and victims' assistance advocates asserted that
domestic violence was underreported, primarily because of concerns by
women that they would not be believed or protected by law enforcement
personnel.
A special police unit and several voluntary organizations provided
support to victims of domestic violence. There was a hotline to assist
victims of abuse through counseling and shelter referrals. The
Government also supported victims through the Ministry for Social
Policy. A government-supported shelter for women and children was in
operation throughout the year; the Government also provided financial
support to other shelters, including one operated by the Catholic
Church.
Sexual harassment is unlawful and punishable by a 2,329-euro
($3,121) fine, six months' imprisonment, or both.
The Government recognized the basic right of couples and
individuals to decide freely and responsibly the number, spacing, and
timing of their children. Health clinics and local health NGOs operated
freely in disseminating information on family planning. There were no
restrictions on access to contraceptives. There was a free and
effective government health program that provided for prenatal and
postnatal care and delivery, as well as other related medical services.
The maternal mortality rate was low; a UN interagency group estimated
the 2008 maternal mortality rate to be eight deaths per 100,000 women.
Men and women received equal access to diagnosis and treatment for
sexually transmitted infections, including HIV.
Women have the same legal rights as men, including, but not limited
to, family and property law. Redress in the courts for sexual
discrimination was available. The Ministry for Social Policy and the
National Commission for the Promotion of Equality were responsible for
gender equality and focused on broader integration of women into
society and advising the Government on the implementation of policies
promoting equality of women and men.
The constitution prohibits discrimination based on gender. This
prohibition was generally enforced in practice.
Women constituted a growing proportion of graduates of higher
education and of the workforce. However, they were underrepresented in
management and generally earned less than their male counterparts.
According to second quarter statistics for the year, the unemployment
rate for women was 8.1 percent compared with 6.2 percent for men.
Figures on the wage disparity between women and men differed
moderately: the National Commission for the Promotion of Equality
indicated that for 2008, men were paid 17 percent more than women in
comparable jobs. The European Foundation for the Improvement of Living
and Working Conditions (Eurofound) reported in March that the hourly
pay gap was 2.4 percent. According to Eurostat, between the end of 2008
and the end of 2009, the latest period for which statistics were
available, the female employment rate rose from 36.3 percent to 37.2
percent, while the male employment rate decreased from 73.5 percent to
71.5 percent.

Children.--Citizenship generally is derived from one's parents,
although some specific applications of the law can be complex. While
specific data on access to health care and education for stateless
children was not available, according to the local UNHCR
representative, there were no reports that education and healthcare
were denied to children.
In 2009 the Child Protection Service of Appogg, the social welfare
services arm of the Ministry for Social Policy, received 1,053
referrals of possibly abused children, up from 854 in 2008. The
service's total case turnover for 2009 was 1,194, down from 1,256 the
previous year. There were 697 new and reopened cases, up from 464 in
2008. In 2009 courts convicted a number of persons for the sexual abuse
of minors. During the year 60 persons were charged, and 20 were
convicted for such offenses. Some observers speculated that an increase
in the legal drinking age from 16 to 17 resulted in significantly fewer
minors' being in potentially predatory situations.
Several individuals claiming to have been abused by clerics
consistently claimed that authorities did not pursue cases of alleged
sexual abuse of children by Catholic clerics unless a parent or adult
filed a formal complaint. They alleged authorities instead allowed the
church to handle the matter internally. Once a complaint was filed,
however, authorities followed the same police investigative and
judicial procedures as for other such complaints.
Statutory rape is punishable by three to six years in prison. The
minimum age of consent is 18. Rape committed by violence carries a
penalty of imprisonment for three to nine years, with or without
solitary confinement. Creation of child pornography is prohibited and
punishable by imprisonment from one to five years (up to eight years in
special circumstances). Possession of child pornography is also
prohibited and punishable by imprisonment not exceeding three years.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--There were isolated reports of anti-Semitic acts
during the year. The Jewish community numbered approximately 120
persons. No specific incidents were observed or reported, apart from
unspecified insults yelled at the Israeli Foreign Minister during a
June visit. Police protected the Foreign Minister, but no demonstrators
were arrested.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits both the public and
private sectors from discriminating against persons with disabilities
in employment, education, health care, access to goods and services,
housing, and insurance, and the Government effectively enforced these
provisions. As of the end of September, the National Commission for
Persons with Disabilities (NCPD), the agency responsible for
enforcement of this law, was working on 113 discrimination complaints
pending from previous years. During the year ending in September 2009,
the NCPD opened investigations into 130 new cases and satisfactorily
concluded 137.

National/Racial/Ethnic Minorities.--The population included more
than 10,000 persons of Arab, African, and East European origin. There
continued to be reports that owners of some bars and discos
periodically discouraged or prohibited darker-skinned persons,
particularly of African or Arab origin, from entering their
establishments. The Government took no specific action to discourage
these problems.
In June 2009 authorities charged a bouncer at a popular
entertainment area with causing a serious injury followed by death
after a Sudanese migrant whom he allegedly hit in the face died of head
trauma. The case was ongoing at year's end.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--In June the Malta Gay Rights
Movement staged a weeklong series of events during Gay Pride Week with
no reported interference or harassment. The events culminated in a gay
pride march supporting the adoption of antidiscrimination measures,
including better access to goods and services and extending to lesbian,
gay, bisexual and transgender (LGBT) couples the same rights as other
family units. The country's antidiscrimination laws regarding sexual
orientation only extend to the area of employment. Same sex couples do
not have legal recognition or parenting or adoption rights.
In October 2009 the Malta Gay Rights Movement hosted the
International Lesbian and Gay Association-Europe Conference with an
estimated 300 participants from 48 countries. It also freely carried
out other public activities.

Other Societal Violence or Discrimination.--There were no reports
of discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The constitution allows workers to
form and join unions of their choice without previous authorization or
excessive requirements, and workers did so in practice. The law does
not allow uniformed military and police personnel to join unions.
Approximately 55 percent of the workforce was unionized. The law allows
unions to conduct their activities without interference, and the
Government protected this right in practice. Workers, with the
exception of uniformed military and police personnel, have the right to
strike, and during the year they exercised this right by conducting
legal strikes. The labor law provides for compulsory arbitration;
however, this provision was not employed during the year.

b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining, and it was freely practiced.
Employees without the right to strike or join unions participated in
associations, such as the police association, through which they sought
to protect their interests. According to the European Industrial
Relations Observatory (EIRO) online, as of 2008, all 40,600 public
sector employees were covered by collective bargaining agreements
together with 26.7 percent of the 103,055 private sector employees.
During the year there were no reports of antiunion discrimination
or other forms of employer interference in union activities.
There are no special laws or exemptions from regular labor laws in
the country's one export processing zone.

c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced or compulsory labor, including by children; however,
there were reports that women were trafficked, primarily from abroad,
for purposes of forced commercial sexual exploitation.
For information on trafficking in persons, please see the
Department of State's annual Trafficking in Persons Report at
www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in
the workplace, and the Government generally implemented these laws
effectively; however, there were unverified reports that underage
children worked as domestic laborers, restaurant kitchen help, or
vendors, and during the summer in family-owned businesses.
The law prohibits the employment of children younger than 16. The
director general of the directorate for educational services may grant
an exemption for employment only after determining that it would not
harm the health or normal development of the minor. Such exemptions
were granted in practice. No legal work was specifically restricted;
however, any work to be performed could not be regarded as harmful,
damaging, or dangerous to a young person.
The Employment Training Corporation (ETC), a government entity
under the Ministry for Social Policy, is responsible for labor and
employment issues. It generally enforced the law effectively in most
formal sectors of the economy but allowed summer employment of underage
youth in businesses operated by their families.
No assessment was available of the effectiveness with which the ETC
monitored the often unregistered employment of children as domestic
employees, restaurant workers, and street vendors.

e. Acceptable Conditions of Work.--The national weekly minimum wage
of 152.59 euros ($204), combined with an annual mandatory bonus of 270
euros ($362) and the latest cost-of-living increase of 242 euros ($324)
(automatically adjusted annually), provided a decent standard of living
for a worker and family. Following consultations with workers and
employers, the Government established the minimum wage, which it
revises annually based on changes in the cost of living.
Irregular migrant workers from Somalia, Eritrea, Sudan, and other
sub-Saharan African countries, who comprised a small but unquantifiable
percentage of the workforce, sometimes worked under conditions that did
not meet the Government's minimum standards for employment. In 2008 the
General Workers' Union (GWU) issued a report documenting what it termed
the ``exploitation'' of migrant workers. The general secretary of the
GWU told a press conference that such workers were often employed in
the most hazardous occupations, such as road construction and highway
refuse cleanup, where traffic and environmental conditions posed a
danger, and in the building construction trades, where accidents such
as collapses might occur. In many cases migrants received less than the
minimum wage. In 2008, AWAS (then called the Organization for the
Integration and Welfare of Asylum Seekers), in coordination with the
ETC, established informational programs to help individuals understand
how to pursue employment and obtain work permits. The GWU and AWAS
believed that the programs were beneficial, but there was no data to
validate this assessment.
In 2009 the Government ended an assisted voluntary return program
called ``Dar'' (Maltese and Arabic for ``Home''), through which
irregular migrants who volunteered to leave the country could receive
free rail or air fare to their country of origin, plus 5,000 euros
($6,700). The program successfully repatriated 112 immigrants, the
majority from Ghana, Nigeria, and Sudan. The Dar program was replaced
by an 80-percent EU-funded program called ``Restart I,'' administered
for the Government by the International Office of Migration (IOM).
Restart provided 200 euros ($268) cash, and up to 2,000 euros ($2,680)
toward education or business start-up costs, as well as additional
educational preparation toward a migrant's return. Restart I
repatriated 29 migrants to their countries of origin. ``Restart II''
was launched at the beginning of the year and was scheduled to last
until June 2011. As of year's end, 19 returnees had benefited from the
program. The IOM set a goal of 100 returnees by the middle of 2011.
The standard workweek was 40 hours, but in certain occupations,
such as health care providers, airport workers, and civil protection
services, 43 or 45 hours was the norm. Government regulations provided
for a daily rest period, which is normally one hour, and one day of
rest per week. Premium pay is required for overtime. Excessive
compulsory overtime is prohibited, and workers cannot be obligated to
work more than 48 hours, inclusive of overtime. The Ministry of Social
Policy generally enforced these requirements effectively in the formal
economy.
The Occupational Health and Safety Authority (OHSA), a government
entity composed of representatives of the Government, unions, and
employers, conducted regular inspections at work sites and cited a
number of offenders. Enforcement of health and safety standards
continued to be uneven; industrial accidents remained frequent,
particularly in the manufacturing, and building and construction
sectors. Workers have the right to remove themselves from situations
that endangered health or safety without jeopardizing their employment,
and OHSA generally enforced this right.

__________

MOLDOVA

Moldova\1\ is a republic with a form of parliamentary democracy.
The country has an estimated population of 3.56 million, including an
estimated 600,000 to one million citizens living outside of the
country. The constitution provides for a multiparty democracy with
legislative and executive branches, as well as an independent judiciary
and a clear separation of powers between them; however, under the
previous government led by the Party of Communists (PCRM), which was in
power until September 2009, the president heavily influenced the three
branches of government. In July 2009 parliamentary elections, four
opposition parties won enough seats to establish a governing coalition,
known as the Alliance for European Integration (AEI), which entered
office in September 2009. On November 28, the country held
parliamentary elections that international observers stated met most
Organization of Security and Cooperation in Europe (OSCE) and Council
of Europe (COE) commitments. On December 30, the Liberal Party (PL),
Democratic Party of Moldova and the Liberal Democratic Party of Moldova
(PLDM) announced the formation of a second AEI coalition government.
Security forces reported to civilian authorities.
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\1\ Unless otherwise noted, all references in this report exclude
the secessionist region of Transnistria.
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There were reports of police beatings, arbitrary detention by
police, and occasional illegal searches. Corruption within the police
and judiciary remained endemic. The Government unduly influenced the
media, intimidated journalists, restricted freedom of assembly, and
refused official registration to some religious groups. There were also
reports of persistent societal violence; discrimination against women;
trafficking in persons; discrimination against Roma; harassment and
abuse of lesbian, gay, bisexual, and transgendered (LGBT) individuals;
limits on workers' rights, and child labor. In contrast to the previous
year, there were no reports of killings by security forces. During the
year reports of government exercising undue influence over the media
substantially decreased.
In 1990, fearing a newly independent Moldova would unite with
Romania and that the Russian-speaking population would suffer political
and economic discrimination, separatists supported by Soviet military
forces declared a ``Transdniester Moldovan Republic'' (Transnistria) in
the area along the eastern border with Ukraine. The central government
lacked ability to exercise its authority in the region, and
Transnistrian authorities governed through parallel administrative
structures. A 1992 ceasefire agreement established a tripartite
peacekeeping force comprising Moldovan, Russian, and Transnistrian
units. In Transnistria, authorities restricted the ability of residents
to freely change their government and interfered with the ability of
Moldovan citizens living in Transnistria to vote in Moldovan elections.
Torture, arbitrary arrests, and unlawful detentions were regularly
reported. Transnistrian authorities continued to harass independent
media and opposition lawmakers; restrict freedom of association,
movement, and religion; and discriminate against Romanian speakers.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--In contrast with the
previous year, there were no reports that the Government or its agents
committed arbitrary or unlawful killings.
On May 10, a parliamentary commission concluded that police were
likely involved in the deaths of Valeriu Boboc, Ion Tibuleac, and Eugen
Tapu, all of whom died during the postelection demonstrations in April
2009.
On March 23, Chisinau mayor Dorin Chirtoaca stated that a source at
the Ministry of Interior had provided him with new information on the
April 2009 violence. According to this source, on the night of April 6-
7, 2009, deputy police commissioner Serghei Cociorva ordered
approximately 60 plainclothes officers to arrest all persons who were
in the area of the demonstrations. On April 1, Chirtoaca released
videotaped footage of the April 6-7, 2009 demonstrations, taken from
closed circuit television cameras mounted in the area. The tape showed
former deputy police commissioner Iacob Gumenita and inspector Ion
Perju kicking protestors lying on the pavement in front of the main
government building. Based on the new evidence, police arrested Perju
on April 6 and charged him with the murder of Boboc. At year's end,
Perju remained under house arrest, and criminal charges remained
pending.
On April 20, prosecutors charged former interior minister Gheorghe
Papuc and former police commissioner Vladimir Botnari with criminal
negligence related to handling the protests and subsequent abuse during
interrogation of those detained; both men pleaded not guilty, and the
case was ongoing at year's end. On April 30, police arrested Gumenita
on charges of misuse of power; at year's end, he remained under house
arrest.
In April prosecutors announced a criminal investigation into the
death of Ion Tibuleac, an anticommunist protester allegedly killed by
police during the postelection demonstrations. The investigation
remained pending at year's end.
In April, after reassessment of the medical forensic examination
materials, prosecutors concluded that Tapu's death was not linked to
the April 2009 events. According to the examination report, Tapu died
two to three weeks before the discovery of his body on April 15. The
parliamentary commission's contradictory finding on May 15 did not
prompt prosecutors to reopen their investigation.
In the separatist region of Transnistria, there was at least one
report of an alleged killing during the year. According to local
authorities, on May 22, Alexandru Stomati, a Ukrainian citizen and
member of the Transnistrian armed forces, committed suicide. After
conducting its own investigation, local nongovernmental organization
(NGO) Promo-Lex filed a claim with the European Court of Human Rights
(ECHR), noting that Stomati had suffered premortem injuries to both his
head and his upper back, which were inconsistent with authorities'
account of the suicide.

b. Disappearance.--There was one allegation of a politically
motivated disappearance during the year. On the morning of November 23,
former intelligence service head Artur Resetnikov appeared at a
hospital with PCRM leader and former president Voronin, two other PCRM
leaders, and a film crew. Resetnikov alleged that he had been kidnapped
from downtown Chisinau, that his captors injected him with psychotropic
substances, and that they demanded information designed to discredit
Voronin. According to a local police station, officers received a
report at 1:45 a.m. on November 23 that Resetnikov had been attacked
just over an hour earlier on a suburban street. Resetnikov publicly
claimed, however, that he had been kidnapped at 4:00 p.m. on November
22 from a downtown Chisinau bar, although no witnesses came forward to
confirm Resetnikov's version of events. Resetnikov declined to meet
with criminal investigators for an additional six hours, while he slept
and spoke to the press, and refused examination by doctors or to
identify the place on his body where he allegedly was injected with
psychotropic drugs. The documents that Resetnikov claimed that he was
forced to sign compromising Voronin did not surface, and Resetnikov
declined to reveal what subjects the documents covered. Prosecutors
announced an investigation into the incident, which was proceeding at
year's end.
A previously reported case of a possible politically motivated
disappearance was resolved during the year. In February 2009 police
arrested Gheorghe Ionel, mayor of Vorniceni village and a member of the
then opposition party, Our Moldova Alliance (AMN), on charges of
abusing his authority; the Straseni District Court subsequently
acquitted him. While the judge was reading the acquittal, police
surrounded the courthouse and forced their way into the courtroom.
During the commotion, Ionel disappeared, and his whereabouts remained
unknown until March when he reappeared and resumed his duties as mayor.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices; however, police used
cruel and degrading arrest and interrogation methods and guards beat
prison inmates. According to a Soros Foundation study released in
December, approximately 27,000 persons over the past five years (or
15percent of total inmates) reported beatings by police. According to
the parliamentary ombudsman, the frequency and severity of such acts
decreased compared with previous years. Under the law, inhuman
treatment carries a sentence of eight to 15 years' imprisonment, and
torture carries a sentence of 16 to 25 years in prison. Coercing an
individual to testify is punishable by up to three years' imprisonment;
if such coercion involves cruel, inhuman, or degrading treatment, it is
punishable by three to eight years' imprisonment. Torture inflicted by
an official to punish, intimidate, or obtain information from a person
is punishable by two to five years' imprisonment.
NGOs reported that while courts were somewhat more open to hearing
allegations of torture, victims still frequently lacked access to
effective judicial remedies. At times courts declined to hear their
complaints, and long delays in the legal process caused some
petitioners to abandon their claims. Victims carried the burden of
proving that they had been mistreated, which was difficult, since
prisoners often remained in detention for months before having access
to courts. By the time they were able to appear in court, the physical
evidence of abuse had disappeared.
NGOs reported that prosecutors were more active during the year in
investigating complaints of police torture, although the number of
complaints dismissed by prosecutors remained high. In January
prosecutors reported that of 131 complaints of police torture or
degrading treatments in 2009 (not connected with the April 7 to 8
violence), 45 were dismissed, 24 led to criminal investigations, and
two cases were sent to court. In November, the Prosecutor General
established a specialized antitorture prosecutor in each region. During
the year the Prosecutor General's Office established hotlines for
victims of torture, which provided legal counseling over the telephone.
Local and international NGOs reported widespread incidents of abuse
and torture of persons detained after the April 2009 demonstrations.
During the year a commission charged with investigating the events of
April 7 held hearings, interviewed witnesses, and reviewed over 200
hours of videotape before presenting its report to parliament. On July
8, parliament officially took note of the report and instructed
government institutions to act on the report's recommendations.
Parliament recommended that the Prosecutor General's Office: verify
allegations of electoral fraud in April 2009; determine whether the
actions of state security officials to withdraw from their assigned
locations at and around the parliament building were legal; review
allegations of cyber attacks and take action against persons found
responsible; verify the lawfulness of Ministry of Interior transfers of
administratively sanctioned persons to temporary detention facilities
in regional police directorates; and investigate all cases of torture,
degrading, and inhumane punishment against arrested and detained
persons.
Based on the commission's recommendations, parliament further
recommended that authorities ensure the rehabilitation of protest
victims--including both police and civilians--and implement the COE's
Committee for the Prevention of Torture (CPT) recommendations regarding
the transfer of temporary detention facilities from Interior Ministry
to Ministry of Justice authority.
In January an unidentified officer in Balti ordered a drunken man
brought to the police station. Upon his arrival, the officer punched
and kicked the man, causing minor injuries. In July a court found the
officer guilty of using violence and torture, sentenced him to three
years' probation, and prohibited him from holding any positions in the
Interior Ministry.
In March 2009 police arrested Ivan Orlioglo, Ivan Caracet, Dmitrii
Covic, and Vitalii Orlioglo for armed robbery and assault. All four men
reported that after their arrest, police subjected them to repeated
beatings, and two of the men alleged that police beat them with plastic
bottles filled with water. The Orlioglo brothers also stated that they
were suffocated; Ivan Orlioglo said that investigating officers taped
his mouth and then repeatedly plugged his nose. Both Caracet and Ivan
Orlioglo claim that they had guns put to their temples and were
threatened with execution to coerce a confession. This information
became part of the official court transcript. On June 30, a court
convicted the four men of all charges against them, with sentences
ranging from 10 to 13 years. The judge admitted into evidence the
testimony of all four defendants without addressing their allegations
of physical abuse. However, the judge called attention to multiple
serious ``infractions'' by investigating officers which, ``although
they did not affect the outcome of the case, demand adequate
compensation.'' Because of these violations, the judge reduced the
sentence of each defendant by three years. According to Amnesty
International (AI), authorities took no action to investigate further
the torture allegations.
According to the CPT, during its late-April 2009 visit, authorities
were investigating 99 cases of alleged police abuse related to the
April 2009 demonstrations. At the time of the CPT's return visit in
July, prosecutors had not initiated criminal charges against any
members of the police. After the Government came to power, prosecutors
initiated 106 investigations of alleged police torture and other
abuses. Through these investigations, prosecutors pursued 46 criminal
cases against police officers, including 26 cases involving torture; 12
cases of abuse of power; and other cases involving charges of murder,
attempted murder, and attempted kidnapping. Through August authorities
had charged 40 police officers in 24 separate criminal cases with
crimes related to the April demonstrations; two were convicted during
the year. During the year an additional 25 investigations were
suspended and six were closed.
On December 14, a court in Chisinau convicted police officers
Gheorghe Vutcariov and Alexandru Mocanu of physically abusing and
unlawfully arresting a young man in connection with their actions
during the April 2009 protests. Vutcariov, of the Chisinau General
Police Directorate, was sentenced to five years in prison, with a five-
year suspension and deprivation of the right to hold office for two
years for ``abuse of power'' and ``false statements in public
documents.'' Mocanu, a member of the ``Scut'' Regiment, was sentenced
to two years in jail, with a five-year suspension and deprivation of
the right to hold offices for ``abuse of power.''
In 2008 the UN special rapporteur on torture stated that police
abuses remained common, and prosecutors, judges, medical staff, and
staff at penitentiaries failed to investigate allegations of
mistreatment and torture promptly. Alleged torture methods included
severe beatings, electroshock, asphyxiation through oxygen deprivation
while wearing gas masks, and putting needles under fingernails. In his
February 2009 report, the rapporteur acknowledged some improvements by
the Government but also noted the widespread prevalence of mistreatment
of prisoners in preventive detention and the continued use of torture
by some police. The rapporteur also noted that complaint mechanisms
were inefficient, that a statute of limitations impedes justice in
torture cases, and that in a majority of cases prosecutors refused to
allow independent medical examinations.
In January 2009 the Chisinau Court of Appeals reinstated charges
against Sergiu Perdeleanu, chief of security at the Cricova
penitentiary, for allegedly torturing inmates in 2008, but downgraded
those charges from a criminal to an administrative offense. The
military prosecutor disagreed with the decision and appealed it to the
Supreme Court. In May 2009 the Supreme Court annulled the appeals
court's decision and ordered the case retried by a different judge in
the same court. In September 2009 prosecutors ordered the initiation of
criminal proceedings against Perdeleanu. In December 2009 the Court of
Appeals found Perdeleanu guilty and sentenced him to three years in
prison. On June 15, the Supreme Court upheld the appeals court's
judgment and sentence.
According to an ombudsman's report released in March, authorities
received 6,027 complaints of torture or inhumane and degrading
treatment allegedly committed by government officials in 2009,
representing a significant increase over previous years (1,075
complaints in 2008 and 1,289 in 2007). In 693 cases, authorities
initiated criminal investigations: 208 cases alleging acts of torture,
438 alleging acts of violence and exceeding authority, and 47 alleging
acts of inhumane and degrading treatment. Of the number of cases under
investigation, 383 defendants were convicted. The prosecutor's office
failed to begin an investigation in 5,334 cases, citing a lack of
evidence. Prosecutors completed the investigation and issued
indictments on 293 criminal cases. At year's end, 400 cases remained
pending.
The report also noted that authorities with the power to
investigate allegations of police abuse frequently failed to do so. For
example, in October 2009 a person identified as C.S. was transferred to
Prison No. 13 with a concussion and lesions on his face. He explained
that an officer at the Straseni detention facility, identified as
Lieutenant-Major C.M., had struck him in the face. Authorities delayed
the prisoner's petition against the officer who allegedly struck him;
they only investigated the incident and charged the officer with
torture after the intervention of the ombudsman. Those charges remained
pending at year's end.
In September 2009 during a visit to Prison No. 13, the ombudsman
reported that detainees complained of psychological pressure from other
detainees and intimidation from prison authorities, including the
imposition of unjustified disciplinary sanctions to force them to
withdraw their testimony in the criminal case against Perdeleanu. The
ombudsman requested that the Ministry of Justice and prosecutors take
all legal measures necessary to protect the witnesses.
During the year the Ministry of Justice allotted 400,000 lei
($33,380) to renovate five cells (occupied by 19 minors) and a
gymnasium at Prison No. 13 in Chisinau, in accordance with EU
standards. In response to recommendations from the EU, on April 26,
authorities closed all solitary confinement cells in which minors had
previously been held for breaching internal regulations.
On November 29, a military court in Chisinau acquitted former
Contract Lieutenant Alexandru Botezatu of the Ministry of Defense Guard
Battalion of charges of abuse of power and use of excessive force
against soldiers in his charge but fined him 3,000 lei ($250). On
December 3, prosecutors appealed against the sentence as too lenient.
That appeal was pending at year's end.
During the year the ECHR issued judgments that found violations by
the state of the prohibition against torture and protections against
inhuman or degrading treatment as provided by the European Convention
on Human Rights (see section 1.c.).
In the separatist region of Transnistria, former detainees alleged
they had been subject to torture and mistreatment in detention centers.
According to the NGO Promo-Lex, approximately 90 detainees in a
Tiraspol pretrial detention center began a hunger strike on October 10
to protest ``cruel, degrading, and inhuman treatment'' that included
arbitrary detention, torture, and denial of medical care and legal
assistance. Promo-Lex reported the holding of many of the detainees for
more than six months without a court hearing, and some relatives
claimed that they had not been able to visit detainees or deliver food
packages.
During the year prisoners in Transnistria undertook hunger strikes
but gained no concessions from authorities. One such prisoner, Iurie
Matcenco, was arrested in September 2009 on suspicion of fraud and was
beaten while in custody. He filed a complaint with the ECHR on February
19; on March 15, the court admitted his case. Matcenco alleged that the
Transnistrian intelligence agency forced him to undergo a mock
execution, and that both police and intelligence officers beat him
during his detention.
On April 1, the ECHR accepted the case of Boris Mozer, who was
arrested in March 2009 for allegedly damaging telephone company
property. Told of his plans to raise his case with the ECHR, prison
authorities told Mozer that ``it will be worse for you if you
complain.'' On July 1, Mozer was released on parole.
In Transnistria the closed military court system regularly ignored
reports of alleged hazing and abuse of conscripts in the Transnistrian
``army.'' There were unconfirmed reports that Transnistrian authorities
drafted men who had already completed mandatory military service in the
Moldovan armed forces. According to NGOs, the treatment of conscripts
improved slightly during the year: food was reported to be better and
parents were allowed to visit their conscripted sons. In contrast with
previous years, there were no reports of conscripts being forced to
march and run in boots that were several sizes too small. However,
reports of hazing continued, and officers warned conscripts not to harm
the army's reputation by reporting it.
Transnistrian military authorities continued to restrict
information on deaths of conscripts, although there were reports of at
least two such deaths during the year. One conscript allegedly killed
himself by jumping from a third-floor window. On January 21, Serghei
Verbitskii was found dead in a trailer used by Transnistrian soldiers
working in the kitchen facilities of a military unit. Verbitskii died
due to a fire reportedly caused by a short circuit. On January 30, the
Transnistrian Military Prosecutor's Office stated that military
commanders violated local legislation that forbids housing soldiers in
facilities other than barracks. The Military Prosecutor's Office
mentioned that similar violations occurred very often in Transnistria.
No further developments in this case were reported by year's end.
The law provides for four parliamentary ombudsmen who make up the
independent Moldovan Human Rights Center (MHRC). Parliament appoints
the ombudsmen to examine claims of human rights violations, advise
parliament on human rights problems, submit legislation to the
Constitutional Court for review, and oversee MHRC operations. MHRC
personnel also provided training for lawyers and journalists, visited
prisons, made recommendations on legislation, and organized roundtable
discussions. Between January 1 and December 16, the MHRC registered
1,686 complaints of human rights violations: 389 concerned personal
security and dignity, 403 concerned social assistance and protection,
139 concerned free access to information, and 70 involved the right to
work. The MHRC provided assistance from its own resources, if possible,
and referred other cases to authorities.

Prison and Detention Center Conditions.--Prisons and pretrial
detention facilities around the country continued to fall far short of
meeting international standards. While conditions in most prisons,
including those in Transnistria, remained harsh, authorities reduced
overcrowding and improved nutrition in prisons under the control of
central authorities in Chisinau. According to the ombudsman, the number
of persons imprisoned decreased during the year, primarily because of
increasing use of alternatives such as house arrest and fines.
Conditions were particularly harsh in pretrial and presentencing
facilities, but, in contrast with previous years, suspects were
generally held for fewer than 10 to 20 days.
According to the 2009 ombudsman's report, conditions in the 38
pretrial detention facilities did not improve significantly. Pretrial
facilities, located mostly in the basement of the police stations,
generally lacked access to natural light; artificial light was
described as being mediocre or poor. In some facilities, ventilation
systems were nonexistent. A number of pretrial facilities also lacked
toilets and sewage systems. At the Chisinau General Police Station,
inmates generally were allowed to shower once a week but were not
provided soap. According to the ombudsman, sleeping conditions were
inadequate; for example, detainees were offered wooden bunks, but
pillows or bed sheets were not provided.
Prisons did not provide for recreational activities. Cell sizes did
not conform to local law or international standards. The incidence of
malnutrition and disease, particularly tuberculosis, was high in all
prisons.
In October the total number of prisoners and pretrial detainees was
10,415, with 4,111 inmates in prisons and 6,304 persons in pretrial
detention centers. The country maintained a maxim prison capacity of
5,860 and a maximum detention center capacity of 8,580. There were 320
women and 87 juvenile prisoners serving terms in Moldovan
penitentiaries.
Of the country's 18 penitentiaries, two were recently renovated,
and conditions in those prisons were significantly improved compared
with the 16 facilities that had not been renovated. The ombudsman
reported that overcrowding in unventilated spaces, lack of timely
access to healthcare, and poor sanitation continued to be the norm in
the other 16 penitentiaries. In all penitentiaries, the ombudsman noted
poor relations between prison authorities and prisoners.
The UN special rapporteur on torture visited the country during the
year, but was denied access to individual detainees. In a February 2009
report detailing his previous visit, the rapporteur noted that police
kept most detainees in custody for several weeks or months; they often
returned to pretrial detention facilities only when physical signs of
torture were no longer visible. In the Transnistrian region, prisoners
transferred by police were packed in poorly ventilated vans and were
often held in such conditions for hours. Prisoners with diseases, such
as tuberculosis, were routinely held with healthy prisoners.
The commissioner's medical expert observed that the records of
injuries kept in the detention facility at the General Police
Directorate in Chisinau were extremely cursory and superficial, in
contrast to the prison and hospital medical records. A CPT delegation
also noted deficiencies in the recording of injuries at police
establishments in a report on its 2007 visit to the country.
According to the Center for Human Rights and the Moldovan Institute
for Human Rights, complaints received from prisoners and detainees did
not show evidence of censorship by prison authorities.
Generally, detainees were permitted religious observance.
Official discrimination based on an inmate's health condition was a
common problem, and at least one HIV-positive inmate was the victim of
such discrimination during the year (see section 6).
The ombudsman monitored the observance of human rights and
fundamental freedoms in public institutions, including prisons. The
ombudsman has the right to inspect, publicize, and recommend actions;
and publish results of investigations.
The Government permitted independent monitoring of prison
conditions by local and international human rights observers, and
prison officials generally allowed observers to interview inmates in
private. Representatives of international organizations and embassies
were allowed to visit detainees that had been arrested after the April
2009 demonstrations, but they were able to do so only several days
after the arrests. The Government cooperated with the International
Committee of the Red Cross (ICRC) and permitted visits to prisoners in
accordance with the ICRC's standard practices.
In July 2009 a CPT delegation visited the country. The delegation
visited the temporary detention facility of the General Police
Directorate, as well as the Centru and Ciocana district police stations
in Chisinau. It also had a series of interviews, including at Prison
No. 13, with alleged victims and potential witnesses of police abuses;
it examined in detail a number of relevant investigation files.
During its 2009 visit, the CPT noted that the practice of holding
remand prisoners in police temporary detention facilities continued
unabated. The CPT found that detention cells did not offer suitable
conditions for holding persons remanded in custody. While the CPT noted
that cells in the Chisinau General Police Directorate had been fitted
with beds and that some repair works carried out a few months before
the visit, it found that overall conditions in the facility were still
not suitable for the prolonged periods that prisoners and
administrative detainees were being held. These conditions included
high official occupancy levels in the cells (for example, four places
in a 10 square yards cell), poor lighting in cells, and access to
outdoor exercise limited to 15 minutes.
Although there were no juveniles being held at the time of the
visit, police staff working at the General Police Directorate informed
the delegation that juveniles may be detained together with a carefully
chosen adult (for example, a first offender or former police officer).
Transnistrian civil society representatives complained that it was
extremely difficult to gain access to Transnistrian detention
facilities. Moldovan lawyers were denied access to clients in
Transnistrian prisons unless accompanied by a local Transnistrian
attorney. Conditions in those facilities were grave, particularly in
the Tiraspol prison. Sick and contagious prisoners shared quarters with
healthy prisoners.
In July a CPT delegation visited the Transnistria region. On July
22, as the delegation was preparing to visit Prison Colony No. 3 in
Tiraspol, Transnistrian authorities informed the delegation that the
CPT would not be allowed to interview remand prisoners in private. The
delegation ended its visit in protest of this restriction.

d. Arbitrary Arrest or Detention.--While the law prohibits
arbitrary arrest and detention, authorities did not observe these
prohibitions in practice.
A parliamentary ombudsman employed by the Government regularly
visited various places of detention, including police stations and
detention rooms at psychiatric hospitals, railway stations, and the
Chisinau airport. The ombudsman found that many arrestees were not
registered in logbooks, and railway police arbitrarily arrested
citizens before their trains departed and released them after their
trains left the station. Police at the airport often detained travelers
for document checks and then released them without explanation. Most of
the persons placed in detention at police stations were arrested for
petty crimes, insulting police, or for document checks, although they
were carrying valid documents. During the year the ombudsman reported
some improvements in registration of prisoners; however, the practice
continued.
On April 20, the ECHR ruled in favor of Oleg Brega, a local
Chisinau journalist, who in 2008 staged a silent protest outside the
main government building in connection with his brother's arrest and
detention a few days earlier. Police officers approached Brega and
arrested him for disturbing public order, while he filmed the
encounter. A local court subsequently acquitted him on the basis that
Brega was arrested and detained on false grounds, as it could be seen
from his video that he had neither resisted arrest nor insulted the
police officers. Brega alleged that the verbal and physical abuse to
which he was subjected before and during his arrest, and the poor
conditions of his subsequent detention, including lack of access to
medical care, constituted inhuman and degrading treatment. He also
alleged that his detention for 48 hours without legal basis further
violated his rights. The court agreed, and ordered authorities to pay
Brega 8,000 euros (approximately $11,200) in nonpecuniary damages.
On April 7, Transnistrian authorities arrested local journalist
Ernest Vardanean and Transnistrian tax official Ilie Cazac and charged
them with espionage. On June 25, and on subsequent occasions during the
year, the OSCE expressed concern that the two were deprived of the
right to choose their own legal counsel, the right to be represented by
counsel of their own choice at pretrial detention hearings, and the
right to contact their families. In addition, the OSCE criticized the
televised airing of an alleged confession by Vardanean and noted that
the confession was made in the presence of security officers. On
November 3, the Transnistrian newspaper Novaya Gazeta carried a report
quoting a letter from Stella Surkichan, Cazac's mother, who wrote that
during the arrest, officers planted some papers and a flash drive on
her son and that he was severely beaten and forced to sign papers
afterwards. ``He was questioned for 10 to 15 hours in a row with no
food, water, or toilet. He was threatened by long jail terms and
reprisals against his family.'' She quoted her son as saying that,
during a visit by the head of the OSCE mission to Moldova, he was
instructed to lie on behalf of the State Security Ministry. On December
16, Vardanean was sentenced to 15 years' imprisonment for ``high
treason'' by Transnistrian authorities.
The ombudsman reported instances during the year in which police
rearrested previously acquitted individuals and detained them for
unspecified short periods.

Role of the Police and Security Apparatus.--The national police
force is the primary law enforcement body. It is subdivided into
regional and city police commissariats, which are subordinated to the
Ministry of Interior.

Arrest Procedures and Treatment While in Detention.--The law allows
judges to issue arrest warrants based on evidence from prosecutors.
Authorities must promptly inform detainees why they were arrested and
describe the charges against them. Suspects may be detained without
charge for 72 hours. The ombudsman noted several cases during the year
in which police records contained no mention of the arrest of prisoners
who were in jail, thereby allowing authorities to extend detentions
beyond the 72-hour limit.
Once charged, a detainee may be released pending trial. The law
provides for bail, but it was rarely utilized and the system did not
function well. Authorities generally did not authorize bail for
detainees accused of violent or serious crimes.
Detainees have the right to a defense attorney, but at times, this
right was restricted. Authorities generally did not grant detainees
access to a lawyer until 24 hours after being detained. Police often
told persons that they were witnesses in a case, questioned them
without a lawyer present, and subsequently detained them as suspects.
Detainees were often informed of the charges against them without a
lawyer being present. The Government required the local bar association
to provide representation to indigent defendants, but did not reimburse
lawyers for legal fees. Consequently, poor defendants often did not
have adequate counsel.
The law permits pretrial detention for up to 30 days. The courts
may extend pretrial detention for up to 12 months, depending on the
severity of the charges. Pretrial detentions lasting several months
were common.

Amnesty.--The Government generally granted amnesty to persons
sentenced to less than four years in prison; as a result, such persons
often served no jail time for their offenses.
On July 1, acting president Mihai Ghimpu pardoned a group of
convicts condemned for various offences, including two with
disabilities. When examining the pardon requests, the reviewers and
pardoning officials took into consideration the character and extent of
the social threat of committed crimes; the offender's behavior and
attitude towards work in prison, as well as participation in social
activities within detention facilities; family status; and the term of
punishment.
On March 23, Transnistrian leader Igor Smirnov signed a decree
granting a mass pardon, commutation, or amnesty to hundreds of inmates.
More than 900 persons benefitted from the amnesty, including those who
had served in the 1990-92 conflict with Moldova, persons convicted of
lesser crimes, disabled and ill inmates (including those suffering from
tuberculosis, HIV, and cancer), mothers, and single parents.

e. Denial of Fair Public Trial.--The law provides for an
independent judiciary; however, there were reported instances of
government officials failing to respect judicial independence in
practice. Official pressure on judges and corruption remained problems.
There continued to be credible reports that local prosecutors and
judges asked for bribes in return for reducing charges or sentences,
and observers asserted that judges sometimes faced political influence.
Political factors also played a role in the reappointment of judges.
According to Freedom House, judges were appointed and promoted based on
subjective and nontransparent factors. Younger judges, who held initial
five-year appointments, were particularly vulnerable to influence by
the executive branch. According to the 2009 EU progress report, the
Government continued to fall short in its implementation of judicial
system reforms.
In 2007 the Government instituted a judicial code of ethics and
created the new position of inspector judges, who are responsible for
investigating and reporting cases of judicial misconduct or ethics
breaches to the Supreme Council of Magistrates. Inspector judges
referred 15 cases against 17 judges in 2008 and 25 cases against 27
judges in 2009. In 2009 the council issued warnings to eight judges,
issued ``severe warnings'' to three, and dismissed one; the council
dismissed the complaints against the remaining 13 judges.
According to the American Bar Association's (ABA) 2009 Judicial
Reform Index, the establishment of a judicial administration department
within the Ministry of Justice constituted an attempt by the executive
branch to exert control over the judiciary's finances. The ABA also
described the Judicial Administration Department as understaffed,
ineffective, and lacking the capacity to oversee adequately the
administration of the judiciary. While the department was responsible
for developing the annual draft budget after consultations with the
courts, in 2009 the Superior Council of Magistracy presented the
proposed judiciary budget directly to parliament without consultation.
The judiciary consists of lower courts, courts of appeal, and the
Supreme Court of Justice. A separate Constitutional Court has exclusive
authority in cases relating to the constitutionality of draft and final
legislation, decrees, and other governmental acts. Most outside
observers have assessed the Constitutional Court as the only court that
was reasonably fair and objective. By law the Prosecutor General's
Office is autonomous and answers to parliament. It is responsible for
overseeing criminal investigations, filing charges, and protecting the
rule of law and civil freedoms. Prosecutors have discretion to close
cases before they reach trial for lack of sufficient evidence, but the
injured party can appeal this decision to an investigative judge. This
discretion gives prosecutors considerable influence over the judicial
process, and NGOs asserted that political influence continued to play a
role in some prosecutions.
The military court system, which operated independently of the
civilian courts, also suffered problems with corruption and
inefficiency similar to those of the civilian courts. The jurisdiction
of military courts extends to crimes committed by active duty, reserve,
and retired military personnel. Military courts can also try civilians
for crimes committed against military personnel.

Trial Procedures.--The law provides that defendants in criminal
cases are presumed innocent; however, in practice, this presumption had
little effect. On some occasions, judges' remarks jeopardized the
presumption of innocence. NGOs expressed concern that the practice of
keeping defendants in handcuffs and metal cages during court
proceedings went beyond what was necessary to secure public order and
failed to ensure the presumption of innocence.
Cases are presented to a judge or to a panel of judges. Defendants
have the right to a lawyer, to attend proceedings, to confront
witnesses, and to present evidence. The law requires the local bar
association to provide an attorney to indigent defendants. The practice
of appointing temporary defense lawyers without allowing them to
prepare adequately was common and infringed upon the right to legal
assistance. Prosecutors occasionally used bureaucratic maneuvers to
restrict lawyers' access to clients but they generally allowed defense
attorneys access to the evidence. The law provides a right to appeal
convictions to a higher court.
According to a 2008 OSCE report, based on a six-month project that
monitored thousands of hearings in hundreds of criminal cases at all
levels of the justice system, legal guarantees of a fair trial
functioned only partially. Although the law provides for defendants to
have an interpreter, the OSCE observed a shortage of interpreters, a
lack of knowledge of legal terminology, and a tendency to mix Romanian
and Russian terms. Nearly 40 percent of court interpreters did not
translate in a fully satisfactory manner. The OSCE also noted that
judges at times ordered proceedings to be conducted in Russian,
although some participants complained they could not understand the
language.
The OSCE noted that proceedings were often not open to the public;
court facilities were inadequate; and a large number of judges,
prosecutors, and defense lawyers failed to treat victims and witnesses
with respect.
Implementation of the witness protection law was inconsistent.
During the year AI reported several cases of Transnistrian authorities
disregarding trial procedures, and noted that, in practice, defendants
in Transnistria were denied access to a fair trial.
In 2007 Transnistrian security services arrested Alexandr Alimpiev,
former Transnistrian justice minister and former president of Tiraspol
municipal court, and charged him with accepting a bribe, insulting a
law enforcement officer, and resisting a search warrant. He remained in
detention until his 2008 conviction, at which time he was sentenced to
seven years' imprisonment. In 2009 authorities released Alimpiev
without a formal review of this sentence. AI noted that authorities
infringed his right to a fair trial on several occasions, censored his
correspondence with his attorney, and subjected him to ``precarious''
conditions of imprisonment, despite being ill.

Political Prisoners and Detainees.--In contrast with the previous
year, there were no reports of political prisoners.
According to AI, since the change of government in September 2009,
national authorities had discontinued the practice of fabricating
criminal cases for political ends.

Regional Human Rights Court Decisions.--During the year the
Government paid 14.2 million euros ($19 million) in damages for cases
lost at the ECHR. In 2009 individuals and advocacy groups lodged 3,400
complaints against the Government. The most common complaints concerned
alleged violations of due process.
On January 5, the ECHR ruled in favor of a local company, Bucuria,
which alleged that the judiciary failed to notify the company of a
lawsuit brought against Bucuria by a former employee, nor did it notify
the company of subsequent proceedings in the case. The court awarded
Bucuria 1,000 euros ($1,340) in nonpecuniary damages.
On May 18, the ECHR ruled in favor of Liuba Anusca, whose son was
performing military service in 2004 when he was found dead under a tree
with a broken cord around his neck, the other end of which was tied to
a branch. Military prosecutors investigated and ruled the death a
suicide. Prosecutors subsequently reopened and closed the investigation
several times before concluding in 2008 that no crime had been
committed. While the ECHR found no reason to doubt the finding of
suicide, it expressed concern that civilian prosecutors had considered
it necessary to intervene three times, ordering the military prosecutor
on each occasion to reopen the investigation and conduct further
inquiries into significant issues. The total time of three years and
seven months until the investigation finally concluded could not be
justified by its complexity or any objective difficulties, and the
court awarded Anusca 8,000 euros ($10,700) in damages.
On July 13, the ECHR found in favor of Vladimir Parnov, who claimed
that he was subjected to police brutality in 2005 when he was arrested
and detained on charges of possession and sale of marijuana. Parnov was
acquitted of the charges in 2007. The court agreed that the
investigation into his abuse allegations was inadequate, and awarded
him 9,000 euros ($12,000) in nonpecuniary damages and 800 euros
($1,070) in costs.
On September 14, the ECHR ruled in favor of the NGO Hyde Park,
ruling that arrests and fines for demonstrations in 2007 constituted
unlawful interference with their right of peaceful assembly.
According to the local NGO Lawyers for Human Rights, during the
year national authorities became significantly more likely to execute
the decisions of the ECHR, resulting in payment of applicable penalties
to victims. Court decisions against district level governments and
municipalities frequently remained unexecuted, because these entities
lacked the funds to pay judgments levied against them. In the past,
judgments against private parties were nearly impossible to execute,
given widespread corruption and the lack of resources and oversight in
the country's bailiff system. To improve the situation, beginning on
September 10, the Government began issuing licenses to private bailiffs
who would operate on retainer. According to the Justice Ministry, the
situation had not been in place long enough for an assessment of its
effectiveness by year's end.

Civil Judicial Procedures and Remedies.--The law provides for
citizens to seek damages in civil courts for human rights violations.
Under the constitution, the Government is liable when authorities
violate a person's rights by administrative means, fail to reply in a
timely manner to an application for relief, or commit misconduct during
prosecution. Judgments awarded in such cases were often small and not
enforced.
The mediation law establishes an alternative mechanism for
resolving civil and criminal cases voluntarily between parties and
establishes rules for the status of professional mediators. However,
the country still lacked an implementation mechanism. Observers noted
that a lack of financial resources and institutional capacity were the
main impediments to implementing the law.

Property Restitution.--While the law provides for the restitution
of property and compensation for victims of political repression, the
Government often failed to provide funds to the commissions established
to receive these petitions; as a result, the commissions lacked funds
to provide payments to victims. In Chisinau, where authorities
allocated approximately six million lei ($575,000) for compensation, no
commission existed to make payments. Applicants must prove a direct
causal connection between political repression and the seizure of their
properties to receive restitution.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions; however, the
Government did not respect these prohibitions in practice.
It was widely believed that law enforcement authorities, including
the Interior Ministry, prosecutors, the Prosecutor General's Office,
and the Security and Intelligence Service, continued to conduct illegal
searches and wiretaps. Under the law, the Security and Intelligence
Service is the only institution that can legally conduct wiretaps,
including those made at the request of prosecutors or police. Judges
may authorize legal wiretaps only in the course of investigating a
serious crime. In February 2009 the ECHR ruled that the country's
criminal procedure law fails to provide a clear and detailed
interpretation of reasonable suspicion required to authorize a wiretap.
The ECHR also noted that the law does not contain safeguards against
the overuse of wiretaps and does not provide adequate protection
against the abuse of power by the Government because of wiretapping.
Courts continued to accept illegally obtained evidence.
According to a Justice Ministry report, examining magistrates
ordered 3,803 wiretaps in 2009, an increase of 1,448 over the previous
year.
In July prosecutors acknowledged that the Security and Intelligence
Service had illegally wiretapped Minister of Justice Alexandru Tanase
in 2009. During hearings, two intelligence officers admitted they
received orders to intercept Tanase's calls but refused to divulge who
gave the orders. A criminal investigation into the illegal conduct
remained ongoing at year's end. On October 22, in a separate case,
prosecutors charged the head of the Interior Ministry's Operative-
Technical Unit with privacy violations and abuse of authority in
another illegal wiretapping case. The unit head had been suspended
temporarily from his position in July. On December 13, prosecutors
announced that they had completed their investigation into the Ministry
of Interior's unauthorized wiretapping of European Action Movement
leader Veaceslav Untila, AMN leader Serafim Urechean, and seven other
persons; charges were pending at year's end.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The law provides for freedom of
speech and the press; however, these rights were not always respected
in practice. Individuals could criticize the Government publicly and
privately without reprisal. According to Reporters without Borders,
press freedom improved significantly since 2009.In contrast with
previous years, individuals and organizations critical of the
Government no longer risked monitoring and subjection to abusive tax
and registration inspections.
On July 13, the ECHR awarded damages to nine employees and former
employees of the public broadcaster Teleradio Moldova, who alleged in
2002 that they were victims of undue political influence over editorial
policy; the court agreed and held that the Government had violated
their freedom of expression. The court noted that authorities had
failed to enact legislation which would offer safeguards against
government officials' abusive interference in free speech and which
would clearly indicate the scope and the limits of the discretion
enjoyed by those authorities in controlling editorial content.
The print media expressed diverse political views and commentary.
There were approximately 260 newspapers and magazines in the country. A
number of the newspapers were owned or subsidized by political figures
and expressed well-defined political views. The Government owned the
Moldpress News Agency, and local and city governments subsidized
approximately 25 newspapers. Political parties and professional
organizations also published newspapers.
Formerly government owned newspapers, Moldova Suverana and
Nezavisimaia Moldova, continued to favor the PCRM in their coverage.
These papers often used inflammatory language and photo-edited
portrayals of opponents as Nazis in articles criticizing the
opposition. In February prosecutors began investigations of the
legality of the privatization of these two newspapers, a process that
started in 2005. According to the authorities, the former communist
government initiated the liquidation process of these papers, but did
not finish it and illegally transferred over one million lei ($83,000)
from the State Reserve Fund to cover debts of these two papers.
The Government did not restrict foreign publications, but most were
not widely circulated because of high cost. Newspapers from Russia were
available, and some of these papers published special weekly local
editions.
According to the Audiovisual Coordinating Council (ACC), 47 radio
stations, 63 television channels, and about 140 cable providers
operated in the country. Most stations rebroadcast programs from
Romania, Russia, and Ukraine and offered limited, locally produced
programming. Other foreign programs, including a range of international
news broadcasts, were available by subscription from private cable
television operators. Some local governments, including that of
Gagauzia, operated television and radio stations and newspapers.
In April two major foreign-financed news channels, Jurnal TV and
Publika TV, began local broadcasting.
Observers noted that the public broadcaster, which under the
previous government had heavily skewed coverage in favor of the
communist authorities, became increasingly balanced in its news
coverage since the AEI government assumed power in September 2009.
In 2008 the ACC announced that it would not automatically extend
the expiring license of the private television channel PRO TV, along
with those of other broadcasters, although the law provides for
automatic extension if no major violations have occurred. Media
observers criticized the ACC decision, while noting that ambiguities in
the law allowed for such political actions, and PRO TV initiated a
court challenge of the ruling. In November 2009 the Supreme Court of
Justice ruled that the ACC should automatically extend PRO TV's license
and those of other broadcasters; the ACC then extended PRO TV's license
for another seven years.
In 2008 the ACC distributed 40 provincial television frequencies to
two progovernment stations, significantly expanding their coverage, and
did not consider other applications for the frequencies. After the
Government assumed power in September 2009, complaints that the ACC's
decisions were politically motivated decreased.
Owners of the private, procommunist television station NIT accused
the AEI government of trying to shut down the channel. NIT alleged that
the new government refused to extend a lease for space in a government-
owned building that NIT had been renting for 12 years. The Government
responded that it needed the space for use by government agencies, and
NIT could continue to use other offices in the same, earlier
privatized, building.. Later in the year, NIT vacated the Government-
owned offices and moved into the smaller privatized offices in the same
building.
A July monitoring report by the NGO Access Info Center indicated
that there were continuing problems in the implementation of the law on
access to information and the law on transparency in government
decision making. Only 34.5 percent of 943 public institutions asked to
provide data on their implementation of the transparency law responded
to the data request.
On April 21, prosecutors closed the criminal case initiated against
Vocea Basarabiei radio station by the communist government in 2007.
Authorities at the time alleged that the station had aired calls to
overthrow the Government during a radio program. Prosecutors concluded
that the alleged actions did not constitute a crime.
On January 19, the ACC ordered the Ploaia de Argint (Silver Rain)
radio station to suspend broadcasting pending an appeals court ruling
on the station's complaint against the ACC. The station had sued the
ACC for its refusal to automatically extend its expired license as
required by the 2006 audiovisual law. The ACC claimed in response that
internal regulations required broadcasters that received licenses under
the old law to compete again for frequencies. The station continued to
transmit programming on the same frequency.
On June 18, the parliament approved modifications to ACC
regulations on license issuance to provide for automatic licence
extensions.
In 2008 opposition members of the Balti municipal council
criticized the nontransparent manner in which the public broadcaster,
Teleradio Balti, was undergoing privatization, noting that the
privatization commission was staffed exclusively by councilors
belonging to the majority PCRM. In November 2009 Teleradio Balti was
forced to suspend broadcasting after the ACC ruled that the station did
not have the right to broadcast until it was fully privatized. However,
at the end of November, at the request of Balti authorities, the ACC
revised its earlier decision and allowed Teleradio Balti to resume
broadcasting under the condition that it completes its privatization by
February 1. Since then, Balti authorities have made four unsuccessful
attempts to privatize the station. Lack of interest from investors
resulted in the suspension of privatization at year's end.
There were continued reports that authorities denied independent
media access to official events. In May and August 2009, the Ministry
of Interior prevented journalists from the Internet-based Jurnal TV
from covering its press conferences. In July a television crew from TV-
Prim was prevented from covering a public meeting of the prime minister
in Glodeni. On July 14, police in Donduseni expelled two journalists
from the Moldavskie Vedomosti newspaper from a hall where the prime
minister had been meeting with local residents.
During and after the protests that followed the April 2009
parliamentary elections, government harassment and aggression against
journalists dramatically increased. The PCRM government frequently
denied access to its public events to media representatives it
considered disloyal. On occasion journalists were intimidated into
practicing self-censorship.
Libel is not a criminal offense, and the law limits the amount of
fines for slander. Nevertheless, some newspapers continued to practice
self-censorship and avoided controversial issues out of concern that
government officials and other public figures could use civil
defamation laws to retaliate against critical news coverage. On October
9, a new law on freedom of expression entered into force, which
provided that protection of honor, dignity, and business reputation''
would not outweigh the right of the public to obtain information
relevant to the public interest. The law also provides that ``no one
shall be prosecuted for disclosure of information on the private or
family life of a person if the public interest in its dissemination
overweighs the interest of the particular person in its
nondisclosure.''
The law prohibits the editing and publication of literature that
contains ``denial and defamation of the state and the people; calls for
war or aggression, calls to ethnic, racial, or religious hatred;
incitement of discrimination, territorial separatism, or public
violence.'' Several private publishing houses opposed these provisions,
claiming that they impose censorship.
On July 28, an employee of the Center for Combating Economic Crimes
and Corruption (CCECC) verbally and physically assaulted Jurnal TV
reporter Victor Ciobanu while he was filming outside the Appeals Court.
The employee allegedly grabbed the reporter's camera during the
incident and removed the digital memory card. A group of major media
NGOs, as well as international media organizations, strongly criticized
the incident, calling upon the authorities to observe the media's
rights. The center claimed that it had launched an internal
investigation into the incident and, if the allegations were proved,
there would be monetary compensation to the victim and discipline the
employee.
During the year the parliamentary mass media committee began an
initiative to amend the law to allow broadcasters to possess up to five
broadcasting licenses in each of the county's administrative zones. In
June a group of media NGOs expressed public concern over the
initiative, which they claimed could lead to the monopolization of
media by a small number of actors.
In Transnistria authorities greatly limited freedom of speech and
of the press. Alternative viewpoints were subject to widespread
censorship, and residents were wary of voicing alternative opinions and
engaging in meaningful debate over key issues affecting the separatist
region.
It was difficult to register, maintain, and finance independent
newspapers, radio stations, or television stations in Transnistria,
although several continued to exist. Most newspapers from central
government-controlled areas did not circulate widely in Transnistria,
although they were available in Tiraspol. Foreign publications,
including publications edited in Chisinau, were difficult to obtain, as
separatist authorities imposed a 100 percent customs duty.
On April 7, Transnistrian authorities arrested local journalist
Ernest Vardanean on charges of high treason against the separatist
government and spying for Moldova. On May 11, Transnistrian television
aired a video recording with Vardanean confessing that in 2001, while
he was studying at the Moldova State University, he collaborated with
Moldova's Security and Information Service. Vardanean's lawyer, as well
as his family, stated that Vardanean made this statement under
psychological pressure. On November 3, the OSCE reported that
Transnistrian soldiers prevented OSCE representatives from observing
Vardanean's trial. On December 16, a Transnistrian court convicted
Vardanean of treason and sentenced him to 15 years in prison.
Both of Transnistria's major newspapers, Pridnestrovie and
Dnestrovskaya Pravda, were official publications of the separatist
administration. Separatist authorities harassed other, independent
newspapers for publishing reports critical of the regime. Independent
daily newspapers such as Novaia Gazeta and Chelovek i yevo Prava were
published, but each had a circulation of only about 3,000. Other small-
circulation papers expressing views critical of Transnistrian
authorities were published on a weekly or monthly basis. Authorities
controlled all printing houses and, at times, threatened to stop the
printing of independent newspapers, including one based in Bender and
another in the northern city of Ribnita.
Transnistrian authorities controlled the majority of television and
radio stations in the region and largely dictated editorial policies
and financial operations. Transnistria's largest commercial entity,
Sheriff Enterprises, owned some broadcast networks, such as the TSV
television station and the INTER-FM radio station. The company also
effectively controlled the Obnovlenie (Renewal) Party, which held a
majority of seats in the region's legislature. Transnistrian
authorities also operated the other major television station,
Transnistrian Moldovan Republic Television. While these outlets on
occasion expressed alternative views on social and economic policy,
Transnistrian authorities sharply criticized any mention of compromise
with the central government or any questioning of the Transnistrian
goal of ``independence.''

Internet Freedom.--In contrast with previous years, the Government
did not issue any letters threatening to suspend domain names for
expression of political views.
There were approximately 50 Internet service providers (ISPs) in
the country. While most citizens could not afford computers and private
access to the Internet, public access at cafes in major cities was
readily available. In 2009 a local ISP created public Wi-Fi hot spots
in several public parks in Chisinau. According to the report of the
National Agency for Regulations in Telecommunications and Information
Technologies, there were 203,500 Internet users in the country in 2009,
a 30.6 percent increase over 2008. Between the end of 2009 and April,
the number of broadband Internet users increased from 187,000 to
203,000. The number of dial-up users decreased from 17,000 to 12,000
during that same period.
There were no reports that the Government attempted to collect
personally identifiable information in connection with individuals'
peaceful expression of political, religious, or ideological opinion.
However, the opposition PCRM complained that the PLDM, led by Prime
Minister Vlad Filat, used personally identifiable data to send
personalized electoral campaigning materials to voters.
In Transnistria Internet connections were available in most parts
of the region, and most residents accessed the Internet through
publicly available computers at cafes. One company, Sherriff
Enterprises, was the sole ISP in the region.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly; however, at times
authorities limited this right in practice. Authorities denied LGBT
activists a permit for a pride parade, and, in response to the December
2009 anti-Menorah demonstration at which police did not intervene, the
Jewish community celebrated Hanukkah and the Menorah lighting on
private property.
NGOs reported that rights of freedom of assembly have improved
under the new government. While the previous PCRM government at times
prevented opposition parties and activists from traveling to Chisinau
for rallies, on May 1, authorities allowed over 15,000 supporters of
the opposition PCRM to march in downtown Chisinau and converge in front
of the main government building for a peaceful rally.
According to a study commissioned by NGOs Promo-Lex and the
Resource Center of Moldovan NGOs for Human Rights, an average of 82
assemblies took place per month between February and June 2009. There
were 85 in February, 141 in March, 65 in April, 53 in May, and 79 in
June--all in connection with parliamentary elections.
According to a June UNHCR report, Transnistrian authorities
severely restricted freedom of assembly and rarely issued required
permits for public protests. On those occasions when they did issue
permits for demonstrations, authorities often harassed organizers and
participants and ordered that the demonstrations take place in obscure
locations away from city centers. Permits for demonstrations and public
meetings were issued predominantly to organizations and groups loyal to
the authorities.

Freedom of Association.--The constitution provides for freedom of
association and states that citizens are free to form parties and other
social and political organizations. However, the constitution prohibits
organizations that are ``engaged in fighting against political
pluralism, the principles of the rule of law, or the sovereignty and
independence or territorial integrity'' of the country.
In Transnistria authorities severely restricted freedom of
association. Separatist authorities granted the legal right of
association only to those they recognized as citizens of Transnistria.
All nongovernmental activities must be coordinated with local
authorities, and groups that did not comply faced harassment, including
visits from security officials. Any organizations favoring
reintegration with the rest of Moldova were strictly prohibited.

c. Freedom of Religion.--For a complete description of religious
freedom, see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees.
In practice the Government provided protection against the return
of refugees to countries where their lives or freedom would be
threatened on account of their race, religion, nationality, membership
in a particular social group, or political opinion.

Stateless Persons.--Citizenship can be acquired by birth in the
country, inheritance from parents, adoption, recovery, naturalization,
or on the basis of certain international agreements. On July 1,
parliament amended the law on citizenship and granted citizenship to
persons who resided in the historical regions of Bessarabia, Northern
Bucovina, the Herta region, and in the territory of the Moldovan
Autonomous Soviet Socialist Republic prior to June 28, 1940, as well as
their descendants.
According to UNHCR statistics, there were 2,036 stateless persons
in the country on September 30, an increase from 1,805 at the beginning
of 2009. The largest numbers were Russians, Ukrainians, and ethnic
Moldovans born outside the country. Of this total, 1,547 resided in
Transnistria. According to the UNHCR, stateless persons enjoyed equal
rights in terms of employment and education but frequently were
prevented from applying for citizenship because they lacked
certificates showing that they had no criminal records.
During the year the UNHCR assisted several refugees in gaining
citizenship by court order. However, despite legal provisions that
allow a stateless person who resides legally in the country for eight
years to seek citizenship, the UNHCR was unsuccessful in assisting such
persons in obtaining citizenship.
On July 1, authorities reduced the time for completing a
provisional residence permit for foreign nationals and stateless
persons from 30 to five days. Residence permits for a period of up to
one year are issued to foreign citizens and stateless persons
temporarily residing in Moldova; they cost approximately 640 lei ($53).
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully, and citizens exercised this right in practice in most of
the country through periodic elections based on universal suffrage.
Unlike the previous year, there were no reports that authorities
harassed or intimidated the political opposition, misused
administrative resources in favor of government-supported candidates,
or restricted opposition access to public media.
In Transnistria authorities restricted the right of residents to
vote in elections and interfered with the right of Moldovan citizens to
vote in Moldovan elections.
The constitution provides for a form of parliamentary government.
The parliament is elected by popular vote and it then elects the
president by a three-fifths majority vote, or 61 out of 101 members of
parliament. If the parliament repeatedly fails to elect a president, it
is dissolved and new elections are required, although the law states
that parliament can only be dissolved once per year. In 2009 parliament
failed on four occasions to elect a president. To resolve the impasse,
the Government held a referendum on September 5, which asked voters to
approve direct popular voting for president. Political parties
campaigned freely and without harassment to support or reject the
proposition. The PCRM boycotted the referendum. In the final results,
87.8 percent of voters supported the referendum's call for direct
popular voting for president, but the turnout (30.29 percent of
registered voters) was insufficient to validate the referendum, for
which a one-third turnout of registered voters was required. As a
result, election of the president remains a function of parliament.

Elections and Political Participation.--On April 27, the ECHR ruled
in favor of Justice Minister Alexandru Tanase (a dual Romanian-Moldovan
citizen), who in 2007 preemptively challenged a law that required dual
nationals to renounce their other nationality before being allowed to
take a seat parliament. In the April 2009 elections, Tanase was elected
to parliament. He wrote a letter to the Romanian Embassy in Chisinau,
announcing being forced to initiate the renunciation of his Romanian
nationality, but indicating that he reserved his right to withdraw the
letter after the ECHR judgment. On April 27, the court ruled that the
law was discriminatory of dual nationals and, therefore, violated the
European Convention on Human Rights.
International and local observers noted positive developments
during the July 2009 parliamentary election campaign and the September
5 referendum, including greater Central Election Commission (CEC)
openness and the ability of party representatives to be present during
polling. However, CEC performance has remained inconsistent, and voter
registration has yet to be centralized, making it harder to identify
those who vote multiple times. Voter lists, maintained by the CEC, were
largely outdated and subject to manipulation. Political parties cited
these lists as a major concern by leading to the November elections.
International observers concluded that the November 29
parliamentary elections met most international commitments, and the
elections administered in a transparent and impartial manner, with a
diverse field of candidates that provided voters with genuine choice.
According to the observers, authorities respected civil and political
rights during the election campaign, and media outlets covered the
campaign actively and provided voters with diverse information.
International observers provided a generally positive assessment of
election day, despite some procedural errors. The OSCE election
observation mission noted that authorities should make further efforts
to strengthen public confidence in the democratic process.
On December 12, first-round elections occurred for governor of the
autonomous region of Gagauzia. A monitoring effort sponsored by the
East European Foundation judged that the election met international
standards despite minor violations, including advertisements near
polling stations, multiple voters sharing a booth, and a lack of
heating or electricity in some polling stations. Confusion arose from
the fact that some voting procedures in the governor's election
differed from those used in the November 28 parliamentary elections.
There were 19 women in the 101-seat parliament elected on November
28. Members of ethnic Russian, Ukrainian, Bulgarian, Azeri, Jewish, and
Gagauz communities had representation in parliament alongside members
of the majority Moldovan/ethnic Romanian community.
In Transnistria authorities held legislative elections on December
12, in which the Renewal Party, the main party in opposition to
``president'' Igor Smirnov, won a majority of 23 seats in the 43-seat
Transnistrian Supreme Soviet.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement these laws effectively, and
NGOs and international organizations reported that corruption was
pervasive throughout the Government and society. A Transparency
International preliminary survey revealed that only 75 percent of
public officials could define the concept of a ``conflict of
interest.''
Police corruption remained a serious problem. According to
prosecutors, the Interior Ministry ignored, or only superficially
examined, reports of police corruption. The prosecutor in charge of the
Ministry of Interior's anticorruption activities noted that corruption
was endemic and took place at all levels--from low-level functionaries
to government ministers.
On August 24, Justice Minister Tanase noted that many judges
illegally gave lenient sentences to persons convicted of trafficking-
related offenses. He cited the case of Cahul Court judge Vasile Vulpe
who in 2008 issued a five-year suspended sentence for human trafficking
when the penalty prescribed by law is 10 to 25 years in prison. Judge
Vulpe's immunity from prosecution was subsequently was lifted, and a
Chisinau court tried Vulpe of purposefully issuing an illegal judicial
decision. He was acquitted in June 2009. On November 11, in a
subsequent lawsuit brought by Vulpe challenging his dismissal as a
judge, the Supreme Court upheld the legality of Vulpe's dismissal upon
the expiration of his judicial appointment.
A Transparency International survey conducted in 2009 reported that
51 percent of those interviewed said they had paid bribes to the
police. According to the Prosecutor General's Office, between January
and November, prosecutors initiated 103 criminal investigations against
police, including in 43 cases of alleged torture. The CCECC initiated
31 criminal investigations, mainly on charges of corruption. Of these,
the prosecutors sent 62 cases to court, and the CCECC sent 21cases.
Corruption in the educational system was widespread. The law
provides for punishing university rectors, deans, and chairs for
corrupt acts, including grade buying and extortion, with fines or
imprisonment of two to seven years. The law does not apply, however, to
professors and lecturers. Ministry of Education regulations do not
address corruption explicitly, and the bylaws of the major universities
do not provide sanctions for cheating or bribery. There were reports
that some university officials offered falsified documents for sale to
assist students in obtaining work and travel visas.
The Government acknowledged that corruption was a major problem.
NGOs and political party representatives asserted that authorities at
times failed to act in an impartial manner.
The law provides free public access to official information;
however, the Government did not fully implement the law. NGOs
complained that gaining access to information required repeated, often
unsuccessful, requests to authorities. Court decisions ordering release
of information were not implemented fully or in a timely manner.
According to the NGO Access-Info Center, between January and August,
public officials frequently denied the media access to information in
violation of law and procedures. Since coming into office, the
Government made some improvements; however, the Access-Info Center
noted that full responses to information access requests remained low,
averaging 24 percent, because of a lack of information management
policies.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Domestic and international human rights groups generally operated
in the country without government restriction, investigating and
publishing their findings on human rights cases. Government agencies
were frequently cooperative and responsive to their views.
In Transnistria authorities continued to impede activities of human
rights groups. For example, ``immigration'' officials frequently
blocked entry into the region by representatives of Moldovan NGOs
attempting to meet local human rights counterparts and contacts.
Moldovan NGOs also reported that in 2009 Transnistrian officials
contacted local organizations and advised them not to attend events and
seminars organized by Moldovan NGOs.
On several occasions in 2009, representatives of a Moldovan NGO
arrived in the region to hold capacity-building seminars for local
groups. In advance of their visits, Transnistrian officials warned the
NGO not to come. When they arrived, they found that attendees to these
workshops included camera operators--ostensibly from local television
stations--who filmed the proceedings, as well as representatives of
progovernment veterans' organizations, and a representative of the
public affairs office of the Russian peacekeeping force in
Transnistria. On at least one occasion, in December 2009, Transnistrian
cameramen followed the participants and filmed them as they exited
buses rented for the occasion. Transnistrian television subsequently
broadcast this footage as part of an anti-NGO expose. Following these
events, the organization chose to hold its seminars outside
Transnistria.
Transnistrian authorities also continued to control and intimidate
NGOs by inviting their representatives to meetings where security
officials were present and pressuring landlords not to renew leases for
office space. Authorities restricted NGOs from providing legal advice
and other assistance on political programs, such as domestic disputes,
access for persons with disabilities, and property and pension rights.
Transnistrian authorities encouraged NGOs operating in the region to
cooperate with Russian, Abkhazian, and South Ossetian organizations
rather than Western NGOs and those that operated in Moldova proper.
Transnistrian authorities also required representatives of Moldovan
NGOs wishing to operate in Transnistria to register locally as separate
organizations.
Transnistrian authorities frequently limited OSCE access to the
separatist region, including to the four- to eight-mile security zone
dividing Transnistria from the rest of the country.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
ethnicity, or social status; however, the Government did not always
enforce these prohibitions effectively.

Women.--The law criminalizes rape or forcible sexual assault and
penalties range from three years to life in prison. The law also
criminalizes spousal rape.
Rape remained a problem, and there were no specific government
activities to combat rape. In the first 11 months of the year,
prosecutors opened 311 criminal cases of rape. Of these cases, 78 were
dismissed and 138 were forwarded to courts for trial. These figures
were close to the totals for 2009 with 260 cases opened, 66 dismissed,
and 105 forwarded to courts for trial. Prosecutors were unsure if the
increased numbers reflected higher crime rates or better reporting.
NGOs believed that many rapes remained unreported.
The law defines domestic violence as a criminal offense, provides
for the punishment of perpetrators, defines mechanisms for obtaining
restraining orders against abusive individuals, and extends protection
to unmarried individuals and children of unmarried individuals. The law
also provides for cooperation between government and civil society
organizations, establishes the protection of the victim as a human
rights principle, and allows third parties to file complaints on behalf
of victims. According to a 2009 report by the local NGO La Strada,
there were no government standards regarding the quality of victim
support services or for the identification, assessment, or monitoring
of domestic violence cases.
According to NGOs, domestic violence and spousal abuse remained
widespread. A 2008 survey indicated that at least 40 percent of women
in the country had been the victim of at least one violent act in their
life. Domestic violence was closely linked to human trafficking.
According to local NGOs, at least 80 percent of trafficking victims had
previously been victims of domestic violence. A study released during
the year by the Joint UN Program on HIV/AIDS found that 51.3 percent of
women who had a sexual partner had experienced psychological violence
in their lifetime and that 26.8 percent experienced such violence in
the previous 12 months. A total of 24.2 percent had experienced
physical violence in their lifetime, and 10.3 percent had experienced
it in the previous 12 months. Slightly more than 12 percent had
experienced sexual violence in their lifetime and 7.1 percent in the
past 12 months. Rural women experienced all forms of violence in
significantly higher proportions than urban women did, and younger
women experienced more emotional and sexual violence compared with
older women.
Victims of domestic violence generally suffered in silence, as the
problem received little recognition from government, society, or other
women. Unless such violence resulted in serious injuries, most citizens
accepted it as a normal aspect of private life by both men and women,
and not a problem warranting legal intervention. Surveys indicated that
only 11.2 percent of domestic violence victims sought medical
assistance, only 12.2 percent reported the abuse to the police, 6.3
percent pursued claims through the justice system, and 5.1 percent
reported their abuse to other municipal authorities.
NGOs noted that one of the reasons women rarely reported domestic
violence to authorities was because of the general weakness of
available legal remedies, which commonly consisted of fines and brief
detentions for convicted abusers. After their release from detention,
abusers commonly returned to their homes and continued the abuse. Fines
often had the effect of significantly reducing the overall household
budget, which further harmed the wives and children of abusers.
Women's groups continued to assert that incidents of spousal abuse
were significantly underreported. According to the Ministry of
Interior, between January and November authorities registered 1,997
cases of domestic violence. The actual numbers were believed to be much
higher.
The Government supported education efforts, usually undertaken with
foreign assistance, to increase public awareness of domestic violence
and to instruct the public and law enforcement officials on how to
address the problem. The city of Chisinau operated a women's shelter
for domestic violence victims. Private organizations operated services
for abused spouses, including a hotline for battered women. Access to
such assistance remained difficult for some.
The NGO La Strada operated a hotline for reporting domestic
violence, offered victims psychological and legal aid, and provided
victims with options for follow-up assistance. During the first nine
months of the year, the hotline received 623 calls from victims of
domestic violence requesting assistance. Despite the success of the
hotline, La Strada representatives noted that few victims requested
follow-up assistance.
In July parliament approved criminal code amendments designed to
better promote the safety and well-being of victims, their children,
and their property. The amendments require the abuser to leave lodgings
shared with the victim, regardless of who owns the property. The
amendments also provide for psychiatric evaluation and counseling,
forbid the aggressor from approaching the victim either at home or at a
place of business, and forbid visitation of children pending a criminal
investigation. Courts may apply such protective measures for a period
of three months, and can extend them upon the victim's request or
following repeated acts of violence.
In Transnistria there is no law prohibiting violence against women.
Domestic violence against women in Transnistria was a serious problem,
although, given the lack of laws against domestic violence the extent
was difficult to estimate. According to a 2009 study conducted by the
NGO Rezonans, one in four women in Transnistria experienced domestic
violence in the form of physical abuse, economic manipulation, or
psychological violence.
Sexual harassment remained a common problem. In July parliament
approved amendments to the criminal code that criminalize sexual
harassment and provide for penalties ranging from a fine to a maximum
of two years imprisonment. The new law prohibits sexual advances that
affect a person's dignity or create an unpleasant, hostile, degrading,
or humiliating environment in a workplace or educational institution.
In January the parliamentary ombudsman received complaints from
parents claiming that their children at a high school in the Chisinau
suburb of Riscani were being sexually harassed. The ombudsman's
investigation revealed that a number of girls had been sexually
molested by a teacher. The Riscani prosecutor's office refused to
launch a criminal investigation, stating that the acts took place
before the criminalization of sexual harassment in July. Authorities
argued that the law in force at the time prohibited only the use of
force to make another person commit a sexual act. The school board
subsequently dismissed the teacher, but a court later reinstated him
because the school board had failed to follow proper legal procedures.
Appeals remained pending at year's end, and the ombudsman responsible
for children continued to monitor the case.
Couples and individuals could decide freely and responsibly the
number, spacing, and timing of their children and had the information
and means to do so free from discrimination, coercion, and violence.
The Government adopted laws and implemented policies to increase the
birthrate by ensuring free obstetric and postpartum care to all
citizens and by paying child benefits of 1,700 lei ($140) for the first
child in a family, and 2,000 lei ($165) for each subsequent child.
Applying to receive child benefits was sometimes difficult because of
excessive bureaucracy, but there were no reported cases of denial of
payment. Mandatory government medical insurance covered all expenses
related to pregnancy, birth, and postpartum care. During pregnancy, the
Government provided essential medicines free of charge.
Most medical institutions, both state and private, had free
booklets and leaflets about family planning and contraception. There
were no reports of women discriminated against when diagnosed with or
treated for sexually transmitted infections, including HIV. There were
reports that some employers failed to provide women with paid maternity
leave or threatened pregnant women with termination of employment.
There were no reports of Romani women denied obstetrical,
childbirth, or postpartum care. However, many Romani women failed to
take advantage of free government-administered medical care during
pregnancy. There was no reliable information on Romani access to
contraception.
The law provides for full gender equality. The National Bureau of
Statistics reported that women experienced higher levels of employment
than men did. Women, however, earned approximately 85 percent of what
men earned for equal work. According to an EU report released in 2008,
the country's implementation of the 2006 law on equal opportunities for
men and women was slow. In some cases, especially in rural areas, women
encountered attitudes and stereotypes that served to perpetuate the
subordinate position of women in the family and in society.
The law provides for 70 days of paid leave for pregnant women, and
an additional 56 days of postpartum maternity leave (70 days in case of
complicated or multiple births). Once this officially authorized leave
period is exhausted, men and women have the option of taking partially
paid paternity or maternity leave for up to three years (counting
towards an employee's seniority). Women are also entitled to unpaid
maternity leave of up to six years from the child's birth, while
retaining the right to their job. This period is also included in
seniority. While government-owned companies generally followed these
regulations, private firms often ignored the law by restricting
maternity leave periods through individual work contracts.

Children.--Citizenship can be acquired by birth in the country,
inheritance from parents, adoption, recovery, naturalization, or on the
basis of certain international agreements. Registration of birth is
free of charge for all citizens. Civil registration offices within
maternity hospitals issued birth certificates before the mother and
newborn were discharged from the hospital.
Primary education was free and compulsory until the ninth grade,
although many inadequately funded schools, particularly in rural areas,
charged parents for school supplies and textbooks. Although not
illegal, such fees contradicted the Government's policies and resulted
in some parents keeping their children home. Government and local
authorities provided 300 lei ($29) for school supplies annually to
children from vulnerable families.
Romani NGO Vocea Romilor reported that 2,800 Romani children were
unable to attend school because of poverty. According to Romani NGO
Ograda Noastra, approximately 50 percent of Romani children attended
school, but the group acknowledged that such estimates were often
unreliable.
The law prohibits child neglect and specific forms of abuse, such
as forced begging; however, child abuse was believed to be widespread.
In December 2009 law enforcement agencies had opened 405 cases for
crimes against children, including 97 cases of sexual abuse, 20 cases
of serious bodily injuries to children, and 10 cases of premeditated
murder. The Ministry of Interior is responsible for investigating and
prosecuting child sexual abuse cases, but declined to release
statistics on the scope of the problem.
According to the Ministry of Labor, Social Protection, and Family,
inadequate victims' services, lack of reliable methods to track cases,
and insufficient legal mechanisms to prevent such abuse or to provide
special protection to victims, hampered efforts to protect children
from abuse. According to the ministry, more than 25 percent of minors
admitted to being beaten by their parents, 20 percent said they
experienced parental verbal abuse, and 15 percent said they lacked food
and care. Approximately 10 percent of parents admitted to abusing their
children, emotionally or physically.
During the year there were reports of cases of child prostitution.
Commercial sex with minors is punished as statutory rape. The minimum
age for consensual sex is 16 years. The law prohibits production,
distribution, broadcasting, import, export, sale, exchange, use, or
possession of child pornography, and violators face one to three years'
imprisonment.
According to the Center for Combating Trafficking in Persons, in
the first 11 months of the year, authorities opened 19 investigations
into allegations of child trafficking, approximately the same number as
during the same period in 2009. Prosecutors filed formal criminal
charges in eight of these cases, and courts convicted three persons on
criminal charges related to trafficking of children, sentencing two
persons to prison and giving the third person a suspended sentence.
Conditions for children in orphanages and other institutions
remained generally very poor. Underfunding caused major problems such
as inadequate food, ``warehousing'' of children, lack of heat in
winter, and disease. NGOs estimated that approximately 25 percent of
the children in orphanages had one or two living parents but were
abandoned when their parents left the country in search of employment.
Observers estimated that approximately one-third of children lived in
households where one or both parents had left the country in search of
work. Such children often lived in poverty, and were particularly
vulnerable to trafficking and labor exploitation.
Various government ministries ran their own orphanages and boarding
schools. The Ministry of Labor, Social Protection, and Family
maintained two boarding schools with a population of 675 children with
disabilities and three asylums providing temporary shelter (for up to
one year), counseling, and other assistance to up to 110 children from
socially vulnerable families. The Ministry of Education oversaw 19
boarding schools with 5,932 students, and two orphanages with 137
children. The ministry reported that 35 percent of the children in its
care were orphans or abandoned. The other 65 percent came from socially
vulnerable families in which parents were unable to maintain even basic
living conditions. The ministry also supervised 42 institutions for
children with disabilities, housing up to 5,487 children.
On August 13, Minister of Education Leonid Bujor announced that the
number of children placed in residential institutions had dropped by
32.6 percent since 2007, following implementation of a National Action
Plan for the Reform of the Residential Care System for Children.
According to Bujor, 7,087 children lived in 56 institutions run by the
Residential Care System for Children and, of those, 17 percent were
orphans. He also noted the existence of 76 family homes for children,
87 professional foster parents, 102 daycare centers, two social-medical
rehabilitation centers, and 31 temporary placement centers for families
with children facing difficulties.
The country is not a party to the 1980 Hague Convention on the
Civil Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--The Jewish community had approximately 25,000
members, including 2,600 living in Transnistria.
On the night of September 11, unknown individuals painted Nazi
swastikas and SS symbols on the facade of the synagogue in Chisinau.
According to the chief rabbi, Zalman Abeliskii, several other minor
incidents occurred during the year. The investigation is ongoing.
Parliament speaker and acting president Mihai Ghimpu described the
profanation of the synagogue as ``a provocation.''
In December 2009 the Chisinau Jewish community organized the
dedication of a five-foot-high menorah in the city's central park. A
crowd led by Moldovan Orthodox priest Anatolie Cibric gathered, engaged
in anti-Semitic speech, dismantled and removed the menorah from its
base, and placed it upside down at the feet of a nearby statue of
Stephen the Great, the medieval Moldovan king who is also a Moldovan
Orthodox saint. Authorities condemned the incident and fined Cibric for
his role in it.
On November 10, in Chisinau, several hundred Orthodox Christians
marched to warn local authorities against allowing the Jewish community
to place a menorah in downtown Chisinau during the upcoming Hanukah
celebration. A leader of the Orthodox Youth Association told media that
placing the menorah near the statue of Stephen the Great was offensive
and constituted a form of oppression of Christians by non-Christians.
Chisinau mayor Chirtoaca responded by telling the Jewish community to
proceed with plans to place the menorah downtown. Seeking to avoid
further desecration of the menorah, Jewish community leaders instead
decided to place the menorah on private property in the courtyard of
the Chisinau Jewish Community Center. On December 1, the Jewish
community dedicated the menorah, and it remained there during the
holiday without incident.
In March 2009, after one of Chisinau's synagogues received a
shipment of kosher food from abroad for the upcoming Passover holiday,
police officers made several visits to the synagogue to search the food
parcels.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities in employment, education, access to public facilities,
healthcare, or the provision of other state services, but the law was
rarely enforced. Local NGO Gaudeamus reported continued widespread
discrimination against students with disabilities.
On August 25, shortly after the country's ratification of the UN
Convention on the Rights of Persons with Disabilities, the Ministry of
Education issued an order ensuring the inclusion of orphans and
children with disabilities and special educational needs into the
educational system.
During the year there were over 170,000 persons with disabilities
in the country. While national strategies for reforming the residential
childcare system and rehabilitating and integrating persons with
disabilities existed, the Government did not provide funding to
implement them. Persons with disabilities faced discrimination, social
exclusion, poverty, unemployment, low quality education, and lack of
access to social protection. The director of the Center for Services
for Students with Disabilities noted that the structure of educational
institutions and the lack of materials for teaching persons who are
deaf or blind were illustrative of the Government's general failure to
meet the needs of persons with disabilities.
Official regulations mandate access to buildings for persons with
disabilities, and most government buildings provided such access. While
most newly built or reconstructed private buildings were accessible,
older buildings often were not. The Government provided few resources
to training persons with disabilities. The Social Assistance Division
in the Ministry of Labor, Social Protection, and Family and the
National Labor Force Agency are responsible for protecting the rights
of persons with disabilities.
On October 6, authorities approved a framework regulation on
organization, operation, and quality standards of ``community houses''
for persons with mental disabilities. Such community houses were
designed to take the place of boarding facilities for children with
mental disabilities.
According to the Association of the Blind, there were 9,000 persons
nationwide with visual impairment, of which 3,500 were fully blind. The
2009 ombudsman report noted problems involving persons with visual
impairment exercising their right to vote. According to the election
law, voters unable to complete a ballot on their own have the right to
invite another person to help them vote. However, this procedure
jeopardizes the voter's right to a secret ballot. The ombudsman urged
the Government to make ballots available in Braille.
During the November 28 parliamentary election, at one polling
station in Chisinau, authorities piloted a new method of direct, secret
voting for persons with visual impairments.
In Transnistria children with disabilities and special educational
requirements rarely attended school and lacked access to specialized
resources.
Although the law provides for equal employment opportunities and
prohibits discrimination against persons with disabilities (with the
exception of jobs where certain health conditions are required), in
practice many employers failed to provide accommodation to persons with
disabilities and avoided employing persons with disabilities.

National/Racial/Ethnic Minorities.--There were continued reports
that Roma experienced violence, harassment, and discrimination. NGOs
reported instances in which Roma were denied medical services, told
that promised jobs were already filled when they reported to employment
centers, and were subjected to arbitrary arrests and harassment. Roma
were the country's poorest minority group and many continued to live in
unsanitary conditions in segregated communities lacking basic
infrastructure. These conditions often led to segregated education and
schools with even fewer resources than existed elsewhere in the
country.
Official statistics put the number of Roma in the country at
11,600. However, some Romani NGOs estimated it to be as high as
250,000, including 100,000 persons of voting age. NGOs asserted that
government census forms allowed persons to identify with only one
ethnic group, and that many Roma declined to identify themselves as
Roma.
A 2009 report by the NGO National Center for Roma noted several
specific cases of police harassment of Roma, including illegal searches
and detention, at times accompanied by verbal intimidation, racial
slurs, beatings, and extortion demands.
Many Romani children did not attend school, very few received a
secondary or higher education, and the Government did not provide
education in the Romani language. Romani NGOs estimated that 80 percent
of Romani children were illiterate. According to a 2007 UN Development
Program (UNDP) report, 43 percent of Romani children between the ages
of seven to 15 did not attend school, compared with approximately 6
percent of non-Romani children.
According to both the Bureau for Interethnic Relations and UNDP,
the reasons for school nonattendance for Romani children were both
objective and subjective. Objective barriers included a lack of
financial capacity for parents to support their children's education,
as well as health problems and deficiencies related to school
infrastructure. Subjective barriers included experiences of
discrimination in schools, lack of parental support for their
children's education, and early marriages.
The 2009 National Center report mentioned two cases of Romani
children denied equal access to education. In one case, officials of a
technical college denied a Romani high school graduate free admission,
despite the existence of a budget allocation specifically available for
Romani students. In another case, officials at a secondary school
advised an applicant's father to find ``another school because the
program was too challenging for his children.'' Furthermore, they
accused the applicants' grandmother of showing up at school and
``staging a Gypsy bazaar.'' The report further noted that as a result,
at the time of writing, the children were not enrolled in any school.
The report also noted a case of hazing and the beating of a Romani
child by other children. The head of the local child protection office
overseeing the case told the center's investigators informally the
victim was ``nasty, not attending school, does not learn anything, and
runs away from the classes.'' The official also expressed doubt that
the incident had ever occurred.
During the year officials at times used language insensitive to
Roma when discussing the community. For example, in an official
statement issued in July, the Ministry of Education used the term
``tsigan'' (which has a negative connotation in Romanian) to identify
Roma as part of the 15 percent of children in special categories
eligible for government scholarships. NGOs including the National
Center for Roma criticized this press release and urged authorities to
use the term ``Roma'' when referring to the community.
In August the United Roma Alliance, an NGO to combat
discrimination, withdrew its membership from the Government-supported
Bureau of Interethnic Relations, which provides office space and
financial support for ethnic groups to promote their identities. The
alliance announced that it was taking the step because the 2006 Action
Plan for Roma aimed at combating discrimination and improving access to
education and employment remained unimplemented.
Nicolae Radita of the National Center for Roma noted that the
presence of Romani candidates and a Romani political party on the
ballot for the early parliamentary elections in November were hopeful
signs regarding the overall situation of Roma, although none of these
individuals obtained seats in parliament.
In Transnistria authorities continued to discriminate against
Romanian speakers. Use of the Latin alphabet is forbidden by the
Transnistrian ``constitution,'' which provides for fines of
approximately $40.50 for those who read or write in Latin script.
However, as part of the 1992 ceasefire agreement, the Transnistrian
authorities allowed eight Latin-script Romanian-language schools (five
high schools and three elementary schools) under the Moldovan Ministry
of Education to operate in Transnistria. School employees expressed
concern that authorities could rescind this arrangement. Approximately
7,700 children in the region attended these eight Latin-script schools.
The situation was more difficult for approximately 26 ``Moldovan
language'' Cyrillic-script schools that operated under the
Transnistrian Ministry of Education. Authorities failed to provide
sufficient funding to those schools. Although lacking books and other
supplies, school principals declined to accept donations of books from
the Moldovan government because of pressure and threats from
Transnistrian authorities.
In 2008 a local NGO initiated a fundraising drive to help repair
the Romanian-language Latin-script Harmatca School and prepare it for
the upcoming school year. Transnistrian police summoned the school
director and interrogated him about the fundraising event. They
prohibited him from participating in the campaign and also threatened
and intimidated other school officials. Due to the intimidation and
threats, school authorities refused further contacts with NGOs.
At year's end, negotiations between the central government and
local Transnistrian educational authorities on the operation of
Romanian-language schools had not resumed nor was there progress on
returning the confiscated school buildings of the Evrica high school in
Ribnita and the Stefan cel Mare high school in Grigoriopol. The Evrica
high school continued to meet in temporary rented quarters after
Transnistrian authorities confiscated its building in 2004. Since that
time, Transnistrian authorities pressured the schools to reregister
under their jurisdiction. During the year three parents complained of
intimidation and threats that they would be dismissed from their jobs
if they sent their children to the Evrica school. Classes often were
interrupted by unknown persons who broke windows, and Transnistrian
authorities and police repeatedly failed to identify the perpetrators.
The central government provided Grigoriopol students with
transportation and facilities in the Government-controlled town of
Dorotcaia, approximately 10 miles away.
In July the ECHR agreed to hear a case involving the right of 170
Transnistrian children to study in the Romanian language, using the
Latin alphabet. The case remained pending before the court at year's
end. In November the ECHR admitted a second case brought by the
parents, students, and teachers at three Romanian-language schools;
court proceedings were pending at year's end.
On August 31, just prior to the start of the school year,
Transnistrian police raided the high school in the town of Corjova,
claiming they were responding to a bomb threat. During their visit,
police threatened the school director for displaying the Moldovan
national flag and playing the national anthem.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There were reports of
governmental and societal discrimination based on sexual orientation.
According to the gay rights NGO GenderDoc-M, lack of community
recognition, negative media portrayals, and condemnation by the
Orthodox Church, often led to public ostracism of LGBT persons and
their families.
In recent years, public officials made a series of negative
comments regarding homosexuality. In 2007, in response to an inquiry on
the treatment of LGBT individuals by a member of the European
Parliament, Nicholae Esanu, who at the time was deputy minister of
interior, responded, ``I have more important issues to solve than your
gays and lesbians.The situation of sexual minorities in our country is
not a priority issue for the Government.''
In 2008, at a meeting with Balti students, Marian Lupu, speaker of
parliament, expressed his opinion about public demonstrations of gays
and lesbians, saying, ``Everyone is free to do whatever they want in
private, but public parades of homosexuals are inadmissible.''
Similarly, in a press conference on October 18, Acting President Mihai
Ghimpu noted that his PL party's position on LGBT rights was that
persons could invoke such rights in private, but that, as Christians,
``we should not popularize these kinds of rights.''
On April 28, the Court of Appeals ruled in favor of the Chisinau
city government, which had denied a permit by organizers of an LGBT
pride parade scheduled for May 2 in Chisinau's central square. The city
mayor's office had denied the permit, noting its concern over
counterdemonstrations planned by Christian groups and NGOs. Mayor Dorin
Chirtoaca proposed an alternative location away from the center of the
city, but parade organizers rejected that alternative. During the only
previous pride parade, held in 2008, police failed to intervene as
counterdemonstrators physically attacked parade participants.
On December 6, a 27-year-old gay man took his life following an
incident of homophobic harassment by the Moldovan police during the
day. The incident started when a police car arrived at a known
``cruising area'' in Chisinau. The police asked two men to go with them
to the police car, where police officers proceeded to abuse verbally
and intimidate the two men with homophobic and derogatory remarks. As a
witness to the incident, a male staff member from the local LGBT rights
organization Gender Doc-M, attempted to intervene on their behalf. The
outreach worker contacted the president of Gender-Doc-M whose
intervention resulted in the men's release but not before the police
had taken their personal details including their work addresses. Only
one of the police officers, Sergiu Gaina, presented his identity; his
anonymous colleague was armed. After the incident, the young man went
home, called his mother and apologized to her for being gay. Later that
night, the man hanged himself.
Gender Doc-M issued a press release, stating that while the exact
reasons for the suicide may never be known, this incident, as witnessed
by one of their outreach workers, was consistent with a pattern of
police abuse of power towards the LGBT community, which included
blackmailing or threatening and detaining LGBT individuals at police
stations. Authorities failed to launch any investigation into this
incident, and subsequent appeals by Gender Doc-M officials to the
Interior Ministry and the police received no reply.
In Transnistria homosexual activity is illegal, and LGBT persons
were subject to governmental and societal discrimination.
In recent years, over 30 citizens were forced to travel abroad to
undertake gender-reassignment surgeries, since no such services were
available in the country. While authorities allowed individuals to
change their names (for example, from a male name to a female name),
the Government did not allow persons to change the gender listed on
their identity cards or passports.

Other Societal Violence or Discrimination.--NGOs including the
League of People living with HIV, the Regional Centre for Community
Policies, and ``New Life'' reported that persons living with HIV faced
frequent societal and official discrimination, particularly by medical
workers. While various laws enshrine patient confidentiality as an
inherent right and prohibit the unauthorized disclosure of personal
medical information, NGOs reported numerous cases of an individual's
HIV status disclosed by physicians or nurses. Such instances occurred
primarily in rural areas and smaller communities with a relatively low
number of patients. No measures were taken to prevent such abuses.
Following disclosure of the HIV status of a person, their children
were often ostracized in kindergartens and schools, and employers found
reasons to discharge the HIV-positive individuals. Such patients avoid
taking action against the medical workers from fear of further
discrimination. Authorities were investigating a case of medical
misconduct in Ungheni, in which a healthcare worker disclosed a
patient's HIV status. With the help of local social workers, the victim
presented a formal complaint to the local prosecutor's office.
In December 2009 an HIV positive prisoner identified as S.V. was
refused access to prison gym facilities. When he complained to the
district prosecutor's office about the refusal, the prosecutor replied
that it was appropriate to deny this individual access to the
facilities because of his HIV status. The Moldovan Institute for Human
Rights submitted a complaint to the Prosecutor General's Office
requesting disciplinary action against the district prosecutor. The
office replied that the nature of HIV is such that S.V. should be in a
``certain degree of isolation from the rest of the detainees.'' As the
institute was preparing to file a formal complaint to the Ministry of
Justice, the Penitentiary Department decided to permit S.V. access to
some gym equipment.
One of the conditions for immigration to the country is that
prospective immigrants obtain a medical certificate containing the
results of an HIV test. In three cases during the year, the Interior
Ministry's Bureau of Asylum and Migration refused to issue immigration
certificates to HIV-positive individuals because such persons suffered
diseases presenting a danger to public health. The applicants appealed
these rulings, and the cases remained pending before the courts at
year's end. In one of these cases, the Supreme Court posted a decision
on its website, which disclosed the identity and HIV status of the
applicant.
Section 7. Worker Rights

a. The Right of Association.--The law provides workers with the
right to form and join independent unions and conduct their activities
without government interference; however, this right was not always
respected in practice. Unions may only acquire legal status if they are
members of national, sectoral, or intersectoral organizations.
Approximately 46 percent of the workforce was unionized. The law
forbids police and members of the armed forces from joining unions.
The law does not provide sanctions for violations of freedom of
association, and labor organizations reported that labor inspectorates
and prosecutors' offices failed to monitor and enforce the right to
organize effectively.
The law provides for the right to strike, except for government
workers and workers in essential services such as law enforcement.
Healthcare providers and public utility employees are not allowed to
strike during duty hours. Political strikes are prohibited. Compulsory
arbitration may be imposed at the request of only one party to the
conflict. Workers exercised the right to strike by conducting legal
strikes during the year.

b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining and the right to organize; however,
this right was not always respected in practice.
The law does not stipulate penalties for violating trade union
rights, although it does prohibit antiunion discrimination. As a
result, prosecutors may reject appeals by trade unions alleging
antiunion behavior and during the year, violations of the trade union
law remained unpunished. According to the Prosecutor General's Office
activity report, released early in the year, there were no cases of
criminal investigations initiated by the prosecutors on infringement of
right to organize and bargain collectively.
In 2008 the Government ignored a request by the Education and
Science Trade Union (ESTU) to enter into collective bargaining for a
salary increase. ESTU subsequently organized a picket line in front of
government buildings in protest. Upon assuming office, the AEI
government announced that teachers would be the only government
employees to receive a scheduled annual salary increase. In September
2009 the Government increased salaries for teachers by 24 percent.
In February the formerly government-controlled National Trade
Confederation (CNSM), which represented 450,000 workers across almost
all economic sectors, joined the International Trade Union
Confederation as part of an internal democratization process. The CNSM
is a member of commissions on which it can discuss labor-related issues
with employers and government representatives.
There are no special laws or exemptions from regular labor laws in
export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, with exceptions. The law and a government
decision allow central and local authorities, as well as military
bodies, to mobilize the adult population under certain conditions, such
as military service and national calamities, and employ such labor to
develop the national economy. The Government did not invoke this
provision during the year.
Men, women, and children were trafficked for commercial sexual
exploitation and forced labor, although the numbers of reported cases
have declined in recent years. Also, see the Department of State's
annual Trafficking in Persons Report at www.state.gov/g/tip.
The NGO Pacifists without Borders accused military centers and
conscription commissions of violating the rights of persons who have
reached the age of conscription for military service (18 years). The
NGO stated that to reach conscription targets, military centers and
conscription commissions declared some men fit, both physically and
mentally, for conscription without medical examinations and without
taking into account their beliefs and values.
The law prohibits forced or compulsory child labor.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law sets standards for child labor, including the minimum age for
employment, hours of work, and working conditions, and prohibits the
worst forms of child labor. However, these protections were not
effectively enforced, and child labor was a problem. Parents who owned
or worked on farms often sent children to work in fields or to find
other work.
According to the estimates of the Children's Activities Survey,
conducted in 2009 by the Ministry of Labor, Social Protection, and
Family, 177,872 children, who represent 29.8 percent of 15 to 17-year-
olds, were economically active. The employment rate was as high as 17.6
percent among boys between the ages of five and 11. Approximately half
of boys between the ages of 15 to 17 were employed. Among girls this
figure was approximately 35 percent. Despite the high employment rate
among children, the average number of work hours for children was an
estimated nine hours per week. Oleg Budza, chair of the Confederation
of Trade Unions, acknowledged the prevalence of child labor, especially
in agricultural and sales sectors (markets) as well as the service
economy.
There were reports that farms and agricultural cooperatives signed
contracts with school directors to have students work during the
harvest high season; children were paid for the work but were pressured
to participate. On several occasions during the autumn harvest, the
ombudsman responsible for children investigated reports of children
working in fields and vineyards and returned the children to their
schools, threatening school authorities with fines. During inspections
conducted between June and October, the Labor Inspectorate Office (LIO)
found 405 persons under the age of 18 working for 14 agricultural
farms, including 245 children under the age of 16. As a result of LIO
inspections, 40 children were removed from the worst forms of child
labor, including five children under 15 years old working in the
agricultural sector.
The minimum age for unrestricted employment is 18 years. Persons
between the ages of 16 and 18 are permitted to work under special
conditions, including shorter workdays. Individuals falling within this
age range are prohibited from night, weekend, or holiday shifts and are
not permitted to work overtime. Fifteen-year-old children may work only
with written permission from a parent or guardian. The most common
labor violations involving persons under the age of 18 were failure to
issue work contracts, illegal overtime, scheduling work during school
hours, and underpayment or nonpayment of wages.
Children worked illegally picking apples, sewing in factories,
working as waiters, and in construction. Children also regularly worked
in theaters, car washes, markets, and transportation. During
inspections, one of the most commonly identified violations involving
child labor was a lack of legally required labor contracts. In addition
to illegal child labor, the inspections uncovered other violations
involving children, such as lack of proper safety equipment and
education, the participation of children in heavy labor or work with
dangerous chemicals, as well as violations in the areas of compensation
and vacation calculation.
Efforts by the LIO to enforce child labor laws did not effectively
prevent violations. Between January and October, the LIO uncovered 50
cases involving the employment of individuals younger than 18 years,
and 51 cases of children working illegally without a work record card
or signed work agreement. Of these 101 child labor violations, the LIO
referred eight to courts for further action. While the LIO could stop
ongoing child labor activities, it lacked the authority to punish
violators.
Through September, the LIO reported 454 violations against economic
agents for breaching labor legislation, and forwarded the documentation
to the courts. There were 32 contraventions impeding the activity of
the public officers forwarded to CCECC for farther investigations and
subsequent action.
There were reports that children, including those in state-run
orphanages, were trafficked within and to points outside the country
for commercial sexual exploitation, labor, and begging. The law
provides for 10 to 15 years' imprisonment for persons involving
children in the worst forms of child labor, and under aggravated
circumstances, the sentence could be life imprisonment.

e. Acceptable Conditions of Work.--The minimum monthly wage for the
private sector of the economy was amended on February 1, and set at
1,100 lei ($91) per month. The Ministry of Labor, Social Protection,
and Family announced that all economic agents had four months--until
May 1--to adjust their internal policies and salary calculations to the
new minimum wage. The amount was established after lengthy negotiations
with unions and company owners. The minimum monthly wage for the public
sector is established by the Government and was set in January 2009 at
600 lei ($50) per month. In October the National Bureau of Statistics
reported that the average monthly salary was 2,957 lei ($238).
The law sets the maximum workweek at 40 hours with extra
compensation for overtime and provides for at least one day off per
week. LIO field visits led to the sanctioning of violators when
discovered, but staff and funding deficiencies limited the frequency of
such visits. While the country had few foreign or migrant workers, the
law gives them equal status to domestic workers.
A thriving informal economy and black market accounted for a
significant portion of the country's economic activity. Union
representatives believed that the shadow economy employed approximately
30 to 40 percent of the workforce.
Under the labor code, work contracts are required for all
employment, even on private farms. Registration of contracts with local
officials is required, and the copies sent to the local labor
inspectorate. The 2009 LIO report noted that joint inspection teams
comprised of the LIO, tax inspectorate, and Interior Ministry,
operating in April and May 2009, identified approximately 900 persons
employed at about 250 enterprises without such contracts, a further
indication of the shadow economy. There were also no reports of such
contracts offered in the agricultural sector, and the central
government did not have a mechanism to monitor compliance with the
requirement.
The Government is required to establish and monitor safety
standards in the workplace, and the LIO was responsible for enforcing
health and safety standards. During the first nine months of the year,
the LIO performed 5,112 inspections, 2,578 of which were health and
safety inspections, in which the LIO documented 34,165 health and
safety infringements. During the same period, the LIO inspected 3,253
companies employing 198,000 persons, and uncovered 100 companies
employing 560 persons without proper documentation.
The law provides workers the right to refuse work if conditions
represent a serious health or safety threat, but there were no reports
that workers exercised this right in practice. Poor economic conditions
led enterprises to economize on safety equipment and provide inadequate
attention to worker safety. LIO representatives noted severe financial
and legal constraints on inspectors' activities, ranging from lack of
Internet access, training, and fuel for inspectors, to a system of
incentives that drives employers to pay minimal fines for violations
rather than address underlying problems.

__________

MONACO

The Principality of Monaco has an estimated resident population of
35,000, of whom approximately 7,000 have Monegasque citizenship. It is
a constitutional monarchy in which the sovereign prince plays the
leading governmental role. The prince appoints the Government
consisting of a minister of state and five counselors responsible for
finance and economy, internal affairs, health and social affairs,
environment and city planning, and external affairs. The prince shares
the country's legislative power with the popularly elected 24-member
National Council. In 2008 the country held multiparty elections for the
National Council that were considered free and fair. The National
Council meets at least twice a year to consider bills proposed by the
prince's government. The prince may dissolve the National Council at
any time, provided that new elections are held within three months. The
Crown Council has seven members, three chosen directly by the prince
and four chosen by the prince from nominees put forward by the National
Council. Security forces reported to civilian authorities.
The electoral system allows citizens to change many aspects of
their government, but there is no constitutional provision to allow the
citizens to change the monarchical nature of the Government.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices, and
there were no reports that government officials employed them.

Prison and Detention Center Conditions.--The country has one
detention center/penitentiary, which generally met international
standards, and the Government permitted monitoring by independent human
rights observers. Non-Monegasque convicted persons sentenced to long
prison terms are generally sent to France to serve their term while
citizens of Monaco remain incarcerated in Monaco.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the national police and the
Carbiniers du Prince, the ceremonial military unit which guards the
prince's palace. The Government has effective mechanisms to investigate
and punish abuse and corruption. There were no reports of impunity
involving the security forces during the year.

Arrest Procedures and Treatment While in Detention.--Arrest
warrants are required, except when a suspect is arrested while
committing an offense. The police must bring a detainee before an
investigating magistrate within 24 hours to inform the detainee of the
charges against him and of his rights under the law. Most detainees
were released without bail, but the investigating magistrate may order
detention on grounds that the suspect might flee or interfere with the
investigation of the case. Monaco and France work cooperatively to
return any fugitive who flees Monaco into France. The investigating
magistrate may extend the initial two-month detention for additional
two-month periods indefinitely. Detainees generally have prompt access
to a lawyer. The investigating magistrate customarily permits family
members to see detainees.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
judicial independence in practice. Under the law the prince delegates
his judicial powers to the judiciary.

Trial Procedures.--The constitution and the law provide the right
to a fair, public trial, and an independent judiciary generally
enforced this right. The defendant enjoys a presumption of innocence.
Trials are public, unless one of the following conditions exists: the
trial involves a person less than 18 years of age, either the
prosecutor or defendant requests a closed trial, publicity would cause
public unrest, or the public trial would be morally prejudicial. In
criminal cases a three-judge tribunal considers the evidence collected
by the investigating magistrate and hears the arguments made by
prosecuting attorney/s and defense attorney/s. Juries are not used. The
defendant has the right to be present and the right to counsel, at
public expense if necessary. Defendants have the right to question
witnesses against them and to present their own witnesses. Defendants
and their attorneys have access to government-held evidence relevant to
their cases. Defendants enjoy the right of appeal. After being found
guilty and receiving a definitive sentence, foreign convicts are
transferred to a French prison to serve out their terms. All citizens
enjoy these rights.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--The country is subject to
the European Court of Human Rights. During the year the court issued no
judgments or decisions in which the country was involved.

Civil Judicial Procedures and Remedies.--The country has an
independent and impartial judiciary in civil matters, and residents
have access to a court to bring lawsuits seeking damages for, or
cessation of, a human rights violation. Plaintiffs regularly use
available administrative remedies to seek redress for alleged wrongs.

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights in practice. However, articles 58 and 60 of the
Penal Code prohibit public denunciations of the ruling family,
provisions that the media followed in practice. The law provides for
punishment of six months' to five years' imprisonment for violation of
articles 58 and 60. No one was charged with violating these statutes
during the year.
As limited by the provisions of articles 58 and 60, an independent
press, an effective judiciary, and a functioning democratic political
system combined to ensure freedom of speech and of the press.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedoms of assembly and association, and the
Government generally respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

Protection of Refugees.--In theory the Government is committed to
following international norms regarding protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion. In practice the country depends on bilateral arrangements with
France in all matters relating to refugees and asylum. During the year
there were no reported cases of the Government granting refugee status
or political asylum. Illegal residents are referred to the French
authorities and taken out of the country. The Government refers refugee
requests to the French government.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The authority to change the Government and to initiate laws rests
solely with the prince. The constitution can be revised by common
agreement between the prince and the elected National Council.

Elections and Political Participation.--As head of state, the
prince names the minister of state, in effect the prime minister,
frequently a French citizen chosen in coordination with the Government
of France. The prince also names the five other counselors who make up
the Government.
Only the prince may formally initiate legislation, but the 24-
member National Council may propose legislation to the Government. All
legislation and the adoption of the budget require the National
Council's assent.
Elections for the National Council are held every five years and
are based on universal adult suffrage and a secret ballot. The 2008
National Council elections were considered free and fair. Several
political parties exist, operate freely, and are active on both the
national and municipal level.
There were six women in the 24-member National Council, and two
women in the seven-member Crown Council.
There were no members of minorities in the Government.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented these laws effectively. There were
isolated reports of governmental corruption alleged during the year,
but no formal proceedings against government officials for corruption.
Public officials are not subject to financial disclosure laws.
The law provides for public access to government information, and
the Government provided access in practice for citizens and
noncitizens, including foreign media.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
While the Government did not restrict the establishment or
operation of groups devoted to monitoring human rights, none existed in
the country during the year, nor did the country have an ombudsman for
human rights problems. The country's legislature (the National Council)
did not have a committee charged with oversight of human rights. The
Government is committed to full cooperation with any UN or other
international human rights organization, but no monitoring visits by
international human rights organizations took place during the year.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution provides that all nationals are equal before the
law. It differentiates between rights accorded to nationals (including
preference in employment, free education, and assistance to the ill or
unemployed) and those accorded to all residents (including
inviolability of the home). The law prohibits discrimination based on
race, gender, disability, language, or social status, and the
Government generally enforced it.

Women.--Rape, including spousal rape, is a criminal offense. There
were no arrests or prosecutions for any form of rape during the year.
Instances of violence against women were rarely reported. Spousal
abuse is prohibited by law, and victims may bring criminal charges
against their spouses.
Sexual harassment is illegal, and the Government effectively
enforced the law. There were no reports of sexual harassment this year.
Couples and individuals have the right to decide freely and
responsibly the number, spacing, and timing of their children, and to
have the information and means to do so free from discrimination,
coercion, and violence. There was easy access to contraception, skilled
attendance during childbirth, and women were diagnosed and treated for
sexually transmitted infections, including HIV, equally with men.
Although the law provides for the equality of men and women, there
is no institution with a mandate to monitor gender inequalities. The
law governing transmission of citizenship provides for equality of
treatment between men and women. Women were well represented in
professions, but less well in business and financial professions. While
no data was available, observers believed that there was a small and
gradually diminishing gender pay discrepancy.

Children.--Citizenship may be transmitted through either parent.
Citizenship is not derived from birth within the territory. The
Government registers all births immediately.
Child abuse was generally believed not to be a serious problem. The
Government sponsors public service programs against child abuse, and
the country's helpline service provides a means of reporting and
addressing child abuse.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international child abduction, please see the Department of State's
annual report on compliance at http://travel.state.gov/abduction/
resources/congressreport/congressreport--4308.html.

Anti-Semitism.--There were no reports of societal violence,
harassment, or discrimination against members of any religious group.
The Jewish community numbered approximately 1,000 persons. There were
no reports of anti-Semitic incidents or attacks.

Trafficking in Persons.--In 2009 there were no confirmed reports
that persons were trafficked to, from, or within the country.

Persons With Disabilities.--The constitution and the law prohibit
discrimination against persons with physical, sensory, intellectual,
and mental disabilities in employment, education, access to health
care, and the provision of other state services. The Government
effectively enforced these provisions. There was no reported
governmental or societal discrimination against persons with
disabilities. The Government through the Ministry of Health and Social
Affairs has largely fulfilled the legal requirement to provide access
to public buildings for persons with disabilities. According to
government statistics, approximately 2 percent of minors (persons under
18) were considered either to have disabilities or to be in danger and
therefore in need of assistance from the Social Welfare Services.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--No specific laws protect
lesbians, gays, bisexual, or transgender persons from discrimination.
The law imposes a punishment of five years' imprisonment ``for those
who harbor hatred or violence towards a person or group of persons.
based on their sexual orientation, real or supposed.'' However, under
the law, a racial or sexual discrimination infraction is not seen as an
aggravating circumstance, as it is in France. In July the first-ever
case of gay discrimination was reported to the court.

Other Societal Violence or Discrimination.--There were no reports
of violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--By law, workers are free to form and
join independent unions of their choice, but fewer than 5 percent of
workers were unionized. Non-Monegasque workers, who constitute
approximately 97 percent of the work force, have the right to join
unions. Of the larger foreign work force, nearly 70 percent are French
or Italian citizens. Unions were independent of both the Government and
political parties.
The constitution and law provide for the right to strike, but
government workers may not strike. The law protects the right of
workers to belong to a trade union. Failure to respect this right is
punishable by a fine or imprisonment from three months to a year.

b. The Right to Organize and Bargain Collectively.--The law
provides for the free exercise of union activity, and workers exercise
this right in practice. In reality, strike actions are infrequent.
Employer organizations and trade unions negotiate agreements on working
conditions. Collective bargaining is protected by law; however, it was
rarely used because of the widespread use of individual contracts.
Labor contracts are negotiated between employers and each worker
individually and are subject to work law and regulations.
Antiunion discrimination is prohibited. Union representatives may
be fired only with the agreement of a commission that includes two
members from the employers' association and two from the labor
movement. During the year no cases were brought before this commission.
Allegations of dismissal for union activity may be brought before the
labor court, which can order redress, such as the payment of damages
with interest.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The constitution and
law prohibit forced or compulsory labor, including by children, and
there were no reports that such practices occurred.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
minimum age for employment is 16 years old; those employing children
under that age may be subject to a fine under criminal law. Workers
between the ages of 16 and 18 may not perform nighttime work. The
counselor of government for the interior is responsible for enforcing
the child labor laws and regulations, and they were effectively
enforced.

e. Acceptable Conditions of Work.--The legal minimum wage for full-
time work is the French minimum wage, 8.86 euros per hour ($11.87) plus
a 5-percent adjustment to compensate for the travel costs of the three-
quarters of the workforce who commute daily. The minimum wage provided
a decent standard of living for a worker and family. Most workers
received more than the minimum wage.
The legal workweek is 39 hours. The Government allows companies to
reduce the workweek to 35 hours if they so choose. Regulations provide
for a minimum number of rest periods and premium pay for overtime. Law
and government decree fix health and safety standards, which health and
safety committees in the workplace and the Government labor inspector
enforced.
Workers have the right to remove themselves from dangerous work
situations without jeopardy to their employment, and authorities
effectively enforced this right.

__________

MONTENEGRO

Montenegro is a mixed parliamentary and presidential republic with
a population of 670,000. Both the parliament and the president are
elected by popular vote. The president nominates the prime minister,
who must win parliamentary approval. International observers reported
that parliamentary elections held in March 2009 met almost all
international standards but were marked by frequent allegations of
electoral fraud and a blurring of state and party structures.
Principal human rights problems included police mistreatment of
suspects in detention; substandard prison conditions; police impunity;
lengthy pretrial detention; inefficient trials; intimidation of
journalists; mistreatment of refugees; widespread reports of government
corruption; denial of public access to information; discrimination
against women; trafficking in persons; discrimination against persons
with disabilities; discrimination against ethnic minorities,
particularly Roma; intolerance based on sexual identity; and
infringement on the rights of workers.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
On June 29, the High Court convicted police officer Rade Popovic of
the June 2009 killing of Danijel Dedejic and sentenced him to six years
in prison. The officer, who was off duty at the time, punched the
victim in the face, and the victim died six days later.
During the year authorities continued to pursue several cases
involving charges of war crimes committed during 1991-99. The trial of
eight officers and soldiers of the Podgorica Corps of the former
Federal Republic Yugoslav Army, who were accused of the 1999 killing of
23 Albanian civilians in Kaludjerski Laz near Rozaje, continued at
year's end. One defendant was being tried in absentia; the others
remained in detention. The families of two of the alleged victims filed
civil suits claiming compensation of 15,000 euros ($19,950) and 20,000
euros ($26,600), respectively, for mental anguish.
On April 22, the special prosecutor for the suppression of
organized crime, corruption, terrorism, and war crimes, detained seven
former military and police personnel and charged them with war crimes
against Muslims in 1992-93 in the Bukovica region. The trial began on
June 28. On December 31, the Bijelo Polje Superior Court acquitted the
accused for lack of evidence.
Some nongovernmental organizations (NGOs), media, and opposition
figures alleged that authorities manipulated the processing of the war
crimes cases ahead of the May local elections. Twenty families whose
members were victims of the alleged crimes filed civil suits with the
Podgorica Basic Court. The court decided the civil case of Saban and
Arifa Rizvanovic and ordered the Government to pay each 10,000 euros
($13,300) for physical and mental anguish. The Belgrade Fund for
Humanitarian Law, the Rizvanovic court representative, voiced
dissatisfaction with the level of compensation.
The trial continued of nine defendants charged with the deportation
to Bosnia and Herzegovina of Muslims and Serbs who fled to Montenegro
from Bosnia in 1992. The deported Bosnians were reportedly killed by
Republika Srpska forces, and the deported Serbs, mostly deserters from
the Republika Srpska army, were turned over to that army. While four
defendants remained in custody; another four were arrested in Belgrade
on October 29, in accordance with the new bilateral extradition
agreement between Serbia and Montenegro. One defendant (Dusko Bakrac)
remained at large. On November 23, unknown persons vandalized the
vehicle of Slobodan Pejovic, a former colleague of those being charged,
who testified in the case on October 20. This was the fifth incident
involving vandalism against Pejovic. The perpetrators were never found,
although police have maintained surveillance over the building in which
Pejovic lived with his family. Pejovic told media that these instances
of vandalism represented a continuation of pressure on him and an
attempt to destabilize him as a person because of his testimony.
Several hours after his car was demolished, his daughter was fired from
the Ministry of Tourism. The ministry stated that she was fired not for
political reasons but because she had completed her internship. Pejovic
claimed that the secret service was behind the measures against him.
Referring to the statements by some witnesses heard during the trial,
the Association of Families of Deported Bosnian Citizens announced that
they would file legal charges accusing Pejovic for being an accomplice
in the crime.
On December 6, the Court of Appeals revoked a May decision of the
Podgorica Superior Court that found six former Yugoslav People's Army
soldiers and reservists guilty of war crimes in 1991 and 1992 in the
Morinj prisoner of war camp and sentenced them to prison terms ranging
from one and one-half to four years. The Court of Appeals ordered the
Superior Court to repeat the trial. The five accused who had been
apprehended were released, while one, convicted in absentia, remained
at large at year's end.
In July authorities undertook a search for a suspected mass grave
containing the bodies of Kosovo Albanians killed on the territory of
Montenegro during the 1990s; no evidence of the graves was found.
On February 17, authorities extradited Stanko Kovacevic to Croatia.
They arrested him in November 2009, based on a 2001 Interpol arrest
warrant issued in Zagreb alleging that he committed war crimes in
Croatia during the 1990s.
On March 24, police arrested Nikola Munjes, a refugee from
Benkovac, Croatia, on a Croatian war crimes warrant. They held him in
detention after his arrest, pending possible extradition.
On August 24, authorities extradited Marin Krivosic to Croatia
where he was wanted for war crimes allegedly committed in 1991. On
December 28, in Pljevlja, police arrested Milojko Nikolic, a member of
the former Serbian paramilitary group ``Jackals,'' who was suspected of
involvement in war crimes against Albanian civilians during the war in
Kosovo. The recent agreement on extradition between Montenegro and
Serbia would require authorities to extradite him to Serbia, where
former ``Jackals'' were on trial on the charge that in1999, in the
village Cuska,in Kosovo, they killed 44 Albanian civilians and
destroyed or set fire to more than 40 houses.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
police at times beat and harassed suspects while arresting them or
detaining them for questioning.
In June the NGO Youth Initiative for Human Rights (YIHR) asserted
that the number of cases of police misconduct decreased during the
first six months of the year. However, the NGO also noted that citizens
reporting misdeeds of police officers faced difficulties:
investigations of such cases were slow, evidence was difficult to
obtain, and officers often remained on duty while they were being
investigated.
In a report on its 2008 mission to the country that was released in
March, the Council of Europe's Committee for the Prevention of Torture
(CPT) noted that the CPT mission members heard many accusations of
police mistreatment of persons in their custody, primarily in the first
hours of detention in an effort to extract confessions. Both men and
women complained of ``slaps, punches, and kicks and blows with
truncheons, gun butts, or other hard objects.'' The report stated that
in several instances, the delegation noted evidence consistent with the
charges in the medical documentation at prison establishments.
Authorities responded by describing a number of measures they have
taken to discourage such practices.
During the year the Department for Internal Control of Police
Operations received 95 complaints concerning police conduct, compared
with 112 during 2009. The department found 14 cases justified and 81
unjustified. Police stated that they took disciplinary actions in
response to those complaints they considered justified.
Although there is a legally mandated agency, the Council for
Civilian Control of Police Operations, to which citizens could address
complaints of abuse, it is only empowered to make recommendations.
Since its establishment in 2004, the council has reviewed and forwarded
approximately 400 citizen complaints. In some cases, police failed to
respond to these recommendations. The council publicly invited police
officers to inform the Police Directorate and prosecutors about
possible police mistreatment of citizens and other irregularities.
Aleksandar Zekovic, a member of the council, accused the Police
Directorate of failing to punish adequately some officers found to have
abused their office. The police rejected those claims as unfounded. A
group of NGOs protested against the Parliament's failure to confirm the
renomination procedure of the NGO representative in that body (Mr.
Zekovic), while it endorsed the nominations of other four members.
Observers noted that during the year, police filed fewer
countercharges against individuals who reported police abuse than in
the past. It was widely believed that the practice of filing such
charges contributed to the reported reluctance of citizens to report
police mistreatment.
Delays in processing some allegations of police abuse at times led
to their dismissal by the courts because they had not been filed in a
timely manner. For example, in September 2009 the Basic Court in
Podgorica cited this reason when it shelved the indictments of police
officers Darko Delic, Darko Knezevic, Dragan Krstovic, Velimir
Rajkovic, and Slavko Minic, who had been accused of mistreating Milovan
Jovanovic.
During the year there were a number of incidents in which
authorities were charged with, or convicted of, mistreating persons in
their custody. For example, authorities in Herceg Novi charged police
officer Bozidar Jaukovic with mistreating Milos Konjevic after Jaukovic
arrived on the scene of an altercation on July 21. Konjevic claimed to
have been severely beaten by Jaukovic.
The High Court in Bijelo Polje opened an investigation against
police officer Dejan Radevic. Radevic was being investigated for
excessive use of force while arresting Asmir Dacic on December 13 in
Rozaje.
No new information was available regarding the May 2009 case of
police officer Kenan Osmankadic, who wounded mental patient Batric
Knezevic while escorting him to the mental hospital in Kotor.
Authorities acknowledged that Osmankadic made some professional
mistakes and pressed charges against him.
In August the Danilovgrad Basic Court sentenced police officer
Dragan Djukic to three months in prison for the 2008 mistreatment of
Prelja Djokic in the Konik district police station in Podgorica.
On June 11, the Podgorica Basic Court sentenced police officers
Milan Kljajevic and Milanko Lekovic to five months in prison and Ivica
Paunovic to three months for complicity in the mistreatment of
Aleksandar Pejanovic while he was in custody in 2008. The court
acquitted three other police officers: Bojan Radunovic, Dobrivoje
Djurisic, and Goran Stankovic. The convicted police officers appealed.
In response to statements made by Stankovic, the prosecutor's office
started and then stopped a new trial of Kljajevic, Lekovic, Paunovic,
Radunovic, and Djurisic. Aleksandar Pejanovic then filed a legal case
against Radunovic and Djurisic. In December 2009, during the trial,
Stankovic alleged that several of his colleagues, mostly supervising
and higher ranking officers, committed a series of offenses related to
ordering, enabling, and covering up the torture of Pejanovic, including
forging official records.
A trial was underway in the Basic Court of Bar in a case involving
earlier alleged police misconduct, including five Bar police officers
(Nesko Jaredic, Veselin Buskovic, Rifat Ramusovic, Ivica Raicevic, and
Jagos Pivljanin) charged with beating Predrag Djukic and Ivan Abramovic
in a police station in 2007. There were no reported developments in the
case of two former police officers charged with abuse of power,
extortion, and mistreatment of a flower vendor in Herceg Novi.
During the year the Berane Basic Court charged police officers Ivan
Bojovic, Nebojsa Veljic, and Zeljko Devic with abusing four Kosovo
Albanians detained in 2007. The trial was pending with the court at
year's end.
On June 10, the Basic Court in Bar sentenced police officer Mirko
Banovic to three months in prison and issued suspended sentences to
Vuksan Damjanovic, Jugoslav Raicevic, and Nenad Krstajic for the 2005
beating of Milika Bukilic in Bar.
No new information was available concerning the investigation of
former Podgorica police chief Milan Vujanovic, who reportedly ordered
the beating of prisoners during a raid on Spuz Prison in 2005. In their
report for the second quarter, the domestic NGO YIHR reported that the
number of cases in which police and other security officers were
involved in torture was lower than in the previous period, but the
number of cases of politically motivated violence was at a ``level to
cause concern.''
On June 25, a group of young men attacked the teenage son of the
opposition Movement for Change party leader Nebojsa Medojevic,
inflicting minor injuries. Three men were arrested. The attack followed
a physical assault on Medojevic himself outside his home earlier in the
year, shortly after he had given a high-profile interview during which
he publicly named a suspected criminal figure. Medojevic asserted the
attack was politically motivated. The Police Directorate strongly
denied the claim; however, the Council for Civilian Control of Police
Operations concluded that police exceeded their authority by expressing
a view about the lack of political motivation for the incident.

Prison and Detention Center Conditions.--Prisons and facilities for
holding pretrial detainees did not meet international standards and
were generally dilapidated, overcrowded, and poorly maintained,
although there were some improvements over previous years.
In the report of its 2008 visit, released in March, the CPT was
especially critical of conditions in pretrial detention centers. In
particular, it noted an ``alarming'' level of overcrowding in the
remand prison in Podgorica; at the time of the CPT visit, 512 prisoners
were in a facility whose official capacity was 320. According to the
report, in many cells prisoners had only mattresses or blankets on the
floor on which to sleep. Prisoners ate their meals in their cells, but
there were not enough places for all of them to sit. There was little
opportunity for exercise.
The press reported that inmates in Spuz and Bijelo Polje prisons
went on hunger strikes several times during the year after claims of
beatings, overcrowding, poor medical conditions, and bans on
extraordinary visits. Prison administrators categorically denied those
accusations.
YIHR claimed that the ombudsman did not receive all letters sent by
inmates, many requests for access to free information remained
unanswered, food and water in prison were of poor quality, and prison
management banned many furloughs normally granted to prisoners.
In contrast with the previous year, there were no fatalities or
attempts to commit suicide or self-inflicted injuries by prisoners or
detainees. During the year there were five hunger strikes against
lengthy criminal proceedings, severe punishment, and refusals to grant
pardons. Disciplinary procedures were initiated against four prison
staff.
In October the total prison population was 1,438 persons, of whom
780 were convicts and 658 were detainees. The maximum national prison
capacity is 1,130 inmates. Approximately 1,000 convicted persons were
waiting to serve their prison sentence. To reduce overcrowding, the
Assembly approved an amnesty law on July 27.
In contrast with previous years, there were no reports of juveniles
held in the same cells with adult prisoners.
Although the Spuz Prison hospital contains a department for
treating alcoholics and drug addicts, it was overcrowded, and such
prisoners, along with mentally ill prisoners, were often treated in the
Kotor psychiatric hospital, which lacks facilities and personnel to
house mentally ill patients together with dangerous convicts.
There were a number of cases in which prison officials were accused
of, charged with, or convicted of, mistreating inmates. The family of
Zeljko Mrvaljevic called on authorities to punish the officials who,
they alleged, ordered his beating in prison on January 16. Prison
personnel were alleged to have beaten Mrvaljevic in the belief that he
smuggled 11 mobile telephones into Spuz Prison. After the beating,
officials transferred Mrvaljevic to Bijelo Polje Prison in order, his
parents alleged, to distance themselves from his injuries.
On February 12, the State Prosecutor's Office rejected as unfounded
civil cases against Spuz Prison wardens filed by the families of
inmates Dalibor Nikezic and Igor Milic, who claimed that in October
2009 wardens severely beat them. Earlier, after analyzing security
camera footage and documents related to the reported attacks, ombudsman
Sucko Bakovic declared that there had been no reason for the use of
force in the case, especially not to the extent shown in the video. The
footage in question was posted online and shows uniformed staff hitting
prisoners who were being held down on the floor by prison guards.
Following the ombudsman's intervention, prison officials initiated
disciplinary proceedings against three wardens. However, the chief
state prosecutor, the Ministry of Justice, and prison management
concluded that the inmates were ``resisting,'' and that the guards Igor
Markovic and Radovan Todorovic did not overstep their authority. Some
NGOs believed that the prosecutor's office should have investigated the
case or provided an explanation for not doing so and more generally
they criticized the prosecutor's office and prison authorities for
their apparent unwillingness to confront prison torture. On November 2,
the prison director informed the media that four wardens were demoted
and the prison management removed in connection with this incident.
There were no new developments in the case of two female prison
guards accused of beating and injuring detainee Vladana Kljajic in 2008
in the women's detention unit in Spuz Prison. Prison authorities
claimed that Kljajic broke prison rules and was appropriately
disciplined but not beaten. Prison authorities filed charges against
Kljajic for assaulting an official, while Kljajic's mother filed
charges against the prison wardens.
On October 5, the Podgorica High Court imposed sentences of two and
a half to six years on four persons for distributing heroin inside Spuz
Prison to inmate Alen Harovic, who was found dead in his cell in
October 2009.
On March 17, the Basic Court in Danilovgrad determined that
authorities overseeing Spuz Prison were responsible for the 2007 death
of prisoner Dragan Kastratovic by electric shock and ordered the prison
to pay financial compensation to his family.
Prisoners had reasonable access to visitors and were permitted
religious observance. Authorities permitted visitors and detainees to
submit complaints to judicial authorities and ombudsman without
censorship and to request that authorities investigate credible
allegations of inhumane conditions. There was a special complaints box
in Spuz Prison in which the inmates could file grievances directly with
the ombudsman. However, several families of imprisoned or detained
persons claimed that serious violations of those rights occurred.
Authorities investigated credible allegations of inhumane conditions,
but some investigations took place only after media campaigns or the
ombudsman's recommendation. NGOs and human rights activists often
criticized the results of those investigations. The Ministry of
Justice, responsible for operating the national prisons, monitored
prison and detention conditions.
The Government permitted monitoring visits by independent human
rights observers, and they occurred during the year, including visits
undertaken on short notice. Human rights observers, including the
International Committee of the Red Cross (ICRC) and domestic NGOs, were
allowed to visit prisons and detention units and to speak with the
prisoners without the presence of a guard. The ICRC and the Helsinki
Committee of Montenegro made several visits during the year. Their
visits took place in accordance with the ICRC's standard modalities.
Representatives of the Office of the Human Rights Ombudsman routinely
visited prisons without prior notice, meeting with detainees and
inmates.
The ombudsman may consider cases involving violations of human
rights and freedoms committed by government authorities, whether by
their actions or their inaction, and can undertake activities to remedy
such violations. The ombudsman can also deal with general issues that
are important for the protection and promotion of human rights and
freedoms and can cooperate with appropriate organizations and
institutions dealing with human rights and freedoms. However, the
ombudsman may act upon complaints about ongoing judicial proceedings
only in cases of delay, if an obvious abuse of procedural powers
occurred, or if court decisions have not been executed. The ombudsman
may, without prior notification, undertake an inspection of all spaces
in prisons and other premises in which individuals deprived of their
liberty are held. The ombudsman may provide an opinion on the
protection and promotion of human rights and freedoms, upon the request
of the authorities deciding on such rights.
The law permits inmates to serve their sentences through voluntary
service in a state institution or agency, but this alternative, which
observers noted could reduce overcrowding, was used only in a few
cases.
Authorities continued to make improvements in the prison system.
New spaces were built in prisons in Spuz (8,300 square feet) and Bijelo
Polje (2,150 square feet). A new unit for prisoners serving shorter
sentences was established in Spuz. Repairs were made on the electric
and water supplies and sewage facilities in both prisons and existing
facilities were renovated. The CPT's March report acknowledged a number
of improvements made in the years before its 2008 visit.
To improve the general qualifications of prison staff, on March 11,
Spuz Prison and the Police Academy signed a memorandum of understanding
on the training and education of prison staff. During the year
approximately 82 percent of prison staff had at least a secondary
education. The memorandum described the planning, organization, and
administration of a two-year program for training guards and other
employees working within the prison.
In its 2008 report, which was released in March, the CPT pointed
out many shortcomings in prison and detention centers. In their
response, also released in March, the authorities, who had been aware
of the CPT's concerns since its 2008 visit, described measures
undertaken to correct some of the abuses it observed. The response
described measures authorities had taken to improve the hygienic and
technical conditions (potable water, daily light, ventilation, wooden
beds, and separate bathrooms) in police detention centers. They
reported they had acquired and installed video surveillance equipment
in a number of police facilities. Authorities reported that that they
had developed information forms in Montenegrin and other languages
informing detainees of the reasons for their detention, their right not
to make a statement, to have a defense attorney, and to inform someone
close to them about their detention. Authorities reported to the CPT
that they had introduced a hotline for complaints about police
behavior; they had taken organizational measures to improve the timely
provision of meals for detainees; and a police code of ethics was
adopted. The Government response described other concrete measures they
had taken to reduce the mistreatment of prisoners, improve detainees'
contacts with the outside world, improve their medical treatment, and
improve conditions in the Komanski Most Children and Youth Center and
the Ljubovic Children's Correction Center. No independent reports were
available to confirm or evaluate these improvements.
Authorities completed a project to equip detention units in all
police stations with video surveillance equipment in an effort to
reduce police abuse. The main prison in Spuz opened a new extradition
pavilion that, on November 1, had seven detainees, and a new pavilion
to house 144 minors, women, foreigners, and inmates serving sentences
of less than six months. The Government renovated existing facilities
and installed a permanent water supply to the prison; however, adequate
facilities for treating mentally ill prisoners or those with special
needs were lacking.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.

Role of the Police and Security Apparatus.--The national and border
police were responsible for law and order. They worked under the
supervision of the Ministry of Interior and Public Administration and
were generally effective. In 2009 internal control responsibility was
moved from the Police Directorate to the Ministry of Interior and
Public Administration in an effort to improve control of the police
force. The Agency for National Security, a separate entity within the
Ministry of Interior and Public Administration, has responsibility for
intelligence and counterintelligence. The Ministry of Defense is
responsible for military and security matters. There is a military
security department within the Ministry of Defense.
The Assembly's Committee for Defense and Security held regular
meetings with the directors of the national police and the Agency for
National Security as well as the minister of defense. The Assembly is
responsible for overseeing the democratic and civilian control of the
army, police and security services in accordance with the Law on
Parliamentary Oversight of the Security Services adopted on December
22. Pursuant to the amendments to the Law on Secrecy of Information,
Assembly members sitting on the Committee for Defense and Security had
access to classified documents without prior approval or security
clearances.
A report by the European Commission indicated that there was ``some
progress'' in policing and police reform over the 12 months that ended
in August and that a ``track record'' was being established in this
regard. The commission reported that disciplinary measures were imposed
on 124 police officers in this period, while from February to July,
criminal charges were brought against 27.

Arrest Procedures and Treatment While in Detention.--Arrests
require a judicial warrant or a ``strong suspicion that the suspect
committed an offense.'' Police generally made arrests with warrants
based on sufficient evidence. The law provides that police must inform
arrested persons immediately of their rights, and authorities respected
this right in practice. The police have a maximum of 24 hours to inform
the family, common law partner, or a social institution of an arrest.
Authorities may detain suspects for up to 48 hours before bringing them
before a judge and charging them. At arraignment the judge makes an
initial determination about the legality of the detention. In practice,
arraignment generally occurred within the prescribed period. The law
permits a detainee to have an attorney present during police and court
proceedings. Detainees generally had prompt access to family members.
There is a system of bail; however, it was not widely used because
citizens could rarely raise money for bail. The law sets the initial
length of pretrial detention at 30 days but provides for the
possibility of an extension to five more months and allows a defendant
to be detained for up to three years before a first-instance verdict is
issued.
Police continued to summon suspects and witnesses to police
stations for ``informative talks,'' usually without holding them for
extended periods. In principle those who have been summoned have the
right not to respond.
The law forbids use of force, threats, and coercion by police to
obtain evidence; however, during the year there were a few allegations
that police sometimes used those methods to obtain evidence. NGOs and
human rights observers noted that the incidence of such practices had
greatly declined in the previous two years.
Long trial delays frequently led to lengthy pretrial detention. The
law prohibits excessive delays by authorities in filing formal charges
against suspects and in opening investigations; however, such delays
occurred regularly. The law on the right to trial within a reasonable
time was not implemented effectively; almost all complaints about
delays were rejected on procedural grounds. Trials themselves were
subject to frequent interruptions. Pretrial detainees, on average,
accounted for 50 percent of the prison population. The average length
of pretrial detention was approximately six months and 10 days.
On August 26, those portions of a new Criminal Procedure Code
relating to war crimes and organized crime and corruption entered into
force. The Ministry of Justice had earlier stated that the judiciary
was prepared to apply the entire code during the year; however,
implementation of the remaining elements was postponed by one year.

Amnesty.--On July 27, the Assembly adopted an amnesty law that
allows for a 20 percent reduction of some prison sentences. The law
applies to persons who were serving sentences as of the day the law
came into force, to persons convicted by foreign courts but serving
their sentences within the country, and to persons convicted of
sentences up to three months who had not yet started to serve their
sentences. The amnesty did not include persons convicted of human
trafficking, war crimes, crimes against humanity, rape, and those
pardoned in accordance with previous laws. According to the law,
sentences of three months or less should be suspended.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, some observers asserted that the
judiciary was not always independent and that government officials at
times influenced prosecutors for political and personal reasons. Some
observers contended that the executive and legislative branches,
through the process of proposing and adopting the budget for the
courts, could influence the independence of the judiciary, as well as
through the legal framework, which leaves space for political
influence. Many observers asserted that the system of appointing
judicial and prosecutorial officials contained inadequate protection
against the exertion of political influence on the judiciary and that
the absence of a merit-based career system, together with the system of
random allocation of cases, undermined its quality. A large backlog of
cases, frequently primitive courtroom facilities, lack of sufficient
administrative support for judges and prosecutors, shortage of skills,
cumbersome procedures, and judicial corruption also remained problems.
Although many cases took years to resolve, courts continued to make
progress in reducing the backlog of civil and criminal cases. They
accomplished this by establishing deadlines for solving priority cases,
using greater flexibility in reassigning judges from one court to other
as needed, and equipping courtrooms with modern technology. However,
many suggested that these measures may have had an adverse effect on
quality. Priority was given to the cases involving corruption,
organized crime, war crimes, drugs, illegal construction, money
laundering, human trafficking, and family violence.
The Judicial Council is responsible for the election, discipline,
and removal of judges. Since the existing Judicial Council was
established in 2008, several judges have been fired, suspended, or
sanctioned for unprofessional behavior. Beginning in June 2009, the
Judicial Council prohibited judges from sitting on various government
commissions due to the incompatibility of such service with their
primary judicial function.
On December 28, President Filip Vujanovic nominated outgoing
Minister of Justice Miras Radovicas to be a Constitutional Court judge.
Parliament appointed Radovic judge a day later. Many questioned the
Government's intention to depoliticize the judiciary, given Radovic's
former involvement in the Government. Radovic, who served as a judge
prior to his appointment as Justice Minister in the previous
government, resigned as a member of the ruling Democratic Party of
Socialists on December 29. He stressed that he would do his job without
political influence. The Constitutional Court consists of seven judges
appointed for nine-year terms. They in turn appoint one of their number
as president of the court for a period of three years.
The anticorruption watchdog Network for Affirmation of the NGO
Sector (MANS) claimed that Chief State Prosecutor Ranka Carapic
violated conflict of interest laws by serving as president of the
Prosecutor's Council. MANS called on the Assembly to remove her from
that position. MANS accused Carapic of receiving significant financial
compensation from her council position.
Generally accepted rules of international law are an integral part
of the internal legal order and have supremacy over national
legislation. The extradition agreements with neighboring Serbia and
Croatia helped bring some suspects in the country and abroad to
justice.
Authorities claimed that courts completed 75 percent of their cases
in 2009, processing 14,038 more cases than the previous year. They
stressed that this was accomplished despite the financial difficulties
faced by the court. Financial problems were also cited as the reason
for postponing the full implementation of the newly adopted criminal
procedure code. Authorities justified courts' lenient penal policies
(one-third of judgments resulted in prison sentences, approximately 10-
15 percent in fines, and more than 50 percent in probationary
sentences) by pointing to the problem of overcrowded prisons and the
large number of convicts, all but the most serious offenders, at
liberty, waiting to serve their prison sentences.
The implementation of civil and criminal court decisions frequently
remained weak. A law on free legal aid is still pending. The salaries
of judges and public prosecutors were improved.
On April 22, Judge Ljiljana Simonovic of the Kolasin Basic Court
accused Vesna Medenica, president of the Supreme Court, of removing her
from office for political reasons. Medenica told the press that
Simonovic was dismissed for poor performance unrelated to any political
influence.
On December 4, the Court of Appeals confirmed a June ruling of the
Podgorica Superior Court that sentenced Vaselj Dedvukaj in absentia to
six years and six months in prison. Dedvukaj was one of 17 persons
convicted in 2008 of planning a rebellion in order to create by force
an autonomous region for ethnic Albanians, contrary to the
constitution.
On July 5, Arif Spahic, a former judge of Bijelo Polje Superior
Court, was sentenced to seven years in prison on charges of corruption.
On December 30, the Court of Appeals confirmed the decision of the
Superior Court. Spahic was found guilty of taking bribes to reduce the
sentence and ensure the release of a man convicted of causing a death
in a car accident. Dzemal Ljuca, an employee of the municipality of
Bijelo Polje, was sentenced to two years in prison for brokering the
deal.

Trial Procedures.--Criminal trials are generally public, but
sessions may be closed during the testimony of state-protected
witnesses. Juries are not used. Professional judges preside over
trials. Lay judges assist them in determining verdicts but the judges
generally determine the sentences. Defendants have the right to be
present at their trials and to consult with an attorney in a timely
manner in pretrial and trial proceedings. Defendants have a right to an
attorney; an attorney is generally provided at public expense when a
defendant is destitute or following indictment on a charge carrying a
possible sentence greater than 10 years in prison. Defendants and their
attorneys have the right to access government held evidence relevant to
their cases. Defendants enjoy a legal presumption of innocence. Courts
may try defendants in absentia as long as they repeat the trials if the
convicted individuals are later apprehended. Both the defense and the
prosecution have the right of appeal. The Government at times
influenced the judiciary--for example, in some trials for slander or
corruption involving prominent persons or senior officials--and such
influence contributed to continued public distrust of the judiciary.
However, defendants' rights were generally respected and extended to
all citizens.
A two-year trial-monitoring project sponsored by the Organization
for Security and Cooperation in Europe (OSCE), completed in June 2009,
indicated that progress was made in prosecuting cases but noted
problems with the duration of trials, their fairness, and the
insufficient capacity of the judiciary. A report issued by the Council
of Europe in September 2009 described the country's progress in
reducing backlogs court cases as ``impressive.''

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--Once national remedies are
exhausted, citizens may appeal violations of their human rights to the
European Court of Human Rights (ECHR). At year's end, 700 cases
involving the country were pending before the ECHR. Most related to
property restitution, property rights, length of pretrial detention,
media freedom, treatment of citizens by police, the right to a timely
trial, and slander. Since 2004, ECHR rejected 250 appeals as
inadmissible and has issued three rulings against the Government for
violations of the European Convention on Human Rights. Authorities
immediately implemented the first ruling, handed down in April 2009.
The other two, issued on September 21, became binding on December 21.

Civil Judicial Procedures and Remedies.--The constitution and law
provide for an independent judiciary in civil matters, and citizens had
access to courts to bring lawsuits seeking damages for, or cessation
of, human rights violations. Although parties have brought suits
alleging human rights violations and at times prevailed, there was high
public distrust in the independence of the judiciary. The sensitivity
of law enforcement and the judiciary when it comes to human rights
remained insufficient. Legal aid is provided by the Bar Association and
NGOs.
Citizens may appeal violations of their human rights to the
Constitutional Court. However, this legal remedy as the supreme form of
appeal before the domestic judiciary turned out to be practically
unavailable to citizens.
In July 2009 an attorney filed a claim for 1.1 million euros ($1.5
million) in damages covering eight cases involving 46 plaintiffs and
one claim on May 26, for 40,000 euros ($53,200) involving four
plaintiffs related to the 1992 deportation of Muslims and Bosniaks to
the Republika Srpska in Bosnia-Herzegovina, where they subsequently
were killed or disappeared. These cases were in addition to earlier
ones in which 196 plaintiffs were awarded 4.1 million euros ($5.5
million). Two cases were completed in which the plaintiffs were awarded
370,000 euros ($492,000), while other cases were pending at year's end.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice. The
law requires the Agency for National Security (ANB) to obtain court
authorization for wiretaps; however, some observers believed that
authorities selectively used wiretapping and surveillance against
opposition parties and other groups without court authorization. Many
individuals and organizations operated on the assumption that they
were, or could be, under surveillance.
There was no response during the year by the Constitutional Court
to a complaint filed in 2008 by MANS challenging the laws and the
memorandum of understanding between police and the telephone company M-
Tel giving police direct access to the databases of mobile telephone
service providers, without judicial oversight, for the purpose of
monitoring potential criminal activity. M-Tel is one of the country's
three mobile phone service providers. MANS asserted that this violated
citizens' right to privacy. Police responded that all communications
monitoring had to be approved by the competent prosecutor's office.
On July 26, 24 journalists, 10 representatives of opposition
political parties (including four Assembly members), and seven
employees of MANS filed requests with the ANB for access to any files
being kept on them. On August 24, the ANB replied that they were not
keeping any such files. During an October 6 session of the Assembly's
Committee for Defense and Security, the ANB informed parliamentarians
that it was not conducting surveillance of opposition politicians, NGO
representatives, or journalists.
During the first nine months of the year, four citizens requested
permission to inspect secret files kept by security services between
the years 1945 to 1989. Two requests related to the persons directly,
while two requests related to third persons. The ANB responded that
there was no information concerning any of those persons.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press; however, there were some
restrictions of freedom of the press in practice.
Individuals could criticize the Government publicly or privately
without reprisal, and there were no reports that the authorities
monitored political meetings or otherwise attempted to impede
criticism.
The print media included private newspapers and a state-owned
newspaper with a national circulation. The independent media were
active and generally expressed a wide variety of political and social
views without government restriction. The Government did not restrict
the distribution of foreign publications.
Authorities made no further attempts to sell the Government's 51
percent stake in the public company that publishes the daily newspaper
Pobjeda, following the failure of efforts to do so in 2007 and 2008.
The failure to privatize the state-owned newspaper as required by the
2002 parliamentary legislation remains unfulfilled at year's end.
Instead, the company received 12.77 million euros ($17 million) from
the Government in the form of tax concessions and loan guarantees made
in 2009. On July 7, the Ministry of Finance informed the media that the
aim of these actions was to avoid Pobjeda's bankruptcy and help the
paper survive. The Government's actions increased its share in the
company to 86 percent.
Opposition politicians criticized the Government's 2009 decision to
appoint Predrag Sekulic, the political director of the ruling
Democratic Party of Socialists, as president of the board of directors
of Pobjeda and to appoint an advisor to former prime minister Milo
Djukanovic as the paper's editor in chief. They asserted that the
newspaper clearly favored the Government in its reporting. Some
observers claimed that the newspaper was used to discredit the
Government opponents, including opposition politicians, some private
media owners, and NGOs. On December 29, Sekulic became a minister in
the newly formed government and subsequently stepped down from the
board.
A wide variety of public and private broadcast media included a
national public radio and a television broadcaster, 14 local public
radio and four local public television stations, and 41 private radio
and 19 private television stations. On January 27, the Agency for
Electronic Communication and Postal Activity (AECPA) allocated a series
of 20 terrestrial broadcasting frequencies to broadcasters that
responded to a tender issued by the AECPA in November 2009. The private
television network TV Vijesti, which had attempted for two years to get
licenses to broadcast in Podgorica, was also granted frequencies. TV
Vijesti, often seen as a strong critic of the Government and former
Prime Minister Djukanovic, had previously accused the Government of
blocking its access to a wider market for political reasons by delaying
the tender process.
The Council of Europe, the OSCE, and the European Commission, as
well as domestic NGOs, criticized the Law on Electronic Communications
which provided for the Government's major role in selecting members of
the AECPA's governing council. In response to these criticisms and in
order to align with international standards on the independence of
media regulators, the Assembly on July 27 adopted the Law on Electronic
Media which took the responsibility for issuing broadcasting licenses
away from the AECPA and transferred it to the Agency for Electronic
Media, which is legally an independent regulator.
Government opponents--and even the ruling party's junior coalition
partner, the Social Democratic Party--continued to criticize the
functioning of the country's public radio and television broadcaster,
Radio and Television of Montenegro (RTCG). They alleged that changes
made in 2008 to the law governing the funding of the public
broadcaster, which substituted government subsidies for user fees, made
RTCG more dependent on the Government. They also criticized changes in
the method of selecting members of the governing board of the public
outlets, which increased the role of the Assembly at the expense of
civil society. In 2009 the Assembly elected all nine members of the
RTCG council. Some observers noted that a majority of the nine entities
authorized to nominate candidates for the RTCG council are state-funded
institutions or organizations and that the public broadcaster clearly
favored the Government in its programming and reporting.
There were no reports during the year of physical attacks on
journalists, but threats against them and unsolved attacks on them from
previous years, as well as police investigations and court procedures
related to those attacks, remained in public focus. At year's end,
despite much legal wrangling, pretrial proceedings were not completed
in the well-known case of the alleged attack in August 2009 by
Podgorica Mayor Miomir Mugosa and his son on deputy editor in chief
Mihailo Jovovic and photo reporter Boris Pejovic of Podgorica-based
daily Vijesti. The incident reportedly began while Pejovic was
photographing the mayor's official car, which allegedly was parked
illegally. On January 25, in a separate procedure, the Podgorica Court
for Offences fined Mugosa 400 euros ($532) for insulting Jovovic and
Pejovic in connection with the incident.
There were no developments in the investigations of several earlier
physical attacks on journalists, including a 2008 attack on Mladen
Stojovic, a journalist of the Serbian daily Danas and former stringer
for Podgorica-based daily Vijesti.
On July 12, the Supreme Court confirmed the Court of Appeals' 2009
sentence of Damir Mandic to 18 years in prison as an accessory in the
2004 murder of Dan newspaper editor Dusko Jovanovic. Other
participants, as well as those who actually planned the murder,
remained at large at year's end.
On June 25, police interrogated Monitor journalist Petar Komnenic
and NGO activist Veselin Bajceta about a video that appeared on the
Internet of alleged drug trafficker Safet Kalic's 2001 wedding. The
video showed several ANB officials attending the wedding ceremony and
in close contact with Kalic. Komnenic and Bajceta publicly questioned
why authorities were investigating the placement of the footage on the
Internet. They expressed concern that the investigators were not taking
action against the intelligence officers observed in the video.
Officials continued to bring or threaten libel and defamation suits
against media organizations or journalists that accused them of
wrongdoing directly or by implication. In many cases, media observers
regarded the fines levied upon those convicted as disproportionate, and
some NGOs warned that the prospect of criminal libel charges could
deter journalists from reporting candidly on events. On April 22, the
Assembly amended the Criminal Code by introducing the publishing of
court judgments in libel cases as an alternative to imposing fines. The
NGO Human Rights Action called on the authorities during the year to
decriminalize libel completely or, alternatively, to reduce fines
significantly in keeping with ECHR case law. Conviction of criminal
libel could lead to fines of up to 14,000 euros ($18,620).
On February 8, the Podgorica Superior Court fined the daily
newspaper Dan 14,000 euros ($18,620) for libel following former Prime
Minister Djukanovic's 2003 lawsuit. The prime minister sued the paper's
deputy editor in chief, Danilo Vukovic, for publishing articles in 2003
related to Djukanovic's alleged involvement in the well-known human
trafficking case of a Moldovan woman.
On July 9, the Podgorica Superior Court overruled the May acquittal
in a libel case involving Monitor magazine journalist Sead Sadikovic.
The Superior Court's ruling directs the journalist to pay ANB official
Zoran Lazovic one euro ($1.33) for ``emotional distress'' caused by an
article that Monitor published in April 2007. The article contained
information about Lazovic's purported connections with alleged drug
trafficker Safet Kalic. Sadikovic was quoted as saying that ``the
Superior Court's decision is a clear message that journalists should
not mention state officials, especially police officials.''
On October 19, Podgorica's Superior Court upheld a lower court's
imposition of a 3,000-euro ($4,000) fine on Petar Komnenic, a Monitor
journalist, for libeling Ivica Stankoivic, who was then president of
the Podgorica Superior Court, in a 2007 article implying that he had
criminal connections. On November 5, the Podgorica Superior Court
overruled the basic court's November 2009 imposition of a 2,000 euro
($2,660) fine against Komnenic, who was found guilty of libeling
alleged drug trafficker Safet Kalic. The superior court ordered the
lower court to retry Komnenic. The journalist was sued for an article
published by the Monitor in 2008. Komnenic assessed his acquittal as a
consequence of the country's process of integration with the EU and
asserted that ``the Government, which was instructing the courts, or
the courts, under government influence, became aware'' that libel
verdicts with large fines would not be allowed anymore. On Novemer 15,
in a separate civil lawsuit, the Podgorica Basic Court acquitted the
Monitor of libel charges filed by Kalic for a series of articles
published by the weekly in 2007 and 2008.
The slander trial of author Ibrahim Cikic was delayed several times
during the year, as police claimed they could not find Cikic at his
home address in Bijelo Polje to serve a summons on him. Eleven persons
sued him because of allegations he made in a book that, as former
prison employees, they tortured him when he was serving a sentence
following what he considered to be a politically motivated prosecution.
Cikic and 20 leaders of the Party of Democratic Action of Montenegro
went to prison in 1994, convicted of plotting an armed conflict in the
northern Sandzak region.
Lower courts acquitted journalists and NGO activists in several
defamation suits during the year. The Podgorica Basic Court acquitted
Vijesti journalist Jasmina Muminovic of the defamation charges filed
against her by alleged drug trafficker Safet Kalic. The same court
acquitted Vijesti journalist Samir Adrovic of defamation charges filed
against him by the former head of police in the city of Ulcinj. Vijesti
journalist Komnen Radevic was also acquitted of libel by the Podgorica
Basic Court.
On November 8, Podgorica's Basic Court acquitted Vanja Calovic,
executive director of anticorruption watchdog MANS, of defamation
charges brought by MNSS BV, the company that owned the Niksic
Steelworks. On February 15, Dejan Milovac, a MANS activist, was
acquitted in a defamation suit against him brought by Cetinje Mayor
Milo Jankovic.
On April 30, the Podgorica Basic Court announced that the then
president of the Podgorica Superior Court, Ivica Stankovic, withdrew a
defamation lawsuit against the Vijesti editor in chief. Stankovic had
sued over an article alleging that, in a closed session of the
Assembly's Security Committee, the director of police named Stankovic
as one of the judges who had obstructed several police investigations.
On May 18, the Superior Court overruled a September 2009 Podgorica
Basic Court decision to fine Vijesti, along with Nebojsa Medojevic,
leader of opposition political party Movement for Change, 33,000 euros
($43,890) for tarnishing the reputation of the firm MNSS BV, owner of
the Niksic Steelworks. The case involved a 2008 opinion piece, written
by then presidential candidate Medojevic, which warned of the potential
for money laundering following MNSS BV's purchase of the steelworks.
On August 11, Milutin Sekulovic, a correspondent for Serbian daily
Vecernje Novosti, informed police that he was threatened over the phone
by Milan Golubovic, a municipal official in Berane. An article written
by Sekulovic that same day about Golubovic's decision to order the
removal of a billboard protesting a waste disposal decision was
believed to be the reason Golubovic threatened him. The prosecutor's
office concluded that there were no elements of a criminal act in
Golubovic's behavior. On September 10, Jovan Loncar, a citizen of
Berane whose billboards were removed by local authorities, sued the
municipality and the companies managing the billboards for violating
his freedom of expression. The lawsuit was pending before Berane's
basic court at year's end.
On September 24, five individuals employed by Vijesti and known to
be strong critics of the Government--diirector Zeljko Ivanovic, editor
in chief Ljubisa Mitrovic, cultural affairs editor Balsa Brkovic,
director of TV Vijesti Slavoljub Scekic, and Vijesti columnist Milan
Popovic--received anonymous letters containing the threatening message,
``it is over, you are next.'' Popovic had been previously interrogated
by supreme state prosecutor Ranka Carapic about a January 2009 opinion
piece he published in Vijesti, in which he cited corruption, conflicts
of interest, and organized crime as major national problems and wrote
that there were indications of the prime minister being involved in
such activities. Popovic claimed that Carapic asked him for evidence to
support the allegations. A group of intellectuals protested against the
prosecutor's action, calling it a violation of Popovic's right to
freedom of speech. On October 5, the group again publicly protested
disciplinary action initiated against Popovic the previous day by the
University of Montenegro law faculty dean Ranko Mujovic for having
criticized him (Mujovic) and high-ranking state officials at a
September 30 faculty meeting.
On October 14, on the eve of a municipal election in Ulcinj, the
owner of local television station Teuta, Dino Ramovic, informed police
that he received telephone threats from Ulcinj Mayor Gzim Hajdinaga,
who led the Democratic Union of Albanians and the Party of Democratic
Prosperity coalition in the election. Unsatisfied with the timing and
order of presentation of his coalition's preelection activities by
Teuta, Hajdinaga warned Ramovic that 200 of his supporters would come
to the station to force him fulfill his demands. Upon Ramovic's
denouncement, the police provided an overnight patrol to safeguard the
television station.
Despite these developments, observers noted an increase in the
willingness of the media to criticize the Government, although a
profound division between progovernment and opposition media remained.
The prominence of articles and television programs critical of the
authorities during the year suggested that self-censorship was not a
major problem; however, observers noted that some journalists were
susceptible to political and business influence due to their lack of
expertise and their political affiliations.

Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet Web sites or chat rooms. Individuals and groups could engage
in the peaceful expression of views via the Internet, including by e-
mail and social media websites. According to the Agency for
Telecommunication and Postal Activity, the total number of broadband
connections was 63,155 in October, which corresponds to an Internet
household penetration of 34.4 percent. According to data published by
the International Telecommunication Union, there were 294,000 Internet
users in the country in 2008; government data showed 44 percent of the
population used the Internet in December 2009, up from 36 percent in
October 2008.
There were no reports that the Government collected or disclosed
personally identifiable information of a person based on that person's
peaceful expression of political, religious, or ideological opinion or
belief. However, MANS criticized police authorities for finalizing an
agreement in 2007 with a local telecommunication service provider M-Tel
under which the provider agreed to give authorities direct access to
the company's data. In 2008 MANS, citing the Free Access to Information
Law, requested information from the police about the content of the
agreement. On May 28, after an administrative court overruled the
initial police denial of the request, the Ministry of Interior complied
by ordering the Police Administration to reveal the details of the
agreement, and on October 11, the ministry gave a copy of it to MANS.
The agreement gave police round-the-clock access to all forms of
communication provided by M-Tel. On September 13, the Constitutional
Court rejected MANS' 2008 complaint that the agreement concluded
between the police and the operator violates the plaintiffs' right to
privacy. However, the Constitutional Court did not act during the year
upon MANS' 2008 request for a decision on the constitutionality of
provisions of the Criminal Code and the Government action plan for the
fight against corruption and organized crime concerning police
authorities having access to telecommunication providers' data.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
Government generally respected these rights in practice. A wide range
of social, cultural, and political organizations functioned without
interference. Citing the organizers' noncompliance with a legal
requirement to announce public gatherings in advance, police in May
2009 banned a series of assemblies of workers of the Aluminum Plant of
Podgorica who wanted to demonstrate against the company's management
for failing to pay salaries. The workers complained to the Ministry of
Interior and Public Administration, asserting that this requirement
violated the constitution, but there were no indications that the
Government responded.

c. Freedom of Religion.--For a description of religious freedom,
see the 2010 International Religious Freedom Report at www.state.gov/g/
drl//irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice.
For the most part, the Government cooperated with the Office of the
UN High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in providing protection and assistance to displaced
persons, refugees, returning refugees, asylum seekers, stateless
persons, and other persons of concern.
The law prohibits forced or arbitrary exile, and the Government did
not employ it.

Internally Displaced Persons (IDPs).--The Government maintains an
official estimate of 10,948 persons who fled Kosovo during the 1999
conflict there, and whom it recognizes as IDPs (both the present
territories of Montenegro and Kosovo having been part of the State
Union of Serbia and Montenegro). However, for an additional 5,415
persons, mostly ethnic Serbs who fled in 1991-95 from Bosnia and
Herzegovina and from Croatia during the conflict that attended the
breakup of Yugoslavia, it created the category of ``displaced persons''
(DPs). The UNHCR, on the other hand, regards all of these persons to
have been `` refugees'' at the time of their arrival.
The treatment of DPs and IDPs was not equal. The law recognizes DPs
as lawful residents, a designation that could lead to citizenship
through residence or through marriage with a citizen. However, the law
omits IDPs, whose numbers included mainly Roma, Ashkali, Balkan
Egyptians, Muslims, Bosniaks, ethnic Serbs, Albanians, and
Montenegrins, from the description of persons meeting the required
criteria for lawful residence.
Many of the displaced, both DPs and IDPs, continued to live in
deplorable conditions in unofficial collective centers and other
accommodations. However, authorities permitted them access to domestic
and international humanitarian organizations and permitted them to
accept assistance provided by these groups.
The Government did not attack or target displaced persons or
forcibly return or resettle them under dangerous conditions.
Restricted access to employment has pushed many DPs and IDPs to
provide for themselves and their families through gray-market
activities. Romani, Ashkali, and Egyptian IDPs from Kosovo were
particularly affected and continued to form the most marginalized and
vulnerable segment of the displaced/refugee population. A law governing
the employment of aliens, which entered into force in January 2009,
removed the right of IDPs or DPs to work. After UNHCR's intervention
with the prime minister, the possibility of engagement at seasonal work
was opened, but only until the end of 2009. In July the Government
passed the Decree on the Manner of Exercising Rights by DPs and IDPs,
which enabled these persons to register with the Employment Bureau and
have the same health care as Montenegrin nationals. However, the
prerequisite for registration is having a unique citizen identification
number (JMBG), which requires birth and citizenship documentation,
which many, particularly Roma, Ashkali, and Egyptian IDPs, do not have.
Between April and July 2009, the Government completed a program of
registration of DPs from Bosnia and Croatia and reported that 5,769 of
the initial 7,820 had successfully reregistered. Between September 2009
and February 2010, the Government completed the registration of IDPs
from Kosovo, and their numbers decreased from 16,197 to 10,979. The
registration, closely monitored by the UNHCR, was intended to help
authorities decide on the future status of these persons. Those who did
not reregister or were not entitled to reregister would not be eligible
for the status of ``foreigner with permanent residence,'' and their
present status would be terminated.
However, those persons not able or willing to apply for the status
of foreigner with permanent residence, as well as those unable to
access Montenegrin citizenship, would have the possibility to apply for
asylum if they are still in need of international protection. The
deadline for submitting applications for foreigner with permanent
residence status is scheduled to expire on November 7, 2011. Those who
miss the deadline will be considered as illegal residents.
In September 2009 the Government adopted an action plan for
resolving the status of displaced persons from the former Yugoslav
republics and IDPs from Kosovo and in October 2009 amended the Law on
Aliens in order to meet the benchmarks for visa liberalization set by
the EU. The new provisions give such persons the opportunity to seek
the status of foreigners with permanent residence while exempting them
from the minimum income standard and other usual requirements for that
status. A foreigner with permanent residence has the same rights as a
citizen, save the right to vote. In UNHCR's view, however, this
mechanism involved many difficult hurdles. Persons would be required to
provide valid travel documents from their countries of origin and
should have no criminal records. The requirement to present valid
travel documents was of particular concern to the Romani, Ashkali, and
Egyptian communities, many of whom had no birth records, either because
their births were never registered or because their records were
destroyed during conflict. However, related legislation permits DPs/
IDPs unable to present valid travel documents to obtain the status of
``temporary'' foreign resident, with all the rights accorded to
foreigners with permanent residence, and gives those three years to
obtain valid travel documents and have their status made permanent.
The UNHCR observed that limited progress was made in the
implementation of the action plan since its introduction, despite the
Government's stated commitment to it. The number of applications for
the new status by DPs and IDPs remained low, and by the end of the year
only 529 DPs and 351 IDPs applied for the status of foreigner with
permanent residence. In addition, only 40 DPs and one IDP applied for
the status of foreigner with temporary residence. As of year's end, 373
persons (238 DPs and 135 IDPs) were granted the status of foreigner
with permanent residence, while no decisions were made on the
applications for temporary residence.
During the year the Government continued to encourage IDPs to
return to their places of origin. Some continued to assert that the
Government did not provide adequate support to make it possible for
them to do so. However, after many years in the country, the number
participating in voluntary repatriation has declined. At the time of
the 2009 reregistration, 9,953 IDPs (or 90.1 percent) expressed their
desire to remain in the country, while 244 (or 2.2 percent) declared
themselves as willing to return to Kosovo. Some 1,600 IDPs, mostly
Roma, Ashkali, and Egyptians, have returned to Kosovo since 2001; 177
returned during the year. Among DPs, only 35 refugees returned to
Bosnia and Herzegovina and to Croatia in 2006, nine returned in 2007,
five in 2008, 10 in 2009, and 12 during the year.
While a considerable number of DPs have returned to their places of
origin since 1996, the repatriation of those who remained slowed to a
trickle. Only 10 persons returned to Bosnia and Herzegovina or to
Croatia in 2009 and just another 12 during the year. By contrast, more
than 600 Bosnian and Croatian refugees acquired Montenegrin citizenship
between May 2008 and June 2010, in many cases through marriage with
Montenegrin citizens.
During October and November, the UNHCR conducted an outreach and
media campaign for DPs and IDPs to inform them about the possibility of
acquiring permanent residence as a foreigner and the November 7
deadline for applications.
The July 22 reduction of applicable administrative taxes removed an
important obstacle and facilitated DP and IDP access to the new status.
The UNHCR observed that progress in implementing the action plan was
limited, despite the Government's commitment to expeditious completion
of numerous measures, such as harmonizing the revisions in the law with
the Law on Aliens.
On November 9, the European Commission recommended that the
European Council grant Montenegro EU candidate country status but
condition the opening of accession negotiations upon, inter alia, the
Government guaranteeing the legal status of displaced persons, and
adopting and implementing a sustainable strategy for closure of the
Konik camp.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees. A path to
citizenship was effectively accessible to recognized refugees.
In practice, the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion. At the beginning of 2008, the Government assumed
responsibility for refugee status determination, and the UNHCR, which
previously exercised this responsibility, continued to provide
technical support.
Conditions for refugees varied; those with relatives or property in
the country were able to find housing and, in some cases, to rejoin
family members. However, between 2,000 and 3,000 refugees holding DP
status remained in barely habitable facilities (mainly on the Adriatic
Coast) that had been privatized. On November 11, the Kotor Basic Court
ruled that 30 IDPs from Kosovo must move from a holiday resort in
Kamenovo owned by the company Recreatours.
Although the 2007 law that governs asylum affords a number of
protections, the failure of the Government to harmonize other
legislation with this law deprived asylum seekers of the right to
identity documents, employment, and health care. On May 27, authorities
adopted the Regulation on Access to Health Care for Asylum Seekers,
Refugees, and Persons Granted Subsidiary and Temporary Protection to
address some of these problems. However, these persons still faced
obstacles to obtaining health care, since the regulation was not fully
implemented during the year.
During the year authorities processed asylum applications involving
nine persons; none were granted asylum. Although the country remained
primarily a point of transit for asylum seekers, authorities
anticipating that the number of asylum seekers would increase as the
country moved closer toward EU accession, continued construction of a
reception center designed to house approximately 65 asylum seekers.

Stateless Persons.--Citizenship is derived from one's parents.
According to the UNHCR, there were no legally stateless persons in the
country; however, there were individuals who were de facto stateless.
The biggest problem related to statelessness was the lack of personal
documentation for many inhabitants, primarily in the Romani, Ashkali,
and Egyptian communities, both those of local origin and those who
entered the country from Kosovo. Government data published in May 2009
reported a total of 9,934 Roma, Ashkali, and Egyptians, of whom 4,400
were refugees from Kosovo. The 2009 registration of Kosovo IDPs
indicated that this population numbered approximately 3,100 persons.
The UNHCR estimated that approximately 1,300 local Roma and 1,600
Kosovo-born Romani, Ashkali, and Egyptian refugees were at risk of
statelessness due to lack of personal documentation, as they were
either never registered at birth or lacked proof of registration. As of
year's end, the Government had not developed a procedure for
systematically identifying, documenting, and registering stateless
persons or persons at risk of statelessness, although UNHCR experience
indicated that lack of documentation was the most significant factor
leading to statelessness or the loss of effective citizenship.
While the country is party to several conventions dealing with
statelessness, the Government holds that it is not bound to grant
citizenship to persons who became stateless as a result of the
dissolution of the State Union of Serbia and Montenegro, since Serbia,
as the ``succeeding state,'' was obligated to award citizenship to
these persons.
The UNHCR continued a regional project, in cooperation with partner
NGOs, to register Romani, Ashkali, and Egyptian community members and
assist them to obtain personal identity documents. During the year the
UNHCR and the Legal Center provided legal advice to approximately 5,600
displaced persons from Bosnia, Croatia, and Kosovo and to some 200
local Roma, Ashkali, and Egyptians at risk of statelessness, providing
help in obtaining personal documents for submission to various
administrative and judicial entities in an effort to obtain access to
basic rights. In addition, the Legal Center assisted nine asylum
seekers in the refugee status determination procedure.
A further 1,300 persons were at risk of statelessness because they
faced difficulties proving citizenship. These were mostly Roma,
Ashkali, and Egyptians who originated from Montenegro or Kosovo and
were either never registered at birth or lacked acceptable proof of
registration.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.

Elections and Political Participation.--According to the OSCE
election observation mission, the March 2009 parliamentary elections
met almost all OSCE and Council of Europe commitments. The mission's
statement noted frequent allegations of electoral fraud and a blurring
of state and party structures that created a negative atmosphere among
many voters. As in previous elections, most opposition parties raised
concerns regarding campaign and party financing, and the overlap of
state and political party structures. Allegations of pressure on voters
and the purchase of voter identification documents were again reported
by some opposition parties, the media, and certain individuals.
On May 23, local elections were held in 14 of the country's 21
municipalities. The elections were not monitored by either
international or domestic observers. While individuals and parties
could freely nominate their candidates and run for local elections, the
press reported several instances of politically motivated incidents.
On December 29, the parliament failed for the fifth time to reach
the two-thirds majority required to pass an election law designed to
bring electoral procedures in line with the 2007 constitution.
Political parties generally operated without restrictions or
outside interference.
Parliamentary control of the executive branch of government
remained weak.
There were 10 women in the 81-seat Assembly and one in the cabinet.
There was one female mayor in the country's 21 municipalities. Four of
the 11 parties in the Assembly had female members in their caucuses.
There were no women in six out of nine standing parliamentary
committees. The president of the Supreme Court and the chief state
prosecutor were women.
There were 19 members of ethnic minorities in the Assembly and
three members of ethnic minorities in the cabinet. The law reserves
five Assembly seats for ethnic Albanians. No Roma ran for or held a
seat in the Assembly.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
officials at times engaged in corrupt practices with impunity. The
perception of the public sector as corrupt, particularly in the
executive and judicial branches, was widespread. Observers noted that
corruption was most evident in the areas of spatial planning, the
judiciary, customs, police, local government, health care, and
education.
While many of the legal prerequisites for effective anticorruption
policies were in place, implementation lagged. The World Bank's
worldwide governance indicators reflected that corruption was a serious
problem. In the first six months of 2009, police forwarded 887
corruption cases involving 1,420 persons to prosecutors. In the same
period, courts convicted 206 defendants in 151 cases. Local NGOs,
media, and opposition political parties frequently accused the
Government of not taking sufficient measures against corruption and
organized crime. The results of investigations, prosecutions, and
convictions for corruption at all levels remained weak. Citizens rarely
reported corruption. Internal controls carried out within institutions
or by responsible agencies seldom resulted in efficient prosecution of
the perpetrators. State functionaries often had several functions and
were permitted to be presidents or members of managing boards in more
than one public company or state institution.
On December 24, the mayor of the city of Budva, Rajko Kuljaca, and
nine of his associates, were arrested on charges of abuse of office.
Among those arrested was deputy mayor Dragan Marovic, brother of
outgoing Deputy Prime Minister Svetozar Marovic. According to a police
press release, Kuljaca and Marovic were suspected of having secured
``substantial unlawful gain'' for the Zavala Invest Company through
abuse of their official positions. On December 26, Radomir Ivanovic,
investigative judge of the Podgorica Superior Court, ordered a 30-day
detention of the suspects, who were believed to have committed crimes
carrying penalties of up to ten years' imprisonment.
Police corruption and inappropriate government influence on police
behavior remained problems; the small, close-knit nature of Montenegrin
society discouraged the reporting of corruption and made criminals'
access to law enforcement officers easy. In February the Government
formed an interagency joint investigative team designed to work
exclusively on fighting organized crime and corruption and enhancing
the ability of law enforcement agencies to work together.
Acting on a June 2 request by the deputy special prosecutor for
organized crime and corruption, police arrested 22 persons, including
three police officers and 11 customs officers and one agricultural
sanitary inspector from the towns of Rozaje and Berane. Police
suspected that these individuals received and gave bribes, abused their
offices, and smuggled goods across the border with Serbia. They were
charged in Superior Court on August 23.
According to the Council of Europe's commissioner for human rights,
who visited the country in 2008, there were few criminal proceedings
against law enforcement officers for extortion of evidence,
mistreatment, torture, or abuse of office, and the few that occurred
were not efficiently conducted. Courts rendered verdicts only in a
small number of reported cases but sentences were limited to
admonitions, suspended sentences, and fines. During the first eight
months of the year, authorities dismissed one officer and fined eight
for abuse of office and exceeding authority. During the year the
Interior and Public Administration Ministry's Internal Affairs Unit
took disciplinary measures to address those problems. These internal
investigations, combined with the work of the Council for the Civilian
Control of Police Operations, the ombudsman, and human rights
activists, reduced impunity. However, NGOs noted that police officers
found responsible for violating rules of service, as well as senior
officers implicated in cases of torture, remained on duty. The OSCE and
local diplomatic missions provided training for police, security, and
border and customs officers on combating terrorism, corruption, and
financial crimes.
Public officials were subject to financial disclosure under a 2008
conflict of interest law that requires state officials, including
members of the legislature, to disclose their salaries and property.
During the first eight months of the year, the Commission for
Preventing Conflicts of Interest, charged with carrying out that law,
initiated legal proceedings against 248 state officials and proposed
the dismissal of 15, for failing to comply with disclosure
requirements. The commission initiated legal proceedings against 313
state officials who failed to comply in 2008 and 52 who failed to
comply in 2009. During the year 92 persons were fined and 156 others
warned. While the law provides for fines ranging from 825 to 1,100
euros ($1,097 to $1,463), the highest fine imposed by a court was 500
euros ($665). The commission did not perform an adequate supervisory
role, as it does not have the authority to check disclosures by public
officials and has weak sanctioning powers. Many observers noted that
the law had significant loopholes and was weakly implemented in
practice.
Protection for whistleblowers who reported corruption was
inadequate. However, in July the Administrative Court revoked the
September 2009 dismissal of Mirjana Draskovic, a veterinary inspector
with 28 years of experience. She was fired by the Veterinarian
Directorate after she made public statements about irregularities in
the work of the Veterinarian Directorate and Ministry of Agriculture.
The State Prosecutor's Office took no action on Draskovic's reports
about the irregularities.
On July 29, the Government adopted its 2010-14 Strategy for the
Fight against Corruption and Organized Crime, together with an action
plan for its implementation over the following two years. The strategy
laid down the main guidelines, principles, and goals for the fight
against corruption and organized crime. NGOs claimed that the plan was
developed without their involvement by unknown individuals or groups
and adopted without any public consultation, even though a team
composed of representatives of public institutions and NGOs had been
working on a similar document for four months and had presented it at a
public debate to all interested stakeholders.
A law on financing political parties was enacted in 2008, but
according to the NGO Center for Democratic Transition, did not
significantly improve the transparency and accountability of political
party finances.
There were allegations that authorities failed to act on reports of
suspected corruption at high political levels. Many citizens continued
to believe that state officials misappropriated public funds and
pocketed significant revenue from the privatization of formerly state-
owned companies. In spite of the existing institutional framework to
curb corruption, the overall number of investigations, prosecutions and
convictions remained low.
While open bidding was the most commonly used procedure for public
procurement, many auditing reports identified inconsistent or irregular
application of legal provisions or circumvention of the law in
practice. The Commission for the Control of Public Procurement
Procedures received 290 complaints during the first 10 months of the
year alleging violations of procurement procedures. The commission
found 98 complaints to be valid and rejected 192.
The constitution and law provide for public access to government
information; however, implementation of the law was weak and
inconsistent, in particular in relation to some parts of privatization
agreements. Some ministries were supportive of information requests,
while others at times publicly criticized them. The level of access did
not differ for noncitizens or the foreign or domestic press.
On April 12, in response to a ruling by the Administrative Court,
the Government reversed its earlier position and published its answers
to a questionnaire required of countries seeking admission to the EU.
The questionnaire contained responses to detailed questions about
reforms being made on the country's road to EU integration. The
Government previously refused to provide the information, on the
grounds that publishing it would jeopardize national political and
economic interests. Two NGOs took the matter to the Administrative
Court.
On November 25, the Ministry of Justice revoked the decision of the
chief state prosecutor to deny the Youth Initiative for Human Right's
request for information about actions taken by the chief state
prosecutor in 12 cases of allegations of official misbehavior: the
torture of prisoners in Spuz Prison in 2005; threats against Aleksandar
Zekovic in 2007; the beating of Vladana Kljajic in Spuz Prison in 2007;
the torture of members of the Party of Democratic Action in 1994;
illegal surveillance of several judges of the Superior Court in
Podgorica; the beating of journalist Tufik Softic and former boxer
Aleksandar Pejanovic; the beating of detainees in the ``Eagle's
Flight'' police operation; statements of veterinarian inspector Mirjana
Draskovic about corruption at high levels regarding the issuance of
licenses for food imports; the existence of a ``football mafia'' in the
country; and the killing of Dusko Jovanovic and Srdjan Vojicic. The
Ministry of Justice stated that the chief state prosecutor failed to
give clear reasons for denying the request for information and ordered
the chief state prosecutor to review the matter and issue a new
decision.
The NGO Youth Initiative for Human Rights noted in its report for
the second quarter that political party allegiance was the key to
employment in public service and that the ethnic composition of the
public sector workforce did not correspond to that of the general
population.
NGOs reported that their requests for government-held information
frequently went unanswered. Public awareness of a right to access
government information remained at low level, and citizens themselves
seldom turned to state institutions for information. Anticorruption NGO
MANS reported that the competent authorities provided timely responses
to approximately 38 percent of its requests for information. MANS noted
that agencies usually refused to give information that could reveal
corruption or lawbreaking, particularly involving the privatization
process. MANS reported that citizens preferred to submit requests
through NGOs rather than do so themselves. Authorities usually provided
reasons for denials (such as threats to state interests or to the
business interests of the contracting parties), and these could be
appealed to the higher-level state bodies or courts. While the courts
usually supported access to information, their orders to the ministries
to comply with specific requests were often ambiguous and,
consequently, sometimes ignored. The administrative court ruled
favorably on 77 percent of the 4,879 complaints filed by MANS since
2005.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were generally cooperative and responsive to the views of international
groups, but some of the many domestic NGOs regarded cooperation as only
nominal.
In March the Government published the report of the Council of
Europe's CPT on its 2008 visit to the country. However, a translation
into Montenegrin was only published after the NGO Human Rights Action
filed a lawsuit with the administrative court to require it to do so.
Almost 4,500 domestic registered NGOs operated in the country,
including those specializing in human and minority rights and women's
rights. According to NGOs, authorities provided nominal, rather than
substantive, cooperation. The OSCE- and EU-led international community
efforts to engage the Government on human rights issues.
Several NGOs and international organizations investigated human
rights cases. According to its 2009 report, the UN Human Rights Council
Working Group on Enforced or Involuntary Disappearance and Missing
Persons forwarded 15 cases involving disappearances that took place in
1992 and 1993 to the Government for its response; the Government
provided an explanation in one case; 14 cases remained outstanding. The
working group decided to discontinue consideration of those 14 cases.
The Government cooperated with international human rights and
humanitarian NGOs and on February 17-21 hosted a visit by the European
Commission for Human Rights. Amnesty International visited the country
in November 2009.
There is an ombudsman for human rights, who operated without
government or party interference but received inadequate resources.
Public awareness of the ombudsman's role remained insufficient. The
Office of the Ombudsman had a staff of 23 persons; its annual budget
was 431,400 euros ($573,762). Upon finding a violation of human rights
or freedoms by any state agency or institution, the ombudsman could
initiate disciplinary procedures, including dismissal, against the
violator. In addition to 77 unresolved cases from earlier years, the
office received 525 new complaints in 2009, or 10 percent more than in
2008. The largest number of complaints involved the work of the courts
(168), followed by public administration (152), public services (48),
local governments (37), and the prosecutor's offices (nine); 69
complaints related to the work of companies and other organizations.
During the year the ombudsman's office met with 845 citizens and
communicated with 1,850 citizens by telephone. The majority of
complaints concerned lengthy trials and the lack of implementation of
court decisions. The Government and the courts generally implemented
the ombudsman's recommendations.
Failure to comply with the ombudsman's request for access to
official data, documents, or premises, or with the ombudsman's request
to testify at a hearing, is punishable by fines of 10 to 20 times the
minimum monthly wage, or between 550 and 1,100 euros ($731 and $1,463).
The Assembly's Standing Committee for Human Rights and Freedoms met
several times during the year, but its contribution was perceived by
many observers as insignificant.
Authorities cooperated with the International Criminal Tribunal for
the Former Yugoslavia and the International Criminal Court, of which
the country is a member.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and laws prohibit discrimination based on race,
gender, disability, language, or social status; however, the Government
did not effectively enforce these prohibitions in practice. On July 27,
the Assembly adopted an antidiscrimination statute containing
comprehensive prohibitions of discrimination on the basis of race,
religion, sexual orientation, gender identity, and other grounds.
However, the Office of the Ombudsman, which is responsible for the
law's implementation, lacked the human, technical, and financial
resources for its enforcement.

Women.--Rape, including spousal rape, is illegal; however,
enforcement remained a serious problem. Instances of rape were
significantly underreported due to the cultural stigma that attaches to
victims and even their families. Deeply ingrained societal attitudes
hampered prosecutions; judges frequently allowed aspersions on a
victim's character to be entered into court proceedings. As a result
victims were reluctant to report rape. Punishment for rape, including
spousal rape, is one to10 years in prison; however, authorities can
only prosecute the crime if the victim brings charges. There were no
arrests or convictions for spousal rape during the year. According to
police and judiciary statistics during 2009, there were 13 cases of
rape reported and 16 persons were sentenced to prison.
Domestic and other violence against women was a persistent and
common problem. NGO sources working with abused women make strong
claims that significant number of incidents remain unreported due to
fear of reprisals from their attackers or lack of measures to prevent
reoccurrence. According to government authorities, the number of
reported incidents of domestic violence tripled between 2006 and 2009.
The press reported that during 2009, police investigated 519 cases of
possible domestic violence, 9 percent fewer than 2008; 85 persons were
sentenced. According to NGO estimates, one out of four women has been a
victim of some form of domestic violence. The NGO SOS, which operated a
hotline for victims of domestic violence, reported that during the
first four months of the year, it worked with 137 persons, far more
than in past years. SOS noted an increase in the number of children and
elderly among the victims and an increase in the use of physical
violence. SOS also reported that health institutions charged the
victims of family violence for medical aid, claiming that the injuries
occurred as the result of ``fights.''
On July 27, the Assembly approved the Law on Protection against
Family Violence. The law was not fully implemented by year's end, as
regulations and an action plan for its implementation had not been put
in place. Since adoption of the law, police filed charges against 92
perpetrators.
Domestic violence is a crime punishable by fine or prison sentence,
depending on the seriousness of the offense. Perpetrators are mainly
fined; the rare prison sentences imposed were lenient. Due to lengthy
trials, economic dependence or lack of other places to go, victims and
perpetrators often lived together in the same place, which frequently
resulted in new, more aggressive assaults that discouraged victims were
usually hesitant to report. Local NGOs working to combat domestic
violence relied to a large extent on international donor assistance.
During the year official agencies, including the police and, to some
extent, the judiciary improved their response to domestic violence;
however, efforts remained inadequate. According to NGOs, many female
victims of domestic violence complained about the inadequate response
of social welfare centers to their appeals for help.
On May 27, the Judicial Council terminated the assignment of
Podgorica Superior Court judge Milorad Marotic at his own request due
to personal reasons. He had been indicted for domestic violence in 2008
and temporarily suspended by the Judicial Council, but the
Administrative Court revoked the suspension in September 2009.
NGOs operated two shelters for victims of domestic violence.
Women's advocacy groups worked to combat domestic violence through
awareness campaigns and sought to improve women's access to legal
services and workshops.
Sexual harassment is prohibited by law; however, it remained a
problem and society generally tolerated it. Victims were hesitant to
report harassment, although police were usually effective in
intervening when asked to do so. According to surveys conducted by the
Damar polling agency in March, 20 percent of employed persons stated
that they were victims of workplace harassment.
The Government recognized the basic right of couples and
individuals to decide freely and responsibly the number, spacing, and
timing of their children and to have the information and means to do so
free from discrimination, coercion, and violence. Health clinics and
local health NGOs operated freely in disseminating information on
family planning under the guidance of the Ministry of Health. There was
free access to contraceptives and to skilled attendance during
childbirth, including essential obstetric and postpartum care. The
Government guaranteed free childbirth services. According to statistics
developed by intergovernmental organizations, the estimated maternal
mortality rate in 2008 was 15 maternal deaths per 100,000 live births.
Men and women received equal access to diagnosis and treatment for
sexually transmitted infections, including HIV. Women were equally
diagnosed and treated for sexually transmitted infections, including
HIV.
Women have the same rights as men in property law, family law, and
the judicial system; however, in practice women did not enjoy equal
social status with men. NGOs pointed out that it was difficult for
women to defend their property rights in divorce suits. One emerging
trend involved husbands in divorce proceedings titling their property
in the name of other family members or friends rather than their wives.
Traditional patriarchal ideas of gender, which maintain that women
should be subservient to male members of their families, persisted and
resulted in continued discrimination against women in the home. For
example, 84 percent of illiterate persons were women. In rural areas,
women could not always exercise their right to control property, and
husbands occasionally directed their wives' voting.
Women constituted 6.3 percent of central government employees, 11.4
percent of employees of local governments, and 12.3 percent of members
of the national parliament.
There were no official statistics about women in managerial
positions. Some job announcements openly advertised discriminatory
criteria, such as age and physical appearance, for female applicants.
Few women held senior management positions in government, military, or
commerce. There were, however, some signs of improvement; an increasing
number of women served as judges, and there were many women in
professional fields such as law, science, and medicine. Women from
Romani communities did not have equal opportunities for education due
to traditional values and restrictions on their participation in
society. Due to low education and harsh living conditions, Romani women
seldom visited gynecologists, with negative consequences for their
health and for infant mortality rates.
Women constituted 50.7 percent of the population and 46.3 percent
of the unemployed population. Media reports indicate that 44.9 percent
of the holders of bachelors, masters, and doctoral degrees were women.
Although the law incorporates the general principle of
nondiscrimination against women, it does not explicitly address the
principle of equal pay for equal work; in practice, women's wages were
lower than those of men for comparable work. According to an August
report of the Statistical Office of Montenegro (Monstat), working women
have lower salaries than their male colleagues. According to Monstat,
women in 2009 earned, on average, 13 percent less than men. The average
monthly salary with taxes and contributions for women amounted to 581
euros ($773) at the end of September 2009, while men received an
average of 674 euros ($896). Of 15 industries surveyed, women had
higher salaries in only transport and warehousing.
There remained a deeply rooted division between male and female
professions. In April 2009 the Government transformed its Office for
Gender Equality into a department within the Ministry for Protection of
Human and Minority Rights.
Gender equality is provided for in the constitution. It is
regulated by the Law on Gender Equality (2007) and promoted by an
action plan (2008). Although implementation of the action plan is
monitored by parliament, the Government, and the ombudsman, it has not
been properly implemented. In addition, the Law on Gender Equality
includes only limited sanctions and does not clearly address the
principle of equal pay. The protection of women against their economic
dependency remains insufficient.

Children.--Citizenship is derived from one's parents by birth in
the country's territory, by marriage to a Montenegrin citizen, or as
specified by international treaties governing the acquisition of
citizenship. Roma, Ashkali, and Egyptians continued to experience
difficulties registering the births of their children, mostly due to
the lack of awareness of the importance of civil registration and a
lack of documentation of parents' identities. Romani children are not
well integrated into the broader community, and discrimination against
them remained widespread.
There is a law on child and social protection. However,
implementation of the national plan for children has been inadequate,
as the Council for Children's Rights, which is the main body for
coordinating implementation of the national plan, is not operational.
By law, education was compulsory and free; however, according to
Romani community leaders, nearly one-half of Romani children never
enrolled in primary school. According to the national statistics in
May, only 47 percent of the 2,587 Romani children between the ages of
six and 15 attended primary school. Romani children continued to face
difficulties in continuing their education, including lack of knowledge
of the local language, poverty, and tradition. Many Romani parents did
not want their children, particularly girls, to go to school, but
preferred them to stay at home and marry at an early age.
Of the comparatively small number of Roma who completed primary
school, a much smaller proportion continued to secondary and higher
education compared with non-Romani children. Human rights observers
reported that the Government did not undertake adequate efforts to
monitor or encourage Roma to continue to attend school. In the Konik
refugee camp in Podgorica, there was a remote campus of the Bozidar
Vukovic primary school, which was attended exclusively by 247 Romani,
Ashkali, and Egyptian students. Romani NGO leaders described this as
discrimination and during the year asked that this type of school
division be abolished. There was some progress; the proportion of
Romani, Ashkali, and Egyptian children enrolled in the first year of
secondary school increased from 50 percent in the 2008-09 school years
to 55 percent in 2009-10. Sixty Romani students continued to secondary
education and 12 attended university in 2010-11.
Some ethnic Albanians continued to criticize the Government for not
providing textbooks on history, music, and visual arts oriented to
Albanian primary school children. The first privately funded Muslim
religious secondary school opened in Malesija, near Podgorica, in 2007;
as of year's end, however, authorities had not given it full
accreditation. There was one fully accredited Albanian-language private
school.
While tuition for primary education was free, students, except for
families who benefited from social welfare programs had to provide
their own books and school supplies. NGO programs and grants helped
provide books and other school resources for Romani students. The
Government provided books for children without parents, the disabled,
special social cases, and Romani children.
In an effort to reduce dropouts among Romani children, the UNHCR,
the EU, and the Foundation for Providing Scholarships to Roma, a local
NGO continued a pilot project for 15 students in the sixth and seventh
grades of the school in the Konik refugee camp.
A deputy ombudsman investigated complaints of violations of
children's rights. His office received 32 complaints during the first
nine months of the year, mainly involving contact with parents after
divorce, protection from violence, the rights of children with
disabilities, children's right to education, and access to social
benefits.
The NGO Center for Children's Rights, in cooperation with 19 other
NGOs, reported an increase of juvenile delinquency, drug use, begging,
and violence against minors. Romani children still remained a
vulnerable group, while many issues relating to refugee children were
not resolved.
Child abuse was an underreported problem that the Government took
little action to address. The country lacked proper facilities for
children who suffered from family violence. The law does not allow a
juvenile to make an allegation of a crime without a parent or guardian
present. Consequently, there was almost no reporting of incest or other
child abuse to authorities. In 2007 police reported four cases of child
sexual abuse. During the first nine months of the year, social welfare
centers received complaints about the mistreatment of 72 children from
27 families. Seventeen children were accommodated in the shelter for
victims of family violence run by the NGO Safe Woman's House.
Child marriage was a problem, particularly in Romani communities,
where boys and girls generally married around age 14. It was difficult
to estimate the extent of underage marriage in the Romani community
because the Roma frequently did not register such marriages. Romani
children were disadvantaged by poverty, leading many to start work both
at home and in the streets at an early age, typically around age seven,
in order to contribute to the family income. Romani children were also
disadvantaged by having to attend school in a nonnative language, since
many spoke Romani at home. The Government generally ignored the
problem.
The age of consent is 18. There is a statutory rape law. The
penalties for rape are higher if the victim was a minor. Child
pornography s illegal, with penalties ranging from six months in prison
for displays of child pornography, to a maximum of five years'
imprisonment for using a child in the production of pornography.
Street children, most of them Roma, were organized into groups to
beg at busy intersections, on street corners, and in restaurants and
cafes. During the first nine months of the year, police charged 13
persons with organizing the begging and removed 10 children from the
streets; the children were temporarily accommodated in the Center for
Children and Youth, and then sent back to their places of origin in
Serbia, Bosnia and Herzegovina, and Montenegro.
Children with disabilities faced numerous obstacles in education
and other social services. Some children with mental disabilities were
confined in institutions under substandard conditions. In its March 9
report on its 2008 visit to the country, the CPT described the
treatment of 15 children in the Komanski Most Institution for Persons
with Special Needs, where mentally disabled children were held together
with adults in unsanitary circumstances and without sufficient
supervision to prevent their mistreatment by adults.
The Government adopted an action plan to carry out the CPT's
recommendations and sought to improve the living conditions and
treatment of patients in the Komanski Most Institution for Persons with
Special Needs. The facilities were reconstructed and properly equipped.
The children were separated from adults, and males were separated from
females. The size of the staff has increased. Individual daily activity
plans, in line with the inmates' physical and mental characteristics,
were revised. The isolation room is no longer used, while leather
restraints were used strictly according to need, and a log of their use
was maintained. However, conditions remained inadequate, especially the
shortage of trained staff and continued substandard facilities.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international child abduction, please see the Department of State's
annual report on compliance at http://travel.state.gov/abduction/
resources/congressreport/congressreport--4308.html.

Anti-Semitism.--The country's Jewish population was small and
widely distributed across the country. A 2004 survey by the Government
statistics office concluded that there was no organized Jewish
community; an international Jewish NGO reached a similar conclusion.
There were no reports of anti-Semitic acts.

Trafficking in Persons.--For information on trafficking in persons,
please see the State Department's annual Trafficking in Persons Report
at www.state.gov/g/tip.

Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with physical, sensory, intellectual,
and mental disabilities in employment, education, access to health
care, pensions, allowances, family care and support, buildings,
information and communication. The constitution also provides persons
with mental disabilities with the right to be placed in an adequate
residential institution and the right to foster care and support or
other state services; however, societal discrimination against persons
with disabilities effectively limited their access to these benefits,
and authorities did not actively prosecute infractions. While laws
mandating that new public buildings have access for persons with
disabilities were generally enforced, lack of access to older public
buildings, hospitals, and public transportation was a problem. A 2008
Law on Spatial Planning and Construction regulates the accessibility of
public facilities and mandates that all public facilities must be made
accessible to persons with disabilities by 2013. Facilities at polling
stations were inadequate for persons with disabilities, although
authorities provided mobile voting for voters who could not come to
polling stations because of illness or disability.
Education for children with disabilities, including the
implementation of the strategy for inclusive education, was
insufficient.
Society often stigmatized persons with disabilities, and such
persons depended greatly on government disability allowances, which
were not adequate.
The Ministries of Health, Labor and Social Welfare, Education and
Sports, Science, Culture, and Human and Minority rights were
responsible for protecting the rights of persons with disabilities.
Unemployment remained a serious problem for persons with
disabilities. While the law provides incentives and tax breaks to
employers who hired them, employers rarely chose to hire persons with
disabilities. Only 2 percent of the approximately 63,000 persons with
disabilities in the country had employment during the year. In August
the Employment Agency reported that 2,297 persons with disabilities
were registered. To enhance the employment prospects of persons with
disabilities, the Ministry of Labor and Social Welfare, the Employment
Agency, trade unions, local governments, and associations of persons
with disabilities signed a memorandum of understanding to monitor and
evaluate the employment process and create a data base.
Mid-2009 estimates of the number of children with special needs
ranged between 6,000 and 7,000. NGOs stated that the ambitious
government action plan for implementing its strategy for integration of
persons with disabilities for 2008-16 was significantly behind
schedule. A study conducted in 2008 by the UN Development Program
(UNDP) and the Strategic Studies and Prognosis Institute cited
estimates of the number of persons with disabilities in the education
system that varied from 2 to 10 percent. Although they were entitled to
receive healthcare from the state, the numerous obstacles they faced,
including the physical inaccessibility of most health institutions,
unequal access to various medical treatment, and the limited
availability of prosthetics, blocked full access.
Mental health care was inadequate in terms of service and capacity.
Facilities for treating persons with mental disorders were out of date
and underfunded. Institutional isolation perpetuated stigmatization and
discrimination against the mentally ill. Institutionalized persons
often became wards of the state and often lived in isolation.
On March 9, the CPT released a report on its 2008 visit to the
country that characterized as ``appalling'' conditions for disabled
persons deprived of their liberty in the Kaminski Most Institution for
Persons with Special Needs. In describing Ward B of the institution,
the CPT took note of ``totally bare and malodorous rooms'' and
residents (some of whom were physically handicapped or blind, as well
as mentally disabled)'' were seen to lie alone, occasionally with their
heads covered with a blanket, some naked, with flies crawling on them.
In a locked ``baby room,'' the delegation saw five bedridden residents,
aged between three and 19, lying in cots. There was also a locked
dayroom where approximately 25 residents (men, women and children
together) were left wandering alone. In an unstaffed and locked part of
the ward, where residents appeared to be left alone, the delegation
found a dayroom in which seven residents were physically attached to
furniture. The CPT report emphasized the importance of safeguards when
committing persons to institutions, particularly when these decisions
are made by committees of officials.
The Law on Social and Child Protection provides for the right of
accommodation and education of persons with physical, mental, and
sensual deficiencies in an institution for persons with special needs.
The law provides that the initial decision on whether a particular
individual needs this type of accommodation is made by the social
welfare center commission, while the Ministry of Education is
responsible for deciding on the applicant's special educational needs.
The decisions of these bodies can be appealed to the Ministry of Labor
and Social Welfare Center and then to the Administrative Court. Family
Law regulates the area of guardianship.
On September 17, the Podgorica Basic Court fined the Podgorica
municipal government 500 euros ($665) for failing to implement its July
2009 decision, that city employee Marijana Mugosa was entitled to come
to her office with a guide dog. The Podgorica government appealed, and
the superior court, on October 22, delayed the execution of the basic
court's decision. While the ombudsman criticized the Podgorica mayor
for failing to implement the court decision, the mayor blamed the
ombudsman for overstepping his authority by meddling in the court
decision. The city of Podgorica accepted Mugosa's return to work but
assigned her to an isolated location, explaining that the presence of
her guide dog in the office harmed the health of her two colleagues.
The basic court initiated an investigation of the adequacy of the new
office location.
On September 22, Andrija Samardzic and his guide dog were expelled
from the Carine restaurant in Podgorica where he was having dinner.
Following a meeting with the Association of Handicapped Youth, the
owner of the restaurant apologized and said that persons with
disabilities who use guide dogs would be welcome in his restaurants;
however, on November 5, Andrija Samardzic was expelled from the
restaurant. The NGO Antidiscrimination Center Equista filed charges
with the Podgorica basic court against the owner of the restaurant.
Local residents in the Gorica district near Danilovgrad protested
against the construction of a day care center for children with special
needs and signed a petition against it. The NGO YIHR criticized the
petition and called on the competent authorities to ignore the protests
and proceed with the construction.

National/Racial/Ethnic Minorities.--The constitution provides both
individual and collective rights for minorities, and for most groups
these rights were generally observed in practice; however, Roma were
disadvantaged in access to social services and experienced societal
discrimination.
Unlike in some previous years, there were no reports of physical
attacks against persons during the year for what appeared to be ethnic
reasons.
The leaders of ethnic Serbian, Albanian, and Bosniaks communities,
as well as Muslim leaders, continued to complain of their
underrepresentation in government, the judiciary, and state-owned
economic enterprises. According to a study conducted by YIHR between
December 2009 and May, there was a huge imbalance in the employment of
some ethnic groups in public service, with Roma being at the bottom.
Three members of the national cabinet were members of national
minorities. Although members of the national parliament included almost
all minority groups except Roma, the right to authentic political
representation of minorities as provided for in the constitution was
not implemented.
A survey by the NGO Human Rights Initiative indicated that, despite
the existence of a satisfactory legal framework, the availability of
information in minority languages and the protection of minority
cultures and tradition needed improvement. Human rights activists
raised the issue of insufficient usage of the Romani language in
government notices and publications.
On July 24, the Assembly amended the Law on General Education to
provide that classes throughout the country would be taught in the
Montenegrin language, resulting in protests by parents who threatened
to withdraw their children from schools. Many Serb political
representatives stated that ethnic Serbs living in the country were
being treated in a discriminatory manner. Opposition parties filed the
case with the Constitutional Court. Authorities delayed the
implementation of the law until the next academic year to create
conditions in the National Educational Council for General Education
for the Montenegrin language to be introduced as a subject, namely more
teachers, better text books, and a more thorough curriculum. On
December 24, the National Council for General Education adopted a
curriculum for the study of Montenegrin language and literature for
primary and secondary education.
According to a joint survey conducted in 2008 by the National
Statistics Office, the Roma National Council, and the local NGO Roma
Circle, there were approximately 11,000 Roma in the country, of whom
4,500 were IDPs or DPs and 6,500 were long-term residents. Many Roma,
including IDPs from Kosovo, lived illegally in squatter settlements,
often far apart from each other and lacking such basic services as
public utilities, medical care, and sewage facilities.
Prejudice against Roma, who comprised 0.42 percent of the
population, was widespread, and local authorities often ignored or
tacitly condoned their intimidation or mistreatment. Negative
stereotypes strongly impacted the Romani, Ashkali, and Egyptian
populations. They did not have political representatives and generally
stayed out of politics. They often lacked identity documents and
therefore did not have access to basic social services. Some
settlements were located on property whose owners wanted to reassume
control or on the premises of companies due to be privatized, and their
residents were at risk of eviction; however, no evictions were reported
during the year. The Romani, Ashkali, and Egyptian population faced
many challenges related to social inclusion, including access to
secondary medical protection (such as surgeons and specialist doctors)
afforded to other residents.
A well-known human rights researcher, Aleksandar Zekovic, alleged
that the relevant social and health institutions failed to prevent and
report the death of two Romani children in Niksic in 2008 and 2009.
According to 2009 UN data, approximately 40 percent of the Romani,
Ashkali, and Egyptian population in the country lacked birth or
citizenship certificates. The Law on Citizenship and its accompanying
regulations posed numerous obstacles for Romani, Ashkali, and Egyptian
residents in obtaining citizenship, as many lacked personal identity
documents (see section 2.d.).
According to the UNDP, approximately 70 percent of Roma were
illiterate, 50 percent were unemployed, and 36 percent lived below the
poverty level.
On November 22, the ombudsman asked the police directorate about
the alleged mistreatment of two Romani men, Vahid Adzovic and Mentor
Idrizaj, by police after they were caught stealing car batteries. The
two men claimed that they were beaten and otherwise mistreated by the
residents of the village Botun near Podgorica who caught them and
turned them over to police.
Six officers of the border police from Rozaje who were dismissed
accused the head of the Border Police Branch in Berane, Veselin
Krgovic, and the Police Directorate of discrimination against Bosniaks,
Muslims, and Albanians on national grounds, claiming that to be the
reason for their dismissal. Authorities rejected those allegations and
attributed the dismissals to downsizing of the police force.
On November 27, the Podgorica Superior Court sentenced Milos Kovac,
from Serbia, to four months in prison for spreading national
intolerance and hatred. According to the indictment, Kovac and Sonja
Stojanovic, also from Serbia, insulted, swore at, and physically
attacked a tourist guide during their visit to the museum of King
Nikola in Cetinje in 2007. Stojanovic was acquitted.
During the year authorities appropriated approximately 400,000
euros ($532,000) to improve conditions for Roma under the Strategy for
Improvement of the Roma Position in Montenegro 2008-12. Priorities
included the integration of the Romani, Ashkali, and Egyptian
population into society. NGOs alleged, however, that the appropriated
funds were not spent. Despite the appointment in 2009 of a new national
coordinator, the establishment of a commission for monitoring the
implementation of the strategy (including representatives of Roma and
NGOs), and the establishment of a center for the preservation and
protection of minorities' culture, government efforts did not result in
significant improvements during the year. Minister for Human and
Minority Rights Ferhat Dinosa publicly stated that the abbreviated name
RAE, for Roma, Ashkali, and Egyptians, should be avoided, and he
invited the public to use the correct names for each Romani ethnic
group.
During the year the Government continued to fund the operating
costs of national councils, those elected bodies established in 2007
and 2008 to represent the interests of minority groups. It provided an
additional 850,000 euros ($1.13 million) to the councils during the
year for the implementation of 126 projects, apportioned according to
the size of each group. There were national councils for Serbs,
Bosniaks, Albanians, Muslims, Croats, and Roma. Some members of the
councils and human rights activists voiced suspicions that their funds
had been misappropriated. The Fund for Minorities decided to allocate
funds just a few days before parliament adopted amendments to the Law
on Minority rights, on December 9, that established new criteria for
appropriation of funds. A group of Romani activists voiced their
dissatisfaction with the excessive amount of government assistance
provided to Vaselj Beganaj, president of the NGO coalition Roma Circle.
NGOs asserted that his projects were given preferential treatment and
that some funds were used for personal expenditures.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The constitution calls for
respect for human rights on all grounds and prohibits the instigation
of hatred or intolerance on any grounds. Nevertheless, antipathy and
stigmatization toward lesbian, gay, bisexual, and transgender (LGBT)
persons existed.
A number of NGOs and human rights activists continued to sharply
criticize and unsuccessfully demand the removal from office of the
minority and Human Rights Minister Ferhat Dinosa for ``his incompetent,
intolerant and homophobic statements.''
The Ombudsman's Office stated that since adoption of an
antidiscrimination law in July, their office received two complaints
against discrimination on sexual orientation.
NGOs Juventas and Safe Woman's House, along with individual members
of the LGBT population, filed a complaint with ombudsman's office
claiming a program aired on Atlas TV called ``Glamour Noir'' contained
hate speech. The Slobodan Skerovic secondary school in Podgorica
sanctioned a psychology teacher who was a guest on the program because
of her statements about LGBT persons on that program. Following the
ombudsman's recommendation, the Broadcasting Agency urged Atlas TV and
other electronic media outlets ``to avoid promoting or instigating
intolerance or hate speech.''
There were infrequent reports of violence and discrimination
directed against gay men; there were no reports that the Government
condoned such actions. In July two cases of violence against gay men
were reported to the NGO Juventas. Neither case was reported to the
police, as the victims reportedly feared disclosure of their sexual
orientation during the investigation and possible court trial. There
were no reports that persons were denied equal opportunities in
education and employment on the basis of sexual orientation. Societal
antipathy towards gays and lesbians led most of them to conceal their
orientation. No person publicly declared their gay or lesbian affinity
during the year. Juventas reported two cases in which media carried
insulting remarks against LGBT persons.
During the year the NGO Juventas and the Coalition for LGBT
conducted an awareness campaign through the EU-funded project,
``Montenegro Bright Spot on the Gay Map,'' a hopeful response to the
Dutch NGO that had once labeled the country ``the dark spot on the gay
map.''
In July, as part of efforts to provide protection to sexual
minorities in the country, six Montenegrin police officers took part in
training programs in Los Angeles and Toronto on the protection of LGBT
rights.

Other Societal Violence or Discrimination.--There were no reports
of violence against persons with AIDS; however, the NGO Juventas stated
that persons with HIV/AIDS were stigmatized and experienced
discrimination. Observers believed that fear of discrimination
prevented many persons from seeking HIV testing, and the rate of
testing was only 33 persons per 1,000 inhabitants. The NGO Cazas runs
the only center for psychological support and assistance to persons
infected by HIV and AIDS.
Although knowledge about transmission of HIV was generally
widespread, changes in behavior lagged behind. Since persons are not
accustomed to HIV testing, HIV infection is often discovered only in
the later stages, often when the person being tested has already
developed AIDS. Most of this population lives at subsistence level.
Section 7. Worker Rights

a. The Right of Association.--The law entitles workers, except for
uniformed military and police personnel, to form and join independent
unions of their choice without previous authorization or excessive
requirements, and authorities effectively enforced these laws.
Approximately 60 percent of the workforce in the formal economy was
unionized. The most prominent trade union organizations were the
Confederation of Trade Unions of Montenegro and the Union of Free Trade
Unions of Montenegro.
In May the legislature adopted a new law on trade union
representativeness to ease restrictions on trade union pluralism.
The law allows unions to conduct their activities without
government interference, and the Government protected this right in
practice. The law provides for the right to strike, with the exception
of military and police personnel and public servants. During the year
workers in the private sector exercised this right by conducting
frequent legal strikes. Worker participation in an unlawful strike is
sufficient grounds for dismissal or for the union to be held
responsible for damages.
Unpaid wages and factory closures led to large-scale strikes. In
September strikers took possession of the management buildings in the
Podgorica Aluminum Plant (KAP) and the steel works and bauxite mine in
Niksic. Workers held a hunger strike in the bauxite mine pit. On
September 30, police interrogated 17 members of the trade union of the
steel works in Niksic. The trade union stated that it considered the
police action a pressure tactic.

b. The Right to Organize and Bargain Collectively.--The law
provides for the right to bargain collectively; however, collective
bargaining remained at a rudimentary level and was hampered by the fact
that only the most representative unions, i.e. unions with the largest
membership in a given plant, can be the parties to the collective
agreements. Under a 2004 law, collective bargaining agreements cover
the registered workforce. On November 3, representatives of the
Government's Social Council, the Union of Employers, and the
Confederation of Trade Unions of Montenegro signed amendments to the
general collective agreement to align the agreement with the labor law.
The Union of Free Trade Unions of Montenegro, which did not sign the
amendments, described them as detrimental to workers and filed a case
with the Constitutional Court.
The law prohibits antiunion discrimination and employer
interference in union activities, but there were some reports that it
occurred during the year. Trade union activists reported that there
were cases of dismissal, demotion, and suspension for suspected union
activity.
On April 28, the Trade Union of the Podgorica Aluminum Plant stated
that company management exerted various kinds of pressures on workers
to prevent their participation in an announced strike. The Union of
Free Trade Unions and several NGOs urged the minister of labor and
social welfare to stop antiunion discrimination at the company and
criticized the Labor Inspectorate for inaction.
Workers dismissed for union activity had the right to
reinstatement. However, because of delays in the court system, it could
take a worker who claimed to have been unjustly fired several years to
regain employment through legal action. There is a law providing for
out-of-court settlement of labor disputes, and the Agency for Amicable
Labor Dispute Resolution, which became operational in August, exists to
implement the law. Between August and November, the agency reviewed 46
cases involving 465 parties.
On March 12, following a 24-day strike at the bauxite mine in
Niksic, company management agreed to reinstate eight miners who had
been dismissed. Management also agreed that miners with more than 20
years of service could retire with pensions based on length of service.
On April 30, the Government brokered a deal between KAP management
and its trade union, reversing the dismissal of trade union leader
Sandra Obradovic and a few other workers. After management had
previously refused to withdraw the dismissals and meet the union's
requests, the strike escalated and workers occupied the management
building, forcing the management to leave the premises. The trade union
called on the authorities to intervene.
The Confederation of Trade Unions of Montenegro reported instances
of employers bullying trade union members. When the trade union at the
Mikro firm in Bijelo Polje organized a strike to protest unpaid
salaries and allowances--in full compliance with national procedures--
the employer threatened to sue the union for 100,000 euros ($133,000)
in damages. A similar situation led to a strike by the local branch of
the construction workers' union at the Prvoborac Kamen i Beton firm in
Herceg Novi. Following the strike, management issued the local trade
union leader an official warning.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor; however, there were reports
that individuals were trafficked from abroad and within the country for
labor, particularly in construction. There was also forced begging,
mostly by Romani children (see section 7.d.). See also the State
Department's annual Trafficking in Persons Report at www.state.gov/g/
tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in
the workplace, including those prohibiting forced or compulsory labor
and those establishing acceptable working conditions. The Government
generally enforced these laws and regulations effectively in the formal
economy. The official minimum age for employment is 15 years; however,
in farming communities it was common to find younger children assisting
their families. Romani children also worked in a variety of unofficial
retail jobs, typically washing car windows, collecting items such as
scrap metal, or selling old newspapers.
Many Romani children also engaged in begging. In Podgorica and the
coastal areas, police continued an initiative aimed at suppressing
begging. They arrested and charged several adults with organizing and
forcing their relatives, mostly young Romani children, to beg. Most of
these children were temporarily accommodated in the Center for Children
and Youth. Police asserted that the practice constituted isolated
family begging rather than organized begging. Police pressed charges
against the perpetrators while the children were sent to their
families. See also the State Department's annual Trafficking in Persons
Report at www.state.gov/g/tip.
Inspectors from the State Labor Inspector's Office were responsible
for enforcing the child labor laws within the formal economy.
Inspectors reported no violations of child labor laws during the year.
The ministry has 40 inspectors covering labor issues divided in eight
branch offices, although there were no resources devoted exclusively to
investigating child labor. The Government has provided two general
awareness training courses for officials charged with enforcing child
labor laws.

e. Acceptable Conditions of Work.--The national minimum wage of 55
euros ($73) per month did not provide a decent standard of living for a
worker and family. According to statistics released at the end of
August, the average salary was approximately 504 euros ($670) per month
and was not adequate for a worker and family to live comfortably. The
Government statistics office estimated that approximately 5 percent of
the population lived below the poverty line in 2008. Significant
portions of the workforce, particularly in rural areas and the informal
sector, earned less than the minimum wage. The Ministry of Labor and
Social Welfare enforced the minimum wage; there were no reports during
the year of employers in the formal economy failing to pay it.
The law limits hours worked to 40 per week (except in specified
unusual circumstances), sets a 30-minute daily rest period, and
requires an unspecified premium for work in excess of 40 hours per
week. Overtime work is limited to 10 hours per week; however, seasonal
workers often worked much longer hours.
Many workers from privatized or bankrupt companies had outstanding
claims for back payment of salaries and severance pay. The law provides
some recourse, and parties have reached settlements involving some
compensation in the past; however, these were the exception. The law
requires employers to make substantial contributions to pension and
health care funds. To avoid these payments, employers often did not
officially register their employees.
During the first nine months of the year, the Employment Agency
granted licenses for the employment of 10,062 foreigners, most of them
seasonal workers in the fields of tourism, catering, and construction.
The quota for nonresident employees for the year was 39,450. Labor law
provisions governing temporary employment place no limitation on
extending the temporary employment of a worker, putting employers in a
position of considerable leverage over workers, particularly women,
older workers, and those with disabilities.
The Government establishes mandatory health and safety regulations,
and it increased inspections and preventative measures during the year.
The law governing workplace health and safety covers both the
public and private sectors. Employers are obliged to provide and ensure
the use of safety equipment at work and report any serious injury or
death at work within 24 hours; however, authorities did not strictly
enforce laws and regulations on worker safety. In practice, workers
often lacked safety equipment, especially in the construction and wood-
processing industries. During the first nine months of the year, there
were 45 injuries and four deaths from injuries at work. The most
frequent reasons cited for injuries were lack of work-related training,
inadequate medical care for workers, and old workplace equipment.
During the first nine months of the year, authorities conducted
11,405 inspections and found 8,171 violations of labor standards. Labor
inspectors have legal authority to close an establishment until
violations are corrected. In cases of repeated violations, the owners
can be fined. Infractions included violations related to labor permits
and contracts, payment for work, annual leave, and unpaid and
unreported overtime. Inspectors shut down workplaces in 356 cases,
levied 2,515 on-the-spot fines for lesser violations, and filed
criminal charges in three severe cases.
Workers did not have the right to remove themselves from situations
that endanger health and safety without jeopardy to their employment.
As a part of the agreement with the European Agency for Protection and
Health at Work, the Ministry of Health, Labor and Social Welfare
distributed 18,000 fliers during 2009 to raise awareness about
potential hazards. The law requires employers to make a risk assessment
of workplaces that includes measures to prevent and reduce risks.

__________

NETHERLANDS

The Kingdom of the Netherlands includes the Netherlands (population
approximately 16.6 million), Aruba (103,000), Curacao (141,000), and
St. Maarten (41,000).\1\ The Netherlands (the term used to designate
the European part of the kingdom) is a constitutional monarchy with a
bicameral parliamentary legislative system. The country's 12 provincial
councils elect a First Chamber; citizens directly elect a Second
Chamber. The most recent general elections, held in June, were
considered free and fair. A prime minister and a cabinet representing
the governing political parties (traditionally a coalition of at least
two major parties) exercise executive authority. Security forces
reported to civilian authorities.
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\1\ With the dissolution of the Netherlands Antilles on October 10,
Curacao and St. Maarten became separate, largely autonomous, entities
within the Kingdom of the Netherlands; three smaller islands, Bonaire
(12,800), St. Eustatius (2,700), and Saba (1,600) became special
entities with direct ties to the Netherlands.
---------------------------------------------------------------------------
Aruba, Curacao, and St. Maarten have unicameral parliamentary
systems. They are largely autonomous, except for foreign policy and
defense. The Kingdom of the Netherlands is required, according to its
charter, to safeguard fundamental human rights and freedoms, good
governance, legal certainty, and the soundness of administration in all
of its territories..
In the Netherlands, individuals were prosecuted during the year for
violations of a law prohibiting public speech that incites hatred or
discrimination. There were reports of anti-Semitic incidents, societal
discrimination, and violence against some religious and ethnic
minorities, violence against women and children, and trafficking in
persons for sexual exploitation. In Aruba, Curacao, and St.Maarten,
prison conditions remained substandard in some respects.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and there were no
reports that government officials employed them during the year.

Prison and Detention Center Conditions.--In the Netherlands, prison
and detention conditions generally met international standards, and the
Government permitted visits by independent human rights observers. No
visits occurred in the course of the year. In Aruba, Curacao, and St.
Maarten, prison conditions remained substandard in some respects.
In all kingdom territories, authorities permitted prisoners and
detainees to maintain regular contact with the outside world and
receive visitors. Prisoners were permitted religious observance. They
could submit complaints to a supervisory committee, the penitentiary
institution's selection official, the prison system's complaint
commission, and in many cases had the option to appeal. Complaints were
addressed adequately with respect for due process of law. The
Government monitored prison and detention center conditions.
In the Netherlands, 11,682 persons were held in detention as of
September 2009, approximately 7 percent of them women. The total
included about 5,500 persons awaiting judicial disposition, about 4,200
serving prison sentences, approximately 500 in detention for not paying
a fine, and approximately 500 in detention for failing to meet their
community-service obligations.
In Curacao and St. Maarten, authorities have not increased prison
capacity sufficiently to allow separate facilities for juvenile
offenders, and judges may sentence juveniles under the age of 16 who
have committed serious offenses to prisons where they serve time
together with adults. A project begun in 2007 that replaced prison with
house arrest for selected inmates continued but involved very few
individuals. During the year only one inmate was selected for
electronic monitoring.
At Bon Futuro Prison in Curacao, renamed Curacao Detention and
Correction Center in September, there were several altercations between
inmates, and one brief inmate strike by inmates in May, which resulted
in some property damage. Prison guards went on strike in September in
Curacao over newly implemented prison regulations. In St. Maarten,
inmates struck briefly in April over a Public Prosecutor's Office
decision to send two inmates to prison in Bonaire.
In July 2009 the UN Human Rights Committee described reports that
prison conditions in Bon Futuro Prison and Bonaire Remand Prison
remained ``extremely harsh.'' However, improvements were under way as a
result of a 2008 allocation of eight million euros ($10.7 million) by
the Netherlands government. The Council of Europe's Committee for the
Prevention of Torture (CPT) based the improvements on recommendations.
The CPT's 2009 report cited improvements in the prisons in Curacao and
St. Maarten, including the opening of a youth section in St. Maarten.
Authorities completed the renovation of the Bonaire detention center in
2009 in accordance with CPT standards. The renovation of Bon Futuro
Prison was under way. Work continued on a construction and renovation
project for separate holding facilities for undocumented foreign
nationals in Curacao, including that section's specific perimeter
security. Also in Curacao, construction of new entry and exit
facilities and a workshop for prisoner activities continued. No new
construction or renovation took place during the year in St. Maarten.
The prison director stated that prison staffing was sufficient.
Training for six new guards was scheduled for January 2011.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the regional police forces, and the
Government had effective mechanisms to investigate and punish abuse and
corruption. There were no reports of impunity involving the security
forces during the year.

Arrest Procedures and Treatment While in Detention.--Police
officers, acting under the authority of the public prosecutor, conduct
criminal investigations. A prosecutor or senior police officer must
order any arrests. Authorities must promptly inform detainees of the
charges against them. Police may question suspects for a maximum of 12
hours (six hours in Aruba, Curacao, and St. Maarten) and detain them
for up to three days (two days in Aruba, Curacao, and St. Maarten),
with the possibility of an additional three-day extension in cases of
``urgent necessity,'' by order of the public prosecutor without the
permission of a magistrate. However, by the fourth day (the third day
in Aruba, Curacao, and St Maarten), the prosecutor must bring detainees
before an examining magistrate for questioning and a decision whether
to extend detention for another 14 days. The court subsequently reviews
the validity of continued detention every 90 days. Extensions depend on
progress in the preliminary investigation.
In the Netherlands, in terrorism-related cases, the examining
magistrate may order detention for the first 14 days on the lesser
charge of ``reasonable suspicion'' rather than ``serious suspicion''
required for other crimes.
By law defendants have the right to access to an attorney during
questioning; however, after a 2007 visit, the CPT expressed concern
that authorities in the Netherlands did not always permit attorneys to
be present during the initial period of detention, which may last up to
12 hours. In April the College of Prosecutors-General issued
instructions on ``giving effect to the right of a detained defendant to
consult an attorney prior to substantive questioning.'' Minors are also
entitled to counsel during questioning. The Justice Department has
established pilot projects to test the practice of having an attorney
present during the initial detention and questioning of an adult
suspect.
Authorities in Aruba indicated that if a detainee requested a
lawyer, no interrogation would take place without one unless the
severity of the case dictated otherwise. A legal aid system existed to
provide indigent detainees with legal aid, but such lawyers did not
always appear before questioning began. In the Netherlands Antilles,
beginning in mid-November 2009 authorities reportedly instituted
procedures requiring that police inform defendants of their right to
have a family member or other person informed of their arrest and that
police document this procedure.
There is no provision for bail, but in the Netherlands authorities
avoided lengthy detention before trial unless there were compelling
reasons to keep a person in custody.
In 2007 the UN Committee Against Torture criticized the excessive
length of pretrial detention and the high number of detainees not
convicted of a crime in Aruba and the Netherlands Antilles. The
Governments of the two territories sought to correct this problem by
reducing the number of crimes requiring pretrial detention and
implementing other policies aimed at reducing the case backlog,
particularly more expeditious processing of cases involving illegal
drugs. The backlog of detainees awaiting trial has been significantly
reduced.

e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.

Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right. Trials are
public. Juries are not used. The law requires that authorities fully
inform defendants about the proceedings at every stage. In criminal
trials the law provides for prompt access to counsel (inexpensively for
persons with low incomes), the presumption of innocence, and the right
to appeal. The accused is not present when the examining magistrate
examines witnesses, but his attorney has the right to question them. In
most instances defendants and their attorneys have access to
government-held evidence relevant to their cases; however, in certain
cases involving national security, special procedures permit an
examining judge to assess the reliability of official intelligence
reports without exposing the identities of intelligence officers or
releasing confidential intelligence information to the public or the
defendant. In such cases the defense has the right to submit written
questions to these witnesses through the examining judge. The law
extends the above rights to all citizens.
On July 27, the UN Human Rights Committee took the position that
the Netherlands violated the UN International Covenant on Civil and
Political Rights by enacting legislation in 2007 that restricts a
defendant's right to appeal fines of less than 500 euros ($665) for
minor offenses. The legislation provided that an appellate court must
first grant permission to the defendant in such a case to file an
appeal ``in the interest of proper administration of justice.'' The
committee found, however, that the new procedures denied the defendant
the right to challenge his conviction effectively. The Government did
not respond by year's end.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--The Government was
responsive to rulings by the European Court for Human Rights (ECHR). On
August 24, the foreign minister issued his annual report on the
previous year's ECHR decisions affecting the country. He noted that of
the four cases in which the court issued judgments in 2009, no
violation of the European Convention on Human Rights had been found in
two, while the other two cases were settled on friendly terms. In
response to earlier court judgments, the Government consolidated the
legal basis for wiretapping.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. Individuals may bring
lawsuits for damages related to a possible human rights violation
before the regular court system or specific appeal boards, and once
individuals exhaust national remedies, they may appeal to the ECHR.

a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government generally respected these
freedoms in practice.
Individuals could criticize the Government publicly or privately
without reprisals.
Disputes occasionally arose over a journalist's right to protect
their sources. On September 14, the ECHR ruled in a Dutch case that the
right to protect journalistic sources should include a guarantee of
review by a judge or other independent and impartial decision-making
authority before the police or the public prosecutor gained access to
information that would reveal these sources. The case concerned a
police seizure of photographs of an illegal automobile race. The
photographs had been taken by a journalist of the publication Autoweek
who assured the participants in the race that their anonymity would be
respected. The police believed the photographs would help them track
down participants in a series of major robberies. The public prosecutor
held that the interests of its investigation outweighed the reporter's
asserted right to protect his sources. However, the ECHR ruling found
that the right of journalists to protect their sources was sufficiently
critical to freedom of the press to require greater protection.
Legislation being drafted by the Government to bring the country's law
into compliance with the court's ruling had not been enacted as of
year's end.
It is a crime to engage in public speech that incites hatred,
discrimination, or violence against persons because of their race,
religion, convictions, gender, sexual orientation, or disability.
During the year the Government successfully prosecuted several such
cases, notably cases in which judges considered the language in
question to be ``unnecessarily offensive.'' The Government urged
prosecutors and police to give proper attention to incidents of
``discrimination,'' which in the country's jurisprudence includes
racially offensive speech. Convictions for these offenses were rare
because courts were reluctant to restrict freedom of expression,
especially when it took place within the context of a public debate.
In October Geert Wilders stood trial before the Amsterdam District
Court on charges of offending, inciting hatred toward, and
discriminating against, Muslims. However, due to a number of incidents
that raised doubt about the impartiality of the judges, a mistrial was
declared, and the case was rescheduled for 2011. Wilders was a member
of parliament and a leader of the Party for Freedom. In a number of
public statements and in his movie, Fitna, Wilders characterized Islam
as a violent political ideology that is incompatible with western
values. The prosecutor initially declined requests from Muslim and
other groups to prosecute Wilders, asserting that his opinions were
expressed in the context of a legitimate public debate. However, in
January 2009 the Amsterdam Appellate Court ordered the prosecutor to
initiate criminal proceedings. In the October trial, the prosecutor
requested Wilders' acquittal.
On August 19, an appellate court fined the Arabic European League
(AEL) for placing a cartoon on its Web site that expressed the idea
that Jews deliberately invented or exaggerated the Holocaust. AEL had
stated that they published the cartoon in reaction to earlier Danish
cartoons depicting the Prophet Mohammed in a negative way, with the
stated intention of demonstrating double standards in the media and
public debate. A district court ruled in favor of the AEL on the
grounds that the organization's stated objective had nullified its
offensive, punishable character. The appeals court, however, disagreed,
asserting that the context was not sufficiently clear. In its ruling
the court stated that despite the AEL disclaimer, the cartoon was
``unnecessarily offensive.'' It agreed with the ECHR that freedom of
expression must be protected, even if it shocks or offends, but noted
that the ECHR makes an exception for denying or trivializing the
Holocaust. The court concluded that ``the Jewish community. must be
able to deal with critical statements to a certain degree, even if they
could be perceived as offensive, but it is entitled to be spared
serious offense based on the Holocaust.''
On September 21, the Amsterdam Prosecutor's Office decided not to
prosecute the cartoonist Gregorius Nekschot (``Deathblow'' in Dutch)
for some of his cartoons, even though, in the prosecutor's stated view,
the cartoons violated the law on intentional discrimination and
incitement to hatred. In announcing his decision, the prosecutor noted
that the cartoonist had removed the cartoons from his Web site and that
the complaint dated from five years earlier. The cartoonist and the
Netherlands Association of Journalists expressed regret that a judge
had no opportunity to rule on the alleged breach of freedom of
expression.

Internet Freedom.--There were no governmental restrictions on
access to the Internet or reports that the Government monitored e-mail
or Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
More than 90 percent of the population had access to the Internet.
During the year authorities continued to pursue policies to counter
incitement to discrimination on the Internet. There were a number of
convictions in 2009 and during the year.
The police maintained a list of Web sites they have judged to be
purveyors of child pornography and reviewed the list periodically. All
major Internet service providers in the Netherlands have agreed not to
permit access to those sites.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the Government generally
respected these rights in practice.

c. Freedom of Religion.--For a description of religious freedom,
see the 2010 International Religious Freedom Report at www.state.gov/g/
drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The laws provide for freedom of
movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, returning refugees,
asylum seekers, stateless persons, and other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.

Protection of Refugees.--Laws provide for the granting of asylum or
refugee status, and the Government has established a system for
providing protection to refugees.
Authorities denied asylum to persons who came from so-called safe
countries of origin or who resided for some time in safe countries of
transit. They used EU guidelines to define such countries. Asylum
seekers are granted adequate opportunity to present their cases.
In practice authorities generally provided protection against the
expulsion or return of asylum seekers to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion. In response to criticism that some of the Government's
procedures were inadequate to avoid this risk, the asylum procedures
were revised on July 1 to ensure expedited and more scrupulous
processing of asylum applications. Authorities provided economic
assistance to persons who were denied asylum and who chose to return
home voluntarily.
During the year the Government ended its policy of automatically
granting temporary protection to certain categories of asylum seekers
based on country of origin or other established criteria, a policy
favored by the UNHCR and many nongovernmental organizations (NGOs).
Instead, it adopted a policy of investigating individual asylum
applications and determining on a case-by-case basis whether the
individuals concerned would face mistreatment if returned to their
countries of origin. The UNHCR and NGOs, including Amnesty
International (AI), challenged the Government when it considered
returning persons to countries where they might be at risk. For
example, AI asserted that authorities planned to return persons to
territory in and near Mogadishu that was controlled by the Transitional
Federal Government of Somalia based on an agreement with that
government. However, in AI's view, no part of central or southern
Somalia was a safe destination. These and similar charges resulted in
pressure to return to the practice of not deporting persons in certain
categories, including asylum seekers from such areas as Somalia, Iraq,
and Sudan or those meeting other criteria, such as gays and lesbians,
and Christian converts from Iran.
Several organizations, including AI and the Council for the
Administration of Criminal Law, criticized the manner of detention of
aliens prior to deportation. They maintained that since the aliens were
not criminals, authorities should not subject them to a criminal regime
or keep them in detention for extended periods of time, especially if
there was little or no prospect of actual deportation. Courts have
ordered the release of aliens if there was no prospect of actual
deportation. The state secretary for justice noted that there was no
evidence of structural abuse in the treatment of aliens in detention
centers. Some NGOs continued to argue that the Government did not
always keep deportable children out of detention. The state secretary
countered that it was at times unfair and inhumane to separate families
awaiting deportation. The Council of Europe's European Committee of
Social Rights, NGOs, and Dutch courts criticized the Government for
violating the rights of children by failing to give basic assistance to
children whose adult family members had been denied asylum. The
Government reviewed the situation and decided during the year not to
terminate care for children of rejected asylum seekers.
According to the UNHCR, there were slightly fewer than 100,000
asylum seekers and refugees in the country. Official data from
Statistics Netherlands (CBS) indicated that at the beginning of 2008
more than 70,000 refugees were living in the country with residence
status. Refugees received government assistance in finding housing and
they are entitled to social welfare and other social services.
An average of approximately 17,000 persons per year apply for
asylum. They are usually housed in asylum centers until a decision has
been made on their applications. Rejected asylum seekers, once they
have exhausted all possible appeals, are denied further assistance.
Several thousand rejected asylum seekers and illegal immigrants were in
detention during the year awaiting deportation.
Rejected asylum seekers and those still awaiting decisions on their
applications were not permitted to work and they were denied many
social services; however, they were given basic sustenance and health
care and permitted to attend school.

Stateless Persons.--Citizenship is based primarily on the mother's
citizenship. According to UNHCR statistics, there were 5,034 stateless
persons in the country at the end of 2009.
Parliament has revised the law governing citizenship repeatedly to
counter and prevent statelessness, including by providing the
opportunity to gain Dutch citizenship. Immigrants may naturalize after
five years of legal residence, or after three years if they are married
to a citizen. Migrants who are not naturalized are allowed to work,
including in the civil service but not the police force or the army.
After five years of legal residence, nonnationals have the right to
vote in local elections. To become citizen, they must complete a
written naturalization examination that tests both their proficiency in
the Dutch language and their knowledge of the country's culture and
society.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections held on the basis of universal
suffrage. These rights also apply to the Aruba, Curacao, and St.
Maarten.

Elections and Political Participation.--During the year,
parliamentary elections in the Netherlands were considered free and
fair.
Political parties generally operated without restriction or outside
interference. On April 9, the Supreme Court, upholding a 2007 appeals
court decision, ruled that the Government was obliged to ensure that
the Protestant Political Reformed Party (SGP) grants women the right to
run for office. The SGP maintained that the decision constituted
interference with religious freedom and freedom of association, and
that the party's female members were not seeking to run for office. The
party had already agreed to permit women to become party members
following an earlier court decision that would have cost it its subsidy
for not doing so. The Government did not respond to the Supreme Court
ruling by year's end. The SGP, however, has filed an appeal with the
ECHR.
There were 61 women in the 150-seat Second Chamber of parliament
(``House of Representatives''). Of the 20 Dutch cabinet members four
were women. Women also held positions in the parliaments and cabinets
of the former Netherlands Antilles, Curacao, St. Maarten, and Aruba,
including the position of prime minister of St. Maarten and the prime
minister of the Netherlands Antilles prior to its dissolution in
October.
In the Netherlands, 17 members of the Second Chamber of parliament
were of immigrant descent, including six of Turkish and five of
Moroccan descent.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented the law effectively. There were
isolated reports of government corruption during the year.
In 2009, the most recent year for which information was available,
authorities imposed disciplinary sanctions on 295 central government
employees for abusing their positions.
There are no laws requiring officials to make financial
disclosures. The Government pursued an active anticorruption policy
coordinated by the Internal Affairs Ministry's Bureau for Promotion of
Integrity of the Public Sector. The National Criminal Investigation
Service coordinated investigations under the supervision of the
national prosecutor for corruption.
The law provides for public access to government information, and
authorities generally respected that right for both citizens and
noncitizens, including foreign media. Whenever authorities denied
requests for information, they provided reasons based on the law. Those
seeking information could appeal any refusal to the regular courts.
Disputes occasionally arose in court over the scope of the Government's
right to withhold information based on the public interest.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Several domestic and international human rights groups generally
operated without government restriction, investigating and publishing
their findings on human rights cases. Government officials were
cooperative and responsive to their views.
In the Netherlands, there are no ombudsmen or parliamentary
committees dealing exclusively with human rights. However, a citizen
may bring any complaint before the Equal Opportunity Commission (CGB),
the national ombudsman, the Commercial Code Council, or the Council of
Journalism, depending on the circumstances.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on age, race, gender,
disability, language, political preference, sexual orientation, and
social status, and the Government generally enforced these
prohibitions.

Women.--Rape, including spousal rape, is a crime, and the
Government effectively prosecuted such crimes. The penalty for rape is
imprisonment not exceeding 15 years or a fine. The maximum sentence for
marital rape is eight years in prison. According to a 2008 report on
crime and law enforcement published by the Justice Ministry's
Scientific Research and Documentation Center and the CBS, in 2007 there
were 3,459 registered cases of rape and sexual assault involving 2,118
suspects.
Domestic violence was the most prevalent form of violence in
society. A factsheet issued by the Ministry of Justice in May 2009
indicated that there were approximately 500,000 incidents of household
violence annually. Approximately 40 percent of the population
experienced some form of domestic violence during their lives; 10
percent of these reported experiencing some form of physical, sexual,
or mental abuse at least weekly, and 4 percent had been raped.
According to police records, approximately 85 percent of victims were
women. Police estimated that victims reported approximately 12 percent
of all cases. The Government continued to implement a 2008-11 national
action plan to intensify the fight against household violence that
included a national survey on its scope. In June the College of
Prosecutors-General, which supervises the operation of the national and
regional prosecutors' offices, issued new instructions for
investigating and prosecuting cases of domestic violence and so-called
honor violence.
In Aruba, the criminal code specifies additional penalties for
violent offenses when committed against family members.
In the Netherlands, spousal abuse carries a penalty that is one-
third more severe than ordinary battery. Police records indicated that
approximately 3 percent of spousal abuse cases reported to police
resulted in arrests. The Government provided support to the national
organization Movisie (formerly TransAct), which assisted victims of
domestic and sexual violence and trained police and prosecutors in
investigating and prosecuting related crimes. The Government subsidized
shelters for battered women. Mayors may impose temporary restraining
orders on perpetrators of household violence; police figures indicated
that 2,150 restraining orders were issued nationwide in 2009. In
October the Government repeated a public information campaign against
domestic violence.
In May the Justice Ministry, together with several NGOs, repeated
the annual national information campaign to combat forced marriages and
the abandonment by immigrants of their spouses in their country of
origin. The campaign was intended to generate awareness among certain
groups of young immigrants regarding the risks which they might be
running in this regard and inform them about precautionary measures
they could take to prevent forced marriage or being left behind during
vacations in their parents' country of origin.
According to a report published in August, the National Expertise
Center on Honor-Related Violence (LEC-EGG) received of 445 reports of
possible honor violence in 2009, compared to 553 in 2008 and 493 in
2007. Of the 445 reports received in 2009, 54 percent involved threats,
31 percent physical violence, 3 percent allegations of murder, 3
percent attempted murder, and 2 percent rape. The Government has
addressed the problem vigorously and continued a five-year program
started in 2006 to combat honor violence that focused on prevention,
protection, and criminal prosecution. In 2008 the Government set up
LEC-EGG within the regional police department in The Hague. The center,
accessible seven days a week and 24 hours a day, developed a checklist
to help the police and other professionals identify honor violence
cases.
Female genital mutilation (FGM) was practiced on both women and
young girls (see section 6, Children).
The law requires employers to take measures to protect workers from
sexual harassment; however, sexual harassment was a problem. In June
the CBS published a study on sexual harassment which estimated that in
2009 one in 40 women was subject to unwelcome sexual advances. The
study indicated that 20 percent of the unwanted advances occurred in
the workplace and that only 10 percent were reported to the police. The
Government continued a public-awareness campaign and took measures to
counter harassment among civil servants; no information was available
on their effectiveness. The Working Conditions Act commits employers to
protect employees against aggression, violence, and sexual
intimidation. Complaints against employers who fail to provide
sufficient protection can be submitted to the CGB. Victims of sexual
assault or rape in the workplace must report the incidents to the
police since they are criminal offenses.
The Government recognized the basic right of couples and
individuals to decide freely and responsibly the number, spacing, and
timing of their children, and to have the information and means to do
so free from discrimination, coercion, and violence. There were no
restrictions on the right to access contraceptives. The Government
provided skilled attendance during childbirth, including obstetric and
postpartum care. Men and women received equal access to diagnosis and
treatment for sexually transmitted infections, including HIV. According
to 2008 estimates published by the World Health Organization, the
United Nations Children's Fund (UNICEF), the UN Food Program, and the
World Bank, the maternal mortality rate was nine deaths per 100,000
live births.
Under the law women have the same rights as men, including rights
in family law, property law, and the judicial system.
In the Netherlands, approximately 68 percent of women were employed
in 2009, nearly 75 percent of them part time. Female and male
unemployment rates were 5.3 and 4.5 percent, respectively. The Ministry
of Social Affairs and Employment reported that the higher rate of
unemployment among women, their reduced chances for promotion, and
their generally lower-ranking positions compared with men resulted
primarily from their higher level of part-time employment status.
According to EU statistics, the disparity between men's and women's
earnings in the country's private sector was 23.6 percent in 2008;
adjusted for level of experience and expertise required for the jobs,
the differential was 7 percent.
The Government provided affirmative action programs for women, and
collective labor agreements usually included provisions to strengthen
the position of women. In 2009 the CGB received 473 complaints of
discrimination, 16 percent of which related to gender.

Children.--Children obtain citizenship through their parents.
Registration of all births is mandatory.
Child abuse was a problem. The Ministry for Youth and Family
reported in September that an estimated 107,000 children were abused
annually, of whom fewer than 50 percent were known to professional
organizations. Experts estimated that approximately 50 to 80 children
died each year from some form of abuse. In 2009 the Child Abuse
Reporting Center received almost 60,000 reports of possible child
abuse, 12 percent more than in 2008. In March 2009 the Government
launched a two-year publicity campaign to encourage the public to
report signs of possible child abuse. In 2008 the Government began to
require physicians to report child abuse, overriding professional
confidentiality. Despite increased government funding for the Council
for the Protection of Children, there still were long waiting lists for
assistance.
The law prohibits FGM. The maximum penalty is 12 years in prison.
In May 2009 the Ministry of Health published an FGM prevalence study
which indicated that, of the 1,200 pregnant women and girls from high-
risk countries (Somalia, Ethiopia, and Egypt) examined by midwives in
2008, a total of 470 had undergone FGM. In 2007 the Government's
National Public Health Council estimated that at least 50 girls a year
underwent FGM, probably in the native countries of their parents; the
FGM committee established by the Ministry of Health estimated that
16,000 girls and 32,000 women had been subjected to the procedure. The
Government continued a long-term program to combat FGM through primary
prevention and early identification, and the Health Ministry committed
more than one million euros (approximately $1.3 million) annually to
combat FGM. The funds were used for information campaigns for at-risk
groups and among professionals whose occupations bring them into
contact with immigrant girls. They were also used for projects designed
to engage key individuals in communities where FGM occurred. In August
2009 the College of Prosecutors-General issued new instructions for
investigating and prosecuting cases of child abuse, including a chapter
devoted to FGM.
Prostitution under the age of 18 is illegal. Anyone who forces a
minor to engage in prostitution is liable to a sentence of up to eight
years, or up to 12 years if the victim is under 16. Because there were
no reliable statistics on the number of underage prostitutes, the
Government in 2009 asked Comensha, the national human trafficking
victim registration center, to set up a national registration system
for underage prostitution. During the year the system became
operational.
The Netherlands and the Caribbean parts of the kingdom were not
destinations for child sex tourism. The law provides penalties for
nationals and legal residents of the country who abuse minors abroad,
even if the offense is not a crime in the country where the abuse
occurs. In November 2009 the Government installed the Taskforce on
Child Pornography and Child Sex Tourism to intensify the fight against
these crimes. The country has a statutory rape law. The penalty for
rape is imprisonment not exceeding 15 years, a fine, or both. The
minimum age for consensual sex is 16. The law prohibits production,
possession, and distribution of child pornography for which there is a
maximum penalty of eight years' imprisonment. In January legislation
came into force that makes gaining access to child pornography on the
Internet a crime with a maximum penalty of four years in prison. In
Aruba, Curacao, and St. Maarten, this awaited ratification.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see http://
travel.state.gov/abduction/country/country--3781.html

Anti-Semitism.--According to the Jewish Social Work organization,
approximately 45,000 Jews resided in the Netherlands.
Anti-Semitic incidents, including threats, verbal abuse, and
desecration of monuments and cemeteries, continued to occur. The Center
for Information and Documentation on Israel (CIDI) reported a
significant rise in the number of reported incidents in 2009 and 2010.
CIDI stated, however, that ``serious incidents'' remained rare. The
frequency of incidents appeared to be correlated with the political
situation in the Middle East. For example, incidents sharply increased
in June following the Israeli action against the Gaza Flotilla. They
included spraying red paint on the front doors of synagogues in the
towns of Amersfoort and Utrecht and an incident on June 6, during which
passers-by shouted ``Heil Hitler'' when Chief Rabbi Binyomin Jacobs was
speaking at a memorial ceremony at the former concentration camp in
Vught. CIDI pushed for more action against anti-Semitic Internet sites,
which it characterized as one of the main means of disseminating anti-
Semitic and racist ideologies. It also sought tougher action against
Holocaust denial, better registration of anti-Semitic incidents, and
more attention to Holocaust education. Explicitly anti-Semitic
sentiments were widespread among certain segments of the Muslim
community, pro-Palestinian groups, and fringe nationalist and neo-Nazi
groups.
In its most recent report, the Registration Center for
Discrimination on the Internet (MDI) in 2009 reported a sharp increase
in anti-Semitic statements. During that year it received 399 reports of
anti-Semitism, of which it considered 258 to be punishable, including
41 denials of the Holocaust. Whereas the Web sites of right-wing
extremists traditionally accounted for most of the anti-Semitic
expressions on the Internet, the MDI found that such expressions were
increasingly present on mainstream interactive websites.
On August 19, the Arnhem Appellate Court fined the AEL for a
cartoon on the AEL Web site that expressed the idea that Jews
deliberately invented or exaggerated the Holocaust (see Section 2.a.).
In September the Government initiated an updated action plan to
combat discrimination in general and anti-Semitism in particular. The
plan underlined the importance of a local approach through cooperation
between local authorities and Jewish and non-Jewish organizations to
include the reporting and filing of complaints, improved tracking down
and prosecution of offenders, and education and the dissemination of
information on discrimination. For example, the Government sponsored
special training courses for teachers, peer education projects, and
education programs that focused specifically on anti-Semitism and
Holocaust denial. It also sponsored the Jewish Moroccan Network, which
sought to reduce tensions between Jews and Moroccans.
In early December, Dutch politician and former EU commissioner
Frits Bolkstein advised Dutch Jews, particularly those that stand out
due to their dress, to leave the country because of what he described
as increasing anti-Semitism, especially amongst Dutch Moroccans. After
he was criticized for this statement, Bolkstein stated that his
intentions were to urge the Dutch ``not look away'' from the realities
and denied that he ever called on Jews to leave the country.
The Government-funded Article 1 National Association Against
Discrimination set up several projects at elementary, secondary, and
vocational training schools to counter racism and discrimination.
There were no reports of anti-Semitic incidents in Curacao, St.
Maarten, or Aruba.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip

Persons With Disabilities.--Discrimination against persons with
disabilities is illegal in all parts of the kingdom, but government
enforcement was inadequate, and there were some reports that such
discrimination occurred. The penal code provides penalties for
discrimination in employment, education, access to health care, and the
provision of state services. In 2009 the CGB received 473 complaints of
discrimination, 17 percent of which related to persons with
disabilities. Although CGB rulings are not binding, they usually were
implemented. The law requires that persons with disabilities have
access to public buildings, information, and communications, but public
buildings and public transport often were not easily accessible in
practice.

National/Racial/Ethnic Minorities.--The kingdom's constitution
prohibits racial, national, or ethnic discrimination in all kingdom
territories.
In the Netherlands, incidents of physical assault against
minorities were rare, but members of minority groups experienced verbal
abuse and intimidation, and were at times denied access to public
venues, such as discotheques.
A Muslim community of approximately 850,000 persons faced frequent
discrimination. Members of immigrant groups also faced discrimination
in housing and employment. According to the CBS, in 2009 the minority
unemployment rate (11 percent) remained roughly three times that of the
ethnic Dutch workforce (4 percent), while the unemployment rate among
minority youth was 25.3 percent compared to 11.6 percent for native
Dutch youth.
The Government pursued an active campaign to increase public
awareness of racism and discrimination. The Government initiated a
national campaign to counter discrimination and to improve the
reporting of hate crimes, including hate speech, by using a special Web
site.
Within the police, the National Discrimination Expertise Center
(LECD) worked to optimize the criminal processing of discrimination
cases. The LECD cooperated closely with the prosecutor's offices, local
antidiscrimination units, and the MDI. These organizations also
registered incidents and issued reports. Data from the LECD, the CGB,
and the Racism and Extremism Monitor of the Anne Frank Foundation
provided insights into the extent of incidents of discrimination. These
organizations voiced concern about the reluctance of victims to report
incidents.
In each region a discrimination consultation body, which included
police, the prosecutor's office, and antidiscrimination units,
evaluated incidents of discrimination. In 2009 the LECD registered 160
reported offenses of discrimination. This number was lower than the
annual average over the previous decade, but the apparent decline could
have been the result of a new method of registering such offenses. The
offenses were discrimination based on race (51 percent) and religion
(anti-Semitism, 35 percent; and anti-Islam, 5 percent). Also in 2009
officials prosecuted 194 offenses, brought 137 indictments, obtained
135 convictions, and entered into 20 out-of-court settlements.
In 2009 the MDI registered 577 instances of Internet discrimination
that it asserted were punishable, a significant decrease from 2008.
Half of these instances were anti-Semitic. Those responsible removed
most (86 percent) of offending sites voluntarily when the MDI asked
them to do so. The MDI reported six cases to the prosecutor's office;
cases brought before a court produced several convictions.
Most defamation cases filed in criminal courts concerned racial
defamation. Civil lawsuits often alleged discrimination against persons
who were not ethnically Dutch in the supply of such services as cell
phones and access to clubs. The CGB focused on discrimination in the
labor market, including discrimination in the workplace, unequal pay,
termination of labor contracts, and preferential treatment of
ethnically Dutch employees.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--In the Netherlands, there are
no government impediments to the organization of gay events. The gay
rights organization COC called for government policies to increase
societal acceptance of homosexuality, for example, through mandatory
information at schools on homosexuality and the transgender community.
There were several gay pride marches during the year. During the year
the Justice Ministry reported a rise in harassment due to homosexual
activity. Most incidents consisted of verbal epithets and abuse. Police
placed a high priority on combating antigay violence.
Caribbean society remained much less accepting of homosexuality and
the transgender community; however, there were no known cases of abuse
or violence against individuals in this community in Aruba or the
former Netherlands Antilles during the year. There were no gay pride
marches.

Other Societal Violence or Discrimination.--There were no specific
reports of societal violence against persons with HIV/AIDS. However,
the Government sponsored a national campaign against societal
stigmatization of persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law allows workers to form or
join independent unions of their own choosing without prior government
authorization or excessive requirements, and workers exercised this
right in practice. Approximately 25 percent of the legally employed
workers were unionized. The law allows unions to conduct their
activities without interference, and the Government protected this
right in practice. The right to strike is based on the European Social
Charter, and workers exercised this right by conducting legal strikes.
Requirements for conducting a legal strike were not excessively lengthy
or cumbersome. Regulations prohibit retaliation against legal strikers.
Public-sector workers generally have the right to strike, but a
magistrate may forbid a strike that threatens the public welfare or
safety. For example, magistrates have often prohibited police actions
because of the essential services police perform.

b. The Right to Organize and Bargain Collectively.--The law
provides for the right to organize, and specific laws provide for the
right to collective bargaining; workers exercised these rights in
practice. According to the Christian Trade Union Federation, collective
bargaining agreements covered approximately 85 percent of the
workforce.
The law prohibits antiunion discrimination.
There were no special laws or exemptions from regular labor laws in
export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor; however, there were reports that such
practices occurred. See the Department of State's annual Trafficking in
Persons Report at www.state.gov/g/tip
According to the national rapporteur for trafficking in persons,
the highest risk sectors for labor exploitation included domestic
employment, temporary employment agencies, agriculture and
horticulture, restaurants, hotels, and construction. In 2009 the Labor
Inspectorate conducted approximately 11,000 inspections at many of
these high-risk workplaces.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
Government effectively enforced laws and policies to protect children
from exploitation in the workplace; however, children were trafficked
for commercial sexual exploitation. See the Department of State's
annual Trafficking in Persons Report at www.state.gov/g/tip
The minimum age for employment is 16 years. Special rules apply to
schoolchildren 16 and 17 years of age. For example, the law prohibits
persons under the age of 18 from working overtime, at night, or in
activities dangerous to their physical or mental well-being. A
tripartite labor commission composed of representatives from the
Government, enterprises, and unions monitored hiring practices and
conducted inspections. The commission enforced the laws effectively.
Holiday work and after-school employment are subject to very strict
rules set by law. The Ministry of Labor's inspection office, which is
responsible for enforcement, found that during the year 70 percent of
companies employing holiday workers and children younger than 18
complied with regulations.

e. Acceptable Conditions of Work.--In the Netherlands, the minimum
wage for adults is 1,416 euros ($1,883) per month, which provides an
adequate standard of living for a worker and family. The Labor Ministry
establishes the minimum wage. The minimum wage in Curacao and St.
Maarten was 7.30 Netherlands Antillean Guilders ($4.10) per hour.
Dutch law establishes a 40-hour workweek. The average workweek in
the Netherlands was 38.7 hours for full-time workers and 20 hours for
part-time workers. Persons who work more than five hours per day are
entitled to a 30-minute rest period. Overtime is regulated. The Labor
Inspectorate effectively enforced the labor laws.
A tripartite labor commission actively monitored and effectively
enforced working conditions, including comprehensive occupational
safety and health standards set by law. The Ministry of Labor and
Social Affairs also monitored standards. Workers could remove
themselves from dangerous working conditions without jeopardizing their
continued employment, and they exercised this right in practice.
Workers in the significant underground economy enjoyed neither the
minimum wage nor any of the other legal, administrative, or safety
protections available to other workers.

__________

NORWAY

Norway is a parliamentary democracy and constitutional monarchy.
The population is approximately 4.9 million. The country is governed by
a prime minister, a cabinet, and a 169-seat parliament (Storting) that
is elected every four years and cannot be dissolved. Free and fair
elections to the multiparty parliament were held in September 2009.
Security forces reported to civilian authorities.
During the year extensive use of holding cells, violence against
women, and trafficking of men, women, and children were continuing
problems.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices, and
there were no reports that government officials employed them.

Prison and Detention Center Conditions.--Prison conditions mostly
met international standards, and the Government permitted visits by
independent human rights observers; however, there were reports of
juveniles being held with adults in holding cells and prison. In
November the bar association reported that nearly half of all those
arrested during the year were kept in holding cells for longer than 48
hours. In September 2009, the latest date for which government figures
were available, police disclosed that due to long waiting lists for
prison cells and geographical factors, they had detained approximately
1,500 arrestees during the year in temporary holding cells for longer
than the 48 hours allowed by law. Police holding cells were austere and
designed for short stays and a transient inmate population. During the
year Oslo police reportedly expressed alarm over what they described as
some suicidal detainees in holding cells. Media reported that on March
30, a 48-year-old male committed suicide in police custody in Hamar
after having spent nearly five days in a holding cell. The Bureau for
the Investigation of Police Affairs reportedly concluded in December
that the case involved serious misconduct in the use of police arrest
and that police significantly exceeded the deadline for a pretrial
detention hearing. Authorities fined the Hedmark Police District 50,000
kroner ($8,400); a final decision on possible additional penalties was
pending in anticipation of further depositions. Trandum, the country's
only detention center dedicated solely to foreign nationals awaiting
deportation, was understaffed, but the problem was rectified during the
year according to the parliamentary ombudsman's office (see section
2.d.).
On December 31, there were 3,433 prisoners in the country. There
were fewer inmates at the end of the year, because some prisoners were
released early for Christmas and others had not been called in to start
their sentences. During the latter half of the year, after the
country's total prison capacity increased from 3,500 to 3,826, the
prison population was usually between 3,700 and 3,800. A total of 1,173
women and 62 juveniles were imprisoned during the year; on average,
there were 108 women and 10 juveniles in prison in the country at any
given time during the year. The country has three separate prisons for
women: Bredtveit (64 places), Sandefjord (14) and Ravneberget (53). In
addition, seven other prisons have women's departments with a total of
57 places. A number of other prisons in the country can accommodate
women as needed.
Other than Trandum detention center, the country has no separate
detention facilities apart from police station holding cells.
Nationwide there are 45 prisons, most of which contain separate cells
for pretrial detainees. According to government officials, the Trandum
detention center can house150 alien detainees, but usually holds no
more than 70. In March the Norwegian Labor Inspection Authority (NLIA)
placed a cap of 45 detainees in Trandum due to concerns about
employees' safety due to understaffing. According to the Police
Officers' Union, the decision required the moving of 20 detainees; of
these, almost half were ordered deported, and the rest were released
after specific assessment of the status and progress in their cases. To
assess the need for concrete measures to address capacity problems, the
Government introduced an improved tool for recording statistics on the
use of police custody.
The Government also initiated measures to provide individually
adapted follow-up of young offenders, including projects based on the
principles of restorative justice. To avoid juveniles' serving their
sentences with adults or in total isolation, the Government established
two separate prison units for young offenders. The Government also
supported alternatives to prison, such as serving a sentence in a child
welfare institution or through other means developed on a case-by-case
basis by mediation boards. Authorities also escalated the frequency of
community service sentences for juveniles.
The prison system was considered transparent; prisoners were
represented by an ombudsman who could visit at a prisoner's request or
at the ombudsman's own initiative. The ombudsman does not act on behalf
of prisoners and detainees to consider such matters as alternatives to
incarceration for nonviolent offenders to alleviate overcrowding; only
the courts handle sentencing. The ombudsman may conduct investigations,
however, and may express a legal, nonbinding opinion on whether public
authorities have erred or committed any injustice. The ombudsman also
may serve on behalf of prisoners and detainees concerning the status
and circumstances of confinement of juvenile offenders but received few
complaints on this issue. The ombudsman reportedly received no reports
of prisoners serving beyond the maximum sentence for the charged
offense. The Government permitted monitoring visits by independent
human rights groups, the media, and the International Committee of the
Red Cross; however, no such visits took place during the year.
Authorities permitted prisoners and detainees to submit complaints to
judicial authorities without censorship and to request investigation of
credible allegations of inhumane conditions; there were no such
complaints or allegations during the year.
Representatives from the national Police Directorate, the relevant
state prosecutor's office, and the ombudsman's office carried out
inspection visits to ensure prisons and detention facilities were
equipped and operated in accordance with all relevant regulations,
particularly concerning the prisoner's health conditions. Each police
district had its own mechanism or entity for informing prisoners of
their rights. Prisoners and detainees had reasonable access to visitors
and were permitted religious observance.
To help reduce the waiting list for the country's prisons, in 2008
the Government began a two-year pilot project testing electronic
monitoring as an alternative to imprisonment for offenders sentenced to
less than four months in prison or those with fewer than four months
left of a longer sentence for a nonviolent crime. Juvenile offenders
and ``first-time'' offenders were a priority target group. The
electronically monitored offenders had to participate in a motivational
and crime prevention program and other activities individually matched
to each offender's rehabilitation needs. The stated goal was to
maintain and advance offenders' social and economic capabilities and to
prevent recidivism. By February 2009, the latest date for which figures
were available, authorities had tagged 192 offenders, only eight of
whom were returned to prison due to misconduct. On average,
approximately 70 offenders were under electronic monitoring at any
given time during the year.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.

Role of the Police and Security Apparatus.--The national police
have primary responsibility for internal security; the police may call
on the armed forces for assistance in crises. In such circumstances the
armed forces are under police authority. The Ministry of Justice and
Police oversees the police force.
Civilian authorities maintained effective control over the national
police, and the Government has effective mechanisms to investigate and
punish abuse and corruption. There were no reports of impunity
involving the security forces during the year.
The Organization against Public Discrimination (OMOD) and the
Norwegian Center against Racism received some complaints that public
security officials used discriminatory racial profiling techniques to
stop and search members of ethnic minorities. Evidence of racial
profiling was anecdotal because police did not keep records of stop and
search activities.
During the year the Government continued to support measures to
improve the level of trust between police and adolescents from ethnic
minorities. The Ministry of Justice and Police, the Police Directorate,
and local police districts had regular dialogues with minority and
immigrant organizations. A continuing project in several police
districts focused on policing in a multiethnic environment, the results
of which may be used as a basis for further police training.

Arrest Procedures and Treatment While in Detention.--The law
requires warrants authorized by a prosecutor for arrests except when
the perpetrator is caught in the act of committing a crime, and police
usually arrested a person based on a warrant. Police are required to
file a justification to hold detained persons in custody within four
hours of their arrest and must inform detainees of the charges against
them within three days. Authorities must arraign an arrested suspect
within 24 hours (not including Saturday and Sunday), at which time the
arraigning judge determines whether the accused should be held in
custody or released pending trial. There is no bail system. Nonresident
foreigners were not released pending trial. Defendants accused of minor
crimes were routinely released pending trial. Defendants accused of
serious or violent crimes usually remained in custody until trial.
Arrested persons were allowed access to a lawyer of their choosing
before interrogation or, if they could not afford one, to an attorney
appointed by the Government. Authorities usually allowed arrested
persons access to family members. The law mandates that detainees be
transferred from a temporary police-holding cell to a regular prison
cell within 48 hours.
The law permits detention of aliens to establish identity or to
effect their removal from the country, if it is most likely they will
evade an order to leave. The Police Officers' Union expressed concern
about conditions at the Trandum Detention Center for foreign nationals,
which the Police Immigration Unit (PUI) administered. According to the
Police Officers' Union, authorities released ten detainees from Trandum
in March due to ``intolerable conditions'' stemming from a ratio of 16
detainees to one employee. During the year understaffing at the center
led detainees to set fires and nearly to riot. The employee protection
ombudsman shut down the center for a few days in April, partly due to
concerns over air quality following a fire. The NLIA determined the
conditions were good enough to reopen shortly thereafter. As of
November the parliamentary ombudsman's office reported that the PUI
hired additional staff for Trandum and rectified the problems.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
judicial independence in practice.

Trial Procedures.--Defendants enjoy a presumption of innocence.
Trials are public. In criminal cases involving a maximum prison
sentence of at least six years, a court of appeal sits with a jury of
10 civilian members; there is no right to a jury trial in other
instances. Defendants have the right to be present at their trial, to
have counsel, at public expense if necessary, to confront and question
witnesses, to present evidence and witnesses, and to appeal. Defendants
and their attorneys have access to government-held evidence relevant to
their cases. The law extends these rights to all citizens.
The constitution and law provide for the right to a fair trial, and
an independent judiciary generally enforced this right.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--There are no barriers to
access to the European Court of Human Rights (ECHR) by citizens. During
the year through October, the ECHR found for the Government in its two
cases involving the country. In 2009 the ECHR issued one judgment
against the state which found the country had violated the right to
respect for private and family life as provided under the European
Convention on Human Rights. The Government complied with the ECHR
judgment by paying the damages assessed.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters that can adjudicate cases
involving human rights violations.

Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mail or
Internet chat rooms or attempted to collect personally identifiable
information. Individuals and groups could engage in the peaceful
expression of views via the Internet, including by e-mail. As of the
second quarter of the year, according to Statistics Norway,
approximately 90 percent of households had Internet access, and
81percent of the population used the Internet daily.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
Government generally respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, see the 2010 International Religious Freedom Report at
www.state.gov/g/drl//irf/rpt

Protection of Refugees.--The law provides for the granting of
asylum or refugee status, and the Government established a system for
providing protection to refugees.
The country is party to the Dublin II regulation, which allows the
Government to return refugees and asylum seekers to the first country
they entered that is also a party to the regulation. As of October the
country returned 255 refugees and asylum seekers to Greece, which is a
Dublin II regulation country, only on a case-by-case basis. Following a
written request by the ECHR in October, the Immigration Appeals Board
issued a press release, stating that it would suspend the deportation
of asylum seekers to Greece under the Dublin II regulation until the
ECHR ruled on the issue in a pending case involving another European
country.
In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion. The Government granted refugee status or asylum and accepted
refugees for resettlement. NGOs expressed concern, however, regarding
the Government's increasing tendency to return persons to areas the
UNHCR deemed unsafe, against UNHCR advice. The media reported that, as
of the second quarter of the year, authorities had returned 207
refugees to Greece, Iraq, Somalia, Afghanistan, and Sri Lanka,
reportedly against UNHCR advice. The Government responded that it met
regularly with the UNHCR and followed most guidelines, but it reviewed
each case individually and, following careful research, in some
instances did not follow UNHCR advice.
According to the Norwegian Directorate for Immigration (UDI), the
Government also provided temporary protection to individuals who might
not qualify as refugees and provided it to 2,060 persons.
As a general rule asylum seekers in the country were not taken into
custody pending assessment of their applications or following final
rejection; they were admitted to open reception centers located across
the country, where they had freedom of movement. There were 132 such
reception centers, 17 of which were reserved for unaccompanied minors.
As of November the reception centers housed approximately 17,000
persons, including those who received a final rejection, and had a
total capacity of 19,000 persons.
The Government provided legal guardians to unaccompanied minor
asylum seekers. NGOs reported great variation in the recruitment and
training of legal guardians, resulting in arbitrary differences in
representation. Child Welfare Services took over legal care for
unaccompanied minor asylum seekers under 15 years of age, including the
responsibility to find legal guardians. Due to logistical difficulties
following a steep rise in the number of unaccompanied minors arriving
in the country in recent years (from 403 in 2007 to 1,647 by the end of
September 2009), immigration authorities remained responsible for older
children (ages 15-18). According to the ombudsman for children, this
division of responsibility resulted in unequal treatment, as the Child
Welfare Service was better equipped to provide follow-up services and
find competent guardians. The Government responded that the 15-18 year
olds were accommodated in reception centers particularly adjusted for
this group, and that their living conditions had improved in the last
two years, both with regard to care and availability of leisure
activities.
Unaccompanied minor asylum seekers who are at least 15+ years of
age at the time of arrival were given a temporary residence permit. The
permit expires when they reach 18 years of age, at which time they must
return to their country of origin. As of October authorities gave a
temporary permit to 38 unaccompanied minors, mostly from Afghanistan
(15), Iraq (six), and Ethiopia (three). Some NGOs and local government
leaders objected to the practice, expressing concern about its possible
psychological impact on children from war-torn countries.
In early July rejected asylum seekers rioted and set fires at the
Lier and Fagerli asylum transit centers outside of Oslo. The centers,
which burned to the ground during the unrest, had provided housing and
food for 250 foreign nationals whose applications for asylum had been
rejected and who were expected to leave the country voluntarily or by
compulsion if necessary. The Norwegian Center against Racism maintained
that the incidents should not have been a surprise; prior to the
incidents, residents had expressed dissatisfaction with the centers'
conditions and anguish over their own status. Following the fires, the
Government decided not to rebuild the two transit centers and instead
to establish ``return'' centers. The new centers would focus on
reducing waiting time to a minimum and on preparing the center
residents for return to their home countries or countries of first
asylum.
In late July six Palestinian asylum seekers at a reception center
in Svolvaer and one Palestinian at a center in Finnmark, both above the
Arctic Circle, began a hunger strike in protest over the length of time
authorities were taking to process their asylum applications. The
spokesman for the Svolvaer group told the media he had been waiting 18
months for the UDI to process his application. The Police Immigration
Unit escorted the Finnmark hunger striker to Oslo, en route to his
country of first asylum, reportedly based on a decision made before his
strike began.

Stateless Persons.--According to UNHCR statistics, there were 2,860
stateless persons in the country as of the end of 2009. Citizenship is
derived from one's parents; children born in the country do not
automatically become citizens. According to government authorities, 95
percent of stateless persons in the country were of Palestinian origin.
Others are mostly from the Baltic countries, where there are unresolved
nationality issues for some residents. The law authorizes revocation of
Norwegian citizenship granted on the basis of false identity
information. Since the law requires applicants for Norwegian
citizenship to renounce their original citizenship, revoking Norwegian
citizenship can result in statelessness if the person's original
citizenship is not reinstated. The Government effectively implemented
laws and policies to provide stateless persons the opportunity to gain
nationality on a nondiscriminatory basis.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--In September 2009 the
country held parliamentary elections that were considered free and
fair. The elections resulted in a second term for a coalition
government of the Labor, Socialist Left, and Center parties.
Political parties operated without restriction or outside
interference.
Following the September 2009 elections, there were 67 women in the
169-seat parliament (nearly 40 percent). There were nine women among
the 19 Supreme Court justices, and women headed half of the 20
government ministries. Women led five of the seven political parties
represented in parliament. There was one member of parliament from a
minority group and one alternate member, both Pakistani-Norwegians.
There were no minority ministers or Supreme Court justices. Most major
political parties in the country voluntarily apply a gender quota
system for purposes of nominations and the composition of party-
governing bodies at all levels.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented these laws effectively. There were
no confirmed reports of government or police corruption during the
year.
Public officials are subject to financial disclosure laws. The
Ministry of Justice and Police and the Ministry of Finance are
responsible for combating corruption.
The law provides for public access to government information, and
the Government provided access in practice to both citizens and
noncitizens, including foreign media.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
often were cooperative and responsive to their views.
The country has parliamentary ombudsmen for public administration,
for children, and for equality and antidiscrimination. All of the
ombudsmen enjoyed the Government's cooperation and operated without
government interference. The ombudsmen hear complaints on actions by
government officials, but their offices did not issue any reports
specifically on human rights problems. Although the ombudsmen's
recommendations are not legally binding, in practice government
authorities usually complied with those from the ombudsmen for children
and public administration.
Parliament's Standing Committee on Scrutiny and Constitutional
Affairs reviews the reports of the parliamentary ombudsmen. Its
Standing Committee on Justice is responsible for matters relating to
the judicial system, police, the penal code, and the civil and criminal
code.
In August the Equality and Antidiscrimination Tribunal confirmed
the assessment of the Ombudsman for Equality and Antidiscrimination
(LDO) that the banning of religious headscarves (hijabs) in police
uniform regulations was discriminatory. The minister of justice and the
Police Officers' Union responded that the decision to forbid hijabs
would stand based on a thorough political and judicial evaluation of
the regulations concerning police uniforms. The Government's decision
led some commentators and NGOs to question the LDO's purpose.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status, and the Government generally enforced this
prohibition in practice, although racial profiling, violence against
women, and trafficking in persons were problems.

Women.--The law criminalizes rape, including spousal rape, and the
Government generally enforced the law. According to police, 1,126 rapes
and attempted rapes were reported during 2009 and 489 rapes and
attempted rapes reported through the second quarter of the year, the
latest date for which figures were available.
The penalty for rape is generally one to 10 years in prison,
depending on the severity of the assault, the age of the victim, and
the circumstances under which the crime occurred. Very few cases,
however, resulted in a maximum sentence. During the year 84 percent of
rape cases reported to police never reached the courts; authorities
believe this was usually due to the victim's reluctance to press
charges, while Amnesty International believed systemic inadequacies
were largely to blame. Approximately 36 percent of rape trials during
the year ended in acquittal.
In 2008 a government-appointed public committee concluded that a
structural failure in the police to prioritize rape cases led to the
low percentage of cases prosecuted and offenders convicted. As of the
third quarter of the year, the Government had not implemented many of
the recommendations in the report, including the suggestion that police
set up an independent sexual violence unit.
Violence against women, including spousal abuse, was a problem. The
law provides higher penalties for domestic violence than for simple
assault, generally one to three years in prison, with an increased term
of up to six years in more severe cases. The Government generally
enforced the law in practice. In 2009, the latest period for which data
were available, 2,144 cases of domestic violence were registered, a 47
percent increase over 2008.
The Government generally and police agencies in particular had
programs to prevent rape and domestic violence and to counsel victims.
Each of the country's 27 police districts had a domestic violence
coordinator to assist victims. Public and private organizations
operated 50 government-funded shelters and managed five 24-hour crisis
hotlines. The shelters provided support and counseling for victims and
helped them gain access to social services, doctors, lawyers, and
housing authorities. Victims of domestic violence have a right to
consult a lawyer free of charge before deciding whether to make a
formal complaint. If criminal proceedings are instituted, the victim is
entitled to free assistance from a victim's advocate. This also applies
to children who have been subjected to violence, sexual abuse, or
genital mutilation.
The law provides that ``employees shall not be subjected to
harassment or other unseemly behavior,'' and the Government effectively
enforced this provision. Employers who violate this law are subject to
fines or prison sentences of up to two years, depending on the
seriousness of the offense.
Couples and individuals have the right to decide freely and
responsibly the number, spacing, and timing of their children, and to
have the information and means to do so free from discrimination,
coercion, and violence. There was easy access to contraception, and 88
percent of women used some form of contraception according to 2008 data
from the UN Population Fund (UNFPA). There was skilled attendance
during childbirth and essential prenatal and postpartum care; in 2008
the UNFPA, the World Health Organization (WHO), and the UN Children's
Fund estimated the maternal mortality rate to be seven per 100,000
births. Women were diagnosed and treated for sexually transmitted
infections, including HIV, equally with men.
Women have the same legal status as men and enjoy identical rights
under family and property laws and in the judicial system. The LDO was
generally effective in processing and investigating complaints of
gender discrimination. In 2009 the office received 65 complaints and
addressed 510 information requests related to alleged sexual
discrimination. Of the 65 complaints, 21 were processed by year's end.
The LDO issued an official statement in ten of the cases, finding an
illegal practice in eight. As of September, the latest date for which
figures were available, the LDO had received 287 information requests
and 36 complaints, eight of which resulted in a finding of illegal
gender discrimination.
The law provides that women and men engaged in the same activity
shall receive equal wages for work of equal value. According to
Statistics Norway, women received largely the same pay and benefits as
men for equal work but earned on average 85 percent of what men earned
per month. The Government attributed this to differences in the
professions chosen and the predominance of women in part-time or public
sector work.
The law mandates that 40 percent of the boards of directors of
publicly listed companies be women; virtually all public companies
complied with the law.

Children.--Citizenship is derived from one's parents; children born
in the country do not automatically become citizens. All birth clinics
in the country reported childbirths to a central birth register, which
included names, birth certificates, and social security numbers,
including those of the parents.
In 2009 childcare services initiated 30,100 investigations of
alleged abuse, 8.2 percent more than in the previous year and a record
high. Childcare services completed 29,900 investigations in 2009 and
offered intervention or services in approximately half the cases. An
independent children's ombudsman office within the Ministry of
Children, Equality and Social Inclusion (MCESI) is responsible for the
protection of children under the law. The directorate for children,
youth, and family affairs provides assistance and support services.
With five regional offices and 26 professional teams, the directorate
is the Government's principal agency for the welfare and protection of
children and families.
Female genital mutilation (FGM) is illegal. Since 2004 police have
received 15 reports of FGM involving families originally from countries
where the practice is customary. Of these, one report was still under
police investigation, while the others were dropped. None of the cases
involved FGM performed in the country.
In what officials described as an effort to prevent FGM, the
national government initiated a pilot project in 2008 that offered
counseling and voluntary genital examination to all girls and women who
came from areas where, according to the WHO, the incidence of female
genital mutilation was 30 percent or more. According to the Government,
the offer was part of the municipal health examination which qualified
doctors carried out. Counseling and genital examination were offered to
all relevant groups of girls (immigrants and those born in the country
of immigrant parents) before starting school (five to six years old),
in the fifth grade (10-11 years old), and 10th grade (15-16 years old).
The genital examination would only be carried out with valid consent of
the patient, parent, or guardian in compliance with the law. There were
unconfirmed reports that some parents were told that, if they did not
acquiesce to the exam or counseling, they might be referred to the
Department of Child Protective Services. OMOD expressed privacy
concerns on behalf of the targeted girls and reported that parents of
African ancestry felt stigmatized by the project.
Forced marriage and aiding and abetting a forced marriage are
punishable under the law. In the first half of the year, authorities
were advised of 49 forced marriages, a 50 percent increase from 2009.
As of July an NGO hotline also received 71 calls for help in averting
or annulling a forced marriage. During the year the Directorate for
Integration and Diversity assumed responsibility for managing emergency
housing for children fleeing a forced marriage. Two NGOs that
previously managed emergency housing reported that during the year
children fleeing a forced marriage often ended up in shelters for drug
addicts due to slow case processing.
An estimated 10,000 to 18,000 persons were illegally resident in
the country, including an unknown number of children. Children have the
right to basic health services regardless of their residence status and
are entitled to primary and lower secondary education. NGOs expressed
concern that many children without legal residence are not receiving
health services or attending school because they and their families
live in hiding to avoid expulsion. Juss Buss, a student legal aid
organization, reported that case workers at the Labor and Welfare
Administration were unaware illegal residents were entitled to these
rights, leading them to reject some illegal residents' requests for
emergency assistance.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html as well as
country-specific information at http://travel.state.gov/abduction/
country/country--3781.html.

Anti-Semitism.--The Jewish population is relatively small,
consisting of approximately 1,100 persons.
In March a state-owned broadcasting company televised a news
feature, highlighting anecdotal reports of bullying against Jewish
students, particularly by Muslim youth. Four teachers interviewed
anonymously on the news program stated that anti-Semitism had become
acceptable among some students, with some denying the Holocaust openly
in the classroom and claiming Jews were responsible for the 9/11
attacks.
Shortly after the newscast, Oslo's governing mayor invited
representatives from the Jewish community, the Islamic Council, the
Christian Council, the Center for Studies of Holocaust and Religious
Minorities (Holocaust Center), and Oslo's Department of Cultural
Affairs and Education to discuss how to eradicate harassment of
religious minorities. The city's stated goal was to determine the scope
of the problem and to introduce targeted measures. In May the Ministry
of Education inaugurated a working group to analyze ways to counter
racism and anti-Semitism in the country's primary and secondary
schools. The Holocaust Center in Oslo was the secretariat for the
group.
NGO representatives and leaders of the Jewish and Muslim
communities applauded the Government's prompt response to the problem
identified in the March news program. Some expressed concern, however,
that the news feature identified Muslim youth as the main instigators,
noting that the problem was more nuanced. The concern led to a debate
regarding the existence of anti-Semitism and the line between criticism
of Israeli policy and anti-Semitism.
In October one of the country's leading newspapers published on its
front page a painting by a prominent Norwegian artist, under the
headline ``This painting did not get to be hung.'' The painting, which
portrayed a blood-spattered Israeli flag and faceless soldiers over a
pile of skulls and body parts, was one of two works removed a few days
earlier by French authorities from the artist's traveling exhibit at
the French Cultural Center in Damascus. The exhibit had been billed as
an homage to the children of Gaza. In an editorial, the rabbi of the
Oslo Jewish Community wrote that the painting crossed the line from
legitimate anti-Israel criticism to anti-Semitism. The rabbi called on
the Government to distance itself from the messages in the artwork,
which he said could promote hatred and dehumanization of Jews. He also
questioned the newspaper editors' decision to publish the painting,
which he said steps on ``my symbols, my faith, and my cultural
identity,'' without additional context from the Israeli Gaza war that
would show the suffering of both sides in the conflict. The editors
responded that their decision to publish the painting was not anti-
Semitic but was a protest directed at the State of Israel.
A survey conducted during the year in conjunction with the
International Civic and Citizenship Education Study, concluded that the
vast majority of ninth graders in the country had a high level of
awareness about the Holocaust, Nazism, and racism. Ninety-one percent
of the 14- and 15-year-olds surveyed knew that six million Jews were
killed during the Holocaust, while 9 percent did not. The survey
evidenced no discernible pattern of responses among particular ethnic
or religious groups.
The Government continued to support organizations working to combat
racism, discrimination, and anti-Semitism, including organizations such
as the White Buses foundation, which took students from the country to
Auschwitz and other World War II-era concentration camps to educate
them about the Holocaust. In March the country completed a one-year
rotating chairmanship of the International Task Force for Holocaust
Education, Remembrance, and Research.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with disabilities in employment,
education, access to health care, and the provision of other state
services, and the Government effectively enforced these provisions. The
law applies generally to all persons with disabilities without
enumerating specific types of disabilities. It mandates access to
public buildings, information, and communications for persons with
disabilities, and the Government generally enforced this provision in
practice. The MCESI and the State Council on Disability divide the
responsibility to protect the rights of persons with disabilities. The
State Council served as an advisory body for the MCESI, which
coordinated national policy and managed the social benefits system for
persons with disabilities. All educational institutions are required to
have an appointed contact person for disabled students as well as a
plan of action to include this group of students.

National/Racial/Ethnic Minorities.--On January 3, a 63-year-old
immigrant woman died of a heart attack after her family members made
nine emergency calls to the ambulance service. The family subsequently
sued, contending the operators refused to acknowledge the emergency
call due to discrimination. The operators stated they perceived the
caller's language as threatening and thus waited for police to arrive
before entering the building. On September 14, the Bureau for the
Investigation of Police Affairs acquitted the operators of gross
misconduct and breach of the Health Personnel Act, but criticized two
of the operators for their actions. The Board of Health Supervision had
not concluded its investigation of the incident at year's end.
In February the Center against Racism found what it perceived as
evidence of ethnic discrimination following a test of five nightclubs
in Oslo. According to the same NGO, groups of youths who did not appear
to be ethnic Norwegian were rejected in three of five clubs, while
groups of ethnic Norwegian youths in the same lines were admitted
without question. The claim received media attention, and some of the
youth involved started their own initiative to gather a larger sampling
of information. In response, the minister of children, equality and
social inclusion publicly condemned racism in nightclubs, and the LDO
investigated the issue. In October the LDO concluded its investigation,
finding six nightclubs in Oslo had engaged in ethnic discrimination and
recommending the nightclubs lose their liquor license and improve
training. The law provides for the withdrawal of a license to serve
food and beverages for breach of the Antidiscrimination Act. There were
no reports of licenses withdrawn during the year.
Immigrants and their children sometimes had more difficulty finding
employment than equally qualified ethnic Norwegians. There were also
stark differences in the overall unemployment rate. As of May the
unemployment rate among immigrants was 7.3 percent, compared with 2.2
percent among nonimmigrants, according to government statistics.
African immigrants had the highest unemployment rate at 13.5 percent,
followed by immigrants from eastern EU countries at 9.3 percent and
Asians at 8.2 percent.

Indigenous People.--The Sami are Norway's indigenous people; there
are approximately 50,000 Sami living in the northern part of the
country. In addition to participating freely in the national political
process, the country's Sami elect their own parliament, the Samediggi.
The law establishing the Sami parliament stipulates that this 39-seat
consultative group meet regularly to deal with ``all matters, which in
[its] opinion are of special importance to the Sami people.''

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Gay pride marches were
authorized and registered; police provided sufficient protection to
marchers. On June 26, the main march of the year took place peacefully
in Oslo through a neighborhood where gays and lesbians had previously
been harassed.
In August 2009 an unknown assailant attacked two gay men who were
holding hands while walking in a majority Muslim neighborhood of Oslo.
Police were unable to identify a suspect during the year.

Other Societal Violence or Discrimination.--There were no media
reports of societal violence against persons with HIV/AIDS. However, an
NGO reported that persons with HIV/AIDS continued to face
discrimination by some dentists and medical personnel but did not
provide information on specific incidents. An NGO criticized as
insufficiently funded the Government's five-year national HIV strategy
to increase acceptance and knowledge of the disease, both to limit new
infections and to provide persons living with HIV better opportunities
for social inclusion.
Section 7. Worker Rights

a. The Right of Association.--The law allows workers to form and
join independent unions of their choice without previous authorization
or excessive requirements, and workers exercised these rights in
practice. Approximately 53 percent of the workforce belonged to a
union. The law allows unions to conduct their activities without
government interference, and workers exercised this right in practice.
The law provides for the right to strike, except for military
forces and senior civil servants, and workers exercised this right in
practice. However, with the approval of parliament, the Government may
compel arbitration in all industrial sectors under certain
circumstances, such as when a strike threatens the quality of health
care or endangers public safety. The Government invoked compulsory
arbitration during the year to end a two-week hospital strike.

b. The Right to Organize and Bargain Collectively.--All workers,
including government employees and military personnel, have the right
to organize and to bargain collectively, and they exercised this right
in practice. Approximately 50 percent of workers were covered by
collective bargaining agreements.
The law prohibits antiunion discrimination and there were no
reports that it occurred during the year.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and the Government
enforced these provisions in practice. However, there were reports that
persons were trafficked for labor. For further information, see the
Department of State's annual Trafficking in Persons Report at
www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws to protect children from exploitation in the workplace,
and the Government effectively enforced these laws; however, children
were trafficked for forced labor. For further information, see the
Department of State's annual Trafficking in Persons Report at
www.state.gov/g/tip.
Children 13 to 15 years of age may be employed up to 12 hours per
week in light work that does not adversely affect their health,
development, or schooling. Between the ages of 15 and 18, persons not
in school may work up to 40 hours per week, while persons who remain in
school may only work a number of hours that does not adversely affect
their schooling, in fact substantially less than 40 hours. Minimum age
rules were observed in practice and enforced by the NLIA.

e. Acceptable Conditions of Work.--There is no legislated or
specified minimum wage, although in practice there was a minimum wage
in certain sectors. Wages are set in collective bargaining agreements
negotiated by labor unions, employers, and the Government. The
agreements may include minimum wage levels for specific sectors on a
biennial basis. The average daily wage provided a decent standard of
living for a worker and family.
The law limits the normal workweek to 37.5 hours and provides for
25 working days of paid leave per year (31 days for workers over age
60). The law mandates a 28-hour rest period on weekends and holidays.
The law provides for premium pay of 40 percent of salary for overtime
and prohibits compulsory overtime in excess of 10 hours per week.
Although the law provides the same benefits for citizens and foreign or
migrant workers, there were reports, especially in the construction
industry, of foreign workers being underpaid or overworked beyond
legally permissible limits.
The law provides for safe and physically acceptable working
conditions for all employed persons. The NLIA, in consultation with
nongovernment experts, set specific standards. Under the law,
enterprises with 50 or more workers must establish environment
committees composed of management, workers, and health personnel. All
enterprises with 10 or more workers must have safety delegates, who are
elected by the employees. Workers have the right to remove themselves
from situations that endanger their health, but no data was available
on whether they exercised this right in practice. The NLIA effectively
monitored compliance with labor legislation and standards.

__________

POLAND

Poland is a republic with a multiparty democracy and a population
of approximately 38.5 million. The bicameral National Assembly consists
of an upper house, the Senate (Senat), and a lower house (Sejm). The
president, the prime minister, the Council of Ministers, and the Sejm
share executive power. The July special presidential election and the
2007 preterm National Assembly elections were considered free and fair.
Both President Bronislaw Komorowski and Prime Minister Donald Tusk were
members of the ruling Civic Platform party. The prime minister governed
in a coalition with a smaller political party. Security forces reported
to civilian authorities.
Among the country's principal human rights problems were police
misconduct; lengthy pretrial detention resulting from an inefficient
judicial system; laws that restricted free speech, although rarely
enforced; and corruption in the Government and society. Other problems
were discrimination against women in the labor market; sexual
exploitation of children; occasional nonviolent incidents of anti-
Semitism; trafficking in persons; and societal discrimination and
violence against ethnic minorities, gays, and lesbians. Violations of
workers' rights and antiunion discrimination also occurred.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
police shot and killed two persons during the year.
On May 23, police shot and killed a Nigerian market vendor during a
routine document check. The vendor reportedly fled when police
approached, causing them to pursue. After the police caught the man,
bystanders formed a mob and attacked the police, at which time police
fired a shot. According to police, they were unable to administer first
aid to the victim because the mob was still attacking them. Prosecutors
charged 26 persons with assaulting a police officer and resisting
arrest. At year's end, the investigation into whether the police used
excessive force or caused wrongful death was ongoing.
On December 3, an off-duty police officer in Lodz shot a man, who
died of his wounds two days later. According to press accounts, the
officer and a colleague were returning home when two men with a dog
attacked them. Press reports indicated that the police officer drew his
gun to protect himself from the dog, which was attacking him with the
owner's encouragement. During the struggle with the dog's owner, who
tried to grab the weapon, the police officer fired the gun, wounding
the man in the abdomen. Reports indicated that both the off-duty
officers and their attackers may have been inebriated. Both prosecutors
and the internal affairs authorities in the police force initiated
investigations, which were ongoing at year's end.
On February 5, the Warsaw District Court began a new trial of 12
communist-era police officers found guilty in 2007 of firing on
striking coal miners in 1981. Nine persons were killed and 25 others
wounded in the incident at the Wujek coal mine.
A trial begun in 2008 continued against eight communist-era
officials who imposed martial law in 1981, including generals Wojciech
Jaruzelski and Czeslaw Kiszczak. If convicted on charges of violating
the constitution, abuse of power, and leading an organized criminal
group, the defendants could face up to 10 years in prison.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices, and the
Government generally respected these provisions. There were problems,
however, with police misconduct and abuse of prisoners. The criminal
code lacks a clear, legal definition of torture, which is not reported
as a separate crime.
On November 12, an individual filed a complaint with the Warsaw
prosecutor's office claiming police beat him during November 11
Independence Day demonstrations and counterdemonstrations. A second
person, who participated in counterdemonstrations, submitted a
complaint alleging police brutality. Both individuals were among 33
persons arrested by police during the demonstrations. Authorities filed
charges against nine of the 33, including the two individuals who filed
complaints alleging police brutality. Eight were charged with violating
the physical inviolability of police officers and one with using
violence or the threat of violence to prevent a police officer from
performing his/her duties.
On November 5, after a two-year investigation conducted by Gdansk
district prosecutors, the regional court in Kwidzyn began a trial
against six police officers and one civilian employee of the police
station in Prabuty for using excessive force and failure to fulfill
their duties by not reporting the actions of their colleagues. In
November 2009 prosecutors filed charges for offenses that took place in
2008, including beating and subsequently abandoning intoxicated persons
in a forest, as well as beating two teenagers at a police station. If
convicted, the officers could face three to five years' imprisonment.
An internal investigation led to the dismissal of the regional police
commander and deputy commander. The six officers were suspended from
their official duties with half pay.
In 2008 the country's human rights ombudsman issued a formal
statement of concern to the chief of the national police about the
excessive use of force by police, such as beatings that resulted in
injuries and unauthorized arrest in some cases. The ombudsman requested
information on a plan to address the problem; however, as of year's
end, police had not responded.
The law on police misconduct outlines disciplinary actions, which
include reprimands, demotion in rank, and dismissal.
On June 8, a revision of the criminal code took effect that allows
forced chemical castration of convicted pedophiles. Under the law,
courts are to decide whether the offender should undergo such treatment
six months before their expected parole. In the case of the rape of a
person less than 15 years of age or incest, chemical castration would
be obligatory. There were no reports that judges administered this
punishment during the year.

Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards; however,
prison medical staff vacancies and access to specialized treatment
continued to be a problem. The Government permitted monitoring visits
by independent human rights observers.
At year's end there were 80,734 persons in prisons and detention
facilities, according to government statistics. The capacity of these
facilities declined by approximately 2,900 during the year. Occupancy
was approximately 95 percent of capacity.
As of October 31, approximately 2,656 prisoners (3 percent of the
prison population) were women. Women prisoners were held either in
dedicated detention facilities or in separate parts of joint
facilities. While authorities generally separated juveniles from
adults, in exceptional cases the law allows them to share housing in
prisons and detention centers. Authorities usually sent juveniles (17-
to 21-year-olds) accused of serious crimes to pretrial detention.
Pretrial detainees were often held in prisons pending trial but in
separate areas from convicts. Conditions for pretrial detainees were
generally similar to those for prisoners but, on occasion, were worse
due to overcrowding and poorer facilities resulting from court-mandated
restrictions on where a prisoner should be located while awaiting
trial.
Under the country's criminal code, the minimum cell size is three
square meters (32 square feet) per person, but prisoners may occupy
smaller cells for a limited time. At year's end, 49 detainees were in
cells smaller than the legally mandated minimum, according to
government statistics.
In December 2009 a new criminal code provision took effect that
provides mechanisms designed to prevent prison overcrowding, including
deferring sentences if the total number of prisoners would exceed
prison capacity. In an effort to meet occupancy requirements, prison
officials converted many common areas, such as activity rooms and
libraries, into cells.
Prisoners and detainees had reasonable access to visitors and could
participate in religious observance. Authorities permitted prisoners
and detainees to submit complaints to judicial authorities without
censorship and to request investigation of credible allegations of
inhumane conditions. Prisoners exercised this right either directly
with prison officials and the Justice Ministry or indirectly through
local nongovernmental organizations or the human rights ombudsman.
During the year the human rights ombudsman received 7,233
complaints, compared with 7,158 in 2009, mainly regarding abuse by
prison authorities, inadequate living conditions, inadequate medical
care, and violations of mail and visiting rights.
Authorities investigated credible allegations of inhumane
conditions and documented the results of such investigations in a
publicly accessible manner. At the request of the Justice Ministry, the
human rights ombudsman administers the National Preventive Mechanism to
investigate and monitor prison and detention center conditions. The
office of the ombudsman publishes its findings and a summary of the
recommendations it made to relevant authorities in an annual report.
The Government allowed independent monitoring of prison conditions
and detention centers on a regular basis by the human rights ombudsman.
The ombudsman can join proceedings in civil and administrative courts
on behalf of prisoners and detainees, either when they have filed a
complaint or when information otherwise leads to an allegation of
inhumane conditions. During the year the ombudsman visited 80 prison
and detention facilities, including pretrial and juvenile detention
centers, as well as guarded centers for refugees. As of year's end, the
Council of Europe's Committee for the Prevention of Torture had not
released the findings from its fourth periodic visit to the country in
December 2009.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.

Role of the Police and Security Apparatus.--The police force is a
national law enforcement body with regional and municipal units
overseen by the minister of interior. The Internal Security Agency
(Agencja Bezpieczenstwa Wewnetrznego, ABW) has responsibility for
investigating and combating organized crime, terrorist threats, and
proliferation of weapons of mass destruction. The Central
Anticorruption Bureau (Centralne Biuro Antykorupcyjne, CBA) is
responsible for combating governmental, business, and financial
corruption. Both agencies report directly to the prime minister.
Civilian authorities maintained effective control over the security
forces, and the Government had effective mechanisms to investigate and
punish abuse and corruption. There were no reports of impunity
involving the security forces during the year.

Arrest Procedures and Treatment While in Detention.--In most cases
the law requires authorities to obtain a court warrant based on
evidence to make an arrest, and authorities generally complied with the
law in practice.
Lengthy pretrial detention remained a problem that contributed to
overcrowding and deterioration of detention facilities; however,
according to media reports, the number of prosecution motions for
pretrial detention declined during the year. The law allows 48-hour
detention before authorities must file charges and an additional 24
hours for the court to decide whether to order pretrial detention.
Authorities must promptly inform detainees of the charges against them.
There was a functioning bail system, and most detainees were released
on bail. Detainees have the right to counsel; the Government provided
free counsel to the indigent. Defendants and detainees have the right
to consult an attorney at any time.
The law permits authorities to detain persons charged with a crime
for up to three months. Detained persons may appeal the legality of
their arrest. A court may extend pretrial detention every six to 12
months, but the law specifies that the total time in detention may not
exceed two years (in certain complex cases, the court may petition the
Supreme Court for an extension beyond two years); however, in practice
detention frequently extended beyond two years.
As of November 30, according to the Central Prison Authority, there
were 8,945 pretrial detainees, a decrease of 900 in comparison to
November 2009.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice; however, the judiciary remained inefficient
and did not enjoy public confidence.
Military courts, supervised by the minister of justice and the
prosecutor general, have jurisdiction over crimes committed by military
personnel while on duty. Military defendants enjoy the same rights as
civilians.
The court system remained cumbersome, poorly administered, and
inadequately staffed. Although according to the General Prosecutor's
Office, the overall number of prosecutors was large (5,668), but the
number of prosecutors dealing with criminal offenses was inadequate.
Some progress was reported in the computerization of the court system,
but a continuing backlog of cases and the high cost of legal action
deterred many citizens from using the justice system.
On January 4, the Justice Ministry established the country's first
``e-court,'' designed to adjudicate approximately 600,000 routine civil
cases per year.
In 2007 the country implemented a system of ``24-hour courts'' to
expedite trials for minor offenses and petty crimes. Under this system,
the accused must be tried and a decision reached within 72 hours of
arrest. Police and prosecutors have 48 hours to collect evidence and
file a case; courts must issue a decision within 24 hours. On June 8,
in response to criticism of the cost and questions about the
effectiveness of this system, a law took effect that gives accused
persons the option of voluntarily accepting prescribed penalties while
the case is under investigation and allows the state to release accused
offenders on their own recognizance if they agreed to appear in court.
The new law also eliminated the state's obligation to provide a defense
attorney and provides that 24-hour courts may try individuals in
absentia. According to media reports, the 24-hour court procedure was
rarely used.

Trial Procedures.--Defendants must be present during trial; they
enjoy a presumption of innocence. Trials are usually public; however,
the courts reserve the right to close a trial in some circumstances,
including divorce proceedings, cases involving state secrets, and cases
whose content may offend public morality. The law provides for juries,
usually composed of two or three individuals appointed by local
officials. In regional and provincial courts, a panel of one judge and
two lay assessors try cases. Defendants may consult an attorney,
confront and question witnesses, have access to government-held
evidence, and present evidence and witnesses. Prosecutors can grant
witnesses anonymity if they express fear of retribution from
defendants.
After a court issues a verdict, a defendant has seven days to
request a written statement of the judgment; courts must respond within
seven days. A defendant has the right to appeal a verdict within 14
days of the response. A two-level appeal process is available in most
civil and criminal matters.
Individuals continued to file complaints against the Government
with the European Court of Human Rights (ECHR) regarding trial delays,
the right to a fair trial, and the lack of due process.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--In 2009, the most recent
year for which data was available, the ECHR issued 123 judgments that
found at least one violation of the European Convention on Human
Rights. Of that total, 71 judgments found the country violated the
convention's provisions for a fair and expeditious trial. Of these
decisions, 35 involved violations of the right to liberty and security,
including lengthy pretrial detention, 14 related to inhuman or
degrading treatment and ineffective investigations, and 12 involved
respect for private and family life. At the end of 2009, 4,750 cases
involving the country were pending before the court.
The country generally complied with ECHR judgments. In May 2007 the
Government adopted a special action plan to improve the effectiveness
of the implementation of the ECHR judgments. Included in the action
plan were recommendations for changes in legislation (only partially
enacted by year's end), improvement of legal practices, human rights
training, and distribution of information about ECHR judgments to
courts and the National School for Prosecutors and Judges. An
interagency team at the Justice Ministry's Human Rights Department
monitors the implementation of ECHR judgments.
According to the Helsinki Human Rights Foundation, the Government
was most successful in complying with ECHR judgments in cases that
affected a large number of persons and cases of particular legal
importance, specifically cases where systematic or legislative changes
were required. The foundation claimed the Government was less
successful in complying with less prominent, individual cases that
attracted less media attention.

Civil Judicial Procedures and Remedies.--The judiciary system is
generally independent and impartial in civil cases, and there is access
to courts to bring lawsuits seeking damages for or cessation of human
rights violations. The constitution and law provide for the sovereignty
of, and public access to, the courts. However, implementation of court
orders, particularly for payment of damages, remained slow, cumbersome,
and ineffective. Changes to civil procedures placed speed and
efficiency ahead of individual rights, and the limited number of
attorneys made it expensive to exercise the right to legal counsel.
In November 2009 the Justice Ministry created a Human Rights
Department with the primary objective of promoting the human rights
standards throughout the justice system. The department also responds
to identified cases of human rights violations, including overlong
trials, excessive use of pretrial detention, and prison overcrowding.
According to Warsaw-based Helsinki Human Rights Foundation, the
department was particularly successful in promoting knowledge about
ECHR verdicts by translating them into Polish, posting them on the
ministry's Web site, and distributing them to domestic courts.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits most such actions; however, the
Government did not always respect these prohibitions in practice.
The law allows electronic surveillance for crime prevention and
investigation. There was neither independent judicial review of
surveillance activities nor any control over the use of information
obtained by monitoring private communications. A number of government
agencies had access to wiretap information.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press; however, in practice there were
laws that restricted these freedoms. Since the collapse of the
Communist government in 1989, the Government and courts have either
upheld or instituted laws that criminalize defamation by individuals
and the media and limit editorial independence.
Defamation includes publicly insulting, defaming, or libeling
members of parliament, government ministers, or other public officials,
as well as private entities and persons. Defamation, carried out
through the mass media, is punishable by imprisonment of up to one
year. Defamation outside the media is punishable by a fine and
community service. For publicly insulting the president, the maximum
sentence is three years' imprisonment. Maximum penalties are rarely
applied; persons found guilty of defamation generally only faced fines.
On January 5, the Lublin prosecutor's office again discontinued the
case against Sejm deputy Janusz Palikot, who in his Internet blog
referred to the president as a ``runt.'' In September 2009 the Lublin
Regional Court overturned the prosecutor's earlier decision not to
pursue charges against Palikot in response to the president's call for
the charges to be pursued.
The law prohibits hate speech, including dissemination of anti-
Semitic literature and the public promotion of fascist or other
totalitarian systems. On June 8, a revision to the criminal code took
effect, adding public promotion of communist systems to the prohibited
list. On December 14, the Wroclaw District Court gave prison sentences
of from 13 to 18 months to three persons for promoting neofascist ideas
and inciting hatred on the basis of national, ethnic, racial, and
religious differences on their Web sites, RedWatch.info, and
BHPoland.org. The Web sites published names and personal information of
persons from minority groups, human rights NGOs, and local media,
resulting in threats and harassment to at least 385 persons.
The independent media were active and expressed a wide variety of
views.
The National Radio and Television Broadcasting Council, a five-
member body appointed by the National Assembly and the president, is
responsible for protecting freedom of speech and has broad power to
monitor and regulate programming, allocate broadcasting frequencies and
licenses, apportion subscription revenues to public media, and impose
financial penalties on broadcasters. While council members were
required to suspend their membership in political parties and public
associations, critics asserted that the council remained politicized.
The president and the Sejm each select two members, and the Senate
selects one member.
Content restrictions on the media include a law that prohibits the
promotion of activities that are against government policy, morality,
or the common good and requires that all broadcasts ``respect the
religious feelings of the audiences and, in particular, respect the
Christian system of values.'' In practice the Government rarely
enforced this provision, which allows for levying fines on programs
deemed offensive. The press code also places some limits on editorial
independence, for example, by specifying that journalists must verify
quotes and statements with the person who made them before publication.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The law provides
for freedoms of assembly and association, and the Government generally
respected these rights in practice.

c. Freedom of Religion.--For a description of religious freedom,
please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

Protection of Refugees.--The law provides for the granting of
asylum or refugee status, and the Government has established a system
for providing protection to refugees.
The law on protecting aliens permits denial of refugee status based
on safe country of origin or safe country of transit; however, the law
also includes provisions to consider the protection needs of
individuals with exceptional cases.
In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion. During the year the Government granted refugee status to 84
persons compared with 133 persons in 2009. The Government denied
refugee status in 3,967 cases.
Persons granted asylum or refugee status had the right to work, to
receive social assistance and education, and to have access to a state
integration program for 12 months. The program provides participants
with contacts in the local community, assistance with accommodations,
and help with job searches. Refugees received monetary assistance for
living expenses and language training and were registered in the
national health-care system.
According to Amnesty International, asylum seekers and recognized
refugees continued to face difficulties finding jobs and obtaining
health care due in part to poor integration program conditions. Persons
with temporary status also had the right to work, received social
assistance, and participated in the Government's integration programs.
There were occasional reports of problems in the country's 19
refugee detention centers, which were located in the Warsaw, Bialystok,
and Lublin areas and had a capacity of 4,000 persons. Refugees
experienced language and cultural barriers; they had limited access to
higher education. There was discrimination against refugee children by
their peers.
The Government also provided temporary protection to individuals
who may not qualify as refugees and provided it to 439 persons during
the year, compared with 2,458 persons in 2009.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--The June 20 (first round)
and July 4 (second round run-off) special presidential election and the
2007 preterm parliamentary elections were considered free and fair.
Multiple candidates from various political parties freely declared
their candidacy to stand for election and had access to the media.
There were 91 women in the 460-seat Sejm and seven in the 100-seat
Senat. There were five women in the 20-member Council of Ministers. An
additional 24 women held ministerial-level positions. Eleven of the
country's 50 members of the European Parliament were women. In local
government elections held on November 21, women won 24 percent of the
seats in local councils, a 4 percent increase over the previous
election.
On October 27, the UN Human Rights Council published its concluding
observations following its review of the country's sixth periodic
report, in which it noted that the Government should intensify efforts
to achieve equitable representation of women in parliament and at the
highest levels of the Government, judiciary, civil service, police
force, and prison service. The council called on the Government to
ensure that women receive equal pay for work of equal value and
reinstitute the Office of the Government Plenipotentiary for Equality
of Men and Women as an independent body.
There were two minority members in the Sejm (one representing the
German minority in Silesia) and no minorities in the upper house. On
December 14, John Godson was sworn in as the first black member of
parliament. There were no members of minorities in the cabinet. The law
exempts ethnic minority parties from the requirement that they must
receive 5 percent of the vote nationwide to qualify for seats in
individual districts.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not always implement these laws
effectively, and officials sometimes engaged in corrupt practices.
According to World Bank governance indicators for 2008, corruption
was a problem in the country. There was a widespread public perception
of corruption throughout the Government. Citizens continued to believe
that political parties and members of the legislative branch, the
health care system, and the judiciary were the most corrupt.
On December 10, the District Prosecutor's Office in Swidnica
initiated an investigation into ``political'' corruption in connection
with the first and the second round of the local government elections
in Walbrzych. The investigation was based on evidence gathered by the
CBA, which indicated that some voters might have been given money to
vote for particular candidates. On December 2, Senator Roman Ludwiczuk
of the ruling Civic Platform (PO) party resigned his party membership
after admitting to political corruption. On a tape recording released
by the press, Ludwiczuk was heard offering a member of his opponent's
campaign staff a high-ranking local government position in exchange for
resigning his campaign position. On December 3 and 7, three candidates
for mayor of Walbrzych filed a motion to the court to annul the
election results on the grounds of possible corruption.
On September 21, Deputy Prime Minister and Economy Minister
Waldemar Pawlak dismissed the presidents of two state-owned coal mining
companies, Kompania Weglowa and Katowicki Holding Weglowy, after the
Katowice Prosecutor's Office charged them on September 16 with
accepting bribes ranging from 16,000 to 600,000 zloty ($5,400 to
$203,000). As of year's end, the prosecutorial investigation was
ongoing.
The investigation continued of Sylwester Rypinski, the president of
the state-owned Social Insurance Agency and six other employees. They
were arrested in September 2009 by ABW on corruption charges. If
convicted, Rypinski would face up to 10 years' imprisonment.
On August 5, a parliamentary special investigative committee
concluded that prominent representatives of the ruling Civic Platform
party did not conspire with businessmen who were allegedly lobbying for
a revision of a draft law on gambling. The Government's chief
anticorruption official published a separate report on July 29 that
noted irregularities in the drafting of the new law and criticized the
Ministries of Economy, Finance, and Sport for confusing the legislative
process. In October 2009 the national daily Rzeczpospolita published
transcripts that the CBA obtained through wiretaps of conversations
between leading politicians and gambling industry representatives. The
so-called gamble-gate scandal led to a major government reorganization
later that month, in which six ministerial-level officials, including
Sports Minister Miroslaw Drzewiecki, resigned. The chairman of the
ruling party's parliamentary caucus, Zbigniew Chlebowski, also
resigned.
The CBA has broad powers to audit the financial holdings of public
officials and to fight corruption in public procurement. It is also
authorized to conduct searches and secret videotaping, wiretap
telephone conversations, and make arrests.
During the year the CBA continued to examine numerous high-profile
and controversial investigations begun earlier:
The trial of billionaire Henryk Stoklosa continued in the Poznan
District Court. Stoklosa was indicted in 2008 on 21 charges in
connection with a major finance ministry corruption case. Three
ministry officials were also arrested as part of the CBA investigation.
According to the prosecutor, the officials canceled fiscal liabilities
and issued tax exemptions over a 10-year period in exchange for bribes
from organized criminals and businessmen. Stoklosa was also charged
with bribing a Poznan judge. If convicted, he could face up to 10
years' imprisonment.
On October 5, the Warsaw District Court began the trial of Beata
Sawicka, a former member of the parliament, and Miroslaw Wadolowski,
the mayor of Hel, on corruption charges related to a real estate
scandal. The CBA accused Sawicka of corruption for accepting a bribe to
influence a public tender in Hel in the period preceding the 2007
parliamentary elections. In her defense Sawicka said that a CBA officer
seduced and manipulated her into accepting the bribe. A few months
earlier, on April 23, the Warsaw Prosecutor's Office discontinued its
investigation into CBA's involvement in the case, deciding that the CBA
officers had not acted illegally.
On May 24, an appeals court overturned the August 2009 Warsaw
Circuit Court conviction of two persons for attempting to bribe former
agricultural minister and Deputy Prime Minister Andrzej Lepper. The CBA
detained the two in 2007 based on reports that they had connections
with persons in the Agriculture Ministry who could issue favorable
land-use decisions in exchange for a bribe of three million zloty ($1
million). Lepper was subsequently dismissed as minister. The appeals
court ordered a new trial in the case.
The Government continued to take steps to address corruption within
the 100,000-member police force by instituting harsher penalties and
eliminating collection of fines in cash by police officers. Instead, it
became necessary to pay fines at post offices or via electronic fund
transfers. The National Police's Internal Affairs Office investigated
instances of corruption and serious criminal misconduct.
On January 17, a special prosecutor's office in Bialystok concluded
a major corruption investigation of senior officials for malfeasance in
public tenders in 2004. As a result of the investigation, 23 persons,
including several senior employees at national police headquarters,
were indicted in a Warsaw court on charges of abuse of power, failure
to fulfill duties, accepting bribes, and perjury.
The law provides for public access to government information and,
in practice the Government generally provided access to citizens and
noncitizens, including foreign media. By law government refusal of
information requests must be based on exceptional circumstances related
to government secrets, personal privacy, and proprietary business data.
Refusals may be appealed.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
The country's human rights ombudsman presents an annual report to
the Sejm on the state of human rights and civic freedom in the country.
The ombudsman generally had adequate resources, enjoyed the
Government's cooperation, and was considered effective. In 2009 the
human rights ombudsman reported that 65,208 cases were filed with the
office, an increase of 3,686 from 2008.
The office of the ombudsman is independent; however, the ombudsman
is selected by the parliament and, at times in the past, was criticized
by the media for being influenced by party politics.
Both chambers of parliament have committees on human rights and the
rule of law. The committees serve a primarily legislative function and
are composed of representatives from multiple political parties.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status, and the Government generally enforced these
prohibitions.

Women.--Rape, including spousal rape, is illegal and punishable by
up to 12 years in prison. According to national police statistics,
during the first half of the year, there were 885 reported cases of
rape. However, NGOs estimated that the actual number of rapes was much
higher because women often were unwilling to report rape due to social
stigma. During the same period, police forwarded 464 possible rape
cases to prosecutors and 278 to family court (for underage offenders)
for indictment.
Domestic violence against women continued to be a serious problem.
The number of reported cases was attributed to heightened police
awareness, particularly in urban areas, as a result of media campaigns
and NGO efforts. While courts can sentence a person convicted of
domestic violence to a maximum of five years in prison, most
convictions resulted in suspended sentences. The law provides for
restraining orders on spouses to protect against abuse. On August 1, a
revised law on domestic violence took effect that gives prosecutors the
authority to issue restraining orders without requiring a court's
approval, but police did not have the authority to issue immediate
restraining orders at the scene of an incident.
During the year police identified 18,659 domestic violence offenses
compared with 20,505 in 2009. Of the cases identified during the year,
16,463 were forwarded for prosecution, in comparison to 17,999 in 2009.
During the first six months of the year, police reported that officers
conducted 40,497 interventions related to domestic violence. According
to prison authorities, at the end of the third quarter of the year,
5,024 individuals were serving prison sentences for domestic violence
crimes.
According to some women's organizations, the number of women
affected by domestic abuse was underreported, particularly in small
towns and villages. The Women's Rights Center reported that police were
occasionally reluctant to intervene in domestic violence incidents if
the perpetrator was a member of the police or if victims were unwilling
to cooperate.
NGO-operated centers for domestic violence victims provided
counseling for offenders and training for personnel who worked with
victims. The Government also provided victims and families with legal
and psychological assistance and operated 266 crisis centers and 12
shelters for pregnant women and mothers with small children. In
addition 36 specialized centers were operated by local governments and
funded by the Government's National Program for Combating Domestic
Violence. The centers provided social, medical, psychological, and
legal assistance to victims and ``corrective education'' programs for
abusers. In 2009, the last year for which statistics were available,
the Government allocated approximately 12.1 million zloty ($4 million)
for the centers' operating costs. The Government also spent 4.4 million
zloty ($1.5 million) during the year on programs to counteract domestic
violence. They were primarily corrective-education programs for abusers
and training for social workers, police officers, and specialists who
are the first contact for victims of domestic violence.
The Council for Victims of Crime, established in 2009, met
periodically during the year to review proposed policy changes and
legislative initiatives to support victims. On January 14, the Justice
Ministry launched a national public awareness campaign on crime
victims' rights.
The law prohibits sexual harassment. Persons convicted of sexual
harassment may be sentenced to up to three years in prison. The labor
code defines sexual harassment as discriminatory behavior in the
workplace, including physical, verbal, and nonverbal acts, violating an
employee's dignity.
According to the Women's Rights Center, sexual harassment was a
serious and underreported problem. Many victims do not report abuse or
withdraw harassment claims in the course of police investigations out
of shame or fear of losing their job. However, social awareness of the
problem continued to increase due in part to reporting by the media.
During the first six months of the year, police reported 52 cases of
sexual harassment, compared with 58 cases during 2009.
On February 11, a court in Piotrkow Trybunalski convicted two
former members of parliament of extorting sex from female employees.
Former Samoobrona Party member Stanislaw Lyzwinski was sentenced to
five years' imprisonment for rape, repeatedly forcing four women to
have sex, abetting a kidnapping, and extortion. Andrzej Lepper, another
Samoobrona member and former deputy prime minister and agricultural
minister, was sentenced to two years and three months' imprisonment for
extorting sex from a female party worker and using force to obtain sex
from another. Both Lepper and Lyzwinski, who was released from pretrial
detention after two and a half years, were free on bail pending
resolution of their appeals.
On January 27, the Olsztyn court overturned the Olsztyn
Prosecutor's Office December 2009 decision to suspend the investigation
of former Olsztyn mayor Czeslaw Malkowski, who was charged in 2008 with
the sexual harassment of two female employees and the rape of a third
who was pregnant. At year's end, the investigation against Malkowski
continued.
Although the Government generally recognized the basic right of
couples and individuals to decide freely and responsibly the number,
spacing, and timing of their children, some restrictions existed. While
there were no restrictions on the right to obtain contraceptives,
social and economic factors limited their use, according to a local
NGO, the Federation for Women and Family Planning. Prescription
contraceptives were not included on the Government list of subsidized
medicines, which made them cost-prohibitive relative to average
household income. The law does not permit voluntary sterilization.
Health clinics and local health NGOs were permitted to provide
information on family planning, including information about
contraception, under the guidance of the Ministry of Health.
On June 4, UN Special Rapporteur on Health Issues Anand Grover
presented a report to the Human Rights Council summarizing his 2009
visit to the country to assess sexual and reproductive health rights.
Among his findings, he cited serious impediments to women's access to
certain reproductive health services, such as contraception and
prenatal testing. Grover called for providing unbiased sexual education
and better funding for contraceptives.
The Government provided free childbirth services, and there were
sufficient doctors. Women also used nurses and midwives for prenatal
and postnatal care unless the mother or child suffered more serious
health complications. According to statistics compiled by international
organizations, there were approximately six maternal deaths per 100,000
live births in the country in 2008. Men and women received equal access
to diagnosis and treatment for sexually transmitted infections,
including HIV.
The constitution provides for equal rights for men and women in
family law, property law, and in the judicial system; however, in
practice there were few laws to implementing this provision. Women held
lower-level positions and frequently received lower pay than men for
equivalent work, were fired more readily, and were less likely to be
promoted.
On March 18, the European Commission sent a warning to the
Government after its failure to pass national legislation implementing
EU directives against gender discrimination in the workplace. The
warning is the final stage before the commission refers a case to the
European Court of Justice. In a separate May 2009 action, the
commission referred the country to the European Court of Justice for
not codifying EU directives prohibiting gender discrimination in access
to and supply of goods and services. In February 2009 32 NGOs that
promote women's rights complained to the European Commission about a
lack of government action to combat discrimination against women.
On March 5, the independent research company, Wynagrodzenia.pl,
published a survey reporting a large discrepancy in the average
salaries of men and women. The survey found that women's salaries were
on average approximately 30 percent lower than men's salaries in the
insurance, banking, and health professions.
In August 2009 the private Center for Economic Information reported
that the number of women working in senior positions in small- to
medium-sized businesses had doubled over the preceding three years.
Women were on the boards of approximately 70,000 companies,
representing 30 percent of all companies in the country.
In 2008 the prime minister appointed a senior government official
as ``equality minister'' with a mandate to promote equal treatment.
However, some women's rights groups complained that the position was
neither sufficiently resourced nor sufficiently independent from
government influence to fulfill its mandate. Women and lesbian, gay,
bisexual, and transgender (LGBT) groups criticized the incumbent for
making controversial statements about these issues and for not doing
enough to combat discrimination against women as well as LGBT persons.
On January 1, the Ministry of Labor and Social Policy dissolved its
Department of Women, Family, and Antidiscrimination. The department was
responsible for combating gender discrimination, incorporating gender
equality into governmental policy, and monitoring implementation of
government programs to promote gender equality. Many of these functions
were reassigned to the Government's equality minister. The Ministry of
Labor and Social Policy continued to promote gender mainstreaming in
the labor market, including providing support for the Polish Women's
Congress and funding public awareness campaigns.
In its November 2009 report, the UN Committee on Economic, Social,
and Cultural Rights expressed concern that, despite the existence of a
ministerial-level position for equal treatment within the Prime
Minister's Chancellery, discrimination continued against women and
minorities, including ethnic minorities, persons with disabilities, and
LGBT persons.

Children.--Citizenship is acquired by birth if at least one parent
is a citizen regardless of where the birth took place. Children born or
found in the country with parents of unknown origin are also citizens.
The Government has in place a system of universal birth registration,
implemented immediately after birth.
Incidents of child abuse were reported; however, convictions for
abuse were rare. The law prohibits violence against children and
provides for prison sentences ranging from three months to five years.
A government ombudsman for children's rights issued periodic
reports on problems affecting children, such as pedophilia on the
Internet, improving access to public schools for children with
disabilities, and providing better medical care for children with
chronic diseases. The ombudsman's office also operated a 24-hour
hotline for abused children. In 2009, the last year for which
statistics were available, the ombudsman received 14,460 complaints of
infringements of children's rights under the country's laws, an
increase of 3,882 in comparison with 2008. Of that number, 40 percent
related to the right to be brought up in a family, citing factors such
as limitation of parental rights because of a divorce and the need for
better support for foster families; 20 percent to the right to
protection against abuse and exploitation; 11 percent to the right to
education; and 7 percent to the right to adequate social conditions.
In February 2009 the Warsaw-based Helsinki Human Rights Foundation
published a report that asserted that child prostitution was a problem
although its extent was difficult to measure due to a lack of data.
According to the Government and the Nobody's Children Foundation, a
leading NGO dealing with trafficking in children, child sex tourism was
not significant in the country, although trafficking in children for
sexual exploitation remained a problem.
The law prohibits sexual intercourse with minors younger than 15
years of age. The penalty for a conviction of statutory rape ranges
from two to 12 years' imprisonment. Child pornography is also illegal.
The production, possession, storage, or importation of child
pornography is punishable by imprisonment for a period of three months
to 10 years. According to the Ministry of Justice, 742 persons were
convicted in 2008 of sexual intercourse with persons younger than 15
years old, and 26 persons were convicted of pimping with the
involvement of a minor.
During the year police conducted operations against child
pornography and pedophiles that led to the arrest of 473 persons.
However, difficulty in meeting legal evidentiary standards led to few
convictions in these cases.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html as well as
country-specific information at http://travel.state.gov/abduction/
country/country--3781.html.

Anti-Semitism.--The Union of Jewish Communities estimated that the
Jewish population numbered approximately 20,000. There were reports of
occasional, nonviolent anti-Semitic incidents and occasional
desecrations of Jewish cemeteries.
On March 13, vandals defaced the Holocaust memorial in Krakow on
the eve of the commemoration of the 67th anniversary of the liquidation
of the Krakow ghetto. The vandals spray-painted anti-Semitic slogans
and Nazi symbols on the monument. Authorities removed the graffiti
before the beginning of the commemoration ceremony, during which the
archbishop of Krakow, Cardinal Stanislaw Dziwisz, apologized to Jews on
behalf of all Christians for the incident. On August 19, the
prosecution discontinued its investigation into the incident on the
grounds that police had been unable to identify the perpetrators.
On March 18, a Krakow court sentenced three persons to two-and-a-
half years' imprisonment for the December 2009 theft of the ``Arbeit
Macht Frei'' sign that hung above the main entrance to the Nazi death
camp at Auschwitz. The sign was found cut into three pieces and buried
in the woods two days after the theft. Prosecutors charged a Swedish
man, who had ties to a neo-Nazi organization, with orchestrating the
theft. On December 30, the Krakow Court sentenced the man, who was
extradited from Sweden, to two years and eight months imprisonment. The
court sentenced two additional persons, who recruited the three
thieves, to two years and six months, and two years and four months
imprisonment.
On February 23, a Bialystok court convicted five persons of
disseminating anti-Semitic literature and inciting hatred and gave each
a suspended sentence. The case, which began in 2005, was connected to
an ongoing case against Leszek Bubel, a self-proclaimed anti-Semite and
leader of a far-right political party. There were no developments in
the case against Bubel, who was charged in 2008 with posting a video on
a popular Internet site in which he boasted about his anti-Semitism and
urged Jews to leave the country. Bubel has repeatedly claimed he is
unable to stand trial because of failing health. He previously served
six months in jail for inciting racial hostility and defaming Jews.
Unlike in earlier years, there were no reports during the year that
the Catholic nationalist radio station, Radio Maryja, broadcast anti-
Semitic or racist statements by its viewers during call-in shows.
The Government publicly criticized anti-Semitic acts, prosecuted
offenders, and supported tolerance education.
The country has made considerable progress in relations with its
Jewish communities. The Government consistently supported efforts to
promote interfaith dialogue and tolerance, as well as initiatives to
combat anti-Semitism. However, members of marginal populist and
nationalist parties and organizations continued to make some extremist,
intolerant, and anti-Semitic statements.
In March 2009 the Education Ministry, in cooperation with the
Organization for Security and Cooperation in Europe, introduced a
curriculum for middle school students aimed at combating anti-Semitism.
In particular the materials promoted tolerance by addressing problems
of stereotypes and prejudice.
On June 15, the European Commission against Racism and Intolerance
(ECRI) criticized the country for making insufficient progress in
fighting anti-Semitism, noting the lack of comprehensive
antidiscrimination legislation.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--Article 32 of the constitution and the
1997 Charter of Persons with Disabilities prohibit discrimination
against persons with physical, sensory, intellectual, and mental
disabilities in employment, education, access to health care or the
provision of other state services. The Government effectively enforced
these provisions; however, there were reports of some societal
discrimination against persons with disabilities. The Government
restricts the right of persons with certain mental disabilities to vote
or participate in civic affairs.
The law states that buildings should be accessible for persons with
disabilities, and at least three laws require retrofitting of existing
buildings to provide accessibility. Public buildings and transportation
generally were accessible.
The Ministry of Labor and Social Policy is responsible for
disability-related matters. During the year the Government
plenipotentiary for persons with disabilities organized training
sessions for central and local government officials to encourage them
to hire persons with disabilities. The state fund for rehabilitation of
persons with disabilities continued a nationwide campaign encouraging
companies to employ them. The fund granted money to NGOs to organize
media campaigns on the rights of disabled persons.

National/Racial/Ethnic Minorities.--The constitution gives ethnic
and national minorities the right to preserve their own language,
customs, and culture. The law contains several provisions against hate
crimes and incitement to violence based on ethnic origin; however,
government enforcement efforts were sometimes ineffective.
On June 15, ECRI noted the continuation of public racist discourse
and the vulnerable situation of Roma as a continuing source of concern,
along with anti-Semitism (see section 3).
During the year there were isolated incidents of racially motivated
violence and verbal and physical abuse directed at Roma and persons of
African, Asian, or Arab descent. The Ukrainian and Belarusian
minorities also continued to experience petty harassment and
discrimination.
On September 23, the Wroclaw District Court sentenced a man to an
18-month suspended sentence (to include five years' probation), and a
1,000 zloty ($338) fine for racially motivated violence. The man was
convicted of physically and verbally assaulting a Ghanaian in Wroclaw
on January 4.
During the year developments were reported in a number of court
cases stemming from racially motivated assaults in previous years:
On March 18, the Bialystok District Court upheld a lower court's
conviction of two persons for physically and verbally assaulting a
dark-skinned female student of Cuban origin in March 2009. The accused
received six- and nine-months suspended sentences respectively (to
include five years' probation).
The trial continued in Bialystok of four persons charged with
physically and verbally assaulting a dark-skinned French citizen in
April 2009.
On January 10, the Wroclaw Prosecutor's Office indicted two Wroclaw
University students for a racially motivated physical assault on a
Nigerian student in July 2009.
On September 1, the Warsaw Prosecutor's Office discontinued its
investigation into the National-Radical Camp's November 2009 march
through Warsaw, during which demonstrators chanted neo-Nazi and anti-
Semitic slogans and used Nazi gestures. The prosecutor cited an
inability to identify those responsible as the reason for closing the
case.
On December 15, the Wroclaw Appeals Court found six members of the
National Rebirth of Poland and the neopagan association Zadruga not
guilty of promoting fascism and inciting to hatred on racial grounds.
Four individuals had appealed the June 1 ruling of a Wroclaw court,
which sentenced six members of the two organizations to five to seven
months of community service and a 1,000 zloty ($338) fine, to be paid
to Helpful Hand, a local NGO that protects children and youth from
psychological manipulation by cults and gangs. The charges stemmed from
a 2007 demonstration in Wroclaw, during which the organizations'
members shouted and carried banners with racist slogans.
In October 2009 the Opole District Court banned the Brzeg branch of
the National Radical Camp, a neo-Nazi organization, from operating
after determining that its ideology and behavior promoted racial
hatred. This was the first prohibition of a neo-Nazi group. The
decision stemmed from the 2008 conviction of three members of the
National-Radical Camp for making Nazi gestures during the group's
gatherings in 2006 and 2007.
During the year there were displays of racist behavior at sporting
events. The Sports Ministry and the soccer union announced a number of
projects underway to fight racism, including educational and awareness
raising campaigns. In March the Never Again association--an NGO that
combats racism and xenophobia--created a booklet in cooperation with
the Union of European Football Associations and Soccer against Racism
in Europe on combating racism in soccer clubs. In 2008 the human rights
ombudsman sent a letter to the president of the Polish Soccer Union
expressing concern about racist and anti-Semitic incidents at soccer
matches. He suggested assessing penalties and initiating tolerance
programs to educate soccer fans about cultural or racial differences.
On May 8, Rzeszow soccer fans held up a large banner with a Jewish
caricature and anti-Semitic slogan during a match. The banner initially
elicited no reaction from soccer officials or local authorities, but
after intense media scrutiny, prosecutors opened an investigation. On
May 13 and 14, police arrested the six soccer fans who held up the
banner and charged them with the use of violence or threats against
groups of persons based on their national, ethnic, racial, political,
or religious affiliation. In November prosecutors downgraded charges
against two of the six perpetrators to publicly insulting a person
based on their national, ethnic, racial, political, or religious
affiliation. Charges against the other four persons were dropped. In
December the prosecutor general asked the Rzeszow appeals prosecutor to
review the decision to discontinue the investigation.
In August the Krakow Prosecutor's Office discontinued for a second
time its investigation into racist and anti-Semitic incidents during a
2008 soccer match, on the grounds that the perpetrators could not be
identified and the anti-Semitic content was a case of soccer fan
rivalry. The prosecutor had closed his initial investigation for
similar reasons in December 2009, but a Krakow court upheld a request
by a deputy justice minister that it be reopened. During the match,
fans of the Cracovia team allegedly imitated monkey noises and shouted
anti-Semitic slogans when African players came on the field.
Societal discrimination against Roma continued. There were reports
that some local officials discriminated against Roma by not providing
adequate social services. Romani leaders complained of widespread
discrimination in employment, housing, banking, the justice system, the
media, and education. In a November 2009 report, the UN Committee on
Economic, Social, and Cultural Rights expressed concern about continued
widespread discrimination against Roma in the country in such areas as
employment, education, land tenure, access to welfare benefits,
housing, and health care.
On July 30, a large group of persons converged on a housing complex
in Limanowa where a Romani family lived. According to media reports,
the incident was triggered when a dog owned by the family attacked a
pregnant woman on the street nearby. Police turned the group back and
made no arrests. Local government and Roma community representatives
indicated that this particular family was associated with a history of
altercations in the area.
The Roma Association reported that despite government assistance
programs, many Romani children did not attend public school either
because of financial constraints or due to fear that teachers would
encourage assimilation and discourage traditional practices. However,
according to the Ministry of the Interior and Administration, 2,762 of
the 3,297 Romani children between the ages of six and 16 were enrolled
in school in 2009.
The Roma Association stated that inadequacies in Romani children's
education made it impossible for Roma to end their poverty.
Approximately 80 percent of Roma were unemployed. A 2002 national
census recorded approximately 12,700 Roma. According to the Ministry of
Education, the number of segregated classes for Romani children has
been substantially reduced. In 2008 the news daily Dziennik reported
that in six cities with a large Roma population, Romani children were
taught in segregated classes, ostensibly because they did not speak
fluent Polish. The education level in such classes was reportedly lower
than in mainstream classes. Following the reports, the education
minister inspected all district offices with oversight of separate
classes for Roma and ordered that Romani children be fully integrated
with other children.
The Government allocated approximately 10 million zloty ($3.4
million) annually to a special program for Roma. It included
educational and other projects to improve health and living conditions
and reduce unemployment. The program also focused on civic education
and provided grants for university and high school students.
In October 2009 a separate class for Romani children was started in
a Poznan preschool. The idea originated with a local Roma foundation to
improve education for Romani children and to ease their transition to
public schools. Opponents of the project asserted that any type of
segregation of Romani children would be detrimental; however,
proponents claimed that many Romani children did not feel comfortable
attending integrated schools.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The constitution provides all
persons the right to equal treatment and prohibits all forms of
discrimination in the political, social, and economic spheres. There
are no laws that criminalize sexual orientation or behavior.
Organizations representing LGBT persons reported that
discrimination was common in schools, the workplace, hospitals, and
clinics. For example, LGBT persons were sometimes prevented from
donating blood due to the perception that HIV/AIDS is prevalent in the
LGBT community. During the year there were some reports of skinhead
violence and societal discrimination against LGBT persons. There are
several LGBT organizations operating in the country, with a focus on
preventing discrimination against LGBT persons and promoting tolerance.
The EU Fundamental Rights Agency's November report about the rights
of LGBT persons in EU states recognized the country's progress in
improving the situation of LGBT persons. The report also identified
areas for further improvement, including the issuance of certificates
that would allow LGBT persons to register their relationships in other
EU member states and creation of an office to deal with issues
regarding equal treatment on the basis of sexual orientation.
In May 2009 the NGO Campaign against Homophobia reported that the
level of hate speech against persons based on their sexual orientation
was still high.
On May 15, an estimated 500 persons took part in Krakow's sixth
annual March for Tolerance to call for an end to prejudice against gays
and lesbians. The event took place without major incident, due in part
to the presence of more than 200 police officers and city guards. The
All Poland Youth association organized a small counterdemonstration.
Some counterdemonstrators threw eggs at police officers protecting the
marchers.
On July 17, Warsaw hosted the EuroPride parade, an annual event
drawing participants from around Europe to promote LGBT rights.
Approximately 8,000 local and international activists participated in
the parade without serious incident. A group of 300
counterdemonstrators from the National Radical Camp and All Poland
Youth association attempted to interrupt the event by throwing eggs,
bottles, and stones at the participants. Police stopped 236 persons and
arrested nine.

Other Societal Violence or Discrimination.--There were few reports
of discrimination against persons with HIV/AIDS. According to the
Government's AIDS Center, one incident of discrimination was reported
during the first seven months of the year. The case involved
discrimination against a person with HIV/AIDS in the workplace.
On March 10, an administrative court in Gdansk overturned a 2007
decision to dismiss a police officer for being HIV positive. The
judgment followed a November 2009 Constitutional Court ruling that a
1991 Interior Ministry regulation requiring immediate dismissal of an
HIV positive police officer was unconstitutional.
Section 7. Worker Rights

a. The Right of Association.--The law provides that all workers,
including civilian employees of the armed forces, police, and border
guard, have the right to establish and join independent trade unions
without previous authorization or excessive requirements. Foreign and
migrant workers also have the right to unionize.
While many workers exercised this right, in practice many small and
medium-sized firms discriminated against those who attempted to
organize. Newly established small- and medium-sized firms were
generally nonunion, while privatized, formerly state-owned enterprises
frequently continued union activity. Approximately 15 percent of the
workforce belonged to unions.
All workers have the right to strike except those deemed to be in
essential services, such as security forces, the Supreme Chamber of
Audit, police, border guard, and fire brigades. These workers had the
right to protest and seek resolution of their grievances through
mediation and the court system. Cumbersome procedures made it difficult
to meet all of the legal technical requirements for strikes in many
cases.
Labor courts acted slowly in deciding the legality of strikes,
while sanctions against unions for calling illegal strikes and against
employers for provoking them were minimal. Unions alleged that laws
prohibiting retribution against strikers were not enforced consistently
and that the small fines imposed as punishment were ineffective
deterrents to employers.

b. The Right to Organize and Bargain Collectively.--The law allows
unions to conduct their activities without interference; however, in
practice the Government failed to protect this right at small- and
medium-sized companies. The law provides for and protects enterprise-
level collective bargaining over wages and working conditions. A
tripartite commission composed of unions, employers, and government
representatives was the main forum that determined minimum national
wage and benefit increases in areas such as the social services sector.
Approximately 14 percent of the workforce was covered by collective
bargaining agreements.
Key public sector employers could not negotiate with labor without
the extensive involvement of the ministries to which they were
subordinate. The law provides for parties to take group disputes to
formal mediation, then to the Board of Social Arbitration in either the
district court or Supreme Court depending on the number of employers
involved, and, as a last resort, to strike. By law employers are
obligated to notify a district inspection office in the region about a
group dispute in the workplace. During 2009 the State Inspection Office
registered 433 disputes, compared with 5,433 disputes in 2008.
Authorities attributed the sharp reduction to a drop off in the number
of disputes involving teachers, as well as anxiety over job security
during a time of economic instability.
The law prohibits antiunion discrimination; however, labor leaders
reported that employers frequently discriminated against workers who
attempted to organize or join unions, particularly in the private
sector.
In December 2009 a labor court in Pabianice ruled in favor of the
Officina Labor Company in a wrongful termination dispute. A local trade
union claimed that Officina Labor illegally fired representatives of
the newly formed union's board. The company argued that they received
notification of the union's formation after the firings had taken
place. The court ruled that the company was not required to rehire the
employees, but suggested the employees could claim compensation for
discrimination. A related case addressing the termination of the trade
union chairperson was ongoing.
Discrimination typically took the forms of intimidation,
termination of work contracts without notice, and closing the
workplace. The law did not prevent employer harassment of union members
for trade union activity; there were unconfirmed reports that some
employers sanctioned employees who tried to organize unions. Managers
also asked workers in the presence of a notary public to declare
whether they were union members.
There are no special laws or exemptions from regular labor laws in
export processing zones.
In April 2009 a labor court in Ciechanow issued its first ruling in
the case of union employees who claimed they were harassed and
wrongfully terminated from Dong Yang Electronics. The court ordered the
company to rehire one employee and pay compensation for court costs and
one month's salary. Workers claimed company officials intimidated them
during a 2008 strike ballot and then refused to acknowledge the
validity of a second, secret, ballot, in which employees unanimously
approved the strike. Dong Yang subsequently gave a raise to employees
who did not strike and dismissed 200 other employees, including three
unionists, replacing them with fixed-contract workers. There were an
additional 180 cases pending before the court.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that women and children were trafficked to the country for
commercial sexual exploitation and that men and boys were increasingly
trafficked for labor in the agricultural sector. Also see the
Department of State's annual Trafficking in Persons Report at
www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law protects children from exploitation in the workplace, including
forced or compulsory labor, and the Government generally enforced the
law in practice. Also see the Department of State's annual Trafficking
in Persons Report at www.state.gov/g/tip.
The law prohibits the employment of children under the age of 16,
with exceptions in the cultural, artistic, sporting, and advertising
fields when parents or guardians and the local labor inspector give
their permission. Persons between the ages of 16 and 18 may work only
if they have completed middle school, the proposed employment
constitutes vocational training, and the work is not harmful to their
health.
The State Labor Inspectorate reported that increasing numbers of
minors worked, and many employers underpaid them or paid them late.
During the first half of the year, the inspectorate conducted 325
investigations involving 2,222 underage employees (16 to 18 years of
age), compared with 514 inspections involving 2,581 underage employees
during the same period in 2009. Fines totaling 104,750 zloty ($35,513)
were levied in 91 cases.
The majority of the 2,222 employees found to be underage worked in
commercial enterprises, restaurants, and the construction, repair, and
processing industries.

e. Acceptable Conditions of Work.--The national monthly minimum
wage of 1,317 zloty (approximately $444), which took effect in January
did not provide a decent standard of living for a worker and family.
The large size of the informal economy and the low number of government
labor inspectors made enforcement of the minimum wage difficult. A
large percentage of construction workers and seasonal agricultural
laborers from Ukraine and Belarus earned less than the minimum wage.
The law provides for a standard workweek of 40 hours, with an upper
limit of 48 hours including overtime. The law requires premium pay for
overtime hours, but there were reports that this requirement was often
ignored. The law provided for workers to receive at least 11 hours of
uninterrupted rest per day and 35 hours of uninterrupted rest per week.
The law defines strict and extensive minimum conditions to protect
worker health and safety. It empowers the State Labor Inspectorate to
supervise and monitor implementation of worker health and safety laws
and to close workplaces with unsafe conditions. However, the
inspectorate was unable to monitor workplace safety adequately. In 2009
the Government Statistics Office reported less than 90,000 victims of
workplace accidents, a decrease of 17,000 from 2008. The inspectorate
investigated 2,354 accidents in which there were 2,951 injuries,
including 505 workers killed and 969 persons seriously injured.
Employers routinely exceeded standards for exposure to chemicals, dust,
and noise. According to the inspectorate, lack of professional
experience, necessary safety precautions, and organization were the
leading causes of workplace accidents. The majority of accidents occur
in mining, trade, and services.
The law permits workers to remove themselves from dangerous working
conditions without losing their jobs; however, they were unable to do
so in practice without jeopardizing their employment.

__________

PORTUGAL

Portugal , including the Azores and Madeira islands, has a
population of 10.7 million and is a constitutional democracy with a
president, a prime minister, and a parliament elected in multiparty
elections. National parliamentary elections in September 2009 were free
and fair. Security forces reported to civilian authorities.
There were human rights problems in some areas. Police and prison
guards occasionally beat or otherwise abused detainees and prisoners,
incarcerated minors were not held separately from adults, pretrial
detainees were held with convicted criminals, and prison conditions
were poor. Other problems included violence against women and children,
discrimination against women, and trafficking in persons for sexual
exploitation and forced labor.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
according to media reports security forces shot and killed at least
four persons during the year. The Government investigated all cases of
killings by security forces. In one case, a rapper, Nuno ``Snake''
Rodrigues, died during a car chase. After the investigation, the police
officer involved was accused of manslaughter and was awaiting trial at
the end of the year.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were credible reports of excessive use of force by police and of
mistreatment and other forms of abuse of detainees by prison guards.
In March 2009 the Council of Europe's Committee for the Prevention
of Torture (CPT) released a report on the 2008 visit to a number of
prisons and detention centers in the country. During the visit the
delegation received numerous allegations of physical and verbal
mistreatment of detainees by law enforcement officials and expressed
concern over the large number of nonstandard objects (baseball bats, a
plastic pistol, telescopic batons, and cudgels) it found in rooms used
by police for interrogations.
There were credible reports, including in the media, of excessive
use of force by members of the security forces. During the year the
Inspectorate General of Internal Administration (IGAI) investigated
reports of mistreatment and abuse by police and prison guards.
Complaints included physical abuse, threatening use of firearms,
excessive use of force, illegal detention, and abuse of power. The
majority of the complaints were against the Public Security Police
(PSP) and the Republican National Guard (GNR)--314 and 207 complaints,
respectively, in 2009, the most recent year for which statistics were
available. The IGAI investigated each complaint, and punishments for
officers found to have committed abuses ranged from temporary
suspension to prison sentences. During 2009, 562 investigations against
all security forces took place. Types of punishment handed down
included letters of reprimand, temporary suspension of duties, prison
sentences, mandatory retirement with wage cuts, and discharge from the
security forces.

Prison and Detention Center Conditions.--There were reports that
guards mistreated prisoners at some prisons. Other problems included
overcrowding, inadequate facilities, poor health conditions, and
violence among inmates. There were high rates of HIV/AIDS and hepatitis
C in the country's prisons.
In 2009, the latest year for which data are available, there were
56 deaths in the country's prisons. According to the Directorate-
General of Prison Services, 40 were caused by illness and the other 16
by suicide. The majority of deaths due to illness were caused by
infectious diseases associated with drug abuse; approximately 10
percent of the prison population has HIV/AIDS, and more than half of
these (57 percent) are also infected with hepatitis C. A 2008 report by
the office of the Ombudsman for Justice considered the country's prison
death rate generally high compared to European standards.
In its 2009 report the CPT stated it received a number of
allegations of physical mistreatment of prisoners by custodial staff at
the Monsanto high security and Coimbra central prisons, as well as, to
a lesser extent, the Oporto Central Prison. The allegations involved
punches, kicks, and blows with batons to prisoners after they had been
brought under control, in some cases apparently requiring medical
treatment for the prisoner.
According to the Directorate-General of Prison Services, on October
15, there were 11,573 prisoners and detainees in the country's prisons
(94.7 percent men and 5.3 percent women), 95 of whom were youths
between 16 and 18 years old (94 men and one woman). The maximum number
of prisoners facilities can accommodate is 11,921. During the year the
prison system operated at 95.8 percent of capacity. There was a youth
prison in Leiria, but elsewhere in the prison system juveniles were
sometimes held with adults. Pretrial detainees were held with convicted
criminals.
Under the Government's ``open regime'' system, prisoners may earn
the right to work outside of the prison and to see their families on a
regular basis.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. Authorities permitted prisoners and
detainees to submit complaints to judicial authorities without
censorship and to request investigation of credible allegations of
inhumane conditions. Authorities investigated credible allegations of
inhumane conditions and documented the results of such investigations
in a publicly accessible manner. The Government investigated and
monitored prison and detention center conditions.
An ombudsman can serve on behalf of prisoners and detainees to
consider such matters as alternatives to incarceration for nonviolent
offenders to alleviate overcrowding; addressing the status and
circumstances of confinement of juvenile offenders; and improving
pretrial detention, bail, and recordkeeping procedures to provide
assurance that prisoners do not serve beyond the maximum sentence for
the charged offense.
The Government permitted visits by independent human rights
observers, and prisons were visited during the year by university
researchers and news media.
Most of the guidelines and legislative proposals the Government
adopted in 2004 to reform the prison system were not applied in
practice. However, some improvements were made during the year,
including the implementation of a revised plan for the prevention and
control of circulation of drugs, the approval and implementation of an
improved health-care manual, an increase in the number of volunteer
programs, and an increase in professional training courses.
Due to a considerable increase in predicted total costs, the
Government cut back on the five-year prison reform plan adopted in
2008. Only four of the 10 new prisons originally projected will be
built, and two rather than three will be renovated. The goal of the
reform was to increase security, improve detainee conditions,
rationalize financial and human resources, and improve working
conditions of prison staff.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.

Role of the Police and Security Apparatus.--There were
approximately 50,000 law enforcement officials, including police and
prison guards. The Ministries of Internal Administration and Justice
are primarily responsible for internal security. The Ministry of
Internal Administration oversees the GNR, the Foreigners and Borders
Service (SEF), and the PSP. The SEF has jurisdiction over immigration
and border problems. The PSP has jurisdiction in cities, and the GNR
has jurisdiction outside cities. The Judiciary Police are responsible
for criminal investigations and report to the Ministry of Justice.
An independent ombudsman chosen by parliament and the IGAI
investigate complaints of abuse or mistreatment by police. However,
nongovernmental organizations (NGOs) criticized the slow pace of
investigations and the lack of an independent oversight agency to
monitor the IGAI and the Ministry of Internal Administration.

Arrest Procedures and Treatment While in Detention.--The
constitution and law provide detailed guidelines covering all aspects
of arrest and custody, and the authorities generally followed the
guidelines. Persons can be arrested only on a judicial warrant, except
that law enforcement officials and citizens may make warrantless
arrests when there is probable cause that a crime has just been or is
being committed, or that the person to be arrested is an escaped
convict or a suspect who escaped from police custody.
In the country's legal system, the investigating, or examining,
judge is a central figure. Investigating judges direct inquiries into
severe crimes or complex inquiries. As members of the judiciary, they
are independent and outside the domain of the executive branch. They
are separate from the prosecutors of the Public Prosecutors Office, who
are supervised by the Ministry of Justice. Under the law an
investigating judge determines whether an arrested person should be
detained, released on bail, or released outright.
Bail exists, but detainees are not released on their own
recognizance. Depending on the severity of the crime, a detainee's
release may be subject to various legal conditions.
Detainees have the right to legal counsel from the time of arrest,
but police did not always inform detainees of their rights. The
Government assumed legal costs for indigent detainees.
A suspect may not be held for more than 48 hours without appearing
before an investigating judge. Investigative detention for most crimes
is a maximum of four months; if a formal charge is not filed within
that period, the detainee must be released. In cases of serious crimes,
such as murder, armed robbery, terrorism, violent or organized crime,
and of crimes involving more than one suspect, the investigating judge
may decide to hold a suspect in detention while the investigation is
underway for up to 18 months and up to three years in extraordinary
circumstances.
A suspect in investigative detention must be brought to trial
within 14 months of being charged formally. If a suspect is not in
detention, there is no specified deadline for going to trial.
In its 2009 report the CPT noted that few detained persons had an
effective right of access to legal counsel during police custody. While
police registers indicated that detainees were informed of their right
to an attorney, a considerable number of detained persons complained
that, in fact, they had not been informed of their rights. In some
police stations there was a ``striking discrepancy'' between the number
of detainees who were recorded as having been informed of their rights
and the number who actually exercised their rights.
Lengthy pretrial detention remained a problem. As of October 15,
2,289 individuals (20 percent of the prison population) were in
preventive detention, an increase from the previous year. The average
detention time was eight months; approximately 20 percent of preventive
detainees spent more than one year in incarceration. Lengthy pretrial
detention is usually due to lengthy investigations and legal
procedures, judicial inefficiency, or staff shortages. If a detainee is
convicted, pretrial detention counts against a prison sentence. If
found innocent, a detainee has the right to request compensation.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
judicial independence in practice.
Observers, including the media, business corporations, and legal
observers, estimated the backlog of cases awaiting trial to be at least
a year.

Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right
in practice. All defendants are presumed innocent. Jury trials are rare
in criminal cases. When the crime in question is punishable by a prison
sentence whose maximum limit is more than eight years, either the
public prosecutor or the defendant may request a jury trial. Juries
consist of three judges and four public members.
Trials are public. Defendants have the right to be present at their
trial and to consult with an attorney upon arrest, at government
expense if necessary. They can confront and question witnesses against
them, present evidence on their own behalf, and have access to
government-held evidence. Those convicted have the right of appeal. The
law extends these rights to all citizens and foreign residents.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--During the year the
European Court of Human Rights (ECHR) found against the Government in
15 cases. Some cases involved multiple violations of the Government's
obligations under the European Convention on Human Rights. Eight
involved the length of proceedings, six the right to own property, five
the right to effective legal recourse, and two the freedom of
expression. In 2009 the ECHR issued 17 judgments that found at least
one violation by the Government. The judgments found 10 violations
involving protection of property, three violations involving length of
legal proceedings, and two violations each of the right to a fair trial
and freedom of expression. The Government complied with the court's
decisions.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. All persons, both citizens
and foreign residents, have access to a court to bring lawsuits seeking
damages for, or cessation of, a human rights violation. Civil cases do
not have jury trials. There are administrative as well as judicial
remedies for alleged wrongs.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.
Section 2. Respect for Civil Liberties, Including:

Internet Freedom.--There were neither government restrictions on
access to the Internet nor reports that the Government monitored e-mail
or Internet chat rooms. Individuals and groups could engage in the
peaceful expression of views via the Internet, including by e-mail.
According to International Telecommunication Union statistics for 2009,
approximately 48 percent of the country's inhabitants used the
Internet.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedoms of assembly and association, and the
Government generally respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations in
providing protection and assistance to refugees, returning refugees,
asylum seekers, stateless persons, and other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status. The Government has established a
system for providing protection to refugees, and it is active and
accessible.
The Government considers other EU countries to be safe countries of
origin. In accordance with EU law, it returned applicants for asylum to
their country of entry into the EU for adjudication of their requests.
In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion.
In addition to refugees and applicants for political asylum, the
Government also provided temporary protection to individuals who may
not qualify as refugees. The country granted humanitarian protection to
45 persons in 2009 and to 18 persons in the first six months of the
year. In 2009 the country granted asylum to 14 persons and, during the
first six months of 2009, to three persons.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens exercised this right in
practice through periodic, free, and fair elections based on universal
suffrage.

Elections and Political Participation.--In September 2009 the
country held national parliamentary elections that were considered free
and fair. The Office for Democracy and Human Rights of the Organization
for Security and Cooperation in Europe (OSCE) assessed the conduct of
the elections positively but noted that independent candidates were
barred from the contest in contravention of the country's OSCE
commitments and that there were some problems with voters' lists.
Political parties operated without restriction or outside interference.
Madeira last held elections in 2007. The most recent elections in
the Azores were in 2008. Both were considered free and fair.
The law reserves to each gender a minimum of one-third of the
places on electoral lists in national, local, and European
parliamentary elections. There were 68 women in the 230-member
parliament and five women in the 17-seat cabinet. There was one member
of a minority group in the parliament; there were none in the cabinet.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented these laws effectively. There were
no reports of corruption in the executive or legislative branches of
the central government during the year. However, there were media
reports of corruption involving local government officials.
The highest profile corruption cases involved two city mayors,
Valentim Loureiro and Isaltino Morais. In July 2009 Loureiro, the
Social Democratic Party mayor of Gondomar and chairman of the board of
the country's professional soccer league, was given a suspended prison
sentence of three years and two months for corruption and influencing
soccer referees. After Loureiro appealed, the higher court replaced the
sentence with a fine of 30,000 euros ($40,000). In August 2009 Morais
(Independent), the mayor of Oeiras, was sentenced to seven years in
prison for tax evasion, abuse of power, corruption, and money
laundering and was fined 463,000 euros ($620,000). His appeal resulted
in a reduction of the prison sentence to two years, an acquittal of the
charge of abuse of power, and a reduction of the fine to 197,266 euros
($264,336).
Public officials were subject to financial disclosure laws. The
Central Directorate for Combating Corruption, Fraud, and Economic and
Financial Crime is the Government agency responsible for combating
corruption.
The constitution and law provide for public access to government
information, and the Government provided access in practice for
citizens and noncitizens, including foreign media.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were generally cooperative and responsive to their views.
The country has an independent human rights ombudsman appointed by
parliament who is responsible for defending the human rights, freedom,
and legal rights of all citizens. The ombudsman's office operated
independently and with the cooperation of the Government.
The ombudsman had adequate resources and published mandatory annual
reports as well as special reports on such problems as women's rights,
prisons, health, and the rights of children and senior citizens.
The parliament's First Committee for Constitutional Issues, Rights,
Liberties, and Privileges exercises oversight over human rights
problems. It drafts and submits bills and petitions for parliamentary
approval. During the year new laws went into effect in areas including
protection of common-law marriages, enforcement of prison sentences,
and regulation of immigrant workers and minors born in the country to
immigrant parents.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, disability, language, and social status, and the Government
effectively enforced these prohibitions.

Women.--The law makes rape, including spousal rape, illegal, and
the Government generally enforced the law when the victim chose to
press charges and the cases were not settled out of court through
mediation by both parties' lawyers. During 2009, the latest year for
which data is available, 188 cases of rape were reported to the
Association for Victim Support (APAV), a nonprofit organization that
provides confidential and free services nationwide to victims of any
type of crime; 139 of the cases were linked to domestic violence. In
2008, 193 such cases were reported (132 linked to domestic violence).
Violence against women, including domestic violence, continued to
be a problem. Penalties for violence against women range up to 10
years' imprisonment.
During 2009, 15,904 domestic violence crimes were reported to the
APAV, for a total of 6,682 cases; 88 percent of the victims were women.
According to NGOs and media reports, there were 41 deaths related to
domestic violence during the year.
The law provides for criminal penalties in cases of violence by a
spouse, and the judicial system prosecuted persons accused of abusing
women; however, traditional societal attitudes discouraged many abused
women from using the judicial system. According to data from the
Ministry of Justice, in 2008, the last year for which data was
available, 1,157 individuals were convicted of domestic violence
crimes, of a total of 2,430 domestic violence court cases.
The Government encouraged abused women to file complaints with the
appropriate authorities and offered the victim protection against the
abuser. In addition legislation allows third parties to file domestic
violence reports. The Government's Commission for Equality and Women's
Rights operated 14 safe houses for victims of domestic violence and
maintained an around-the-clock telephone service. Safe house services
included food, shelter, and health and legal assistance. The
Government-sponsored Mission Against Domestic Violence conducted an
awareness campaign against domestic violence, trained health
professionals, proposed legislation to improve legal assistance to
victims, increased the number of safe houses for victims of domestic
violence, and signed protocols with local authorities to assist
victims.
Sexual harassment is a crime. Penalties for sexual harassment range
from one to eight years in prison. If perpetrated by a superior in the
workplace, the penalty is up to two years in prison, or more in cases
of aggravated coercion.
The Commission on Equality in the Workplace and in Employment,
composed of representatives of the Government, employers'
organizations, and labor unions, examines, but does not adjudicate,
complaints of sexual harassment. During the year reporting of sexual
harassment rose. In 2007 more than 300 cases of sexual harassment were
reported to the Authority for Labor Conditions (ACT) of the Ministry of
Labor and Social Solidarity; three of these resulted in the dismissal
of the perpetrator.
Couples and individuals have the right to decide freely and
responsibly the number, spacing, and timing of their children, and to
have the information and means to do so free from discrimination,
coercion, and violence. There was easy access to contraception.
According to the UN Population Fund (UNFPA), 67 percent of women used
some kind of contraception. UNFPA statistics stated that skilled
attendants assisted all childbirths in the country in 2009, the last
year for which data is available, and that there were seven maternal
deaths per 100,000 live births in the country in the same year. Women
were diagnosed and treated for sexually transmitted infections,
including HIV, equally with men.
The civil code provides women full legal equality with men;
however, in practice women experienced economic and other forms of
discrimination. According to 2009 National Statistics Institute data,
women made up 47 percent of the working population and were
increasingly represented in business, science, academia, and the
professions, but their average salaries were approximately 23 percent
lower than men's.
The State Secretary for Equality addresses, among other topics,
problems such as economic discrimination and the integration of women
into the mainstream of society.

Children.--Citizenship is derived by birth within the country's
territory and from one's parents.
Child abuse was a problem. The APAV reported 611 crimes against
children under the age of 18 during 2009, the latest year for which
data was available. Approximately 90 percent of the cases involved
domestic violence.
On September 3, a Lisbon court convicted six of seven defendants
charged in a high-profile, child sexual abuse case involving a
pedophilia ring at the state-run Casa Pia children's home. The
convicted defendants were sentenced to prison terms ranging from five
to 18 years. Long-time Casa Pia driver Carlos Silvino, the primary
defendant, was convicted on 126 counts (including sexual abuse,
procuring children for abuse, and pornography), sentenced to 18 years
in prison, and ordered to pay each of his 20 victims 15,000 euros
($20,100). Television personality Carlos Cruz was convicted of three
counts of sexual abuse against two children, sentenced to seven years
in prison, and ordered to pay each of his victims 28,000 euros
($37,500). Former ambassador Jorge Ritto was convicted of three crimes,
was sentenced to more than six years in prison, and was ordered to pay
his one victim 25,000 euros ($33,500). The other three defendants were
convicted of two to four crimes each and sentenced to between five and
seven years in prison. All six of the convicted defendants announced
that they would appeal. The seventh defendant, Gertrudes Nunes, who
allegedly allowed her home to be used for abuse, was acquitted. The
country's longest-ever criminal trial had more than 900 witnesses,
including 32 victims, and lasted more than eight years.
There were reports that Romani parents used minor children for
street begging.
Statutory rape is a crime. Minimum age for legal consensual sex is
16 years of age. Penalties for statutory rape range up to 10 years in
prison. The law prohibits child pornography; penalties range to eight
years in prison.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--The Jewish community in the country was estimated
at 3,000. There were no reports of anti-Semitic acts during the year.
The Government does not collect such statistics, and none was reported
to the ombudsman.
There were no reports of societal abuses or discrimination based on
religious affiliation, belief, or practice.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The constitution and law prohibit
discrimination against persons with physical, sensory, intellectual,
and mental disabilities in employment, education, access to health
care, and the provision of other state services or other areas. The
Government effectively enforced the law. The law also mandates access
to public buildings for persons with disabilities, and the Government
implemented these provisions in practice; however, no such legislation
covers private businesses or other facilities.
The Ministry of Labor and Social Solidarity oversees the National
Bureau for the Rehabilitation and Integration of Persons with
Disabilities, which is responsible for the protection, professional
training, rehabilitation, and social integration of persons with
disabilities, as well as for the enforcement of related legislation.

National/Racial/Ethnic Minorities.--The Government estimated the
Romani population of the country to be between 40,000 and 50,000
persons.
On April 29, the European Committee of Social Rights accepted a
complaint from the European Roma Rights Center (ERRC) which alleged
violations of the European Social Charter by the Government. The ERRC
claimed that the Government's resettlement programs for Roma excluded
persons not included in the original census of informal Romani
encampments, provided inadequate financing of rehousing projects,
failed to be implemented by local authorities, and perpetuated spatial
and social segregation of Roma because resettlement areas were located
on the outskirts of cities, with poor infrastructure, limited or no
access to public services, and often inadequately sized dwellings. In
addition the complaint accused the Government of failing to improve the
``deplorable'' living conditions in informal Romani encampments, which
frequently lacked access to potable water, electricity, sewage removal,
and sanitary facilities. On November 30, the Government submitted its
official response to the case.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--During the year a number of
gay pride parades took place in the country with no reported incidents.
There was no official or societal discrimination based on sexual
orientation in employment, housing, statelessness, or access to
education or health care. On August 4, according to the NGO ILGA-
Portugal, the state secretary for equality called on the Portuguese
Blood Institute to remove questions about sexual orientation from
questionnaires filled out by blood donors.

Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law recognizes workers' right to
form and join independent unions of their choice without previous
authorization or excessive requirements, and workers exercised this
right in practice; members of the armed forces are excluded from this
provision. Approximately 35 percent of the workforce was unionized. The
law allows unions to conduct their activities without interference, and
the Government protected this right in practice.
The law provides for the right to strike, and workers exercised
this right in practice. If a long strike occurs in an essential sector
such as justice, health, energy, or transportation, the Government may
order strikers back to work for a specified period. The Government has
rarely invoked this power. Police may join unions and have recourse
within the legal system, but they may not strike.

b. The Right to Organize and Bargain Collectively.--The
constitution and the labor code recognize and protect the right to
bargain collectively, and these laws were effectively enforced.
Collective bargaining was freely practiced. Collective bargaining
agreements covered approximately 90 percent of the workforce.
The law prohibits antiunion discrimination, and there were few
reports that it occurred.
There are two foreign trade zones in the island autonomous regions
of Madeira and the Azores. There are no special laws or exemptions from
regular labor laws in export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced and compulsory labor, including by children; however, there were
reports that such practices occurred. Women, men, and children were
trafficked for forced labor. Men from Eastern Europe (typically from
Ukraine, Moldova, Russia, and Romania) and African Portuguese speaking
countries were, through fraud, coercion, and debt bondage, subjected to
conditions of forced labor in the farming and construction industries.
Police and NGOs have also reported that family networks brought
approximately 50 to 100 Romani children to the country and forced them
to work as street beggars. Also see the Department of State's annual
Trafficking in Persons Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
Government effectively enforced laws and policies to protect children
from exploitation in the workplace.
The minimum working age is 16 years old. The ACT of the Ministry of
Labor and Social Solidarity registered four cases of child labor during
the first six months of 2009. In recent years there has been a greater
social consciousness of child labor problems, increased awareness
through government campaigns, and a reinforcement of investigations.
However, there were reports that Romani parents used minor children for
street begging.
The Government's principal entity to investigate and respond to
reports of illegal child labor is the ACT. The ACT sponsors and
finances the Integrated Program for Education and Professional
Training, which attempts to return minors who are victims or at risk of
child labor to school. During the year the program worked with 2,500
students, 70 percent of whom were boys; approximately 51 percent of the
students were in the 16- to 17-year age group and 46 percent were in
the 13- to 15-year age group. The Ministry of Labor and Social
Solidarity is responsible for enforcing child labor laws, and generally
did so effectively.

e. Acceptable Conditions of Work.--The minimum wage, which covers
full-time workers, rural workers, and domestic employees who are 18
years of age and older, was 475 euros (approximately $637) per month
and did not provide a decent standard of living for a worker and
family. According to the European Working Conditions Observatory, 10
percent of employed persons were at risk of poverty. However,
widespread rent controls and subsidies on basic food and utilities
raised the standard of living. Most workers received higher wages; in
2008 the Ministry of Labor and Social Solidarity calculated the average
monthly salary of workers, excluding public servants, to be 1,072 euros
(approximately $1,436).
The legal workday may not exceed 10 hours, and the maximum workweek
is 40 hours. There is a maximum of two hours of paid overtime per day
and 200 hours of overtime per year, with a minimum of 12 hours' rest
between workdays. Premium pay for overtime worked on a rest day or
public holiday is 100 percent; overtime performed on a normal working
day is paid at a premium of 50 percent for the first hour and 75
percent for subsequent time worked. The Ministry of Labor and Social
Solidarity effectively monitored compliance through its regional
inspectors.
Employers are legally responsible for accidents at work and are
required by law to carry accident insurance. The ACT develops safety
standards and is responsible for their enforcement. The ACT's
inspectors sufficiently and regularly monitored these standards both
proactively according to regulations and advanced scheduling, and
reactively in response to complaints filed. Inspection findings were
generally effectively enforced. According to the ACT there were 115
deaths from work-related accidents in 2009. Workers injured on the job
rarely initiated lawsuits, as insurance policies covering medical and
compensation costs covered the majority of workers. Workers have the
right to remove themselves from situations that endanger health or
safety without jeopardy to their employment, and authorities
effectively enforced this right.

__________

ROMANIA

Romania is a constitutional democracy with a multiparty,
parliamentary system and a population of approximately 22.2 million.
The bicameral Parliament (Parlament) consists of the Senate (Senat) and
the Chamber of Deputies (Camera Deputatilor); both are elected by
popular vote. The November-December 2009 presidential elections were
judged generally free and fair. Security forces reported to civilian
authorities.
There were reports that police and gendarmes mistreated and
harassed detainees and Roma. Prison conditions remained poor. The
judiciary lacked impartiality and was sometimes subject to political
influence. Property restitution remained extremely slow, and the
Government failed to take effective action to return Greek Catholic
churches confiscated by the former Communist government in 1948. A
restrictive religion law remained in effect. Government corruption
remained a widespread problem. There were continued reports of violence
and discrimination against women as well as child abuse. Occasional
anti-Semitic incidents involving the desecration of religious property
occurred, along with some lightly attended events hosted by extremist
organizations. Persons were trafficked for labor, sexual exploitation,
and forced begging. Government agencies provided inadequate assistance
to persons with disabilities and neglected persons with disabilities
who were institutionalized. Societal discrimination against Roma; gay,
lesbian, bisexual, and transgender persons; and persons with HIV/AIDS,
particularly children, remained problems.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
there were reports that police officers shot and killed at least one
man.
On April 6, a police officer fired his weapon in an attempt to stop
a car with three suspects during an attempted theft in the locality of
Glodeanu Silistea, Buzau County. The suspects did not stop the car and
one of them, a 20-year-old person, was shot and died at a hospital
later the same day. Police, coordinated by a prosecutor, opened an
investigation into the manner in which the officer used his weapon. The
officer was under criminal investigation for murder at the year's end.
In April a court in Galati sentenced a police officer who shot a
28-year-old man, Ciprian Musat, in the village of Oancea, Galati
County, in August 2009 to an eight-year term in prison and ordered the
payment of 37,000 lei (approximately $11,500) to the victim's family.
In November, following separate appeals from the prosecutor's office
and the defendant, the Court of Appeal in Galati increased the jail
term to 10 years and the compensation to 55,000 lei (approximately
$17,000). The case was before the High Court of Cassation and Justice
at year's end.
In September 2009 a Bucharest police officer shot a 31-year-old
man, Sorin Parvu, in Braila, having mistaken him for an individual who
had committed a killing. Parvu died the following day. The Prosecutor's
Office to the Court of Appeal in Galati initiated a criminal
investigation into Parvu's death. In April, Parvu's wife complained to
the Association for the Defense of Human Rights in Romania-Helsinki
Committee (APADOR-CH) about the pace of the investigation. After she
repeatedly requested information about the progress of the
investigation, the Prosecutor's Office informed her on May 12 that the
case had been sent to the Prosecutor's Office to the High Court of
Cassation and Justice. APADOR-CH urged the Prosecutor's Office to speed
up the investigation. In June the Prosecutor's Office to the High Court
of Cassation and Justice started the criminal prosecution of the police
officer for murder.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were reports from nongovernmental organizations (NGOs) and the
media that police mistreated and abused detainees and Roma, primarily
through excessive force and beatings. There were also reports that some
personnel in state institutions mistreated abandoned children with
physical disabilities and subjected children in state orphanages to
lengthy incarceration as punishment for misbehavior (see section 6,
Persons with Disabilities).
Pretrial detainees complained to human rights NGOs that police beat
them during pretrial investigations.
There were no developments in the alleged beating of Emil Baboi by
police in January 2009, or in the July 2009 case the use of tear gas by
police following a raid in a Romani neighborhood in Piatra Neamt.
There were no developments in the 2008 cases in which police
allegedly beat an individual in Campulung Muscel, a group of Roma in
Satu Mare, and an individual in Bucharest.

Prison and Detention Center Conditions.--Prison conditions remained
harsh and at times did not meet international standards. The Government
permitted monitoring visits by independent human rights observers, and
such visits occurred during the year. During the year authorities
improved conditions in some prisons.
As of December 28, according to the National Administration of
Penitentiaries of the Ministry of Justice, there were 28,218 persons,
including 463 minors, in prison or juvenile detention facilities in a
system with a stated capacity of 34,896 beds. Although, according to
the official figures, overcrowding did not represent a serious problem
overall, there were prisons where the standard of 43 square feet per
prisoner recommended by the Council of Europe's Committee for the
Prevention of Torture (CPT) was not observed.
The media and human rights organizations reported that the abuse of
prisoners by authorities and other prisoners continued to be a problem.
According to media and NGO reports, prisoners frequently assaulted and
abused their fellow inmates, and prison authorities tried to cover up
such incidents. During the year the media reported that one prisoner,
Constantin Sandu, died on June 4 in Galati penitentiary after being
restrained by the prison guards. An internal investigation by the
National Administration of Penitentiaries revealed that 16 members of
the prison staff had treated prisoners poorly and that those in higher
positions tolerated their subordinates' abuse of office. On August 5,
two prison guards who allegedly beat the prisoner were arrested for
manslaughter. Their superior, who did not report the incident, was
arrested for complicity.
According to human rights NGOs, there was some progress with regard
to the implementation of the four detention regimes: closed,
semiclosed, semiopen, and open. Prisoners assigned to semiopen and open
regimes reportedly began to benefit from placement in the type of
prison appropriate to their sentence. However, APADOR-CH criticized the
placement of some prisoners in prisons far from their hometowns because
prisoners were not allowed to receive packages by mail.
Other NGOs stated that detention conditions did not improve during
the year, a situation that prison authorities attributed to a shortage
of funds.
The Government continued efforts, including through partnerships
with NGOs, to alleviate harsh conditions; to improve the condition of
detention rooms; to provide more daily activities, training courses,
and educational programs to prisoners; and to deter the spread of HIV
and tuberculosis.
In September 2009 the country's representative in the World Health
Organization declared that the tuberculosis control program was
successfully implemented in penitentiaries and that the proportion of
prisoners suffering from tuberculosis had fallen to 2 percent.
In 2009 APADOR-CH reported that prison meals did not provide the
minimum necessary calories, that water at some prisons was unsuitable
for drinking, and that the kitchens in many facilities were infested
with mold. In addition, according to APADOR-CH, the practice of
labeling certain prisoners as ``dangerous'' remained a problem in the
absence of clear standards for such classification. Prisoners labeled
dangerous were subjected to a variety of restrictions beyond those
experienced by the general prison population and had no right to appeal
that determination. NGOs also criticized the practice of subjecting
prisoners to multiple punishments for a single act of misbehavior.
APADOR-CH continued to criticize the conditions in police detention
facilities, noting poor sanitation conditions, the lack of health care
and medication, the presence of surveillance equipment in detention
rooms, the lack of natural light, and the absence of activities for
those detained. Some prisons did not provide for the confidentiality of
discussions between prisoners or detainees and their lawyers in person
or via telephone.
The Government permitted prison visits by human rights observers,
foreign government officials, and media representatives, and such
visits took place during the year. A CPT delegation carried out a
periodic visit to the country on September 5-16. The report of the
delegation's visit was not released as of year's end. However, in
October the CPT sent the Government a document stating that in general
detention conditions met CPT requirements and that the detainees'
rights were respected. There were allegations of mistreatment in some
prisons, and some prisoners complained about restrictions of the right
to visits and about violence among detainees. Following the CPT
delegation's visit, according to the Ministry of Justice, the National
Administration of Penitentiaries took measures to improve the poor
conditions in the juvenile detention unit at Rahova Prison. It moved
the minors to other prisons and performed extensive repair work during
the last two months of the year.
The regulations allow all religious groups unrestricted access to
prisoners.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
respected these prohibitions.

Role of the Police and Security Apparatus.--The Ministry of the
Administration and Interior is responsible for the national police, the
gendarmerie, the border police, the Office for Immigration, the General
Directorate of Information and Internal Protection (which oversees the
collection of intelligence on organized crime and corruption), and the
General Anticorruption Directorate. The national police agency is the
Inspectorate General of Police, which is divided into specialized
directorates and has 42 regional directorates for the counties and the
city of Bucharest. The internal intelligence service also collects
information on major organized crime, major economic crimes, and
corruption.
While police usually followed the law and internal procedures,
police impunity remained a problem. Complaints of police misconduct
were handled by the internal disciplinary councils of the units where
the reported officers worked.
Police reform continued during the year, and the police increased
the hiring of women and minorities. According to police statistics, at
the end of the year 12 percent of the 54,786-person police force were
women and 1.2 percent, including 104 Roma, represented members of
ethnic minorities. A project to promote equal opportunities for
national minorities for a career in the police structures was
implemented in Cluj during the year. Police also used Romani mediators
to facilitate communication between Roma and the authorities and to
assist in crises. A handbook, Police and Roma/Sinti Population: Good
Practices in Building Trust and Understanding, was published during the
year as a tool for the implementation of the Action Plan for Roma and
Sinti of the Organization for Security and Cooperation in Europe
(OSCE).

Arrest Procedures and Treatment While in Detention.--The law
provides that only judges may issue detention and search warrants, and
the Government mostly respected this provision in practice. The law
requires authorities to inform detainees at the time of arrest of the
charges against them and their legal rights. Police must notify
detainees of their rights in a language they understand before
obtaining a statement. Detainees must be brought before a court within
24 hours of arrest. The law provides for pretrial release at the
discretion of the court. A bail system also exists; however, it was
seldom used in practice. Every detainee has the right to counsel and in
most cases had prompt access to a lawyer of their choice. Indigent
detainees were provided legal counsel at public expense. Under proper
procedure, the police officer should inform the detainee upon detention
or arrest that he has the right not to declare anything before a lawyer
is present. The same police officer contacts the detainee's lawyer or
the local bar association to arrange for a lawyer. The detainee meets
with the lawyer before the first interview, and they have the right to
discuss in private. The lawyer is present during the interview or
interrogation. Detainees also had prompt access to their families.
The law allows police to take any person who endangers the public,
other persons, or the social order to a police station. There were
allegations that police often used this provision to hold persons for
up to 24 hours. Since the person was not formally detained or arrested,
the right to counsel was not observed. APADOR-CH criticized this
provision, stating that it leaves room for abuse. Human rights NGOs
complained that the authorities were frequently able to listen to
discussions between detainees and their attorneys in police detention
facilities.
A judge may order pretrial detention for periods of up to 30 days,
depending upon the status of the case. The court may extend these time
periods; however, pretrial detention may not exceed 180 days. Courts
and prosecutors may be held liable for unjustifiable, illegal, or
abusive measures.
In October police signed protocols of cooperation with five human
rights NGOs that will have access to detention facilities and will be
entitled to have confidential discussions with detainees.

Amnesty.--During the year President Basescu pardoned one 26-year-
old woman on humanitarian grounds.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government technically respected
judicial independence in practice. However, the judiciary lacked the
public's trust that judges were accountable and did not serve political
or financial interests. There was a widespread public perception that
the judiciary was corrupt, slow, and often unfair.
The court of original jurisdiction in a case is determined by the
nature of the offense and by the position a defendant may hold in
public service. According to a report by the European Commission
released in July, the country ``did not show sufficient political
commitment to support and provide direction to the reform process and
demonstrated a degree of unwillingness within the leadership of the
judiciary to cooperate and take responsibility.'' The report also
stated that ``only limited progress has been achieved since the
Commission's last report in terms of improving the efficiency of the
judicial process and the consistency of judicial decisions.'' The
report noted there was some progress during the year, such as the
adoption of civil and criminal procedure codes as well as a multiyear
strategy for reforming the judiciary.
NGOs and public officials frequently criticized the judicial system
during the year. The judiciary's oversight body, the Superior Council
of Magistrates (CSM), failed to create procedures for addressing
potential conflicts of interest among its members. It also failed to
identify and discipline misconduct consistently--a significant part of
its mandate. The CSM's practice of assigning magistrates to nonjudicial
positions within the judiciary and appointing them to various
government agencies also contributed to depleting the already
understaffed courts and prosecutors' offices. The return by the High
Court of Cassation and Justice of case files to prosecutors for
additional investigation contributed to frequent delays in court
procedures and increased the chances of political interference in the
judicial process. Observers also expressed concern over a lack of
judicial impartiality, noting that some members of the parliament
continued to practice as defense attorneys, mostly through their law
firm associates. In December the Senate validated the election of 11
members to the CSM. Four of the 11 members were reelected even though
the law prohibits reelection, and two members (representing civil
society) were deemed to have conflicts of interest. The Senate's action
was challenged in the Constitutional Court.

Trial Procedures.--The constitution and the law provide a
presumption of innocence until a final judgment by a court. Trials are
open to the public. The law does not provide for trial by jury.
Defendants have the right to be present at trial. The law provides for
the right to counsel and to consult with the attorney in a timely
manner. The law requires that the Government provide an attorney to
juveniles in criminal cases; in practice local bar associations
provided attorneys to indigents and were compensated by the Ministry of
Justice. Defendants may confront or question witnesses against them,
present witnesses and evidence on their behalf, and have a court-
appointed interpreter. Defendants and their attorneys have access to
government-held evidence relevant to their cases. Both prosecutors and
defendants have a right of appeal.
The law provides that civilian prosecutors should investigate
crimes by national police and prison employees. Military prosecutors
continued to try cases involving military personnel. Civilian
prosecutors try other cases involving ``state security'' but not
military personnel; military courts may not try civilians according to
the law. Crimes by the gendarmerie continued to fall under military
jurisdiction. In previous years local and international human rights
groups criticized the handling of cases by military courts, claiming
that military prosecutors' investigations were unnecessarily lengthy,
biased, and often inconclusive. Some lawyers claimed that these
investigations only served to discredit the reputations of their
clients rather than hold them accountable for any actual wrongdoing.
In October the parliament adopted a law to accelerate judicial
procedures.
The law extends the rights to a fair trial to all citizens.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--During the year the
European Court of Human Rights (ECHR) issued 136 judgments that found a
government violation of one or more rights under the European
Convention for the Protection of Human Rights and Fundamental Freedoms.
Of these, 72 judgments referred to the right to a fair trial; 61 to the
right to property; 21 to the right not to be subjected to torture,
inhuman or degrading treatment (16 of them referred to inadequate
prison conditions); and 15 judgments involved the right to freedom and
safety. The judgments ordered the Government to pay plaintiffs a total
of approximately 3.6 million euros ($4.8 million).
On January 12, the ECHR ruled that a Greek Catholic parish in
Sambata (Bihor County) had suffered discrimination on religious grounds
and ordered the Government to pay 15,000 euros ($20,100) in
compensation. The ECHR ruled that the parish had not enjoyed effective
access to a court because of its affiliation with the Greek Catholic
Church.
On October 12, the ECHR ruled on the first case against the
Government regarding property restitution. The ECHR ruled that the
country's property restitution system violated two articles of the
European Convention on Human Rights. The ruling suspended all similar
Romanian cases before the ECHR during the year and required the
Government to take measures to remedy the restitution problem within 18
months, i.e., to establish an effective mechanism of restitution and
compensation. The ruling did not identify consequences if the
Government failed to fix the problem.
During the year the ECHR issued judgments against the Government in
three cases involving freedom of the press (see Section 2.a.).

Civil Judicial Procedures and Remedies.--Civil courts functioned in
every jurisdiction and operated with the same degree of judicial
independence as criminal courts. Administrative and judicial remedies
were available for violations of human rights by government agencies.
Litigants sometimes encountered difficulties enforcing civil
verdicts because the procedures for enforcement of judgment orders were
impractical and caused delays.

Property Restitution.--Under the law claims for property seized by
the Communist-era government had to be filed with the National
Restitution Agency in 2001-2003. Of the 202, 267 claims filed for
restitution of buildings, 120,739 were resolved by the end of the year.
Of the resolved claims, 44,066 claims were rejected; 51,114 claims
qualified for restitution with equivalent property; 5,455 claims were
resolved by restitution in kind and compensation; 277 claims qualified
for combined measures (i.e., restitution in kind plus compensation with
other assets); 973 claims qualified for allocation of other assets and
compensation; 1,848 claims qualified for compensation with other assets
or services; and 17,006 claims were resolved by return of the
properties in kind. A February 2009 amendment to the nationalized
houses law bars the restitution in kind of houses that were bought by
tenants in good faith. Under the law rightful owners would receive only
compensation for their property.
On December 3, the prime minister set up an interministerial
committee tasked with simplifying the restitution process and making it
more effective. This followed an ECHR judgment in October in a case
against the country (see Section 1.e., Regional Human Rights Court
Decisions).
Organizations representing former owners continued to assert that
inertia at the local level hindered property restitution. In many cases
local government officials continued to delay or to refuse to provide
necessary documents to former owners filing claims. They also refused
to return properties in which county or municipal governments had an
interest.
In June the Government enacted an emergency ordinance, which
suspended cash payments to claimants for two years. Recipients were
still able to receive stock in a property fund.
There were numerous disputes over many churches that the Orthodox
Church did not return to the Greek Catholic Church despite court orders
to do so.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions, and the
Government for the most part respected these prohibitions in practice.
Nevertheless, there was a widespread perception that illegal
surveillance still occurred, and there were credible media reports that
authorities engaged in electronic eavesdropping in circumstances that
violated these prohibitions.
The law permits the use of electronic eavesdropping both in
criminal cases and for national security purposes, but the
investigating prosecutor must first obtain a warrant from a judge. In
exceptional circumstances, when delays in getting the warrant would
seriously affect a criminal investigation, prosecutors may begin
interception without a judicial warrant. However, they must submit a
request for retroactive authorization within 48 hours. Under the
national security law, a prosecutor may authorize the issuance of a
warrant for an initial period of six months, which can be extended
indefinitely in three-month increments without judicial approval. Some
human rights NGOs noted the contradictions between the two sets of laws
in the requirement to obtain judicial approval for wiretaps.
The lawsuit filed by businessman Dinu Patriciu against the Romanian
Intelligence Service (SRI) for illegally tapping his telephones
continued. On November 4, the Constitutional Court rejected the claim
of unconstitutionality filed by the High Court of Cassation and Justice
on March 26 while it was hearing the SRI's appeal regarding three
articles of the law on the protection of classified information.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press, and the Government generally
respected these rights in practice. Journalists and private citizens
could criticize government authorities, including those at senior
levels. There were isolated instances when authorities intimidated or
censored the press or verbally attacked journalists.
Laws restricting freedom of speech continued to cause concern among
the media and NGOs. Insulting the state insignia (the coat of arms,
national flag, or national anthem) is an offense punishable by
imprisonment. The religion law includes a provision that forbids acts
of ``religious defamation'' and ``public offense to religious
symbols.'' The law also prohibits public denial of the Holocaust. There
were no prosecutions or convictions under any of these statutes during
the year.
The independent media were active and expressed a wide variety of
views without overt restriction. However, politicians and others with
close ties to various politicians and political groups either owned or
indirectly controlled numerous media outlets outside of the capital,
and the news and editorial tone of these outlets frequently reflected
the views of the owners. The tendency towards the concentration of
national news outlets in the hands of a few wealthy individuals
continued.
During the year there were a number of instances when public
officials and politicians insulted or harassed journalists.
On March 10, Romanian EU parliamentarian George Becali made vulgar
comments about Cornelia Popescu of the online newspaper ZIUA Veche.
Popescu had asked Becali about statements he had made to the press
about his financial assets that contradicted the declaration of assets
Becali had submitted to the European Parliament. Becali or his
bodyguards reportedly made insulting or threatening statements to
journalists on other occasions.
In April an unknown group made death threats to journalist Catalin
Docea of Ziarul Vaii Jiului after Docea conducted several
investigations into connections between police, local administration,
and members of criminal organizations. Docea provided evidence to
prosecutors about the threats, but at year's end no one had been
charged. On December 13, Docea wrote in an article that the police had
not conducted any investigation based on the threat evidence he
submitted.
In May the Convention of Media Organizations protested as an
infringement on the freedom of expression and a violation of ECHR
jurisprudence a court decision that forced newspaper Evenimentul Zilei
and three other national newspapers to print a nine-page court ruling
in their pages. The ruling referred to two articles printed in 2005 in
which Evenimentul Zilei criticized a journalist's practices as
unprofessional.
During the year the ECHR found violations by the country of freedom
of expression as provided under the European Convention on Human Rights
in three cases. By the end of the year the Government paid compensation
to the plaintiffs in two of the cases; the status of the third was
unknown.
In March the ECHR ruled that the Government should compensate
journalist Dan Florian Papaianopol in the amount of 7,213 euros
($9,665) for a violation of his freedom of speech. In 2000 a domestic
court sentenced Papaianopol to pay compensation to a school director
who was the subject of an article he authored in the Scoala Romaneasca
magazine.
Also in March the ECHR overturned a domestic court ruling involving
photojournalist Andrei Antica of Romania Libera. In January 1999 that
newspaper published an article implicating several politicians and
senior officials in the bankruptcy of an American company to which the
Government had made financial contributions. A local court ordered
Antica to pay damages to a businessman related to the case. The ECHR
stated in its decision that Antica's right to freedom of expression had
been violated because the disputed article concerned a subject of
general interest.
In June the ECHR ruled that the Government should pay 10,000 euros
($13,400) to writer, journalist, and NGO activist Gabriel Andreescu. In
2001 Andreescu spoke at a news conference about the connections between
the Communist-era secret police, known as the Securitate, and Andrei
Plesu, a member of a government team investigating the Securitate files
after the fall of Communism. Plesu filed a complaint in a domestic
court, which forced Andreescu to pay damages to Plesu. In its decision
the ECHR stated that Andreescu, who writes for 22 magazine, did not
have a fair trial and that his right to freedom of expression had been
violated.

Internet Freedom.--There were no reported government restrictions
on access to the Internet or substantiated reports that the Government
monitored e-mail or Internet chat rooms. Individuals and groups could
engage in the peaceful expression of views via the Internet, including
by e-mail.
The Internet was widely available in the country, and costs
decreased due to competition. Internet cafes were widely available
nationwide. According to International Telecommunication Union
statistics for 2009, approximately 37 percent of the country's
inhabitants used the Internet.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events; however, there
were reports that a few local officials interfered with these
activities.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and the law provide for freedom of
assembly, and the Government generally respected this right in
practice. The law provides that unarmed citizens may assemble
peacefully but also stipulates that meetings must not interfere with
other economic or social activities and may not be held near such
locations as hospitals, airports, or military installations. Organizers
of public assemblies must request permits in writing three days in
advance from the mayor's office of the locality where the gathering
would occur. The permits were generally approved. Delays or changes of
location of the assembly sometimes occurred. Whether the reasons for
these delays or changes were political was often impossible to
determine.

Freedom of Association.--The constitution and the law provide for
freedom of association, and the Government generally respected this
right in practice. However, the law prohibits fascist, communist,
racist, or xenophobic ideologies, organizations, and symbols (such as
statues of war criminals on public land). Political parties are
required to have at least 25,000 members to have legal status, a number
some NGOs criticized as excessively high.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

Protection of Refugees.--The law provides for the granting of
asylum or refugee status, and the Government has established a system
for providing protection to refugees. The law on asylum, based on EU
legislation, prohibits the expulsion, extradition, or forced return of
any asylum-seeker at the country's border or from within the country's
territory but does not extend these protections to aliens and stateless
persons who planned, facilitated, or participated in terrorist
activities as defined by international instruments to which the country
is a party.
The law provides for the concept of safe countries of origin, and
aliens coming from such countries have their asylum applications
processed in an accelerated procedure. EU member states are considered
safe countries of origin as are other countries specified by an order
of the Minister of Administration and Interior at the proposal of the
National Office for Refugees. Criteria defining safe countries of
origin are the number of asylum applicants granted protection;
observance of human rights; observance of democratic principles,
political pluralism, and free elections; and the existence of
operational democratic institutions to monitor human rights.
The Government's Emergency Transit Center in the city of Timisoara
received refugees while they awaited processing and final transit to a
receiving country. During the year 139 refugees arrived at the center
and 290 departed (many of them arrivals from 2009). According to the
UNHCR, conditions fully met international standards.
In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened based on their race, religion, nationality,
membership in a particular social group or political opinion. There
were still concerns that the law does not give rejected applicants
enough time to prepare appeals and pursue them through the courts.
During the year the Government started to implement several
programs for refugees, such as an EU-funded effort to strengthen the
capacity of authorities to manage issues related to asylum, and a
project sponsored by the UNHCR and the European Refugee Fund to improve
the quality of the asylum system.
The UNHCR's ``quality initiative'' program, begun in 2008 and aimed
at improving the quality of the country's decision-making on asylum
matters, continued during the year. While conditions have improved
somewhat from prior years, asylum seekers still faced difficulties with
access to specialized health care, partially because of the lack of
interpreters. Social assistance in reception centers, including spare-
time activities, was not always sufficient; and some asylum seekers
felt they did not receive enough information or legal assistance.
In 2009 the Romanian National Council for Refugees (CNRR) began to
implement a project funded by the European Refugee Fund to improve the
quality of counseling, legal assistance and interpreting services for
asylum applicants. The CNRR employed and trained legal advisers in
regional centers, provided additional interpreters, revised
informational materials for asylum seekers, and translated the
information into 14 languages to make the leaflets more accessible.
The Government implemented an EU directive that provides for
``subsidiary protection,'' or protection to persons who do not qualify
as refugees but are nevertheless granted protection because they cannot
return to their countries for fear of serious risks to their lives.
Under the law refugees and those granted subsidiary protection enjoy
access to employment, basic services, education, the courts and police
protection equal to that of citizens. However, the law requires those
receiving subsidiary protection to wait for a longer period of time
than refugees to acquire citizenship, a provision viewed as
discriminatory by the former. The Government may also extend
``temporary protection'' to persons arriving from conflict areas.
Finally, the law provides for the status of a ``tolerated person,'' an
alien who no longer has the right to stay in the country but cannot
leave for ``objective reasons'' such as unclear nationality or the lack
of flight connections. Tolerated persons have no social or economic
rights. The Government also has a voluntary repatriation program for
refugees and rejected asylum seekers.
According to the Immigration Office, by the end of November 830
foreigners applied for asylum. Of these, 81 received refugee status and
25 subsidiary protection. During the same period, 61 foreigners
received ``tolerated person'' status and 443 foreigners were taken into
public custody. There were no cases of temporary protection being
extended during the year to individuals who may not qualify as
refugees.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections held on the basis of universal
suffrage.

Elections and Political Participation.--In November and December
2009 the country held national elections for president. Despite
irregularities, including numerous allegations of vote buying and of
multiple voting, the elections were judged free and fair. The OSCE
report on the November election found it to be ``generally conducted in
conformity with OSCE commitments and international standards for
democratic elections, as well as with national law.'' These
irregularities did not appear to favor one political party over
another. In the second round, incumbent Traian Basescu won the election
with 50.3 percent of votes cast.
Parliamentary elections, last held in 2008, are based on a complex
single-representative-district voting system for both the Senate and
the Chamber of Deputies. The media, NGOs, and government officials
criticized the voting system, which assigns parliamentary seats to
party members based on a complicated formula, for being too difficult
for most voters to understand and for awarding seats to party members
who finished second or third in their district.
Political parties can operate without restriction or outside
interference. The law requires political parties to register with the
Bucharest Tribunal and to submit their statutes, program, and a roster
of at least 25,000 signatures. Among these 25,000 ``founding members''
there must be individuals from at least 18 counties, including
Bucharest, with a minimum of 700 persons from each county. The party
statutes and program must not include ideas that incite war,
discrimination, hatred of a national, racist, or religious nature, or
territorial separatism.
Organizations representing ethnic minorities may also field
candidates in elections. If the minorities in question are ``national
minorities,'' defined as those ethnic groups represented in the Council
of National Minorities, their organizations must meet requirements
similar to those for political parties. For organizations representing
minorities not represented in the parliament, the law sets more
stringent requirements than those for minority groups already
represented in the parliament; they must provide the Central Electoral
Bureau with a list of members equal to at least 15 percent of the total
number of persons belonging to that ethnic group as determined by the
most recent census. If 15 percent of the ethnic group amounts to more
than 20,000 persons, the organization must submit a list with at least
20,000 names distributed among at least 15 counties plus the city of
Bucharest, with no fewer than 300 persons from each county.
While the law does not restrict women's participation in government
or politics, societal attitudes presented a significant barrier. There
were 38 women in the 334-seat Chamber of Deputies and eight women in
the 137-seat Senate. At year's end there were only two women in the 17-
member cabinet and no women among the prefects (governors appointed by
the central government) of the 42 counties.
According to the constitution each recognized ethnic minority is
entitled to have one representative in the Chamber of Deputies even if
the minority's organization cannot obtain the 5 percent of the vote
needed to elect a deputy outright, but only if the organization
received votes equal to 10 percent of the average number of votes
nationwide necessary for a deputy to be elected. Organizations
representing 18 minority groups received deputies under this provision.
There were 49 members of minorities in the 471-seat parliament, nine in
the Senate and 40 in the Chamber of Deputies. At the end of the year,
there were four members of minorities (all ethnic Hungarians) in the
17-member cabinet. Ethnicity data was not available for members of the
Supreme Court.
Ethnic Hungarians, represented by the Democratic Union of
Hungarians in Romania, an umbrella party, were the sole ethnic minority
to gain parliamentary representation by passing the 5 percent
threshold. Only one Romani organization, the Roma Party-Pro Europe, was
represented in the parliament, by one member of parliament. Low Romani
voter turnout likely resulted from a lack of awareness, inability to
demonstrate an established domicile, and absence of identity documents.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
officials sometimes engaged in corrupt practices with impunity. The
World Bank's corruption indicators suggested corruption was a problem.
In 2007, as part of the country's agreement on accession to the
European Union, the European Commission established a Cooperation and
Verification Mechanism (CVM) to monitor the country's progress in
reforming the judicial branch and fighting corruption.
The National Anticorruption Directorate (DNA) investigates and
prosecutes high-level corruption, including cases involving members of
the parliament and government officials. Both the head of the DNA and
the general prosecutor (attorney general) were considered effective.
The DNA head was appointed to a second three-year term in February
2009. The general prosecutor was appointed to a second three-year term
in October 2009.
A simple majority of the parliament must approve investigations of
ministers who are sitting members of the parliament, while the
president must approve investigations of ministers who are not serving
in the parliament. The CSM has to approve searches, detention, and
preventive arrests of judges and prosecutors.
In March the Senate approved the preventive arrest of one of its
members on charges of influence peddling. In April the CSM approved the
preventive arrest of a Supreme Court justice involved in the same case.
In December the Chamber of Deputies rejected the DNA's two requests for
approval of investigations against one former minister, the first for
the search of his official computer, and the second to extend the
investigation in the same case. As of year's end the Chamber of
Deputies had not approved a request from the DNA for the preventive
arrest of a deputy on charges of blackmail and other corruption
offenses.
Authorities' ineffective response to corruption remained a focus of
intense public criticism, political debate, and media scrutiny
throughout the year. NGOs and the media continued to assert that no
major case of high-level corruption had yet resulted in judgments
involving prison sentences. However, the number of verdicts involving
corruption offenses, including sentences to time in prison, increased
significantly during the year. During the year courts sentenced a
member of the Senate, five mayors, one vice mayor, one senior
prosecutor, and 22 police officers and noncommissioned officers to
prison.
The DNA continued its coordination with antifraud units in various
ministries. The General Directorate for Anticorruption (DGA) of the
Ministry of Administration and Interior, which investigates alleged
corruption within the ministry, maintained a telephone hotline to
receive tips from the general public regarding corrupt officers. In
December cooperation between the DNA, the DGA, and the Ministry of
National Defense resulted in the DNA's prosecution of two high-ranking
officers of the Ministry of National Defense and three other persons on
charges of abuse of office, bribery, and influence peddling. The
Antifraud Department attached to the Prime Minister's Office continued
to investigate cases involving the misuse of EU funds. The Ministry of
National Defense also maintained its own antifraud section. However,
according to the CVM report, ``within institutions few steps appear to
have been taken to strengthen practical implementation and awareness of
whistle-blowing policies.''
Little progress was made in 30 cases filed by the DNA in earlier
years against former government ministers, deputy ministers, and
members of the parliament. The lack of progress was due in one instance
to a legislative decision to block the investigation; the High Court of
Cassation and Justice dismissed some other cases; and others were
delayed while defendants' claims of unconstitutionality or violations
of legal procedures (called ``claims of illegality'') were adjudicated.
Of the 30 cases, one was initiated in 2005, nine in 2006, six in 2007,
nine in 2008, and five in 2009.
In the first 10 months of the year, the DNA sent 155 cases
involving 698 defendants to the courts. The persons charged were one
former prime minister, two members of the Senate, six judges including
a Supreme Court justice, three senior prosecutors, two subprefects, 18
mayors, five vice mayors, 28 police officers and non-commissioned
officers, 15 commissioners of the Financial Guard, four commissioners
of the Environmental Guard, and six managers of state-owned companies.
In the same period, in response to cases brought by the DNA, the courts
issued 103 nonfinal verdicts involving 291 defendants, 67 final
verdicts involving 128 defendants, and 18 final verdicts of acquittal
involving 32 defendants.
In August the parliament amended the law governing the
Constitutional Court to end the practice of automatically suspending
trials while constitutional challenges were under consideration
(interlocutory appeals). In November a law designed to accelerate
judicial processes and trials came into effect, banning the suspension
of trials when challenges of illegality were filed in criminal cases.
The law also restricted the use of challenges on procedural grounds.
Police corruption contributed to citizens' lack of respect for the
police and led to a corresponding disregard for police authority. Low
salaries and the absence of incentives and bonuses led to personnel
shortages and contributed to the susceptibility of individual law
enforcement officials to bribery. Instances of high-level corruption
were referred to the DGA, which continued to publicize its
anticorruption telephone hotline to generate prosecutorial leads for
corruption within the police force; however, some of the local police
departments (``inspectorates'') did not adequately publicize the
anticorruption hotline.
The law empowers the National Integrity Agency (ANI) to administer
and audit financial disclosure statements for all public officials and
monitor conflicts of interest. The ANI law stipulates that the ANI can
identify ``significant discrepancies'' (more than 10,000 euros, or
$13,400) between an official's income and his assets.
In April the Constitutional Court declared significant portions of
the ANI statutes to be unconstitutional. The parliament failed to
restore ANI's powers immediately. After the CVM report singled out the
weakening of ANI as a violation of commitments the country made during
its EU accession process, the Government made a concerted effort to
restore the agency's powers. In late August the parliament reinstated
the requirement for comprehensive, public financial disclosure
statements but also made more cumbersome the procedure by which ANI can
initiate seizure of assets when significant discrepancies are found.
The law provides for public access to government information
related to official decision making; however, human rights NGOs and the
media reported that the law was inadequately and unevenly applied.
Procedures for releasing information were arduous and varied greatly by
public institution. Many agencies did not make public the annual
performance reports that the law requires. NGOs and journalists
continued to file requests regularly in court to gain access to
official government information.
In May the Romanian Academic Society won a case against the state-
controlled EXIM Bank for the declassification of a public procurement
contract, and against the Privatization Agency for the declassification
of the contract to privatize a local carmaker. In August the Institute
for Public Policy won a court case against the parliament for the
release of information on members' expenditures on their constituent
offices. In October the Center for Legal Resources (CRJ), a human
rights NGO, won two cases regarding access to public information: one
against the Presidency, which refused to hand over to the NGO copies of
financial disclosure statements and conflict of interest statements for
2008; and the other case against the Rovinari Energy Complex, which
refused to give the NGO copies of decisions from the company's board of
administration for the period 2004-2008.
Although the Government ordered the intelligence services to
release the files of the Communist-era Securitate intelligence service,
the powers of the National College for the Study of Securitate Archives
(CNSAS) remained limited because the law governing the CNSAS law does
not permit it to issue verdicts that identify individuals as Securitate
collaborators. In June the Constitutional Court ruled that the
lustration, or ``de-Communization'' law that the parliament passed in
May was unconstitutional. The president asked all government ministries
to make their employees' incomes public on-line. Of 15 ministries,
eight responded to the president's call by year's end.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were generally cooperative and responsive to their views.
The Government cooperated during the year with international
governmental organizations and permitted visits by UN representatives
and other organizations. During the year there were visits by the UN
special rapporteur on human rights of migrants and EU Commission
representatives to assess the situation of the judiciary. The latter
released two reports (see section 1.e.).
The Office of the Ombudsman had limited power and no authority to
protect citizens' constitutional rights in cases requiring judicial
action. The office handled 7,016 complaints during the first nine
months of the year. The NGO Romani CRISS criticized the Office of the
Ombudsman for failing to address the cases the NGO brought to its
attention.
The National Council for Combating Discrimination (CNCD) is an
independent governmental agency under parliamentary control. During the
year the CNCD received 478 public complaints of discrimination. It
resolved 117 of these complaints by the year's end. Of the complaints,
97 involved alleged discrimination on the basis of nationality,
ethnicity, and race, and six involved discrimination on religious
grounds. The CNCD received 54 complaints regarding discrimination
against Roma.
The Ombudsman's Office and CNCD operated with the Government's
cooperation and for the most part without government or party
interference. After the CNCD's activity was blocked for almost eight
months due to staffing shortages, the parliament on April 20 appointed
six new members to CNCD's board, allowing the CNCD to resume its
activity. Neither agency received adequate resources, although both
enjoyed public trust. The CNCD was generally regarded as effective,
while most observers regarded the Office of the Ombudsman as much less
effective. Both the CNCD and the Ombudsman's Office issue yearly
activity reports.
Romani CRISS criticized the appointment of CNCD board members
proposed by political parties, arguing that this violated the principle
of the body's independence and that some of the appointees lacked
expertise in the human rights area. Romani CRISS also criticized the
CNCD's delays in ruling on some of its complaints.
Each chamber of the parliament has a human rights committee. Their
task is to draft reports on bills that pertain to human rights-related
issues. Their members, however, are members of the parliament who
usually express the views of their political parties.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law forbids discrimination based on race, gender, disability,
ethnicity, language, or social status, among other categories. However,
the Government did not enforce these prohibitions effectively, and
women as well as Roma and other minorities were often subjected to
discrimination and violence.

Women.--Rape, including spousal rape, is illegal. The prosecution
of rape cases was difficult because the law requires a medical
certificate and a witness, and a rapist could avoid punishment if the
victim withdrew the complaint. The successful prosecution of spousal
rape cases was more difficult because the law requires the victim
personally to file a criminal complaint against the abusive spouse and
does not permit other parties, such as police, relatives or support
organizations, to file a complaint on the victim's behalf. The law
provides for three to 10 years' imprisonment for rape; the sentence
increases to five to 18 years if there are aggravated circumstances.
According to police statistics, during the year perpetrators were sent
to court in 886 rape cases; there was no information on the number of
resulting convictions.
Violence against women, including spousal abuse, continued to be a
serious problem, according to NGOs and other sources. The Government
did not effectively address it. The law prohibits domestic violence and
allows police intervention in such cases. However, the law on domestic
violence was difficult to apply because it contradicts the criminal
procedures code and does not provide for the issuance of restraining
orders. According to the General Directorate for Child Protection
(DGPC), in 2009, 4,185 women and 816 men were victims of domestic
violence. During the same period 35 women and 27 men died as a result
of domestic violence. In a nationwide survey conducted by the Center
for Urban and Rural Sociology in 2008, 21.5 percent of women reported
having been subjected to domestic violence at least once in their
lives, and 11.1 percent reported experiencing domestic violence during
the year prior to the survey.
While the criminal code imposes stronger sanctions for violent
offenses committed against family members than for similar offenses
committed against others, the courts prosecuted very few cases of
domestic abuse. Many cases were resolved before or during trial when
alleged victims dropped their charges or reconciled with the accused
abuser. In cases with strong evidence of physical abuse, the court can
prohibit the abusive spouse from returning home. The law also permits
police to penalize spouses with fines of 100 lei to 3,000 lei ($31 to
$936) for various abusive acts.
In July the National Authority for the Protection of Family and
Children's Rights, established in December 2009 under the Ministry of
Labor, Family, and Social Protection, was downgraded to a general
directorate within the ministry under the name of the DGPC. The DGPC is
in charge of children's issues and domestic violence.
At the end of 2009, 50 government- and privately-run shelters for
victims of abuse provided free accommodation and food for periods of
between seven days and three months, and 27 centers provided legal and
psychological counseling. There were also two rehabilitation centers,
two centers to inform and sensitize the population, and six counseling
centers for perpetrators. However, the centers were insufficient and
unevenly distributed, and some parts of the country lacked any kind of
assistance.
The law prohibits any act of gender discrimination, including
sexual harassment. Penalties vary significantly depending on whether
the act is criminal or not and range from fines--between 400 lei and
8,000 lei ($125 and $2,500)--to imprisonment for three months to two
years. Although the problem exists, public awareness of it continued to
be low. No effective programs existed to educate the public about
sexual harassment.
In February university professor and criminal expert Tudorel Butoi
stated that most of the women assaulted in streets, parks, and
elevators had a provocative attitude. Several NGOs filed a complaint
against Butoi with the CNCD, which decided in October that Butoi's
statement was discriminatory and sanctioned him with an admonition.
The law provides for the right to information, education, and
services for reproductive health without any discrimination, as well as
the right to access modern family planning methods. Nevertheless,
Romani women had a difficult time accessing reproductive health
services. The Ministry of Health provided free contraceptives to rural
residents, students, the unemployed, and women who had an abortion in a
public hospital. NGOs noted the absence of a national strategy
regarding reproductive rights, the lack of sexual education in schools,
and the country's high number of teen pregnancies.
The number of HIV-positive mothers who gave birth to live infants
increased to 207 births in 2009, the last year for which data was
available, from 68 in 2007 and 161 in 2008, according to the National
Institute for Infectious Diseases Matei Bals.
HIV-positive women reported to the Euroregional Center for Public
Initiatives (ECPI) that they had difficulty accessing maternal health
care in maternity hospitals due to discrimination by medical personnel.
They asserted that they experienced degrading treatment, breaches of
confidentiality, segregation, and denial of cesarean sections. ECPI
noted that the medical staffs of obstetrics and gynecology units did
not appear to understand and apply the clinical guidelines for the
management of pregnancy in HIV-positive women that the Ministry of
Health adopted in 2009.
According to UN Population Fund statistics, the maternal mortality
rate was 27 per 100,000 births in 2008.
The ECPI criticized the fact that the results of Health Ministry
investigations of maternal deaths are not made public.
A journalist's investigation conducted in the fall revealed a
series of shortcomings in the maternal health care available in public
hospitals. The report revealed unsanitary conditions, lack of equipment
(e.g. incubators for newborns), high neonatal mortality rates, a high
number of premature births, a small number of obstetricians, shortages
of medicine, and mistreatment of women giving birth. The ECPI received
information that in some hospitals pregnant women were automatically
tested for HIV prior to giving birth without informed consent and
without prior counseling, although HIV testing is voluntary under the
law.
In August six newborn babies died in Giulesti hospital following a
fire in the maternal ward that was reportedly caused by a defective air
conditioning system, inattentive staff, and locked doors.
The law provides female employees reentering the workforce after
maternity leave the right to return to their previous or a similar job.
Government grants helped support mothers with 24 months of paid leave
at 85 percent of the mother's average income during the previous 12
months and a monthly allowance for children. A report released in
September 2009 by the Society of Contraception and Sexual Education
indicated, however, that pregnant women might still suffer
unacknowledged discrimination in the labor market.
Under the law women and men enjoy equal rights, including under
family law, property law, and in the judicial system. In practice the
Government did not enforce these provisions, and authorities did not
devote significant attention or resources to women's problems. In July
the Government's Agency for the Equality of Opportunities was
downgraded to a directorate in the Ministry of Labor, Family, and
Social Protection. Women occupied few influential positions in the
private sector, and differences between the salaries of women and men
continued to exist in most sectors of the economy. According to several
surveys including one from the National Statistics Institute, women
were paid approximately 10-15 percent less than men doing the same
work. According to the Ministry of Labor, Family, and Social
Protection, women faced disadvantages in education; access to the labor
market, social, political, and cultural life; and participation in
decision-making. According to the ministry many of these difference
stemmed from segregation of labor (i.e. women work mostly in fields
where salaries are lower), traditions, and stereotypes.
During the year the DGPC, in partnership with NGOs, implemented
programs to prevent and curb domestic violence and to provide better
conditions for domestic violence victims.

Children.--Citizenship is derived by birth from at least one
Romanian citizen parent. Birth registration was not universal, and some
children were denied public services as a result. The most common
reason that children were not registered at birth was that parents did
not declare the child's birth to authorities, sometimes because the
parents lacked identity documents or residence papers, or because the
birth took place abroad in countries where parents were present
illegally. Most such children had access to schools, and authorities
assisted in obtaining birth documents for unregistered children.
However, the education of unregistered children depended on the
decision of school authorities. Undocumented children also faced
difficulties in getting access to health care.
There were reports that Romani children were effectively segregated
from non-Romani students and subject to discriminatory treatment (see
section 6, National/Racial/Ethnic Minorities).
Child abuse and neglect continued to be serious problems, and
public awareness of them remained poor. The media reported several
severe cases of abuse or neglect in family homes, foster care, and
child welfare institutions. According to the DGPC, during the first
nine months of the year, child welfare services identified 8,142 cases
of child abuse, neglect, and exploitation. These findings resulted in
the provision of rehabilitation services in 5,103 cases, medical
services in 331, educational services in 529, and legal assistance in
3,164. Of the 2,281 children who were identified as abused during this
period, authorities separated 323 from the abusive families. During the
year the Ministry of Labor, Family, and Social Protection started to
implement a project costing 14.3 million euros (approximately $19
million), jointly funded by the Government and the Development Bank of
the Council of Europe. The project's goal is to develop a community-
based services network at local levels to prevent the separation of
children from their families and to reintegrate children already
separated from their families.
In the first nine months of the year, according to official
statistics, parents abandoned 1,015 children in maternity hospitals.
NGOs claimed that the official statistics did not accurately account
for many abandoned children and that many children living in state
institutions were never officially recognized as abandoned.
According to DGPC, at the end of September there were 808 homeless
children nationwide. NGOs working with homeless children believed there
were two or three times that number. NGOs noted that the number of
homeless children declined but only because many of the children
reached adulthood--they remained on the streets.
In most cases the legal age of marriage is 18, although girls as
young as 15 may legally marry in certain circumstances. Illegal child
marriage was common within certain social groups, particularly the
Roma. There was no estimate regarding the extent of the practice, and
information about individual cases surfaced only from time to time in
the media. In September the Pro Europa League, a human rights NGO
working on a project on early or forced marriages financed by the
Ministry of Health, reported that while such marriages continued to
take place in some Romani communities, they declined in number.
Trafficking in girls remained a problem. According to the Ministry
of Administration and Interior, 99 of the 379 victims of trafficking
reported during the first half of the year were girls. There also were
isolated cases of children who prostituted themselves for money without
third-party involvement.
The criminal code stipulates 3- to 10-year jail sentences for
sexual acts with minors under 15 years of age, the age of consent. The
display, selling, dissemination, renting, distribution, and production
of child pornography is punishable by five to 10 years in jail and, if
coercion is used, by 15 to 20 years in jail.
While the law prohibits the abuse and neglect of children, the
Government has not established a mechanism to identify and treat abused
and neglected children and their families.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.
According to Hope and Homes for Children Romania, the country's
branch of a British NGO, which works in partnership with the Government
to close orphanages, 256 orphanages in the country housed 11,000
children. The NGO noted that conditions in the orphanages improved with
the support of EU funding and assistance from NGOs working in the field
of child protection. However, staffing in orphanages remained
insufficient, and the self-financing of such institutions was limited.
In October a group of British journalists visited an orphanage in
Bistrita and noted improper living conditions, malnourished children
who were sedated or tied to their beds, and the absence of sufficient
activity for the children. Media reported instances in which children
from orphanages were reportedly kidnapped and sold to human traffickers
who then forced them to steal and beg in Italy.

Anti-Semitism.--According to the 2002 census, the Jewish population
numbered 5,785. Acts of anti-Semitism, including vandalism against
Jewish sites, continued during the year with no appreciable change in
the range of 10-12 per year of previous years. In most cases the
Federation of Jewish Communities notified authorities, but perpetrators
were often not identified.
The NGO Center for Monitoring Anti-Semitism in Romania (MCA
Romania) continued to criticize authorities for playing down anti-
Semitic vandalism, usually attributing the acts to children, drunks, or
persons with mental disorders. MCA Romania noted that Jewish
establishments appeared to be targets of choice for vandals and
asserted that police investigations of such acts were not thorough. MCA
Romania also criticized the lack of prosecutions that might deter
future acts. During the year independent observers reported the
existence of swastikas on the elevator doors and walls of some blocs of
apartments as well as on the fence of a school in Bucharest.
On April 13, unidentified individuals stole property from the
administrative building of a Jewish cemetery in Bucharest. On April 16,
unidentified individuals broke into the chapel of the stone-carving
workshop of a different Jewish cemetery in Bucharest. In both cases the
Jewish Communities Federation filed complaints with Bucharest police.
There were no developments in these cases by year's end.
In April local media reported that unidentified individuals drew
swastikas on the walls of several buildings and a memorial in Galati
and that the local authorities attributed the vandalism to rebellious
teenagers, not pro-Nazi individuals.
During the night of May 3, a group of young persons threw stones at
the house of the guard of the Jewish cemetery in Craiova. A member of
the Jewish community called police, who took steps to restore order in
the area. There were no reports of arrests.
In July the National Bank of Romania (BNR) issued a commemorative
coin depicting late Patriarch Miron Cristea, who led the Romanian
Orthodox Church between 1925 and 1939 and was prime minister from 1938
to 1939. During the latter period Cristea was responsible for revising
the citizenship law, stripping approximately 225,000 Jews of their
Romanian citizenship. Many of these persons subsequently died during
the Holocaust. MCA Romania, the National Institute to Study the
Romanian Holocaust Elie Wiesel, the Holocaust Memorial Museum of
Washington, the Anti-Defamation League, and other organizations
unsuccessfully urged the BNR to withdraw the coin. Both the BNR and the
Orthodox Church argued that the coin was part of a collectors' series
of five coins (featuring five late patriarchs) celebrating the Orthodox
Church's 125th anniversary. The BNR established a commission to study
the issue. On August 19, the commission decided not to withdraw the
coin on the grounds that the coin ``should not be related to Patriarch
Cristea's short activity as prime minister.''
In October and November, MCA Romania addressed letters to the
Gendarmerie units in Galati and Constanta, requesting that their local
troop regiments, which bore the names of two generals who were war
criminals involved in the deportation of Jews during the World War II,
be changed. In November the Gendarmerie units in both localities
responded that they had started the procedures necessary to change the
names.
On October 25, the prosecutor's office of the Constanta Court of
Appeals decided not to prosecute Constanta Mayor Radu Mazare for
marching onto a public stage dressed as a Nazi officer, accompanied by
his 15-year-old son dressed as a Nazi soldier. The incident occurred in
July 2009 at a fashion show at the beach resort of Mamaia. During the
year before the decision, authorities closed the case and then reopened
it and referred it to the Constanta branch of the Division in Charge of
Organized Crime and Terrorism (a specialized department of the
Prosecutor General's Office). The investigating prosecutor's decision
to close the case definitively after concluding that Mazare's gesture
was not a crime since it was committed in the interest of art.
There were no reported developments in the 2008 desecration of 131
gravestones in a Jewish cemetery in Bucharest, in which the police
named as suspects four students ages 13 to 15, or in the April 2009
desecration of 20 gravestones in a Jewish cemetery in Botosani, in
which police suspected four 14- to 16-year-old students.
Extremist organizations occasionally held high-profile public
events with anti-Semitic themes. The New Right Organization, the
Professor George Manu Foundation, and the Party for the Nation
continued to sponsor events, including religious services, symposia,
and marches, commemorating leaders of the pre-World War II era
Legionnaire Movement. Such events took place during the year in Sibiu
on January 13 and May 25, Braila on March 14, Ramnicu Sarat on
September 22, and Tancabesti on November 28. They attracted small
numbers of persons.
On May 13, four Greek Catholic priests in Dragomiresti, Maramures
County, dedicated a memorial cross commemorating heroes of both world
wars and anticommunist fighters, many of them pro-Nazi and anti-Semitic
legionnaires. The family of an anticommunist fighter erected the cross.
On June 15, the 121st anniversary of the death of national poet
Mihai Eminescu, Greater Romania Party (PRM) Secretary General Gheorghe
Funar stated that Eminescu was killed by Jews who did not like his
political writing and poems. He added that a Jewish doctor poisoned the
poet with mercury. The executive director of the National Institute to
Study the Romanian Holocaust Elie Wiesel labeled the statement anti-
Semitic and underscored that Funar did not offer any evidence to
support his allegations.
MCA Romania and the National Institute to Study the Romanian
Holocaust Elie Wiesel criticized a Romanian documentary film entitled
The Portrait of the Fighter as a Young Man, which was produced with
state funding and shown at several international festivals. The film
presented the activity of an anti-Communist group led by Ion Gavrila
Ogoranu, a member of the right-wing, fascist Legionnaire Movement.
MCA Romania repeatedly warned that anti-Semitic, racist,
xenophobic, and nationalistic views continued to be distributed via the
Internet.
During the year the extremist press continued to publish anti-
Semitic articles. The New Right movement and similar organizations and
associations continued to promote the ideas of the Iron Guard (an
extreme nationalist, anti-Semitic, pro-Nazi group that existed in the
country in the interwar period) in the media and on the Internet.
Organizations with extreme right-wing views also republished
inflammatory books from the interwar period.
During the year the publications of the extreme nationalist PRM
headed by Corneliu Vadim Tudor continued to carry statements and
articles containing strong anti-Semitic attacks.
The law prohibits denial of the Holocaust in public; however, there
were no prosecutions under this statute during the year.
During the year public and private television stations broadcast
talks shows that expressed anti-Semitic views and attitudes. On
November 13, during a talk show televised nationally, well known
journalist Ion Cristoiu spoke about Corneliu Zelea Codreanu, the
founder of the Legionnaire Movement, who was widely known for harsh
anti-Semitism and violence. Cristoiu stated that Codreanu had been
``the most honest and honorable Romanian politician from the interwar
period'' and called him a ``Romantic hero.'' MCA Romania criticized the
show and its producer. Several dozen intellectuals and public figures
encouraged the president of the national television station, Alexandru
Lazescu, to dissociate the station from Cristoiu's statements. In his
reply Lazescu regretted that Cristoiu's statements hurt the feelings of
those who had been affected by the violence, anti-Semitism, and crimes
against mankind of that ``black period'' of the country's history,
``for which the Legionnaire Movement is considered responsible.''
Lazescu noted that the television's Ethics and Arbitration Commission
would consider this issue. On December 9, the National Audiovisual
Council publically admonished the national network for having violated
the principle of maintaining the balance by providing a plurality of
opinions.
Extremists such as Ion Coja, a professor at the University of
Bucharest, continued to deny publicly and on the Internet that the
Holocaust occurred in the country and that the country's leader during
World War II, Marshal Ion Antonescu, participated in Holocaust
atrocities in territory administered by the country.
The Government continued to make progress in its effort to expand
education on the history of the Holocaust in Romania. The study of the
Holocaust is included in history courses in the seventh, ninth, 11th,
and 12th grades. On various occasions throughout the year, high-level
officials continued to make public statements against extremism, anti-
Semitism, xenophobia, and Holocaust denial.
The law to combat anti-Semitism and to prohibit fascist, racist,
and xenophobic organizations includes the oppression of the Roma as
well as the Jews in its definition of the Holocaust.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against all persons in employment, education, access to health care, or
the provision of other services. However, the Government did not fully
implement the law, and discrimination against persons with disabilities
remained a problem.
The law mandates accessibility for persons with disabilities to
buildings and public transportation. In practice the country had few
facilities specifically designed to accommodate persons with
disabilities, and persons with disabilities could have extreme
difficulty navigating city streets or gaining access to public
buildings. However, the number of buildings with facilities for persons
with disabilities did increase during the year.
According to reports by human rights NGOs, the procedures for
commitment, the living conditions, and the treatment of patients in
many psychiatric wards and hospitals did not meet international human
rights standards and were below professional norms.
In August the CPT issued a report on its follow-up visit to the
Nucet Social-Medical Center and Oradea Psychiatric Hospital. At Nucet
the delegation found a lower death rate among patients than in 2006
during their last visit, but also continuing indications of neglect
such as apparently underweight patients and the lack of inquests into
the deaths of some of them. It recommended that patients be given more
private space for their possessions and more opportunity to walk around
outside. At Oradea the CPT delegation found significant improvements in
the juveniles' section but continued poor maintenance, poor sanitary
conditions, and understaffing in the adult section.
In October the CRJ expressed concern about the Government's failure
to consult with the representatives of persons with disabilities on
matters that could have an impact on their right to life and dignity.
The CRJ urged the prime minister to consult on draft legislation
involving persons with disabilities.
Twice during 2009 the CRJ visited 16 state institutions for persons
with mental disabilities (psychiatric wards and hospitals) to assess
whether human rights were being observed. In most such institutions the
CRJ found overcrowding; underqualified staff; inadequate staff
knowledge of the legal requirements regarding such institutions;
shortages of staff and medicines; insufficient food; violation of
patient privacy; patient neglect; failure to observe patients' human
dignity; failure to implement the procedures to resolve the patient
complaints; failure to implement regulations regarding involuntary
institutionalization and informed consent; patients unaware of their
rights; disregard for the legal regulations governing the detention and
isolation of patients (for example, patients were tied to their beds
for long periods of time); excessive sedation of patients; poor
hygienic conditions; and lack of activities and recreational programs.
There was no information regarding the Government's response to these
findings.
In September 2009 the media reported that a patient in the
psychiatric ward in Poiana Mare died following the alleged ingestion of
a disinfectant. The hospital was known for its particularly poor
conditions and the fact that more than 150 patients died there in 2002-
2004. In May, after repeated complaints by 13 psychiatric doctors at
the institution who accused its director of poor management of the
hospital's funds, lack of interest in procuring equipment and
medication, and failure to punish the auxiliary staff for inadequately
treating patients, the hospital fired the director. The facility
continued to operate at full capacity at the end of the year.
During the year there were no reports that the Government took
action to close or to improve the situation of patients in several
state institutions for persons with disabilities where harsh conditions
were the subject of a BBC documentary in December 2009.
During the year the Government, through the DGPC, started a project
to implement good practices to assist children and young persons with
special needs in state institutions.
Some minors were sent to psychiatric hospitals without the consent
of their legal guardians. According to human rights NGOs, there was no
system to ensure that government-run care institutions observed the
rights of children with mental disabilities.

National/Racial/Ethnic Minorities.--Observers estimated that there
were between 1.8 and 2.5 million Roma in the country, approximately 10
percent of the total population. However, the most recent official
census, taken in 2002, reported 535,000 Roma, or 3 percent of the
population. An August 2008 government survey estimated that Roma
numbered approximately 1.2 million, or 5.7 percent of the population.
According to NGOs, earlier government figures were low because many
Roma either did not reveal their ethnicity or lacked any form of
identification.
Discrimination against Roma continued to be a major concern. Romani
groups complained that police brutality, including beatings and
harassment, was routine. Both domestic and international media and
observers widely reported societal discrimination against Roma.
On October 24, some villagers set a Romani family's house on fire
in the village of Rares (Harghita County). The fire started at a
stable, killing a horse and 10 poultry, with material damages amounting
to 40,000 lei ($12,500). Villagers complained that they had filed
complaints about the Romani family repeatedly, and the police did not
resolve them. The Romani family fled the house after the incident. At
the end of the year three villagers were under investigation by the
police for violation of domicile and destruction of property.
Stereotypes and use of discriminatory language against Roma were
widespread; journalists and several senior government officials made
statements that were viewed as discriminatory by members of the Romani
community. In February a press release by the Ministry of Foreign
Affairs stated that, during a meeting with a French state secretary,
Foreign Minister Teodor Baconschi mentioned the ``natural,
physiological crime problems in some Romanian communities, in
particular, within the communities of Romanian citizens of Romani
origin.'' Several NGOs labeled the speech racist due to the association
of Roma with crime, demanded Baconschi's resignation or dismissal, and
filed a complaint with the CNCD. Several days later, during a meeting
with representatives of the Roma, Baconschi reportedly mentioned a
meeting he had with Romani intellectuals several years earlier and
stated ``you can say anything about them, but not that they are
imbeciles.'' In November the CNCD decided that Baconschi's statement
was discriminatory, admonished him, and recommended that he speak more
carefully in the future.
On March 9 and September 28, Member of the European Parliament Gigi
Becali, leader of the right-wing New Generation Party and owner of the
Bucharest soccer team Steaua, called George Copos, the owner of a rival
team, Rapid, a ``Gypsy.'' On March 15, Becali stated that without Rapid
the ``national soccer championship would be whiter,'' an allusion to
the fact that the Rapid Soccer club is located in a Romani
neighborhood. The management of Rapid urged the CNCD to punish Becali's
statements. The CNCD had fined Becali for calling Rapid's fans
``Gypsies'' in November 2009; Becali challenged the fine in court, and
the hearing, which began in June, did not conclude by year's end.
Racist slogans were frequently displayed during soccer games across the
country.
In June the CNCD admonished Iulian Urban, the vice president of the
Senate's Legal Committee, for discrimination against the Roma for
posting anti-Romani messages on his blog in 2009. Upon hearing about
the CNCD admonition, Urban stated, ``The Gypsies have defeated me,''
and stated that he would challenge the decision in court.
On September 8 and 9, in interviews on national television and
radio, President Basescu stated that the decision to change the name of
``Gypsy'' to ``Roma'' was wrong because it generates confusion among
Europeans. Magdalena Matache, the director of Romani CRISS, stated that
the president's statements could contribute to negative attitudes
toward Roma.
In an interview with B1 television in September, President Basescu,
speaking of France's expulsion of Roma, insinuated that the country's
Roma allowed their children to beg while the parents were often
stealing, ``What they do here, they wanted to do in France as well.''
He also was quoted as saying, ``It seems that there are Gypsies who
believe that moving from one place to another means to work.''
In September a member of the Chamber of Deputies, Silviu Prigoana,
submitted to the Senate a legislative initiative proposing to use the
word ``Gypsy'' instead of ``Roma'' in the official documents. While the
Ministry of Foreign Affairs, the National Roma Agency, the Ministry of
Culture, the Interethnic Relations Department, the Government's
Secretariat General, and the CNCD opposed the bill, the Romanian
Academy voiced its support, arguing that the term ``Gypsy'' represents
the ``correct name of this transnational population.'' On November 30,
approximately 200 persons participated in a protest organized by six
Romani NGOs in front of cabinet headquarters. The media reported on
December 5 that the Government would back the legislation.
On September 22, during a debate in the Senate on a draft law
regarding the commemoration of the Roma's emancipation from slavery,
lawmaker Puiu Hasotti stated that the Roma themselves asked to be
enslaved when they were no longer able to pay their taxes. He denied
that the term Gypsy was pejorative, adding that well known artists have
used the term in their songs and paintings, and that many European
nations continue to use the term.
In October former professional tennis player Ilie Nastase stated
publicly that he supported the French president's policy of sending
Roma back to their home countries, adding that he would send Romania's
Roma to the ethnic-Hungarian-majority county of Harghita ``to change
the ethnic configuration of this region.'' In December the CNCD fined
Nastase 600 lei ($187) for his discriminatory statements.
During an official visit to Slovenia on November 3, President
Basescu stated that the country had failed to integrate nomadic Roma,
which was difficult since ``very few of them want to work.'' He added
that ``many of them traditionally live on what they steal.'' David
Mark, executive director of Roma Civil Alliance, an umbrella
organization of Romani NGOs, stated that Basescu's statement was ``full
of racial prejudices.'' The CRJ criticized the president's statements,
which it stated harmed the dignity of Roma and were profoundly
discriminatory.
There were no developments in the criminal complaint filed with the
prosecutor's office by Romani CRISS regarding an incident in April 2009
when fans of the Dinamo soccer team shouted anti-Romani slogans and
displayed anti-Romani banners during a game against the rival team
Rapid.
In the November 2009 complaint against First Vice President Ludovic
Orban of the National Liberal Party, who publicly referred to Roma as
Gypsies, the CNCD ruled in December that his statement was
discriminatory and sanctioned him with an admonition.
According to media reports, evictions of members of the Romani
community continued to occur in Bucharest, Timisoara, Resita, and other
localities during the year. In January, Amnesty International alleged
that, because of forced evictions, Roma had no option but to live next
to garbage dumps, sewage treatment plants, or industrial areas on the
outskirts of cities. In the evictions and resettlements they lost their
possessions, social networks, and access to work and state services. In
July, Amnesty International urged the local authorities of Baia Mare to
stop their planned eviction of the approximately 1,100 Roma from the
settlement of Craica, where the Roma had built illegal houses and
cardboard huts on public land. In November the vice mayor of Baia Mare
stated that the Roma from Craica would be moved next spring to a newly
built area.
NGOs reported that Roma were denied access to, or refused service
in, many public places. Roma also experienced persistent poverty, poor
access to government services, a shortage of employment opportunities,
high rates of school attrition, inadequate health care, and pervasive
discrimination. According to the year's Social Inclusion Barometer, 45
percent of Roma who work did not have a stable job. NGOs and the media
reported that discrimination by teachers and other students against
Romani students served as an additional disincentive for Romani
children to complete their studies.
Despite a March order by the Ministry of Education forbidding
segregation of Romani students, there were reports of Romani children's
being placed in the back of classrooms, of teachers ignoring Romani
students, and of unimpeded bullying of Romani students by other
schoolchildren. In some communities authorities placed Romani students
in separate classrooms or even in separate schools. During 2009 Romani
CRISS identified school segregation cases in Albeni, Corabia, Cugir,
and Polovraci. The NGO also filed complaints with the CNCD regarding a
case in Magheru, identified in 2009, in which a kindergarten teacher
refused to enroll twin Romani children for several years. In December
2009 Romani CRISS began a project, planned for 90 schools, through
which Romani and non-Romani students, parents, and the teaching staff
would participate in intercultural activities. The NGO Ovidiu Rom
worked to assist and encourage Romani children in the school enrollment
process. The NGO also continued its national public awareness campaign
``scoala te face mare'' (``school makes you great''), which it started
in June 2009, to promote the importance of school enrollment to
families and children. During the year the main goal of ``Scoala te
face mare'' was to encourage early education and convince parents to
send their children to kindergarten.
A research project by the Impreuna Agency for Community Development
conducted in April and May in 100 schools revealed that Romani children
received lower quality education, experienced discrimination from both
non-Romani colleagues and the teaching staff, were segregated, and had
a higher dropout rate than non-Romani students (6.7 percent of Romani
children, compared to 4.3 percent of non-Romani students). The main
reasons for dropping out of school were material shortages such as lack
of school supplies and clothes (44 percent), poor grades (16 percent),
lack of the parental interest in sending their children to school (9
percent), and early marriage (4 percent).
Roma also experienced difficulty accessing health care. In 2009
Romani CRISS filed a complaint with the CNCD against a family doctor in
the village of Vartop, who allegedly refused to treat Romani patients
or treated them superficially. In 2009 Romani CRISS reported that, in
the maternity wards in Cluj and Galati, there were instances of
hospital employees' entering ``Gypsy'' in a child's birth certificate
under ``nationality of the mother,'' even though these individuals were
Romanian citizens. Romani CRISS filed complaints with the CNCD.
In May, July, and September 2009, the Romani Center for Health
Policies SASTIPEN (SASTIPEN) filed complaints against a gynecologist at
the hospital in Targu Neamt, Neamt County, for allegedly denying access
to medical services to three Romani women. Based on the October 2009
decisions of an investigative commission and the ethics council of the
hospital (which considered only one of the three cases), the county's
Doctors' Council initially decided in October 2009 not to investigate
the cases and in April exonerated the doctor of any responsibility. On
August 30, SASTIPEN challenged the Doctors' Council's decision, and on
November 2, the case was sent to the higher Commission of Discipline of
the National Doctors' Council, where it remained at year's end. In 2009
SASTIPEN also filed a separate complaint with the CNCD. On July 7, the
CNCD resolved one of the September 2009 complaints, deciding that the
doctor's behavior was discriminatory and sanctioning him with an
admonition.
A project to assess the access of Roma to public health care,
developed by SASTIPEN and the Bucharest-based Institute for Public
Health, revealed that, although 87 percent of the respondents declared
they have a family doctor, access to medical services remained low due
to lack of financial resources, discrimination on the part of medical
personnel, and the Roma's own lack of awareness about access to public
health care services. The project studied 45 Romani communities between
November 2009 and November 2010.
A Romani CRISS survey of 935 doctors conducted in the spring
indicated that about 70 percent of Roma go to family doctors only in
the case of an acute disease and only 9.2 percent have medical check-
ups.
Romani communities were largely excluded from the administrative
and legal systems. According to Open Society Institute (OSI) research
conducted in 2007, 4.9 percent of Roma lacked birth certificates. Among
non-Romani citizens, fewer than 1 percent lacked birth certificates.
Similarly, surveys in 2007 and 2008 indicated that between 1.9 and 6
percent of Roma lacked identity cards, compared to 1.5 percent of non-
Roma. During 2009 the Ministry of the Administration and Interior
issued identity cards and civil status documents to 16,470 persons, of
whom 1,752 were Roma. The lack of identity documents excluded Roma from
participating in elections, receiving social benefits, accessing health
insurance, securing property documents, and participating in the labor
market. Roma were disproportionately unemployed or underemployed.
According to the Barometer for Social Inclusion 2010, 60 percent of
Romani households lived on less than the minimum wage. The average
monthly income of Romani households was 657 lei ($205).
NGO observers noted Romani women faced both gender and ethnic
discrimination. Romani women often lacked the training, marketable
skills, or relevant work experience to participate in the formal
economy. According to a 2006 OSI report, only 26 percent of Romani
women interviewed were part of the workforce. The average monthly
income of Romani women surveyed was 106 lei ($33).
Romani CRISS and the Impreuna Agency for Community Development
criticized the ineffectiveness of the Government's 2001-2010 national
strategy for the improvement of the situation of Roma.
According to government reports, 88 projects subsidized by the
European Social Fund and aimed mostly at the social integration of the
Romani persons were in progress at the end of the year. A total of
216,358,433 euros ($290 million) was allocated to these projects.
The National Agency for Roma is tasked with coordinating public
policies for Roma. Romani NGOs, however, criticized the scope of this
agency's responsibilities, noting that they are too broad and often
overlap with the activities of other government bodies.
According to the most recent census, from 2002, ethnic Hungarians
are the country's largest ethnic minority with a population of 1.4
million.
In the Moldavia region, where the Roman Catholic, Hungarian-
speaking Csango minority resides, the community continued to operate
government-funded Hungarian-language classes. According to the
Association of Csango Hungarians in Romania (AMCM), 986 students in 16
localities received Hungarian-language classes during the 2010-11
academic year. In 24 localities the AMCM sponsored daily educational
activities in the Hungarian language. In some other localities, such as
Luizi Calugara and Tuta, requests for Hungarian language classes were
denied. The AMCM complained that there was no Hungarian-speaking school
inspector at the School Inspectorate of Bacau County.
Internet discussion forums continued to include discrimination and
hate speech most frequently targeting Jews, ethnic Hungarians, Roma,
and LGBT individuals in discussion forums during the year.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law prohibits
discrimination based on sexual orientation; however, NGOs reported that
police abuse and societal discrimination against lesbian, gay,
bisexual, and transgender (LGBT) persons was common and that open
hostility prevented the reporting of some harassment and
discrimination. Members of the gay and lesbian community continued to
voice concerns about discrimination in public education and the health
care system. During the year the NGO ACCEPT provided legal and health
counseling dealing with transgender issues to 12 persons. The NGO
reported that the number of complaints by members of its community
about harassment of gay men by authorities increased during the year.
Several members reported that police and gendarmerie raids took place
in public places known to be meeting areas for gay men, and that police
behavior was abusive. These raids mostly occurred in public parks, with
police or gendarmes asking all men to show their identification,
questioning them about the reason for their presence, making offensive
comments regarding homosexuality, and threatening to arrest them.
During the year several individuals complained to ACCEPT that
police raided the Bucharest North Railway Station and the surrounding
neighborhood and abused persons they suspected of being gay.
Complainants stated police used offensive language regarding their
sexual orientation, handcuffed them, threatened or used physical
violence such as beatings, forced them to clean toilets, and fined them
for disturbing public order. According to one individual who requested
legal assistance from ACCEPT, police did not show their identification
badges.
After a four-year-long lawsuit, a court ruled in November that the
National Administration of Penitentiaries should pay moral compensation
amounting to 50,000 euros ($67,000) for discrimination based on sexual
orientation. An individual represented by ACCEPT filed a lawsuit
against the National Administration of Penitentiaries in 2006
complaining that the institution had failed to protect him from acts of
sexual violence, harassment, threats, and discrimination committed by
fellow prisoners while he was in jail in 2004-05.
No developments were reported in the February 2009 beating and
assault on a transgender person in Bucharest or the reported verbal
abuse of the same person by taxi drivers in March 2009.
There were two officially registered LGBT organizations, ACCEPT and
LGBTeam. Other LGBT groups lacked legal status and generally kept a low
public profile.
On May 22, between 200 and 300 persons participated in the annual
``march of diversity'' gay pride parade in Bucharest. Local authorities
mobilized approximately 400 police to protect the participants, and the
parade ended without violent incidents. There were some claims that
individuals who wanted to participate in or watch the parade were
discouraged from doing so because of the police barricades. The New
Right, an extreme-right nationalistic group opposed to homosexuality
and claiming a Christian orientation, sponsored a ``march for
normalcy'' antigay rally on the same day as the march for diversity,
but at a different time and location. They chanted virulently antigay
slogans. Prior to May 22, a group of NGOs called for a ban on the gay
parade. Some of these NGOs, including the Alliance of Families from
Romania and the Christian Orthodox Forum, sponsored a ``march for the
family,'' which gathered approximately 150 participants. The Orthodox
Church criticized both the gay parade and the New Right march, saying
that both organizations sought publicity and did not have the church's
blessing. A senator, Iulian Urban, called the gay pride parade a
``direct threat to the Romanian family.''
In February, EU Parliamentarian Gigi Becali, the owner of the
Steaua soccer team, stated that he would not accept the transfer of a
soccer player to Steaua because he was allegedly gay. ACCEPT filed a
complaint with the CNCD. In April during a press conference, Becali
tore up the notification received from the CNCD regarding this
complaint and declared, ``There will never be any homosexual player at
Steaua.'' In December the CNCD admonished Becali for statements
defaming the gay community.

Other Societal Violence or Discrimination.--Under the law HIV-
infected persons have the right to confidentiality and to adequate
treatment. However, discrimination against persons with HIV/AIDS
impeded access to routine medical and dental care, and authorities
rarely enforced laws prohibiting this form of discrimination. Breaches
of confidentiality involving individuals' HIV status were common and
rarely punished.
Observers noted widespread discrimination faced by children with
HIV/AIDS and authorities' failure to protect them from discrimination,
abuse, and neglect.
Doctors reportedly refused to treat children and youths with HIV/
AIDS. Medical personnel, school officials, and government employees did
not maintain confidentiality of information about the children.
More than half of HIV-infected adolescents were sexually active;
they frequently experienced reduced access to facilities for
reproductive health care and the prevention of HIV and sexually
transmitted infections. The Government provided access to
antiretroviral therapy; however, stigma and discrimination against
persons with HIV/AIDS frequently impeded their access to education,
other medical care, government services, and employment. Fewer than 60
percent of HIV-positive children and adolescents attended some form of
schooling.
According to the National Commission Fighting against AIDS, at the
end of the year 10,924 persons had HIV/AIDS. During the year 275 new
cases were identified. According to the National Union of Organizations
of Persons with HIV/AIDS (UNOPA), of the 10,000 HIV-positive persons in
the country, more than 7,000 were between the age of 18 and 22. Many of
them were targets of social discrimination. Many of these individuals
were believed to have a low level of formal education because they
dropped out of school due to stigmatization, discrimination, or
disease. UNOPA carried out a project aimed at giving vocational
training to HIV-positive young persons in order to help them find jobs.
In a report published in June that assessed the situation of HIV-
positive persons, UNOPA concluded that many of these persons had to
discontinue treatment because of the insufficient funds for HIV
medications from the National Health Insurance House. The report also
revealed difficulties in accessing dental and gynecology services.
According to UNOPA only a small number of HIV-positive persons had jobs
because of their fear of applying for work and their belief that
coworkers might find out about their disease or that they were not up
to the challenges of regular work.
In September 2009 an NGO filed a complaint with the Iasi Doctors'
Council and the CNCD against a doctor who refused to issue a document
required to assign a place in a student hostel to an HIV-positive
student, arguing the risk of contamination. Although the Doctors'
Council ruled the doctor's action did not constitute an unethical or
discriminatory act, the CNCD decided in November 2009 that the act in
question was discriminatory and sanctioned the doctor with an
admonition.

Incitement to Acts of Discrimination.--There were no reports of
propaganda in government or government-controlled media that attempted
to justify or promote ethnic hatred or violence. However, various
government officials made statements throughout the year that
contributed to ethnic stereotyping of Roma (see section 6, National/
Racial/Ethnic Minorities).
Section 7. Worker Rights

a. The Right of Association.--The constitution allows workers to
form and join independent labor unions without prior authorization, and
workers freely exercised this right. However, employees of the Ministry
of National Defense, most employees of the Ministry of Administration
and Interior, most employees of the Ministry of Justice, prison
personnel, and intelligence personnel did not have the right to
unionize. Approximately 40 percent of the workforce was unionized;
however, that number continued to decline. The majority of unionized
workers belonged to one of the five main national trade union
confederations. Only a small percentage of agricultural workers
belonged to unions.
The right to form unions was generally respected in practice. Union
officials stated that registration requirements stipulated by law were
complicated but generally reasonable. However, unions objected to the
requirement that they submit lists of prospective union members with
their registration application. Since employers also had access to this
list, union officials feared that this could lead to reprisals against
individual unionized employees, hindering the formation of new unions.
The law allows unions to conduct their activities without
interference, and the Government protected this right in practice.
However, unions complained about excessive political influence at
workplaces in public institutions. The alleged interference included
appointment of managers for political reasons and instances where
politically connected managers received prior information about
supposedly unannounced labor inspections.
Although the law permits strikes by most workers, lengthy and
cumbersome requirements made it difficult to hold strikes legally.
Unions may strike only if all arbitration efforts have failed and
employers are given 48 hours' notice. Unions complained that they must
submit their grievances to government-sponsored arbitration before
initiating a strike and that the courts had a propensity to declare
strikes illegal. Companies may claim damages from strike organizers if
a court deems a strike illegal. Judges, prosecutors, some justice
ministry staff, and employees of the intelligence service and the
Ministries of National Defense, and Administration and Internal Affairs
do not have the right to strike.

b. The Right to Organize and Bargain Collectively.--The law
provides workers the right to bargain collectively, but government
control of many industrial enterprises and the absence of independent
management representatives hindered collective bargaining. Only
enterprises employing more than 21 persons may negotiate collective
agreements. Collective labor contracts covered approximately 80 percent
of the workforce at the branch and unit levels. National collective
labor contracts are negotiated every four years. The main employers'
associations, trade unions, and the Government last negotiated a
national collective labor contract for 2007-2010. However, contracts
resulting from collective bargaining were not consistently enforced.
The law has specific provisions against antiunion discrimination,
which were generally respected. However, the International Trade Union
Confederation reported that some companies, including foreign
companies, employed tactics such as spreading antiunion propaganda,
intimidating trade union members, and making employment conditional on
a workers' agreement not to join a union. Public sector employees of
one union federation informed the union that management had threatened
them not to join street protests. Unions stated that many public and
private sector employees were afraid to pursue disputes in court for
fear of losing their jobs.
There are no exemptions from regular labor laws in the country's
six free trade zones and 31 disadvantaged zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that such practices occurred. Persons, primarily local women
and children, and women and children from Moldova, Colombia, and
France, were trafficked within and to the country for begging, and
petty theft. Also see the Department of State's annual Trafficking in
Persons Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws to protect children from exploitation in the workplace;
however, the Government did not consistently enforce these laws in
practice, and child labor occurred.
The minimum age for most forms of employment is 16 years, but
children may work with the consent of parents or guardians at age 15.
The law prohibits minors from working in hazardous conditions. The law
provides a basis for the elimination of hazardous work for children and
includes a list of dangerous work and sanctions for offenders. Parents
whose children carry out hazardous activities are required to attend
parental education programs or counseling and can be fined between 100
and 1,000 lei ($32 to $320) for failure to do so. Persons who employ
children for hazardous tasks can be fined 500 to 1,500 lei ($156 to
$468).
Minors over the age of 15 who are enrolled in school are also
prohibited from performing activities that might endanger their health,
morality, or safety. The activities are included on a list approved in
2007 pursuant to an EU directive. Children under the age of 16 who work
have the right to continue their education, and the law obliges
employers to assist in this regard. Children aged 15 to 18 may only
work six hours per day and up to 30 hours per week, provided their
school attendance is not affected. In practice, however, reports
indicated that many children did not attend school while working.
Minors cannot work overtime or during the night, and they have the
right to an additional three days of annual leave.
Child labor, including begging, selling trinkets on the street, and
washing windshields, remained widespread in Romani communities,
especially in urban areas. Children as young as five engaged in such
activities.
The DGPC in the Ministry of Labor, Family, and Social Protection is
mandated with monitoring and coordinating all programs for the
prevention and elimination of the worst forms of child labor.
Of the 964 confirmed cases of child labor reported in 2009, 604
(62.7 percent) were in urban areas and 360 (37.3 percent) in rural
areas; 434 of the victims were girls (45 percent) and 530 were boys (54
percent); 749 victims (77.7 percent) were under 14 years of age and 215
(22.3 percent) were between 15 and 18. The confirmed cases involved
bonded labor (65 cases), begging (642 cases), victims of domestic
trafficking (42 cases), external trafficking (29 cases), working
without a labor contract (44 cases), forced labor (45 cases),
prostitution (23 cases), working in the street (41 cases), and other
illicit activities (22 cases). See also the Department of State's
annual Trafficking in Persons Report at www.state.gov/g/tip.
The Ministry of Labor, Family, and Social Protection can impose
fines and close factories for child labor exploitation. However,
enforcement of all but extreme violations tended to be lax. Employers
who violated child labor laws were generally fined by the Labor
Inspectorate but were not prosecuted in court. There were no reports
during the year of anyone being charged in court with violating child
labor laws; in practice judges did not consider violations of the child
labor law to be criminal offenses.
The law requires schools to notify social services immediately if
children miss class to work. Social services have the responsibility to
reintegrate such children into the educational system. The Government
conducted information campaigns to raise awareness of child labor and
children's rights among children, potential employers, school
officials, and the general public.

e. Acceptable Conditions of Work.--Beginning in January 2009 the
gross minimum wage was 600 lei (approximately $187) for a full-time
schedule of 170 hours per month, or approximately 3.75 lei ($1.17) per
hour. The minimum wage for skilled workers was 20 percent higher.
During the year the minimum wage was briefly raised to 705 lei ($220 a
month), then reduced to the previous level of 600 lei ($187) in order
to comply with the country's agreement with the International Monetary
Fund (IMF).
In the first six months of the year, based on a new Unitary Salary
Law that came into force on January 1, the minimum wage for public
sector employees was 705 lei ($220) per month. Following the country's
agreement with the IMF, the Government invoked a constitutional
provision for enacting special temporary measures under extraordinary
circumstances to cut salaries of public sector employees by 25 percent
as of July 1.
The minimum monthly wage did not provide a decent standard of
living for a worker and family. The Ministry of Labor, Family, and
Social Protection successfully enforced minimum wage rates. In practice
many employers paid supplemental salaries under the table to reduce
both the employees' and employers' tax burdens. However, this practice
negatively affected employees' future pensions and their ability to
obtain commercial credit.
The law provides for a standard workweek of 40 hours or five days.
Workers are entitled to overtime pay for weekend or holiday work or
work in excess of 40 hours, which may not exceed 48 hours per week
averaged over one month. The law requires a 24-hour rest period in the
workweek, although most workers received two days off per week. The
Ministry of Labor, Family, and Social Protection effectively enforced
these standards. Union leaders complained that overtime violations were
the main problem facing their members, since employees were often
required to work more than the legal maximum number of hours and the
overtime compensation required by law was not always paid. This
practice was especially prevalent in the textile, banking and finance,
and construction sectors. Union officials alleged that a majority of
on-the-job accidents occurred during such compulsory, uncompensated
overtime.
The law provides penalties for work performed without a labor
contract in either the formal or informal sectors of the economy.
Employers who use illegal labor may be jailed or fined up to 100,000
lei ($31,200). During the year enforcement was lax, due not only to
corruption within the Labor Inspectorate but also because both
employers and employees could benefit from lower taxes by working
without a labor contract or by receiving a supplemental salary under
the table.
The Ministry of Labor, Family, and Social Protection is responsible
for establishing and enforcing safety standards for most industries but
lacked trained personnel to do so effectively. Employers often ignored
the ministry's recommendations, which were usually implemented only
after an accident occurred. Workers had the right to refuse dangerous
work but seldom invoked it in practice.

__________

RUSSIA

The Russian Federation has a centralized political system, with
power concentrated in a president and a prime minister, a weak
multiparty political system dominated by the ruling United Russia
party, and a bicameral legislature (Federal Assembly). The Federal
Assembly consists of a lower house (State Duma) and an upper house
(Federation Council). The country has an estimated population of 142
million. Security forces generally reported to civilian authorities;
however, in some areas of the Northern Caucasus, there were serious
problems with civilian control of security forces.
There were numerous reports of governmental and societal human
rights problems and abuses during the year. The restrictions on
political competition and interference in local and regional elections
in ways that restricted citizens' right to change their government
continued. There were reports of: attacks on and killings of
journalists by unidentified persons for reasons apparently related to
their activities; physical abuse by law enforcement officers,
particularly in the North Caucasus region; and harsh and often life-
threatening prison conditions. Arbitrary detention and politically
motivated imprisonments were problems. The Government controlled many
media outlets and infringed on freedoms of speech and expression,
pressured major independent media outlets to abstain from critical
coverage, and harassed and intimidated some journalists into practicing
self-censorship. The Internet remained by and large free and provided
citizens access to an increased amount of information that was not
available on state-controlled media. The Government limited freedom of
assembly, and police at times used violence to prevent groups from
engaging in peaceful protest. Rule of law and due process violations
remained a problem.
Corruption was widespread throughout the executive, legislative,
and judicial branches, and officials often engaged in corrupt
practices. Corruption in law enforcement remained a serious problem.
Political and executive influence on the judicial system was observed
in some high-profile cases. The Government made it difficult for some
nongovernmental organizations (NGOs) to carry out their work.
Unidentified assailants physically attacked NGO leaders who took
positions opposed to government policies or private interests. Security
services and local authorities at times fabricated grounds for legal
justification for searches and raids on civil society groups. Violence
against women and children, including domestic violence, remained a
significant problem. Trafficking in persons continued to be a
significant problem. During the year xenophobic, racial, anti-Semitic,
and ethnic attacks and hate crimes, particularly by skinheads,
nationalists, and right-wing extremists, continued to be significant
problems. There were instances of societal discrimination, harassment,
and violence against religious and ethnic minorities. There continued
to be some governmental and widespread social discrimination against
persons with disabilities, ethnic minorities, and dark-skinned
immigrants. Worker rights were limited. Labor activists reported police
used intimidation techniques against union supporters, including
detention, interrogations, and provocation of physical confrontation.
The conflict between the Government and insurgents, Islamist
militants, and criminal forces in the North Caucasus led to numerous
human rights violations by all parties, who reportedly engaged in
killing, torture, abuse, violence, and politically motivated
abductions, often with impunity. In Dagestan and Kabardino-Balkariya,
the number of attacks on law enforcement personnel increased markedly.
Violence generally decreased in Chechnya and Ingushetiya in comparison
with 2009, but there were some high-profile attacks on regional
government targets. The number of persons killed in the region declined
slightly from 2009; however, the number of injured, especially among
civilians, increased significantly. Thousands of internally displaced
persons (IDPs) in the region lived in temporary centers that failed to
meet international standards.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were reports
the Government or its agents committed politically motivated killings
and other arbitrary killings, particularly in the Caucasus region (see
section 1.g.). In many cases the Government did not punish the
perpetrators.
In the Caucasus areas of conflict, there were numerous killings
during the year by both authorities and militants (see section 1.g.).
On January 20, Tomsk resident Konstantin Popov, who was arrested
for public intoxication, died in police custody after policeman Alexey
Mitayev beat him and shot him in the genitals. Authorities arrested
Mitayev and charged him with assault and abuse of authority. Mitayev
faced 10 years in prison on charges of ``intentional infliction of a
grave injury leading to death by negligence'' and ``exceeding official
powers with the use of force.'' On January 22, the Kremlin fired the
chief of the Tomsk police force, General Viktor Grechman, in reaction
to the killing. First Deputy Prosecutor Aleksander Buksman called for
the control of holding cells for drunks to be transferred to the health
and social development ministry.
The Ministry of Defense reported 14 deaths as a direct result of
hazing during the year (see section 1.c.). However, the Committee of
Soldiers' Mothers estimated the actual number of deaths during the year
due to violence among soldiers, including those who died in hospitals,
upon discharge or because of lack of medical care, to be approximately
2,000. As in past years, human rights observers noted that few of the
persons accused in such incidents were prosecuted or otherwise held
accountable.
According to the publication Kommersant, in May, Roman Suslov, a
21-year-old draftee, was found hanged on a train bound for his military
posting. Although the army claimed he committed suicide, Suslov's body
showed clear signs of violent death and no signs of hanging. Suslov had
sent a text message to his parents on the day of his death warning of
the brutal conditions in the military, writing ``they will either kill
me or make me disabled.'' The authorities opened an investigation only
after repeated demands by his parents.
On May 31, Albert Kiyamov fell to his death out of a fourth story
barracks window, five days after reporting for military duty. Although
the death was ruled a suicide, Kiyamov had endured days of beating and
humiliation at the hands of his sergeant, Sergey Lugovets, against whom
criminal charges were filed.
There was a report of a death during the year related to denial of
medical care in a pretrial detention center. On April 30, Vera
Trifonova died after awaiting trial for more than four months in the
Matrosskaya Tishina pretrial detention center. The lead investigator in
the criminal case against her was charged with criminal negligence.
Human rights observers charged that she was denied treatment for her
worsening condition in order to force her to make a false confession
(see section 1.c.).
No charges resulted from an investigation into the 2009 death in a
Moscow pretrial detention prison of lawyer Sergei Magnitskiy (see
section 1.c.).
On April 12, Moscow judge Eduard Chuvashov was shot and killed in
the stairwell of his apartment in central Moscow. In February he had
imposed stiff sentences on several members of the White Wolves fascist
organization, finding nine of them responsible for 11 killings. This
group was reportedly linked with the nationalist group Combat 18.
Chuvashov had earlier convicted members of another nationalist group of
killing 20 persons and attempting to kill 12 others. At year's end no
suspects were apprehended in the case.
According to the Glasnost Defense Foundation, a number of
journalists were killed during the year, possibly for reasons related
to their professional activities. The Government officially reopened
investigations into the killings of several journalists from previous
years (see section 2.a.), although by year's end there were arrests
only in one case, that of the lawyer Stanislav Markelov and Novaya
Gazeta reporter Anastasiya Baburova. Many of the killings were related
to the conflict in the North Caucasus (see section 1.g.).
On December 23, the Moscow city prosecutor's office filed a
criminal case against Nikita Tikhonov and Yevgenia Khasis, who were
arrested in November 2009 and charged with the January 2009 shooting
death of human rights lawyer Stanislav Markelov and journalist
Anastasiya Baburova. The attack occurred shortly after Markelov held a
press conference to criticize the early parole of Colonel Yuriy
Budanov, who in 2000 raped and strangled an 18-year-old Chechen girl.
The prosecutor's office charged the pair with murder. Both individuals
were reportedly closely associated with the Russian nationalist group
Russian Way.
There were no developments in the January 2009 fatal beating of 20-
year-old activist Anton Stradymov in Moscow. Stradymov was a member of
the National Bolshevik group. He had also participated in a number of
``dissenters marches,'' a form of political opposition protest begun in
2006.
There were no developments in the shooting death in November 2009
by unknown persons of antifascist activist Ivan Khutorskoy.
There were no developments in the October 2009 killing of prominent
Ingush human rights activist Maksharip Aushev or the December 2009
killing of several of his relatives. Despite the promise of
Ingushetiya's president, Yunus-Bek Yevkurov Yevkurov, that there would
be a vigorous investigation of Aushev's killing, no arrests were
reported.
There were no developments in the December 2009 killing of Gennadiy
Prudetskiy director of the charity Social Defense for Victims of
Repression. Investigators believed his shooting death could be related
to his work with the charity.
There were no developments in the cases of Muslim religious
scholars Saihadji Saihadjiev, Nustap Abdurakhmanov, and Akhmed
Hadjimagomedov, who were abducted and killed in 2008 in Dagestan.
Rebel forces committed extrajudicial killings in the conflicts in
the North Caucasus area (see section 1.g.).

b. Disappearance.--Reports of politically motivated disappearances
in connection with the conflicts in the Northern Caucasus continued.
According to Caucasian Knot, an online Russian news agency specializing
in reporting on the Caucasus, there were 52 cases of kidnappings or
illegal detentions in the region, and only 16 of those persons were
confirmed to have returned home (see section 1.g.).

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices; however, there
were numerous, credible reports that law enforcement personnel engaged
in torture, abuse, and violence to coerce confessions from suspects,
and there were allegations authorities did not consistently hold
officials accountable for such actions. There is no law defining
torture, and prosecutors are only able to bring charges of simple
assault or exceeding authority against police suspected of engaging in
torture.
Physical abuse of suspects by police officers usually occurred
within the first few hours or days after arrest. Some of the methods
reportedly used included beatings with fists, batons, or other objects.
A February 2009 report by the commissioner for human rights (ombudsman)
noted that one-third of the complaints submitted to his office involved
human rights violations by law enforcement authorities.
On February 11, police in Bashkortostan detained Dmitry Apanin, a
fifth-year university student. News reports indicated officers mistook
Apanin's severe stutter for evidence of intoxication and took him to a
detoxification center. There, he was allegedly beaten, which resulted
in breaking one of his spinal vertebrae.
On June 17, police in Dagestan beat human rights lawyer Sapiyat
Magomedova at a police precinct after she tried to gain access to a
client.
On August 31, Kstovo police allegedly beat 17-year-old Nikita
Kaftasev, after detaining him on suspicion of committing an unspecified
crime. The boy was dropped off at a city hospital the next morning,
where he underwent emergency surgery; he reportedly sustained permanent
damage to his genitals.
Security forces at times beat journalists and protesters (see
sections 2.a. and 2.b.).
During the year, reports by refugees, NGOs, and the press suggested
a pattern of police beatings, arrests, and extortion when dealing with
persons who appeared to be of Caucasus, Central Asian, African, or
Romani ethnicity.
In June a Moscow court dismissed the case against former Yukos Oil
Company vice president Vasiliy Aleksanyan due to an expiration of the
statute of limitations. Aleksanyan, who was charged with assisting
Yukos in tax evasion in 2006 but never tried, was HIV positive and had
been diagnosed with lymphatic cancer and tuberculosis. He initially was
held in a prison, rather than a hospital, but was released in 2009.
On February 11, the chair of the Investigative Committee--a federal
autonomous investigative body--Aleksandr Bastrykin ordered the
reopening of a 2008 police beating case of several young men near
Moscow's Sokolniki Metro Station. Police reportedly used billy clubs
and electric shock in the beating. According to the Web site
avtonom.org, a case had been opened against the police but later closed
due to a lack of evidence.
There continued to be instances of attacks on political and human
rights activists, critics of government policies, and persons whom the
Government considered supportive of the opposition. For example,
government forces engaged in the conflict in the North Caucasus
reportedly tortured and otherwise mistreated civilians, as well as
participants in the conflict (see section 1.g.).
In March Amnesty International reported an attack on Vadim
Karastelev, a member of the Novorossisk Human Rights Committee. He was
severely beaten by two men outside his home. The attack occurred a day
after his release from police detention, where he had been under arrest
for seven days for an administrative offense--organizing a
demonstration and allegedly disobeying police orders. Karastelev had
earlier distributed leaflets calling for public support for police
reform and support for former policeman Aleksey Dymovskiy, who is
widely known for his Youtube video calling on President Medvedev to
reform the police. According to police in Novorossisk, one person was
detained in connection with the attack, which police investigators
described as an act of ``hooliganism.'' (see section 1.d.).
On October 25, unknown assailants beat Sochi activist Mikhail
Vinyukov with metal rods. He was treated for a concussion, stab wounds,
severe lacerations, and bruises, among other injuries. Observers linked
the attack to Vinyukov's work on anticorruption issues. Vinyukov is the
head of a branch of the NGO White Tape, whose manifesto is to protect
citizen rights and interests. According to the Other Russia Web site,
Vinyukov's life was threatened after he released a recording of a
conversation between the head of the Sochi Resort Service and Tourism
Department, Vladimir Shiroky, and the director of the Lagarevsky Rest
Tourism Company, Galina Panaetova, which lead to Panaetova's arrest for
bribery.
On November 4, unknown assailants attacked environmental activist
Konstantin Fetisov with baseball bats outside his apartment building,
fracturing his skull. Observers linked the attack to Fetisov's
participation in the campaign to preserve the Khimki forest. According
to the Moscow Times, on December 27, police detained Andrei Chernyshev,
Andrei Kashirin, and Vyacheslav Kovalyov in connection with the
beating. Chernyshev, who is a department head of the property
management committee in the Khimki City Hall, is suspected by the
authorities of hiring the other two unemployed men to commit the
beating.
There was no indication the authorities were investigating the
attack on human rights activist and former parliamentarian Lev
Ponomaryov in April 2009.
There was no indication authorities were investigating the April
2009 attack on Stanoslav Yakovlev, a member of the Solidarity
opposition party, or the July 2009 shooting assault on Albert
Pchelintsev, a local anticorruption activist and freelance journalist
from the Khimki region.
In December 2009 police arrested the deputy head of the
Khabarovskiy Kray Prosecutor's Office, Viktor Basov, for allegedly
raping three juvenile girls. An investigator opened a criminal case
against Basov, but the Khabarovsk Kray chief prosecutor refused to
proceed. A federal prosecutor reopened the case, and Basov began his
trial for rape in October.
Reported abuses against military servicemen, particularly
``dedovshchina,'' and the violent hazing of junior recruits in the
military and other security services increased in the first half of the
year. According to military officials, from January through May, such
incidents increased by 150 percent compared with the same period in
2009. The newspaper Vedimosti reported that during the same period,
approximately 1,167 conscripts were hazed. Earlier in the year, the
commander of the Siberian Military District told reporters that there
was no dramatic decrease in such offenses as had been expected by
military officials following the reduction in the period of mandatory
military service to 12 months. Soldiers serving on contracts reportedly
replaced senior soldiers as the main perpetrators of hazing. Such
mistreatment often included beatings and extortion. According to the
chief military prosecutor of the Russian Federation, Sergey Fridinskiy,
more than 2,000 servicemen were convicted during the year of hazing
recruits.
In an interview with Argumenty I Fakty, Chief Military Prosecutor
Sergey Fridinskiy said the number of hazing cases in the armed forces
in 2010 increased by 18 percent over 2009. He believes the increase is
related to a more than double increase in the number of conscripts.
Supervising officers are also to blame, he noted. In 2009 Committee of
Soldiers' Mothers regional committees reported receiving 9,523
complaints of hazing mistreatment of servicemen from 20 regions of the
country, similar to previous years. The complaints mostly concerned
beatings, but also included sexual abuse, torture, and enslavement.
Soldiers often did not report hazing to unit officers or military
prosecutors due to fear of reprisals, since in some cases officers
allegedly tolerated or even encouraged hazing as a means of controlling
their units. Such cases were usually investigated only following
pressure from family members, NGOs, or the media.
Several deaths occurred as a direct or indirect result of military
hazing during the year (see section 1.a.).
On September 16, a young recruit, Andrei Starkov, was found dead in
a military unit in Khabarovsk Krai. Starkov began his military service
in June but was found hanging with no visible injuries. Investigators
stated they had no evidence his death was caused by hazing, but his
girlfriend and parents reported he had shown no signs of suicidal or
abnormal behavior.
During the previous year, seven soldiers had been found hung in
military units in Khabarovsk Krai, and in only one of these cases did
the military accept responsibility for the recruit's death.
There were no developments in the investigation of the October 2009
hanging death of 19-year-old private Denis Kostenko of Volgograd in
Khabarovskiy Kray.
The human rights ombudsman, as well as the Committee of Soldiers'
Mothers, stated there was a growing problem with young men being forced
to sign contracts to serve in the military forces. According to the
Committee of Soldiers' Mothers, 10 soldiers had filed complaints with
their organization regarding being forced to sign military service
contracts.
According to the Committee of Soldiers' Mothers, there were
approximately 2,000 criminal cases related to violence amongst soldiers
filed with the Ministry of Defense during the year. As in the past,
hazing problems were reported to be particularly common in units that
had previously served in areas of military conflict.
Rebel forces engaged in the conflict in the North Caucasus region
reportedly tortured and otherwise mistreated civilians, as well as
participants in the conflict (see section 1.g.).

Prison and Detention Center Conditions.--Prison conditions in many
facilities remained extremely harsh and at times life threatening.
Authorities permitted some monitoring by independent nongovernmental
observers. Refusal by authorities to provide needed medical attention
resulted in at least one death during the year (see section 1.a.). The
Ministry of Justice's Federal Service for the Execution of Sentences
(FSIN) administered most of the penitentiary system from Moscow.
According to an official FSIN prison survey conducted in February,
862,300 persons were in custody, including 8,500 juveniles and 55,300
women. Of these, 734,300 were held in labor colonies and 129,800 in
pretrial detention centers. Detainees were held in five basic forms of
custody: temporary police detention centers, pretrial detention
facilities (SIZOs), correctional labor colonies (ITKs), prisons
designated for those who violate ITK rules, and educational labor
colonies (VTKs) for juveniles.
Conditions in SIZO pretrial facilities varied considerably, but
many remained extremely harsh and posed a serious threat to health and
life. In past years official statistics generally recorded several
thousand prisoner deaths per year in SIZOs. Health, nutrition,
ventilation, and sanitation standards remained low. Overcrowding was
common, but the Federal Prison Service reported that by February,
approximately 129,800 suspects were being held in pretrial detention
facilities, a significant reduction from the previous year.
Sergey Pysin, the lead investigator in the criminal case against
Vera Trifonova who died on April 30 after awaiting trial for more than
four months in Moscow's Matrosskaya Tishina pretrial detention center,
was charged with criminal negligence. Trifonova, a businesswoman,
suffered from severe diabetes, chronic kidney failure, was nearly
blind, and required a wheelchair. Human rights observers claimed she
was denied treatment for her worsening condition to force her to
provide false testimony. President Medvedev ordered an investigation
and the deputy head of the investigative committee for the Moscow
Oblast reportedly was fired.
Russian-born Latvian national Grigoris Spektors, who was accused of
an economic crime, was denied critically needed medical treatment for
diabetes and gangrene in a prison medical facility during the year and
instead was incarcerated in Pretrial Detention Center Number Four. When
Spektors was able to pay five million rubles ($161,000) for bail, the
bail was increased to 18 million rubles ($582,000). Spektors was
subsequently released and was undergoing treatment in Riga, Latvia, at
year's end.
The case of Sergey Magnitskiy, a pretrial detainee who died while
in police custody in November 2009, continued. In July Investigative
Committee Head Aleksandr Bastrykin opened a criminal case against
Interior Ministry (MVD) personnel who had initially overseen the
Magnitskiy case. Authorities were purportedly moving slowly because
important persons were implicated (see section 4).
In January eight prison employees of the IK-1 (penal colony number
1) in Kopeysk, Chelyabinsk Oblast, were charged with brutality for the
beating deaths of four inmates in 2008 while trying to end a riot. In
October 2009 investigators in Chelyabinsk charged the head of the
Oblast's FSIN, Vladimir Zhidkov, and 17 subordinates with deliberately
covering up the killing. Zhidkov faced either a fine of 200,000 rubles
($6,613) or a prison term of two years. A trial began on June 30 and
continued at year's end.
Most convicted prisoners were imprisoned in correctional labor
colonies, which provided greater freedom of movement than SIZOs;
however, at times guards humiliated and beat prisoners, according to
Amnesty International. The country's prisons, distinct from
correctional colonies, are penitentiary institutions for those who
repeatedly violate the rules in ITKs.
Federal standards call for a minimum of approximately 43 square
feet per inmate, which is less than the 75-square-feet standard set by
the European Convention on Human Rights. Widespread overcrowding
remained a problem; however, the NGO Penal Reform International
reported some progress in meeting this standard. President Medvedev
moved to reduce the prison system's chronic overcrowding problem by
issuing more pardons than his predecessor, and in August the Government
implemented a broader use of punishment short of prison for persons
convicted of lesser crimes.
As of July, according to FSIN data, approximately 41 percent of
persons incarcerated in the federal prison system had some type of
illness. However, in August the General Prosecutor's Office stated that
90 percent of inmates have health problems, and there were 1.2 million
cases of illness. Approximately 67,000 inmates had mental disorders,
40,000 had active tuberculosis, and 55,000 had HIV. Statistics for the
number of drug and alcohol addicts in prison were not available for
2010. Tuberculosis infection rates were far higher in detention
facilities than in the population at large. Some defense attorneys
reported the risk of contracting a disease in prison is very high and
that some lawyers feared meeting with their clients for fear of
contracting illness, such as tuberculosis. The European Court of Human
Rights (ECHR) has entered various judgments against the country for
failing to provide adequate medical care and not providing humane
conditions and adequate space per prisoner.
Abuse of prisoners by other prisoners continued to be a problem.
Violence among inmates, including beating and rape, was common. There
were elaborate inmate-enforced caste systems in which certain groups,
including informers, homosexuals, rapists, prison rape victims, and
child molesters were considered ``untouchables'' (the lowest caste) and
treated harshly. Prison authorities provided little or no protection.
As of June 2009, 62 VTKs held 8,500 juvenile prisoners. Conditions
in the VTKs were significantly better than in the ITKs, but some
juveniles in the VTKs and juvenile SIZO cells reportedly were beaten or
raped. While juveniles were generally held separately from adults,
there were two prisons in Moscow and one in St. Petersburg where
children and adults were not separated.
The law regulating public oversight of detention centers allows
public oversight commission representatives to visit the facilities and
has been operational in at least 70 regions since the fall of 2009.
Regional NGOs are active in the commission's work. Additionally, since
the April 2009 signing of a decree by Interior Minister Rashid
Nurgaliyev, human rights groups have been allowed to monitor conditions
of arrest and detention for pretrial detainees.
However, the decree lacked firm instructions on its implementation,
leaving the discretion to cooperate to authorities. The decree also
required that officials be present during any discussions of conditions
with prisoners. The liberal newspaper Noviye Izvestiye reported in
October 2009 that the law had achieved mixed results, with some prison
officials highly cooperative and others obstructionist, although in the
latter case human rights advocates attributed the problem to lack of
education among prison officials about the new law.
Human rights observers were able to visit most of the country's 765
prison and detention facilities. Since 2004 authorities have refused to
grant the International Committee of the Red Cross (ICRC) access under
its standard criteria to persons detained as part of the conflict in
Chechnya, and the ICRC as of year's end still did not have any access
to these detention facilities.
According to the NGO Memorial, during the year the human rights
group Committee of Societal Observers visited detention centers in the
North Caucasus, where they documented continuing abuses.
According to observers, persons convicted for minor offenses may
often spend six months in prison before having a chance for parole.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention; however, in practice they remained problems.

Role of the Police and Security Apparatus.--The Ministry of
Interior, the Federal Security Service (FSB), and the office of the
prosecutor general (Procuracy) are responsible for law enforcement at
all levels of government. The FSB is responsible for security,
counterintelligence, and counterterrorism, but it also has broader law
enforcement functions, including fighting crime and corruption. The
Procuracy has authority over the FSB, and the Investigative Committee,
an independent body, has the authority to investigate crimes of
individuals in the FSB. The national police force, under the Ministry
of Interior, is organized at the federal, regional, and local levels.
In February the magazine New Times published accusations that the
special purpose police detachments (OMON) employed slave labor and had
permission to use excessive force when disbanding unauthorized
demonstrations (see section 2.a.).
On March 10, legislators from the state Duma security committee
sent an official request to Prosecutor General Yuriy Chayka to provide
an explanation for an incident in which the Moscow traffic police used
civilians' vehicles with persons inside as a human roadblock to stop a
car carrying suspected armed criminals. Stanislav Sutyagin, one of the
men whose car was damaged, told his story on Youtube. Sutyagin noted
the traffic police later informed the car owners that since the
criminal vehicle got away, they would not be compensated for their car
damages.
A new law empowered the FSB to issue warnings to individuals whom
they believe to be creating the conditions for a criminal act ``against
the country's security.'' The new law imposes fines and detention of up
to 15 days for individuals judged to have hindered the work of an FSB
employee.
According to the Ministry of Interior Web site, MVD officials
committed 125,000 offenses during the year (21 percent more than in
2009). Of this number, an estimated 63,000 involved misconduct or
disciplinary violations, and 4,171 criminal cases against police
officers were initiated.
On January 22, Aleksey Dymovskiy, a former police officer who
gained notoriety for his Youtube video in which he accused the
Novorossiysk police force of corruption, was arrested and charged with
defrauding the police department of 24,000 rubles ($775). He was held
in pretrial detention for two months, and then released (see section
4).
On July 1, authorities released Tatyana Kazakova, mayor of the
Siberian village of Listvyanka, whom the FSB had arrested in 2008,
accused of abuse of office and election irregularities, and held for
more than two years in pretrial detention. Observers alleged her arrest
may have been ordered in retaliation for her request for a criminal
inquiry into an FSB-owned resort. The federal children's ombudsman,
Pavel Astakhov, called the Government's refusal to allow Kazakova's
children to visit her during detention a ``major injustice'' and
declared she was being persecuted, a charge echoed by the Siberian
human rights ombudsman. Kazakova was found guilty of a felony, but her
six-year sentence was suspended in September.
On August 2, police in Tatarstan detained human rights lawyer
Rustem Vliullin for two days. Vliullin claimed one officer from the
counterextremism department beat him and another officer threatened to
kill him. He was arrested after videotaping police when they stopped
his client for a traffic violation. He was never charged with a crime,
and he filed a suit against the police.

Arrest Procedures and Treatment While in Detention.--By law an
individual may be taken into custody for up to 48 hours without court
approval if arrested at the scene of a crime, provided there is
evidence of the crime or a witness. Otherwise a court-approved arrest
warrant is required. After their arrest, detainees are typically taken
to the nearest police station, where they are informed of their rights.
Police are required to document in writing the grounds for the
detention. This document is to be signed by the detainee and the police
officer within three hours of detention. Police must interrogate the
detainee within the first 24 hours of detention. Prior to interrogation
the detainee has the right to meet with an attorney for two hours. No
later than 12 hours after detention, police must notify the prosecutor.
They must also notify the detainee's relatives unless a prosecutor
issues a warrant to keep the detention secret.
Police are required to release a detainee after 48 hours, subject
to bail conditions, unless a court decides to prolong custody in
response to a motion filed by police no later than eight hours before
the expiration of the 48-hour detention period. The defendant and
attorney must be present at the court hearing. By law police must
complete their investigation and transfer the case file to a prosecutor
for arraignment within two months of a suspect's arrest, although a
court may extend a criminal investigation for up to six months in cases
classified as complex. With the personal approval of the prosecutor
general, a judge may extend that period up to 18 months. According to
some defense lawyers, these time limits were frequently evaded by
formally sending the case to court for adjudication. This action
effectively extends the 18-month time limit.
Amendments to the Criminal Procedure Code adopted in April imposed
new limits on pretrial detention in cases involving ``entrepreneurial''
(i.e., white-collar) crimes. The amendment also widened the definition
of economic crimes and allowed bail to be offered at any time through
real property, rather than cash or securities. While it is difficult to
accurately measure the amendment's impact, available information seems
to indicate a significant decrease in pretrial detention. According to
Russian Supreme Court Justice Lebedev, in the first six weeks after the
passage of the amendment, courts approved less than 50 percent of
detention applications, in contrast to the 90 percent approval rate
prior to the law. According to an editorial in the newspaper Vedimosti,
the total number of accused persons held in pretrial detention dropped
by 10 percent--from 131,400 to 120,100, in the first nine months of the
year. However, some lower courts appeared to disregard the amendments
by simply defining the charged crimes as ``nonentrepreneurial,''
thereby exempting them from the scope of the new law. This disregard
was possibly due to illicit pressure on judges by corrupt business
parties who initially ``commissioned'' the cases.
Legal limitations on detention were generally respected outside of
the North Caucasus; however, there were exceptions. There were reports
of occasional violations of the 48-hour limit for holding an arrestee.
At times authorities failed to write the official detention protocol
within the required three hours after the actual detention and held
suspects longer than the legal detention limits. In April legislation
was adopted to provide remedies in domestic courts for persons with
grievances over prolonged detention (see section 1.e.).
There were reports that police, in obtaining defense counsel for
detainees, obtained defense counsel friendly to the prosecution. These
``pocket'' defense attorneys agreed to the interrogation of their
clients in their presence while making no effort to defend their
clients' legal rights. The general ignorance of legal rights on the
part of both defendants and their legal counsel contributed to the
persistence of these violations. In many cases, especially in more
remote regions, defense counsel was not available for indigent
defendants.
Judges occasionally suppressed confessions of suspects if they were
taken without a lawyer present. They also at times freed suspects who
were held in excess of detention limits, although they usually granted
prosecutors' motions to extend the detention period for good cause. The
Supreme Court overturned a number of cases in which lower court judges
permitted prolonged detention on what the Supreme Court deemed
inadequate grounds.

e. Denial of Fair Public Trial.--The law provides for an
independent judiciary; however, the judicial branch did not
consistently act as an effective counterweight to other branches of the
Government. Judges remained subject to influence from the executive,
military, and security forces, particularly in high profile or
politically sensitive cases, such as the Khodorkovskiy case.
The law requires judicial approval of arrest warrants, searches,
seizures, and detentions. This approval requirement was generally
honored, although the process of obtaining the judicial warrants was
occasionally subverted by bribery or political pressure.
The Investigation Committee, formerly located within the Office of
the Prosecutor General, is now an independent agency, overseeing the
investigation of many serious cases. The Investigation Committee chief
is appointed directly by the president.
Despite recent increases in judges' salaries, reports of judges
accepting bribes continued. For the first half of the year, the Supreme
Qualifying Collegium of Judges removed one judge from office for a
disciplinary offense and warned another. This collegium is charged with
certifying appointments to the judiciary and judges' promotions.
Regional qualifying collegia during this period disciplined 163 judges
for disciplinary violations, including 155 judges of the courts of
general jurisdiction and eight arbitrazh (commercial court) judges. In
addition, a considerable number of judges each year are allowed to
leave office on their own initiative without any question of discipline
being raised formally.
The Supreme Court stated in April that 40 percent of criminal cases
presented to the upper court in 2009 suffered from judicial errors. The
reported main sources of these errors were poor qualifications of
judges in the lower courts and improper classification of crimes as
criminal rather than administrative. The head of the Supreme Court,
Vyacheslav Lebedev, called for stricter selection of future judges,
noting that 60 to 70 judges each year are dismissed.
Authorities did not provide adequate protection for witnesses and
victims from intimidation or threats from powerful criminal defendants.
In May 2009 the Ministry of Interior estimated nearly half of the
approximately 10 million witnesses in criminal cases suffered threats
or violence from criminal elements; they noted the existence of the
witness protection program was little known among the population.
In February 2009 a Moscow judge, Olga Kudeshkina, publicly
criticized Moscow's judicial system, alleging widespread improper
influence on rulings and calling it an ``instrument for settling
political, commercial, or personal scores.'' She was subsequently
dismissed from her position. She appealed her case to the European
Court of Human Rights (ECHR), which in August awarded her 10,000 euros
($13,400).
In June 2009 the Council of Europe issued a report, based on
interviews with judges, prosecutors, defense lawyers, and defendants,
which asserted that judges routinely received intimidating telephone
calls from superiors instructing them how to rule in specific cases,
with particular emphasis placed on delivering convictions at any cost.
The report stated defense attorneys were frequently threatened and
corporations were at the mercy of corrupt law enforcement officials.
Among the cases detailed in the report was one of a Moscow region judge
who was dismissed and told publicly by a United Russia Duma deputy that
she ``ought to be shot'' after voiding the results of a local election.

Trial Procedures.--Trials typically are conducted before a judge
without a jury (bench trials). The defendant is presumed innocent. The
defense is not required to present evidence and is given an opportunity
to cross-examine witnesses and call defense witnesses. Defendants who
are in custody during the trial are confined to a caged area in the
courtroom and must consult with their attorneys through the bars.
Defendants have the right of appeal.
The law provides for the use of jury trials for a limited category
of crimes in higher-level regional courts.
During the year the ECHR on multiple occasions found the country in
violation of provisions of the European Convention on Human Rights
related to trial procedures. The court found 84 violations by the
country involving the right to a fair trial and 29 violations involving
proceedings that exceeded a ``reasonable'' length of time.
According to the Novosti Web site, in December Prime Minister Putin
opined jury trials are ``ineffective'' and can be influenced by clan or
ethnic interests. In 2008 the State Duma enacted, and the president
signed, a law providing that certain crimes, including terrorism,
espionage, hostage taking, and mass disorder, would be heard by panels
of three judges rather than by juries.
In July 2009 the Government began using plea bargaining in criminal
cases. Plea bargains reduced defendants' time in pretrial detention,
reduced the average prison sentence by one third, and allowed courts
and prosecutors to devote their resources to other cases.
Prior to trial defendants are provided a copy of their indictment,
which describes the charges in detail. They are also given an
opportunity to review their criminal file following the completion of
the criminal investigation. Defense attorneys are allowed to visit
their clients in detention, although sometimes conditions reportedly
make it difficult for attorneys to conduct meaningful and confidential
consultations with their clients. Some defense lawyers claimed their
conversations were monitored electronically by informants, and that
sometimes prison authorities didn't provide them with access to their
clients. They also claimed that investigators hired ``pocket
attorneys'' who simply advised defendants to confess, thereby
preventing the defendant from obtaining real legal representation.
The law provides for the appointment of an attorney free of charge
if a suspect cannot afford one; however, this provision was often
ignored in practice. The high cost of competent legal service means
lower-income defendants often lacked competent representation. There
were few defense attorneys in remote areas of the country. Public
centers, staffed on a part-time basis by lawyers, continue to offer
free advice on legal rights and recourse under the law; however, they
are not permitted to handle individual cases. The federal government
funded a limited experimental system of legal assistance for indigent
persons in 10 regions.

Political Prisoners and Detainees.--Authorities selectively
detained and prosecuted members of the political opposition. On
December 31, during a Strategy 31 demonstration for the right of
freedom of assembly, authorities arrested opposition figures Boris
Nemtsov, Ilya Yashin Eduard Limonov, Vladimir Tor, and Konstantin
Kosyakin. Charges ranged from failure to comply with a police directive
to hooliganism.
Human rights organizations and activists also identified the
following individuals during the year as political prisoners: Aleksey
Sokolov, Igor Sutyagin, Zara Murtazaliyeva, Valentin Danilov, Mikhail
Khodorkovskiy, and Platon Lebedev. Igor Sutyagin was released during
the year.
In August, in what his lawyers described as a serious human rights
violation, authorities transferred Aleksey Sokolov, the head of
Sverdlovsk-based NGO Legal Basis, which highlights corruption and abuse
in prisons, to an unspecified Krasnoyarsk Krai penitentiary by order of
the FSIN. On September 5, Sokolov reported that while in transit, the
head of the Novosibirsk detention center beat him. Sokolov stated he
was ordered to put in writing he had initiated the fight. Despite his
injuries, Sokolov did not receive medical attention for eight days.
Sokolov was arrested in May 2009 and convicted on charges of having
committed a burglary five years earlier. Sokolov had received warnings
local authorities would ``find a reason'' to imprison him if he
continued his human rights work (see section 5).
According to his legal representatives, Sokolov had little or no
access to his family and legal representation. Sokolov's case was filed
in the ECHR in December 2009 and was awarded priority status in April.
On December 14, the Sosnovoborsk city court rejected Sokolov's motion
for conditional early release. Despite letters supporting his motion
from the Russian Human Rights Ombudsman, the Helsinki Group, Amnesty
International, and the Russian Public Chamber, the judge reportedly
based her decision on two disciplinary infractions: Sokolov's reading a
book at the wrong time of day and his drinking tea with a cellmate in
remembrance of Sokolov's recently deceased father.
Valentin Danilov continued serving a 13-year prison sentence for
allegedly transferring classified technology to China, although
colleagues and supporters asserted the information in question was
declassified more than a decade before his arrest.
Former Yukos owners Mikhail Khodorkovskiy and Platon Lebedev
continued to serve eight-year prison sentences following their initial
2005 convictions for fraud and tax evasion. Although a number of high-
profile witnesses had testified that the new charges against
Khodorkovsky and Lebedev were baseless, both men were found guilty on
December 30 and subsequently given the maximum possible sentence by the
court. They will be eligible for release in 2017. The ECHR heard
arguments in claims by Yukos against its expropriation by the
Government in March.
The arrest, conviction, and subsequent treatment of Khodorkovskiy
and Lebedev raised concerns about due process and the rule of law,
including the independence of courts. Some observers believed that,
while the original charges against Khodorkovskiy may have had some
merit, he was selectively targeted for prosecution because of his
politics. Others have speculated that he was targeted to strip his
assets and those of Yukos and acquire them on behalf of government and
business interests. A week before the court reached the verdict, Prime
Minister Putin commented about the case that ``a thief belongs in
jail,'' which some observers called pressure on the court.
In March the ECHR agreed to hear Khodorkovskiy's approximately
three trillion-ruble ($98 billion) claim against the Government that
his rights were violated. The damage claimed is the estimated amount
that Yukos would have been worth if its properties had not been
stripped away in 2007.

Regional Human Rights Court Decisions.--By law any person in the
country may bring allegations to the ECHR concerning human rights
violations covered by the European Convention on Human Rights that
occurred after 1998, provided they have exhausted ``effective and
ordinary'' appeals in the country's courts. This condition was usually
satisfied by two appeals (first and cassation) in courts of ordinary
jurisdiction or three (first, appeal, and cassation) in the commercial
court system. The ECHR received more than 40,000 complaints involving
the country. During the year the ECHR ruled against the state in 217 of
415 cases. The Demos Center reported in January 2009 that state
agencies enforced ECHR rulings approximately 60 percent of the time.
When they did, the Government generally paid financial judgments
ordered by the ECHR in a timely fashion; however, it rarely carried out
judicial orders from the ECHR or made corresponding changes in domestic
legislation and practice required by ECHR decisions. The Government
also issued blanket refusals in response to ECHR requests for
disclosure of the domestic case files relating to alleged gross
violations in Chechnya. The ECHR criticized this failure of disclosure.
In March the Government ratified Protocol 14 of the European Convention
on Human Rights, designed to streamline the process by which the ECHR
examines cases and thus reduce its backlog of six to nine years. The
protocol entered into force on June 1.
In May and June, the ECHR ruled that the Government must provide
financial compensation to victims' family members for its complicity in
the 2000 and 2002 killings and disappearances of a number of Chechens
(see section 1.g.).
A Human Rights Watch (HRW) report released in September 2009
concluded that the central government had failed to act on any of the
ECHR rulings that called on it to investigate the 115 rulings on human
rights violations in Chechnya, almost all of which found the country
responsible for serious human rights violations and failure to
investigate the crimes. HRW researched 33 of the cases and found that
the Government had not brought a single perpetrator to justice.
According to HRW, the number of rulings on human rights violations in
Chechnya increased to 150 this year, and in almost all cases, the
authorities refused to investigate.
Persons considering applying to the ECHR for redress of grievances
could be intimidated by a past pattern of harassment toward applicants.
Amnesty International and other human rights groups reported past
reprisals against applicants to the court, including killings,
disappearances, and intimidation. According to press reports and human
rights NGOs, as of September 2009 at least six applicants to the ECHR
had been killed or abducted.

Civil Judicial Procedures and Remedies.--The legislation on
Compensation to Citizens Whose Right to a Fair Trial and Right to
Enforcement of a Judgment within a Reasonable Time Have Been Violated
became law on May 4. The law was expected to reduce the substantial
number of cases brought to the ECHR from Russia, since 30 percent of
these concern the right to a fair trial. The law allows petitioners to
request ``reasonable'' financial compensation for violation of
``reasonable'' time limits in the consideration of criminal and civil
cases, including the enforcement of judgments.
Although the law provides mechanisms for filing lawsuits against
authorities for violations of civil rights, these mechanisms often do
not work well in practice. For example, the law provides that a
defendant who has been acquitted after trial has the right to
compensation from the Government. In reality, however, human rights
activists claimed compensation is avoided through procedural means,
such as leaving cases in pending status, without closing them. As a
result, Russians who believe their civil rights have been violated
typically seek redress in the ECHR, after a Russian court finds against
them.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and it forbids
officials from entering a private residence except in cases prescribed
by federal law or on the basis of a judicial decision. The law also
prohibits government monitoring of correspondence, telephone
conversations, and other means of communication without a warrant and
prohibits the collection, storage, utilization, and dissemination of
information about a person's private life without his or her consent.
While these provisions were generally followed, there were allegations
that government officials and others engaged in electronic surveillance
without judicial permission and entered residences and other premises
without warrants.
Law enforcement agencies have legal access to telephone records,
including personal information of cell phone owners, and require
providers to grant the Ministry of Interior and the FSB 24-hour remote
access to their client databases. In past years, some experts asserted
this access was unconstitutional; however, the practice has not been
challenged in court. Authorities are able to monitor telephone calls in
real time through the Law on Operational Search Activity.
The Government requires Internet service providers to provide
dedicated lines to the security establishment, enabling police to track
private e-mail communications and monitor Internet activity. In January
2009, the Ministry of Information and Communication officially required
telecommunications companies and Internet service providers to allow
the FSB to tap telephones and monitor information over the Internet.
The ministry maintained that no information would be accessed without a
court order. There were no new wiretapping cases during the year.

g. Use of Excessive Force and Other Abuses in Internal Conflicts.--
Violence continued to spread in the North Caucasus republics, driven by
separatism, interethnic conflict, jihadist movements, vendettas,
criminality, and excesses by security forces. Dagestan, Kabardino-
Balkaria, and North Ossetia witnessed a significant increase in
violence, while Ingushetiya, Chechnya, and Karachayevo-Cherkessia saw a
decrease from the previous year. The Government used security forces to
try to impose order, created a regional public council, and allocated
50 billion rubles ($1.5 billion) for social and economic assistance
projects.
Rebels also continued to commit human rights abuses, including
major acts of terrorism.

Killings.--There were numerous killings during the year by both
government forces and militants.
Russian government officials often provided contradictory data on
such casualties, while nongovernmental sources were inconsistent as
well. Russian Federation Deputy Prosecutor General Sydoruk, for
example, stated that as of December, 300 militants had been killed,
including 16 rebel leaders; additionally, the deputy prosecutor stated
that 218 law enforcement and military personnel had been killed and 536
injured in the unrest. This was an 11 percent increase over 2009.
According to other public media reports, there were 918 killings during
the year by both authorities and militants, and nearly 800 civilians
were killed or wounded as well--a 30 percent increase from 2009.
Caucasian Knot, an online Russian news agency specializing in
reporting on the Caucasus, reported that during the year, fighting in
the North Caucasus resulted in 1,710 casualties, the majority of which
occurred in Chechnya, Dagestan, and Ingushetiya. A total of 754 persons
were killed and 956 were wounded; 349 of those killed were alleged
militants, 225 were security service personnel, and the remaining 180
were civilians. Dagestan was the deadliest region in the North
Caucasus. Almost 700 persons were killed or wounded there, and nearly
150 isolated clashes involving security forces and militants took
place, as did more than 100 bombings or explosions.
Among the attacks, on January 6, in Makhachkala, a car carrying 220
pounds of TNT exploded at the gates of a military field camp killing
five policemen and wounding 19. In Chechnya, 37 rebel bombings, 12
suicide bombings, and 62 armed clashes killed 127 persons, including 44
security personnel, 80 rebel insurgents, and three civilians, and
wounded 123 persons, including 93 security officials and 30 civilians.
On October 19, three suicide bombers attacked the Chechen parliament
building, killing two policemen and one watchman.
In North Ossetia, three rebel attacks killed 24 persons, including
two security personnel, two rebels, and 20 civilians, and injured 202
persons, including 35 law enforcement personnel and 167 civilians. On
September 9, a suicide bomber drove a car into the central Vladikavkaz
market and detonated it, killing 19 persons and injuring 160. In
Ingushetiya there were 40 bombings, two suicide attacks, and 103
firefights, which killed 31 security personnel, 63 rebels, and 40
civilians, and wounded 133 government officials and 59 civilians. In
Kabardino-Balkaria, there were 41 bomb attacks and one suicide bombing,
which killed 23 government personnel, 25 rebels, and 31 civilians.
Approximately 16 security personnel and 47 civilians were injured. In
Stavropol three attacks killed two rebels and eight civilians and
injured 79 persons.
Deputy Chechen Interior Minister Roman Edilov reported 87 rebels
were killed in Chechnya, including three rebel military commanders, and
220 had been arrested during the year. On December 20, the Ministry of
Interior estimated 80 rebels had been killed and 180 arrested in the
first 11 months of the year in Chechnya. Both estimates indicated a
decrease in violence from 2009, when 177 rebels were killed and 213
arrested.
Civilians suffered as a result of actions by both rebels and
security personnel. In Dagestan, nine children were killed by stray
gunfire during a counterterrorist operation in the village of Kirovaul
in the Kizilyurt District on December 6.
There continued to be reports of indiscriminate use of force by
security personnel resulting in numerous deaths. Security forces
generally conducted their activities without regard for due process or
civilian casualties and with apparent impunity from investigation or
prosecution for their conduct.
For example, on February 11-12, according to NGO Memorial, security
forces killed at least four civilians in Ingushetiya in the course of
an operation against rebels. The authorities claimed the inhabitants of
the area had been warned in advance of the operation and the four had
been caught in cross fire with terrorists. Memorial cited local
residents as saying they had not been warned and describing the killing
of the victims as separate actions not related to firing on terrorists.
Chechen ombudsman Nurdi Nukhazhhiyev supported the Government's claim
but doubted the objectivity of a government investigation. He alleged
that ``hundreds of crimes committed by the Russian military against
Chechen civilians have not been investigated.''
There were also killings by rebels. For example, on May 13, in
Dagestan, five persons were killed when a vehicle carrying
telecommunications workers was attacked with two bombs and gunfire from
unknown persons, according to a press account. The personnel were on
their way to repair a cell phone tower damaged in a fire the day
before. The gunmen reportedly declared at the end of the attack that as
soon as the communications center was repaired, they would attack it
again.
According to NGO Interfax, on June 8, an official of a madrassa in
Dagestan was shot and killed. Authorities detained a suspect identified
as ``an active supporter of radical Islamism.'' On the same day also in
Dagestan, Interfax reported a judge, Abdurakhyman Gamzatov, was fatally
shot in his home.
On September 7, unknown gunmen in Kabardino-Balkaria ambushed and
killed district judge Dzhulber Bykov in his car. Political observers
tied the killing to Bykov's professional activities.
According to the Glasnost Defense Fund, 12 journalists were killed
during the year. The Web site Journalists-in-Russia.org listed 11
journalists killed, seven of them possibly for reasons associated with
their work (see section 1.a.). Reporters Without Borders listed only
one killing of a journalist.
On May 11, according to the Glasnost Defense Foundation, Shamil
Aliyev, founder and head manager of Priboi and Vatan radio stations and
director of the TNT-Makhachkala television network, was shot and killed
in Makhachkala. Unknown assailants attacked his car with submachine
guns, leaving Aliyev and his bodyguard dead and his driver wounded. No
arrests were made by year's end.
On August 11, according to the Glasnost Defense Foundation, Magomed
Sultanmagomedov, editor in chief of Makhachkala TV, was shot and killed
in Makhachkala, when unknown assailants attacked his car with
submachine guns. No arrests were made in connection with the case.
In November a trial began in Vienna of three persons, Otto
Kaltenbrunner (formerly known as Ramzan Edilov), Suleiman Dadayev, and
Turpal-Ali Yesherkayev, who were alleged to have been accomplices in
the shooting death in Vienna in January 2009 of Umar Israilov.
Israilov, a former bodyguard of Chechen President Ramzan Kadyrov,
became a critic of Kadyrov's rule and filed a complaint with the ECHR
stating he had witnessed Kadyrov torturing prisoners and that Chechen
authorities and Kadyrov had also beaten and tortured him and his
family. According to the European Center for Constitutional and Human
Rights, an expert witness testified at the Vienna trial that Israilov's
alleged killer, Letscha Bogatirov, was promoted by the Kadyrov
government following the assassination as a reward for his actions. The
trial was scheduled to continue in 2011.
There were no arrests or indications of continuing investigation in
the August 2009 abduction and killing in Chechnya of Zarema Sadulayeva
and Alik Dzhabrailov, charity workers who ran the Grozniy-based NGO
Save the Generation.
There were no arrests or indications of a continuing investigation
into the 2008 killing of three Chechen brothers, Zurab, Akhdan, and
Alvi Ilaev, nor was there any indication authorities were investigating
the 2008 killing in Makhachkala of Telman Alishayev, a journalist from
the Islam-focused television station TV Chirkey.
On May 12, the ECHR ruled the Russian government must pay 225,000
euros ($301,500) in compensation for its complicity in the killing of
four Chechens and the disappearance of another.
On June 17, Caucasian Knot reported the ECHR concluded security
authorities were responsible for the disappearances and deaths of seven
Chechens in 2002. The ECHR ordered the Government to pay 470,000 euros
($630,000). Hasan Batayev, Zaur Ibragimov, Magomed Temurkayev, Rizvan
Ismailov, Said-Ali, and Haron Musayevi were taken from their homes in
Grozny by armed masked men. Usman Mavlyueva was kidnapped at a
checkpoint.
There were no reports of further developments in the following 2009
killings of civilians, police, and government officials by rebels or
unknown persons: the March shootout between police and insurgents in
Dagestan in which five officers and 12 rebels were killed; the March
abduction and killing of a police officer in the Vedeno Region of
Chechnya; the April grenade attack on the home of Criminal Police Chief
Alikhan Geroyev of Sunzhenskiy District, Ingushetiya, which killed both
Geroyev and his sister; the June killing of Adilgirey Magomedtagirov,
the chief of the Dagestan Ministry of Interior; the July killing in
Nazran of Magomed Gadaborshev, head of the Ingush Republic's criminal
investigation department; the July shooting death of Isapil Ozdoeyev,
the head of a city-level Ministry of Interior department; the July
abduction, torture, and killing of Batyr Albakov in Ingushetiya; the
August shooting death of Ingush construction minister Ruslan
Amerkhanov; the August killing of 25 persons and wounding of 280 at an
Ingush police station in Nazran; and the August attack in which 10 men
shot and killed four officers in Buinaksk, Dagestan, and then shot and
killed seven women in a nearby sauna.
Federal forces and their opponents in Chechnya made extensive use
of antipersonnel mines in Chechnya. During the year the estimated area
in Chechnya covered with mines ranged from 34,600 to 59,300 acres,
according to Kommersant and Nezavisimaya Gazeta.

Abductions.--Government personnel, rebels, and criminal elements
continued to engage in abductions in the North Caucasus. Officials and
observers disagreed on the numbers of victims. Human rights groups
believed the numbers of abductions were underreported due to the
reluctance of victims' relatives to complain to authorities due to fear
of reprisal. According to a report on the Web site Caucasian Knot,
during the year approximately 50 persons were kidnapped or unlawfully
detained by armed parties in the North Caucasus, and only 16 were
freed. Allegedly, there was no accountability for government forces
involved in abductions. There were continued reports abductions were
followed by beatings or torture to extract confessions and that
abductions were conducted for political reasons. Criminal groups in the
region, possibly with links to rebel forces, frequently resorted to
kidnapping for ransom.
On March 3, according to the Investigation Committee, a special
unit for missing persons was set up in Chechnya and received reports
regarding the kidnapping of more than 200 persons by military and MVD
personnel between 1999 and 2003.
At the same time, security forces under the command of Chechen
President Kadyrov allegedly played a significant role in abductions,
either on their own initiative or in joint operations with federal
forces. Human rights groups reported these forces were frequently
suspected of being responsible for disappearances and abductions,
including those of family members of rebel commanders and fighters.
Security forces in Chechnya, Dagestan, and Ingushetiya frequently
abducted or detained individuals for several days without immediate
explanation or charge, according to human rights groups. Caucasian Knot
reported that rather than issuing a summons for criminal offenses,
security forces preferred to seize suspects at home or while traveling.
On May 13, according to the NGO Memorial, police in Ingushetiya
arrested Magomed Garbakov after security forces partially destroyed his
home during a search in which approximately 217,000 rubles ($7,000) and
personal items were reportedly stolen. Garbakov has not been seen
since, and his family has not been informed of the charges against him.
On August 8, Russian and Ingush security forces raided the home of
the Mutsolgov family and abducted 15-year-old Magomed Mutsolgov,
beating his father in the process. The child was held for two days and
reportedly tortured with electric shocks. Caucasian Knot noted the case
might be related to Magomed's older brother, who was killed by the FSB
in July.
In October 2009 a procurement and logistics assistant for the
Danish Refugee Council, Zarema Gaisanova, was abducted from her home in
Grozniy. Amnesty International asserted that law enforcement officials
carried out the abduction. Her whereabouts remained unknown at year's
end. The Danish Refugee Council (DRC) reported that eye-witnesses and
other human rights organizations stated that a special security
operation involving either Chechen leader Ramzon Kadyrov or a security
unit named after him took place, in which Zarema Gaisanova was taken
away in a military vehicle. The NGO Memorial criticized the criminal
investigation into the matter as poorly executed and incomplete. The
DRC met in April with the Russian Ombudsman for Chechnya, who stated
that he would look into the disappearance, but there was no further
information on his efforts.
An investigation continued into the abduction in St. Petersburg in
December 2009 of two brothers and two uncles of slain activist
Maksharip Aushev.
There were no developments in the 2008 abduction case of
Mokhmadsalakh Masaev, a Muslim preacher accused of ``salafism.''

Physical Abuse, Punishment, and Torture.--Armed forces and police
units reportedly frequently abused and tortured persons in holding
facilities where federal authorities sorted out rebels and persons
suspected of aiding them from civilians.
In Chechnya and Ingushetiya, there continued to be reports of
torture by government forces.
For example, on April 27, police in Ingushetiya detained 20-year-
old Zelimkhan Chitigov. He was held for two days before being charged
with weapons possession, for a grenade found in his room, which his
family maintained was planted by police. According to NGO Memorial,
Chitigov was brutally beaten while in custody and subjected to electric
shocks and other forms of torture. Chitigov remained in police custody
but in a hospital, where he was being treated for brain and spinal cord
injury, burns, and other serious injuries.
There was a report of a continued arson campaign. The Chechen arson
campaign began in 2008 following explicit threats by Chechen President
Kadyrov and by Grozniy Mayor Muslim Khuchiyev of burning down houses
belonging to families whose sons were suspected of joining the
insurgency. Human rights activist Natalya Estemirova was working on a
documentary on the arson campaign when she was killed in July 2009 (see
section 1.a.). According to the testimony of Human Rights Watch
representative Tanya Lokshina, the latest incident in the arson
campaign occurred in Shali on March 16.
The Independent Commission on Human Rights in the Northern
Caucasus, headed by the chairman of the State Duma Committee on
Legislation, continued to hear hundreds of complaints, ranging from
destruction or theft of property to rape and killing; however, the
commission was not empowered to investigate or prosecute alleged
offenders and referred complaints to military or civil prosecutors.
Almost all complainants alleged violations of military discipline and
other crimes by federal and Chechen Republic forces.
Chechnya Human Rights Ombudsman Nurdi Nukhazhiyev continued the
practice of his predecessor in not cooperating with the area's leading
NGO, Memorial.

Other Conflict-Related Abuses.--Throughout 2009 security forces
conducted security sweeps and passport checks at temporary settlements
in Ingushetiya housing IDPs from Chechnya (see section 2.d.). At times
these sweeps reportedly led to human rights abuses or disappearances.
In February 2009 the Office of the UN High Commissioner for Refugees
(UNCHR) reported that Chechen authorities had begun visiting
approximately 2,500 Chechen IDPs in 22 temporary shelters in
Ingushetiya and urging them to return to Chechnya, sometimes with
verbal threats. The UNHCR reported different forms of pressure on IDPs
continued during the year.
Human rights groups visited illegal detention centers for
internally displaced persons in Chechnya and other locations in the
North Caucasus where they documented continuing abuses. Chechen
Republic security forces reportedly maintained secret prisons in
Tsentoroi, Gudermes, and other locations. HRW reported that it had
detailed descriptions of at least 10 unlawful detention facilities.
Human rights groups reported that officers of the federal Ministry of
Interior's Second Operational Investigative Bureau illegally detained
and tortured persons in its Grozniy offices.
Authorities this year continued to refuse to grant the Red Cross
access, under its standard criteria, to persons detained as part of the
conflict in Chechnya. This denial has been in effect since 2004.
Section 2. Respect For Civil Liberties, Including:
a. Freedom of Speech and Press.--The constitution provides for
freedom of speech and of the press; however, in practice government
pressure on some media persisted in coverage of select controversial
issues, resulting in numerous infringements of these rights.
While the Government generally respected citizens' right to freedom
of speech, state-controlled media frequently ignores critical voices
with regard to the conduct of federal forces in the North Caucasus,
human rights, high-level corruption, and opposition political views.
Some regional and local authorities took advantage of the judicial
system's procedural weaknesses and overly broad laws to detain persons
for expressing views critical of the Government.
On July 7, authorities formally charged Oleg Orlov of the NGO
Memorial with ``slander'' for accusing Chechen President Ramzan Kadyrov
of complicity in the 2009 killing of human rights activist and
journalist Natalya Estemirova. Human rights advocates and international
observers criticized the case against Orlov as an infringement of free
speech. On September 13, Orlov went on trial in the Khamovnicheskiy
Court in Moscow; Orlov's trial was scheduled to continue in 2011.
With some exceptions, judges appeared unwilling to challenge
federal and local officials who sought to prosecute critics. These
proceedings on occasion resulted in large fines.
On September 16, the state-owned news agency RIA Novosti refused to
allow the members of the newly established opposition coalition, For
Russia without Tyranny and Arbitrariness, to hold a press conference on
the agency's premises. While the agency had previously agreed to lend
its premises, it cancelled the event an hour and a half before its
scheduled time. Opposition figures claimed the cancellation was
politically motivated.
In some cases the Government used direct ownership, or ownership by
large private companies with government links, to control or influence
some major national media and regional media outlets, especially
television. During the year the Government reportedly used its leverage
to restrict dissemination of information about issues deemed sensitive,
including coverage of opposition political parties and official
corruption. Several times during the year, there were reports on Ekho
Moskvy and other independent media outlets about self-censorship in the
television media, particularly on issues critical of the Government.
Print, Internet and radio media were more free and independent in
comparison. Russian television journalist Leonid Parfyonov decried
self-censorship in the media, stating in a November speech that
``journalists are not journalists at all, but bureaucrats, following
the logic of service and submission.''
International observers criticized the unbalanced access to the
media, particularly television, for candidates in local elections in
March and October, noting that, as in previous elections, United Russia
candidates were given favored media access. Observers also noted
numerous press freedom abuses, including harassment of media outlets,
legislative limitations, lack of equal access to information, and
arbitrary application of rules.
More than 60 percent of the country's 45,000 registered local
newspapers and periodicals were owned directly by the Government or by
state-owned/state-controlled companies. The largest daily newspaper was
independently owned, but several other influential national newspapers
were owned by the Government, by persons with ties to the Government,
or by state-owned companies. Many publications without government
connections maintained editorial independence and resisted selective
attempts by the Government to influence their reporting.
The federal government owned one of the six national television
stations and had a controlling interest in one other; state-owned or
state-affiliated companies owned controlling interests in three others;
and the Moscow city administration owned the sixth. Approximately two-
thirds of the other 2,500 television stations in the country were
completely or partially owned by the federal and local governments. As
a result, the television media often offered constrained editorial
content, in particular, avoiding any content critical of the
Government.
International media continued to face some impediments to their
ability to operate freely. Since 2007 authorities have curtailed
stations broadcasting Radio Free Europe/Radio Liberty (RFE/RL) and
Voice of America (VOA) news programs, except for stations in Moscow and
St. Petersburg, which continued to broadcast RFE/RL and VOA programs.
Government-controlled media consistently provided one-sided
coverage of President Medvedev and Prime Minister Vladimir Putin.
The Government maintained ownership of the largest radio stations,
Radio Mayak and Radio Rossiya, both of which adhered to government
positions in their news reporting. Ekho Moskvy radio, despite being
majority-owned by the state-controlled corporation Gazprom, provided
broader coverage and independent editorial comment, often sharply
critical of the Government, and a platform to members of the
opposition. The Government also owned the national news agencies ITAR-
TASS and RIA-Novosti.
According to the media freedom NGO Glasnost Defense Foundation
(GDF) there were 58 attacks against journalists during the year,
approximately the same level as in 2009. In most cases, according to
the GDF, the mistreatment appeared to have been at the initiative of
local officials.
A number of journalists were assaulted and several were killed
during the year; frequently the attacks were directly related to the
journalists' professional activities, although it was not always clear
whether this was the case. According to the GDF, this year 12
journalists were killed, although other sources listed fewer. Most
cases of high-profile killing and kidnapping of journalists were
unresolved. In March 2009 the Center for Journalism in Extreme
Situations reported 40 cases of unresolved killings of journalists
since 2003. NGOs supporting independent media characterized beatings of
journalists by unknown assailants as ``routine,'' noting that those who
pursued investigative stories on corruption and organized crime found
themselves at greatest risk.
For example, on May 31, police in Moscow detained and allegedly
beat Gazeta.ru correspondent Aleksandr Artemyev for attending an
opposition rally in support of freedom of assembly. The rally had been
prohibited by Moscow city authorities. Police broke Artemyev's arm in
two places. His attempts to seek criminal prosecution of the police
were not successful.
On April 26, unidentified assailants in Sochi severely beat Arkadiy
Lander, editor in chief of the local newspaper Mestnaya. He suffered
severe head injuries and was hospitalized. Lander's colleagues believed
that the attack was in response to the newspaper's frequent criticism
of city authorities and corruption. The police investigation into the
attack produced no results by year's end.
On May 18, an unknown attacker in Tomsk fired several shots from a
nonlethal weapon at Mark Minin, director of a local television station,
without attempting to rob him. According to Minin, the attack could
have been ordered by individuals he featured on his television
programs.
On November 6, journalist and blogger Oleg Kashin was severely
beaten outside his Moscow home by two attackers. It is possible that
the attack was connected to his work, as he had reported on the
controversial Khimki Forest road construction project and Kremlin-
sponsored political youth movements and had engaged in a public dispute
with Pskov Governor Andrei Turchak. He also exposed Russian Youth
Agency Head Vasiliy Yakemenko's alleged indiscretions with an underage
girl. The Young Guard, a Kremlin-based youth group, had publically
threatened Kashin on its Web site, citing the journalist in a column
headlined ``Journalist-Betrayers Should Be Punished.'' President
Medvedev ordered the Prosecutor General's Office and the Interior
Ministry to investigate. There were no arrests by year's end.
On November 4, Khimki Forest opposition activist Konstantin Fetisov
was attacked with a bat and suffered a skull fracture after leaving a
police station following questioning by the police regarding Khimki
Forest protests. Fetisov remained in a coma, and three persons were
arrested in connection with the attack.
On November 5, the editor of the Saratov Journal, Sergey
Mikhayilov, was attacked. According to the Guardian newspaper,
following a critical news story, Mikhayilov stated that a member of the
Duma texted him: ``Your activity will not be without consequences.''
Police stated that they do not believe the attack was related to
Mikhayilov's work.
On November 8, two men attacked Zhukovsky Vesti reporter Anatoly
Adamchuk outside his newspaper's offices. He was hospitalized with a
head injury, and his thumb drive was stolen. According to Adamchuk's
colleagues, he stated that the attackers repeatedly stated the name of
his newspaper while beating him. Adamchuk had written about the felling
of local forests prior to an on air show. Moscow police claimed that
Adamchuk faked this attack and hired two persons to stage it.
The Murmansk Interior Criminal Investigation Department announced
they believed that the January 2009 shooting death in Murmansk of
Shafiq Amrakhov, editor of the online news site RIA-5151, was connected
to his business activities and not his work as a journalist. Amrakhov
was shot in the stairwell of his home.
There were no developments in the investigation into the March 2009
death of Sergey Protazanov, journalist for the newspaper Grazhdanskoye
Soglasie (Civic Agreement), who was attacked by unknown assailants in
the Moscow suburb of Khimki. His colleagues indicated that he had been
working on a story about the local administration's alleged violations
of electoral law.
There were no developments in the investigation into the April 2009
attack on Vyacheslav Yaroshenko, editor in chief of the Rostov-on-Don
newspaper Korruptsiya I Prestupnost (Corruption and Crime). Yaroshenko
died of his injuries in June 2009. His colleagues believed he was
killed in revenge for his investigative reporting on corruption among
local authorities.
On February 26, the lead investigator of the abduction and killing
in July 2009 of prominent journalist and human rights activist Natalia
Estemirova announced that authorities knew who had killed her but were
unable to make an arrest.
There were no developments in the investigation into the August
2009 shooting death of Dagestani journalist Abdulmalik Akhmedilov in
Makhachkala by unknown assailants. Akhmedilov had criticized federal
forces and local law enforcement officers for suppressing religious and
political dissent; he was also known for his investigative reporting
into assassinations of Dagestan officials.
There were no developments in the investigation into the November
2009 death Olga Kotovskaya of Kaskad TV in Kaliningrad, who fell from
the 14th floor of a building. Kotovskaya had just won a court case to
regain control of her television station, which had a reputation for
objective news reporting. Officials initially claimed that her death
was suicide but a week later opened a criminal investigation for
killing.
In May two men went on trial in Dagestan charged with the 2008
killing of Gadzhi Abashilov, head of the local branch of the Russian
State Television and Radio Company in Makhachkala. In June the Dagestan
Supreme Court ordered further investigation into the case, citing legal
violations by the investigators. In August investigators released both
suspects from custody, stating that the maximum allowable term of
pretrial detention had expired. Law enforcement authorities and
Abashilov's colleagues believed that his killing was related to his
journalistic work, including his reporting on the situation in
Dagestan.
There were no reports of progress in the following cases: the 2008
attack on Miloslav Bitokov, editor in chief of the Gazeta Yuga
newspaper in the North Caucasus Republic of Kabardino-Balkaria; the
2008 beating of independent Khimki journalist Mikhail Beketov,
publisher of the weekly Khimkiskaya Pravda; the 2008 beating of several
journalists during a series of protests over planned increases in
tariffs on imported cars; and the 2008 attack on Zhanna Akbasheva, a
correspondent for the Regnum News Agency in Karachay-Cherkessia, who
wrote about corruption and press freedom issues.
In June the Investigative Committee, formerly under the
Prosecutor's Office extended the term of the investigation into the
2006 killing of prominent investigative journalist Anna Politkovskaya
until February 2011. The Investigative Committee announced that it had
identified more suspects in the case, and asked a number of EU
countries for help apprehending them. In October the Investigative
Committee charged Sergey Khadzhikurbanov, a former police officer who
is serving a prison term for extortion, with organizing the killing of
Politkovskaya. Khadzhikurbanov was among the three defendants acquitted
of the same charges in 2009. In June 2009 the Supreme Court overturned
a February 2009 lower court decision to acquit four suspects, including
former FSB officer Pavel Ryaguzov in Politkovskaya's killing.
In April the Investigative Committee maintained that the suspected
perpetrator of the 2004 killing of Paul Klebnikov, the former editor in
chief of Forbes Russia, remained at large. The Prosecutor's Office
reactivated the formerly frozen investigation into the journalist's
death. Suspects Musa Vakhayev and Kazbek Dukuzov were found not guilty
of the killing in 2006. Marat Valeyev, another defendant in the case,
was cleared of the charges and released from custody in December 2009.
On September 16, the Investigative Committee resumed its
investigation into the 2003 death of Yuriy Shchekochikhin, a member of
the State Duma and deputy editor of the newspaper Novaya Gazeta.
Investigators exhumed Shchekochikhin's body and unsuccessfully tested
tissue samples to detect any signs of poisoning. Investigators
initially had endorsed official findings that Shchekochikhin died of an
allergic reaction to an unknown substance. At the time of his death,
Shchekochikhin was investigating allegations of FSB responsibility for
a series of 1999 apartment building bombings and the purported
involvement of senior security officials and the prosecutor general's
office in smuggling goods through FSB storage facilities.
Government officials occasionally responded to negative coverage by
taking legal action against journalists and media outlets. Although the
law prohibits courts from imposing damages in libel and defamation
cases that would bankrupt a media organization, one NGO reported that
local courts did not always respect the law in practice.
On March 29, a court in Tula ordered the local newspaper Rubezh to
pay 500 thousand rubles ($16,100) to settle a libel case filed by Tula
Region Governor Vyacheslav Dudka in connection with a story the
newspaper published about corruption in the local government.
On September 2, police conducted the latest of several raids on the
offices of New Times magazine that were connected with an article,
entitled ``Slaves of the OMON,'' alleging abuses and corruption within
the OMON (special purpose police units). The article included
interviews with unnamed sources within OMON; police demanded that the
magazine turn over documents and recordings that would identify the
sources. On May 12, the Moscow City Court, concurring with an earlier
Tverskoy District Court decision, ordered the seizure of the documents
and recordings as evidence in a libel case authorities brought against
the magazine. The New Times' editor provided a transcript of the
interviews to the police during the raid, but refused to name the
sources or surrender the recordings, citing laws providing for
protection of journalists' sources.
On September 8, Sergey Mikhaylov, editor in chief of the Altai
region newspaper Listok, which is often critical of regional
authorities, went on trial on charges of libel and inciting ethnic
hatred based on two articles that contained phrases that local
authorities deemed offensive. Investigators searched Mikhaylov's
apartment and confiscated his computer. Mikhaylov's colleagues argued
that the case against him was politically motivated.
On September 9, the Supreme Court of Dagestan rejected a lawsuit
filed by local authorities in June 2009 seeking to shut down the
independent Dagestan weekly Chernovik because of its alleged support
for extremist views. In April, a court rejected a suit by the former
chairman of the Presidential Council for Human Rights, Ella Pamfilova,
against the newspaper Nezavisimaya Gazeta, claiming that the paper had
insulted her honor, dignity, and reputation. The court's decision
reaffirmed the right of the press to criticize the Government and the
manner in which members of the Government perform their duties.
In January the Moscow prosecutor's office reversed the Moscow city
police directorate's refusal to open a libel case filed by Chechen
leader Ramzan Kadyrov against Novaya Gazeta editor in chief Dmitriy
Muratov and three other journalists of the newspaper for publishing an
investigative article in February 2009 about the killing in Vienna of
Kadyrov's former bodyguard, Umar Israilov (see section 1.a.). Kadyrov
dropped his case in February after the first court session.
On January 19, prosecutors in Samara closed a criminal case against
Sergey Kurt-Adzhiyev, the editor of the local edition of Novaya Gazeta,
who was fined 15,000 rubles ($496) in 2008 for using unlicensed
software on his office computer. Kurt-Adzhiyev appealed the sentence,
and further examination of the case ordered by the court revealed
prosecutorial violations, as well as new exculpatory evidence. However,
the Samara edition of Novaya Gazeta continued to be unable to publish;
investigators confiscated all of its computers in 2007.
Officials at all levels used their authority, sometimes publicly,
to restrict or limit the effectiveness of journalists who criticized
them. One method was to deny the media access to events and
information, including denying filming opportunities and statistics
theoretically available to the public. On May 16, police prevented a
correspondent of the GTRK Kuban television station from covering a
public rally in Krasnodar. The correspondent was taken to a police
station and released after several hours. On May 31, police in Moscow
detained several journalists, including correspondents of New Times,
Radio France Internationale, Novaya Gazeta, and ITAR-TASS, who
attempted to cover a rally in support of freedom of assembly that had
been prohibited by city authorities.
There were no known cases of reporters being detained in Chechnya.
Journalists in Chechnya, however, continued to face pressure and
restrictions. There were minor instances of journalists being briefly
detained in other North Caucasus republics. The editor of the Dosh
journal, Israpil Shovkhalov, was briefly detained on March 9 by the
authorities in Ingushetiya. A correspondent of the weekly publication
New Business was detained on March 2 for a short time while covering a
protest in Makhachkala. The Government continued to use legislation and
decrees to curtail media freedom. The law provides an expansive
definition of extremism and gives law enforcement officials broad
authority to suspend media outlets that do not comply with the law's
restrictions. Media freedom advocates asserted that officials used the
law to restrict criticism and label independent reporters as
extremists. Authorities may close any organization deemed extremist by
submitting charges to a court, which the organization concerned cannot
challenge.
As in previous years, the antiextremism law was applied to media
outlets and activists. Novaya Gazeta was warned for an article
examining Russia's right-wing radical groups, and Vedemosti was warned
for an article on female suicide bombers. These warnings discouraged
coverage of these controversial topics by other news outlets.
The Justice Ministry continued to expand its list of ``extremist''
materials during the year to include more than 700 items, up from 467
in 2009. The list included materials produced by Jehovah's Witnesses
and Scientologists; the works of Muslim scholar Said Nursi; a picture
of Winnie the Pooh wearing a swastika; a flag with a cross; and the Web
site Samizdat, which was similar to Wikipedia and which had more than
500,000 subscribers. Some analysts asserted that the vague definitions
of ``extremism'' were expanding the list to the point of discrediting
the concept altogether.
Officials or unidentified individuals sometimes used force or took
extreme measures to prevent the circulation of publications not favored
by the Government. For example, on March 10, police in Vladimir seized
copies of the newspaper Vechernaya Ryazan, which carried campaign
advertising by the local branch of the Russian Liberal Democratic
Party. The police claimed that the publication of advertising involved
legal violations. On March 17, prosecutors in Vladivostok seized copies
of the local opposition newspaper Protestnoye Dvizheniye, which
published an open letter to the local prosecutor. On May 28, police in
Kemerovo stopped a vehicle carrying copies of the local newspaper
Sovetskiy Kuzbass and seized all the copies, claiming that the
newspaper's issue included articles with extremist content. On
September 7, police in Korolev seized copies of the newspaper
Khimkinskaya Pravda, stating that the newspaper had to be ``checked for
extremist material.''
Copies of the report Putin. Results. 10 Years, written by former
deputy prime minister Boris Nemtsov and former deputy energy minister
Vladimir Milov, were confiscated on several occasions. On August 25,
local police from Murmansk detained two activists from the Solidarity
opposition movement when they attempted to transfer the publication
from a train to their vehicle. Approximately a thousand copies
reportedly were confiscated by the Murmansk police for analysis for the
presence of ``extremist literature.'' Police in St. Petersburg
confiscated 200,000 copies of the publication on June 15 and 17 but
later released them after determining that the literature was not
extremist.
According to the GDF and other media NGOs, authorities continued to
engage in selective investigations into intellectual property rights
violations (i.e., use of pirated software) to confiscate computers and
pressure opposition media across the country. On September 13,
Microsoft announced that it would create a unilateral software license
for NGOs and independent media in a number of countries, including
Russia, to prevent authorities from using antipiracy enforcement as a
pretext to pressure NGOs.
A 2006 warning to the media against referring to the National
Bolshevik Party without indicating that it was banned remained in
place. The media were informed that omitting to mention the party's
illegality could be considered dissemination of false information and
lead to the ``application of restrictive, precautionary, and preventive
measures.''
According to the GDF and media NGOs, some authorities used the
media's widespread dependence on the Government for transmission
facilities, access to property, and printing and distribution services
to discourage critical reporting. The GDF reported that approximately
90 percent of print media organizations relied on state-controlled
organizations for paper, printing, or distribution, and many television
stations were forced to rely on the Government (in particular, regional
committees for the management of state property) for access to the
airwaves and office space. The GDF also reported that officials
continued to manipulate the price of printing at state-controlled
publishing houses to apply pressure on private media rivals. It noted
that this practice was more common outside the Moscow area.

Internet Freedom.--The Government did not restrict access to the
Internet. Internet use in Russia grew exponentially during the year to
between 40-50 million users. There was a growing use of social
networking, blogs, and increasing reliance on the Internet as an
alternative news source. Individuals and groups could generally engage
in the peaceful expression of views via the Internet, including by e-
mail, but traffic reportedly was monitored by the Government. The
Government continued to employ a ``system for operational investigative
measures,'' which required Internet service providers to install, at
their own expense, a device that routes all customer traffic to an FSB
terminal. The system enabled police to track private e-mail
communications, identify Internet users personally, and monitor their
Internet activity. Although legislation formally protects individual
privacy, prohibiting wiretapping of any kind without a court order,
there appeared to be no mechanism to prevent FSB access to e-mail
traffic or private information. Authorities were not required to give
telecommunications companies or individuals documentation on targets of
interest prior to accessing information.
There was widespread and growing access to the Internet through
home, work, and public venues. Approximately 35 to 40 percent of adults
had Internet access with a far larger percentage in Moscow and St.
Petersburg. In contrast to other forms of media, the law does not
require sites to register as mass media, and unregistered sites were
not subject to administrative sanctions. Internet forums, including
blogging services, increasingly served as the most open media vehicles
in the country for expressing political views. Nonetheless, some
bloggers were investigated or charged for their Internet postings based
on extremely broad definitions of prohibited activities, such as
``extremism'' or inciting hatred, as well as libel. In addition the law
allows authorities to hold bloggers liable for comments that others
post on their blogs. In April 2009 authorities issued warnings to mass-
information Internet sites against negative coverage of government
news.
On August 10, police in Ufa arrested bloggers Nikolay Shvetsov,
Sergey Orlov, Konstantin Nesterov, and Igor Kuchumov on charges of
extremism and fomenting ethnic hatred in their blogs for quoting a book
criticizing Bashkortostan President Murtaza Rakhimov.
On July 28, a court in Komsomolsk-na-Amure ordered the local
Internet service provider Rosnet to block access to five popular Web
sites, including You Tube and web.archive.org, which authorities stated
contained extremist video materials and Adolf Hitler's Mein Kampf.
Rosnet appealed the verdict, and in September the higher court altered
the controversial ruling and listed particular pages with ``extremist
materials'' that have to be blocked instead of the whole resource.
On June 15, the Supreme Court issued a ruling that allows
authorities to demand that media organizations remove from their Web
sites material posted by users that authorities deem extremist,
slanderous, or liable to incite hatred. At least four bloggers were
investigated or prosecuted during the year, according to Reporters
Without Borders.
On May 15, authorities shut down a discussion community on the
popular social network VKontakte that discussed the consequences of the
deadly accident at the Raspadskaya coal mine. According to the GDF, law
enforcement officers demanded that popular blogger Marina Litvinovich,
who managed the community, provide them with the site password, which
they used to make the community unavailable for access.
On March 19, authorities ordered the Web site March 20 to close
down for publishing ``extremist'' content. The Web site published
information about plans for Day of Wrath protest rallies in various
cities held by opposition movement activists. According to RiaNovosti,
Solidarity movement member Olga Kumosova claimed that the site was used
for the purpose of planning protest slogans and the closure was
illegal.
On January 15, the Tatarstan Supreme Court confirmed the sentence
issued to Tatar writer and journalist Irek Murtazin. In November 2009 a
court in Kazan sentenced Murtazin to 21 months in prison on charges
brought by Tatarstan President Mintimer Shaimiev that included
``disseminating false information'' about the president and ``violating
his privacy'' by suggesting in a 2008 blog that Shaimiev had died while
vacationing in Turkey.
According to the Global Voice Online Web site, there were multiple
instances of Internet censorship during the year. In July the
Ingushetiyan authorities were able to block the popular blogging site
LiveJournal on a local Internet server, and in August the local
authorities blocked the Tulksiye Pryaniki Web site that was critical of
the authorities. After the December 11 ethnic riots in Manezh Square in
Moscow, the popular Vkontakte Web site removed what it characterized as
dangerous content in cooperation with the police and FSB.
In May 2009 Sverdlovsk authorities brought a criminal libel case
against a LiveJournal blogger with the pen name ``Father Christmas,''
who was critical of the Sverdlovsk police and the security cadre of the
mayor. In June 2009 a court in Ufa, Bashkortostan, ordered local
Internet service providers to block access to the revinform blog on
LiveJournal because of its allegedly extremist content. The court cited
as an example of extremist content an article from a local opposition
newspaper posted on the blog, which reported on top-level corruption in
the local government.

Academic Freedom and Cultural Events.--The Government generally did
not restrict academic freedom; however, human rights and academic
organizations believed that the continued imprisonment of physicist
Valentin Danilov and others inhibited academic freedom and contact with
foreigners on subjects that authorities might deem sensitive.
There were reports of pressure on teachers, academics, and
scholars.
On December 29, Kabardin ethnographer Aslan Tsipinov was shot and
killed outside his home near Nalchik, Kabardino Balkaria. North
Caucasian insurgents later claimed responsibility for the killing,
explaining that they killed Tsipinov because he sought to corrupt young
Muslims by reviving ancient pagan rituals.
On July 12, according to press reports, Yuriy Samadurov, former
director of the Sakharov Center, was fined 200,000 rubles ($6,500) on
charges of inciting ethnic and racial hatred in a 2007 exhibit held at
the center that displayed works banned by Russian museums. The curator
of the exhibition, Andrei Yerofevev, was fined 150,000 rubles ($4,800).
The prosecution had originally asked for prison sentences.
On March 16, according to NGO and media reports, authorities
arrested Svyatoslav Bobyshev and Yevgeny Afanasyev, two professors at
Baltic State Technical University in St. Petersburg, and accused them
of spying and passing state secrets to Chinese citizens. The two
professors reportedly remained in detention at the Lefortovo maximum-
security prison in Moscow. A court agreed in September to extend their
detention for a further four months.
On November 13, historian Igor Pykhalov was attacked outside his
home by unknown assailants. Reports suggest that Pykhalov was targeted
because of his controversial pro-Stalinist views and his writings on
Stalin's deportation of persons indigenous to the North Caucasus.
In May 2009 President Medvedev announced the formation of a
Committee against the Falsification of History, which was dedicated to
countering statements denigrating the role of the Soviet Union in the
victory over Nazism. In connection with this initiative, a small number
of professors in Moscow universities reported receiving instructions to
submit their teaching materials to the university administration for
examination as to whether they were violating the proposed law. At
year's end, no further pressure on teachers was reported.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly, but local
authorities continued to restrict this right in practice. According to
the human rights NGO AGORA, more than 3,160 civil activists were
arrested following public events during the year.
In December 2009 the Duma passed a law increasing the severity of
punishment for anyone found guilty of illegally interfering with the
flow of traffic. The law increased the fine from 2,500 rubles ($83) to
100,000 rubles ($3,300) or two years in prison. Human rights activists
viewed this as a move to restrict freedom of assembly. However, human
rights advocates generally welcomed President Medvedev's veto of the
proposed legislation ``On Amendments to the Federal Law On Gatherings,
Meetings, Demonstrations, Marches, and Pickets'' that would have
prevented those who received minor administrative fines from
registering and participating in rallies. The president declared that
the provisions would infringe on the right of assembly provided in the
constitution.
On November 10, President Medvedev signed into law a modified bill,
which requires that requests for permission to demonstrate be filed no
less than three days before the proposed event. Such types of protest
actions involve a smaller group of activists voicing disapproval of one
specific issue and picketing in the vicinity of the offices of the
Government authority with which the activists take issue. The law also
regulates the use of major streets, highways, and railroads as venues
for public protests.
The law requires notification for public meetings, demonstrations,
or marches by more than one person, but in practice municipal
government treated this as a permitting process which must be requested
between five and 10 days before the event. During this type of protest,
many speakers take part and the size of the protest group is much
larger than that for a picket. Local elected and administrative
officials selectively denied some groups permission to assemble or
offered alternate venues that were inconveniently located.
Demonstrations that took place without official permission were
often broken up by police, who frequently detained demonstrators. In an
August interview, Prime Minister Putin called these unsanctioned
demonstrations ``provocations'' and stated that those who participate
in them should expect to ``take a cudgel to the head.''
On January 15, members of the Moscow Oblast Duma rejected an
amendment to legislation on demonstrations and public gatherings that
would have required government permission to hold a solitary protest.
Representatives of the Yabloko Party conducted pickets in front of the
Moscow Oblast Duma against this initiative.
In July and August, police dispersed several demonstrations in
connection with the movement to protect the Khimki forest near Moscow
from destruction to make way for a proposed highway. On July 28, police
detained nine environmental activists who had been camping in the
forest after construction began on the project. On August 2, police
detained 50 persons at an unsanctioned protest in the forest, including
Yabloko Party leader Sergey Mitrokhin. Another protest was dispersed on
August 10 outside of the Moscow Oblast administration building.
Authorities granted permission to hold a much larger protest on August
22.
In connection with these rallies, Human Rights Ombudsman Vladimir
Lukin expressed disagreement with the Government's position that the
authorities have the legal right to deny groups permission to
demonstrate, countering that, in his view of the constitution,
activists should only have to notify the authorities of their
activities beforehand. Sergey Mironov, the speaker of the upper house
of the State Duma and leader of minority party Just Russia, supported
the right of activists to demonstrate peacefully and called the police
actions toward participants ``cruel.''
On August 22, political activist Lev Ponomaryov and Solidarity
opposition coalition leaders Boris Nemtsov and Mikhail Shneyder were
detained for more than 12 hours in Moscow on the charge that they
conducted an unsanctioned march. Local authorities had agreed to permit
the opposition to hold a ``rally'' to mark National Flag Day, but
refused to permit a ``march.'' When the participants began to move down
the street with a Russian flag, police arrested them. On August 26,
Ponomaryov and Shneyder were sentenced to three days of administrative
arrest.
On September 7, a Moscow court convicted Lev Ponomaryov of
``insubordination'' to a police officer and sentenced him to four days
of administrative arrest in connection with his participation in an
unsanctioned protest on August 12 at which demonstrators demanded the
resignation of Moscow's then mayor, Yuriy Luzhkov.
On October 31, authorities in Moscow for the first time allowed
human rights proponents to hold a ``Strategy 31'' rally on Triumfalnaya
Square to demonstrate support for Article 31 of the constitution, which
provides for freedom of assembly. This was the first time the Strategy
31 opposition movement's protests were allowed. More than 1,500 persons
attended, nearly double the number authorized by authorities; security
forces were generally restrained. For most of the year and throughout
2009, authorities in Moscow employed various pretexts to deny human
rights activists permission to hold Strategy 31 demonstrations on the
last day of each 31-day month. On several occasions, police detained
persons who gathered to protest the denials. According to a Vedomosti
press report, the deputy head of the Moscow Interior Office stated that
the mere presence of a sign displaying the number ``31'' was grounds
for arrest. After detaining dozens of individuals at January and March
rallies, state security forces were especially violent in their
suppression of the May 31 peaceful protest, arresting at least 152
persons and reportedly beating many in jail. In response to the police
actions, Human Rights Ombudsman Vladimir Lukin characterized the
actions of the security personnel as ``disproportionate'' and
``unreasonably brutal'' and the detention of the protesters as
``illegal.''
Many observers noted a selective and consistent pattern of
encouraging rallies friendly to the Government--while preventing
politically sensitive demonstrations. On the same day as the January
Strategy 31 rally, United Russia organized progovernment rallies, which
were the only demonstrations to receive coverage on state-run
television news channels. Some demonstrators at the progovernment
rallies told news media that they had been pressured to attend, and one
student stated that he would receive class credit for his attendance.

Freedom of Association.--The law provides for freedom of
association, and the Government respected this right with a number of
significant exceptions.
Public organizations must register their bylaws and the names of
their leaders with the Ministry of Justice. Several organizations have
been forced in the past to suspend activities while registration was
pending. Restrictions were applied in a discriminatory and selective
manner to some NGOs, particularly those receiving foreign funding or
involved in issues of political opposition or in human rights
monitoring.
The finances of registered organizations are subject to
investigation by the tax authorities, and foreign grants must be
registered. A 2008 prime ministerial decree reduced the number of
foreign organizations whose grants were exempt from taxation from 101
to 12 and imposed an annual registration process on those that met the
proposed requirements. Many NGOs interpreted the decree as a further
step to restrict foreign funding of NGOs. Authorities subjected some
NGOs with foreign funding to lengthy financial audits or delayed the
registration of their foreign-financed programs. The financial
investigations were particularly burdensome, and some NGOs,
particularly smaller NGOs with limited organizational capacity, stated
that it restricted their activities.
Between September 13 and 16, prosecutors conducted an extensive
inspection campaign of approximately 40 NGOs, in what many observers
called an attempt to intimidate and disrupt these groups (see section
5). Just as suddenly as the inspections began, they ended, with no
further action.
The law provides a basis for government oversight of NGO
activities, including ensuring their compliance with stringent
registration requirements, a particular problem for the branch offices
of foreign NGOs. The law also provides a basis for the oversight of
extensive reporting requirements for NGOs concerning their programs and
activities, as well as for government enforcement of limitations on the
participation of foreign citizens. Authorities selectively used the
regulations to harass certain NGOs.
In July 2009 following complaints by NGOs about the burdensome
nature of requirements imposed upon them, the law was amended to revoke
the Justice Ministry's authority to arbitrarily demand documents from
domestic NGOs; it further provides that flaws in documentation would
not be grounds to annul, but only to suspend, a domestic organization's
registration and removes ``threats to national unity and identity''
from the list of reasons for denying registration. The amendment also
simplified reporting forms for domestic NGOs and required them to be
inspected by the Government once every three years, rather than
annually. None of these amendments applied to foreign NGOs.
There were no reports during the year that political parties had
their registration revoked or denied.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the Department of State's 2010 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The law provides for freedom of
movement within the country, foreign travel, emigration, and
repatriation; however, the Government placed restrictions on freedom of
movement within the country and on migration. The Government generally
cooperated, with some exceptions, with the UNHCR and other humanitarian
organizations in providing protection and assistance to internally
displaced persons, refugees, returning refugees, asylum seekers,
stateless persons, and other persons of concern.
All adult citizens must carry government-issued internal passports
while traveling domestically and must register with the local
authorities within a specified time of their arrival at a new location.
Authorities often refused to provide governmental services to
individuals without internal passports or proper registration. The
official grace period for registration given to an individual arriving
in a new location is 90 days. Darker-skinned persons from the Caucasus
or of African or Asian origin were often singled out for document
checks. There were credible reports that police arbitrarily imposed
fines on unregistered persons in excess of legal requirements or
demanded bribes from them.
Although the law gives citizens the right to choose their place of
residence freely, many regional governments continued to restrict this
right through residential registration rules that closely resembled
Soviet-era regulations. Citizens moving permanently must register
within seven days in order to reside, work, or obtain government
services and benefits or education for their children in a specific
area. Citizens changing residence within the country, migrants, and
persons with a legal claim to Russian citizenship who moved to the
country from other former-Soviet republics often faced great
difficulties or simply were not permitted to register in some cities.
The registration process in local police precincts was often corrupt.
There were frequent reports of police expecting bribes to process
registration applications and demanding them during spot checks for
registration documentation.
In the aftermath of the December race-fueled Manezh riots in
Moscow, Prime Minister Putin met with soccer fans and suggested that
rules for internal migration and registration should be tightened.
The law provides for freedom to travel abroad, and citizens
generally did so without restriction. Citizens with access to
classified material, however, needed to obtain police and FSB
clearances to receive a passport for international travel.
The law prohibits forced exile, and the Government did not employ
it. The law provides all citizens with the right to emigrate, and this
right was respected.

Internally Displaced Persons.--The UNHCR reported that there were
75,323 IDPs in the country as of December 31, mainly in the North
Caucasus. At year's end, 16,518 IDPs remained displaced to Ingushetiya
by Chechnya's second conflict, according to the UNHCR. Of these, 13,852
persons lived in private quarters, while 2,666 resided in temporary
settlements. The UNHCR reported that Ingushetiya was also home to
10,047 IDPs from Prigorodny, North Ossetia. As of July, 2,578 Chechen
IDPs were living in Dagestan, with an estimated 188 living in temporary
settlements and temporary accommodation centers within Chechnya proper
and 2,390 in private settlements. Also as of July, nearly 22,193 forced
migrants from South Ossetia, Georgia, remained in North Ossetia;
another 20,193 were from the conflict in the early 1990s, and 2,000
were displaced as a result of the August 2008 conflict, according to
the UNHCR.
Although sources differed on the exact figures, approximately
46,000 IDPs returned from Chechnya to Ingushetiya and Dagestan in the
last six and a half years. Authorities discontinued use of negative
incentives--including deregistration from IDP rolls, cancellation of
food assistance, and utility cuts to temporary settlements-- used in
2009 to induce often-unwilling IDPs in Ingushetiya to return to
Chechnya; however, the Ingushetiya office of the Federal Migration
Service refused to accept any claims for reinstatement on its
registration lists. Authorities maintained a policy of compensating
persons who lost housing in military operations; however, compensation
was typically inadequate to insure long-term shelter for beneficiaries.

Protection of Refugees.--The laws provide for the granting of
asylum or refugee status, and the Government has established a system
for providing protection to refugees.
In practice the Government provided some protection against the
expulsion or return of persons to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion; however, the responsible agency, the Federal Migration
Service, did not maintain a presence at airports orother border points.
Asylum seekers thus had to rely on the good will of border guards and
airline personnel to call immigration officials to the scene or else
face immediate return to their countries of origin, including in some
cases to countries where a well-founded fear of persecution could be
demonstrated.
Sixteen self-identified Somali asylum seekers, who in March 2009
attempted to transit Moscow's Sheremetyevo Airport without documents,
spent several months living in the airport's transit zone, at times
compelled to beg for food from airline passengers. The group's men,
women, and children had difficulty accessing the system for applying
for asylum and obtained basic social services only through the UNHCR's
intervention. At the end of the year, six of these asylum seekers
remained at Sheremyetevo Airport. All of the applicants were rejected
for asylum; some were appealing, while several returned to Somalia.
By law the decision of a Migration Service official could be
appealed to a higher-ranking authority or to a court. During the appeal
process, the applicant received the rights of a person whose
application for refugee status was being considered. A person who did
not satisfy the criteria for refugee status, but could not be expelled
or deported for humanitarian reasons, could be granted temporary asylum
after submitting a separate application.
The Government rarely granted convention status to those who
managed to present their asylum applications to the migration service.
The UNHCR and NGOs stated that asylum seekers at times faced detention,
deportation, fines by police, and racially motivated assaults.
The UNHCR, the International Organization for Migration, and NGOs
assisted the Government in trying to develop a more humane migration
management system. The Federal Migration Service cooperated well with
international organizations to provide training for its officers
throughout the country to insure they understood refugee law.
For asylum seekers who were allowed into the country to pursue
their claims, the refugee law provides the right to temporary
accommodations. However, there was only one facility with such
accommodations in the country, located in Ocher, in Perm Region, far
from major cities where asylum seekers concentrated. There were no
reception centers at border points. The Federal Migration Service and
its territorial branches are obliged by law to cover travel expenses to
centers for holders and seekers of refugee or temporary asylum status.
However, the law was not respected in practice, and the trip to the
center was usually funded by the UNHCR or the individual involved.
While federal law provides for education for all children, regional
authorities occasionally denied access to schools to children of asylum
seekers if they lacked residential registration. However, when parents
encountered difficulties enrolling their children in schools,
authorities generally cooperated with the UNHCR to resolve the problem.
Authorities frequently denied migrants the right to work if they did
not have residential registration. Refugees also may not legally work
if they are not registered and cannot obtain registration unless they
have an employer or landlord willing to register them.
Human rights groups continued to allege that authorities made
improper use of international agreements that permitted them to
temporarily detain persons with outstanding arrest warrants from other
former-Soviet states. This system, enforced by informal ties among
senior law enforcement officials of the countries concerned, permitted
detention for up to one month while the prosecutor general investigated
the nature of the warrants. Human rights groups asserted that these
arrangements were employed to detain, and possibly repatriate,
opponents of the Governments of other former Soviet republics without
legal grounds.
In June the ``Ivanovo Uzbeks,'' a group of 13 persons arrested in
2005, received permission to depart the country to take up offers of
asylum in Sweden. In 2008 the ECHR had ordered authorities not to
return the 13 to Uzbekistan and to pay each 15,000 euros ($20,100) in
restitution for two years spent in detention for alleged involvement in
violent unrest in Andijan, Uzbekistan. According to the UNHCR, six men
and their families have departed for Sweden, and seven men and their
family members, altogether consisting of 26 persons, were expected to
depart in early 2011. Two other Uzbek families included in the
departure list to third countries were resettled in Sweden in September
and November.

Stateless Persons.--Citizenship is derived both by birth within the
country's territory within certain restrictions and from one's parents.
A child becomes a citizen at birth if both parents are citizens; if one
parent is a citizen and the other one is stateless; if one parent is a
citizen and the other is a foreigner and the child was born on the
territory of the country; or if both parents are foreigners or
stateless and the child was born on the territory of the country and
there is concern the child might become stateless. At year's end the
UNHCR preliminarily estimated that there were 44,000 stateless persons,
based on data from local authorities and NGOs. Federal Migration
Service statistics indicated at the end of 2008 that 21,443 stateless
persons were registered in the country.
In Krasnodar Kray, at least several hundred (with some estimates as
high as 5,000) Meskhetian Turks, Batumi Kurds, Hemshils, and Yezidis,
both political and environmental refugees, and their descendants,
remained without Russian passports and were denied the right to
register as residents, which deprived them of all rights of citizenship
and prevented them from working legally, leasing land, or selling
goods. The law in Krasnodar Kray that defines illegal migrants includes
stateless persons.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully in regularly scheduled national and regional elections;
however, citizens could not exercise this right in practice, as the
Government limited the ability of opposition parties to organize,
register candidates for public office, access the media, or conduct
political campaigns.

Elections and Political Participation.--On March 14, regional and
local elections were held in 76 of the federation's 83 regions and were
marked by irregularities, including the misuse of absentee ballots,
vote buying, and busing in of voters, according to the election
monitoring NGO, GOLOS. The Communist Party also claimed that in the
Krasnodar Region, United Russia bused police cadets to vote for their
candidate in the mayoral elections where they were not registered.
In the October 10 regional and municipal elections, opposition
parties continued to complain of a variety of electoral violations,
including denial of candidate registration and ballot box manipulation.
Regional and municipal elections held in March and October 2009 were
also marred by violations, including interference with election
monitors, intimidation of voters, and ballot box stuffing.
In 2008 the country held presidential elections in which Dmitriy
Medvedev, the candidate of the ruling United Russia Party, received 70
percent of the vote. Observers from the Parliamentary Assembly of the
Council of Europe stated that the elections were not free or fair.
GOLOS reported massive, widespread violations, as with the Duma
elections held in 2007. The Organization for Security and Cooperation
in Europe (OSCE) representative on freedom of the media reported
numerous media freedom violations during the parliamentary and
presidential elections. Electoral violations and problems observed by
GOLOS included an ``unprecedented'' number of absentee ballots,
collective voting under pressure, multiple voting, and vote-counting
irregularities. GOLOS observers, however, reported that voting
procedures were well-organized and that the secrecy of voting was
mostly respected. In both the presidential and parliamentary elections,
official delays in issuing visas and restrictions on the activities of
the mission led the OSCE's Office for Democratic Institutions and Human
Rights to decline to send observation missions.
The law gives the president significant indirect influence over the
Federation Council, since regional leaders selected by the president in
turn appoint half of its members. Political parties that win elections
to regional parliaments may propose candidates for the head of a
region, but the selection is still subject to the president's and the
regional legislature's approval.
Since 2004 the president has had the authority to nominate regional
governors, subject to confirmation by regional legislatures. If a
regional legislature fails to confirm the president's nominee three
times, the president may dissolve the legislature. The federal
president also has the power to remove regional leaders in whom he
loses confidence, including those who were popularly elected. In
September President Medvedev exercised this power in removing Yury
Luzhkov, the long-serving and three times popularly elected mayor of
Moscow (the positions of mayor in Moscow and St. Petersburg have a
status similar to that of governor). On October 21, the Moscow City
Duma confirmed Medvedev's pick, Sergey Sobyanin, as the new mayor.
In 2009 legislation was enacted to allow city legislatures and
governors to remove popularly elected mayors (as of 2006 approximately
one-third of the country's municipalities were headed by elected
mayors, according to a government Web site). In June the Murmansk City
Council removed Mayor Sergey Subbotin from office, and mayors of
several small cities have been removed in similar fashion. Smolensk
Mayor Eduard Kachanovskiy was removed from office due to charges of
extortion, and possibly influenced by his refusal to obey an earlier
United Russia request to withdraw from elections for the party's
preferred candidate. In February Smolensk Governor Sergey Antufyev
called for the abolishment of the Smolensk direct mayoral elections,
stating that ``popular elections are a risk.''
A March 2009 law requires that to obtain legal status, a political
party must have at least 45,000 members with at least 450 in each of
half of the country's regions and 250 members in each of the remaining
regions. This is proven by gathering signatures. The law slightly
relaxed earlier minimum membership requirements that made it difficult
for smaller parties to register. The law envisions a further reduction
in the requirement (to 40,000 members overall and 400 in each of half
of the regions) by 2012. An additional law passed in June allows a
political party to avoid the requirement for signatures altogether if
it enjoyed political support in at least one-third of the country's
regions.
While parties represented in the Duma may nominate a presidential
candidate without having to collect and submit signatures, prospective
presidential candidates from political parties without Duma
representation must collect two million signatures from supporters
throughout the country to register to run for president. These must be
submitted to the Central Election Commission (CEC) for certification.
An independent candidate is ineligible to run if the CEC finds more
than 5 percent of the signatures to be invalid.
Political parties receiving 5 percent of the national vote are
entitled to representation in the Duma. The election law provides for a
party list system and prohibits electoral blocs. There is no minimum
voter turnout requirement. The election law prohibits the observation
of federal elections by nonpartisan domestic groups, making it
difficult for NGOs to observe elections. In April 2009 the Duma passed
a law described as giving equal broadcast time on electronic media to
all political parties represented in the Duma. Observers noted that the
law would limit broadcast time for the United Russia Party's leaders
when they spoke in their party capacity, not as government officials,
and that the broadcast time in question related to discussion of party
affairs rather than policy issues.
The law prohibits early voting and negative campaigning and
provides a number of criteria for removing candidates from the ballot,
including for vaguely defined ``extremist'' behavior. The executive
branch and the prosecutor general have broad powers to regulate,
investigate, and disqualify political parties. Other provisions limit
campaign spending, set specific campaign periods, and provide for
restrictions on campaign materials.
There were 63 women in the 450-member State Duma and nine women in
the 166-member Federation Council. There were three female ministers.
Two of the 83 regional leaders were women. Three of the 19 judges on
the Constitutional Court were women. None of the political parties was
led by a woman.
Information on the ethnic composition of the State Duma and the
Federation Council was not available. National minorities took an
active part in political life; however, ethnic Russians, who constitute
approximately 80 percent of the population, dominated the political and
administrative system, particularly at the federal level.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government acknowledged that it had not enforced the law
effectively, and many officials continued to engage in corrupt
practices. Corruption was widespread throughout the executive,
legislative, and judicial branches at all levels of government.
Manifestations included bribery of officials, misuse of budgetary
resources, theft of government property, kickbacks in the procurement
process, extortion, and improper use of official position to secure
personal profits. The NGO Information Science for Democracy (INDEM)
continued to assert that corruption was also widespread in other
official institutions, such as the higher education system, health
care, the military draft system, and the municipal apartment
distribution system. INDEM also estimated in a 2009 report, and
asserted during the year, that bribes and corruption cost the country
the equivalent of 33 percent of the country's gross domestic product.
Legislation enacted in December 2008 defined corruption and set
forth key principles for combating it. It requires government officials
to submit financial statements, restricts their employment at entities
where they had prior connections, and requires reporting of actual or
possible corrupt activity. Implementation of the legislation, however,
was still incomplete. Although some agencies, such as the Ministry of
Justice, issued implementing regulations defining conflict of interest
in certain situations, not all agencies issued implementing
regulations. On February 26, the Office of the Prosecutor General
established principles and procedures for evaluating the anticorruption
aspects of draft laws and regulations in order to avoid inconsistencies
and eliminate loopholes. Beginning on April 30, judges were required to
submit income and asset declarations to their courts. During the year
the Government instituted mandatory anticorruption training for public
officials through the Academy of State Service. Russia has been a state
party to the UN Convention against Corruption (UNCAC) since 2006 and is
a member of the Group of Countries against Corruption. Due to its UNCAC
obligations, the Government has altered domestic legislation.
The law makes giving and receiving bribes punishable by up to 12
years of incarceration; a person who pays a bribe is relieved of
criminal liability if the bribe was extorted or if the individual
voluntarily informs law enforcement authorities about it. While there
were prosecutions for bribery, a general lack of enforcement remained a
problem. Investigations of bribery and other corrupt practices are
conducted by the Ministry of Interior and the FSB, both of which were
themselves widely perceived as corrupt.
The Global Competitiveness Report 2010-11, compiled by the World
Economic Forum, cited corruption as the country's most problematic
factor for doing business. The country's score in Transparency
International's Corruption Perception Index worsened. The country
scored poorly on other measurements of transparency and corruption as
well, including judicial independence, fairness in the decisions of
government officials, the transparency of government policymaking, and
the influence of organized crime.
In a statement issued on October 27, the Interior Ministry reported
that bribery increased by 17.5 percent from January to September,
compared with the same period of 2009 and the average bribe increased
1.5 times to more than 42,500 rubles ($1,400). The statement cited
alleged corruption by many officials at the federal, regional, and
local level, including four serving and former deputy governors and
five regional ministers.
Prosecutors charged some high-level officials with corruption
during the year; however, most government anticorruption campaigns were
limited in scope and focused on lower-level officials. Allegations of
corruption were also used as a political tactic.
According to Investigative Committee head Alexander Bastrykin,
corruption charges were brought against 120 investigators and 12
prosecutors during the year. Corruption charges were also brought
against 48 lawyers, eight members of election commissions, 214 deputies
of municipal councils, 310 municipal officials, 11 deputies of regional
parliaments, one State Duma deputy, and three judges. Ten department
heads and 26 deputy department heads reportedly faced administrative
charges for unacceptable investigative work, and three were dismissed
for violation of authority.
On July 1, a new federal law came into force requiring courts of
general jurisdiction to disclose information on the activity of judges.
In August the Institute for the Development of Freedom of Information
released the results of a survey on preliminary implementation of the
law, based on several types of basic information about court operations
and the availability of such information on court Internet sites or by
telephone. According to the survey results, which were reported widely
in the press, basic data such as the working hours of court offices,
names and contact information of court officials and staff, and court
addresses were still in many cases unavailable or difficult to obtain.
In November 2009 Sergey Magnitsky, who was a lawyer for the firm
that represented Hermitage Capital, died in a Moscow prison, where he
was being held on tax evasion charges. It was widely believed that the
charges were fabricated and that his imprisonment was a result of his
testimony that Interior Ministry officials Artyom Kuznetsov and Pavel
Karpov stole 5.50 billion rubles ($179 million) in a tax fraud scheme
(see section 1.a.). In October Oleg Silchenko, the Interior Ministry
investigator who was responsible for the investigation, was promoted to
lieutenant colonel. In November the Interior Ministry presented an
award to officers connected to the initial investigation of the tax
evasion charges against Magnitskiy. Police officials also leveled new
accusations--that Magnitskiy himself had been guilty of the tax fraud.
In June Interior Ministry investigator Oleg Silchenko, who
reportedly played a key role in the jailing of lawyer Sergey
Magnitskiy, sought to disbar Alexander Antipov, a lawyer who replaced
Magnitskiy at Hermitage Capital. According to a 2009 report in
Bloomburg BusinessWeek, lawyers at three separate firms hired by
Hermitage Capital were subject to criminal investigations in 2009, and
their offices were raided by police.
Corruption also exacerbated illegal logging and hunting, further
complicating the country's efforts to enforce environmental standards.
On May 27, Pyotr Diyuk, the Vladivostok-based director of the Primorye
Regional Forestry Department, was placed on temporary administrative
leave after a nationally televised investigative report showed him
discussing rampant corruption in his region's forestry sector with an
undercover journalist on a hidden camera. In the interview, Diyuk
corroborated independent reports of widespread illegal logging
facilitated by bribes to forestry and customs officials. The televised
report showed video footage of what presenters claimed to be customs
and forestry officers accepting bribes in exchange for falsified export
permits. First Deputy Prime Minister Viktor Zubkov announced in June
that the Government planned to send a special investigative commission
to the Primorye Region to examine the substance of Diyuk's allegations.
By year's end the Government had not released the results.
There were reports that corrupt officials largely controlled
illegal hunting and trafficking in endangered and protected species
through the issuance of licenses and other permits in return for bribes
and other illegal benefits. On June 22, the Prosecutor General's Office
announced charges in an investigation that followed the January 2009
crash of an Mi-171 helicopter in the Altai. Evidence at the crash site
revealed the involvement of senior officials in hunting endangered
argali sheep. Three passengers who participated in the illegal hunting
expedition were charged with illegal hunting. However, authorities did
not announce corruption charges in the case.
According to the press, a June report by the Audit Chamber found
evidence of corruption in the preparations for the country's
participation in the 2010 Winter Olympics in Vancouver, which cost more
than 6.2 billion rubles ($200 million). In a statement introducing its
report, the Audit Chamber indicated that Olympic preparations were
``inefficient, imperfect, and involved corruption.''
Police corruption was pervasive. There were credible reports that
police imposed fines on, and demanded bribes from unregistered persons
(see section 2.d.). It was widely believed that they received bribes
from persons involved in prostitution.
In November 2009 Novorossiysk Ministry of Interior Major Aleksey
Dymovskiy made a video request to Prime Minister Putin to address
widespread corruption among law enforcement officers. Although the
video attracted nationwide attention, authorities did not investigate
Dymovskiy's allegations. Instead, in January they charged him with
abuse of office and fraud. His wife alleged that investigators tried to
plant drugs in his home during a raid. He was subsequently released but
lost a suit for slander filed by the chief of police of Novorossiysk
and was ordered to pay 108,000 rubles ($3,500) in damages. In an
interview with the New York Times, Dymovskiy acknowledged taking bribes
himself. He asserted that authorities were aware that police had to
augment their low salaries from other sources. He described a practice
considered common: at the end of a shift officers must turn over a
portion of their bribes, 700-3,000 rubles ($25 to $100) a day to the
``cashier,'' a senior member of the department. Dymovskiy asserted that
if officers did not pay up, they were disciplined.
In February Vadim Karastelyov, a Novorossiysk human rights activist
who assisted in Dymovskiy's defense, was arrested as he was
distributing pamphlets asking residents to attend a rally for Dymovskiy
and was jailed for a week for promoting an unauthorized demonstration.
Immediately after his release, two strangers beat him, causing a skull
fracture, but did not try to rob him. Although after his apprehension
one of Karastelyov's attackers stated that he acted out of personal
animosity, many human rights observers believed that Karastelyov was
attacked because of his support for Dymovskiy.
The law authorizes public access to all government information
unless it is confidential or classified as a state secret. Refusal by
authorities to provide access to open information, or to classify
information as a state secret without cause, has been successfully
contested in court in a few cases. However, access to information often
remained difficult and subject to prolonged bureaucratic procedures.
Under a law signed in February 2009, officials are required to disclose
within 30 days of a citizen's request any information controlled by the
Government that is not considered a state secret. Those seeking
information must file their requests via the Internet. Officials who do
not comply may be fined or imprisoned for up to five years if the
withholding of information causes serious bodily harm, as was the case
in the Chernobyl disaster. Although the law was billed as comparable to
freedom of information laws in other countries, observers expressed
concern that officials would use the ``state secrets'' provision to
deny citizens access to information arbitrarily. There were no reports
of court cases implementing this law during the year. INDEM reported
that journalists were generally granted access to such information upon
request.
Bloggers, such as Aleksey Navalniy, have increasingly become
sources for revealing corruption. Navalniy published a series of
detailed reports and materials outlining corruption in the construction
of major energy pipelines in Russia. As a result of his efforts,
authorities opened an investigation into the allegations.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
Domestic and international human rights groups operated in the
country, investigating and publicly commenting on human rights
problems, but official harassment continued, and the operating
environment for these groups remains restricted. Authorities
increasingly harassed NGOs that focused on politically sensitive areas.
Other official actions and statements indicated a lack of tolerance for
unfettered NGO activity, particularly by those NGOs that received
foreign funding or reported on human rights violations. NGOs operating
in the Northern Caucasus were severely restricted. However, at times
government and legislative officials recognized and consulted with some
NGOs, primarily those focused on social issues, and some NGOs
participated, with varying degrees of success, in drafting legislation
and decrees. Some officials, including Human Rights Ombudsman Vladimir
Lukin and the former and current chairs of the Presidential Council for
Promoting the Development of Institutions of Civil Society and Human
Rights (Human Rights Council), Ella Pamfilova and Mikhail Fedotov,
regularly interacted and cooperated with NGOs.
According to the NGO Agora, there has been a five-fold increase in
the cases of harassment of civil activists between 2006 and 2010.
During the year 603 cases of persecution of activists were counted in
50 regions of the country, up from 308 in 2009. In 2006 there were 118
such cases.
During the year some senior officials made critical statements that
contributed to, and reflected, increased suspicion of NGO activity. In
July Chechen President Ramzan Kadyrov referred to human rights
activists and NGO Memorial as ``enemies of the people, enemies of the
law, enemies of the state.'' The president's first deputy chief of
staff, Vladislav Surkov, has questioned the loyalty of some human
rights NGOs that covered human rights issues or received foreign
funding.
On May 19, President Medvedev met with human rights activists, and
listened to their criticisms of Kadyrov's government. On June 23, a
Russian delegation to the Council of Europe's Parliamentary Assembly
approved a draft resolution on Russia's actions in the North Caucasus,
which stated that ``human rights violations and the climate of complete
impunity were bound to foster the rise of extremist movements.''
There were several dozen large NGO umbrella organizations, as well
as thousands of small grassroots NGOs. In the regions, NGO coalitions
continued to focus their advocacy on such causes as the rights of the
disabled and entrepreneurs, environmental degradation, violations by
law enforcement authorities, local corruption, and the conflict in the
North Caucasus.
The law regulating NGOs requires them to register with the Ministry
of Justice. They are required to submit periodic reports to the
Government that disclose potentially sensitive information, including
sources of foreign funding and detailed information as to how they used
their funds. Since foreign funding remained a sensitive issue for the
security services, NGOs indicated that they were increasingly cautious
about accepting this support, and in many cases those that continued to
do so either restricted their activities to less sensitive issues or
suffered harassment by the FSB. Many NGOs rely on foreign funding due
to insufficient financial support from within the country. In June 2009
the measures recommended by a working group convened by President
Medvedev resulted in a decrease in the registration requirements for
NGOs.
Observers believed that the Government selectively applied the NGO
law to target certain NGOs, such as human rights organizations, whose
activities they regarded as hostile to the authorities. The law on
extremism was also employed to restrict the activities of NGOs and
criticism of the Government. The law defines extremist activity to
include public libel of a government official or his family, as well as
public statements that could be construed as justifying or excusing
terrorism. During the year officials applied the libel law against NGOs
and individuals. Since 2008, amendments to this law have enabled
authorities to act upon an accusation of extremism without evidence or
a court order; however, in practice, outside of the North Caucasus,
this generally did not lead to detention without court proceedings.
The local affiliates of foreign NGOs faced more stringent
registration requirements than purely domestic ones. Most NGOs with
foreign ties that met the requirements for continuing operation in the
country were subject to a 2009 prime ministerial decree that removed
their tax-exempt status, making their grants taxable.
Officials are authorized to scrutinize NGOs intrusively, and the
law gives NGOs only limited procedural protections. Under the law the
Ministry of Justice has discretion to deny registration or to request
that the courts close organizations, based on vague and subjective
criteria.
Authorities continued to apply a number of indirect tactics to
suppress or close domestic NGOs, including creative application of
various laws and harassment in the form of investigations and raids.
One tactic was selective investigations of alleged use of pirated
software as a pretext for confiscating computers and pressuring NGOs
and media (see section 2.a.). For example, on January 7, according to
media reports, four plainclothes police officers raided the offices of
Baikal Environmental Wave, an NGO opposing the Government's decision to
reopen an old paper mill on Lake Baikal. Stating that they had received
a complaint about unlicensed software on its computers, police seized
all 12 of the group's computers and its Web server, making it difficult
for them to operate for a period of time. Baikal Wave's leaders told
one newspaper that they had known that the authorities used such raids
to pressure advocacy groups, so they had made certain that all their
software was legal. They showed the raiding officers receipts and other
evidence that the software was not pirated. However, a supervising
police officer issued a report on the spot, stating that illegal
software had been uncovered. According to the environmentalists, they
had attached certificates of authenticity onto their machines, but
noticed, as the machines were being removed, that the stickers were
gone. In July the equipment was returned.
Between September 13 and 16, the Moscow prosecutor's offices
carried out a series of coordinated inspections of approximately 40
NGOs. Many NGOs received faxes demanding that documents be submitted in
an unrealistically short period of time. These documents included
registration papers, minutes of meetings, accounting information, and
tax and reporting documents. In some cases the NGOs were given until
the following morning to supply the required documents. However,
following foreign and domestic criticism, the Government appeared to
call off its inquiry.
At times authorities refused to cooperate with NGOs that were
critical of their activities. Chechen Human Rights Ombudsman Nurdi
Nukhazhiyev continued his predecessor's practice of not cooperating
with the area's leading human rights NGO, Memorial. He and Chechen
President Kadyrov spoke out publicly against the NGO. Smaller Memorial
centers throughout the country reported that city administration
officials frequently instructed landlords not to rent them office
space.
Official pressure continued against the Novorossiisk local human
rights organization Committee for Human Rights. In March Amnesty
International reported an attack on one of its members, Vadim
Karastelev, who was beaten and suffered a concussion, reportedly for
supporting a police officer, who had spoken out against police
corruption (see sections 1.c. and 4).
As of year's end, the ECHR had not ruled on Stanislav
Dmitriyevskiy's appeal of his 2006 conviction in a domestic court for
inciting racial and ethnic hatred. At the time of his conviction,
Dmitriyevskiy was head of the Russian-Chechen Friendship Society, which
advocated negotiations between the Government and Chechen rebels to
settle the Chechen conflict. The incitement charge was based on
Dmitriyevskiy's publishing statements by Chechen rebel leaders.
In the Jewish Autonomous Republic and some areas in Primorskiy
Krai, local governments worked with NGOs to encourage citizen
participation in local self-governance. In Astrakhan government
officials worked closely with local NGOs devoted to building civil
society.
Some international NGOs maintained small branch offices within
Chechnya staffed by local employees. Following the 2009 killing of
Natalya Estemirova (see section 1.a.), almost all NGOs left Chechnya or
temporarily closed their operations there due to fear for their safety
and ability to operate.
Government human rights institutions continued to promote the
concept of human rights, to challenge the activities of some local
governments that violated human rights, and to intervene in selected
abuse complaints. Ombudsman Lukin commented on a range of human rights
problems, such as police violence, prison conditions, the treatment of
children, and hazing in the military. During the year Lukin criticized
intolerance and the growing wave of ethnic and religious hatred.
In his 2009 annual report, Ombudsman Lukin stated that his
effectiveness was limited because he was not empowered to propose human
rights legislation. He also noted the difficulty of getting some
government officials to respond to inquiries from his office. Lukin's
office has used its influence to draw attention to human rights
problems in prisons. Many leaders of human rights NGOs continued to
note that Lukin was generally effective as an official advocate for
many of their concerns, despite the legal constraints on his position.
The Ombudsman's Office includes several specialized sections
responsible for investigating complaints. As of September 2009, 47 of
the country's 83 regions had regional human rights ombudsmen with
responsibilities similar to Lukin's; their effectiveness varied
significantly.
The Human Rights Council continued to include prominent human
rights advocates strongly critical of the Government's human rights
record. In May the council met with President Medvedev, Federal
District Representatives for the North Caucasus Aleksandr Khloponin,
and Deputy Chief of Staff Vladislav Surkov to discuss human rights in
the Northern Caucasus. Medvedev urged the region's leaders to work
closely with civil society. Mikhail Fedotov succeeded Ella Pamfilova as
head of the council in October.
Despite a 2008 law apparently intended to increase its authority,
many observers did not consider the 126-member Public Chamber of the
Russian Federation to be an effective check on the Government. Some
prominent human rights groups declined to participate in the chamber
from the beginning due to concern that the Government would use it to
increase control over civil society.
In January the State Duma ratified Protocol 14 to the European
Convention on Human Rights, permitting the ECHR to streamline the pace
of its work in the face of a seven-year backlog of cases. The
Government had previously blocked passage of this protocol due to the
ECHR's numerous rulings criticizing violations of basic human rights in
the country. The Government had ignored more than 100 court rulings
that found the Government responsible for killings, abductions, and
torture in Chechnya, according to Human Rights Watch.
In April 2009 Interior Minister Rashid Nurgaliyev signed a decree
allowing rights groups to monitor conditions of arrest and detention
for those being held in pretrial detention. According to some
observers, there has been some success associated with the decree. In
Moscow a committee comprising civil society members has generally been
permitted to observe some detentions. However, increasingly members of
such committees consisted of police personnel rather than human rights
activists, reducing its usefulness as an accountability tool. According
to other activists, there has not been as much compliance with this
decree outside of Moscow, and there has been a level of unsatisfactory
compliance for those not yet serving a criminal sentence. The decree
also lacked firm instructions on a mechanism to implement the plan,
effectively giving law enforcement authorities discretion as to whether
to cooperate. The decree also required that law enforcement authorities
be present during any discussions of conditions with detainees (see
section 1.c.).
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, language,
social status, or other circumstances; however, the Government did not
effectively enforce these prohibitions.

Women.--Rape is illegal, and the law makes no distinctions based on
the relationship between the rapist and the victim. Spousal or
acquaintance rape was not widely perceived as a problem by society or
law enforcement authorities. Women were unlikely to report cases of
rape by persons they knew. According to NGOs, many women did not report
rape or other violence due to social stigma and lack of government
support. Rape victims may act as full legal parties in criminal cases
brought against alleged assailants and may seek compensation as part of
a court verdict without initiating a separate civil action. While
members of the medical profession assisted assault victims and
sometimes helped identify an assault or rape case, doctors were often
reluctant to provide testimony in court. According to the MVD, 4,624
rapes or attempted rapes were committed in the first 11 months of the
year, a 6.1percent decrease from 2009.
The penalty for rape is three to six years' imprisonment for a
single offender, and four to 10 years if the crime is committed by a
group of persons. The perpetrator receives eight to 15 years if a
victim is underage, and 12 to 20 years if a victim died or was under 14
years of age. According to NGOs, law enforcement personnel and
prosecutors did not consider spousal or acquaintance rape a priority
and did not encourage reporting or prosecuting such cases. NGOs
reported that local police officers sometimes refused to respond to
rape or domestic violence calls until the victim's life was directly
threatened.
Domestic violence remained a major problem. As of March 2009, the
Ministry of Interior maintained records on more than four million
perpetrators of domestic violence. The Duma's Committee on Social
Defense reported that there were 21,400 murders during the year, two-
thirds of which were of women who died in domestic disputes, up 50
percent since 2002. The Interior Ministry reported that at least 34,000
women were domestic violence victims each year, meaning a woman died
every 40 minutes at the hands of a husband, boyfriend, or other family
member. However, the reluctance of victims to report domestic violence
meant that reliable statistical information on its scope was impossible
to obtain. Official telephone directories contained no information on
crisis centers or shelters. There are only about 25 women's shelters
across Russia, with beds for a total of about 200 women, according to
Moscow's Anna National Center for the Prevention of Violence.
There is no legal definition of domestic violence. Federal law
prohibits battery, assault, threats, and killing, but most acts of
domestic violence did not fall within the jurisdiction of the
Prosecutor's Office. According to a March 2009 study by the Smolensk-
based Center for Women's Support, police often provided lackluster and
inadequate responses to calls reporting domestic violence, at times
suggesting that cases wait until morning. According to NGOs, police
were often unwilling to register complaints of domestic violence and
frequently discouraged victims from submitting them. A majority of
cases filed were either dismissed on technical grounds or transferred
to a reconciliation process conducted by a justice of the peace, whose
focus was on preserving the family rather than punishing the
perpetrator. Civil remedies for domestic violence included
administrative fines and divorce. The Center for Women's Support
asserted that many perpetrators of domestic violence themselves
belonged to law enforcement agencies.
Female inmates in the prison system faced particular challenges.
According to the NGO Penal Reform International (PRI), as of April
there were approximately 864,000 female inmates in 45 special prison
colonies and detention centers. Although these inmates faced the same
poor living conditions as male prisoners, the PRI reported that in
prison women had much less access to health care programs for
tuberculosis or substance abuse treatment.
Human Rights Watch reports that ``honor killings'' were a
continuing problem in some areas, such as the Caucasus, although it was
difficult to estimate an exact number of victims.
Some observers noted that the country was a destination for sex
tourism. Police worked closely with at least one foreign government to
ensure the prosecution of sex tourists.
The law does not prohibit sexual harassment, which remained a
widespread problem. NGOs operating hotlines reported that women
routinely sought advice on the problem. The lack of legal remedies and
limited economic opportunities caused many women to tolerate
harassment. Authorities have successfully prosecuted only two sexual
harassment cases since 1992.
The Government officially recognized the basic right of couples and
individuals to decide freely and responsibly the number, spacing, and
timing of their children. While there are no legal restrictions on
access to contraceptives, some reproductive rights advocates reported
that the atmosphere for their work was difficult. International family
planning organizations were unable to operate in the face of opposition
from the Government and from the Orthodox Church, making access to
family planning limited, especially outside of big cities. The
Government explicitly encourages women to have as many children as
possible to counteract the country's demographic problems (the
country's population has declined by six million since the end of the
Soviet Union). According to UN estimates, the maternal mortality ratio
in the country was 39 deaths per 100,000 live births in 2008. Men and
women received equal access to diagnosis and treatment for sexually
transmitted infections, including HIV.
Although the constitution states that men and women have equal
rights and opportunities to pursue those rights, women encountered
discrimination in employment. Job advertisements often specified gender
and age groups. Some even specified desired physical appearance and
preference for applicants who were open to intimate relations with
their prospective supervisors. Employers often preferred to hire men to
save on maternity and childcare costs and avoid the perceived
unreliability associated with women with small children. The labor
market was characterized by gender discrimination in compensation,
professional training, hiring and dismissal, and career promotion.
However, such discrimination was often very difficult to prove.
According to both RosStat, the federal state statistics service, and
the Center for Labor Studies (of the Higher School of Economics), in
2007 women earned 35 percent less than men, although some more recent
studies have provided a lower estimate. There is no government office
devoted to women's legal rights. The women's rights NGO Peterburgskaya
Egida reported that instances of pregnant women or those with children
under three years of age being fired by their employers and denied
social allowances increased in recent years.
The 2002 census indicated that 62 percent of women in the country
had higher education, compared to 50 percent of men, and that women
made up more than 50 percent of university tutors and professors. Women
ran approximately 30 percent of medium-sized businesses and 10 percent
of big businesses in the country. A March 2009 study by Price-
Waterhouse-Coopers (PWC) found that the number of women taking
managerial positions had grown from 30 to 40 percent since the onset of
the economic crisis. Another PWC poll revealed that 90 percent of chief
accountants, 70 percent of human resources senior managers, and 50
percent of chief financial officers were women. In May 2009 the Supreme
Court rejected a St. Petersburg woman's appeal to drive metro trains;
she had filed a discrimination suit after being turned down for the job
because of her gender. Article 253 of the labor code specifies that
female workers should not perform ``hard physical jobs and jobs with
harmful or dangerous labor conditions, or work underground except in
nonphysical jobs or sanitary and consumer services.'' According to the
NGO Peterburgskaya Egida, this article had resulted in a list of 456
professions that legally exclude women, including diver, gas rescue
worker, paratrooper, and firefighter. Women made up approximately 10
percent of the workforce of the federal and regional governments.
Although polygamy is illegal, the Chechen government has encouraged
men to take more than one wife, has encouraged women and girls to wear
headscarves when in public (schools, universities, and government
offices), and threatened the jobs of some unmarried women, should they
choose to stay single. According to NGOs, bride kidnapping was another
prevalent practice in the North Caucasus. Backed by local ancient
tradition, it had reportedly grown as an acceptable reason to abduct
and rape young women, whether they were returned to their families
married or not. Often in these cases, the young women are forever
``sullied'' as they are no longer virgins and cannot enter a legitimate
marriage.
In June HRW received credible reports of individuals, including law
enforcement agents, pelting uncovered women on the streets of Grozniy
with paintball guns and threatening future brutality should they not
cover themselves. At least one of the women had to be hospitalized as a
result. In an interview with the television station Grozny on July 3,
Chechen President Kadyrov expressed unambiguous approval of this
practice by professing his readiness to ``award a commendation'' to the
men who engaged in these activities. In August HRW reported receiving
numerous accounts of the harassment of women in the streets of the
capital by groups of men claiming to represent the Islamic High Council
(muftiat) of the republic. They reportedly were joined by young men who
pulled on the women's sleeves, skirts, and hair and accused them of
being dressed like harlots. In two instances reported to HRW, members
of Chechen law enforcement bodies were among the perpetrators.

Children.--By law citizenship is derived from parents at birth or
from birth within the country's territory if the parents are unknown or
if the child cannot claim the parents' citizenship. As a rule all newly
born babies are registered at the local civil registry office where
parents live. One of the parents must apply for registration within a
month of the birth date, and on the basis of the medical certificate of
the hospital where the baby was born, a birth certificate is issued.
Although education was free to grade 11 and compulsory until age 15
or 16, regional authorities frequently denied school access to the
children of persons not registered as residents of the locality,
including Roma, asylum seekers, and migrants.
Child abuse was a widespread problem. In June 2009 the Duma passed
a law that increased the maximum sentence for rape of a minor to 20
years. It also increased the penalties for child molestation and the
distribution of child pornography. The law specifies that the maximum
penalty for child molestation, if certain aggravating factors are
present, is 20 years and for the distribution of child pornography, up
to 10 years if aggravating factors are present.
Children, particularly the homeless and orphans, were exploited for
child pornography. While authorities working on the issue viewed child
pornography as a serious problem, the law prohibiting it lacked
important details, and authorities seldom invoked it. The law does not
define child pornography, criminalize its possession, or provide for
effective investigation and prosecution of cases of child pornography.
Courts often dismissed criminal cases because of the lack of clear
standards. When a court convicted a suspect, it frequently imposed the
minimum sentence, often probation. Authorities investigated and
prosecuted relatively few cases involving child pornography, creating
an environment in which it proliferated.
In 2008, the latest year for which figures were available,
authorities registered 356 cases of the distribution of child
pornography, opened preliminary investigations into 159 (an increase of
17.6 percent over the previous year), and brought indictments in 157.
In 2009 the number of investigations increased to 259. However, an MVD
official noted that, while the performance of MVD officers
investigating pornography had improved, the trade in child pornography
remained strong. In March an MVD spokesman stated that a hotline for
reporting instances of child pornography received 10,000 calls in 2009,
leading to the shutdown of 3,000 distribution channels, including 300
shut down outside the country by cooperating foreign law enforcement
agencies.
The Government has created two federal resources to respond to the
threat of child pornography through the Internet: the Russian Safer
Internet Center, established in 2008 with a hotline to receive
information on illegal content sources, and the Friendly Runet
Foundation created in 2009 with the direct participation of the
Interior Ministry, which also has a hotline for reporting Internet
sources with illegal content.
In 2009 NGOs began a project entitled, Prevention of Sexual
Exploitation of Children in the Russian Federation, with support from
the European Commission. The three-year project is a joint initiative
led by the Syostry call center in Moscow, the Perm Center for Violence
Prevention, and the Far Eastern Center in Support of Social Initiatives
in the Russian Far East, which intended to put in place a system for
training social workers, police, and educators in their regions on the
prevention of violence against children, the provision of support for
victims, and the early identification of sexual violence.
Citing MVD statistics, a Public Chamber representative said in May
that each year nearly 120,000 children were orphaned, and each day,
200-220 were taken away from neglectful parents. The representative
estimated that 600,000 children were located in different types of
institutional and foster care. In a 2008 report, the NGO Children's
Rights estimated that approximately 40,000 children ran away from home
annually to escape abuse and neglect and that 20,000 orphans fled
similar conditions in orphanages. The report, as updated in February
2009, corroborated the MVD statistics of approximately 120,000 new
orphans every year.
The NGO Children's Rights estimated that 2 percent of the country's
children were neglected or lived on the streets. Police attempted to
return approximately 70 percent of them to a home or institution.
According to Rossiskaya Gazeta, a government publication, the number of
children living in extreme poverty fell from 3.1 percent in November
2008 to 1.4 percent in November of 2009. According to Investigative
Committee head Alexander Bastrykin, during the year 100,000 children
were the victims of serious crimes, a decrease from 126,000 child
victims in 2008. An estimated 20,000 minors were missing at the end of
the year, including 5,000 small children.
Homeless children often engaged in criminal activities, received no
education, and were vulnerable to drug and alcohol abuse. Some children
on the streets turned to, or were forced into, prostitution, often to
survive. According to a 2010 report by the Foundation for Assistance to
Children in Difficult Life Situations, juveniles in 2009 committed
94,700 crimes, a decrease from 116,100 committed in 2008.
Although there was no nationwide telephone hotline for reporting
child abuse, the Presidential Administration, in conjunction with
foreign governments, provided grants through the National Charity
Foundation to local NGOs, such as the National Foundation for the
Prevention of Cruelty to Children, to train staff on and strengthen
local hotlines for child abuse across the country.
In March 2007 the Government implemented its flagship child welfare
program, Children of Russia. During the year this program continued the
construction and renovation of orphanages and centers for disabled
children and detention centers for juvenile offenders. The program also
focused on the comprehensive rehabilitation and social integration of
disabled children in a family environment and supplied children's
rehabilitation centers with equipment.
The Foundation for Assistance to Children in Difficult Life
Situations was established in 2008 by presidential order. The program
has provided more than 1.7 billion rubles ($56.3 million) to cofinance
109 programs in 50 regions and to finance 307 projects in 63 regions.
In September 2009 President Medvedev established the post of
Ombudsman for the Rights of Children and appointed Aleksey Golovan, a
well-known human rights activist, to the post. In December the
president replaced Golovan with lawyer and Public Chamber member Pavel
Astakhov. According to the Moscow Times, authorities dismissed Golovan
at the behest of Russian Orthodox groups who objected to his support
for a juvenile justice system separate from the one for adults. The
responsibilities of the children's ombudsman include following the
activities of state agencies at the federal level, ensuring the
observance of the rights of children, and writing an annual report
similar to that of Ombudsman Lukin.
Regional ombudsmen for children operated in 25 regions with the
authority to conduct independent investigations relating to the
violation of children's rights, inspect any institutions and executive
offices dealing with minors, establish councils of public experts, and
conduct an independent evaluation of legislation affecting children. In
a number of schools in the Moscow and Volgograd Oblasts, there were
school ombudsmen dealing with children and families and identifying
potential conflicts and violations of the rights of children.
According to 2007 data from the Moscow Department of Social
Security, 12 percent of street children in shelters had run away from
orphanages or residential facilities. Law enforcement officials
reportedly abused street children, blamed them for unsolved crimes, and
committed illegal acts against them, including extortion, illegal
detention, and psychological and sexual violence.
Then children's ombudsman noted in a September 2009 interview with
Vremya Novostei that approximately 160,000 of the country's orphans
lived in orphanages and suffered from ``psychological and emotional
neglect.''
Russia is not a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international child abduction, please see the Department of State's
annual report on compliance at http://travel.state.gov/abduction/
resources/congressreport/congressreport--4308.html as well as country-
specific information at http://travel.state.gov/abduction/country/
country--3781.html.

Anti-Semitism.--An estimated 250,000 Jews lived in the country,
constituting less than 0.25 percent of the population, according to
government sources and various Jewish groups. Some researchers believed
that the number was underreported due to the hesitation of some Jews to
publicly identify their background.
Although Jewish leaders reported improvements in official attitudes
towards Jews, anti-Semitism remained a problem at the societal level.
Violent attacks against Jews were infrequent, with only a few episodes
occurring during the year.
According to a May 24 report from Jewish.ru, soccer fans from St.
Petersburg angry about their team's loss in a game held in Rostov-on-
Don beat up Roman Kosarev, a Jew, and shouted anti-Semitic epithets.
Authorities began an investigation and promised to bring those
responsible to justice. There were no further developments by year's
end.
There continued to be reports across the country of vandals
desecrating Jewish synagogues and cemeteries and defacing Jewish
religious and cultural facilities, sometimes combined with threats to
the Jewish community, although the amount of vandalism is generally
decreasing. The SOVA Center, an NGO that seeks to combat extremism and
nationalism, registered six acts of anti-Semitic vandalism. There has
been a reduction in vandalism due to a decrease in the activities of
nationalist groups Russian Way and Resistance, which had been very
active in these crimes.
On March 12, anti-Semitic slogans were written in graffiti on the
walls of a synagogue in Izhevsk. Two minors were charged in the
incident. On April 20, Adolf Hitler's birthday, anti-Semitic graffiti
appeared in several parts of Ulyanovsk, according to the Federation of
Jewish Communities of Russia. Anti-Semitic graffiti and leaflets
appeared frequently in many regions, including at a Communist Party
meeting in Ulyanovsk on May 1.
The SOVA Center also reported desecrations of graves in Jewish
cemeteries in Nizhny Novgorod, Makhachkala, and Kaliningrad in 2009.
Officials often classified these crimes as ``hooliganism.'' In many
cases in which local authorities prosecuted cases, courts imposed
suspended sentences. In some cases, however, the hate crime motive was
taken into consideration. According to the Moscow Bureau for Human
Rights, law enforcement officials were investigating vandalism in
Voronezh, where 20 gravestones in a local Jewish cemetery were knocked
down on July 27. On October 7, anti-Semitic inscriptions appeared on a
Jewish synagogue in Barnaul. At year's end the local police were
investigating the incident.
On June 22, an explosion next to a synagogue in Tver took place in
the middle of the night, damaging the exterior of the building but
causing no casualties. The governor of the Tver Region announced that
he would take the investigation of the attack under his personal
control. As of the end of the reporting period, there was no further
information on the attack.
On October 28, a Moscow Court sentenced a 22-year old neo-fascist
with links to the Nationalist Socialist Society to life imprisonment
for killing 15 persons, some of whom were Jewish. According to the head
of the Ministry of Interior' Scientific Research Institute, there are
more than 150 neo-Nazi groups in Russia, and the number was rising.
In September 2009 skinheads in Khabarovsk threw Molotov cocktails
into a synagogue and into the house of a policeman who had been
investigating cases of extremism. Khabarovsk Anti-extremist Department
police detained the group, and criminal proceedings were opened against
two of the suspects. They faced up to five years' imprisonment for the
synagogue attack and up to life imprisonment for the attack on the
police officer.
Anti-Semitism on television or in other mainstream media was
infrequent and was more likely to appear in low-circulation newspapers
or in pamphlets. However, according to the Moscow Bureau of Human
Rights (MBHR), anti-Semitic material on Russian-language Internet sites
increased during the year.
There were several instances in which the Government successfully
prosecuted individuals for anti-Semitic statements or publications. On
March 12, a court in Izhevsk gave a one-year suspended sentence to neo-
Nazi Russian National Unity member Andrey Mokrushin for painting
swastikas and anti-Semitic threats on the walls of a local Jewish
community center, according to the Union of Councils for Jews in the
Former Soviet Union. On February 3, a court sentenced the editor of the
anti-Semitic newspaper Orthodox Rus to three years in a prison colony
for inciting ethnic and religious hatred for distributing an anti-
Semitic film, Russia with a Knife in the Back.
On May 27, a court fined a Novosibirsk man 1,000 rubles ($33) for
distributing the Nazi propaganda film Eternal Jew. On July 9, a Tyumen
court dismissed incitement charges against college professor Svetlana
Shestakova for a series of lectures in which she claimed that Jews
ritually kill Christian children. The court dropped the charges due to
the expiration of a statute of limitation, according to the Union of
Councils of Former Soviet Jews.
On June 30, the editor of the newspaper Russian Truth was fined
450,000 rubles ($14,720) for inciting ethnic hatred in a 2006
publication entitled Why don't people like the Jewish mafia?
The Government has publicly criticized nationalist ideology and
expressed support for legal action in response to anti-Semitic acts.
However, the Liberal Democratic Party organized a July 10 Duma
roundtable called ``On the Question of Recognizing the Genocide of the
Russian People,'' which resulted in a declaration blaming the
``international Zionist financial mafia for genocide against the
Russian people.''
Federal authorities, and in many cases regional and local
authorities, facilitated the establishment of new Jewish institutions.
Vladimir Putin, both as president in 2008 and subsequently as prime
minister, publicly criticized anti-Semitism and supported the
establishment of the Museum of Tolerance by the Federation of Jewish
Communities of Russia. Work continued on a 2.7 billion ruble ($89
million) complex on land donated by the Moscow city government to house
the museum as well as Jewish community institutions, including a school
and a hospital.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--Several laws prohibit discrimination
against persons with disabilities or mandate their equal treatment;
however, the Government generally did not enforce these laws. Citizens
with disabilities continued to face discrimination and denial of equal
access to education, employment, and social institutions. The situation
for persons with disabilities reportedly worsened following the
replacement of government in-kind subsidies for such items as
transportation and medicine with cash payments in 2004. Some affluent
regions, such as Moscow, preserved benefits for persons with
disabilities at preexisting levels, while most other regions provided a
limited number of benefits, such as free transportation. According to
information provided by a leading NGO working on disability rights,
persons with mental disabilities were severely discriminated against in
both education and employment. In addition, the conditions of
guardianship imposed upon them by courts deprived them of practically
all personal rights.
In May 2009, the daily Moskovskiy Komsomolets reported that there
were 13 million persons with disabilities. In 2006 the human rights
ombudsman stated that in the previous 10 years more than 120,000
persons have become disabled as a result of military actions and war
injuries, and according to the NGO Perspektiva, the number continued to
grow as a result of new conflicts. Persons with disabilities generally
were excluded from the social and political life of their communities
and isolated from mainstream society. However, there were several Duma
deputies with disabilities, and lobbying in favor of persons with
disabilities to improve legislation occurred. A joint study released in
May 2009 by the Public Chamber and EU representatives found that 20
percent of respondents considered persons with disabilities to be
burdens on society. Forty percent of the disabled surveyed reported
that they experienced social problems, in particular insults and
hostility. At the same time, disability rights activists believe that
some attitudes were changing for the better. An August 27 rally in
Moscow, in which many wheelchair users and celebrities participated,
attracted three times as many participants as the same rally did in
2009; the rally was supported by many officials and was covered by all
major television and radio stations, newspapers, and blogs.
Conditions in institutions for adults with disabilities were often
poor, with unqualified staff and overcrowding. The residents were
mainly ``graduates'' of similar institutions for children. Institutions
rarely attempted to develop the abilities of residents, who were
frequently confined to the institutions and sometimes restricted in
their movement within the institutions themselves.
Federal law on the protection of persons with disabilities requires
that buildings be made accessible to persons with disabilities, but
authorities did not enforce the law, and in practice most buildings
were not accessible. A reporter for Noviye Izvestiye estimated in a
September 2009 article that 10 to 30 percent of Moscow's buildings were
inaccessible to persons with disabilities. Likewise, only 8 percent of
the city's 36,000 street crossings were completely equipped for the
disabled. Although accessibility requirements were imposed in 1995,
efforts to realize them have been undertaken in earnest only in the
last three to five years.
There are laws establishing employment quotas for persons with
disabilities at the federal and local levels; however, some local
authorities and private employers continued to discourage such persons
from working, and there was no penalty for failure to honor quotas.
Human rights NGOs made some progress in persuading foreign companies in
larger cities, including Moscow, to consider persons with disabilities
as potential employees, and the Moscow city government reportedly
encouraged employers to hire persons with disabilities. In September
the NGO Perspektiva reported that the onset of the economic crisis had
worsened employment prospects for persons with disabilities; however,
Perspektiva had no statistics on the scope of the problem.
In 2008 the ombudsman's office reported that approximately 640,000
of the country's persons with disabilities were children. Authorities
generally segregated such children from mainstream society through a
system that institutionalized them until adulthood. Observers concluded
that issues of children's welfare often were ignored, and there were
few means of addressing systemic problems of abuse. Human rights groups
alleged that children with disabilities in state institutions were
poorly provided for and, in some cases, physically abused by staff
members. ``Graduates'' of state institutions also often lacked the
necessary social, educational, and vocational skills to function in
society. According to a 2006 report by the Prosecutor General's Office,
half of the more than 600,000 children with disabilities in state care
lacked medicines, hearing aids, and wheelchairs. The NGO Children's
Rights confirmed in September 2009 that this situation had not changed.
There appeared to be no legal mechanism by which individuals could
contest their commitment to a facility for persons with disabilities.
The assignment of categories of disability to children with mental
disabilities often followed them through their lives. The labels
``imbecile'' and ``idiot,'' which were assigned by a commission that
assesses children with developmental problems at the age of three and
signifies that a child is uneducable, were almost always irrevocable.
Even the label ``debil'' (slightly retarded) followed an individual on
official documents, creating barriers to employment and housing after
graduation from state institutions. This designation was increasingly
challenged in the case of children with parents or individual
caregivers, but there were few advocates for the rights of
institutionalized children.
Youths with disabilities not in institutions faced significant
barriers to education, including a lack of access to schools. According
to the May 2009 Public Chamber study, only 3 percent of children
studied under conditions analogous to mainstream students, and 87
percent of higher education institutions did not accept students with
disabilities. Education authorities often tried to keep youths with
disabilities out of school due to lack of special programs. Parents of
children without disabilities often were averse to their children
studying with children with disabilities. Rights activists stated,
however, that attitudes toward including disabled children in
mainstream schools were changing, with such children being admitted to
schools in many places around the country, although the numbers are
still small.
There have been mixed results in attempts to accommodate children
with disabilities in educational facilities. According to Perspektiva,
part of the problem is due to the absence of a formal federal-level
definition of inclusive education for persons with disabilities and the
fact that the law does not contain a clear mechanism to ensure
inclusiveness in education. On April 28, the Moscow City Duma passed a
law on The Education of Persons with Disabilities in Moscow, which
observers contended created some improvements in education for persons
with disabilities.
Perspektiva noted that rather than provide special equipment that
would allow a visually impaired child to attend class, the school
administration in Stavropol recommended that the child receive
education at home. In response to a complaint filed by lawyers on
behalf of the student's family, the school revoked its initial
recommendation and provided the needed equipment as well as a staff
member to escort the child to classes.
The mother of a student wheelchair user appealed to the education
department in Nizhny Novgorod to provide a wheelchair-accessible
environment at the State University. After being denied her request,
during the following two years, the parent unsuccessfully petitioned
the governor, the Nizhny Novgorod Department of Education, and the
regional ministry of education for wheel-chair access at the university
before abandoning her efforts, reportedly for fear of attracting harm
to her son.
The mother of an 11-year-old wheelchair user was initially
unsuccessful in her campaign in Butovo to have the student's new school
accommodate his special mobility needs for his classes on the third and
fourth floor of the school. It was primarily due to the public appeal
and rally organized by the NGO Perspektiva and coverage by the media
that authorities eventually built a chair lift in the school.
According to government reports, of approximately 450,000 school-
age children with disabilities, an estimated 200,000 did not receive
any education. Of the 250,000 who received an education, 140,000
attended regular schools, 40,000 studied at home, and 70,000 attended
special education schools. Because special education schools
constituted only 3 percent of all schools, most children with
disabilities could not study in the communities where they lived and
were isolated from other members of the community.
The election laws contain no special provisions concerning the
accessibility of polling places, and the majority of polling places
were not accessible to persons with disabilities. However, the law
provides for mobile ballot boxes to be brought to the homes of the
disabled.
The mandates of government bodies charged with protecting human
rights included the protection of persons with disabilities. These
bodies carried out a number of inspections in response to complaints
from disability organizations and, in some cases, appealed to the
responsible agencies to remedy individual situations. Inspections by
the Ombudsman's Office of Homes for Children with Mental Disabilities
continued to disclose severe violations of children's rights and
substandard conditions. According to the Moscow Department of
Education, there are approximately 26,000 children with disabilities in
Moscow, but only the special needs of 100 children with disabilities in
secondary level education have been accommodated. According to
Perspektiva, federal funding for social support of the disabled from
2006-10 was 310 million rubles ($10 million), and a subprogram for
rehabilitation of those disabled due to violent conflict was 9.58
million rubles ($333,000). Federal grants to non-governmental
organizations serving the disabled in 2010 alone totaled 800 million
rubles ($27.8 million), and the Moscow government reportedly spent 36.5
billion rubles ($1.27 billion) between 2007 and 2009 on its Social
Integration of Disabled Persons and Other Persons with Disabilities
program. The federal government plans to spend 46 billion rubles ($1.6
billion) over five years through its Accessible Environment program to
improve access for the disabled.

National/Racial/Ethnic Minorities.--The law prohibits
discrimination based on nationality; however, government officials at
times subjected minorities to discrimination. Recent years saw a steady
rise in societal violence and discrimination against minorities,
particularly Roma, persons from the Caucasus and Central Asia, dark-
skinned persons, and foreigners. The number of reported hate crimes
increased during the year, and skinhead groups and other extreme
nationalist organizations fomented racially motivated violence. Racist
propaganda remained a problem during the year, although courts
continued to convict individuals of inciting ethnic hatred by means of
propaganda. In December, in the wake of the death of an ethnic Russian
after a street brawl involving ethnic Russians and persons of Caucasus
origin, Moscow experienced widespread racial rioting by thousands of
participants that the authorities were often unable to control. Several
dozen individuals of Central Asian and Caucasus appearance were
attacked and severely beaten in the capital. President Medvedev
condemned the nationalist violence. Some high-level government
officials initially failed to do so, and some appeared to give
legitimacy to the demands of the nationalists, placing the blame on
foreign migrants.
A number of studies released in March 2009 by independent NGOs and
advocacy groups, such as the Tajik Migrant Workers Union, found
widespread problems of unpaid laborers with no legal recourse.
Persons of color complained of unequal treatment at the hands of
authorities. In Moscow authorities subjected persons of color,
especially those of Central Asian and Caucasus appearance, to far more
frequent document checks than others and frequently demanded bribes
from those lacking documents.
According to the Moscow Protestant Chaplaincy's Task Force on
Racial Violence and Harassment, police in Moscow consistently failed to
record the abuse of African minorities, and did not charge the alleged
attackers with any crime or issue copies of police reports to the
alleged victims. In one case this year, a policeman refused to record
an attack on a Congolese student in Moscow because the event took place
on a Friday, the day in question was a holiday and ``this is Russia.''
On another occasion, the police allegedly told a Cameroonian victim
that it was too late in the evening to make a police report and to come
back the next day. When the victim returned the following day, the
police attempted to twist the events and claim that the victim was
actually the attacker.
Twenty-four racially motivated attacks on Africans were reported
this year in Moscow, according to the SOVA Center. In one March attack,
two unknown men attacked a man from Cameroon with knives, hospitalizing
him for three weeks.
In Bashkortostan, authorities required applicants for new identity
documents to state their ethnic origins, contrary to the constitution,
which states that ``no one shall be forced to identify and state their
ethnicity.'' Some officials appeared to stoke societal antipathy toward
migrant workers from Central Asia by making statements imputing greater
criminality to migrants than to citizens. In May 2009 Federal
Investigative Committee head Aleksandr Bastrykin commented to an
interviewer that migrants were to blame for the majority of crimes in
society. In December hundreds of members of the Young Guard, a youth
wing of the United Russia Party, rallied in Moscow to demand the
expulsion of millions of nonethnic Russian labor migrants.
Skinhead violence continued to be a serious problem. Skinheads
primarily targeted foreigners, particularly Asians and individuals from
the Northern Caucasus, although they also expressed anti-Muslim and
anti-Semitic sentiments. According to the Ministry of Interior, neo-
fascist movements had approximately 15,000 to 20,000 members, more than
5,000 of whom were estimated to live in Moscow. However, the ministry
stated that if the category were expanded to include ``extremist youth
groups'' in general, the number was closer to 200,000 countrywide. In
February 2009 the MBHR estimated that there were as many as 70,000
skinhead and radical nationalist organizations, compared with a few
thousand in the early 1990s. Skinhead groups were most numerous in
Moscow, St. Petersburg, Nizhniy Novgorod, Yaroslavl, and Voronezh. The
three most prominent ultranationalist groups--the Great Russia Party,
the Slavic Union Movement, and the Movement against Illegal Immigration
--claimed, respectively, 80,000, 10,000, and 20,000 members. However,
membership claims by these underground organizations were difficult to
verify.
Police investigation of cases that appeared to be racially or
ethnically motivated was frequently ineffective. Authorities were at
times reluctant to acknowledge the racial or nationalist element in the
crimes, often calling attacks ``hooliganism.'' Many victims met with
police indifference, and immigrants and asylum seekers who lacked
residence documents recognized by police often chose not to report
attacks. According to the SOVA Center, willingness to recognize crimes
as hate crimes varied widely depending on the personal views of the
local prosecutor; the center noted that the number of hate crimes
prosecuted in Moscow increased significantly after a new prosecutor
took office in 2008.
The SOVA Center reported a general increase in the amount of
racially motivated violence. According to SOVA data, there were 400
racially motivated attacks during the year, resulting in 37 deaths and
363 injuries, an increase from 19 persons killed and 167 injured in
2009. The SOVA Center stated that during the year, 273 persons were
convicted for crimes motivated by ``aggressive xenophobia,'' of whom
154 were imprisoned. In most cases the attackers wore skinhead attire
or proclaimed nationalist slogans.
According to the SOVA Center, on February 3, Konstantin Dushenov,
editor of an ultranationalist newspaper, Rus Pravoslavnaya, was found
guilty of inflaming racial hatred and sentenced to three years in jail.
A June 2009 report by SOVA noted that, in addition to their more
traditional targets, neo-Nazis were increasing their attacks on law-
enforcement personnel. For example, on April 12, Moscow judge Eduard
Chuvashov was shot to death in his central Moscow apartment complex. He
had presided over high-profile trials of fascists, including the
ultranationalist White Wolves gang and the Ryno-Skachevsky group. The
White Wolves had been charged with killing non-white victims and the
Ryno group with killing 20 persons and targeting migrants.
On April 30, a Moscow city court outlawed the neo-Nazi Slavic Union
group, declaring it extremist.
On May 14, a grenade was thrown into a Muslim-owned store in St.
Petersburg. It is suspected that the crime was racially motivated. On
May17, a popular ethnically Brazilian Soviet-era actor, Tito Romalio,
was attacked and later died. It was suspected that the crime was
racially motivated as well.
On July 27, the Tver city court sentenced neo-Nazi Russian National
Unity group member Dmitry Orlov to life in jail for four killings and
multiple assaults stemming from hate crimes committed between 2005 and
2006.
On July 29, four teenagers in St. Petersburg were found guilty by
the Vyborgskiy District Court of St. Petersburg of inflaming ethnic
hatred and attacking a group of Asians. One victim died from the
attack, and the killer was sentenced to a seven and one-half years in
prison. The other three perpetrators received suspended sentences of
three to four years.
In August 2009 FSB officers arrested Anton Mukhachev, one of the
suspected cofounders of the extreme nationalist organization Northern
Brotherhood and its Internet-based game Bolshaya Igra, and charged him
with incitement to ethnic hatred. Mukhachev remained in detention at
year's end. An investigation into his alleged crimes was completed in
the summer, but a trial has not yet been scheduled. The group's
Internet-based game is no longer online. Many online nationalists
expressed support for Mukhachev, with some threatening revenge against
authorities.
On June 17, 10 members of an extremist youth group were arrested in
connection with the December 2009 killing of a Ghanaian citizen.
There were no reports of further developments in several 2009
attacks that appeared to be racially motivated, including: the February
attack by three youths in St. Petersburg on an African student at the
Bonch-Bruyevich Telecommunications University, the May skinhead attack
on an Indian restaurant in Moscow, and the October killing of a young
Kyrgyz man on Bolshoy Cherkizovsky Street in Moscow.
There were no reports of arrests or prosecutions related to the
following 2008 cases: the skinhead attack on Kyrgyz and Vietnamese
students at a Ufa university, the incendiary attacks by masked
perpetrators on a group of Tajik guest workers in Moscow, the attack on
a Turkmen embassy official by 10 neo-Nazis, and the attack near Moscow
against two Tajik workers, one of whom was beheaded.
There were developments in some ethnically motivated killings from
previous years. In February 2009 the trial began of the Borovikov gang,
whose members were charged with seven killings motivated by ethnic
hatred between 2003 and 2006. Fourteen skinheads were involved, and
nine were arrested. Of the two leaders of the gang, only Aleksey
Voevodin is on trial; the other, Dmitriy Borovikov, was shot and killed
by militiamen while resisting arrest in 2006. The case consists of 13
episodes of criminal activities of the gang. Due to extensive delays in
the investigation and trial, the Government was forced to release
several of the accused. The trial for the remaining accused continued
at year's end; several witnesses and victims have been threatened
according to SOVA.
Six persons of North Caucasus origin were convicted and sentenced
in connection with the 2006 ethnic rioting in Kondopoga, Karelia. Their
sentences ranged from three to 22 years' imprisonment.
There were indications that the Government took ultranationalism
seriously as a potential threat to the social order. However, in a
March 20 interview with Interfax, Federal Migration Service deputy head
of the International and Public Relations Directorate Konstantin
Poltoranin dismissed the idea that xenophobia and ethnic intolerance
had reached a dangerous level. According to Poltoranin, ``To say that
in Russia foreign citizens are being victimized en masse is stupid.
These are isolated incidents.'' During the Manezh square riots, on
multiple occasions, police effectively protected members of ethnic
minorities who had been targeted for attack by neo-nationalist groups.
Human rights organizations expressed concern that Romani children
in the education system experienced discrimination. According to the
NGO Anti-Discrimination Center Memorial, a number of schools refused to
register Romani students on the grounds that they lacked documents,
while others segregated Romani students or placed them in classes
designed for children with learning disabilities because of their
ethnicity.

Indigenous People.--The law provides for support of indigenous
ethnic communities, permits them to create self-governing bodies, and
allows them to seek compensation if economic development threatens
their lands. Groups such as the Buryats in Siberia and ethnic groups in
the far north (including the Enver, Tafarli, Chukchi, and others)
continued to work actively to preserve and defend their cultures as
well as their right to benefit from the economic resources of their
regions. Most asserted that they received the same treatment as ethnic
Russians, although some groups claimed that they were not represented,
or were underrepresented, in regional governments.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Homosexuality was
decriminalized in 1993; however, the gay and lesbian communities
continued to suffer from societal stigma and discrimination. Gay rights
activists asserted that the majority of gays hide their orientation due
to fear of losing their jobs or their homes, as well as the threat of
violence. However, there are active gay communities in Moscow and St.
Petersburg. Medical practitioners reportedly continued to limit or deny
gay and lesbian persons health services due to intolerance and
prejudice. According to recent studies, gay men faced discrimination in
workplace hiring practices. Openly gay men were targets for skinhead
aggression; police often failed to respond out of indifference. A few
gay rights organizations operated but did so out of public view.
In Moscow authorities banned permits for a gay pride parade for the
fifth year. Moscow's then mayor Yury Luzhkov, described gay pride
marches as ``satanic.'' However, on May 29, rights activists in Moscow,
employing stealth tactics, managed to hold a rally in the center of
Moscow despite a ban imposed by the city's authorities. The protesters
walked for approximately six-tenths of a mile and left when they saw
police. There were no reports of attempts to stop the activists. A few
hours later another march took place in northwest Moscow. On the same
day, representatives of the Russian Orthodox, Protestant, Muslim, and
Buddhist communities made statements in support of then mayor Luzhkov's
position and against public actions by sexual minorities.
Five participants in a gay rights rally at the Hermitage Museum in
St. Petersburg were arrested for taking part in an unauthorized event
on June 26. The police also arrested 20 men who reportedly planned to
attack the demonstrators. All were released the next day.
According to Nikolay Alekseyev, a leader of Moscow's gay community,
in September he was kidnapped from an airport by persons he believed to
be security personnel and held for two days outside Moscow where he was
threatened and verbally abused by plainclothes officers. Alekseyev
expressed the belief that this was an effort to get him to drop
lawsuits against Russia filed with the ECHR (see section 1.b.).
Societal animosity toward gays remained strong. In 2008 two youths
killed a man they perceived to be gay. Police arrested both
individuals, and at year's end they remained under investigation. On
October 30, an estimated 1,000 protesters staged a rally in Moscow
against gay parades, the legalization of same-sex marriages, and
immorality. According to press reports, the rally was organized by a
number of Orthodox organizations; many participants carried signs,
among them ones that read: ``A gay parade will never be held in
Moscow.'' The protest followed a ruling earlier in the month by the
ECHR that found the city's ban on gay pride parades to be in violation
of the European Convention on Human Rights.
The city of St. Petersburg gave permission to hold a gay rights
parade/demonstration on November 20. According to the human rights Web
site GayRussia.ru, this was the first legally sanctioned gay
demonstration in the country's history. There was a large turnout by
antigay demonstrators, who threw eggs and shouted insults, and the
demonstration was broken off after 40 minutes due to violence.

Other Societal Violence or Discrimination.--Persons with HIV/AIDS
often encountered discrimination. A federal AIDS law includes
antidiscrimination provisions but frequently was not enforced. HRW
reported that HIV-positive mothers and their children faced
discrimination in accessing health care, employment, and education.
Persons with HIV/AIDS found themselves alienated from their families,
employers, and medical service providers. According to the NGO
GayRussia.ru, the Government no longer requires HIV tests for visitors
who apply for short term tourist visas or business visas for one year
or longer, so long as the total stay in Russia is not greater than
three months per year.
Section 7. Worker Rights

a. The Right of Association.--The law provides workers the right to
form and join unions, but government policy limited its exercise in
practice. For example, by law, the Federal Registration Service should
consider a union officially registered once it has submitted the
requisite documents. In practice, however, labor experts asserted that
the documents a union must submit vary among regional offices of the
service, and the offices often find fault with the papers provided for
minor, bureaucratic reasons.
The Federation of Independent Trade Unions of Russia (FNPR)--the
largest union organization in the country--reported that approximately
45 percent of the workforce was unionized, a decline from approximately
55 percent in 2006. As of June, its membership of 24.7 million (35
percent of the workforce), constituted a majority of unionized workers.
By law labor unions are independent of government bodies,
employers, political parties, and NGOs. Interference by government
authorities in union activities is prohibited. However, labor activists
reported that police regularly used widespread intimidation techniques
against union supporters, including detention, extensive
interrogations, and provocation of physical confrontation.
Police and prosecutors often questioned union activists based on
written orders from the regional office of the FSB. Union activists
also alleged that police pressured them to become informants.
On July 13, Ministry of Interior Senior Police Lieutenant
Mikhailova met with Denis Litvin, the chair of the Interregional Union
of Autoworkers' affiliate, at his workplace, Tagro, which produces food
processing equipment. During the meeting Mikhailova accused Litvin of
falsifying union documents and demanded a list of union members and
information on his friends and labor activists, which he refused to
supply. On July 30, Tagro security staff detained Litvin and threatened
him with physical violence if he did not stop distributing union
information and ``stirring up people.'' In September, after Litvin won
a court case against management for antiunion discrimination,
management fired him instead of implementing the court ruling.
In January the Labor Confederation of Russia and All-Russia
Confederation of Labor filed a joint complaint against the Government
with the International Labor Organization's Freedom of Association
Committee. The complaint, later joined by leading unions, documents
violations that took place from 2006 to 2009, including: violations of
trade union rights and civil liberties, violations of workers' right to
establish organizations without prior authorization, discrimination
based on union membership and union activities, refusal by employers to
recognize newly formed unions, denial of union leaders' access to
members' workplaces, violations of the right to bargain collectively,
government interference in trade union activities, and absence of an
established system to defend trade union rights.
In February 2009 unidentified assailants attacked Yevgeniy Ivanov,
chair of the independent Interregional Union of Autoworkers' General
Motors (GM), near his home in a suburb of St. Petersburg. In November
2009 GM terminated Ivanov. In December 2009 Ivanov filed a request with
the district court for the restoration of his position and monetary
compensation. In March the court ruled in favor of Ivanov, restored him
to his position, and ordered GM authorities to pay him 106,000 rubles
($3,500) in compensation.
The National Union of Mineworkers (NUM) continued to seek the
release of Valentin Urusov, a miner allegedly framed and imprisoned in
2008 after recruiting employees of the Alrosa Diamond Mining Company to
join a union. According to NUM, Urusov was sentenced to six years of
hard labor on a fabricated charge of drug possession. In May 2009 the
Yakut Supreme Court initially released Urusov and ordered another
investigation; but the court subsequently upheld the conviction with a
reduced sentence of five years. Despite a continuing review of the case
by the prosecutor general at the request of the Public Chamber,
Urusov's status remained unchanged at year's end.
The law establishes the right to strike, but that right was
difficult to exercise. The majority of strikes were considered
technically illegal because they violated one or more of a complex set
of procedures governing disputes. The law requires the provision of a
minimum level of essential services if a strike could affect the safety
or health of citizens. The labor code prohibits strikes in the military
and emergency response services. In addition, it prohibits strikes in
essential public service sectors, including utilities and
transportation, or strikes that would threaten the country's defense
and safety or the life and health of its workers. According to the
FNPR, the legal preparation for a strike takes at least 40 days.
As of November the State Statistics Service had not registered any
strikes. Independent commentators, on the other hand, noted a
significant number of protest actions. The Center for Social and Labor
Rights (Moscow) registered 102 protests in the first half of the year,
which included 44 protest actions that involved the complete or partial
cessation of work. The majority of labor disputes occurred in the
manufacturing sector, particularly in machine-building enterprises. In
2009 the primary causes of labor disputes were wage arrears (more than
50 percent), layoffs (21 percent), and company reorganization or
closure (18 percent).
The law prohibits reprisals against strikers; however, employers
frequently engaged in reprisals, including threats of night shifts,
denial of benefits, blacklisting, and termination. Courts may
confiscate union property to cover employers' losses in the event that
a declared strike continued after it was ruled illegal. Solidarity
strikes and strikes on issues related to state policies also are
prohibited. The courts have upheld most employers' requests to declare
a strike illegal.
In June 2009 approximately 700 employees of the Bogdanovich
Porcelain Factory in Sverdlovsk Oblast participated in a spontaneous
demonstration in protest of the termination of plant operations
resulting from a cutoff of gas supplies. The two leaders of the
factory's trade union, who were elected after the demonstration,
initiated a counterclaim in the Bogdanovich District Court to combat
administrative cases that had been filed against them for the ``illegal
initiation of a strike.'' Although the demonstration did not disrupt
public order, regional law enforcement forces were brought in just in
case. The 99,000 ruble ($3,200) cost of the militia forces was billed
to the trade union leaders. The case was not resolved by year's end.

b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining but favors larger, established
unions over newer, smaller unions or professional ``craft'' unions.
Employers were slow to recognize newly formed unions. In addition, they
often accepted union requests for collective bargaining reluctantly and
failed to provide union representatives with financial reports. In 2009
the FNPR reported that 87 percent of its enterprises had collective
bargaining agreements. Some companies tried to use the excuse of
financial difficulties to avoid concluding new agreements or
disregarded the existing ones in violation of labor legislation norms.
The law prohibits antiunion discrimination, but management
continued to harass union leaders and employees at the local level.
State agencies with responsibility for overseeing the observance of
labor legislation frequently failed to fulfill their responsibilities.
Although unions were occasionally successful in courts, in most cases
the management of companies that engaged in antiunion activities was
not penalized.
On June 15, workers at St. Petersburg Faurecia, a French producer
of plastic parts for Ford, Renault, Volkswagen, and other auto
manufacturers, formed a union. On the morning of June 18, they notified
the management that the union had been established; by the evening of
the same day, the union leader, Alexei Lyaushko, was fired. The local
union filed a court case for Lyaushko's reinstatement.
Union members at the Progress aircraft plant in Arsenyev complained
to the plant's administration that salary levels had not been reviewed
in three years. Wages at the plant were lower than the regional average
and approximately half that of workers in similar companies. When
negotiations with the administration were unsuccessful, the union
appealed to the Arsenyev City Court, which denied the trade union's
appeal in February. The Primorskiy Kray Court, however, ruled in July
that the union was justified in its demand for higher wages in
accordance with labor code salary regulations. As a result, the plant's
administration had to increase wages according to the appropriate
indexation level. According to the union, the raise had to be more than
60 percent. On August 17, the union issued a statement, asserting that
its members were ``under pressure and discrimination in wage payment,
organized by the plant's administration.'' One worker stated that those
who complained about wages no longer received bonus payments, as had
been the case prior to the court case, and that the administration did
not allow them to work overtime.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor; however, there were reports that such
practices occurred. Men, women, and children from Russia are subjected
to conditions of forced labor in Russia, including work in the
construction industry, in textile shops, and in agriculture, according
to the National Foundation for the Prevention of Cruelty to Children
and UNICEF's Russia Office.
For additional information, see the Department of State's annual
Trafficking in Persons Report at http://www.state.gov/g/tip.
Military personnel have been investigated in the past for the labor
exploitation of military conscripts under their command. Men from the
Far Eastern part of the country were subjected to conditions of debt
bondage and forced labor, including in the agricultural and fishing
sectors. Men, women, and children, including those from foreign
countries, including Belarus, Kyrgyzstan, Tajikistan, Uzbekistan,
Ukraine, and Moldova, were subjected to conditions of forced labor,
including work in the construction industry, in textile shops, and in
agriculture.
According to different estimates from BBC News and the Vneshmarket
Web site, between 1,500 and 21,000 men and women from North Korea were
subjected to conditions of forced labor, specifically in the
construction, agriculture, and logging sectors.
The law prohibits forced or bonded labor by children; however, such
practices reportedly occurred.

d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws to protect children from exploitation in the workplace,
including laws against compulsory labor; however, authorities did not
effectively implement laws and policies that would protect children,
nor did the Government appear to consider child labor to be a problem.
In urban areas the employment of children occurred primarily in the
informal sector--retail services, selling goods on the street, washing
cars, and making deliveries. In rural areas children worked in the
agriculture sector.
The law prohibits the employment of children under the age of 16 in
most cases and regulates the working conditions of children under the
age of 18, including prohibiting dangerous nighttime and overtime work.
The law permits children, under certain conditions and with the
approval of a parent or guardian, to work at the age of 14. Such work
must not threaten the child's health or welfare.
The Federal Labor and Employment Service (FLES) is responsible for
inspecting enterprises and organizations to identify violations of
labor and occupational health standards for minors. Local police only
investigated in response to complaints. FLES reported 10,000 violations
of child labor laws in 2008 (the latest statistics available), noting
that the victims often received little pay and suffered from unsafe
working conditions. FLES noted that most of the abuses it discovered
occurred in the industrial, trade, and agricultural sectors. According
to FLES, employers paid 1.5 million rubles ($49,600) in fines for
violating child labor laws in 2008.

e. Acceptable Conditions of Work.--The legal minimum wage was 4,330
rubles ($143) per month. The minimum wage was not sufficient to provide
a decent standard of living for a worker and family.
According to official statistics (Federal Statistics Service), in
the first three quarters of the year, 13.5 percent of the population
(18.9 million persons) had incomes below the minimum subsistence level.
This was a decrease from the first three quarters of 2009, when the
figure was 14.0 percent of the population or 19.7 million people. The
subsistence level set by the Government is 5,707 rubles ($195) a month.
In March and April, employees of the Kushva Mechanical Shop Ltd.
and Amur Machine Building Plant in Sverdlovsk Oblast filed criminal
cases against their employers. Under pressure due to economic
instability and significant wage arrears, the management of both
enterprises had demanded that employees take out personal loans and
lend the borrowed money to their employers ``for factory needs.''
Threatened with dismissal, the employees had complied. To date, the
borrowers (employers) have not paid the employees back. Challenged with
increasing salary debts and growing bank interest, the employees
appealed to the ombudsman and the general prosecutor of Sverdlovsk
Oblast. The conflicts have proven difficult to resolve, however, due to
scant factual evidence of employer pressure other than employees'
testimony.
In March construction workers on projects related to the 2014
Olympic Games in Sochi began a hunger strike to protest unsanitary
living conditions and months of unpaid wages. The back wages were paid
within two weeks.
In August a group of workers in Kirov conducted a hunger strike to
protest poor living conditions in a workers' dormitory run by a tire
factory.
In November hundreds of autoworkers in Taganrog went on
unregistered strike to protest two months of unpaid wages.
The law provides for a standard workweek of 40 hours with at least
one 24-hour rest period and requires premium pay for overtime or work
on holidays. Information was insufficient to determine the extent to
which employers observed these standards in practice.
The law establishes minimum conditions for workplace safety and
worker health. The FLES is responsible for enforcement. However, the
Government did not allocate sufficient resources to enforce these
standards effectively. In many cases factory workers did not have
adequate protective equipment and clothing, enterprises stored
hazardous materials in open areas, emergency exits were locked, and
smoking was permitted near flammable substances. The FLES reported that
occupational incidents caused more than 3,190 deaths, including those
of 278 women and two minors in 2009, and that unsatisfactory working
conditions directly or indirectly caused up to 40 percent of all
diseases among workers. In 2008 the Health Ministry initiated a two-
year program to improve working conditions and worker safety in an
attempt to transition from a reactive policy to one of proactive
management of hazards to workers' health.
The law gives workers the right to remove themselves from hazardous
or life-threatening work situations without jeopardizing their
continued employment; however, the Government did not effectively
enforce this right. Many companies employing workers in hazardous
conditions awarded bonuses based on worker productivity, which could
encourage workers to jeopardize their safety for higher salaries.
In May two explosions caused by the accumulation of methane gas and
a concealed underground fire at the Raspadskaya coal mine in Kemerovo
Oblast claimed the lives of 68 miners and rescue workers. Poor
compliance with safety regulations reportedly led to the explosions.
Following the incident, government officials blamed Raspadskaya
management for basing wages on output and offering productivity bonuses
that encouraged the suppression of methane detection systems.
Prosecutors initiated a criminal case against the mine's director on
the grounds that he violated safety regulations.
The law entitles foreigners working legally in the country to the
same rights and protections as citizens. However, Human Rights Watch
noted in a May 2009 report that many employers in the construction
sector, in which migrant laborers often worked, did not enforce safety
standards, nor did they provide migrant workers with mandatory
insurance or medical treatment. For example, press reports during the
year cited multiple claims by workers of poor housing and nutrition, as
well as long, 13-hour workdays on construction sites associated with
the 2012 Asia-Pacific Economic Cooperation Forum in Vladivostok.

__________

SAN MARINO

The Republic of San Marino, with a population of approximately
30,000, is a multiparty democracy. The popularly elected unicameral
Great and General Council (parliament) selects two of its members to
serve as captains regent (cochiefs of state). They preside over
meetings of the Council and the Congress of State (cabinet), which has
no more than 10 other members (secretaries of state) selected by the
council. Parliamentary elections, last held in 2008, were considered
free and fair. Security forces reported to civilian authorities.
There were some reports of violence against women.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and there were no
reports that government officials employed them.

Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, and the
Government permitted visits by independent human rights observers. The
country does not have an ombudsman for detained persons.
Prisoners and detainees have reasonable access to visitors and are
permitted religious observance practices. During the year prisoners and
detainees submitted no complaints concerning treatment or conditions to
officials. The Government monitors prison conditions and there were no
media reports criticizing prison authorities.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the civil police, the Gendarmerie,
and the National Guard, and the Government had effective mechanisms to
investigate and punish abuse and corruption. There were no reports of
impunity involving the security forces during the year.

Arrest Procedures and Treatment While in Detention.--Suspects were
apprehended openly with warrants based on sufficient evidence and
issued by a duly authorized official. The law provides a detainee with
the right to a prompt judicial determination of the legality of the
detention, and the authorities generally respected this right in
practice. There is a well-functioning bail system. Detainees are
allowed prompt access to family members and to a lawyer of their
choice; the state provides legal assistance to indigent persons.

e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.

Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right. Trials are
public and are presided over by a single judge. There are no provisions
for a jury trial. Defendants have the right to be present and to
consult with an attorney even during preliminary investigations.
Defendants can confront or question witnesses against them and present
witnesses and evidence on their behalf. They have access to government-
held evidence relevant to their cases. They enjoy a presumption of
innocence and have the right to two levels of appeal.
In case of legal actions against military personnel, a civil judge
is temporarily given a military grade and assigned to an ad hoc
military tribunal.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--Judges act independently
and impartially on civil matters, and administrative as well as
judicial remedies exist for alleged wrongs, including human rights
violations.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The law provides
for these rights, and the Government generally respected them in
practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

Protection of Refugees.--While the law does not provide for the
granting of asylum or refugee status in accordance with the 1951 UN
Convention relating to the Status of Refugees and its 1967 protocol,
the Government has a system for providing protection to refugees. In
practice, the Government provided protection against the expulsion or
return of refugees to countries where their lives or freedom would be
threatened on account of their race, religion, nationality, membership
in a particular social group, or political opinion. The Government may
grant refugee status or asylum by an act of the cabinet. There were no
requests for asylum during the year.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--Parliamentary elections,
held in 2008, were considered generally free and fair. The Pact for San
Marino, a Center-Right coalition led by the Christian Democratic Party,
won 35 of the 60 seats in the Great and General Council.
Political parties could operate without restriction or outside
interference.
Nine women were elected to the Great and General Council in the
November elections, and two women were in the 10-member Congress of
State, including the head of government (secretary of state for foreign
affairs.)
There were no members of minorities in the Government.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption.
However, there were no reports of corruption by public officials during
the year. Public officials are subject to financial disclosure
requirements.
The law provides for public access to government information, and
the Government provided access for citizens and noncitizens through the
Great and General Council's Web site.
There were no known cases of corruption involving public officials.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
There were no domestic human rights organizations, although the
Government did not restrict their formation. The Government declared
itself open to investigations by international nongovernmental
organizations (NGOs) of alleged human rights abuses; there were no
known complaints or requests for investigations during the year.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status, and the Government effectively enforced it.

Women.--Rape, including spousal rape, is a criminal offense, and
the Government effectively prosecuted persons accused of such crimes.
The penalty for rape is two to six years' imprisonment. In the case of
aggravating circumstances, the penalty is four to 10 years'
imprisonment. There were no reports of rape during the year.
The law prohibits violence against women, and the Government
effectively enforced it. The penalty for spousal abuse is two to six
years' imprisonment. In the case of aggravating circumstances, the
penalty is four to 10 years' imprisonment. According to official
sources, there were 24 pending cases of violence against women during
the year.
Sexual harassment is prohibited, and the Government effectively
enforced the law. There were no reports of sexual harassment during the
year.
Women enjoy the same rights as men, including rights under family
law, property law, and in the judicial system. There was no reported
economic discrimination against women in pay, employment, or working
conditions.
Couples and individuals have the right to decide the number,
spacing, and timing of their children and had the information and means
to do so free from discrimination, coercion, and violence. Access to
information on contraception and skilled attendance at delivery and in
postpartum care were widely available. Women and men had equal access
to diagnostic services and treatment for sexually transmitted
infections.

Children.--Violence against or abuse of children was uncommon.
According to government sources, there were three pending cases of
violence against minors.
The minimum age of consent is 18 years, and the penalty for sexual
acts with a minor is imprisonment from six months to three years. The
penalty increases to two to six years if the act involves a child under
14 years of age or a child under 18 with physical or mental
disabilities. The law punishes not only child pornography performances,
works, or material, but also anyone trading in or providing or in any
way distributing child pornography material. The law punishes anyone
distributing information aimed at enticing or sexually exploiting
children under the age of 18. The penalty for this type of crime is
imprisonment from two to six years, which is increased to four to 10
years if the act involves sexual intercourse or if it has been
committed to the detriment of a child under 14 years of age or a child
under 18 with physical or mental disabilities.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Trafficking in Persons.--In 2009 there were no confirmed reports
that persons were trafficked to, from, or within San Marino.

Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, and in the provision of other state services, and the
Government effectively enforced these provisions. There were no reports
of societal discrimination against persons with disabilities. The
Ministry for Territory has not fully implemented a law that mandates
easier access to public buildings by persons with disabilities, and
many buildings were inaccessible.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There were no reports of
discrimination based on sexual orientation.

Other Societal Violence or Discrimination.--There were no reports
of discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--By law all workers (except those in
the Gendarmerie and National Guard) are free to form and join
independent unions of their choice, and workers exercised this right.
The law sets the conditions to establish labor unions. Union members
constituted an estimated 50 percent of the workforce, which numbered
approximately 15,000 citizens plus 6,000 workers who resided in Italy.
The law allows all civilian workers, including the civil police, the
right to strike, and workers exercised this right. A ``conciliatory
committee'' composed of representatives from labor, business, and
government generally resolved complaints of antiunion discrimination
amicably.

b. The Right to Organize and Bargain Collectively.--The law
prohibits antiunion discrimination and allows unions to conduct their
activities without interference, and the Government protected this
right in practice. Collective bargaining agreements have the force of
law and are applicable to all workers, whether unionized or not.
Negotiations were conducted freely, often in the presence of government
officials by invitation from both unions and employer associations.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children, and there were no
reports that such practices occurred.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
Government effectively enforced laws and policies to protect children
from exploitation in the workplace. The minimum age for employment is
16, and the Ministry of Labor and Cooperation granted no exceptions.
The law does not limit children between the ages of 16 and 18 from any
type of legal work activity. According to the labor unions there are no
specific provisions for minors. However, the labor unions are presently
negotiating with the Government to increase the minimum age for
employment to 18 years old. The Government devoted adequate resources
and oversight to child labor policies, and the Ministry of Labor and
Cooperation effectively enforced compliance with the law.

e. Acceptable Conditions of Work.--The national minimum wage (i.e.,
the lowest wage applicable to an 18-year-old worker) is 9.69 euros
(approximately $12.98 per hour). According to NGOs, this amount did not
provide a decent standard of living for a worker and family who did not
own their own home. However, 90 percent of citizens owned their own
homes, and wages generally were higher than the minimum provided by
law.
The law sets the workweek at 36 hours in the public sector and 37.5
hours for industry and private businesses, with 24 consecutive hours of
rest per week mandated for workers in both categories. The law requires
a premium payment for overtime and allows a maximum of two hours of
overtime per day. The Department of Labor conducted 3,223 inspections
in 2007 (latest publicized data) of laws and industry contracts that
prohibit excessive compulsory overtime.
The Government set safety and health standards, and the judicial
system effectively enforced these standards. Most workplaces complied
with the standards. However, there were exceptions, especially in the
construction industry, where some employers did not consistently abide
by safety regulations, such as work hour limitations and use of
personal safety devices. There was one serious on-the-job injury in
August, resulting in the death of a worker on the premises of a company
that offers cleaning services. Workers have the right to remove
themselves from situations that endanger health or safety without
jeopardy to their employment. However, according to press reports,
enforcement was lacking in the informal sector, which employed a
growing number of foreign workers.

__________

SERBIA

The Republic of Serbia is a multiparty parliamentary democracy with
approximately 7.5 million inhabitants. Boris Tadic was reelected
president in February 2008. In May 2008 voters elected a new parliament
in which some minority ethnic parties won seats. Observers considered
both elections to be mostly in line with international standards.
Security forces reported to civilian authorities.
During the year the following human rights problems were reported:
physical mistreatment of detainees by police; inefficient and lengthy
trials; harassment of journalists, human rights advocates, and others
critical of the Government; limitations on freedom of speech and
religion; lack of durable solutions for large numbers of internally
displaced persons (IDPs); corruption in legislative, executive, and
judicial branches of government including police; government failure to
apprehend the two remaining fugitive war crimes suspects under
indictment of the International Criminal Tribunal for the former
Yugoslavia (ICTY); societal violence against women and children;
societal violence and discrimination against minorities, particularly
Roma and the lesbian, gay, bisexual, transgender (LGBT) population; and
trafficking in persons.
One significant human rights achievement was marked at the October
10 Pride Parade, when the Government affirmed the freedom of assembly
of the LGBT community. Unlike previous years, the Government worked
closely with planners to prepare for the event, and police successfully
protected the marchers despite widespread violent protests by extremist
groups.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
because the police did not maintain a centralized record of police
shootings, it was unclear exactly how many fatalities occurred through
police shootings.
On May 26, Ivan Stojadinovic was acquitted of charges in connection
with the 2008 death of Knjazevac municipal court president Dragisa
Cvejic due to lack of evidence. Police suspected that Cvejic's killing
was politically motivated, due to his work as a judge.
No developments were reported in the investigation into the 2008
death of Ranko Panic, who died after police allegedly beat him at a
protest demonstration against the arrest and transfer of Radovan
Karadzic to the ICTY. There were no reports that authorities completed
disciplinary proceedings opened against six officers from Belgrade,
Nis, and Novi Sad, including a senior commander, for exceeding their
authority during the demonstration.
There were no developments during the year in the 2008 request by
the Special Prosecutor's Office for further investigation into the 1999
killing of prominent independent journalist Slavko Curuvija, owner of
the Dnevni Telegraf newspaper and Evropljanin magazine.
The special war crimes chamber of the Belgrade District Court
continued to try cases arising from crimes committed during the 1991-99
conflicts in the former Yugoslavia and two cases from World War II.
On September 12, the war crimes prosecutor indicted Toplica
Miladinovic, Srecko Popovic, Slavisa Kastratovic, Boban Bogicevic,
Zvonimir Cvetkovic, Radoslav Brnovic, Vidoje Koricanin, Veljko
Koricanin, and Abdulah Sokic for killing 41 civilians during the 1999
war in Kosovo. The nine were suspected of committing war crimes against
ethnic Albanian civilians in the western Kosovo village of Cuska to
drive them from their homes.
In December the Council of Europe released a report written by
human rights rapporteur Dick Marty which alleged that members of the
Kosovo Liberation Army (KLA) organized the murder and subsequent organ
trafficking of Serbian and Kosovo Albanian prisoners both during and
after the conflict in Kosovo in 1999. The report called on Serbia,
Kosovo, and Albania to cooperate closely with the EU Rule of Law
Mission (EULEX) in support of the investigation, and the country's
authorities pledged their cooperation with any investigation.
In March 2009 the war crimes prosecutor filed a request for an
investigation against five former members of the 37th Squad of the
Special Police Unit on the suspicion that they committed war crimes
against civilians and prisoners of war in Kosovo in 1999. Those named
in the request included Zoran Nikolic, Dragan Milenkovic, Zoran
Markovic, Nenad Stojkovic, as well as Radoslav Mitrovic, who was
acquitted in the Suva Reka war crimes trial. War crimes spokesman Bruno
Vekaric announced that information related to the case was gathered in
the course of a police investigation and from a request filed in March
2009 by the nongovernmental organization (NGO) Humanitarian Law Center
(HLC) to bring charges against 15 members of the 37th Squad.
On December 15, the trial chamber of the War Crimes Department of
the Higher Court in Belgrade confirmed a previous judgment, sentencing
Radojko Repanovic to 20 years in prison for his participation in the
1999 killing of 48 ethnic Albanians in Suva Reka, Kosovo. The court had
previously upheld sentences of Sladjan Cukaric to 20 years in prison,
Miroslav Petkovic to 15 years, and Milorad Nisavic to 13 years. The
principal defendant, former commander of the 37th Squad of the Special
Police Unit, Radoslav Mitrovic, as well as Nenad Jovanovic, and Zoran
Petkovic were acquitted. The war crimes prosecutor dismissed charges
against the eighth defendant, Ramiz Papic.
On June 16, the War Crimes Chamber of the Belgrade Appellate Court
affirmed the convictions and sentences of three members of the
Scorpions, a Serbian paramilitary unit. Dragan Medic, Dragan Borojevic,
and Miodrag Solaja were found guilty of violating the rules of
international law when they killed 14 ethnic Albanians, including seven
minors, in the town of Podujevo in 1999. The verdict against a fourth
defendant, Zelko Djukic, was reversed and the case returned to a lower
court for a retrial.
On November 29, the Appeals Court of the War Crimes Chamber
overturned the acquittal of Sreten Popovic and Milos Stojanovic, two
former members of the police unit accused of involvement in the
disappearance and subsequent killing of three U.S. citizen brothers,
Ylli, Mehmet, and Agron Bytyqi, in 1999. The court ordered that the two
receive a new trial at a lower level.
The trial of 17 members of the so-called Gnjilane group of the KLA
that began in September 2009 continued in the War Crimes Chamber. In
June 2009 the war crimes prosecutor filed an indictment charging them
with crimes related to the deaths of at least 80 Serbs, Roma, and
Albanians, as well as rape, in the region near Gnjilane, Kosovo, in
1999.
There were no developments in the December 2009 indictment against
Dusko Kesar on charges that he participated in the killing of three
Muslim civilians in Prijedor, Bosnia and Herzegovina, in 1994. The
indictment stated that Kesar, as a member of a Republika Srpska
Ministry of Internal Affairs reserve unit, killed Faruk Rizvic, Refik
Rizvic, and Fadila Mahmuljin.
The trial of Sasa Djilerdzica and Goran Savic for war crimes
against civilians in Zvornik, Bosnia and Herzegovina, in 1992 was still
underway at year's end.
The trial of Branko Popovic, leader of the self-proclaimed
``interim government of the Serbian municipality of Zvornik,'' and
Branko Grujic on charges including the 1992 imprisonment, inhumane
treatment, and death of more than 700 persons, 270 of whom have been
exhumed from mass graves in Crni Vrh and Grbavci, continued at year's
end.
On July 27, a court in London denied Serbia's request to extradite
Ejup Ganic for war crimes related to a 1992 attack on Yugoslav People's
Army forces in Dobrovoljacka Street in Sarajevo that led to the deaths
of at least 18 persons. The allegations included war crimes against
prisoners of war and the use of illegal means of warfare. The presiding
judge found that the extradition request represented either
``incompetence by the country's prosecutors or a motive for prosecuting
that is based upon politics, race, or religion.'' The Ministry of
Internal Affairs maintained an arrest warrant for Ganic and the other
18 persons suspected of the crime.
The investigation announced in November 2009 regarding five
individuals suspected of committing war crimes in Bosnia and
Herzegovina in July 1992 continued with separate financial
investigations. The charges alleged that the suspects imprisoned,
mistreated, and killed at least 23 Romani civilians in Skocic, Malesic,
Petkovci, and Drinjaca villages in the Zvornik municipality.
On November 1, the War Crimes Department of the Higher Court in
Belgrade sentenced Stanko Vujanovic to nine years in prison for
committing war crimes against the civilian population in Vukovar,
Croatia, in 1991. The prosecutor alleged that Vujanovic, as a member of
the Vukovar Territorial Defense Unit, killed four persons and seriously
injured another. On March 12, the war crimes chamber sentenced
Vujanovic to 20 years' imprisonment in the separate Ovcara case (see
below).
On June 23, the war crimes chamber sentenced former member of the
Vukovar Territorial Defense Unit, Damir Sireta, to the maximum prison
term of 20 years for participation in the killing of more than 200
Croatian prisoners of war at the Ovcara farm near Vukovar, Croatia, in
1991. On September 20, the Appellate Court's War Crimes Chamber upheld
the conviction but reduced the sentence to 15 years.
On June 23, the Belgrade Higher Court's War Crimes Department
sentenced Milorad Lazic and Nikola Konjevic to three years in prison
and Mirko Marunic to two years on charges that they inhumanely treated
Mirko Medunic, a Croatian police officer who had surrendered in Medak,
Croatia, in 1991. A fourth defendant, Perico Djakovic, was acquitted of
the charges.
In April authorities issued an arrest warrant for U.S. citizen and
alleged former Gestapo member Peter Egner who was accused of crimes,
including genocide, related to the killing of 17,000 Serb civilians at
the Staro Sajmiste concentration camp between 1941 and 1943. Egner
subsequently died.
There were no developments concerning the 2008 extradition request
from Hungary of Sandor Kepiro for war crimes allegedly committed in
Novi Sad in 1942.

b. Disappearance.--There were no reports of politically motivated
disappearances.
In cooperation with neighboring countries, the International
Commission on Missing Persons, and other international organizations,
the Government continued to make modest progress in identifying missing
persons from the Kosovo conflict.
During the year the International Committee of the Red Cross (ICRC)
chaired four meetings of the Working Group on Persons Unaccounted for
in Connection with Events in Kosovo, which included government
representatives from both Serbia and Kosovo. The total number of
persons still unaccounted for from the Kosovo conflict stood at 1,822
at year's end. During the year only 54 cases were closed. Of these, 52
remains were identified and handed over to families in Kosovo and
Serbia.
According to the ICRC, families in Serbia claimed that almost 1,300
relatives were still missing at year's end in Bosnia and Herzegovina,
Croatia, and Kosovo stemming from regional conflicts.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices; however, police
at times beat detainees and harassed persons, usually during arrest or
initial detention for petty crimes.
On July 10, a plainclothes police officer beat Borko Burmazovic in
a gambling parlor in Zemun. Burmazovic was hospitalized with nonlife-
threatening injuries. No charges were filed in the incident, which was
captured on security camera video; prosecutors stated they were
awaiting the results of an internal control investigation.
The 2008 case against Police Inspector Miljan Komnenovic, the
subject of three brutality complaints filed by the Committees for Human
Rights in Serbia, was discontinued without the issuance of an
indictment.
There were no developments in the investigation into the 2008
incident in which unidentified plainclothes police officers in Brus
allegedly beat three youths detained on suspicion of robbing a gas
station.
There were no developments in the 2008 case in which four Valjevo
police officers allegedly beat and abused Goran Z., Aleksandar S., and
Zarko Dj. at the Valjevo police station or in the 2008 case in which
three police officers in Arandjelovac allegedly beat college student
Nemanja Mijaljevic after he failed to obey a command to stop his
vehicle at a checkpoint.
The trial of Milan Zivanovic on charges of grave offenses against
general safety and aggravated larceny in connection with the 2008
attacks on foreign embassies was put on hold in November 2009 while a
court expert determined whether Zivanovic was too intoxicated to be
culpable. Zivanovic was released on bail.

Prison and Detention Center Conditions.--Prison conditions varied
greatly between facilities.
Prison overcrowding remained a problem which the Government
recognized. On March 26, Ombudsman Sasa Jankovic told parliament's
Justice and Administration Committee that the country's prisons, which
were built for a capacity of 7,000, held 12,000 inmates, with prisoners
sleeping on the floor. On June 9, Deputy Ombudsman Milos Jankovic said
prison living conditions were ``humiliating, and, as such, contain
elements of torture.'' He recommended expanding prison capacities,
improving health care, and enhancing prisons' cooperation with the
social services with a view to prisoners' reintegration in society.
Sanitation varied between and within facilities but was generally
poor. Higher-security ``closed'' wards sometimes lacked natural light
and proper ventilation. In one prison that lacked dining facilities,
inmates ate in their cells, resulting in unsanitary conditions.
In some prisons inmates continued to complain of dirty and inhumane
conditions. The quality of food varied from poor to minimally
acceptable, and health care was often inadequate.
Women made up approximately 3 percent of the prison population, and
juveniles made up 1 percent. While there was no evidence of mixing male
and female populations, youth and adult populations lacked proper
separation at the juvenile reformatory in Valjevo. There were no
reports of different treatment for women or gender-based violence.
In April a report by the Helsinki Committee for Human Rights in
Serbia (HCS) which focused on a juvenile detention facility in Valjevo
and a district prison in Leskovac found markedly different conditions
in the prisons' food and kitchens. While the reformatory's kitchen was
clean and followed health standards, the Leskovac kitchen was unclean
and the staff did not prepare the food in a sanitary manner. The HCS
report noted that food at the Leskovac prison was of low quality and
insufficient quantity.
Both prisons in the HCS report had sufficient medical personnel.
The Leskovac facility had arrangements with local healthcare facilities
when there was not around-the-clock care. However, the prisons were not
adequately prepared to treat the large number of drug addicts in their
populations. Supplies of medicines were sometimes insufficient.
Prisoners in the reformatory also complained that they did not receive
local anesthetic during dental care.
There was no new evidence of abuse by prison guards, although
statistics on injuries were not well kept. Guards were poorly trained
in the proper handling of prisoners.
Although the length of phone calls was sometime limited, prisoners
had ample opportunity to contact their families. There was no evidence
that government and prison authorities restricted NGO access to
prisons. However, inmates in the Leskovac facility alleged that prison
authorities censored letters sent to NGOs or legal authorities.
Permission for religious observance varied among facilities. The
Valjevo facility prepared special meals for Muslims and Orthodox
Christians and allowed them to fast in accordance with their faiths.
Deputy Ombudsman Milos Jankovic noted ``self-censorship'' among Muslim
prisoners with regard to practicing their faith openly. Prisons
sometimes segregated minorities, particularly Roma.
The Government permitted the ICRC and local independent human
rights monitors, including the HCS, to visit prisons and to speak with
prisoners without the presence of a warden. The ombudsman has the right
to visit prisoners and make recommendations concerning prison
conditions. The authority of the ombudsman does not extend to the
judiciary, and he cannot represent prisoners or detainees to consider
alternate punishment.

d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the Government mostly observed
these prohibitions.

Role of the Police and Security Apparatus.--The country's
approximately 43,000 police officers are under the authority of the
Ministry of Internal Affairs. The police are divided into four main
departments that supervise 27 regional secretariats (and a Coordination
Department for Kosovo and Metohija) reporting to the national
government. The effectiveness of the police force was uneven.
While most police officers were Serbs, the force included Bosniaks
(Slavic Muslims), ethnic Hungarians, ethnic Montenegrins, a small
number of ethnic Albanians, and other minorities. The police force in
southern Serbia was composed primarily of Serbs, although there were a
small number of ethnic Albanian officers.
There was a widespread belief that impunity was a problem among
police. The police internal control unit has 21 investigators who
examine complaints against the police, and many observers noted that
the quality of police internal investigation seemed to be improving.
From January through August, 307 criminal charges and 2,600
administrative proceedings were brought against police, compared with
only 262 and 103, respectively, brought during the five years from
2003-08. The Government generally did not provide training to the
police on corruption or human rights issues, but it facilitated
training from various international actors.
During the year there were reports that police failed to respond to
societal attacks against minority groups (see section 6).

Arrest and Detention.--Arrests were generally based on warrants,
although police were authorized to make warrantless arrests in limited
circumstances, including well founded suspicion of a serious crime. The
law requires an investigating judge to approve any detention lasting
longer than 48 hours, and authorities respected this requirement in
practice. Bail was allowed but rarely used; detainees facing charges
that carried possible sentences of less than five years were often
released on personal recognizance.
Articles 27, 29, and 33 of the constitution provide that police
must inform arrested persons immediately of their rights, and
authorities respected this requirement in practice.
The law provides access for detainees to counsel, at government
expense if necessary, and authorities often respected this right in
practice. Family members were normally allowed to visit detainees.
Suspects detained in connection with serious crimes can be held for up
to six months without being charged. The law prohibits excessive delays
by authorities in filing formal charges against suspects and in opening
investigations; however, such delays occurred regularly. Due to
administrative backlogs, authorities frequently held such persons for
the full six-month period allowed before charging them.
The law prohibits police use of force, threats, deception, and
coercion to obtain evidence, and such evidence is not permissible in
court; however, police sometimes used these means to obtain statements.
The law limits the length of pretrial detention from indictment to
the conclusion of a trial to two years for most cases, but allows
detention for up to four years for crimes that carry up to the maximum
penalty (40 years in prison). The law sets two years as the maximum
detention permitted after an appellate court vacates the judgment of a
trial court. Nonetheless, prolonged pretrial detention was a problem.
Due to inefficient court procedures, some of which were required by
law, cases often took extended periods to come to trial; once begun
trials often took a long time to complete.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary; however, the courts remained susceptible to
corruption and political influence. Observers believed that judicial
reform, particularly the replacement of judges appointed during the
Milosevic era, was essential to eliminate corruption. The country
passed five reform laws in 2008, the most controversial of which came
into effect during the year. The new laws effectively require every
judge to be reselected, allowing the High Court Council (HCC) to
reappoint the most effective judges. While most observers lauded the
goals of the law, the process was widely criticized for lack of
transparency.
Judges and prosecutors, particularly those handling organized crime
and war crimes, continued to receive death threats.
War crimes prosecutor Vladimir Vukcevic and his associates in the
Office of the War Crimes Prosecutor continued to receive death threats
from within the country and abroad; on April 10, his office reported
receiving 69 threats. Also in April, Justice Minister Snezana Malovic
and Special Prosecutor for Organized Crime Miljko Radisavljevic
received death threats believed to have come from associates of accused
organized crime figure Darko Saric. The threats were made after the
special organized crime prosecutor indicted Saric and his group on
suspicion of cocaine smuggling.
In August the press reported that Vladana Vukcevic-Jovanovic
received death threats from soccer hooligans following her decision to
sentence Partizan fan group leader Milos Radisavljevic to 16 months in
prison for endangering the safety of B92 reporter Brankica Stankovic.
There were no developments in the October 2009 report by Belgrade
district court Judge Velimir Lazovic that an unidentified Belgrade
lawyer had threatened that he would not be reelected as a judge if he
``was not careful.'' Lazovic was the presiding judge in the trial of
Uros Misic, a soccer fan charged with attempted murder for an attack on
a police officer during a 2007 match. In October 2009 the Office of the
State Prosecutor announced that it would investigate the threat, which
it equated to an attempt to obstruct justice.
The courts were inefficient. Although the system of recordkeeping
made it difficult to assess accurately case backlogs or court
efficiency nationwide, cases could take years to be resolved.
Causes of delay and backlog in the courts included an insufficient
number of judges in the main courts, failure of postal workers to serve
subpoenas and other court documents, failure of police to execute
arrest warrants, failure of prisons to bring prisoners to court for
scheduled hearings, issuing indictments or scheduling hearings without
complete and thorough investigations, excessive continuances of court
hearings, a lack of professional court administration, and failure to
invest in professional personnel and modern infrastructure. In many
cases, unwieldy procedures required by the law contributed to delays.
Beginning in January, trials were further delayed by the
implementation of judicial reform, during which the judicial system was
restructured and judges were reselected. Courts spent January and
February moving files, staff, and judges to new locations and
introducing judges to new roles. In May inmates at a prison in Novi Sad
led a daylong protest against lengthy court proceedings resulting from
judicial reform.
On January 1, the HCC took supervisory authority over almost all
aspects of court operations based on the package of reform laws passed
in 2008. In 2009 the HCC's only responsibility was the selection of all
judges in the country's judiciary. Approximately one-third of sitting
judges were not reappointed. After the HCC announced its selections in
December 2009, a number of judges and the Judges' Association
criticized the HCC for a lack of transparency, in particular regarding
the selection criteria, and called for the HCC to provide a
justification to those judges not chosen. Hundreds of the judges who
were not appointed filed complaints with the Constitutional Court. On
July 16, in response to these complaints, the Constitutional Court
ordered the HCC to draft individualized responses to applicants who
were not selected. In one case the Constitutional Court ordered the HCC
to reconsider the application. In August the Judges' Association
announced that several former judges would file complaints with the
European Court of Human Rights (ECHR) because the Constitutional Court
was unable to protect the rights of judges who were not reselected. On
December 7, Justice Minister Snezana Malovic announced that every judge
would be interviewed and each decision reexamined.

Trial Procedures.--The constitution provides for the right to a
fair trial. Trials are usually public, but they can be closed if the
trial judge determines it is warranted for the protection of morale,
public order, national security, the interest of a minor, or privacy of
a participant. The testimony of a state-protected witness may also be
grounds for closing a trial to the public. There are no juries. The law
stipulates that defendants are presumed innocent, have the right to
have an attorney represent them at public expense, and have the right
to be present at their trials. Defendants have the right to access
government evidence and to question witnesses. Both the defense and the
prosecution have the right to appeal a verdict. The Government
generally respected these rights in practice.
The special war crimes chamber continued trying war crimes cases
(see section 1.a.). According to the law, evidence gathered by special
investigative techniques is admissible.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--During the year the ECHR
found nine violations by the state of the European Convention on Human
Rights. Most of the cases involved procedural delays and length of
court proceedings. The majority of cases settled out of court also
dealt with judicial delays. In 2009 the ECHR issued 16 judgments that
found at least one violation of the convention by the state. The
Government generally paid compensation ordered by ECHR decisions.

Civil Judicial Procedures and Remedies.--The constitution
establishes an independent and impartial judiciary in civil matters,
and citizens can bring lawsuits seeking damages for or cessation of a
human rights violation. Remedies usually involved monetary awards.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions; however, the
Government interfered with privacy and correspondence. While the law
requires the Ministry of Internal Affairs to obtain a court order
before monitoring potential criminal activity and police to obtain a
warrant before entering property except to save persons or possessions,
police occasionally failed to respect these laws.
On June 29, parliament adopted the Law on Electronic Communication.
Under the new law, telecommunications operators are obliged to retain
for one year data about the source and destination of a communication;
beginning, duration, and end of a communication; type of communication;
and terminal equipment identification and location of the customer's
mobile terminal equipment. This retained data can be accessed by
intelligence agencies without court permission. A court order is still
required to access the contents of these communications. Both the
ombudsman and the commissioner for information of public importance and
personal data protection opposed the new law.
Most observers believed authorities selectively monitored
communications, eavesdropped on conversations, read mail and e-mail,
and tapped telephones. Human rights leaders also believed that their
communications were monitored.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and The Press.--The constitution provides for
freedom of speech and of the press; however, the constitution
specifically allows restrictions on speech ``to protect rights and
reputation of others, to uphold the authority and objectivity of the
court, and to protect public health, morals of a democratic society,
and national security of the Republic of Serbia.'' There were reports
of government interference with freedom of speech and press, mostly at
the municipal level. In most cases, individuals could criticize the
Government publicly or privately without reprisal.
Parliament approves the budget of the independent Republic
Broadcast Agency (RBA), which has broad authority to revoke radio and
television station licenses without the right of appeal. However, the
RBA did not revoke any national broadcasting licenses during the year.
Most print and broadcast media were independent and privately
owned, although the state maintained extensive media resources, and the
privatization of municipally owned media was not yet completed. Some
newspapers did not make their ownership public, leading observers to
question their independence. Radio-Television Serbia (RTS), a public
media outlet funded by mandatory subscription, was a major presence,
operating two television channels as well as Radio Belgrade. The RTS's
coverage was usually objective, although the Government had
considerable influence over the RTS and the public service Radio
Television of Vojvodina. In addition many television stations relied on
the state-owned agency Tanjug for news. The independent news agencies
BETA and FONET complained that state financing gave Tanjug an unfair
commercial advantage.
Binding RBA instructions required the RTS to broadcast
parliamentary sessions live, despite the RTS's complaints that it
suffered financial and advertising losses as a result. The RTS managing
board stated that the order directly interfered with its editorial
policy. Parliament occasionally cancelled or postponed its sessions
when the RTS was not able to broadcast them due to conflicting
contractual commitments. In 2008 the mission of the Organization for
Security and Cooperation in Europe (OSCE) to Serbia expressed concern
that the RBA's decision was not in accordance with European standards
of media freedom.
Independent media organizations were generally active and expressed
a wide range of views; however, some media organizations experienced
threats or reprisals for publishing views critical of the Government.
During the year some reporters and media organizations were victims
of vandalism, intimidation, and physical attacks for coverage and
portrayal of views unpopular with the Government and right-wing
elements of society, such as the capture and extradition of war crimes
fugitives.
There were no developments in the case of Dejan M. from Pancevo,
who was arrested and released in February 2009 for sending threatening
e-mails to independent radio B92's Kaziprst show host Danica Vucenic,
her family, and other employees of B92 and their families.
The trial in Belgrade of Milan Savatric, Nikola Lazic, and Stefan
Milicevic in connection with the July 2008 attack on B92 cameraman
Bosko Brankovic continued at year's end.
On August 5, Milos Radisavljevic, leader of one of the Partizan
soccer team's fan clubs, was sentenced to 16 months in prison for
threatening B92 journalist Branka (Brankica) Stankovic at a soccer game
in December 2009. Stankovic, the host of B-92's investigative
journalism program Insider, received anonymous threats in response to
an expose examining the ties between violent hooligans and sports fans'
clubs. The trial court in Belgrade dismissed charges against other
soccer hooligans on April 22, but on August 4, the court of appeal
overturned the decision and returned the case to the trial court for
further proceedings.
Police investigations and judicial processes involving assaults on
journalists were often long and inefficient. One local assessment of
the country's laws determined that, although the legal framework was
mostly harmonized with international standards, local courts in
practice often diverged from the ECHR in application of article 10 of
the European Convention on Human Rights, which provides for freedom of
expression.
On July 24, Teofil Pancic, a journalist for the independent weekly
Vreme and Radio Free Europe and an outspoken critic of extremist
nationalism and sports hooliganism, was beaten with a metal bar on a
crowded bus. Danilo Zuza and Milos Mladenovic, who are believed to be
associated with extremist nationalist groups, were arrested and
sentenced to three months incarceration. Prosecutors announced that
they would appeal the sentence, as the legally proscribed penalty for
the crime is six months to five years.
Human rights activists charged that they were subjects of smear
campaigns in the majority of media for expressing criticism of the
Government or challenging the popular narrative about the country's
role in the wars of the 1990s.

Internet Freedom.--There were no government restrictions on access
to the Internet, e-mail, or Internet chat rooms; however, as in
previous years, there were some isolated reports that the Government
monitored e-mail. Individuals and groups could engage in the peaceful
expression of views via the Internet, including by e-mail. According to
an Ispsos Strategic Marketing report in May, 51 percent of households
had access to the Internet.
On June 29, parliament adopted the Law on Electronic Communication,
which obliges telecommunications operators to retain for one year data
on the source and destination of communication for use by government
agencies (see section 1.f.).

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedoms of assembly and association, and the Government
usually respected these rights in practice.
In contrast to 2009, organizers from the LGBT community were
permitted to hold a pride parade, which had extensive security
protection from the Government.

c. Freedom of Religion.--For a complete description of religious
freedom, see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.

Internally Displaced Persons (IDPs).--According to official
statistics of the Serbian Commissariat for Refugees (SCR), 210,146
displaced persons from Kosovo resided in the country, mainly Serbs,
Montenegrins, Roma, Ashkali (an Albanian-speaking ethnic group
considered by outsiders as similar to Roma but self-identifying as a
separate group with cultural distinctions from Roma), Gorani, and
Bosniaks who left Kosovo as a result of the 1998-99 conflict. As of the
end of August, according to the SCR, approximately 3,164 displaced
persons from Kosovo remained in 41 official collective centers in
Serbia. Those not in collective centers were generally settled in
private accommodations. Many IDPs did not have access to government
services due to a lack of identification documents, which could be
difficult to acquire if adequate paperwork was not available when a
child was born. The country's laws and policies generally protect IDPs
in accordance with the UN Guiding Principles on Internal Displacement.
Although the Government continued to close collective centers, many
displaced persons remained in minimally habitable facilities originally
constructed for temporary accommodation rather than for long-term
occupancy.
Without an official identification card from the Government,
displaced individuals were not able to access services, but the
Government did allow displaced persons access to assistance from NGOs
and international organizations.
The law requires all residents of the country to record changes of
residency and to appear in person at the place of their prior
registration to remove themselves from the registry. In order to meet
this requirement, many IDPs were required to travel to former Kosovo
civil registries that are currently scattered throughout Serbia to
deregister. According to the UNHCR, some IDPs of Roma, Ashkali,
Egyptian, and Gorani ethnicity were arbitrarily prevented from
deregistering their Kosovo address and reregistering a new address in
the country, despite meeting legal requirements. Without an authorized
local address in the country, individuals were ineligible for health
insurance, social welfare, and public schooling. NGOs provided legal
assistance to displaced persons from Kosovo to register residency
successfully.
The Government continued to pay minimum wage salaries, including
social and pension contributions, to displaced persons who were in the
Kosovo government and state-owned enterprises before mid-1999 and who
were not employed during the year. Displaced persons who found a job
permanently lost eligibility for government assistance. The
Government's investigation into the eligibility of displaced persons
who were recipients of such payments continued at year's end. There
were approximately 22,000 officially registered displaced Roma in the
country. However, the UNHCR estimated that 40,000 to 45,000 displaced
Roma, many of whom presumably lacked personal documents necessary to
register their status, were living in the country. While some displaced
Roma lived in government-supported collective centers, living
conditions for Roma (both local and displaced) were generally extremely
poor. Local municipalities often were reluctant to accommodate them. If
Roma did stay, they often lived in unauthorized, isolated, informal
settlements without electricity, water, sanitation, or other public
services near major cities or towns.
While government officials continued to make public statements that
displaced persons from Kosovo should return to Kosovo, senior
government officials also claimed that it was unsafe for many to do so.
Many Roma believe they may be at risk if they return, claiming that
Kosovo Albanians and the Government assumed that many Roma displaced
from Kosovo were Serb collaborators during the Kosovo conflict.
Approximately 600 individuals who had been living in displacement
centers in the country returned to Kosovo during the year.

Protection of Refugees.--The law provides for the granting of
asylum or refugee status, and the Government established a system for
providing protection to refugees. The country was a transit country for
a mixed flow of migration toward Western Europe. The majority of
registered asylum-seekers disappeared before an initial decision was
made on their applications and sometimes before interviews were
conducted.
The Government in law and practice provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion.
Asylum-seekers had freedom of movement in the country after
establishing their identity and filing an application for asylum. They
were eligible for public assistance, including accommodation and food,
but they did not have the right to employment until recognized as
refugees through the country's refugee status determination process.
The SCR controlled the country's sole asylum center, which had
capacity for approximately 80 persons. At the end of August, there were
34 asylum-seekers in the asylum center.
The SCR is also responsible for status determination and care of
refugees from the former Federal Republic of Yugoslavia. During the
year the SCR provided 680 construction kits and 495 income-generation
grants to secure durable solutions for refugees and IDPs that were
valued at 2.24 million euros ($3 million) and intended to provide 3,676
refugee and IDP families in 139 municipalities with durable solutions
for housing. According to official SCR statistics, 86,155 refugees from
Croatia and Bosnia and Herzegovina resided in the country, while the
Government estimated that approximately 200,000 to 400,000 former
refugees were naturalized but not socially and economically integrated
into the country. Approximately 900 refugees lived in collective
centers throughout the country.
The Government also provided temporary protection (refugee status
on a prima facie basis) to individuals from former Yugoslav republics
who may not qualify as refugees. The refugee status of individuals from
the Socialist Federal Republic of Yugoslavia continued to be regulated
under the 1992 Decree on Refugees.

Stateless Persons.--The country's law states that citizenship is
derived from one's parents. According to the local UNHCR office, 146
stateless persons were granted permanent residence in the country
during the year. The UNHCR also reported 16,700 actual stateless
persons due to existing legislative gaps in the process of civil
registration and lack of documentation. Lack of information,
administrative fees, cumbersome and lengthy procedures, difficulty of
obtaining documents, the lack of an official recognized residence, and
sometimes the need to go to court to prove origin and identity
prevented effective enjoyment of citizenship rights for these persons.
These problems disproportionately affected the Romani, Ashkali, and
Egyptian communities, particularly displaced persons from Kosovo,
although they also affected others who were destitute and living in
isolated areas.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens exercised this right in
practice through periodic, free, and fair elections based on universal
suffrage.

Elections and Political Participation.--The country held two rounds
of presidential elections in January and February 2008 and
parliamentary elections in May 2008, resulting in the creation of a
pro-EU government. The OSCE and other election observers, including
domestic organizations, judged these elections to have been mostly free
and fair.
Political parties mostly operated without restrictions or outside
interference. However, in its final report on the 2008 parliamentary
elections, the OSCE Limited Election Observation Mission noted that
some aspects of the campaign went beyond the acceptable limits for a
democratic society, in particular when death threats to senior
officials were reported. The mission reported the display of a large
number of posters in Belgrade that could be interpreted as advocating
the assassination of top state officials.
There were 56 women in the 250-seat parliament. The speaker and
three of six parliamentary vice presidents were women. There were five
women in the 27-member cabinet. The law on elections of members of
parliament requires parties' election lists to include at least 30
percent women, and political parties participating in the 2008
elections observed this provision.
The law exempts ethnically based parties from the 5 percent
threshold required for a political party to enter parliament. Seven
members of national minorities, including ethnic Hungarians, Bosniaks,
and Albanians, were elected to parliament. Two members of ethnic
minorities, both Bosniaks, were in the 27-member cabinet.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and
officials sometimes engaged in corrupt practices with impunity. There
was a widespread public perception of government corruption at all
levels. According to World Bank governance indices and surveys by the
UN Development Program, corruption was a problem in 2009.
The private sector considered corruption in the commercial courts
to be widespread. Land transfers often were difficult to conclude,
leading many in the private sector to allege administrative corruption.
It was unclear, however, to what extent these problems were due to
corruption rather than bureaucratic inefficiency.
On January 10, the Anticorruption Agency began operating. The
agency is an independent state body that reports to the parliament and
is responsible for implementing the national anticorruption strategy
and overseeing issues related to conflict of interest and financial
disclosure. The agency replaced the Republic Board for Resolving
Conflicts of Interest and has no independent enforcement capacity. On
June 11, the agency published asset declarations of 700 government
officials; however, due to the low figures that many leading
politicians reported, there was widespread public doubt about the
accuracy of the declarations.
One provision of the Anticorruption Agency's mandate requires
officials who hold multiple government positions to decide which one of
these they would perform. After a prolonged debate, on July 28, the
parliament passed amendments to the Anticorruption Law that allow
officials to hold multiple, directly elected state functions for a two-
year transition period. The Anticorruption Agency and the Council of
Europe's Group of States against Corruption opposed the amendments.
On June 1, prosecutors indicted former minister of defense Prvoslav
Davinic for abuse of office in connection with his allegedly signing a
contract worth 4.6 billion dinars ($55.9 million) in 2005, thereby
exceeding his authority. On September 16, prosecutors indicted Davinic
again for abuse of office for having given a ship worth 4.1 million
dinars ($50,000) to the Regional Center for Underwater Demining in
Montenegro. Davinic resigned as minister of defense in 2005 due to his
implication in a scandal involving purchases of body armor.
On June 29, police arrested four doctors, including Nenad
Borojevic, the director of the Oncology and Radiology Institute in
Belgrade, and three representatives of foreign pharmaceutical companies
in connection with a bribery scandal. The four doctors were accused of
having received one million euros ($1.3 million) in bribes from the
country's representatives of Roche, PharmaSwiss, and AstraZeneca in
exchange for ordering the purchase of cytostatic cancer drugs from the
companies. Press also reported that doctors overprescribed the drugs to
increase the amount of drugs purchased. In November police arrested
seven additional suspects as part of the same investigation. The new
suspects included doctors in Sremska Kamenica, Kragujevac, Nis, and
Belgrade, as well as two additional representatives of Merck
Pharmaceuticals. The proceedings against all suspects were still in the
investigative phase at the end of the year.
There were reports of authorities' failing to act in response to
detailed reports of suspected corruption. There were isolated reports
of high-profile politically motivated investigations. During the year
authorities made some arrests for corruption and continued the
prosecution of high-profile cases from previous years.
There were no reports of developments in the following corruption
cases: the cases of the 19 persons attached to the army and arrested in
February and March 2009 for giving and receiving bribes and committing
fraud related to obtaining state-owned apartments and medical and
social security benefits; the cases of the eight persons arrested in
February 2009 in Belgrade, Valjevo, and Vrhpolje for corruption related
to misappropriation of National Investment Plan funds; the case of the
35 persons, including 18 police officers, arrested in March 2009 in
Novi Pazar, Raska, and Kraljevo for giving and receiving bribes,
smuggling oil, meat, alcoholic and nonalcoholic beverages, and other
goods across the border between the country and Kosovo, and illegal
possession of weapons and narcotics; the June 2009 case of Vesna
Stevanovic, a Nis Municipal Department registrar, accused of accepting
bribes in exchange for issuing expedited or false citizenship, birth,
death, and marriage certificates; and the case of 13 police officers
and six customs officers who were arrested in December 2009 on bribery
and abuse of power charges.
The trial of former Zrenjanin mayor Goran Knezevic and 21 other
defendants that began in October 2009 on charges of criminal
association, abuse of office, and accepting and offering bribes
continued throughout the year.
In June 2009 the Republic Board for Resolving Conflicts of Interest
recommended that the deputy mayor of Belgrade, Milan Krkobabic, resign
for failing to submit mandatory financial disclosure; at the end of the
year, Krkobabic remained in his position.
The Government has not fully implemented the access to information
law and generally did not provide access in practice. The law provides
for public access to information of ``legitimate public importance''
(with many exceptions) and establishes an independent commissioner for
information of public importance selected by parliament to handle
appeals when government agencies reject requests for information.
At the end of the year, the Commissioner for Information of Public
Importance and Personal Data Protection began to receive public
information reports from the 3,000 government offices and institutions
that are required to file them annually. Of the 698 offices that
submitted reports by the end of the year, 51 percent produced and
posted Information Booklets on their Web sites, 56 percent organized
training for employees on implementation of the Law on Free Access to
Information of Public Importance, and 73 percent provided and
maintained Web sites.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of independent domestic and international human rights
groups generally operated without government restriction, investigating
and publishing their findings on human rights cases. Government
officials were generally cooperative and responsive to their views.
However, these groups were sometimes subjects of criticism, harassment,
and threats by nongovernmental actors for expressing views critical of
the Government or contrary to nationalist views regarding Kosovo, the
ICTY, and the wars of the 1990s. Prominent independent human rights
groups included the HCS, the HLC, the Lawyers' Committee for Human
Rights, the Fund for an Open Society, the Youth Initiative for Human
Rights, and the Belgrade Center for Human Rights.
There were no further developments, and none were expected, in the
2008 incident in which two persons accosted and threatened HCS head
Sonja Biserko.
The Government cooperated with international governmental
organizations and during the year hosted visits by OSCE High
Commissioner on National Minorities Knut Vollebaek, a delegation of the
OSCE ambassadors, ICTY Chief Prosecutor Serge Brammertz, and others.
The Office of the National Ombudsman continued to operate without
government or party interference. Ombudsman Sasa Jankovic reported that
his office had more cases of human rights violations than it could
follow, and governmental institutions followed his recommendations in
approximately 70 percent of cases. The ombudsman issues an annual
report on his activities and special reports on issues of concern.
Vojvodina Province had its own ombudsman who operated independently
during the year. According to the Ministry of Human and Minority
Rights, 14 of the country's 169 municipalities had ombudsmen. The
national ombudsman opened branch offices in two municipalities with
majority Albanian populations.
On July 28, parliament passed rules of procedure that established
the Committee on Interethnic Relations and the Committee on Gender
Equality. The Working Group for Children's Rights was transformed into
a special working body, the Standing Committee for Children's Rights.
Most observers believe the policy significance and value of the
committees are limited.
The Government continued to make progress on its cooperation with
the ICTY. In December ICTY Chief Prosecutor Serge Brammertz stated in
his semiannual report to the UN Security Council that the country has
continued to respond adequately to the tribunal's requests for
assistance and provided access to documents, archives, and witnesses.
However, two ICTY suspects, Ratko Mladic and Goran Hadzic, remained at
large, and the ICTY continued to insist on their arrest. Brammertz
reported that decisive and intensified action by the operational
services and political authorities was critical for obtaining the
arrest of the two fugitives.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, gender,
disability, language, or social status, and the Government made efforts
to enforce these prohibitions effectively. However, discrimination
against women and ethnic and sexual minorities, trafficking in persons,
and violence against women and children were problems. On May 5,
parliament elected the first commissioner for equality, Nevena
Petrusic.

Women.--Rape, including spousal rape, is punishable by up to 40
years in prison. Advocates believed that only a small percentage of
rape victims reported their attacks due to fear of reprisals from their
attackers or humiliation in court. Few spousal rape victims filed
complaints with authorities. Women's groups believed that sentences
were often too lenient in practice. Out of 78 cases of rape tried
during the year, 63 resulted in convictions.
Violence against women was a problem. While high levels of domestic
violence were generally understood to persist, there were no reliable
statistics on the extent of the problem. Research by NGOs concluded
that domestic violence was widespread; every second woman suffered from
some form of psychological violence, and every third from physical
abuse by a family member. In 92 percent of these cases, the perpetrator
was the victim's husband or partner. The Autonomous Women's Center
reported that on average 1,000 women per year turned to it for help.
According to Women against Violence Network, 24 women (two of them
minors) were killed in the first seven months of the year and, in
almost 80 percent of the cases, the suspects were the victim's husband,
partner, father, or son.
Domestic violence is punishable by up to 10 years' imprisonment.
The law provides women the right to obtain a restraining order against
abusers. Such cases were difficult to prosecute due to the lack of
witnesses and evidence, and the unwillingness of witnesses or victims
to testify. The few official agencies dedicated to coping with family
violence had inadequate resources. The NGO community played the primary
role in combating violence against women. NGOs operated shelters for
female victims of violence, and the Government continued to provide
financial support to safe houses for victims of family violence
throughout the country. The national broadcasting service RTS ran a
media campaign to prevent domestic violence. Osvit, a Nis-based NGO,
operated a Romani-language telephone hotline for female victims of
domestic violence or abuse.
Sexual harassment was a common problem. The law makes sexual
harassment a crime punishable by up to six months imprisonment for a
simple case and up to one year's imprisonment for abuse of a
subordinate or dependent. Public awareness remained low, and few
complaints were filed during the year.
The Government recognized the basic right of couples and
individuals to decide freely and responsibly the number, spacing, and
timing of their children and to have the information and means to do so
free from discrimination, coercion, and violence. Health clinics and
local health NGOs were permitted to operate freely in disseminating
information on family planning under the guidance of the Ministry of
Health. There was a National Center for Family Planning, and local
health centers frequently also had family planning centers. There are
no restrictions on the right to access contraceptives. On April 6,
Katarina Sedlecki, the head of the National Center for Family Planning,
told the media that youths lacked adequate information on the
importance of the use of contraceptives. The Government provided free
childbirth services. Women used nurses and midwives for prenatal and
postnatal care unless the mother or child suffered more serious health
complications. According to 2008 UN estimates, the rate of maternal
deaths in maternity wards in the country was eight per 100,000 live
births. Men and women received equal access to diagnosis and treatment
for sexually transmitted infections, including HIV.
Women have the same legal rights as men, including under family
law, property law, and in the judicial system. These rights were to a
great degree enforced in practice. During the year the Government's
Council for Gender Equality, the parliamentary Committee for Gender
Equality, the Ministry of Labor and Social Policy's Directorate for
Gender Equality, gender equality mechanisms and institutions in
Vojvodina, local committees for gender equality, and the deputy
ombudsman worked with NGOs to raise public awareness of gender equality
problems. On August 26, the Government adopted an Action Plan for
Implementation of the National Strategy for Improvement of Status of
Women and Gender Equality 2010-15. The law on gender equality provides
equal opportunities and treatment for men and women in employment and
requires state bodies to provide that the less-represented gender
occupy at least 30 percent of the positions in each organizational
unit, including management. Research by the employment Web site found
that women earned 8.5 percent less than men, but also noted sectors
such as marketing, business administration, and accounting in which
women earned more than men.
Traditional views of gender roles, particularly in rural areas,
resulted in discrimination against women. In remote rural areas,
particularly among some minority communities, women could not
effectively exercise their right to control property.
The social status of women was generally considered inferior to
that of men, and women were not well represented in the business world.
Women over 50 years of age who lost their jobs due to the economic
crisis had more difficulty finding work than men of a similar age, and
more women than men became unemployed as a consequence of economic
crisis. According to a survey by the Bureau of Statistics, the
unemployment rate for women was 20.4 percent, as compared to 18.3
percent for men. Thirty percent of managers and 20 percent of chief
executive officers were women. Only 12 women sat on the administrative
boards of companies. Maternity leave is provided by law; however, there
were reports that private companies did not always meet legal
obligations. NGOs reported that some childless women felt discriminated
against during the hiring process because employers feared they would
take maternity leave in the future.

Children.--Citizenship is derived from one's parents. The law on
birth records regulates universal birth registration, but according to
the UN Children's Fund (UNICEF), 5 percent of Romani children were not
registered at birth. Subsequent birth registration remains unregulated.
Children who are not registered do not have access to public services
such as health care.
Education was free through secondary school but compulsory only
through primary school. There was no difference in the treatment of
girls and boys at the primary, secondary, and postsecondary levels;
however, cultural norms and economic hardship discouraged some children
from attending school.
While the law provides that government clinics offer free medical
care, including free medicines from a limited list of covered drugs,
there were reports that corruption resulted in restricted access to
medication for some. Romani children often faced difficulties in
accessing health care.
Child abuse was a problem. Children were often victims of family
violence, and peer violence among children was on the rise. Girls were
victims of sexual violence. According to available data, child abuse,
including sexual violence, was also on the rise. Children in the
country were exposed to verbal or physical abuse on a daily basis, and
many children were exposed to alcohol, drugs, and violence.
While teachers were instructed to report suspected child abuse
cases, they often did not do so. Police usually responded to
complaints, and authorities prosecuted child abuse cases during the
year. In several court cases, defendants were found guilty of child
abuse and sentenced to imprisonment. Psychological and legal assistance
was available for victims. Children also were accommodated in safe
houses for victims of family violence.
Child marriage was a problem in some communities, particularly
among Roma and in rural areas of southern and eastern Serbia. In the
Romani community, boys and girls generally married between the ages of
14 and 18, with 16 years old as the average age. Boys generally married
a few years later than girls, and some girls married as early as 12
years of age. Recent information indicated that the number of Romani
child marriages was declining while the number of child marriages in
the general population was growing. Child marriages occurred among
individuals from all economic and social backgrounds.
The minimum age for consensual sex is 14 years old. The criminal
code sets penalties for statutory rape ranging from three to 12 years
in prison. If the statutory rape is qualified as particularly severe,
punishment ranges from five to 15 years' imprisonment. If the rape
results in the victim's death, the perpetrator is sentenced to a
minimum of 10 years in prison.
The law prohibits child pornography. Using a child to produce
pornographic materials or for a pornographic show is punishable by six
months to five years in prison. Selling, showing, exhibiting, or
otherwise making child pornography available publicly or electronically
is punishable by up to two years' imprisonment.
Children in orphanages and institutions were sometimes victims of
physical and emotional abuse by caretakers and guardians and suffered
sexual abuse by peers.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--While the law bans hate speech, translations of
anti-Semitic literature were available from ultranationalist groups.
Approximately 100 different anti-Semitic books were sold in bookshops.
Right-wing youth groups and Internet forums continued to promote anti-
Semitism and use hate speech against the Jewish community.
Holocaust education continued to be a part of the school curriculum
at the direction of the Ministry of Education, and the role of the
collaborationist National Salvation government run by Milan Nedic
during the Holocaust was also debated as part of the secondary school
curriculum. There was a tendency among some commentators to minimize
and reinterpret the role of national collaborators' movements during
World War II and their contribution to the Holocaust in the country.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The constitution prohibits
discrimination against persons with disabilities in employment,
education, access to health care, and the provision of other state
services. The Government generally enforced the law. However, lack of
access to older public buildings and public transportation was a
problem. The law mandates access for persons with disabilities to new
public buildings, and the Government generally enforced this provision
in practice.
The law prohibits physical, emotional, and verbal abuse in all
schools, and there were no reports of abuse in special education
facilities.
The Center for Independent Living (CIL), a disability rights NGO,
reported that most persons with disabilities lived isolated from their
communities and that facilities for their education and care were
nonexistent or inadequate.
Unemployment remained a serious problem for persons with
disabilities; in April it was reported to be 87 percent. A lack of
workplace accommodations combined with overall high unemployment made
it difficult for persons with disabilities to obtain work. While there
were no reports of overt discrimination against persons with mental or
physical disabilities, the CIL reported that it was difficult to detect
discrimination because employers usually gave other reasons for not
hiring persons with disabilities.
On May 23, the Law on Employment of Persons with Disabilities went
into effect, requiring companies with more than 20 employees to hire
persons with disabilities.
The Ministries of Labor and Social Policy, Education, and Health
all had sections with responsibilities to protect persons with
disabilities. The Ministry of Labor and Social Policy had a broad
mandate to conduct liaison with NGOs, distribute social assistance, and
monitor laws to provide that the rights of disabilities were protected
in new legislation. The Ministries of Health and Education offered
assistance and protection in their respective spheres.

National/Racial/Ethnic Minorities.--A report on the country by the
European Commission against Racism and Intolerance in 2008 noted the
existence of a climate of hostility toward national and ethnic
minorities, who constituted 25 to 30 percent of the country's
population and included ethnic Hungarians, Bosniaks, Roma, Slovaks,
Romanians, Vlachs, Bulgarians, Croats, Albanians, and others. Sixty-
eight out of 169 municipalities in Serbia are multiethnic.
Roma, who constituted 1.4 percent of the population in the 2002
census but whose actual number was estimated at 5.4 percent according
to the Ministry of Human and Minority Rights, continued to be the most
vulnerable minority community. Roma were the targets of verbal and
physical harassment from ordinary citizens, police violence, and
societal discrimination.
On October 7, the city of Belgrade evicted 36 Roma from an informal
settlement on Vojvodjanska Street to clear land for construction.
According to NGO reports, the Government did not provide alternative
accommodation or legal assistance.
During the year there were reports of violence against members of
minority groups. In January in Temerin in Vojvodina, there were two
separate attacks on two Hungarians, who were beaten after they told
assailants they were Hungarians. Police identified assailants in the
first incident.
On June 11, following the killing of a Serbian teenager by a Romani
resident, violent protests against Roma broke out in the Jabuka village
in Vojvodina. For several days, Serbs from the village demonstrated in
front of Romani homes, throwing rocks and chanting anti-Romani slogans.
The gendarmerie only reacted to protect Roma after four days of
protest. Police arrested six individuals for incitement of racial and
national hatred and intolerance. Five were being tried at the end of
the year.
There were also numerous reports of vandalism and graffiti against
minorities. For example, on April 16, unknown assailants in Backi
Monostor in Vojvodina sprayed the Democratic Association of Croats in
Vojvodina with chauvinistic anti-Croatian graffiti.
There were no developments and none were expected in the March 2009
incidents in which unidentified individuals speaking Serbian attacked
Eliot Balog, a Hungarian, in Sombor and approximately 15 youths
attacked Congor Ka, also a Hungarian, in Temerin.
The investigation continued into an April 2009 series of attacks on
Roma in the town of Cacak.
There were no further developments, and none were expected, in the
2009 cases of League of Social Democrats of Vojvodina leader Nenad
Canak and his deputy, Bojan Kostres, who received threatening letters
from an unidentified source warning them to withdraw from politics
within a month or be killed. The party reported the threats to the
police and demanded a thorough investigation.
In September 2009 the state prosecutor, Slobodan Radovanovic,
submitted a request to the Constitutional Court to prohibit the right-
wing group Obraz and the nationalist movement ``1389'' from actions
that were intended to undermine the constitutional order violently,
violate human and minority rights, and incite racial, ethnic, or
religious hatred. The case was pending at year's end.
Many Roma continued to live illegally in squatter settlements
lacking basic services such as schools, medical care, water, and sewage
facilities. According to UNICEF, Romani children were one-third as
likely to live to their first birthday as other children. While the
educational system provided nine years of free, mandatory schooling,
including a year before elementary school, ethnic prejudice, cultural
norms, and economic hardship discouraged some Romani children from
attending school. In August the Ministry of Education hired Romani
teaching assistants for 26 schools across the country.
Ethnic Albanian leaders in the southern municipalities of Presevo,
Bujanovac, and Medvedja continued to complain that ethnic Albanians
were underrepresented in state institutions at the local level.
The Government took some steps to counter violence and
discrimination against minorities. It operated a hotline for minorities
and others concerned about human rights problems. Civic education
classes offered by the Government as an alternative to religion courses
in secondary schools included information on minority cultures and
multiethnic tolerance. The law allows official use of the native
language and alphabet of any national minority that constitutes 15
percent of the population in a given area, but representatives of the
Albanian and Czech communities complained that the software used to
produce identity documents would not accept characters not contained in
the Serbian alphabet.
On June 6, elections for National Minority Councils (NMC) were
held. Nineteen minority communities voted in direct elections. Three
minority communities chose their NMC representatives through indirect
elections. Following several unsuccessful attempts to form the Bosniak
minority council, on December 8, Minister for Human and Minority Rights
Svetozar Ciplic announced that new elections for that council would be
held in early 2011.The NMCs have broad competencies over education,
mass media, culture, and the use of minority languages.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--Violence and discrimination
against members of the LGBT community were serious problems. While
attacks happened frequently, few were reported publicly because victims
feared further harassment.
On August 12, police arrested Christian Zivanovic for stabbing and
robbing two German citizens, Dominic Miller and a minor. Zivanovic told
police he attacked them because they were ``acting like members of the
gay population.''
During the October 10 Pride Parade in Belgrade, approximately 6,000
rioters (mostly soccer hooligans and nationalist extremists) attempted
to attack and disrupt the parade, injuring 147 police and inflicting
approximately $1.4 million in property damage. When police prevented
them from reaching the parade, they attacked several buildings,
including foreign embassies and political party headquarters.
Societal perceptions of homosexual conduct and attitudes towards
the LGBT population continued to be negative. According to a survey
done in March by the Center for Free Elections and Democracy and the
Gay Straight Alliance (GSA), 56 percent of the population believed
homosexuality posed a threat to society, 67 percent believed it to be a
disease, 20 percent supported or justified violence against LGBT
persons, and 5 percent were ready to use violence to combat
homosexuality. Several neo-Nazi Web sites, nationalist Web forums, and
Facebook pages based in the country hosted anti-LGBT forums and groups.
Members of the LGBT community continued to be targets of attacks.
LGBT organizations reported that many violent attacks against the LGBT
community were not reported to police because the victims did not
believe their case would be addressed properly and wanted to avoid
further victimization from the police or publicity generated by their
complaint.
In March 2009 a group of approximately five masked individuals
broke windows and attempted to enter the Student Cultural Center in
Kragujevac during a press conference held by the GSA to present its
annual report on gay rights in the country. The GSA alleged that the
attackers had been emboldened by the Government's decision to withdraw
a draft law against discrimination from parliamentary procedure in
response to pressure from the Serbian Orthodox Church and right-wing
groups. On March 14, police arrested three individuals in connection
with the incident, but there was no additional information available at
year's end.
In May 2009 the district prosecutor in Belgrade declined to file
criminal charges in connection with the 2008 attack by a group of
approximately 20 youths wearing surgical masks and hoods on
participants in a gay rights festival in Belgrade. In July the NGO
Labris initiated a civil suit on behalf of one of the victims; the case
was pending at year's end.
Although the broadcasting law prohibits discrimination on the
grounds of sexual orientation, some media carried slurs against LGBT
persons. The tabloid press continued to publish articles with hate
speech against the LGBT population and interviews with homophobic
right-wing groups.

Other Societal Violence or Discrimination.--There are 2,440 persons
registered as infected with the HIV virus. NGOs reported acts of
discrimination against persons with HIV/AIDS, including job loss and
harassment by neighbors. NGOs and some health workers also reported
that some medical workers discriminated against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The constitution provides for the
right of workers to join or form unions of their choosing. This right
is subject to restrictions, including approval by the Ministry of Labor
and Social Policy and a statement from the employer that the union
leader is a full-time employee, which reportedly was tantamount to a
requirement of employer approval. The state-affiliated Confederation of
Autonomous Trade Unions of Serbia (CATUS), a federation of unions
formed during the country's socialist period and supported by the
Milosevic regime, outnumbered independent labor unions in the public
sector. However, independent trade unions were able to organize and
address management in state-owned companies on behalf of their members.
In the state-owned sector, 55 to 60 percent of workers were unionized,
while in the private sector, 13 to 15 percent were unionized. In newly
privatized companies, up to 35 percent of workers belonged to unions.
The constitution and law allow unions to conduct their activities
without interference, and the Government protected this right in
practice.
The constitution provides for the right to strike except by persons
delivering essential services, such as public utilities, radio and
television broadcasting, food production, healthcare, education, social
services, military and intelligence services, work in the chemical,
steel, and metals industries, and the postal service. Employees in
essential services constituted more than 50 percent of the workforce
and had to announce planned strikes at least 10 days in advance and to
ensure that a ``minimum level of work'' was provided. Workers
frequently exercised the right to strike, especially in the first part
of the year. According to some estimates, a total of 40,000 to 50,000
workers throughout the country were on strike at some point during the
year.

b. The Right to Organize and Bargain Collectively.--The
constitution guarantees the right to work, to unionize, and to strike,
and the labor law protects the right to bargain collectively. This law
was effectively enforced and collective bargaining was freely
practiced. The law requires collective bargaining agreements for any
company with more than 10 employees. However, in order to negotiate
with a private employer, a union must represent 15 percent of company
employees. In order to negotiate with the Government, a union must
represent 10 percent of all workforce employees. Collective bargaining
agreements covered approximately 40 percent of employed workers.
The law prohibits discrimination on the basis of trade union
membership but does not expressly prohibit discrimination for trade
union activities and establishes no specific sanctions for antiunion
harassment. During the year the independent trade union Nezavisnost
continued to allege discrimination against trade unions and violations
of workers' rights. There were no updates in the 2008 trade union
discrimination case that Nezavisnost initiated at the Trayal Tire
Factory in Krusevac, when the management of the company and CATUS
refused to recognize that Nezavisnost represented a portion of the
workforce and excluded it from collective bargaining negotiations.
Nezavisnost alleged that similar situations existed in all large state-
owned companies where CATUS had special ties with politically appointed
management teams, citing as an example the state power company EPS,
where Nezavisnost had not been able to establish a presence, despite
repeated efforts since 2004.
According to the NGOs Felicitas and Center for Democracy, the most
common worker's rights violations were work performed without an
employment contract; nonpayment of salary, overtime, and benefits;
employers' withholding maternity leave allowances; discrimination based
on sex and age; discrimination against persons with disabilities;
unsafe working conditions; and general harassment. Workers fired for
union activity have a legal right to reinstatement. According to
Nezavisnost, with the help of the Ministry of Labor and Social Policy's
Labor Inspectorate, the trade union continued to gain reinstatement of
several of its members who had been previously fired for union
activities.
There are no special laws or exemptions from regular labor laws in
the country's three export-processing zones.

c. Prohibition of Forced or Compulsory Labor.--The constitution
prohibits forced and compulsory labor, including by children; however,
children, primarily from the Romani community, were forced to beg and
commit petty theft. Also see the Department of State's Trafficking in
Persons Report at.www.state.gov/g/tip.
Children were forced, often by their families, to beg and commit
petty crime. Many of these children lived in substandard housing
conditions without access to education. The law penalizes with prison
terms of three months to five years parents or guardians who force a
minor to engage in begging, excessive labor, or labor incompatible with
his or her age. The Family Care and Social Welfare Department within
the Ministry of Labor and Social Policy also addressed the social
problems in the Romani community that led to forced labor.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
Government effectively enforced laws protecting children from
exploitation in the workforce in industries but did not have authority
to check informal workplaces or individual households. In urban areas,
children, primarily Roma, worked in the informal sector as street
vendors and car washers. In villages and farming communities, underage
children commonly worked in family businesses. In Romani communities,
families sometimes forced their children into manual labor or begging.
For information on trafficking in persons, including persons
trafficked for forced labor and slavery, also see the Department of
State's annual Trafficking in Persons Report at www.state.gov/g/tip.
The minimum age for employment is 15 years old, and youths under 18
years old require written parental or guardian permission for
employment. The labor law stipulates very specific working conditions
for youths and limits their workweek to 35 hours. Penalties include
fines of up to 780,000 dinars (approximately $9,534).
According to the Ministry of Labor and Social Policy's Labor
Inspectorate, which is responsible for enforcing the child labor laws,
during the year inspectors did not register any violations involving
employment of youths under the age of 18 without parental permission.

e. Acceptable Conditions of Work.--The minimum wage for the period
between January and June was set at 15,840 dinars (approximately $194)
per month. The minimum wage did not provide a decent standard of living
for a worker and family. In companies with a trade union presence, the
union generally monitored effective enforcement of the minimum wage.
This was not the case in smaller private companies where employers were
either unwilling or unable to pay minimum wages and mandatory social
benefits. These companies often employed unregistered workers, that is,
workers ``off the books,'' for whom the employer did not pay social and
pension contributions and to whom the employer paid a cash salary
directly without recording the transaction. Most unregistered workers
did not report labor violations because they feared losing their jobs.
The Labor Inspectorate is responsible for enforcing the minimum wage.
The average monthly net salary in November was approximately
34,591dinars (approximately $422).
Unlike in previous years, wage arrears were no longer reported to
be substantial and widespread.
The standard workweek of 40 hours prescribed by the labor law was
generally observed in state-owned enterprises but not in private
companies. The law provides that an employee may not work overtime for
more than four hours a day or for more than 240 hours in a calendar
year. For an eight-hour workday, one 30-minute break is required. At
least 12 hours of break are required between shifts during a workweek,
and at least 24 hours of break are required over a weekend.
Collective agreements were the primary means of providing premium
pay for overtime. However, the labor law requires that the premium for
overtime work be at least 26 percent of the salary base, as defined by
the relevant collective bargaining agreement. Trade unions within a
company are the primary agents for enforcing overtime pay; however, the
labor inspectorate also has enforcement responsibilities. The
inspectorate did not always enforce labor regulations.
The law requires companies to establish a safety and security unit
to monitor observance of safety and security regulations; however, in
practice these units often focused on rudimentary aspects of safety,
such as purchasing soaps and detergents, rather than on providing
safety equipment for workers. Workers did not have the right to remove
themselves from situations that endangered their health or safety
without jeopardy to their employment. The Labor Inspectorate was
responsible for worker safety and health, and it increased inspections
and preventative measures during the year.

__________

SLOVAKIA

The Slovak Republic, with a population of approximately 5.4
million, is a multiparty parliamentary democracy led by a prime
minister and a 150-member Narodna Rada (National Council). Voters
elected the head of government, Prime Minister Iveta Radicova of the
Slovak Democratic and Christian Union, to a four-year term in 2010.
President Ivan Gasparovic, the head of state, was reelected for a five-
year term in 2009. Both elections were considered free and fair. Six
political parties, four of which form the governing coalition,
participate in the National Council. Security forces reported to
civilian authorities.
Notable human rights problems included some continuing reports of
police mistreatment of Romani suspects and lengthy pretrial detention;
concerns about the integrity of the judiciary, corruption in national
government, local government, and government health services; violence
against women and children; trafficking in women and children; and
societal discrimination and violence against Roma.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and the law prohibit torture and other
cruel, inhuman, and degrading treatment or punishment, and the
Government generally respected these provisions in practice.
Nongovernmental organizations (NGOs) and members of the Romani
community cited a continuing trend of mistreatment of Romani suspects
by police officers during arrests and while in custody. The Council of
Europe's Committee for the Prevention of Torture (CPT) conducted a
monitoring visit in 2009. The CPT noted that the situation in the
country had improved from that observed on previous visits, despite
recurring complaints from detainees about excessive force. The CPT also
urged the Government to investigate all allegations of involuntary
sterilization of Romani women promptly and thoroughly, and educate
doctors about their criminal liability for performing sterilization
without consent.
According to reports by NGOs, in July police officers in Senec beat
and injured a Roma man who refused to sign what he claimed was a false
confession to robbery charges.
The district court in Kosice accepted prosecution charges against
10 police officers accused of abusing six Romani boys (ranging in age
from 11 to 16) in Kosice following the alleged theft of a purse.
Videotapes of the incident, leaked to the media in April 2009, showed
the officers forcing the boys to strip naked, kiss, and hit each other.
The trial started in November, and was pending at year's end. The
representative of the boys, Poradna lawyer Vanda Durbakova, has asked
the court for non-pecuniary damages of 30,000 euros ($40,200) for each
victim's family. She says the boys were exposed to humiliation and
cruel and inhumane treatment. Seven of the 10 policemen have been
suspended from duty.
Police continued to provide special training on Romani culture and
language to officers working in districts with Romani communities in
the Kosice and Presov regions. The Bratislava branch of postsecondary
schooling for police also offered an elective course in Romani language
and culture.

Prison and Detention Center Conditions.--Prison and detention
center conditions met most international standards; however,
overcrowding continued to be a problem. There were on average 8,844
persons in prison in 2009. There are five minimum security prisons in
the country that, according to the Ministry of Justice, operated at
between 101 and 124 percent capacity in 2009.
Prisoners were able to express complaints without censorship, and a
public defender of rights, or ombudsman, is available for their legal
aid. The ombudsman is elected by parliament and does not report
receiving political interference in his work.
On February 11, the CPT released a report on its March-April 2009
visit to the country. The findings of the 2009 visit indicated that
``in general, there has been an improvement in the treatment of persons
deprived of their liberty by law enforcement officials, as compared to
previous visits to Slovakia by the CPT.'' Specifically, there were
fewer allegations of ill-treatment; nevertheless, there were several
allegations of physical ill-treatment of detained persons by police
officers, related to ``the excessive use of force during apprehension,
and the infliction of slaps and kicks immediately after the person had
been brought under control.''
The Government permitted visits by independent human rights
observers. Observers expressed concern that no independent group or NGO
regularly monitored prison conditions.

d. Arbitrary Arrest or Detention.--The constitution and the law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.

Role of the Police and Security Apparatus.--The national police has
sole responsibility for internal and border security and reports to the
Ministry of Interior. The head of the police force reports directly to
the interior minister, who has the authority to recall any member of
the police. Human rights observers believed police were occasionally
reluctant to accept the testimony of certain witnesses, particularly
Roma, women, and homeless persons, and often failed to investigate
cases involving Roma and other minorities promptly and thoroughly.
In June 2009 authorities arrested six police officers following an
investigation that indicated they had been working as security guards
in a brothel in Senec. The officers involved were removed from the
police force.
The most common charge authorities brought against police officers
was abuse of power; other charges included battery, assault and
battery, and illegal intrusion into private homes. In 2009 authorities
charged 171 police officers with crimes; in 61 of these cases, the
crime was abuse of power. Disciplinary action ranged from fines to
expulsion from the police force.
During a June 2009 visit of the Chinese president to Bratislava,
the police refrained from intervening when violent clashes between
Slovak protesters and supporters of the Chinese president erupted. NGOs
subsequently filed a complaint against the Ministry of Interior for
failing to protect the rights of the protesters. Then Prime Minister
Fico publicly supported the police, and the ministry dismissed the
complaint.
Human rights training remained on the curriculum at police training
facilities.

Arrest Procedures and Treatment While in Detention.--The
constitution and the law stipulate that a person can only be taken into
custody for explicit reasons and must be informed immediately of the
reasons for detainment. A written court warrant is required for arrest.
The court must grant a hearing to a person accused of a crime within 48
hours (or a maximum of 72 hours for ``serious cases,'' defined as
violent crimes, treason, or other crimes with a sentence of at least
eight years) and either release or remand the individual. There was a
bail system in place that functioned effectively. Detainees have the
right to consult with an attorney immediately and must be notified of
this right. The Government provides free counsel to indigent detainees.
Attorney visits were allowed as frequently as necessary. The law allows
monthly family visits upon request.
If remanded by a court, the accused is entitled to an additional
hearing within 48 hours, at which time the judge must either release
the accused or issue a written order placing the accused in custody.
The authorities respected these provisions in practice.
Criminal court procedures mandate that the total time of detention
(pretrial plus trial) cannot exceed 12 months in the case of minor
offenses, 24 months for regular crimes, 36 months for severe crimes,
and five years for crimes in which the expected sentence is 25 years or
a life sentence. In addition, pretrial detention cannot account for
more than half of the total detention time. In cases with extenuating
circumstances, the Supreme Court may extend pretrial detention to four
years. Delays in court procedures and investigations frequently led to
lengthy detentions during both the pretrial and trial periods.
According to 2009 statistics, pretrial detainees accounted for
approximately one-quarter of the total prison population; detainees
were held on the average for 123 days at the district court level and
299 days at the regional court level. From January to July 2010
authorities held 1,091 individuals in pretrial detention.
The law allows plea bargaining, which reduced the backlog of court
cases. During 2009 plea bargaining resolved 6,856 cases, compared with
5,741 cases in 2008. During the first half of the year, plea bargaining
was used to resolve 4,120 cases.

e. Denial of Fair Public Trial.--The law provides for an
independent judiciary; however, in practice problems with corruption,
official intimidation of judges, inefficiency, and a lack of integrity
and accountability continued to undermine judicial independence. In
some cases the judiciary was subject to high-level influence and
pressure by the judicial hierarchy. In some cases, judges felt they
faced attempts to influence decision making as well as intimidation via
disciplinary actions from the Judicial Council. Military courts were
abolished in 2009.
In May the Constitutional Court ruled seven to six that the Special
Court, designed to hear cases of official corruption and those related
to high-ranking government and political figures and organized crime,
was unconstitutional. In June the parliament passed a bill to create a
new specialized court to hear corruption cases. Under the new law,
judges' salaries were reduced, and judges were no longer required to
have security clearances. These changes addressed the Constitutional
Court's reasoning for declaring the Special Court unconstitutional.
Some judges stated that they felt pressure to rule against the Special
Court.
There were also reports of inconsistent decision making and
substitution of judges to influence court decisions.
In June 2009 former Justice Minister Stefan Harabin was elected
president of the Supreme Court. Several NGOs mounted a campaign against
his election, citing his personal contacts with a person suspected of
organized drug-related criminal activity. They also criticized his
misuse of disciplinary actions as tools to intimidate and harass
judges. More than 12,000 persons signed the petition. Several judges
also filed a Constitutional Court claim against his election, which
remained pending at year's end.
There were reports that higher levels of judicial hierarchy misused
their power and issued instructions to individual judges on how they
should decide specific cases.
In 2009 Bratislava district court judge Marta Laukova filed a
criminal complaint against her superior in which she claimed that her
superior ordered her to release a criminal from pretrial detention, a
clear constraint on her judicial independence. Laukova did not follow
the order and was subsequently transferred from the criminal law
department and subjected to other forms of intimidation, including
frequent workplace inspections. Laukova's health condition declined
sharply, and while she was in the hospital, the Judicial Council
decided, for the first time in the country's history, that her medical
insurance payments would be suspended. The Judicial Council stated that
her sickness was ``purposeful.'' In September Judge Laukova died in the
hospital. The Judicial Council posthumously awarded Laukova medical
compensation.
Disciplinary actions taken against judicial delays appeared to be
highly inconsistent. In some cases judges faced suspension for delaying
cases, while in other, similar cases there was no action taken.
Suspension was considered a severe action, as suspended judges are
prohibited from entering the court building, receive only one-third of
their salary, and their cases are assigned to other judges.
District court judge Juraj Babjak, former judge of Slovak
Constitutional Court and author of several critical articles about the
state of the judiciary, faced disciplinary action for alleged delays
during the year. Although he had communicated to the president of his
district court that it was impossible to deal with cases he was
assigned because of their number and complexity, the court's president
filed disciplinary action against him proposing demotion to a lower
court. The case was pending with the disciplinary court.
In April former Supreme Court Senate chairman and judiciary critic
Jozef Kandera resigned from his post, reportedly due to pressure he
faced from disciplinary proceedings against him. Kandera presided over
the case against the so-called ``acid gang'' that dissolved the corpses
of its victims in acid. Supreme Court president Stefan Harabin
initiated disciplinary proceedings against Kandera for court delays. In
his defense, Kandera noted that that the cases he dealt with were
complex, containing tens of thousands of pages. The law does not
specify the period of time that would constitute a court delay; critics
asserted that Harabin did not apply such a strict standard evenly to
all judges, but rather only against critics of the judiciary. A
disciplinary hearing on March 17 found Kandera guilty of
procrastination in court proceedings and decided to decrease his wage.
Other judges faced disciplinary and criminal actions after having
openly criticized Supreme Court president Harabin. Judge Katarina
Javorcikova, a spokesperson of the Society for Open Judiciary (ZOJ),
which publicizes cases of judicial intimidation, faced a criminal
investigation initiated by former Justice Minister Viera Petrikova.
However, the police investigation did not find sufficient evidence to
prosecute Javorcikova.
The Judicial Council initiated disciplinary proceedings against
district court judge Stanislav Sojka for a letter he wrote to President
Ivan Gasparovic voicing concern over the integrity of the judicial
system and of Supreme Court judge Peter Paluda. Sojka was also
suspended from duty after he filed a criminal complaint against Harabin
for misuse of power.
With the exception of the Constitutional Court, courts employed a
computerized system for random case assignment to increase
transparency. There were reports that this system was subject to
manipulation. The watchdog NGO Fair Play Alliance filed a criminal and
disciplinary motion against the president and the vice president of the
Supreme Court for allegedly manipulating the electronic assignment
system. Supreme Court president Harabin subsequently filed a criminal
motion against Fair Play Alliance Director Zuzana Wienk for false
accusation, which remained pending at year's end.
In 2008-09 more than 500 judges (out of a total of 1,400) submitted
claims of ``wage discrimination.'' The mass court claims submitted by
the judges raised serious concerns about the ethics of some members of
the country's judiciary as well as the potential impact on the state
budget. The disgruntled judges asserted that they had been
discriminated against because judges sitting on former Special Court to
combat corruption and organized crime had higher salaries. Many members
of the public perceived the claims as illegitimate and driven by the
judges' envy and greed. According to media reports, the judges' claims
had been organized by senior officials in the judiciary. Justice
Minister Viera Petrikova and the Supreme Court president Harabin openly
supported the judges' claims. Justice Minister Viera Petrikova had also
filed a claim for wage discrimination, even though she was also a
defendant in the case. Petrikova was replaced by Lucia Zitnanska in
July when the new government took office.
In some of the wage discrimination cases, district courts awarded
judges compensation up to 90,000 euros ($120,000). Critics and members
of the public noted that individual judges' wage discrimination
complaints were being decided by colleagues who had filed similar
complaints, suggesting serious conflicts of interest and calling into
question the impartiality of court proceedings.
In June 2010 a judicial disciplinary senate ruled that veteran
judge Anna Benesova be demoted for allegedly prohibiting the recording
of court proceedings in one of her cases. Consequently, the Judicial
Council, presided over by Stefan Harabin, decided that judge Benesova
will be demoted not to a lower court in her home city Bratislava, but
to a district court in Levice more than 60 miles away. Instead of
working there, Benesova decided to retire.
Benesova asserted that the real motive for her demotion was her
unwillingness to decide in favor of Supreme Court president Harabin in
a libel case against daily newspaper SME. Following Benesova's
suspension from the Bratislava Regional Court in 2008, the judge who
replaced her in the Harabin v. SME case ruled in Harabin's favor and
ordered SME to pay him 33,134 euros (approximately $44,400). Witnesses
at her disciplinary hearings testified that Benesova did not prohibit
the recording; normally in such cases judges received only minor or no
sanctions.
In September 2009, 105 judges sent a letter to the president, prime
minister, the chairman of the National Council, the justice minister,
and the Judicial Council protesting the improper use of disciplinary
panels against independent judges, particularly for critics of Harabin.
The judges did not receive a response. In an open statement in October
2009, signed by the same 105 judges, they wrote about ``an atmosphere
of fear'' in conducting their work within the judiciary.

Trial Procedures.--Defendants enjoy a presumption of innocence.
They are also presumed innocent during the appeals process, meaning
that a person found guilty by a court does not serve his imposed
sentence nor pay any fine until the final decision on his appeal is
reached. Persons charged with criminal offenses are entitled to fair
and public trials and have the right to be informed of the charges
against them. The law does not provide for jury trials. A panel of
three judges is obligatory in criminal cases and in civil cases at the
regional court and Supreme Court levels. However, NGO observers stated
that judicial corruption often resulted in lengthy court delays and
improper handling of police investigations. Defendants have the right
to be present, consult in a timely manner with an attorney (at
government expense if indigent), access government-held evidence,
confront witnesses against them, and present witnesses and evidence on
their own behalf. Defendants have the right to refuse self-
incrimination, and may appeal adverse judgments.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--There were 569 complaints
filed against the state before the European Court of Human Rights
(ECHR) in 2009, up from 488 in 2008. The ECHR ruled on 69 cases in
2009. In 38 rulings, the court found a violation of the European
Convention on Human Rights; of these, 29 violations concerned
``reasonable time'' requirement for civil and criminal proceedings.
Out-of-court settlements were reached in another 10 cases. In total,
the Government paid 512,000 euros ($686,000) to applicants as
compensation in 2009. Approximately 1,300 complaints filed against
state remain unresolved. The court issued 12 rulings against the state
during the year.
Three forced-sterilization civil suits that predated the 2005 law
prohibiting such sterilizations were filed with the ECHR in 2004. Two
were still pending at year's end.
In April 2009 the ECHR ruled in favor of eight Romani women who
suspected they had been sterilized without their knowledge. The
hospitals where the procedures had been performed allegedly denied the
women access to their medical records, and the ECHR ruled that this
denial of access was a violation of privacy; the allegation of
uninformed sterilization was not at issue. Four of the women
subsequently received access to their medical files; at least one of
them discovered she had been sterilized. The remaining four women
continued to be denied access to their medical records. In 2007 the
Ministry of Health informed the NGO Poradna, which had assisted the
women in preparing their legal case, that the women's medical records
were lost. After numerous unsuccessful civil proceedings, the
plaintiffs were each awarded 3,500 euros ($4,690) in damages.

Civil Judicial Procedures and Remedies.--Citizens have unrestricted
access to an independent judiciary to bring lawsuits in civil matters
including human rights violations. Courts that hear civil cases were
subject to the same delays as criminal courts and were often perceived
by the public as corrupt. Administrative remedies are available in
certain cases. The National Center for Human Rights has the authority
to provide mediation for cases of discrimination and to represent
claimants in court.
The Office of the Public Protector of Rights (ombudsman) determined
that 157 of the approximately 2,528 complaints received in 2008
constituted violations of the rights of the claimants, most of which
involved delays in court proceedings. The ombudsman's office continued
providing free legal services throughout the country by holding
traveling legal clinics in cooperation with individual municipalities.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and the law prohibit such actions,
and the Government generally respected these prohibitions in practice.
Police must present a warrant before conducting a search or within
24 hours afterwards.
Romani advocacy groups pressured the Government to acknowledge and
compensate victims for past involuntary sterilization practices on
Romani women in public health facilities. Patients legally are required
to submit written requests at least 30 days before sterilizations are
performed; however, criminal charges cannot be filed for offenses that
took place prior to 2005, when the law took effect. No victims of
involuntary sterilization or sterilization without informed consent
received financial redress for sterilization in the country's court
system.
According to the NGO Poradna (Center for Civil and Human Rights),
which helped alleged victims prepare cases, several civil court cases
had been filed. In one case, three Romani women claimed that they were
sterilized without informed consent. In 2006 the Constitutional Court
ruled that regional-level prosecutors had violated the constitution and
the European Convention on Human Rights by improperly closing the
investigation of the original claim and awarded each of the claimants
50,000 koruna (approximately $2,380). The court instructed the
prosecution to reopen its investigation in 2007, but the investigation
did not yield any new results. Poradna filed another appeal with the
Constitutional Court, which was pending at year's end. Two additional
cases were pending at regional courts following appeals, and four cases
were pending before appeal courts.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and the law
provide for freedom of speech and of the press; while the Government
generally respected these rights in practice, in some instances the
Government limited these rights, including attempts by government
officials to impede criticism and to limit actions of extremist groups.
The law prohibits the defamation of nationalities, punishable by up
to three years in prison, and denying the Holocaust, which carries a
sentence of six months to three years in prison.
The independent media were active and expressed a wide variety of
views, although media, especially state-owned television, were subject
to political influence. The three public media outlets, STV
(television), Radio SRo, and TASR news agency, received state funding
and were headed by political appointees. There were reports that
directors of Slovak Public Television exerted pressure in the news
department to provide favorable coverage of governing coalition events
and activities. In October 2009 the director of state-supported STV
intervened to halt the broadcast of an investigative report critical of
a social enterprise project subsidized by the Ministry of Labor. While
the report ultimately aired following a decision by the governing body,
the STV council did not renew the contract of the journalist who
prepared the report that the director had challenged.
Both the 2008 act on broadcast fees and the 2007 audiovisual law
increased broadcast media's dependence on state funding and the
perceived schism between print and broadcast media.
In October a study by the Slovak Syndicate of Journalists and the
Pan-European University School of Mass Media indicated that the number
of journalists who reported feeling pressure from media owners and
managers that infringed on their freedom of expression had decreased
from 55.5 percent in 1997 to 47.7 percent during the year.
In 2008 a media law went into effect that required publishers to
print responses to any ``statement of fact that impinges on the honor,
dignity, or privacy of a natural person, or the name or good reputation
of a legal entity.'' The law required publishers to print replies on
the same page and space as the original article, regardless of whether
the original statement was factually correct. Journalists and
publishers opposed the law because it could force them to print
official government responses without the opportunity for a counter
response. The Organization for Security and Cooperation in Europe's
representative on freedom of the media stated that, instead of
complying with established standards in such cases, the Government was
forcing the media to become subject to ``political give and take'' that
violated the country's international commitments to protect the freedom
of its media. Members of government took several actions that observers
believed were intended to pressure the media to curtail reporting
critical of the Government.
In November 2009 former Prime Minister Fico used the right of reply
provisions in the media law to respond to a commentary from the daily
SME, which alleged that he had been part of a privileged group during
the communist era in the country. SME printed Fico's reply on its
opinion page. Media analysts and publishers noted that, when the media
law passed, Fico said that he would not use it, as it was designed to
protect ordinary citizens from the press.
Criminal penalties for defamation exist under the penal code, but
these provisions were rarely used.
Members of the Government, judiciary, and political elites targeted
the press in a number of civil defamation lawsuits, which often
required the press to pay large sums of money. The International Press
Institute and other observers expressed concern that this financial
risk could lead to media self-censorship. Courts made multiple
decisions in favor of political elites, despite compelling evidence of
the veracity of the reports for which media outlets were being sued.
In May the Supreme Court filed a suit seeking 200,000 euros
($268,000) in nonpecuniary damages from the private radio station Radio
Express for its report concerning the renovation costs for a bathroom
at the Supreme Court. The court's president, Stefan Harabin, filed the
complaint on behalf of the Supreme Court at the First Bratislava
District Court. The complaint asserted that the reconstruction of the
bathroom next to the office of the Supreme Court president did not cost
32,700 euros ($43,800) as news reports claimed, but 2,279 euros
($3,053). The sum of 32,700 euros ($42,500) figure applied to the
overall cost of reconstructing the Supreme Court president's offices.
The radio obtained the story from the daily newspaper Pravda, whose
publishing house Perex was also sued for damages of 200,000 euros
($268,000) by the Supreme Court. The journalists claimed that the
Supreme Court did not respond clearly to their requests for
information, which were filed according to the law. Pavol Mudry, the
director of the International Press Institute (IPI) Slovakia, was
reported as saying that the Supreme Court was not guarding against
damages to its reputation but was aiming to eliminate media outlets
that make the court uncomfortable.
In May 2009 then-justice minister and current President of the
Supreme Court Stefan Harabin sent letters to three publishers and one
radio station requesting out-of-court settlements of 200,000 euros
($268,000) from each of them to compensate for articles and statements
published in 2008-09 that allegedly damaged his reputation. He did not
seek an apology or printed corrections. Harabin had previously won
several libel lawsuits against the media, a fact he highlighted in the
letters to the media outlets. Observers expressed concern that the
former minister's objective was to intimidate and extort the media
rather than to restore his reputation. The Association of Publishers of
the Periodical Press in Slovakia issued a statement claiming Harabin
was ``demanding exorbitant sums... higher than those awarded by courts
in the cases of the gravest health injuries or deaths.''
In July the Bratislava District Court ruled against former Prime
Minister Fico in his case against Petit Press, the parent company of
leading daily SME, for damages allegedly incurred by publication of a
cartoon on its opinion page. The cartoon depicted the former prime
minister in a doctor's office, with the doctor examining an X-ray of
his neck and implying he was spineless. In his lawsuit, Fico stated
that, while he was suffering unbearable physical pain from an injury,
SME was misusing his image and mocking his suffering, which harmed his
dignity and reputation. Fico's appeal of the verdict remained pending
at year's end.
In December 2009 former Prime Minister Fico held a press conference
in which he accused the media of conspiring against him, attacking his
family, and ``operating like the mafia.'' The publishers of the
country's leading dailies responded with a joint article refuting
Fico's claims of conspiring against him. The article stated ``what is
equally offensive are the continuing and escalating attacks against
journalists . . . The media and journalists are doing nothing other
than what is customary in a democracy. The prime minister naturally has
the right to use all legal means for his defense. . . . However, he
does not have the right to incite an atmosphere of aggressiveness
toward the media and journalists in society.''

Internet Freedom.--There were no government restrictions on access
to the Internet or reports that the Government monitored e-mails or
Internet chat rooms; however, police monitored Web sites hosting hate
speech and attempted to arrest or fine the authors. The law defines
hate speech as speech that publicly threatens an individual or group
based on nationality, ethnicity, race, skin color, or that publicly
incites the restriction of rights and freedoms of such an individual or
group. Individuals and groups could otherwise engage in the peaceful
expression of views via the Internet, including by e-mail. Internet
access was generally available across the country.
According to International Telecommunication Union statistics for
2010, approximately 74 percent of the country's inhabitants used the
Internet.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution and the law provide for freedom of
assembly, and the Government generally respected this right in
practice. However, there were complaints against the interior ministry
that police officers did not intervene adequately to address violence
at demonstrations, as was the case during May's inaugural gay pride
parade in Bratislava.

Freedom of Association.--The constitution and the law provide for
freedom of association, and the Government generally respected this
right in practice. However, the law requires organizations to pay a
nominal registration fee and stipulates that those registering as
foundations have ``substantial'' financial resources of 6,000 euros
(approximately $8,040) to operate.

c. Freedom of Religion.--For a complete description of religious
freedom, see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

Protection of Refugees.--The law provides for the granting of
asylum or refugee status, and the Government has an established system
for providing some protection to refugees. The Government granted 14
asylum seekers refugee status out of 822 applicants in 2009, in
contrast with 2008, when 909 asylum seekers applied and the Government
granted refugee status to 22 applicants. While the asylum law gives
officials broad authority to reject applicants based on technical
errors in their applications, in practice this was not a problem.
Consistent with EU legislation, the country does employ the concept
of a safe country of origin and transit, but is still required to
ensure that an asylum seeker's individual well-being is not threatened
in a non-EU ``safe third country.''
In practice, the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion. In April, however, the Government extradited an Algerian
national and alleged terrorist, Mustafa Labsi, back to Algeria despite
an interim measure issued by the ECHR that specifically stated that
Labsi should not be expelled to Algeria until he exhausted all legal
avenues for his asylum claim, including the Constitutional Court. Labsi
was extradited before he had time to appeal to the Constitutional
Court. Referring to the ECHR interim measure, then- Interior Minister
Robert Kalinak stated that even if Slovakia were to be fined, it would
only amount to a ``couple thousand euros.''
The Government accepted refugees from third countries and provided
basic facilities and services to encourage integration. Language
training and work permits were available for refugees and asylum
applicants with extended stays.
In July 2009 the Government, UNHCR, and the International
Organization for Migration signed an agreement to temporarily house 98
Palestinian refugees from Iraq. The refugees arrived in August 2009 and
were expected to stay for six months in an asylum facility in Humenne
and be provided with accommodation, food, and medical care while their
applications for permanent asylum elsewhere were processed. By
February, all 98 refugees had been relocated to a third country.
The Government also provided temporary protection to individuals
who may not qualify as refugees. The law provides for temporary
protection, classified as ``tolerated residence,'' which is granted if
asylum is denied and the individual is not eligible for deportation to
his or her country of origin due to administrative problems or fear for
the person's safety. In 2009, 97 individuals were granted subsidiary
protection, up from 65 persons in 2008.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and the law provide citizens the right to change
their government peacefully, and citizens exercised this right in
practice through periodic, free, and fair elections based on universal
suffrage.

Elections and Political Participation.--On June 12, citizens voted
six political parties into the National Council in free and fair
elections. Four of the six parties then formed the governing coalition,
led by the country's first female prime minister, Iveta Radicova. Voter
turnout was over 50 percent.
In April 2009 President Ivan Gasparovic, the head of state, was
reelected for a five-year term in the second round of voting in an
election that was also considered to be free and fair.
Political parties operated without restriction or outside
interference. A political party must receive at least 5 percent of the
ballots cast to enter the National Council. In the 2010 elections,
voters had the option of marking a preferential vote for an individual
candidate on a political party list in addition to voting for a party.
There were 24 women in the 150-seat National Council, 41 women on
the 79-seat Supreme Court, and two women in the 13-member cabinet,
including the prime minister.
The law prohibits collecting information on ethnicity, and it was
not possible to determine the precise number of members of minority
groups in government. The party Most-Hid (``bridge'') holds 14 seats in
the National Council, of which seven are ethnic Hungarians. Some ethnic
Romani individuals and parties were successful at winning
representation at the local and regional levels; however, Roma were
consistently underrepresented in government service, and no Roma were
in the National Council.
In November 2009 the country held elections for the chairmanships
and parliamentarian seats in the eight regional governments. Voter
turnout was 22.9 percent. For the first time in the country's history,
two ethnic Romani candidates were elected to the regional parliaments.
In the eastern part of the country, there were often allegations of
vote buying, particularly in Romani settlements, during all elections.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not always implement the law effectively,
and some officials engaged in corrupt practices with impunity. There
were also concerns, particularly in the business sector, about the
privatization of justice. Some NGO governance experts reported that
court proceedings have become a contest of vested interests and
connections to the judicial powers. While the country has financial
disclosure laws, compliance was the exception rather than the rule. The
World Bank's Worldwide Governance Indicators also reflected that
corruption remained a problem.
Instances of police corruption and misconduct were also reported,
primarily the extortion of bribes during traffic stops. Headed by a
director who reports directly to the interior minister, the Bureau for
the Inspection Service of the Police Corps is responsible for
investigating police abuses. Cases may be initiated by the inspection
service, the police corps, the police department's organized crime
unit, and individual citizens, among others.
The most grievous cases of corruption involved the Ministry of
Environment and the Ministry of Construction and Regional Development,
which were both headed by the ultra-nationalist Slovak National Party
(SNS), a coalition partner of the ruling SMER (``direction'') party
until July 2010. Former Prime Minister Fico closed the Ministry of
Environment because he considered the situation irreparable, and the
Ministry of Agriculture took over its functions, until the new
government reestablished the ministry in September.
International companies reported multimillion dollar losses that
they settled out of court simply because of lack of a credible legal
remedy, and cronyism was cited as the country's primary competitive
disadvantage.
Following its formation in July, the new government launched its
reform agenda by requiring disclosure of all contracts, invoices, and
financial transactions relating to the public on the Internet and
introducing electronic auctions as a mandatory form of procurement.
However, the Government had not prosecuted most of the egregious
corruption scandals that had emerged under the previous government.
In April the European Commission (EC) formally questioned whether
the winner of the National Highway Company's (NDS) tender to build an
electronic toll-collection system had enjoyed an ``unfair advantage.''
The NDS had awarded the tender to the highest bidder, SanToll-Ibertax,
a Slovak entity, for 852.1 million euros ($1.1 billion). The system was
plagued by glitches when it began operating in January.
According to a report submitted by EC auditors in March the
``presence of indicators of serious fraud was identified'' in some of
the social enterprises created by former Labor Minister Viera Tomanova.
The eight regional social enterprises received 95 percent of their
funding from the state to provide training and employment for persons
in regions with high unemployment. However, according to the Slovak
Governance Institute, the social enterprises were established ``in
direct contradiction with the existing EU legislation on state aid.''
As of January, the social enterprises had received 11.3 million euros
($15.1 million) in public funds. The new government abolished the
projects due to the perceived lack of transparency and corruption
allegations.
In May Slovak investigators met their foreign counterparts to
discuss new findings in the investigation of the sale of Slovak surplus
carbon dioxide emission quotas. The country was believed to have lost
at least 40 million euros ($53.6 million) in a deal in which the
environment ministry, then under the political control of Slovak
National Party, sold rights to emit 15 million tons of carbon dioxide
at approximately half the market price.
The Ministry of Interior is responsible for developing the
Government's overall strategy for combating corruption, with a specific
focus on investigation and enforcement. The Special Court is
responsible for most prosecution efforts (see section 1.e.). The
general prosecutor, who is appointed by parliament and independent of
the executive and judicial branches, also plays a leading role in
prosecuting corruption. The Government Office of the Slovak Republic,
which answers to the prime minister, also plays a role in developing
anticorruption legislation and regulations.
The law provides for public access to government information;
however, NGOs cited a need for greater public awareness of the
responsibility of government to provide information. During the year
both the Constitutional Court and the Judicial Council restricted
access to information. The Government often declined to provide
information, reacted with extreme delays to requests, or released only
heavily redacted information. In one case, the Government released a
contract for the sale of carbon dioxide emission quotas with the names
of the buyers, the quantity of quota units, and the price redacted. The
reason given was that the information was protected by confidentiality
clauses in the contracts. In several such cases, authorities released
the information after widespread critical media coverage.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Most NGOs were
independent, although the Slovak National Center for Human Rights
receives its budget from the parliament, and was thus semi-independent.
Government officials were generally cooperative, although NGOs reported
that at times government officials seemed to view their activities with
suspicion or mistrust.
The country has an 11-member parliamentary Human Rights Committee,
which was not particularly active during most of 2010. It did, however,
have a public hearing on what some members of the committee determined
to be inadequate government action on the 2006 case of an alleged
attack on ethnic Hungarian university student Hedviga Malinova. In
July, Anna Belousovova, of the SNS took over the chairmanship of the
committee, the only committee in parliament chaired by the SNS, which
many interpreted as ironic, due to SNS Chairman Jan Slota's infamous
verbal slurs against minorities.
The office of the ombudsman is headed by Pavel Kandrac, who submits
an annual report on human rights problems to the president. In
submitting the 2009 annual report in April, Kandrac reportedly asked
for expanded powers. In general, Kandrac's work has not been the
subject of executive interference, but on the other hand, human rights
activists do not consider his office to be very effective. Kandrac
focuses primarily on the issue of court delays and, to a lesser extent,
children's rights. During the year his office did not comment on Roma
issues, serious problems in the judiciary, or other human rights
violations.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and the law prohibit discrimination based on race,
gender, disability, language, or social status; the Government made
efforts to enforce these prohibitions in practice. All government
agencies are required to create special favorable conditions for groups
who are victims of discrimination, including but not limited to,
employment, education, and vocational training.

Women.--The law prohibits rape, including spousal rape. Although
the Government enforced the law effectively, rape was an underreported
problem according to NGOs and academics. In 2009 there were reports of
142 rapes, and 396 cases of sexual abuse. There were 37 convictions for
rape in 2009, and 16 convictions in the first six months of 2010. Rape
victims had access to shelters and counseling offered by NGOs and
government-funded programs.
Domestic violence against women continued to be a problem. The law
prohibits domestic violence; however, it was widespread, and activists
claimed that the Government did not enforce the law effectively. A
joint study performed by the Ministry of Labor, Social Affairs, and
Family and the Public Policy Institute concluded that one of every five
women was a victim of domestic violence. In 2008 parliament passed a
law providing police with greater tools to combat domestic violence;
the law allows police to prohibit suspected offenders from reentering
the domicile where the victim resides for 48 hours after an incident
was reported. In 2009 there were 1,028 convictions for crimes that
involved domestic violence. During the same period, there were 192
convictions for abuse of a member of household. In the first six months
of 2010, there were 508 convictions for crimes that involved domestic
violence, and 95 convictions for abuse of a member of household. The
law provides stricter sentences for violence directed toward members of
the same household and allows for continued criminal prosecution even
when a spouse drops charges. Domestic violence is punishable by two to
12 years' imprisonment. Domestic violence often was underreported due
to the social stigma associated with being a victim; crime statistics
did not adequately reflect the extent of the problem.
Under a national action plan to combat violence against women for
2009-12, government ministries and local governments were tasked with
increasing awareness about domestic violence through public media
campaigns and training of health practitioners on identification of
domestic violence victims.
The law defines sexual harassment as unlawful discrimination. There
were few statistics available to measure the frequency or severity of
the problem. The National Center for Human Rights received
approximately 18 reports of sexual harassment in the workplace in 2009.
During the first nine months of the year, the center received seven
reports of sexual harassment.
The Government recognized the basic right of couples and
individuals to decide freely and responsibly the number, spacing, and
timing of their children. Contraception is widely available, however,
the costs must be covered by the individual; they are not covered by
the public health services. According to NGOs, the high cost of oral
contraception in the country and the lack of public subsidization
constitutes a significant barrier to access. According to the Ministry
of Health, use of oral contraception is increasing (from 2 percent in
1988 to 20.5 percent in 2005). According to the Population Reference
Bureau (PRB), 66 percent of married women between the ages of 15 and 49
use modern methods of contraception. Between the ages of 15 to18, women
must have the approval of their parents and gynecologist to obtain a
prescription for oral contraception; they must pay the costs privately.
Child mortality rates were very low. According to the PRB, 100
percent of births are attended by skilled attendants. The law on public
health care coverage provides comprehensive reproductive health
services for women. According to estimates compiled by international
organizations, there were approximately six maternal deaths per 100,000
live births in the country in 2008.
Sexual education is offered at all levels of schools, and the
Government's goal is to reduce unwanted youth pregnancies by 50
percent. However, NGOs noted that the quality of sexual education is
very low, and is not mandatory. The country has a low incidence of HIV/
AIDS infection and women and men are treated equally for sexually
transmitted infections, including HIV.
Women and men are equal under the law, including family law,
property law, and in the judicial system; however, discrimination
against women remained a problem in practice. Although women are
legally protected from discrimination in the labor market, NGOs
reported that many women had been dismissed from their jobs upon
becoming pregnant. The equal opportunity office in the Ministry of
Labor, Social Affairs, and Family worked in an advisory capacity to
ensure the legal rights of women. The Council of the Slovak Republic
for Gender Equality, established at the end of 2008, approved a
National Gender Equality Strategy for 2009-13.
The Ministry of Labor and Social Affairs reported that women's 2009
wages were an average of 21 percent lower than those of men. According
to outside experts and the Ministry of Labor, the reported wage
differences were due to low participation of women in higher-paid
management positions and large numbers of women working in low-paid
occupations such as education, healthcare, social work, and light
industry. The Ministry of Labor also noted that the wage gap was the
result not of differences in base wages, but in bonuses which were
provided in a less transparent manner.
NGOs continued to advocate increased opportunities for the
political participation of women, who were underrepresented in almost
all spheres of public power. In 2008 women accounted for 6.2 percent of
senior government officials, 20 percent of the National Council, and
equally low numbers in regional authorities.

Children.--Citizenship is acquired by birth to at least one citizen
parent, regardless of where the child is born. Each domestic birth is
recorded at the local vital statistics office. If the child is born in
a foreign country, the foreign birth certificate must be notarized,
translated, and recorded with a special vital records office
administered by the Ministry of Interior.
While education is universal, free through the postsecondary level
and compulsory until the age of 15, Romani children exhibited a lower
attendance rate than other children. Although Romani children comprised
only 15 percent of the total number of children under the age of 16,
they were disproportionately enrolled in ``special'' schools for
children with mental disabilities, despite diagnostic scores that were
often within the average range of intellectual capacity. In many
special schools, the registered student body was nearly 100 percent
Roma, according to NGO reports.
The Government did not provide data on the percentage of these
students who were from Romani households, as it does not collect ethnic
data. In the 2009-10 school year, there were 24,920 students enrolled
in special schools and 10,529 enrolled in special classes within
regular schools. The Government reported that 36 percent of students in
special schools were from socially disadvantaged, primarily Roma,
households. According to a September 2010 report by Amnesty
International, Romani children comprised 85 percent of the students in
special schools. Regular schools in the same communities had very few
Romani students, especially at the secondary school level. A special
school education did not provide Romani children the knowledge or
certification necessary to continue to higher education institutions.
In September Amnesty International (AI) released an update to its
2008 report on school segregation. In the 2008 report, AI featured the
town of Pavlovce nad Uhom, where 99.5 percent of the special school
students were Roma, some of whom previously functioned at an acceptable
level in the mainstream elementary school prior to their transfer. AI
also found that Romani parents were offered cultural and financial
incentives regardless of the presence of a mental disability to send
their children to what was locally known as the ``gypsy'' school. AI's
investigation found that authorities lacked proper assessment
procedures for enrolling students in special schools. Following
publication of the 2008 report, the Government's School Inspection
Service reportedly conducted an audit of 10 percent of all special
schools to determine if proper enrollment procedures were followed; no
irregularities were found. During the year AI found that, although the
school's pupils were still 99.5 percent Romani, the overall enrollment
of the school had dropped.
In August the Government adopted a program calling for an end to
segregation of Romani children in special schools. In 2008 the
Government had passed a law that addressed some of the problems through
reform and new programs, specifically eliminating motivational
scholarships based on performance and replacing them with attendance-
based financial incentives. It also provided for the creation of ``zero
year'' classes, which offer one year of state-funded prekindergarten
education to children from socially disadvantaged families. During the
2009-10 school year, 3,134 children participated in the ``zero year''
program, an increase of 25 percent over the previous year. NGO
observers expressed the view that the program was a successful model
but that it needed to be expanded further to be effective.
Child abuse remained an underreported problem according to child
advocates. The Government continued to increase training programs to
reduce the instance of child abuse and implemented a publicity campaign
to raise awareness of the issue. A number of children's foundations
operated programs for abused or disabled children (or both).
The Government's National Action Plan for Children for 2009-12,
funded through the Government budget, focused on training of social
workers and other professionals dealing with children, as well as
public education campaigns against corporal punishment and sexual abuse
of children.
Child prostitution is prohibited; however, according to the UN, it
remained a problem in Romani settlements with the worst living
conditions. Most of the perpetrators were other Roma.
According to the criminal code, 15 is the minimum age for
consensual sex. Rape and sexual violence carry penalties of five to 25
years' imprisonment, depending upon the injury or harm caused the
victim and the motive.
The production, distribution, or possession of child pornography is
also a crime; the penalties for breaking the law range from two to 20
years' imprisonment.
As of June there were approximately 5,000 children in institutional
care, the majority of whom were Roma. Of the 4,100 children in long-
term care, nearly 800 were with foster families, a proportion that had
increased steadily over the previous decade. According to law, children
under the age of three must be cared for by foster families rather than
being placed in orphanages. For the remainder of children, orphanages
served as long-term care facilities rather than short-term residences.
Activists claimed that orphans had difficulty integrating into society
at age 18 and faced an elevated risk of falling victim to trafficking.
The Ministry of Labor and Social Affairs operated small-group homes for
young adults aging out of foster care.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--Jewish community leaders and 2001 census data
estimated the size of the Jewish community at approximately 3,000
persons.
Organized neo-Nazi groups, estimated to have 500 active members and
several thousand additional sympathizers, promoted anti-Semitism and
harassed and attacked other minorities. Jewish community leaders
expressed concern that some media coverage in the country exhibited
anti-Semitic undertones.
In November 2008 the cabinet approved a penal code amendment that
would toughen penalties for extremist acts. President Gasparovic vetoed
the amendment, stating that it did not sufficiently define extremism
and extremist acts. NGOs also expressed concern that the amendment's
ambiguity could be misinterpreted or misused to repress perceived
enemies of government including NGOs or media. In June parliament
overrode the veto, and the amendment took effect in September. The
amendment provides penalties of two to six years' imprisonment for
individuals convicted of membership in an extremist group and three to
eight years' imprisonment for production of extremist materials.
There were numerous reported acts of anti-Semitism. Police arrested
individuals in Roznava, Nitra, Kolinany, Dolne Obdokovca, and other
towns for painting swastikas on public buildings or propagating fascist
ideology.
In 2007 two young men were arrested and charged with defamation
against an ethnic group; the men shouted Nazi slogans at the Bratislava
rabbi and his son as they were leaving a synagogue. The case was
pending trial at year's end.
While direct denial of the Holocaust was uncommon, expressions of
support for the World War II-era Slovak fascist state, which deported
tens of thousands of Slovak Jews, Roma, and others to their deaths in
German concentration camps, occurred during the year.
In March approximately 250 persons gathered in front of the
presidential palace in Bratislava to commemorate the 71st anniversary
of the founding of the wartime fascist Slovak state in 1939 and pay
respect to its president, Jozef Tiso, who was executed for treason
after World War II. Immediately before the extremists commemorated
Tiso, human rights activists organized a march to promote tolerance,
also in front of the presidential palace.
The Nation's Memory Institute (UPN) provided access to previously
undisclosed records of the Slovak regimes from 1939-89, and in past
years politicians such as the Slovak National Party Chairman Jan Slota
made efforts to abolish it. In April 2009 parliament elected Arpad
Tarnoczy, former chairman of the Union of Anti-Communist Resistance
(ZPKO) and known for his pro-Tiso sentiments, to the UPN supervisory
board. The ZPKO published a newsletter, Svedectvo (Testimony), that
Jewish community officials criticized for advocating the wartime
fascist state. Tarnoczy previously unveiled a monument to Jozef
Kirchbaum, a leader of the war time fascist Hlinka Guard.
The Ministry of Interior pursued violent extremist groups, and
police monitored Web sites hosting hate speech and attempted to arrest
or fine the authors. The Government also continued implementing its
action plan to fight discrimination, racism, xenophobia, and anti-
Semitism. During the year the Government organized educational programs
on minority and human rights issues. High school and university
curricula promoted tolerance, and students could also compete in annual
essay contests that focused on human rights issues.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities in employment, education, access to health care, or the
provision of other state services. Persons with disabilities were able
to vote and participate in civic affairs. In practice, however, experts
reported that access to buildings and higher education remained a
problem, and laws to provide assistance to students with disabilities
have not been implemented with regard to school facilities or
educational materials. There were reports that persons with severe
physical disabilities received less than the minimum wage in some
instances.
NGOs reported limited resources for psychiatric care outside of
Bratislava, a lack of community-based psychiatric care, and mechanisms
to monitor human rights violations against persons with such
disabilities. Psychiatric institutions and hospitals, which fall under
the purview of the Ministry of Health, continued to use cage beds to
restrain patients. The law prohibits both physical and nonphysical
restraints in social care homes, managed by the Ministry of Labor,
Social Affairs, and Family. Several NGOs conducted public education
campaigns on mental illness and worked cooperatively with the health
ministry.
NGOs have operated a project on patient advocacy in selected
psychiatric wards throughout The country since 2007. They have reported
no complaints from patients regarding the use of cage beds in the
facilities.
A patient in a psychiatric facility in Pezinok was reportedly
chained to his bed from February to July 2009. The Ministry of Health
believed the physical restraint was lawful and necessary to protect
facility staff, although several international NGOs expressed concern
and dissatisfaction with this treatment.
While the Government enacted legislation in 2007 requiring
television stations to provide ``voiceover broadcasting'' for blind
viewers, this provision has not been implemented by any Slovak
broadcaster. While the law defines mandatory standards for access to
buildings, NGOs noted that they had not been fully implemented,
although access to privately owned buildings improved more rapidly than
access to state buildings.
The Council for Citizens with Disabilities, cochaired by the deputy
prime minister and the minister of labor, social affairs, and family,
served as a governmental advisory body regarding persons with
disabilities. NGO representatives also participate in the council.

National/Racial/Ethnic Minorities.--Government and societal
discrimination against Roma and individuals of non-European ethnicity
was a common problem. Roma were the second largest ethnic minority with
a population of 90,000 according to the 2001 census. Experts estimated
that the Romani population was actually between 350,000 and 500,000.
The discrepancy was attributed to Roma identifying themselves as
Hungarians or Slovaks.
Racially motivated attacks on minorities (Roma and others) were
widely reported throughout the year, but investigation of attacks and
law enforcement varied by jurisdiction. During 2009 there were 24
convictions for racially motivated violence. During the first half of
the year, there were 14 convictions for racially motivated violence.
Roma were particularly singled out for violence, and police
detained numerous individuals for attacks against Roma motivated by
racial hatred. There were also reports that police mistreated Roma. In
March 2009 police officers in Kosice abused six Romani boys in
detention (see section 1.c.).
Skinhead and neo-Nazi violence against Roma and other minorities
continued to be a serious problem. The League of Human Rights Activists
(LPR) reported that although police were increasingly responsive in
their efforts to monitor and control the skinhead movement, the problem
persisted. The LPR also reported receiving e-mail and telephone threats
from skinheads.
Several non-Romani minorities as well as foreigners were also
victims of racially motivated attacks.
In June, four neo-Nazis attacked an African-American man on a tram
in Bratislava. The police responded quickly and detained the attackers.
Extreme right, nationalist, and neo-Nazi groups continued to hold
events designed to intimidate minority groups. Dressed in uniforms
similar to those of the Hlinka Guards (the fascist wartime militia),
the groups' members held marches and rallies to commemorate the wartime
fascist state and to spread messages of intolerance against ethnic and
religious minorities.
An alleged 2006 attack and subsequent perjury charges against
Hedviga Malinova, an ethnic Hungarian university student in Nitra,
continued to draw media attention. Two young men allegedly physically
assaulted Malinova after hearing her speak Hungarian. The district
prosecutor discontinued the investigation after two weeks, concluding
that Malinova had lied. Amid media and NGO criticism, the
Constitutional Court rejected Malinova's multiple appeals, and in 2007
police formally charged Malinova with perjury. In September 2009 Peter
Labas, the dean of the Comenius University Medical Faculty, issued a
report stating that Malinova's injuries were self-inflicted; several
doctors listed as expert witnesses on the report subsequently
contradicted the evaluation and asked to have their names removed from
it, casting doubts on the report's integrity. In November 2009
Prosecutor General Dobroslav Trnka asked Labas to supplement the report
with additional information to assuage doubts raised over its accuracy.
In October 2010 the Human Rights Committee of parliament convened a
hearing to question the prosecutor general about delays in the case
that had already been pending for four years. Trnka responded that
Labas' response was still incomplete; thus his office took no
additional action on what Trnka referred to as a ``banal'' case during
the year. The case remained pending at year's end.
The Slovak National Center for Human Rights reported receiving 987
complaints of discrimination from January to September; in 2009, the
Center received 1,571 complaints. In most of these cases, the claims
involved labor-related discrimination, especially concerning hiring
processes. Other discrimination complaints concerned the provision of
goods and services, social and health care, and education. One NGO
criticized the length of time it took for the center to issue required
legal opinions on claims of discrimination.
Widespread discrimination against Roma continued in employment,
education, health services, housing, and loan practices. Activists
frequently alleged that employers refused to hire Roma, whose
unemployment rate was estimated to be between 80 and 90 percent.
A case of alleged employment discrimination involving two Romani
women received widespread media attention during the year. The pair,
sisters who had higher education degrees, had attempted to find work as
teachers but were reportedly refused by numerous schools due to their
ethnicity. In September at least in part because of this extensive
coverage, the media reported the women had received employment offers
at a private college.
NGOs reported numerous cases of social discrimination against Roma
during the year, including restaurants and other businesses refusing to
serve Romani customers.
Local authorities and groups forced evictions of Romani inhabitants
or blocked them from obtaining construction permits or purchasing land.
Many Romani settlements lacked normal infrastructure, access to clean
water, and proper sewage systems.
In August apartment owners in Michalovce built a 25-meter-long wall
to connect with walls built earlier by the local municipality and which
representatives claimed would be used for sports and to prevent noise.
However, some criticized the wall as an attempt to divide local Roma
from non-Roma. In September another wall was erected in Presov to
separate the Stara Tehelna settlements inhabited by mostly Romani
citizens from the area of the city inhabited primarily by non-Roma.
The law prohibits defamation of nationalities in public discourse;
however, authorities enforced this law only when other offenses, such
as assault or destruction of property, were also committed. There were
instances of public officials at every level defaming minorities and
making derogatory comments about Roma. Inflammatory speech by
government officials continued to increase tensions between ethnic
Hungarians and ethnic Slovaks.
In June 2009 parliament amended the State Language Act to allow the
Government to impose fines on government institutions, civil servants,
and legal persons who did not provide information required by law in
Slovak. The amendment included a provision permitting the Ministry of
Culture to levy fines of up to 5,000 euros (approximately $6,700) on
institutions for noncompliance. Members of the ethnic-Hungarian
minority criticized the amendment as discriminatory and a restriction
on their right to free speech, which the culture minister defended as
an effort to extend and promote the use of the Slovak language. In
response to criticism, the new government made changing the law a
priority, and parliament passed an amendment in December that
drastically reduced the instances in which an institution can be fined.
The Government made efforts to address violence and discrimination
against Roma and other minorities, although some critics worried that
judges lacked sufficient training in the relevant laws. The Government
continued to implement its action plan against xenophobia and
intolerance, which included a special police unit to monitor extremist
activities. A commission consisting of NGOs, police, and government
officials advised police on minority issues.
In August the Government appointed Miroslav Pollak, a non-Roma with
extensive NGO experience in social field work, the plenipotentiary for
Romani affairs. His appointment drew criticism from some Romani NGOs.
The Government made only limited progress on its national minority
strategy, which incorporated a wide range of education, employment,
housing, and social integration policy recommendations from the Romani
advocacy community. While the Government allocated approximately 200
million euros (approximately $268 million) of EU structural funds to
projects that specifically addressed the needs of the Romani community,
NGOs complained that none of the funds had been spent and that the
Government lacked a comprehensive approach to Romani integration.
The plenipotentiary maintained five regional offices to supervise
the implementation of governmental policy on Romani issues, support
infrastructure development, and cooperate with municipalities and
villages to improve interaction between Roma and non-Roma. The Ministry
of Labor, Social Affairs, and Family assigned specially trained social
workers to Romani settlements to assist with government paperwork and
to advocate the importance of education and preventive health care. The
Ministry of Health trained Romani-speaking health care assistants to
improve the community's access to health services.
During the year the Government had a national antidiscrimination
plan. The office of the deputy prime minister for human rights served
as the secretariat for the Council of National Minorities and the
Government Council for NGOs.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--According to gay rights
advocates, prejudice and official and societal discrimination
persisted, although no official cases were available for citation.
On May 22, there was a well-attended gay pride parade in
Bratislava, which was in part supported by the international community.
Shortly after the event began, a group of approximately 50 skinheads
marched to within 20 feet of where introductory speeches were
occurring. The neo-Nazis chanted slogans and tossed a smoke bomb into
the crowd near a group of foreign dignitaries. In response, parade
organizers altered the route. In the press scrutiny that followed,
Interior Minister Robert Kalinak attributed the problems with the pride
parade to its organizers, who ``failed to provide appropriate
protection against extremists, ``such as by hiring their own private
security guards.'' The only thing the organizers achieved, Kalinak
asserted, was good advertising for neo-Nazis. The organizers refuted
the assertion, noting they had discussed security with the police
months in advance.
Officials at times expressed discriminatory views. In December 2009
Jan Slota, the chairman of the Slovak National Party and then governing
coalition member, stated: ``We're strictly against any promotion of
these sick (referring to same-sex) relationships. when I see those
transvestites having their parades, strutting down the street naked and
presenting this as a fashion.I consider this to be outrageous and
sick.''
Lesbian, gay, bisexual, and transgender persons organizations
existed and operated without impediments and lobbied for legal rights.

Other Societal Violence or Discrimination.--There were no reports
of discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law provides workers with the
right to form and join independent unions of their choice except in the
armed forces, and workers exercised this right in practice. Labor
unions estimated that 17 percent of the work force was unionized;
business associations believed the actual figure was less than 10
percent. The law provides unions the right to strike with advance
notice when collective bargaining fails to reach an agreement or to
support other striking employees' demands (solidarity strike). The
unions generally exercised these rights in practice without
restrictions. The law prohibits dismissing workers legally
participating in strikes; however, strikers were not ensured protection
if a strike was considered illegal or unofficial. Civil servants in
essential services and members of the military may not strike.

b. The Right to Organize and Bargain Collectively.--The law
provides for unions to conduct their activities without interference,
and the Government generally protected this right in practice. The law
provides for the right to organize and bargain collectively, and
workers exercised these rights in practice.
According to an Employment Ministry survey conducted in 2008, 24.47
percent of all employees were organized in unions.
There are no special laws or exemptions from regular labor laws in
export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that such practices occurred. For more information, see the
Department of State's annual Trafficking in Persons Report at
www.state.gov/g/tip.
Police have responsibility for investigating forced labor and
trafficking.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law provides for the protection of children from exploitation in the
workplace; however, there were reports that Romani children in some
settlements were exploited for commercial sex. NGOs reported that most
Romani victims, including children with disabilities, were exploited by
family members or other Roma.
The minimum age for employment is 15, although children under that
age may perform light work in cultural or artistic performances, sports
events, or advertising activities if it does not affect their health,
safety, or schooling. The National Labor Inspectorate and Public Health
Office must approve, determine the maximum hours for, and set
conditions for child labor under the age of 15. Children younger than
16 may not work more than 30 hours per week; children who are 16 and 17
are limited to 37.5 hours per week. Children under the age of 18 are
not allowed to work underground, work overtime, or perform work that is
inappropriate for their age or health.
District inspection units received and investigated child labor
complaints. If a unit determined that a child labor law or regulation
had been broken, it turned the case over to the national inspection
unit of the Ministry of Labor, Social Affairs, and Family. Enforcement
was consistent across all communities.
Child labor in the form of begging was a problem in some
communities; there were also isolated reports of children forced into
prostitution, often by family members.

e. Acceptable Conditions of Work.--The minimum wage, of 307.7 euros
($ 412) per month, provided a decent standard of living for a worker
and family in rural areas of the country, but not in urban areas.
The law mandates a maximum workweek of 48 hours including overtime,
with 30-minute breaks after six hours of work or after four hours for
employees younger than 18, and rest periods of at least 12 hours
between shifts. Trade unions, local employment offices, and the
Ministry of Labor, Social Affairs, and Family monitored observance of
these laws, and authorities effectively enforced them.
The law establishes health and safety standards that the office of
labor safety generally enforced. Workers have the right to refuse to
work in situations that endanger their health and safety and may file
complaints against employers in such situations. In August, 20 miners
died in an underground explosion in Handlova; a methane gas explosion
caused the disaster. The leadership of the mines remained unchanged,
and three separate teams, one from the district mining authority in
Prievidza, the second from the economy ministry and the third from the
police, had not released the results of their investigations by year's
end.
Workers have the right to refuse work that endangers their life or
health without risking the loss of their employment, and they exercised
this right in practice. Employees who work under conditions that
endanger their health and safety are entitled to ``relaxation'' leave
in addition to standard leave.

__________

SLOVENIA

Slovenia is a parliamentary democracy and constitutional republic
with a population of approximately two million. Power is shared between
a directly elected president (head of state), a prime minister (head of
government), and a bicameral parliament composed of the National
Assembly (lower house) and the National Council (upper house). On
October 10, the country held free and fair multiparty local elections.
Security forces reported to civilian authorities.
There were reports of trial delays and cursory procedures for
review of asylum applications. Societal violence against women,
trafficking in women and girls, discrimination against Roma, violence
against gays and lesbians, and discrimination against former Yugoslav
residents without legal status were also problems.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices, and
there were no reports that government officials employed them.

Prison and Detention Center Conditions.--Prison conditions
generally met international standards. The Government permitted
independent human rights observers to perform monitoring visits, and
such visits occurred monthly during the year.
The total number of prisoners as of November was 1,336, of whom 943
were convicted persons and 344 were detainees. There were 59 female and
12 juvenile prisoners.
Out of the 13 prisons in the country, only four have a capacity for
holding more than 100 inmates. New facilities at Dob Prison increased
its capacity by 174 places. The country has also adopted a ``weekend
prison'' program for convicted persons serving sentences of up to three
years, who are not convicted of sexual offenses, and who maintain
regular employment during the week. No abuses of the weekend prison
system were reported during the year.
The ombudsman reported that prison overcrowding was most severe at
Dob Prison (at 175 percent of its capacity) but that the new facility
relieved this problem. The second-most overcrowded facility is
Ljubljana Prison, which held 240 inmates while having a capacity for
128.
In July the ombudsman investigated a complaint that an inmate in
Maribor prison filed about the use of force against him. The ombudsman
concluded that unnecessary force had resulted in minor injuries to the
prisoner.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. Authorities permitted prisoners and
detainees to submit complaints to judicial authorities without
censorship and to request investigation of credible allegations of
inhumane conditions. Authorities investigated credible allegations of
inhumane conditions and documented the results of such investigations
in a publicly accessible manner. The Government investigated and
monitored prison and detention center conditions.
There is an ombudsman who can serve on behalf of prisoners and
detainees to consider such matters as alternatives to incarceration for
nonviolent offenders to alleviate overcrowding, address the status and
circumstances of confinement of juvenile offenders, and improve
pretrial detention, bail, and recordkeeping procedures to ensure that
prisoners do not serve beyond the maximum sentence for the offense with
which they were charged.
The Government permitted local and international human rights
groups, the media, or the International Committee of the Red Cross to
monitor prison conditions independently. No such monitoring occurred
during the year.
During the year the Government continued work to increase the
capacity of a prison located in Dob, which during the year held 496
inmates, 183 more than its capacity.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.

Role of the Police and Security Apparatus.--Police are centrally
organized under the supervision of the Ministry of Interior. The
ministry oversees the drafting of basic guidelines, security policy,
and regulations governing the work of the police. It monitors police
performance, with an emphasis on protecting human rights and
fundamental freedoms. The police provided effective law enforcement.
The law provides for a three-person government committee that
includes two representatives of civil society organizations to review
allegations of police abuse. The committee does not have authority to
conduct independent investigations, and it relies on information that
the Ministry of Interior or police investigators provided. The
committee usually forwarded its findings to the State Prosecutor's
Office.
As of September the police internal investigation division
investigated 55 allegations of police, prosecutorial, and judicial
misconduct.

Arrest Procedures and Treatment While in Detention.--Police
generally apprehended persons taken into custody openly with warrants
that either a prosecutor or judge issued. Authorities can detain
persons for 48 hours before charging them. Authorities must also advise
detainees in writing within 48 hours of the reasons for their arrest.
Upon arrest, detainees have the right to contact legal counsel of their
choice, and authorities generally respected this right in practice. The
Government provided indigent detainees with free counsel and generally
allowed them prompt access to family members. The law also provides
safeguards against self-incrimination.
Once authorities charge a suspect, pretrial detention may last for
up to four months, depending on the severity of the alleged criminal
act. An investigative judge must certify the charges. Once trial
procedures have begun, authorities may extend the total period of
detention for up to two years. Authorities must release persons
detained more than two years while awaiting trial or while their trial
is ongoing pending conclusion of their trial. Lengthy pretrial
detention was not a widespread problem, and authorities generally
released defendants on bail except in the most serious criminal cases.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
judicial independence in practice. The law provides the right to a
trial without undue delay; however court backlogs continued at times to
result in lengthy trial delays. As of June, there was a backlog of
266,221 cases. The Government's ``Lukenda'' project continued to boost
the efficiency of the judiciary, reducing court backlogs and lowering
the average processing time from 14.1 months to 6.1 months. The
Government extended the Lukenda project until 2012.

Trial Procedures.--The constitution and law provide for the right
to a fair trial, and an independent judiciary generally enforced this
right. The judicial system was overburdened and lacked administrative
support; resulting in frequent delays in the judicial process. In many
cases ongoing criminal trials took from two to five years.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Courts Decisions.--On July 13, the European
Court of Human Rights (ECHR) issued a judgment that found against the
country for one violation of Article 8 (right to a private and family
life) and one violation of Article 13 (right to an effective remedy) of
the European Convention on Human Rights. The decision in the case of
Kuric v. Slovenia concerned the applicants' complaint that authorities
prevented them from the possibility of acquiring Slovenian citizenship,
and/or from preserving their status as permanent residents, as a result
of which they have faced almost 20 years of extreme hardship. The
applicants belonged to a group of citizens of the former Yugoslavia
whose permanent residency status in Slovenia was erased in 1992. The
ECHR concluded that it was necessary to legislate and regulate
adequately the situation of the individual applicants by issuing them
with retroactive permanent residence permits.
These individuals, the ``erased,'' began acquiring Slovenian
permanent residency. The erased were frequently identified as stateless
persons who lacked citizenship; however, most of the erased always had
citizenship, but lacked permanent residency.
During the year the parliament adopted the Law on Settling the
status of citizens of other countries, successor states of the former
Yugoslavia in the Republic of Slovenia, on the basis of which the
Ministry of Interior began issuing decrees on recognition of the status
of permanent residency to persons whose status was erased in 1992.
During the year the ministry issued decrees to several dozen
individuals.
In 2009 the ECHR issued seven judgments that found at least one
violation of the European convention by the state.
The Government complied with ECHR judgments from 2009 during the
year. All of them were related to the period in Slovenia before the
adoption of the Act Regulating the Protection of the Right to a Fair
Trial without Undue Delay (in 2006).

Civil Judicial Procedures and Remedies.--The constitution and law
provide for an independent and impartial judiciary in civil matters,
including damages for, or cessation of, human rights. As with criminal
matters, court backlogs sometimes resulted in lengthy or delayed
trials.

a. Freedom of Speech and Press.--The constitution and law provide
for freedom of speech and of the press, and the Government generally
respected these rights in practice. Reports of indirect government
influence on the media decreased during the year.
The penal code criminalizes the promotion of ``national, race, or
religious discord or intolerance or the promotion of superiority of one
race over others.'' There were no reports that authorities charged any
individuals or publications under this provision during the year.
Individuals could criticize the Government publicly or privately
without reprisal, and the Government did not attempt to impede
criticism.
The independent media were active and expressed a variety of views,
and international media operated freely. Private investment and
advertising supported the major print media; however, the Government
owned substantial stock in many companies that were shareholders in the
major media houses.
The Government operated a ``media pluralization'' fund intended to
ensure that media reflected a diversity of viewpoints. The Commission
for Pluralization of Media (under the Ministry of Culture) publishes
tenders for co-financing different media projects through the Fund for
Pluralization.
The law provides criminal penalties for defamation that harms a
person's honor or name; there were no reports of any prosecutions for
defamation during the year. In March there was one conviction issued by
the Court of Ljubljana for defamation and the penalty was a fine of
5,000 euros ($6,700). During the year the police investigated several
cases of suspicion of defamation.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
and law provide for freedom of assembly and association, and the
Government generally respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The law prohibits forced exile, and the Government did not employ
it.

Protection of Refugees.--The law provides for the granting of
asylum or refugee status, and the Government has established a system
for providing protection to refugees.
Border police who apprehend persons who then seek asylum have the
duty to process applications and transfer the person to an asylum home.
There were some reports during the year that border police refused to
perform this task.
The law permits asylum seekers to change their asylum applications
if there are considerable changes in their circumstances; however, as
of year's end, this provision had not been implemented.
The law provides asylum seekers with the right to appeal decisions
on their applications, but authorities did not inform many asylum
seekers of this right.
To expedite asylum cases and terminate quickly those asylum cases
that applicants themselves abandon, asylum seekers must sign a
statement renouncing their asylum claim during the 24 hours when they
are in the ``pre-reception'' area of the asylum home, awaiting the
filing of their asylum application. This precautionary document is only
to allow officials to close cases when asylum seekers do not pursue
their asylum claims--claims that would otherwise create a backlog of
paperwork and procedure to close down. This precaution is not part of
asylum law, but has been observed in practice by the Peace Institute of
Ljubljana, which specializes in asylum cases.
If asylum seekers leave the pre-reception area before the
application is filed, they are not considered asylum seekers and can be
deported or detained in the Aliens Center. After an asylum application
is filed, asylum seekers are free to go, but are expected to return to
the asylum home every evening. If they are absent for more than three
days, their asylum claim is deemed withdrawn, and the authorities
consider the asylum seeker to have left Slovenia. If the claimant
returns to the asylum home after the three-day period, his/her status
changes to that of a nonresident alien, and he/she is subject to
deportation.
Amnesty International (AI) and the UNHCR expressed concern that the
law provides for accelerated asylum procedures with few safeguards and
that its exclusion clauses and broad detention powers could lower the
country's asylum standards.
There are no policies or laws that deny asylum based on country of
origin.
In practice the Government provided some protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion.
During the year the Government did not provide temporary protection
to persons who did not qualify as refugees.

Stateless Persons.--Citizenship is derived from the parents with
certain limitations when the child is born outside Slovenian territory.
Naturalization is also possible. There were no reports of problems with
immediate birth registration.
According to UNHCR data, there were 4,090 stateless persons in the
country at the end of 2009. However, this number consisted entirely of
nonethnic Slovenes (Bosnians, Croatians, Macedonians, Montenegrins, and
Serbs), who were Yugoslav citizens living in the country at the time of
its independence from Yugoslavia and whose residency status in Slovenia
was ``erased'' in 1992 after they failed to apply for residency bythe
administrative deadline. Since they or their parents were born in other
former Yugoslav republics, the Government considered most of these
``erased'' persons to be citizens of other countries rather than
stateless. As ``illegal aliens,'' the Government annulled their
identity documents, and they had no rights to education, health care,
housing, work permits, pensions, or other government benefits and
programs.
In the second half of the year, the Government began retroactively
recognizing the residency status of the ``erased'' inhabitants of
Slovenia on the basis of the Law on Settling of the Status of Citizens
of Other Socialist Federal Republic of Yugoslavia Successor States. The
Government determined that ``erased'' persons who had left the country
or were expelled while their status was undecided had forfeited their
ability to prove continued ties to Slovenia and thus their ability to
establish residency under the law. The law does not address the
citizenship status of the ``erased.''
There were no reports of violence or discrimination against
stateless persons.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens exercised this right in
practice through periodic, free, and fair elections based on universal
suffrage.

Elections and Political Participation.--On October 10, the country
held free and fair local elections.
Political parties operated without restriction or outside
interference.
There were 12 women in the 90-seat National Assembly and one woman
in the 40-seat National Council. There were five women in the 18-member
cabinet.
There were two members of minority groups in the National Assembly
and none in the National Council or in the cabinet. The constitution
provides the indigenous Italian and Hungarian minorities the right, as
communities, to have at least one representative in the National
Assembly. However, the law does not provide such rights to any other
minority group.
Twenty distinct Romani communities, each designated indigenous at
the local level, are entitled to a seat on their local municipal
council. After four years of noncompliance, in January, Grosuplje
became the final municipality in the country to comply with the law,
electing a Roma to the city council.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented these laws effectively; however,
officials sometimes engaged in corrupt practices.
The public perceived corruption to be a widespread problem. Only
the highest-level government officials--approximately 5,000 of the
country's 80,000 public employees--were subject to financial disclosure
laws. During the year the Independent Commission for the Prevention of
Corruption received 1,271 cases of suspected corruption and found 266
out of the 824 cases they reviewed during the year to be credible (some
of the 824 will likely have been cases from earlier years).
At year's end the investigation continued of several officials,
including former prime minister Janez Jansa, former minister of defense
Karl Erjavec, former chief of the military staff Albin Gutman, and
private individuals in Finland and Slovenia for corruption related to
the 2007 Ministry of Defense purchase of armored vehicles from a
Finnish defense contractor.
The commission played an active role in educating the public and
civil servants about corruption; however, it claimed it had neither
adequate staff nor funding to fulfill its mandate and assess all cases
of suspected corruption that it received during the year. Over the past
year the commission forwarded 211suspected cases of corruption to
police and 38 to prosecutors and 79 cases to other state institutions,
including cases received in 2009 but not processed until during the
year.
During the year the Independent Commission for the Prevention of
Corruption referred five credible reports of police corruption or
corruption-related criminal acts to police and the state prosecutor for
further investigation. Three of them were found to be without
sufficient grounds, one was forwarded to the Supreme State Prosecutor,
and one remained under investigation by police. There were allegations
of prosecutorial corruption relating to the investigation into bribery
in an arms procurement case.
The law provides for free public access to all government
information, and the Government provided access for citizens and
noncitizens alike, including foreign media. The Government may deny
public access only to classified information, personal data protected
by privacy laws, and other narrowly defined exceptions.
The Office of the Government Information Commissioner reported an
increase in complaints that state institutions were unresponsive.
During the year the office received 231 complaints against decisions of
state institutions and 360 complaints under the Law on Access to Public
Information.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
generally were cooperative and responsive to their views.
The constitution provides for an independent human rights ombudsman
to monitor violations of human rights, especially when perpetrated by
persons in positions of public authority. The ombudsman prepares an
annual report on the human rights situation and provides the Government
with recommendations. Individuals can file complaints with the
ombudsman as a means of seeking nonjudicial aid in the case of a human
rights violation. In July the ombudsman presented the 2009 report to
the president and prime minister.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibit discrimination based on race,
gender, disability, language, or social status, and the Government
generally enforced these prohibitions effectively.

Women.--Rape, including spousal rape, is illegal. During the year
SOS Helpline, a nongovernmental organization (NGO) that provided
anonymous emergency counseling and services to domestic violence
victims, estimated that one in seven women was raped during her
lifetime but that only 5 percent sought assistance or counseling. In
particular, victims rarely reported spousal rape to authorities. Police
actively investigated reports of rape and prosecuted offenders. The
penalty for rape was one to 10 years in prison. There were 35 reported
criminal acts of rape in the first half of the year, 40 reported
criminal acts of sexual violence, 14 reported criminal acts of sexual
abuse of the weak, and 149 criminal acts of sexual attack on a minor
under the age of 15.
Although no accurate statistics were available, violence against
women, including spousal abuse, occurred and was generally
underreported. In the first half of the year, the police processed
3,422 cases of criminal acts against a spouse, a family member, and
children (170 cases of kidnapping of minors, 1,337 cases of domestic
violence, and 390 cases of parental negligence and child abuse). Police
reported an increase in criminal acts of domestic violence, parental
negligence, and child abuse, mainly due to changes in the law and
improved expertise in responsible institutions. There were no laws
specifically prohibiting domestic violence, however, and authorities
prosecuted the crime using assault statutes, which provide for
penalties of up to 10 years' imprisonment in the case of aggravated and
grievous bodily harm.
SOS Helpline estimated that 25 percent of women had experienced
domestic violence. The NGOs SOS Helpline and Kljuc provided support
hotlines, and SOS Helpline reported receiving 3,417 calls during the
year. The Government fully funded eight crisis centers for children and
adolescents with a total of 68 beds, with one of those centers
specializing in children who were six years old or less. The Government
also partially funded 29 shelters, safe houses, and maternity homes
that offered 397 beds. Shelters, safe houses, and crisis centers
specifically for women and children provided 258 beds in 19 locations,
and maternity homes provided 139 beds in 10 locations. The Government
worked with NGOs on domestic violence cases, including providing
shelters and social work centers. When police received reports of
spousal abuse or violence, they generally intervened and prosecuted
offenders. The police academy offered training on domestic violence.
The law prohibits sexual harassment in the entire workforce;
however, it remained a widespread problem. Until the end of September,
16 criminal acts of sexual harassment were reported.
Couples and individuals have the right to decide freely and
responsibly the number, spacing, and timing of their children. They
also have the information and means to do so free from discrimination,
coercion, and violence. There was access at no cost to contraception
and to skilled attendance during childbirth, including essential
obstetric and postpartum care. The UN Population Fund estimated the
2008 maternal mortality rate at 18 deaths per 100,000 live births.
Women were equally diagnosed and treated for sexually transmitted
infections, including HIV.
The law provides for equal rights for women, and there is no
official discrimination against women in family law, property law, or
the judicial system. The Office of Equal Opportunities protected the
legal rights of women. While the average length of unemployment was the
same for men and women, women frequently held lower paying jobs.
Women's earnings averaged 93 percent of those of men.

Children.--Citizenship is derived from the parents with certain
limitations. A child is granted Republic of Slovenia citizenship by
birth provided that, upon birth, the child's mother and father are
Slovenian citizens, upon birth, one of the child's parents is a
Slovenian citizen and the child is born on the territory of the
Republic of Slovenia, or upon birth, one of the child's parents is a
Slovenian citizen while the other parent is unknown and/or of unknown
citizenship, and the child is born in a foreign country. Naturalization
is also possible. There were no reports of problems with immediate
birth registration.
While education for children is compulsory through grade nine,
school attendance and completion rates by Romani children remained low.
Poverty, discrimination, lack of parental and familial permission or
support, and language problems continued to be the main barriers to the
participation of Romani children in education programs. AI reported
that the Romani literacy rate was 10 percent. A number of Roma reported
that their children attended segregated classes and that authorities
selected them in disproportionate numbers to attend classes for
students with special needs. The European Social Fund, working through
the Ministry of Education, continued a program to fund 26 Romani
educators to work with teachers and parents.
During the year the Government implemented a bilingual primary
school curriculum for Romani children developed in 2008. The Government
continued funding efforts to codify the Romani language.
Child abuse was a problem. During the year 201 criminal acts of
sexual abuse of a child under the age of 15 were reported to
authorities.
Child marriage occurred within the Romani community; however, it
was not a widespread problem.
Trafficking in children, mainly teenage girls transiting the
country, was a problem. The law provides special protection for
children from exploitation and mistreatment, and the Government
generally enforced the law in practice.
The law penalizes the possession, sale, purchase, or propagation of
child pornography. The law criminalizes statutory rape with a sentence
of six months to five years, and sets the minimum age of consent for
sexual relations at 15. If the victim is determined to be especially
vulnerable, the sentence is set at a minimum of three years with no
maximum. If the perpetrator is a teacher, the penalty is from one to
eight years in prison.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--There are approximately 300 Jews in the country.
Jewish community representatives reported some prejudice, ignorance,
and false stereotypes of Jews propagated within society, largely
through public discourse. There were no reports of anti-Semitic
violence or overt discrimination.
The Government promoted antibias and tolerance education in the
primary and secondary schools, and the Holocaust is a mandatory topic
in the contemporary history curriculum. On January 27, Prime Minister
Pahor attended ``Shoah-We Remember,'' a memorial held in the country's
only synagogue, which is located in Maribor. On September 5, the Jewish
community, with the support of local government officials, held the
fifth annual European Day of Jewish Culture festival. President Turk
was the honorary patron for the celebrations held in Ljubljana,
Maribor, and Lendava.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

National/Racial/Ethnic Minorities.--The law provides special rights
and protections to indigenous Italian and Hungarian minorities,
including the right to use their own national symbols and access to
bilingual education. Each minority has the right for each to be
represented as a community in parliament. Other minorities do not have
comparable special rights and protections.
The Government considered ethnic Serbs, Croats, Bosnians, Kosovo
Albanians, and Roma from Kosovo and Albania to be ``new'' minorities,
and the special constitutional provisions for ``autochthonous''
(indigenous) minorities did not apply to them. The new minorities faced
varying degrees of governmental and societal discrimination with
respect to employment, housing, and education.
Many Roma lived apart from other communities in settlements that
lacked such basic utilities as electricity, running water, sanitation,
and access to transportation. According to Roma Association officials,
68 percent of Romani settlements were illegal. Organizations monitoring
conditions in the Romani community have noted in recent years that Roma
exclusion from the housing market was a problem and that the
unemployment rate among Roma reached 98 percent, and that illiteracy
rates among Roma remain at 90 percent.
In March the Government enacted a five-year national program of
measures to improve educational opportunities, employment, and housing
for the Roma. NGOs and community group representatives reported some
prejudice, ignorance, and false stereotypes of Roma propagated within
society, largely through public discourse. AI and the Roma Council
reported that public school officials in Novo Mesto required Romani
students to shower, using school facilities before classes, subjecting
them to ridicule and humiliation.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law prohibits
discrimination based on sexual orientation; however, societal
discrimination was widespread, and isolated cases of violence against
homosexual persons occurred. Recent data on the problem's scope was not
available. The NGO Society for the Integration of Homosexuals also
reported that the police did not specify whether crimes were directed
at homosexual persons, so hate crime data was unavailable.
On July 3, the 10th annual gay pride parade in Ljubljana took place
with the support of local government officials, although there were
reports that bystanders shouted homophobic slurs at participants and
antigay graffiti and stickers were seen in various locations around the
city. Organizers reported satisfactory police presence during the
parade. One individual was assaulted prior to last year's gay pride
parade, and in March three individuals were sentenced to 18 months in
prison for the attack. At that sentencing, about 100 people in black
masks gathered in front of the Ljubljana District Court to protest the
``excessive punishment'' of the attackers. The victim of the assault
stated that the protesters were not friends of the accused, but rather
associates of the extreme right.

Other Societal Violence or Discrimination.--There were no reports
of societal violence or discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law allows workers to form and
join unions of their choice without previous authorization or excessive
requirements, and workers exercised this right in practice.
All workers, including police and military personnel, are eligible
to form and join labor organizations. Approximately 30 percent of the
workforce was unionized.
The law provides for the right to strike without government
interference, and workers exercised this right in practice. The law
prohibits retaliation against strikers, and the Government effectively
enforced this provision in practice.
The law restricts the right of some public sector employees to
strike, primarily the police and members of the military services, and
provides for arbitration to ensure due process and protection of these
workers' rights.

b. The Right to Organize and Bargain Collectively.--The law allows
unions and workers to conduct their activities without interference,
and the Government protected this right in practice. The law provides
for the right to bargain collectively, and it was freely practiced;
however, the law requires that 10 percent of the workers in an industry
sector be union members before collective bargaining can be applied to
the sector as a whole. Both general collective bargaining agreements
and collective bargaining agreements that focused on a specific
business segment covered all workers.
There were few reports of antiunion discrimination. During the year
workers from the company Salonit Anhovo who became disabled from on-
the-job contact with asbestos established a union, and the company
immediately fired the union's first president, Stojko Simcic.
There are no special laws or exemptions from regular labor laws in
the country's eight export economic zones and the one free customs zone
at the port of Koper.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor; however, there were reports that such
practices occurred. Women were trafficked for forced prostitution.
Please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws to protect children from exploitation in the workplace;
the Government effectively enforced these laws.
The minimum age for employment is 15; however, younger rural
children often worked during the harvest season and performed other
farm chores. The law limits working hours and sets occupational health
and safety standards for children; the Government effectively enforced
these provisions in practice. Urban employers generally respected the
age limits.
The Ministry of Labor, Family, and Social Affairs is responsible
for monitoring labor practices and has inspection authority; police are
responsible for investigating violations of the law. Enforcement
practices were generally effective.

e. Acceptable Conditions of Work.--The national monthly gross
minimum wage of approximately 734 euros ($984) provided a decent
standard of living for a worker and family. From September 27 to
October 13, public employees, including police, held a strike to
protest the salary freeze that the Government introduced.
The law limits the workweek to 40 hours and provides for minimum
annual leave of 20 days and a mandatory rest period of at least one day
per week. Collective agreements regulated premium pay for overtime and
were not standardized. The law limits maximum overtime to eight hours
per week, 20 hours per month, and 170 hours per year. The Ministry of
Labor, Family, and Social Affairs is responsible for monitoring labor
practices and has inspection authority; police are responsible for
investigating violations of the law. Authorities enforced the laws
effectively, except in some cases involving migrant workers.
According to a complaint filed by the Association of Free Trade
Unions of Slovenia (AFTUS) with the International Labor Organization
(ILO) Committee of Experts, migrant workers were often orally notified
to perform forced and excessive overtime in violation of labor law
provisions limiting overtime and specifying methods to formally request
it. The AFTUS also noted that foreign nationals in the country on
employment permits were made more vulnerable to exploitation in terms
of overtime, wages, rest periods, and annual leave by virtue of being
tied to the employer who provided the permit.
According to the ILO's 2010 Report, inspectors also found numerous
violations of the law with respect to migrant workers, especially in
the construction industry, which employed approximately 50 percent of
such workers. These workers came primarily from Bosnia and Herzegovina,
Serbia, and Montenegro. Violations included the practice of employers'
illegally trading foreign workers who were in the country on the basis
of employment permits. The ILO and AFTUS also raised concerns that some
migrant workers, especially seasonal laborers, lived in substandard
housing conditions segregated from the national population and lacking
minimum standards, in violation of the 2007 Principle of Equal
Treatment Act.
The law requires employers to provide social security payments for
all workers. The Legal Aid Society reported that employers of migrant
workers sometimes did not deduct social security from paychecks,
leaving unknowing workers without a future pension or access to social
services.
Special commissions under the Ministry of Health and the Ministry
of Labor, Family, and Social Affairs set standards for occupational
health and safety for all workers. The ministry's Inspector General
Department conducted more than 18,053 inspections in 2009, with 9,690
enforcement actions, including fines, prosecutions, and resolution of
conditions resulting from those inspections. Workers had the legal
right to remove themselves from dangerous work situations without
jeopardy to their continued employment, and authorities effectively
enforced this right.

__________

SPAIN

The Kingdom of Spain, with a population of approximately 47
million, is a parliamentary democracy headed by a constitutional
monarch. The country has a bicameral parliament: the General Courts or
National Assembly, consisting of the Congress of Deputies (lower
house), and the Senate (upper house). The head of the largest political
party or coalition was usually named to head the Government as
president of the Council of Ministers, the equivalent of a prime
minister. The national election held in 2008 was free and fair. The
Spanish Socialist Workers Party (PSOE) won the multiparty election, and
Jose Luis Rodriguez Zapatero was reelected president. Security forces
reported to civilian authorities.
There were some reports that security forces abused suspects and
mistreated migrant children in detention centers. Prisons were
overcrowded, and authorities delayed legal assistance and the
arraignment of arrested persons before a judge. Government corruption
occurred, particularly at the provincial and municipal levels. Domestic
violence, trafficking in persons, and societal discrimination against
Muslim groups were reported. Jewish groups reported isolated acts of
vandalism and anti-Semitism, and there were incidents of societal
violence against other minorities.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.
On March 16, the Basque separatist terrorist group ETA killed one
person in an attack in a small town outside Paris, France. During the
year authorities arrested 58 ETA members as well as seven persons
allegedly involved in ETA's street violence campaign. In addition, 22
members were arrested in France and eight in other countries. The
Office of the General Prosecutor reported that during 2009 there were
49 trials of persons directly or indirectly related to ETA. Courts
handed down 49 sentences that affected 113 persons, 86 of whom were
convicted and 27 acquitted.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and laws prohibit such practices, and the
Government generally respected this prohibition; however, there were
reports of police mistreatment and impunity.
The Coordinator for the Prevention of Torture (a group of Spanish
human rights nongovernmental organizations (NGOs), universities, and
bar associations) reported that in 2009 there were 242 reports of
torture or mistreatment involving 624 complainants, up from 520
complainants in 2008. According to the group, 64 of the complaints
involved cases against local police authorities; 43 against the
national Guardia Civil; 197 against the national police authorities;
190 against the Catalonia local police, the Mossos d'Esquadra; 46
against the Ertzaintza (Basque authorities); and 65 against prison
staff. The autonomous regions with the highest number of complaints
were Catalonia (215), Basque Country (104), Madrid (103), Andaluc!a
(81), Galicia (47), and Valencia (34). The number of reports involving
the Mossos d'Esquadra increased from 45 in 2008 to 190 in 2009.The
majority of these complaints were related to student demonstrations in
Barcelona in May 2009, when police clashed with students and others
over plans to increase tuition and enact new higher education
legislation. The 215 complaints in Catalonia relate to 36 cases.
In February 2009 the Prosecutors' Office initiated an investigation
into allegations of mistreatment brought by 85 persons detained in
Madrid's internment center for foreigners. The detainees complained
that authorities forced them to undress, beat them, and threatened
them. They also claimed that the food served contained sedatives. A
Ministry of Interior spokesman rejected the accusation, stating that
international institutions that had inspected the facilities (including
a delegation of the European Parliament) had approved of the living
conditions.
There were new developments in the case of 15 members of the
Guardia Civil accused of torturing ETA members Igor Portu Juanean and
Martin Sarasola Yarzabal during their arrest in 2008. On December 30,
the San Sebastian Court sentenced four of the Civil Guards--Sargent
Juan Jesus Casas, Corporal Jose Manuel Escamilla, Corporal Sergio
Martinez, and agent Sergio Garcia--to a total of 11 years in prison
between them and prohibited them from serving in a public position for
40 years. The court acquitted the other 11 defendants. The court
ordered the Civil Guard to pay 18,000 euros (approximately $24,120) in
compensation to Portu and 6,000 euros ($8,040) to Sarasola.
On July 26, the Supreme Court annulled the original sentence
against four Catalan police officers who allegedly assaulted a detainee
in 2007. In 2009 the Barcelona court found that the officers had not
mistreated the complainant or perjured themselves, as the prosecutor
claimed, but did find them guilty of using excessive force. Three of
the officers were fined 600 euros each (approximately $800) and ordered
to compensate the complainant 1,610 euros ($2,160). The Supreme Court
accepted the appeal by the Proscecutor's Office and issued a new
sentence that maintained both the 600-euro fine and 1,610-euro
compensation but absolved one of the officers of mistreatment. The
Supreme Court also absolved all four police officers of committing
crimes of moral integrity, torture, and falsifying documents.
According to the 2009 report by the Coordinator for the Prevention
of Torture, there were 624 complaints against security forces and jail
functionaries for abuse of authority, 45 more than in 2008. The report
indicated that in 2009 a total of 11 persons died while in police
custody, 28 died in jail, and two minors died while in detention
centers for youth.

Prison and Detention Center Conditions.--Prison and detention
center conditions met most international standards, and the Government
permitted visits by independent human rights observers.
Prisons were overcrowded, with an overall inmate-per-cell ratio of
approximately 1.7 for cells that were designed for one inmate. During
the year there were six new prison facilities under construction.
According to the 2010 UN Universal Periodic Review of Spain, the
Government budget for renovating and expanding prison facilities
through 2012--involving the construction of 18,000 new cells of
different types in 46 new centers--was 1.6 billion euros ($2.2
billion).
As of October there were a total of 75,503 inmates in prison, of
which 14,751 were in custody while awaiting trial. Approximately eight
percent of the prison population was female. There were four facilities
exclusively for female prisoners. Juveniles (those under the age of 18)
were sent to separate detention centers.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. Authorities permitted prisoners and
detainees to submit complaints to judicial authorities without
censorship and request investigation of credible allegations of
inhumane conditions. In addition, authorities investigated credible
allegations of inhumane conditions and documented the results of such
investigations in a publicly accessible manner. The Government
generally investigated and monitored prison and detention center
conditions.
Between March 3 and May 7, the National Mechanism for the
Prevention of Torture made 54 unannounced inspections to detention
centers throughout the country and reported no irregularities or signs
of mistreatment. Prisoners can file complaints regarding mistreatment
with the national ombudsman, who will investigate complaints but does
not have authority to take corrective measures directly.
On September 24, the minister of interior reported that 5,000
volunteers and 500 nongovernmental organizations (NGOs) were assisting
prison inmates and that 17,500 inmates were enrolled in education
programs, of whom 700 had obtained a university degree.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the armed forces and civil guard, and
the Government has effective mechanisms to investigate and punish abuse
and corruption. There were no reports of impunity involving the
security forces during the year. Police forces include the national
police and the Guardia Civil, both under the authority of the central
government, as well as municipal police and police forces under the
authority of Catalonia and the Basque Country regional governments. All
police forces operated effectively, with isolated reports of
corruption.

Arrest Procedures and Treatment While in Detention.--The law
provides that police may apprehend suspects with probable cause or with
a warrant based on sufficient evidence as determined by a judge. With
certain exceptions, police may not hold a suspect for more than 72
hours without a hearing.
Detainees generally were promptly informed of the charges against
them, and the courts released defendants on bail unless they believed
the defendants might flee or be a threat to public safety. The law
provides detainees the right to consult a lawyer. However, there were
often lengthy delays between the time a detained person first requested
a lawyer and the time the lawyer arrived at the place of detention. The
state provided legal counsel to indigent detainees.
In certain rare instances involving acts of terrorism, the law
allows authorities to detain persons for up to five days prior to
arraignment with the authorization of a judge. In these cases a judge
also may order incommunicado detention for the entire duration of
police custody.
The law stipulates that suspects held incommunicado have the right
to an attorney and medical care, but they are neither allowed to choose
an attorney nor see a physician of their choice. The court-appointed
lawyer is present during police and judicial proceedings, but detainees
do not have the right to confer in private with the lawyer.
In March 2009 the UN special rapporteur on the promotion and
protection of human rights and fundamental freedoms while countering
terrorism expressed concern about incommunicado detention wherein
certain terrorist suspects can be held for up to 13 days prior to
arraignment without the right to confer privately with their attorney
of choice.
During the year the Government continued to implement preventive
measures to safeguard the rights of detainees held incommunicado,
including the application of protocols and continuous video
surveillance in the detention facilities and interrogation rooms.
Lengthy pretrial detention was a problem. As of October
approximately 20.5 percent of the 75,503 persons in prison were
pretrial detainees. Under the law, authorities may not detain suspects
for more than two years before putting them on trial unless a judge
authorizes a further delay, which may extend to four years. In practice
pretrial detention was usually less than one year.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.

Trial Procedures.--The constitution and law provide for the right
to a fair trial, and an independent judiciary generally enforced this
right. Trials are public, and there is a nine-person jury system.
Defendants have the right to be represented by an attorney (at
government expense if indigent), confront witnesses, present witnesses
on their behalf, and have access to government-held evidence.
Defendants enjoy a presumption of innocence and the right to appeal.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Courts Decisions.--In 2009 the European Court
of Human Rights (ECHR) issued 11 judgments that found at least one
violation by the state of the European Convention on Human Rights. The
violations involved the right to a fair trial (five violations), length
of judicial proceedings (three violations), inhuman or degrading
treatment (one violation), no punishment without law (one violation),
right to respect for private and family life (one violation), and
discrimination (one violation).
On September 28, the ECHR ordered the Government to pay 23,000
euros ($30,800) to ETA member Mikel San Argimiro Isasa for not having
undertaken an ``effective investigation'' of the alleged torture he
suffered when arrested in Madrid in 2002 for placing a bomb under a
police car. The court indicated that the state violated article 3
(prohibition of torture) of the European Convention on Human Rights
from a procedural point of view because of the lack of an effective
investigation. The decision also held that the state did not violate
the article from a substantive point of view (i.e., through
mistreatment of San Argimiro) because the court could not establish
that San Argimiro was tortured.
The Government complied with ECHR decisions and paid compensation
ordered by the court. Spanish case law also makes repeated references
to ECHR's case law, and in some instances the Government implemented
new procedures or legislation following an ECHR decision. In response
to an ECHR decision against the Government for unduly lengthy criminal
proceedings, the Government enacted a law in December that allows the
undue length of a criminal proceeding to be cited as a mitigating
circumstance that may reduce a sentence.

Civil Judicial Procedures and Remedies.--An independent and
impartial judiciary exists for civil matters, and there is access to a
court to bring lawsuits seeking damages for a human rights violation.
Violations of human rights can be pursued either criminally or, if
committed by the administration in other than a criminal offense,
administratively. The national ombudsman serves to protect and defend
basic rights and public freedom on behalf of citizens.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, see the 2010 International Religious Freedom Report at
www.state.gov/g/drl//irf/rpt.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees. Potential
asylum seekers were effectively able to exercise their right to
petition authorities. In a 2009 report, however, the national ombudsman
noted that complaints related to irregularities in the handling and
reporting of some deportation cases had not declined significantly.
Asylum seekers are not automatically rejected solely because of
their country of origin. All asylum petitions are reviewed
individually, and there is an established appeals process available to
petitioners.
In practice the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion.
The Asylum and Subsidiary Protection Law provides protection for up
to three years for persons who do not meet the criteria for refugee
status but face dangers such as torture or the death penalty if
returned to their countries of origin. The law includes gender and
sexual orientation as conditions for granting asylum; makes free legal
assistance available to asylum seekers; provides a single process for
both asylum and subsidiary protection (if asylum is denied, subsidiary
protection will be automatically considered); contemplates family
reunification for asylum seekers; allows asylum requests to be accepted
at an embassy or consulate; and provides for the resettlement of
refugees in neighboring countries in some cases.
In 2009 there were 2,999 asylum applications in the country.
According to the Spanish Commission for Refugee Assistance, this figure
represented a 33.6 percent decline from 2008 and was the lowest number
of applications since 1989.
The Ministry of Foreign Affairs runs the Program for Assistance and
Protection of Human Rights Defenders at Risk. Under this program, human
rights defenders who face persecution and death threats can move to the
country for a time period ranging from six months to two years,
depending on the circumstances. During the year the country accepted 22
persons from a variety of countries into the program; for the first
time, two individuals gained entry into the program on account of
defending lesbian, gay, bisexual, and transsexual (LGBT) rights.
There were no reports of restrictions on refugees' access to
employment, health care, housing, education, law enforcement, or
judicial redress. The country does accept refugees for resettlement
from third countries and provides protections with the assistance of
NGOs such as the Spanish Commission for the Assistance to Refugees.
On January 29, the Council of Ministers approved a 2.9 million
euros ($3.9 million) program for 2010-2012 for the resettlement of 75
refugees in Spain. The selection of the refugees for this program will
be handled by the General Directorate of Interior Policy and the
General Directorate for the Integration of Immigrants.
During the year the country received 3,632 undocumented migrants by
boat. This reflected a steady decline in undocumented migrants arriving
in the country, from 13,000 in 2008 and 7,299 in 2009. The number of
illegal immigrants who were deported to their home countries or denied
entry at borders during the year was 30,163, a 20.9 percent decrease
from 2009.
There were problems with the treatment of unaccompanied migrant and
refugee children. On October 1, the UN Committee on the Rights of the
Child released a report asking the Government to improve the conditions
under which unaccompanied minors are either admitted into the country
or deported. With regard to the October 2009 Asylum Law that addresses
special circumstances for the protection of unaccompanied minors, the
committee noted that those circumstances only apply to non-EU minors
and recommended that the Government extend such protection to all
minors, following international standards.
The Government has three emergency centers--La Esperanza, Tegueste,
and Arinaga--on the Canary Islands which housed approximately 276
children. According to a June 2010 Human Rights Watch (HRW) report,
these centers put children at an increased risk of violence and limited
their opportunities for integration into local communities. HRW
identified systemic factors that increase the risk for children in
these three emergency centers: the absence of an occupancy limit for
emergency centers, the lack of confidential complaints mechanisms, and
insufficient monitoring and oversight. The report also noted, however,
that the children in these centers now generally enjoyed access to
education and vocational training opportunities outside the centers and
that emergency centers facilitated children's rapid insertion into
training programs through language classes starting right after their
arrival.
In 2009 there were no unaccompanied children deported to their home
country. In 2008 the Constitutional Court recognized children's right
to defend themselves in court, irrespective of their guardians'
decision.
The Government also provided temporary protection to individuals
who may not qualify as refugees. According to UNHCR statistics for
2009, the country granted refugee status to 179 persons. An additional
162 persons received subsidiary protection.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--In 2008 the Socialist Party
won national elections that were considered free and fair; Jose Luis
Rodriguez Zapatero was elected president of the Council of Ministers.
Governmental power was shared between the central government and 17
regional governments.
Political parties operated without restriction or outside
interference, and linguistic and cultural minorities had representation
and participated in both local and national political parties.
There were 129 women in the 350-seat Congress of Deputies, 83 women
in the 263-seat Senate, and nine women in the 17-member Council of
Ministers.
The Government did not keep statistics on the ethnic composition of
the parliament, but linguistic and cultural minorities were
represented. The Catalan parliament included a member of Moroccan
origin. There were Muslim political parties in the city enclaves of
Ceuta and Melilla in North Africa. Roma had little representation in
government.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented these laws effectively. There were
isolated reports of government corruption during the year.
On July 6, the president of the Popular Party in Alicante, Jose
Joaquin Ripoll, and 10 other persons were arrested for extortion,
influence peddling, fraud, bribery, breach of trust, and concealment.
The trial had not begun by year's end.
On September 27, the trial began for nearly 100 former Marbella
city officials, businessmen, real estate agents, and other defendants
arrested in 2005 on charges of granting illegal building and
construction permits in exchange for bribes. This was the largest
corruption case ever brought to court involving city hall officials.
The constitution provides for an ombudsman who investigates claims
of police abuse. In 2009 the national ombudsman filed 269 ex officio
judicial complaints, up from 253 complaints in 2008. During 2009 the
ombudsman network processed 22,276 complaints, 4,461 of which were
related to matters of justice, defense, and internal affairs.
There were no developments reported during the year in the 2009
case involving a member of the Civil Guard who was charged with money-
laundering activities and involvement with Galician drug-traffickers.
The accused was also suspected of having provided documents from his
post at the Spanish embassy in Morocco to third parties in an attempt
to discredit a criminal judge in A Coruna. While the case was pending,
the Government transferred the officer to the financial department.
In December a counternarcotics and organized crime lieutenant of
the Civil Guard in Malaga was arrested in a counternarcotics operation
conducted by the Civil Guard's Department of Internal Affairs.
Public officials are subject to financial disclosure laws. The
Ministry of Public Administration is responsible for managing and
enforcing the Law of Conflicts of Interest. The Government also has a
code of good governance that applies to all senior government
officials.
The law mandates public access to government information, and the
Government generally granted access to citizens and noncitizens,
including foreign media.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A wide variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
The national ombudsman serves to protect and defend basic rights
and public freedom on behalf of citizens. In 2009 the Ministry of
Equality established the Council for the Promotion of Equal Treatment
and Nondiscrimination due to Racial or Ethnic Origin.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, disability,
language, or social status, and the Government generally enforced it
effectively.

Women.--The law prohibits rape, including spousal rape, and the
Government effectively enforced the law. It also prohibits violence
against women, and independent media and government agencies paid close
attention to gender violence.
According to judicial statistics, during the second quarter of the
year, women filed 34,256 complaints of abuse against their husbands,
male partners, or former partners, an increase of 5.4 percent from the
first quarter. Immigrant women remained the group most vulnerable to
gender violence: although they constituted 11.4 percent of the female
population in the country, they applied for 34 percent of the 9,890
protection orders during the second quarter of the year.
During the year 71 women were murdered as a result of domestic
violence, an increase from 55 in 2009.
The law establishes prison sentences of six months to a year for
domestic violence, threats of violence, or violations of restraining
orders, with longer sentences if serious injuries result. According to
2009 statistics from the General Counsel of the Judicial Power, 80
percent of gender-related cases resulted in a conviction.
More than 50 offices provided legal assistance to victims of
domestic violence, and there were 454 shelters for battered women. A
24-hour toll-free national hotline advised battered women on finding
shelter and other local assistance. As of October the hotline took
calls in Spanish, French, German, Arabic, Bulgarian, Chinese,
Portuguese, Romanian, and Russian. During the first six months of the
year, the hotline received 32,612 calls.
As of October there were 103 specialized courts dealing exclusively
with domestic violence cases, an increase from 83 in 2008.
Female genital mutilation (FGM) is prohibited. In Catalonia the law
requires that a doctor examine immigrants considered to be in danger of
FGM when they travel to and from their countries of origin. Parents
whose children were determined to have been subjected to FGM risked
losing custody. Catalan regional police had procedures to prevent FGM
through the early detection of potential victims, immediate reporting
of possible cases to appropriate authorities, and, when possible,
preventing the travel of potential victims. Catalan regional police
prevented the genital mutilation of 55 girls in 2009 and of additional
21 girls between January and September 2010.
The law prohibits sexual harassment in the workplace; however,
harassment was reported to be a problem.
Couples and individuals decide freely and responsibly the number,
spacing, and timing of their children and enjoy the information and
means to do so free from discrimination, coercion, and violence.
Obstetric and postpartum care is provided under the national health
plan. According to statistics compiled by the World Health Organization
in 2009, there were approximately six maternal deaths per 100,000 live
births in the country. Contraception is easily accessed, including
emergency contraception, which is available without a doctor's
prescription.
Under the law women enjoy the same rights as men, including rights
under family law, property law, and in the judicial system. The Women's
Institute worked to ensure the legal rights of women, combat economic
discrimination, and integrate women into the professional workplace.
The unemployment rate for women (20.6 percent) continued to be higher
than for men (19.7 percent). Discriminatory wage differentials
continued to exist, and women held fewer senior management positions
than men. According to a June 2010 report from the National Statistics
Institute, women in the country earned 21.9 percent less than men.
Access to health care is a fundamental right under the constitution
regardless of gender, and women had equal access to diagnosis and
treatment of sexually transmitted infections, including HIV.

Children.--Citizenship is derived from one's parent. In rare cases
when a child born within the country does not acquire his or her
parents' nationality, the country will grant nationality.
There were reports of child abuse. According to the Ministry of
Equality, approximately 800,000 children were victims of domestic
violence, either as witnesses or as direct victims. During the year 15
children were murdered, four of them as a result of gender-related
violence.
In February 2009 the national ombudsman issued a report on the
mistreatment of children in protection centers for migrant children.
Although there is no unified registry on the mistreatment of children
in the country, data provided by the autonomous regions suggested that
between 15 percent and 18.5 percent of children had been mistreated in
the various centers. The ombudsman asserted that many of these centers
violated children's rights and reported incidents of tying up children
and prohibiting their attendance at school or recreation. The report
indicated that many institutions practiced isolation measures and that
75 percent of the institutions administered drugs to minors to
alleviate agitation. There were reports of children being forced to
undress for authorities without sufficient justification. Children in
detention centers complained that they were not allowed sufficient
visits from family members and that calls they received were not
private. After visiting 27 of the 58 centers in the country, the
ombudsman pointed to a lack of staff training and insufficient salary
as key factors contributing to the alleged mistreatment.
Following the ombudsman's report, the Ministry of Education
announced that it would work with the autonomous regions throughout the
country to draft a common set of regulations for the centers, since
enforcement is the responsibility of the regional government.
Trafficking of teenage girls for commercial sexual exploitation
remained a problem. The minimum age for consensual sex in the country
is 13. If deceit is used in gaining the consent of a minor under the
age of 16, an individual can be charged upon parental complaint. The
law specifically provides that an individual who, by use of deceit,
commits sexual abuse against a person over the age of 13 but under 16
will be punished with imprisonment for one to two years or an
equivalent fine. Nonconsensual sexual abuse is defined as sexual acts
committed against persons under 13 years, unconscious persons, or
mentally ill persons.
The law prohibits child pornography. The penal code criminalizes
both using a minor ``to prepare any type of pornography material'' and
producing, selling, distributing, displaying, or facilitating the
production, sale, dissemination, or exhibition, of ``any type'' of
child pornography by ``any means.'' Knowingly possessing child
pornography is also penalized, carrying a potential prison sentence of
up to one year. The penalty for the production, sale, or distribution
of pornography in which a child under 18 years of age has been involved
is imprisonment from one to four years, or up to eight years if the
child is under 13. During the year approximately 320 persons were
arrested for crimes related to child pornography through the Internet
and cell phones.
Penalties for recruiting children or persons with disabilities into
prostitution is imprisonment from one to five years (previously it was
one to four years); if the child is under the age of 13, the term of
imprisonment is four to six years. The same sentence applies to those
who seek child prostitutes. The penalty for pimping children or persons
with disabilities into prostitution is imprisonment from four to six
years and, if the minor is under 13, the term of imprisonment is five
to 10 years. The penalty for recruiting children or persons with
disabilities for child pornography is one to five years' imprisonment;
if the child is under the age of 13, imprisonment is five to nine
years. In addition, individuals who contact children under the age of
13 through the Internet for the purpose of sexual exploitation face
imprisonment of one to three years.
The penal code criminalizes the ``abuse and sexual attack of
minors'' under the age of 13. The penalty for sexual abuse and assault
of children under the age of 13 is imprisonment from two to 15 years,
depending on the nature of the crime.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual on compliance at http://travel.state.gov/abduction/
resources/congressreport/congressreport--4308.html as well as country-
specific information at http://travel.state.gov/abduction/country/
country--3781.html.

Anti-Semitism.--According to Jewish community leaders, while
violence against members of the approximately 48,000-member Jewish
community was rare, anti-Semitic incidents, including graffiti against
Jewish institutions, continued.
On March 1, the media reported that the Israeli Embassy in Madrid
had received letters from elementary school children from various
public schools in Madrid accusing Israel of killing children. Israeli
media accused Spanish schools of inculcating anti-Semitism.
In March a Barcelona court sentenced Pedro Varela to a 33-month
prison sentence for distributing materials that justified genocide. He
was also fined 2,880 euros ($3,860) and ordered to destroy all books
and objects seized in his bookstore. These included items such as a
bust of Hitler, a swastika, military hats, pictures, and national
socialist posters. His store sold books that justified political
regimes which sought to destroy a racial group and which despised
Jewish and other minorities.
On June 9, 19 members of the neo-Nazi group Blood and Honor were
found guilty of illicit possession of arms and for inciting hate for
racist and anti-Semitic reasons. As of year's end, they were awaiting
sentencing and the prosecutor was seeking sentences that ranged from
two to five years in prison.
On September 9, as part of an initiative to raise awareness and
promote tolerance, the Government released its first official report on
anti-Semitism in the country. The report outlined findings from its
survey research and highlighted the Government's commitment to combat
anti-Semitism.
On November 22-25, the Ministry of Foreign Affairs and Casa
Sefarad-Israel, in cooperation with Holocaust memorial institutions in
Germany and France and the Spanish General Counsel of Advocates,
organized a seminar for 25 leading Spanish jurists concerning the legal
dimensions of the Holocaust and their implications for the treatment of
legal issues in the present day. The seminar included meetings with
German and French experts as well as Spanish diplomats.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities in employment, education, access to health care, access to
information technology and communication, including social media, and
the provision of other state services, and the Government effectively
enforced these provisions. The law mandates access to buildings for
persons with disabilities, and the Government generally enforced these
provisions; however, levels of assistance and accessibility differed
between regions. The Ministry of Labor and Social Affairs is
responsible for protecting the rights of persons with disabilities.
The law provides for fines for discrimination against disabled
persons of up to one million euros ($1.3 million). In July 2009 the
Government adopted its third plan of action for persons with
disabilities. The program has a 2.5 billion euro ($3.4 billion) budget,
and the funds are used to provide tax-free pensions and job training
for disabled persons, as well as to maintain services and build centers
for the disabled. The plan was intended to further promote the autonomy
of persons with disabilities and supplement the plan of action for
women with disabilities (2005-2008) and the first national
accessibility plan (2004-2012).

National/Racial/Ethnic Minorities.--There were instances of
societal violence and discrimination against members of racial and
ethnic minorities, and the Government undertook efforts to combat the
problem.
During the year the Government-sponsored Network of Centers for
Assisting Victims of Discrimination received 235 complaints of
discrimination, of which 39 percent were from the African community, 20
percent from the Romani community, and 17 percent from the Latin
American community; 24 percent of the complaints were related to
discrimination based on unequal access to goods and services in both
the public and private sector, 22 percent were against security forces,
and 17 percent were related to discrimination in the workplace. The
2010 Raxen Report of the Movement against Intolerance estimated that
there were approximately 4,000 racially motivated crimes in the country
each year and over 200 xenophobic Web sites.
Groups continued to call for the justice system to adequately
address the racial component of crimes. The 2010 European Commission
against Racism and Intolerance (ECRI) report on the country recommended
that the Government improve its monitoring systems by collecting,
tracking, and publishing data on acts of racism and racial
discrimination.
In October the Barcelona prosecutor for hate crimes and
discrimination opened a case against the Popular Party's leader in
Badalona for distributing campaign materials linking ethnic Romani
immigrants to crime and insecurity. The prosecutor opened a similar
investigation against the leader of the anti-immigrant Platform for
Catalonia political party for calling for the expulsion of all Muslims
from the country.
In July the Madrid Court sentenced Roberto Alonso de la Varga to 10
years in prison for a 2007 attack on Miwa Buene, a Congolese citizen,
that left him a paraplegic. The court deemed that racism was an
aggravating circumstance.
Although the Romani population continued to face various forms of
discrimination, there have been improvements.
According to the domestic NGO Fundacion Secretariado Gitano (FSG),
Roma continued to face discrimination in access to employment, housing,
and education. The Romani community, which the FSG estimated to have a
population of 650,000, experienced substantially higher rates of
unemployment, poverty, and illiteracy than the general population.
During the first six months of the year, the Network of Centers
received 47 complaints of discrimination from the Romani population. In
2009 the FSG received 111 complaints of social discrimination from the
Romani population.
According to the 2010 ECRI report, some immigrant and Romani
children experienced discrimination in equal access to education and
the ECRI had received consistent reports of ``ghetto'' schools of
immigrant or Romani children and discriminatory practices in admissions
procedures that enabled publicly funded private schools to pick and
choose students. The report noted that the Government had taken
positive steps to address such discrimination by enacting laws to
regulate and monitor student admissions to public and publicly funded
private schools.
The ECRI's 2010 report on the country stated that 85 percent of
Roma did not complete high school. The FSG annual report in 2009 found
that 70 percent of Roma over the age of 16 were illiterate and only 30
percent of Romani children regularly attended school. To counter this,
the Government agreed on 126 measures to prevent early dropouts.
According to the 2010 ECRI report on Spain, the Government has
addressed the social exclusion of Roma in a largely successful manner,
and Romani organizations reported to the ECRI that the situation of
Roma had improved considerably over the previous 10 years.
Acceder, a program aimed at expanding social inclusion through
labor market integration, promoted equal opportunity for the Romani
population. The program promoted labor-contract employment as an
alternative to self-employment and as a vehicle for building social
inclusion. Approximately 65.5 percent of the 51,173 persons served at
the program's 48 employment centers since 2000 were Roma, and 50
percent were women. More than 36,047 work contracts had been signed.
According to the ECRI's 2010 report, the Government's 2010-12 Plan
for Roma Development, which was aimed at promoting social inclusion,
nondiscrimination, and equal treatment, has an annual budget of 6.5
million euros ($8.7 million).
During the year the Government sponsored the Network of Centers for
Assisting Victims of Discrimination, an initiative that consisted of
eight NGOs representing a wide spectrum of racial and ethnic minorities
in the country. The network provided support services to victims of
discrimination in areas such as education, housing, health, and
employment. Services included access to professionals for legal advice,
filing police reports and lawsuits, mediation, and conciliation.
In 2008 the Government adopted a law creating a human rights plan
of action with 172 measures, many of which related to the abolition of
racism and intolerance. Specific measures called for the adoption and
implementation of a strategy to fight racism and xenophobia,
educational programs for media to combat hostile or discriminatory
perceptions and stereotypes, and collaboration with public and private
media on sensitization to and promotion of human rights. The Government
has completed several of the measures, including the release of a
comprehensive report that is updated yearly, Evolution of Racism and
Xenophobia in Spain, and the publication of the Practical Guide for
Media Professionals: Media Treatment of Immigration Issues.
According to the ECRI's 2010 report, the country continued to
develop initiatives based on the 172 measures adopted in 2008,
including the creation of support resources for victims of
discriminatory, racist, or xenophobic aggression, analysis of citizens'
attitudes toward immigration, public awareness campaigns at regional
and local levels, and training and awareness programs for police.
Abdelhamid Beyuki, the Spanish member of the ECRI, stated that the
Government had taken significant steps to combat racism and xenophobia
and to promote the integration of immigrants. During 2009-2010, the
Government enacted its transnational project, Living Together: European
Citizenship against Racism and Xenophobia.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The lesbian, gay, bisexual,
and transgender (LGBT) community was widely accepted throughout the
country. LGBT organizations were numerous, and there were no reported
impediments to their operation.
From June 25 through July 4, Madrid celebrated Gay Pride,
culminating in a July 3 parade in which more than one million persons
participated in a secure celebration. The parade was authorized by
authorities, and police provided sufficient protection to marchers.

Other Societal Violence or Discrimination.--There were no reports
of major societal violence or discrimination against persons with HIV/
AIDS.
The controversy regarding official language policies continued,
with some persons complaining that policies in Catalonia interfered
with receiving an education in the country's majority language,
Castilian Spanish. Likewise, there were instances of Catalan speakers
raising concerns that the Catalan language was not equally favored.
On December 22, the Supreme Court ruled that Castilian Spanish must
become a ``vehicular language'' or lingua franca in Catalonia's
educational system. The decision involved three separate cases of
Spanish-speaking parents pursuing legal action against the Catalan
education system. The ruling came during the transition to the new
Catalan government. Both the outgoing and incoming administrations
defended the existing education model and maintained that the decision
pertained to three individual cases and that no changes were needed in
Catalan language policies. Catalan leaders in favor of the existing
language-immersion model claimed that students could become equally
proficient in Catalan and Spanish.
On September 14, the Catalan parliament approved a decree that will
require new full-time professors at public and private universities to
take a language examination before they are hired to prove that they
have ``C-level'' (medium-high oral and writing communication level)
proficiency in Catalan. The decree permits universities to exempt full-
time research staff or professors teaching in a foreign language from
the requirement. To prevent the loss of talented professors,
universities can, in some cases, delay the test for up to two years
after the actual date of hire. Some universities and educators
criticized the decree as discriminatory, especially if the language of
instruction is not Catalan.
Section 7. Worker Rights

a. The Right of Association.--The law allows workers, including
foreign and migrant workers, to form and join independent unions of
their choice without previous authorization or excessive requirements,
and workers did so in practice. However, military personnel and
national police forces do not have the right to join unions, and
judges, magistrates, and prosecutors are not free to join the union of
their choice.
Approximately 17.4 percent of the workforce was unionized. The law
allows unions to conduct their activities without interference, and the
Government protected this right in practice. The law provides for the
right to strike, and workers exercised this right by conducting legal
strikes. Any striking union must respect minimum service requirements
negotiated with the respective employer.

b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining, including for all workers in the
public sector except military personnel, and it was freely practiced.
Public sector collective bargaining includes salaries and employment
levels, but the Government retained the right to set these if
negotiations failed. Collective bargaining agreements were widespread
in both the public and private sectors, covering approximately 70
percent of the workforce.
Employers frequently hired new employees under temporary work
contracts. The International Trade Union Confederation (ITUC) stated
that although in theory workers on temporary contracts were covered by
collective bargaining agreements, in practice more and more workers
were individually negotiating directly with employers and managers and
undermining the collective bargaining process. The ITUC further noted
that 63 percent of temporary workers were immigrants.
The law prohibits discrimination by employers against trade union
members and organizers; however, unions contended that employers
practiced discrimination in many cases by refusing to renew the
temporary contracts of workers engaging in union organizing.
There are no special laws or exemptions from regular labor laws in
the three special economic zones in the Canary Islands, Ceuta, and
Melilla.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that children were trafficked for forced begging. Men were also
trafficked for forced labor, mainly in agriculture and construction.
Migrant women and children from Romania and Bulgaria remained
particularly vulnerable to labor exploitation in agriculture and forced
begging. Also see the Department of State's annual Trafficking in
Persons Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies to protect children from exploitation in
the workplace, and these laws were generally enforced. However, there
were reports that children were trafficked for forced begging. Also see
the Department of State's annual Trafficking in Persons Report at
www.state.gov/g/tip.
The statutory minimum age for the employment of children is 16. The
law also prohibits the employment of persons under the age of 18 at
night, for overtime work, or in sectors considered hazardous. The
Ministry of Labor and Social Affairs has primary responsibility for
enforcement of the minimum age law and enforced it effectively in major
industries and the service sector. The ministry had difficulty
enforcing the law on small farms and in family-owned businesses, where
some child labor persisted. Laws prohibiting child labor were enforced
effectively in the special economic zones.

e. Acceptable Conditions of Work.--The national minimum wage of
633.30 euros ($849) per month generally did not provide a decent
standard of living for a worker and family. The Ministry of Labor and
Social Affairs effectively enforced the minimum wage.
The law provides for a 40-hour workweek, with an unbroken rest
period of 36 hours after each 40 hours worked. By law overtime is
restricted to 80 hours per year unless collective bargaining
establishes a different level. Premium pay is required for overtime.
The National Institute of Safety and Health in the Ministry of
Labor and Social Affairs has technical responsibility for developing
labor standards, and the Inspectorate of Labor has responsibility for
enforcing the law through inspections and judicial action when
infractions are found. Unions criticized the Government for devoting
insufficient resources to inspection and enforcement. Workers have the
right to remove themselves from situations that endanger health or
safety without jeopardy to their employment, and authorities
effectively enforced this right; however, employees with short-term
labor contracts generally did not understand that they had such legal
protections.

__________

SWEDEN

The Kingdom of Sweden is a constitutional monarchy with a
multiparty parliamentary form of government. The population is
approximately 9.4 million. Legislative authority rests in the
unicameral parliament (Riksdag). In national elections in September,
voters reelected the center-right coalition led by the Moderate Party
as a minority government. The elections were free and fair. The king is
the largely symbolic head of state. The prime minister is the head of
government and exercises executive authority. Security forces reported
to civilian authorities.
Reported human rights problems included incidents of use of
excessive force by police, extended isolation and restricted exercise
for persons in pretrial detention, government surveillance and
interference, abuse of women and children, incidents of anti-Semitism,
trafficking in persons, and anti-Islamic or xenophobic discrimination
and crimes.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed arbitrary or
unlawful killings.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were reports that police used excessive force.
The national prosecutor's office for police cases received 4,824
reports of misconduct during the year. The reports covered all police
employees, both officers and civilians, and involved incidents that
occurred on active service and outside of work. The majority of the
incidents took place while the police employee was on duty, and 15
percent of the reported cases were accusations that on-duty officers
had used more violence than the situation required.

Prison and Detention Center Conditions.--Prison conditions
generally met international standards, and the Government permitted
visits by independent human rights observers. However, lengthy pretrial
detention was a problem.
Three persons committed suicide while in prison or detention during
the year. In April the Prison and Probation Service opened an internal
investigation into the suicide of an Afghan man in the Gavle detention
center in May 2009. The Council of Europe's Committee for the
Prevention of Torture (CPT) visited the detention center after the
incident and questioned why the person had not been admitted to a
psychiatric clinic.
According to the Prison and Probation Services, prison and
detention centers were meant to hold a maximum of 6,990 prisoners and
detainees. On November 1, the total number of prisoners and detainees
was 6,567, including juvenile and female prisoners.
Restrictive conditions for prisoners held in pretrial custody
remained a problem. According to the Swedish Prison and Probation
Service, in July approximately 45 percent of pretrial detainees were
subject to extended isolation or to restrictions on mail delivery or
exercise. According to authorities they took this step when detainees'
contact with persons outside the detention center could risk destroying
evidence or changing statements, thereby imperiling the ongoing
investigation.
In December the CPT published the report of its visit to the
country in June 2009. During the visit the CPT delegation monitored
conditions in the country's police establishments, prisons, the Swedish
Migration Board, and psychiatric and juvenile establishments. The
report expressed concern about the impact of prolonged periods of
isolation and segregation on the mental health of inmates. For example,
it noted that 62 of the 136 remand prisoners at the Gothenburg Remand
Prison were liable to restrictions, some being subjected to periods of
isolation ranging from six to 18 months. The report stated that the
overwhelming majority of remand prisoners met by the delegation during
its visit had been given no explanation of the reasons for the
restrictions and that many considered the only reason they were
prohibited from contact with their family members was to ``break''
them.
The CPT report also noted that immigration detainees were still
sometimes held in remand prisons, on occasion for lengthy periods of
time, after having been removed from centers operated by the Swedish
Migration Board because of the heightened security risk they presented
to themselves and others. The CPT believed that a prison is, by
definition, not an appropriate place to hold persons who are neither
suspected nor convicted of a crime.
In January the Government's official response to the report stated
that the imposition of restrictions on prisoners is an exceptional
measure rather than the rule.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. Authorities permitted prisoners and
detainees to submit complaints to several judicial authorities without
censorship and to request investigation of credible allegations of
inhumane conditions. Authorities investigated credible allegations of
inhumane conditions and documented the results of such investigations
in a publicly accessible manner. The Government investigated and
monitored prison and detention center conditions.
The justice ombudsman, who worked independently from the
Government, performed 11 prison inspections during the first nine
months of the year. The national Red Cross and church associations may
also visit prisoners, but may not monitor or inspect the prisons. The
justice ombudsman can serve on behalf of prisoners and detainees to
consider such matters as alternatives to incarceration for nonviolent
offenders to alleviate overcrowding; addressing the status and
circumstances of confinement of juvenile offenders; and improving
pretrial detention, bail, and recordkeeping procedures to ensure that
prisoners do not serve beyond the maximum sentence for the charged
offense.
The construction of 500 new detention and prison cells during the
year helped mitigate overcrowding.

d. Arbitrary Arrest or Detention.--The constitution and law
prohibit arbitrary arrest and detention, and the Government generally
observed these prohibitions.

Role of the Police and Security Apparatus.--The national police and
the national criminal police are responsible in practice for law
enforcement and general order within the country. The Security Service
is responsible for national security related to terrorism, extremism,
and espionage. The armed forces are responsible for external security.
The Ministry of Justice provides the funding and the letters of
instruction for police activities, but it does not control how they
perform their work. According to the constitution all branches of the
police are independent authorities. The chancellor of justice, who is a
nonpolitical civil servant appointed by the Government, acts as the
Government's ombudsman in the supervision of the police, and takes
action in cases where the chancellor suspects abuse. In addition, the
Security and Integrity Commission can review the work of the Security
Service upon an individual's request and initiate its own
investigations if the commission suspects that the Security Service has
collected and used personal data wrongfully.
The chancellor of justice decided that the National Police Board
should pay 2,144 kronor and 26,343 kronor (approximately $318 and
$3,899) respectively, based on verdicts regarding wrongful treatment of
personal data and wrongful procedures when sequestering a person's
apartment.
Civilian authorities maintained effective control over the national
police and the Security Service, and government authorities had
effective mechanisms to investigate and punish abuse and corruption.
There were no reports of impunity involving the security forces during
the year.

Arrest Procedures and Treatment While in Detention.--The law
requires warrants issued by duly authorized officials for arrests, and
the Government generally respected this requirement in practice.
Persons can be and are arrested without a warrant if they are caught
committing a crime or if they are suspected of having committed a crime
that is being investigated. A person who is believed to be drunk or
under the influence of drugs and intends to drive any vehicle may be
arrested without a warrant. Police must file charges within six hours
against persons detained for disturbing the public order or considered
dangerous and within 12 hours against those detained on other grounds.
Police may hold a person for questioning for six hours or up to a
maximum of 12 hours if necessary for the investigation. After
questioning, the level of suspicion determines whether the individual
will be arrested or released. A court order is not needed to hold a
person for as long as 12 hours. If a suspect is arrested, the
prosecutor has 24 hours (or three days in exceptional circumstances) to
request continued detention. An arrested suspect must be arraigned
within 48 hours, and initial prosecution must begin within two weeks,
unless extenuating circumstances exist. Authorities generally respected
these requirements.
There is no system of bail; however, courts routinely released
defendants pending trial unless they were considered dangerous or there
was a risk that the suspect would leave the country. Detainees may
retain a lawyer of their choice; in criminal cases, the Government is
obligated to provide an attorney, regardless of the defendant's
financial situation. Detainees are afforded prompt access to lawyers
and to family members. A suspect has a right to legal representation
when the prosecutor requests his detention beyond 24 hours (or three
days in exceptional circumstances). Prompt access to family members can
be influenced by the type of crime that the suspect is accused of
committing. Sometimes a suspect is not allowed any contact with family
members if it could jeopardize the investigation.
Following its visit to the country in June 2009, the CPT delegation
noted that the right of notification of custody was often delayed ``in
the interests of the investigation'' until a person has been remanded
to custody by a court. In its January response, the Government stated
that, under the law, police should notify the close relatives of
persons whom police have apprehended as soon as possible without
detriment to the investigation and with the wishes of the apprehended
person. However, such notice may not be given against the wishes of the
apprehended person without extraordinary reason.
The CPT's report also expressed concern about the situation of
juveniles in police custody, ``who apparently may be questioned without
the presence of their parents or social welfare representatives.'' In
its response, the Government stated that the parent or guardian of a
person less than 18 years of age suspected of an offense for which the
minimum punishment is imprisonment for at least six months is to be
immediately informed and invited to police questioning, unless this
would be detrimental to the inquiry or there are otherwise special
reasons not to do so. According to the National Police Board, there are
few exceptions to this rule.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary, and the Government generally respected
judicial independence in practice.

Trial Procedures.--The constitution provides for the right to a
fair trial, and an independent judiciary generally enforced this right.
Defendants enjoy a presumption of innocence. Trials are generally
public. Juries are used only in cases involving freedom of the press or
freedom of speech. In other cases, judges or court-appointed civilian
representatives make determinations of guilt or innocence. Cases of a
sensitive nature, including those involving children, child
molestation, rape, and national security, may be closed to the public.
The court system distinguishes between civil and criminal cases.
Defendants have the right to be present at their trials and to consult
an attorney in a timely manner. In criminal cases the Government is
obligated to provide a defense attorney. A ``free evidence'' system
allows parties to present in court any evidence, regardless of how it
was acquired. Defendants can confront or question witnesses against
them and present witnesses and evidence on their behalf, and defendants
and their attorneys have access to government-held evidence relevant to
their cases. If convicted, defendants have the right of appeal.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--During the year the
European Court of Human Rights (ECHR) found four violations by the
Government of its obligations under the European Convention on Human
Rights. Of these, two involved the deportation of asylum seekers to
their native countries, and one dealt with due process. In 2009 the
ECHR found one violation, involving denial of the right to a fair
trial, by the Government. According to statistics from the Council of
Europe for 2009, the latest year for which data is available, the
Government complied with one judgment of the ECHR within the six-month
deadline, two after the deadline, and one was late by less than six
months.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. There is no specific court
for human rights violations, and human rights cases are tried in the
general court system. Citizens can appeal to the ECHR in matters
related to the state.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution and law prohibit such actions, and
the Government generally respected these prohibitions in practice.
The National Defense Radio Establishment (FRA) may monitor
international cable traffic with the prior approval of a special court.
Under this law, only government ministries and the armed forces may
commission surveillance from the FRA. During the year courts issued
2,216 permits for wiretapping and camera surveillance, an increase of
44 percent from 2009. The courts denied 11 permit applications.
Section 2. Respect for Civil Liberties, Including:

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedom of assembly and association, and the Government
generally respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution and law provide for
freedom of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to refugees, asylum seekers,
stateless persons, and other persons of concern.
The constitution and law prohibit forced exile, and the Government
did not employ it.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees.
During the year the UNHCR continued to criticize the Government's
lengthy turnaround times for asylum applications and its deportation of
Iraqi refugees.
The Government denied asylum to persons who had transited other
European Union (EU) countries or countries with which it maintained
reciprocal return agreements before arriving in Sweden. It deported
such persons to those countries. In most instances the persons who were
deported had passed through, or had asylum determinations pending in,
other EU countries and were returned in accordance with EU law. The
Government authorized financial repatriation support for asylum seekers
who had been denied residence in the country in the amount of 30,000
kronor ($4,440) per adult and 15,000 kronor ($2,220) per child, with a
maximum of 75,000 kronor ($11,100) per family. During the year the
Government provided repatriation support to 1,422 persons, most of them
of Iraqi origin.
In 2008 the country established a repatriation agreement with Iraq.
During the first nine months of the year, the Government forcibly
repatriated 493 Iraqis. The UN (through the UNHCR) and nongovernmental
organizations such as Amnesty International criticized the country and
the migration minister in connection with the forced repatriations.
In practice, the Government provided some protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion. Asylum seekers can appeal rulings of the Migration Board to
two special migration appeals courts. Unsuccessful asylum seekers could
and did appeal their cases to the ECHR.
During the year the ECHR issued two decisions against the
Government involving its treatment of asylum seekers.
The Migration Board provided temporary protection to 57 individuals
who did not qualify as refugees.

Stateless Persons.--Citizenship is derived from one's parents.
According to UNHCR data, there were 7,758 stateless persons in the
country in 2009, the last year for which data was available. The large
number related to the influx of immigrants and the birth of children to
stateless parents, who remained stateless until one parent acquired
citizenship. The majority of the stateless population came from the
Middle East (the Gaza Strip, the West Bank, Lebanon, Syria, and Iraq)
and Somalia.
Once stateless persons are granted permanent residence, they may
obtain citizenship through the same naturalization process as other
permanent residents. The timeframe for gaining citizenship is generally
four to eight years, depending on the individual's grounds for
residency, ability to establish identity, and lack of a criminal
record.
There is no legal discrimination against stateless persons in
employment, education, housing, health services, marriage or birth
registration, access to courts and judicial procedures, or owning land
or property.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--In the national elections
in September, citizens elected for a second term the center-right
coalition led by the Moderate Party. The coalition did not gain a full
parliamentary majority and is a minority government. The Sweden
Democrats, a political party advocating strict immigration rules,
entered into parliament for the first time, having received 5.7 percent
of the votes and won 20 out of the 349 seats in parliament.
Political parties operated without restrictions or outside
interference.
After the elections in September the number of women in parliament
decreased for the first time since 1991, from 165 to 157. There were 11
women in the 24-member cabinet.
No official statistics on minority representation in government
were available because the law prohibits the Government from holding
information about the racial or ethnic background of its citizens.
However, media reports stated that the number of immigrant
parliamentarians increased in the September elections.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented these laws effectively. A special
unit in the prosecutor's office worked on cases involving corruption.
In September an additional prosecutor was added to the unit, which
initiated 30 investigations during the year, resulting in 28 persons
being prosecuted. Public officials and political parties are subject to
financial disclosure laws.
The constitution and law provide for public access to government
information, and the Government generally granted access in practice to
citizens and noncitizens, including foreign media. The public has the
right of access to government documents unless they are subject to
secrecy laws, according to which information may be withheld if its
release poses a threat to national security or to individual or
corporate privacy.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. At the national level,
the country has seven ombudsmen: four justice ombudsmen; the chancellor
of justice; the children's ombudsman; and the discrimination ombudsman
with responsibility for ethnicity, gender, transsexual identity,
religion, age, sexual orientation, and disabilities. There are normally
ombudsmen down to the municipal level as well. The ombudsmen enjoyed
the Government's cooperation and operated without government or party
interference. They had adequate resources and were generally considered
effective. The children's ombudsman published a report on the
conditions at the country's special child and youth care institutions.
The discrimination ombudsman published three reports, on indicators for
human rights, discrimination in the housing market, and experiences
from discriminations. Government officials often were cooperative and
responsive to the views of the ombudsmen.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution and law prohibits discrimination based on race,
gender, age, disability, language, social status, or sexual
orientation.
On September 30, after the Government amended the country's
antidiscrimination laws, the European Commission ended legal
proceedings against the country for incorrectly implementing EU rules
on equal treatment in employment on the basis of religion, belief,
disability, age, and sexual orientation. The new law against
discrimination merges a scattered number of discrimination laws into
one. It also establishes new grounds for financial compensation.

Women.--Rape, including spousal rape, is illegal, and the
Government enforced the law effectively. The law stipulates more severe
penalties for repeated crimes and for cases in which the perpetrator
had a close relationship to the victim. Penalties range from two to 10
years in prison. The National Council for Crime Prevention (NCCP)
reported 5,860 rapes during the year, compared with 6,084 in 2009.
The NCCP reported approximately 27,200 cases of assault against
women during the year. During the same period, 333 lethal crimes were
reported, but figures confirming how many of these were homicides,
accidents, or natural deaths were not available at the end of the
reporting period. Authorities apprehended and prosecuted abusers in
most cases.
The law provides victims with protection from contact with their
abusers. When necessary, authorities helped victims to protect their
identities or obtain new identities and homes. According to official
statistics, approximately 1,000 persons, mostly women, received such
services. Both national and local governments helped fund volunteer
groups that provided shelter and other assistance for abused women.
Both private and public organizations ran shelters and operated
hotlines.
Official figures showed that 27 percent of girls and women with a
non-Swedish background faced restrictions at home that could be seen as
honor related. In real numbers, this represented approximately 100,000
girls and women. The NCCP determined that the Government's strategy to
deal with men's violence against women overall improved the quality of
the Government's services. Honor-related violence exclusively involved
immigrants from Muslim countries; police concentrated on educating
police officers and prosecutors to increase awareness of the problem
and improve its detection and prevention. During the year county
administration boards used a grant of 36 million kronor ($5.3 million)
from the Ministry for Integration and Gender Equality to work against
honor-related oppression. At year's end there were no reports of the
results of these programs.
The Ministry for Foreign Affairs continued to encourage citizens to
report suspicions of sex tourism to the country's diplomatic missions
abroad. A police criminal investigator was stationed in Bangkok to
provide liaison between Nordic authorities, and police in Laos,
Vietnam, Cambodia, and the Philippines.
The law prohibits sexual harassment, and the Government generally
enforced this law in practice. Employers who do not investigate and
intervene against harassment at work may be liable for damages to the
victim. There are no criminal penalties for this crime.
Couples and individuals have the right to decide freely and
responsibly the number, spacing, and timing of their children and to
have the information and means to do so free from discrimination,
coercion, and violence. There was easy access to contraception.
According to data from the UN Population Fund for 2008, the latest year
for which data is available, 75 percent of the country's women used
some method of birth control, of which 65 percent used modern methods,
including male and female sterilization, IUD, the pill, injectables,
hormonal implants, condoms, and female barrier methods. The maternal
mortality rate was estimated to be five per 100,000 live births. Access
to prenatal care, maternal health services, including skilled
attendance during childbirth, was widely available, as was access to
essential obstetric and postpartum care and family planning practices.
Women were diagnosed and treated for sexually transmitted infections,
including HIV, equally with men.
Women enjoy the same legal rights as men, including rights under
family law, property law, and in the judicial system. Some sectors of
the labor market, including the financial sector and high-ranking
positions in both the public and private sectors, still showed
significant gender disparities in terms of salaries, especially in
male-dominated occupations. Women's salaries averaged approximately 85
percent of men's, adjusting for age, education, and occupational
differences.
The discrimination ombudsman investigated complaints of gender
discrimination in the labor market. Complaints could also be filed with
the courts or with the employer. Labor unions generally mediated in
cases filed with the employer. There were 39 discrimination complaints
related to pregnancy during the year.
In 2009 the Government appointed a committee to promote gender
equality in higher education. With a budget of 60 million kronor ($8.9
million) until the end of the year, the committee focused on combating
gender-based subject choices and reversing the trend toward fewer male
students in higher education. It also addressed gender differences in
terms of study rates, dropout rates, propensity to complete a degree,
career opportunities in research, and representation at executive
levels in higher education. The committee funded 37 projects at
educational institutions in the country. The committee found that
providing educational institutions with qualitative goals for the most
part increased gender equality. Suggestions included a yearly equality
bonus to institutions that demonstrate gender equality and a more
supportive role by the Swedish National Agency for Higher Education in
the field of equality.

Children.--Citizenship is derived from one's parents. Children born
in the country are registered in the tax authority's population
register.
Child abuse was a problem. The NCCP reported 11,530 cases of abuse
of children under the age of 15 during the year, an increase of 4
percent compared with 2009. The NCCP reported 2,530 cases of child rape
of children under the age of 18 during the year, compared with 1,911
reported cases in 2009.
The law prohibits parents or other caretakers from abusing children
mentally or physically. Parents, teachers, and other adults are subject
to prosecution if they physically punish a child, including slapping or
spanking. Children have the right to report such abuses to police. The
usual sentence for such an offense is a fine combined with counseling
and monitoring by social workers. Authorities may remove children from
their homes and place them in foster care. On December 1, the
parliament approved a strategy aimed at strengthening the rights of
children.
The law criminalizes ``contact with children for sexual purposes,''
including Internet contact intended to lead to sexual assault. It
covers children under 15; penalties range from fines to one year in
prison. The minimum age for consensual sex is 15. The law prohibits
child pornography; penalties range from fines to six years in prison.
The law prohibits the repatriation of foreign children if they lack
proper documents to prove their identity and national origin. The
migration board turned children arriving in the country alone over to
social services in their municipality of residence, where a legal
guardian was appointed to assist them. In June the UN Committee on the
Rights of the Child expressed concern over the authorities' failure to
sufficiently consider the best interests of children seeking asylum and
the large number of unaccompanied children disappearing from reception
centers. In November the Government announced it would form a
commission to review the system for dealing with unaccompanied asylum-
seeking children and their housing needs.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html, as well
as country-specific information at http://travel.state.gov/abduction/
country/country--3781.html.

Anti-Semitism.--Leaders of the Jewish community estimated that
there were 20,000 Jews in the country. Several anti-Semitic incidents
were reported in Malmo and Stockholm, including rocks thrown at a
Jewish community center and two bomb threats. In conjunction with the
Gaza flotilla incident on May 31, leaders of the Jewish community
reported that several of its members received threats via e-mail, text
messages, and telephone calls. Anti-Semitic statements increased in
blogs and Internet forums.
In January the regional newspaper, Skanska Dagbladet, ran a series
of articles on the Jewish community in Malmo. In response, Mayor Ilmar
Reepalu reportedly asserted that Malmo's Jews bore part of the
responsibility for the attacks against the community since they failed
to criticize Israel's action in Gaza in 2009 and added, ``We accept
neither anti-Semitism nor Zionism.'' Reepalu subsequently claimed he
was deliberately misquoted. However, on February 21, the British Sunday
Telegraph quoted Reepalu as saying, ``There have been no attacks on
Jews and, if Jews here [in Malmo] want to move to Israel, they are free
to do so.'' Reepalu faced heavy criticism. After meeting with the
Jewish community, Reepalu stated he realized the seriousness of the
situation with hate crimes against Jews in Malmo.
During the year the newspaper Dagens Nyheter reported that
``furious'' Swedish climbers were demanding changes to the names of
rock-climbing routes in the Jarfalla area, some of which bore names
related to Nazis and the Holocaust, such as ``Himmler,''
``Kristallnacht,'' ``Third Reich,'' ``Crematorium,'' and ``Swastika.''
Most of these nicknames were given between 1987 and 2001, but the press
only picked up the story during the year. One of the climbers involved
in the original naming told the press that he picked the name because
he thought the route was ``horrible'' and had to be ``defeated.''
Despite general agreement--including from the Swedish climbing
community--that the names were offensive, the private publishers of the
climbing guide have not yet changed them. By custom, climbers who blaze
routes name them, sometimes leading to highly insensitive monikers
across the world, including in North America.
The Swedish Civil Contingencies Agency cooperated with religious
communities on a national level to promote dialogue and to prevent
conflicts leading to anti-Semitic incidents. In June the NCCP presented
its annual study on hate crimes in 2009, including anti-Semitic, anti-
Islamic, and other religion-related hate crimes. In 2009 there were 591
reports of hate crimes involving religion, of which 250 were anti-
Semitic crimes (42 percent of religion-related hate crimes), up from
159 in 2008. Of the hate crimes involving religion in 2009, 15 percent
reportedly had a white-supremacist motive, an increase of 3percent from
2008.
The NCCP's report stated that crimes against persons and damage of
property/graffiti were the most common offenses related to religion.
The most frequent anti-Semitic crimes were against persons with 130
reported incidents in 2009. According to the report, 28 percent of
anti-Semitic crimes were ideologically motivated. Religious hate crimes
more frequently occurred in religious places or at home. The victim
rarely knew the perpetrator, and the majority of both suspects and
victims were men. By March police completed investigation of 50 percent
of the hate crimes involving religion that were reported during 2008.
Approximately 2percent of these hate crimes were still under
investigation, and police dropped 48 percent for lack of evidence or
failure to meet the standards of a hate crime.
Representatives from the national unit to train police officers to
detect hate crimes visited high schools to raise awareness of hate
crimes and encourage more victims to report abuses. Information for
victims of hate crimes was available in several languages, and
interpreters were provided to facilitate reporting. In March the Skane
police appointed a special investigator for hate crimes in each of the
five subregions within the Skane police district.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits employers from
discriminating against persons with physical, sensory, intellectual,
and mental disabilities in hiring decisions and prohibits universities
from discriminating against students with disabilities in making
admissions decisions. No other specific law prohibits discrimination
against persons with disabilities. The discrimination ombudsman is
responsible for protecting the rights of persons with disabilities.
The law on discrimination does not cover accessibility. Regulations
for new buildings require full accessibility. Similar requirements
exist for some, but not all, public facilities; many buildings and some
means of public transportation remained inaccessible.
The number of reports of discrimination against persons with
disabilities increased during the year. There were 965 reports of
governmental discrimination against persons with disabilities in
employment, education, access to health care, or the provision of other
state services; most of the cases involved lack of access to public
buildings. Difficulty in accessing apartments, restaurants, and bars
generated the most frequent reports of societal discrimination against
persons with disabilities. Many cases were handled by mediation
procedures rather than through formal court hearings.

National/Racial/Ethnic Minorities.--Approximately 1.3 million
persons in the country were foreign-born, with the largest groups
originating from Finland, the former Yugoslavia, Iraq, and Iran.
According to figures from Statistics Sweden, 98,801 persons immigrated
to the country during the year.
In October 2009 the chancellor of justice decided to prosecute a
man for incitement to racial hatred for distributing stickers that
stated, ``Swedish women are being raped. What are you doing about it?''
and portrayed a rapist of foreign origin with a rope around his neck.
On April 13, the chancellor decided not to initiate a pre-
investigation.
Police registered reports of xenophobic crimes, some of which were
related to neo-Nazi or white-power ideology. Police investigated and
the district attorney prosecuted race-related crimes. Official
estimates placed the number of active neo-Nazis and white supremacists
at approximately 1,500. Neo-Nazi groups operated legally, but courts
have held that it is illegal to wear xenophobic symbols or racist
paraphernalia or to display signs and banners with inflammatory symbols
at rallies, since the law prohibits incitement of hatred against ethnic
groups.
Anti-Islamic behavior is a growing problem that affects both Arab
and Somali immigrants. Although nationwide statistics for 2010 were not
yet available, police from Skane, the region in southern Sweden where
many of the anti-Islamic incidents occurred, reported anti-Islamic hate
crimes increased more than 500 percent, from seven in 2009 to 45 in
2010. In 2009, 194 of the hate crimes committed were anti-Islamic
crimes (33 percent of religion-related hate crimes), down from 272 in
2008.
The most frequent anti-Islamic crimes were crimes against persons,
with 129 reported incidents in 2009, and 31 reported cases of agitation
against an ethnic group. According to the report, 1 percent of anti-
Islamic crimes were ideologically motivated.
During the year there were reported shootings of mosques throughout
the country. The Muslim community has reported several of its members
have been verbally harassed, and derogatory graffiti has been found on
mosque walls.
The discrimination ombudsman received 760 complaints regarding
discrimination due to ethnicity during the year.
The Government estimated the Romani population at approximately
50,000. There is a special delegation for Romani problems consisting of
representatives of Romani origin, experts on Romani problems, and
representatives from Romani associations. The delegation worked to
improve the situation of Roma in society and addressed such problems as
social, political, and economic discrimination. In July the delegation
reported that a majority of Roma lived as outcasts, unemployment
reached 80 percent, elementary education was rare, and average life
expectancy was significantly lower than the country's average.
The discrimination ombudsman handled 12 mediation and court cases
involving Roma during the year. On June 14, the discrimination
ombudsman reached a conciliated settlement in a case in which a Romani
woman accused a property owner for ``not wanting Roma to buy apartments
among his properties.'' The woman received 25,000 kronor ($3,700) in
compensation. As of September, authorities had deported at least 38
Roma from the Stockholm region. Civil rights defenders and Council of
Europe Commissioner for Human Rights Thomas Hammarberg, referring to
the poor conditions to which they were forced to return, criticized the
Government and the Migration Board for deporting Roma to Romania and,
in particular, to Kosovo.
The law recognizes Sami (formerly known as Lapps), Swedish Finns,
Tornedal-Finns, Roma, and Jews as national minorities. The Government
supported and protected minority languages by law.

Indigenous People.--The approximately 20,000 Sami in the country
were represented by a 31-member Sami-elected administrative authority
called the Sami parliament. Sami are not represented as a group in the
country's parliament, but as full citizens, they have the right to vote
in the country's elections and to participate in the Government,
including the country's parliament if elected or appointed. The Sami
parliament acts as an advisory body to the Government and has limited
decision-making powers in matters related to preserving the Sami
culture, language, and schooling. The national parliament and
government regulations govern the Sami body's operations.
Longstanding tensions between Sami and the Government over land and
natural resources persisted, as did tensions between Sami and private
landowners over reindeer grazing rights. Certain Sami have grazing and
fishing rights, depending on their tribal history. Sami continued to
press the Government for exclusive access to grazing and fishing,
although the Sami parliament focused more on the preservation of the
Sami culture than on exploitation of natural resources.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--During the year there were
isolated incidents of societal violence and discrimination against
homosexual conduct. For 2009 the NCCP reported 1,090 hate crimes based
on sexual orientation, 1,060 with a homophobic, biphobic, or
heterophobic motive, and 30 with a transphobic motive.
In July the annual weeklong Gay Pride Festival took place in
Stockholm. A government working group promotes equal rights for
lesbian, gay, bisexual, and transgender persons.

Other Societal Violence or Discrimination.--There were no reports
of discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law entitles all workers,
including armed forces and police, to form and join independent unions
of their choice without previous authorization or excessive
requirements, and workers exercised this right in practice. An
estimated 75 percent of the five million-person workforce belonged to
trade unions. The law allows unions to conduct their activities without
interference, and the Government protected this right in practice.
The law also provides for the right to strike as well as for
employers to organize and conduct lockouts; workers and employers
exercised these rights in practice. Public sector employees enjoy the
right to strike, subject to limitations in the collective agreements
protecting the public's immediate health and security.

b. The Right to Organize and Bargain Collectively.--The law
provides for collective bargaining, and workers exercised this right in
practice. Approximately 80 percent of the workforce was covered by
collective bargaining agreements. The law prohibits antiunion
discrimination, and there were few reports that it occurred during the
year.
There are no special laws or exemptions from regular labor laws in
the country's foreign trade zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that such practices occurred. Children were in some cases
forced to beg or commit petty theft. Also see the Department of State's
annual Trafficking in Persons Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws and policies (including those on acceptable working
conditions) to protect children from exploitation in the workplace, and
the Government effectively implemented these laws and policies in
practice. The law permits full-time employment from the age of 16 under
the supervision of local authorities. Employees under the age of 18 may
work only during the daytime and under supervision. Children as young
as 13 may work part time or perform light work with parental
permission. Union representatives, police, and public prosecutors
effectively enforced these restrictions.
Children continued to be trafficked for forced begging and petty
theft. Also see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

e. Acceptable Conditions of Work.--There is no national minimum
wage law. Wages were set by annual collective bargaining agreements.
Nonunion establishments generally observed these contracts as well.
Substantial benefits (for example, childcare) provided by social
welfare entitlement programs assured even the lowest-paid workers and
their families a decent standard of living.
In 2009, following a poor berry season, approximately 200 Thai
seasonal berry pickers returned home with work-related debts incurred
in Thailand. As a result, in January berry pickers were given the same
visa status as other temporary workers, and the regulations surrounding
their employment in Sweden improved. Under the new regulations, the
employer--whether foreign or domestic--must offer conditions of
employment that are on par with the country's collective agreements and
the work must be on such a scale that the workers earn a minimum wage
of 16,372 kronor ($2,423) a month. However, even with the new
regulations, several problems occurred during the year, mostly due to
the failure of foreign companies that provided foreign workers to
Swedish companies on contract to respect the conditions of employment.
In one case involving a domestic employer, a group of Vietnamese
workers locked up five managers in protest of not receiving pay
according to the contract, partly due to a lower supply of berries than
promised by the employer. The Vietnamese workers were not arrested and
were allowed to leave Sweden. In September, due to another poor berry
harvest, many foreign workers allegedly did not earn the money promised
by foreign companies and faced difficulties returning home. The Swedish
Red Cross and other local charities helped some pay for their return
airfare.
The legal standard workweek is 40 hours or less. Both the law and
collective bargaining agreements regulate overtime and rest periods.
The maximum allowable overtime per year is 200 hours. The amount of
overtime compensation was normally regulated by the collective
agreement; it varied by workplace and could also depend on whether the
overtime occurred during the regular workweek, during a weekend, or on
a bank holiday. Payment for overtime could take the form of money or
time. The law requires a minimum period of 36 consecutive hours of
rest, preferably on weekends, during a period of seven days. The law
also provides employees with a minimum of five weeks' paid annual
leave. The Government effectively enforced these standards.
The Work Environment Authority, a government-appointed board,
issued occupational health and safety regulations, and trained union
stewards and safety ombudsmen. Government inspectors monitored them.
Safety ombudsmen have the authority to stop unsafe activity immediately
and call in an inspector. These rules were effectively enforced. In law
and practice, workers can remove themselves from situations that
endangered their health or safety without jeopardizing their
employment.

__________

SWITZERLAND

The Swiss Confederation, population 7.9 million, is a
constitutional republic with a federal structure. Legislative authority
resides in a bicameral parliament (Federal Assembly), consisting of the
Council of States and the National Council. Free and fair elections to
parliament took place in 2007. Parliament chooses the executive
leadership (the Federal Council), which during the year consisted of a
coalition of five parties. Security forces reported to civilian
authorities.
There were reports that police at times used excessive force,
occasionally with impunity. Other human rights problems were lengthy
pretrial detention, instances of societal discrimination against
Muslims, anti-Semitic incidents, violence against women, trafficking in
persons, and discrimination against minorities.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed any politically
motivated killings; however, security forces shot and killed one person
during the year.
On the night of April 18, a group of young men from France stole
three cars in the canton of Fribourg. When the stolen vehicle
approached a police roadblock at high speed, one officer fired seven
shots. Five bullets hit the car killing an 18-year-old passenger. The
investigative judge from Fribourg opened a criminal investigation for
homicide but left open the possibility that the charge might be reduced
to involuntary manslaughter depending on the information developed. The
case was pending at year's end.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution prohibits such practices; however, there
were reports that individual police officers occasionally used
excessive force.
A report published on May 25, by the UN Committee Against Torture
(UNCAT) referred to allegations of police misconduct involving the use
of excessive force against foreigners, especially in asylum detention
centers and during deportation operations. The committee noted that
only a minority of complaints of violence or mistreatment by the police
resulted in prosecutions or charges, and few resulted in compensation
being offered to victims or their families. The UNCAT recommended the
Government ensure that each canton create an independent mechanism
empowered to investigate allegations of police violence.
The UNCAT also noted that the law regulating the use of force by
federal and cantonal police performing duties on behalf of the federal
government does not provide for the presence of human rights observers
or independent physicians during deportation flights. An amendment to
the Foreign National Act to include the creation of an effective forced
return monitoring system as required by the European Community's Return
Directive was scheduled to enter into force on January 1, 2011.
Authorities investigated and prosecuted a number of cases of alleged
mistreatment by police officers.
On October 12, the Federal Court confirmed the verdict of the
cantonal Court of Neuchatel against a police officer for negligent
injury during an August 2007 incident. While arresting a suspect, the
police officer involved applied handcuffs too tightly, causing nerve
damage in the individual's hands. The court fined the police officer
and required him to pay court costs of 4,000 Swiss francs ($4,269).
On October 15, three police officers from Lausanne were acquitted
of charges of abuse of authority, assault, and causing bodily harm by
negligence during a 2008 interrogation of two young men suspected of
having set fire to a police van. One of the men alleged he was
physically accosted, while the second stated he was bitten on the arm
by a police dog and sprayed with pepper spray by a police officer. The
president of the court determined that the police had acted
appropriately and exercised proportionate use of force in the context
of the inquiry. The president stated that the second individual had
created a dangerous situation by not keeping his distance from the
police dog despite clear orders from the police.
In a second trial on December 12, the Lausanne District Court
dropped all charges against five police officers accused of assaulting
and abusing a 16-year-old Eritrean youth in 2006 due to the
complainant's lack of credibility. The court's finding confirmed an
initial January 2009 court decision. The boy charged that police had
originally arrested him for insulting a police officer and later
released him in a wooded area, where one of the officers allegedly
sprayed him with pepper spray.

Prison and Detention Center Conditions.--Prison and detention
center conditions generally met international standards, and the
Government permitted visits by independent human rights observers.
On March 10, a Nigerian asylum applicant who had been denied asylum
died at the Zurich airport while awaiting forcible repatriation to
Nigeria. An ensuing official report concluded that the death was the
result of an existing heart condition and revealed that the asylum
seeker had been on hunger strike for 45 days prior to the deportation.
Following the incident, the Federal Office for Migration suspended all
deportation flights and paid the individual's family 50,000 Swiss
francs ($53,362). Zurich's general prosecutor was investigating the
case at year's end.
On March 11, Skander Vogt, a detainee in the Bochuz Prison in the
canton of Vaud, died of smoke inhalation after setting fire to his
mattress. Transcripts of phone conversations between prison officials,
police, and rescue services published by the media showed that prison
staff delayed intervening until the arrival of special police units. By
the time the special unit opened the door to his cell, Vogt had died.
At the end of the year, an investigative judge closed the independent
investigation due to lack of sufficient evidence of any wrongdoing by
the medical staff, the supervisors, or the prison's director. In
addition to this case, there were isolated suicides in prisons and
detention centers.
During the year 6,181 persons were in prison or detention centers
(31 percent were remanded for custody, 61 percent for convicted crimes,
6percent under compulsory measures in accordance with the federal law
on foreigners, and 2 percent for other reasons). Of the total, 347 were
women (5.6 percent) and 39 were juveniles (0.6 percent).
The occupancy rate of detention facilities was 92.5 percent during
the year; however, prison overcrowding continued to be a serious
problem in such major urban areas as Zurich, Bern, and Geneva. Geneva's
Champ-Dollon Prison was the country's most crowded; designed for a
maximum of 270 occupants, the prison housed 600 during the year.
According to statistics released in 2009 by the Federal Department
of Justice, the number of minors in preventive detention increased by
20 percent between 2005 and 2008. Of the minors in preventive
detention, 998 were males between the ages 15 to 18 years, and 165 were
females. There were also 48 minors under 15.
Prisoners and detainees had reasonable access to visitors and were
permitted to observe and practice their respective religions. They were
allowed to submit complaints to judicial authorities without censorship
and to request investigation of credible allegations of inhumane
conditions. Authorities investigated such allegations.
The penal code states that police authorities may only detain young
offenders for a minimal period but does not explicitly state the
length. It also requires that juvenile offenders be held in reform
schools or separate wings of prisons where they can receive educational
support; however, a study by the Justice Ministry published in 2007
found that during investigative detention juveniles often were held
with adults and kept in prisons rather than reform schools.
In October 2009 the Federal Council appointed an independent 12-
person National Commission for the Prevention of Torture with a mandate
to undertake regular visits and inspections of conditions in prisons
and detention facilities. The commission visited detention centers in
the canton of Valais on May 27 and 28 and the Hindelbank Women's
Detention Center in the canton of Bern on June 11 and 12.
The Government permitted independent monitoring of prison
conditions by local and international human rights groups, the media,
and the International Committee of the Red Cross. There was no
ombudsman at the national level, but a number of cantons instituted
cantonal ombudsmen and mediation bodies, which served on behalf of
prisoners and detainees to address the conditions and circumstances of
their detention.
At the end of August, authorities inaugurated a new wing with 40
cells at the Bellechasse Prison in Fribourg. The canton of Geneva,
whose prisons were the most crowded, began construction of a new penal
institution for the treatment of mental disorders and for confinement
in November 2009. Other projects in Geneva included extension of the
existing Champ-Dollon Prison, which started on November 29, and La
Brenaz Prison. On February 2, the canton of Vaud selected the project
for the construction of a new juvenile prison center in Palezieux,
designed to accommodate offenders from the French-speaking part of the
country, with a scheduled completion date of 2013. Authorities in the
canton of Zurich constructed new prisons for juveniles during the year.

d. Arbitrary Arrest or Detention.--The constitution prohibits
arbitrary arrest and detention, and the Government generally observed
these prohibitions.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over police forces, which the cantons
primarily organized and administered with federal coordination. The
Federal Office of Police, in addition to performing coordination and
analytical functions, can pursue its own investigations under the
supervision of the attorney general in cases of organized crime, money
laundering, and corruption. The Government has effective mechanisms to
investigate and punish abuse; however, in past years there have been
some allegations of impunity.

Arrest Procedures and Treatment While in Detention.--By law
criminal suspects must be apprehended on the basis of warrants issued
by a duly authorized official unless police are responding to a
specific and immediate danger. In most cases authorities may not hold a
suspect longer than 24 hours before presenting him to a prosecutor or
investigating magistrate who must either bring formal charges or order
the detainee's release; however, asylum seekers and other foreigners
without valid documents may be detained up to 96 hours without an
arrest warrant. There is a functioning bail system, and courts granted
release on personal recognizance or bail unless the magistrate believed
the person charged to be dangerous or a flight risk. A suspect may be
denied legal counsel at the time of detention and initial questioning
but has the right to choose and contact an attorney before charges are
brought. The state provides free legal assistance for indigents charged
with crimes for which imprisonment would be a possible punishment.
Access to family members may be restricted to prevent tampering with
evidence, but law enforcement authorities are required to inform close
relatives promptly of the detention.
In some cases, lengthy pretrial detention was a problem. In 2009
approximately one-third of all prisoners were in pretrial detention,
and the average length of such detention was approximately 50 days. All
cases of prolonged pretrial detention are subject to review by higher
judicial authorities. The country's highest court has ruled that
pretrial detention must not exceed the length of the expected sentence
for the crime for which a suspect is charged.

e. Denial of Fair Public Trial.--The constitution provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.

Trial Procedures.--The constitution provides for the right to a
fair trial, and the judiciary generally enforced this right.
Defendants enjoy a presumption of innocence. Trials are public.
Juries are used only in the most serious cases, including murder.
Defendants have the right to be present and to consult with an attorney
in a timely manner, and an attorney is provided at public expense if
defendants face serious criminal charges. Defendants have the right to
confront or question witnesses and to present witnesses and evidence.
They have the right to appeal, ultimately to the highest court, the
Federal Tribunal. Authorities generally respected these rights in
practice and extended them to all citizens.
The military penal code requires that war crimes and violations of
the Geneva Conventions be prosecuted only when defendants have close
ties with the country. Normal civilian rules of evidence and procedure
apply in military trials. The military penal code allows the appeal of
any case, ultimately to the Military Supreme Court. Any licensed
attorney may serve as a military defense counsel, but in most cases,
defendants used attorneys assigned by the courts. Under military law,
the Government pays for defense costs. Civilians charged with revealing
military secrets, such as classified military documents or classified
military locations and installations, may be tried in military courts.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--On June 10, the European
Court of Human Rights (ECHR) ruled that the state had violated Article
5 of the European Convention on Human Rights in the case Borer v.
Switzerland. In 1997 the applicant was sentenced to 11 years in prison
for murder and theft and was ordered to undergo psychotherapeutic
treatment. During his incarceration he demonstrated severe mental
problems and refused psychotherapy. Upon completion of his sentence in
2006, the applicant was kept in detention because of the high risk of
his becoming a repeat offender. The ECHR ruled that the provisional
detention after completion of the applicant's sentence had no specific
legal basis and that authorities had violated the applicant's right to
liberty and security under the European convention.
On June 10, in the case Schwizgebel v. Switzerland, the ECHR ruled
that the refusal to authorize adoption mainly on account of the
applicant's age was not discriminatory. After adopting a first child in
2002, the applicant complained that the authorities prevented her from
adopting a second child because of her age. She claimed that at the age
of 47 she had been subject to discrimination as compared with other
women who were able to give birth. The ECHR ruled that authorities had
considerable discretion to decide on such matters, and that both
domestic legislation and decisions taken seemed to comply with
applicable international law.
On July 7, the ECHR ruled in the case Neulinger and Shuruk v.
Switzerland that the Federal Court violated Article 8 of the European
Convention on Human Rights in ordering the Swiss mother of an abducted
child to return her child to the father in Israel. The court considered
that it was not in the interest of the child to return to Israel, since
the child was well settled in the country.
On July 27, the ECHR ruled that the state had violated the right to
respect for private and family life under the European Convention on
Human Rights in the case of Mengesha Kimfe v. Switzerland. Swiss
authorities refused to assign two rejected female asylum seekers from
Ethiopia to the same cantonal reception center as their husbands so
that the couples could live together until their deportation. Since
Ethiopian authorities denied their return, the couples had been
officially prevented from living together for five years. The court
ordered the country to pay one applicant 846 euros ($1,134) for
pecuniary damages and 5,000 euros ($6,700) for nonpecuniary damages,
and the second applicant 2,330 euros ($3,122) for pecuniary damages,
5,000 euros ($6,700) for nonpecuniary damage, and 526 euros ($705) for
costs and expenses.
On October 28, in the case Schaller-Bossert v. Switzerland, the
ECHR ruled that the applicant was not given the right to a fair hearing
(Article 6) after contesting her termination as a teacher. The court
ordered the country to pay 5,000 euros ($6,700) for nonpecuniary damage
and 8,537 euros ($11,440) to cover costs and expenses of the applicant.
On November 9, the ECHR ruled in the case Losonci Rose and Rose v.
Switzerland that the country had violated Article 14 in conjunction
with Article 8 in refusing to allow the two applicants to keep their
own surnames after their marriage. The court concluded that the rules
in force in the country gave rise to discrimination between binational
couples according to whether the man or the woman had Swiss nationality
and ordered the country to pay the applicants 10,000 euros ($13,400)
for nonpecuniary damage and 4,415 euros ($5,916) for costs and
expenses.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. Citizens have access to a
court to bring lawsuits seeking damages for or cessation of a human
rights violation. Persons who have exhausted domestic courts may also
apply to the ECHR.

Academic Freedom and Cultural Events.--Authorities generally did
not restrict academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The constitution
provides for freedoms of assembly and association, and the Government
generally respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons.--The constitution provides for freedom
of movement within the country, foreign travel, emigration, and
repatriation, and the Government generally respected these rights in
practice. The Government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations
in providing protection and assistance to internally displaced persons,
refugees, returning refugees, asylum seekers, stateless persons, and
other persons of concern.
The constitution prohibits forced exile, and the Government did not
employ it.

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees.
In practice the Government provided protection against expulsion or
return of refugees to countries where their lives or freedom would be
threatened on account of their race, religion, nationality, membership
in a particular social group, or political opinion. The Federal Office
for Migration relied on a list of ``safe countries,'' and would-be
refugees who originated in, or transited, these countries generally
were ineligible to apply for asylum.
Nongovernmental organizations (NGOs) criticized the inclusion in
the ``safe countries'' list of some countries in Eastern Europe and
Africa that they considered not sufficiently stable to justify
automatic rejection. During the year the Government received asylum
requests involving 15,567 persons. Authorities adjudicated 20,690 cases
and granted refugee status or asylum to 3,449 persons.
The Government required asylum applicants to present documentation
verifying their identity within 48 hours of completing their
applications, and authorities refused to process the applications of
asylum seekers who were unable to provide a credible justification for
their lack of acceptable documents or show evidence of persecution.
Authorities could detain uncooperative asylum seekers, subject to
judicial review, for up to six months while adjudicating their
applications. They could detain rejected applicants for up to three
months to ensure their departure or up to 18 months if repatriation
posed special obstacles. They could detain minors between15 and 18
years of age for up to 12 months pending repatriation; however,
rejected asylum seekers generally were not detained, nor were they
removed from the country. They were instructed to leave voluntarily. If
they refused to return voluntarily, they could be forcibly repatriated.
Amnesty International and other NGOs working with refugees
continued to complain that detained asylum seekers often were
effectively denied proper legal representation in deportation cases
because they lacked the financial means to obtain an attorney.
Authorities provided free legal assistance only in cases of serious
criminal offenses. The deportation of asylum seekers is an
administrative, rather than judicial, process.
On November 28, Swiss voters adopted a referendum on the automatic
expulsion of foreigners convicted of serious crimes, including
premeditated homicide, rape, other serious sexual offenses, violence
such as armed robbery, human trafficking, drug trafficking, burglary,
or welfare fraud. Both the federal government and the parliament
recommended that voters reject the initiative. The Justice Ministry
convened a working group that has five years to bring the initiative
into effect in compliance with bilateral agreements with the European
Union and Swiss national and international laws. The Government also
provided temporary protection to individuals who may not qualify as
refugees under the 1951 Convention relating to the Status of Refugees
and its 1967 protocol and provided it to 4,796 persons during the year;
23,471 individuals enjoyed temporary protection status in the country
at the end of the year.
On September 14, the Council of States decided, following the March
3 approval of the National Council, that juvenile undocumented
immigrants would in the future have the right to an apprenticeship in
the country. In March the city of Lausanne opened its job training
programs to four young undocumented migrants who grew up in the
country.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution provides citizens the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation.--In 2007 citizens chose a
new Federal Assembly in free and fair elections. Political parties
operated without restriction or outside interference.
At the end of the year, there were 69 women in the 246-seat Federal
Assembly and four women in the seven-seat Federal Council (cabinet).
The proportion of female representatives in cantonal legislatures
remained 24 percent. Women held approximately one-fifth of the seats in
cantonal executive bodies.
There was one member of an ethnic minority, who was originally from
Angola, in the 200-seat National Council.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented these laws effectively. There were
isolated reports of government corruption during the year.
On October 12, the press reported that the Federal Prosecutor's
Office was investigating several officials of the Federal Office for
the Environment for corruption and malfeasance. The case allegedly
involved two information technology companies that received contracts
valued at over two million Swiss francs ($2.1 million) in the past
three years.
Members of the Federal Assembly must disclose their financial
interests, professional activities, supervisory board or executive body
memberships, and expert or consulting activities every year.
Investigating and prosecuting government corruption is a federal
responsibility. A majority of cantons also require members of cantonal
parliaments to disclose their financial interests. A joint working
group consisting of representatives of various federal government
agencies operated under the leadership of the federal Department of
Foreign Affairs to combat corruption.
The constitution requires the Government to inform the public about
its activities, and government information was available to all persons
living in the country, including foreign media. A transparency law
provides for public access to government documents.
The November 2009 report of the UN Group of Experts on the
Democratic Republic of the Congo (DRC) presented information indicating
that Cronimet Central Africa AG, which was based in Switzerland,
indirectly funded conflict and perpetrators of human rights abuses in
the eastern DRC.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
The Government cooperated with international governmental
organizations and permitted visits by UN and other international
representatives.
There is no national ombudsman. Following the October 2009
recommendation of the UN Human Rights Council, the federal departments
of foreign affairs and justice and police moved on September 3 to
create a Swiss Competence Center for Human Rights. Based on a proposal
submitted by a number of local universities in association with the
Graduate Institute Kurt Boesch, the center was scheduled to begin work
on January 1, 2011, with a mission to strengthen the country's
capacities for implementing human rights by providing information,
advice, tools, and forums for players in the field of human rights.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, gender,
disability, language, or social status. The Government generally
enforced these prohibitions effectively.

Women.--Rape, including spousal rape, is a statutory offense, and
the Government effectively prosecuted those accused of such crimes. In
2009 police recorded 666 instances of rape (compared with 612 in 2008)
and 470 prosecutions (compared with 429 in 2008).
Violence against women was a problem. The Federal Office of Public
Health published a survey in 2008 showing that 80 percent of victims of
domestic violence had suffered previous assaults. Domestic violence is
a statutory offense. A court may order an abusive spouse to leave the
family home as a temporary measure. Stalking is also an offense.
Victims of domestic violence could obtain help, counseling, and legal
assistance from specialized government agencies and NGOs or from nearly
a dozen hotlines sponsored privately or by local, cantonal, and
national authorities. Although women's shelters experienced an average
of 70 percent occupancy, in the cantons of Basel, Bern, and Zurich half
of the applicants for shelter reportedly were turned away, mostly due
to a lack of space or adequate staff for dealing with severely
traumatized individuals. The Interior Ministry's Federal Office for
Equality between Women and Men had a special unit that focuses on
domestic violence. Most cantonal police forces had specially trained
domestic violence units. A majority of cantons also had special
administrative units that coordinated the activities of law enforcement
agencies, prosecutors, and victim assistance groups.
Forced marriage is illegal, but reportedly occurred, mainly in less
integrated immigrant families, making detection and prosecution
difficult. Its extent was unknown.
The law prohibits sexual harassment and facilitates access to legal
remedies for those who claim discrimination or harassment in the
workplace; however, special legal protection against the dismissal of a
claimant is only temporary. Employers failing to take reasonable
measures to prevent sexual harassment are liable for damages equal to
as much as six months' salary.
The Government recognized the basic right of couples and
individuals to decide freely and responsibly the number, spacing, and
timing of their children and to have the information and means to do so
free from discrimination, coercion, and violence. Health clinics and
local health NGOs operated freely in disseminating information on
family planning. There were no restrictions on access to
contraceptives, and these measures were used widely. Compulsory basic
health insurance covers the cost of routine examination during
pregnancy and the costs related to childbirth. According to estimates
compiled by international organizations, there were approximately 10
maternal deaths per 100,000 live births in the country in 2008. Men and
women received equal access to diagnosis and treatment for sexually
transmitted infections, including HIV. There were no legal, social,
cultural, or other barriers limiting access to such services.
Women enjoy the same rights as men under the constitution,
including in family law, property law, and in the judicial system;
however, independent observers claimed that some laws, as interpreted
by the courts, were discriminatory. For example, the Federal Tribunal
ruled that the primary wage earner in a divorce must retain sufficient
income to remain above the poverty level. Since men are the primary
wage earner in most marriages, a household income too low to support
both parties could force the wife and children to resort to public
assistance.
The Federal Office for Equality between Women and Men and the
Federal Commission on Women worked to eliminate both direct and
indirect gender discrimination. Many cantons and some large cities had
equality offices to handle gender issues.
Discrimination against women in the workplace is illegal, but women
disproportionately held jobs with lower levels of responsibility. Women
were promoted less frequently than men were and were less likely to own
or manage businesses.
Under the constitution women and men are entitled to equal pay for
equal work; however, a study published by the Federal Statistics Office
in October showed that in 2008 women's gross salaries in the private
sector were on average more than 19 percent lower than salaries for
men. In the public sector women earned on average 15.5 percent less
than men for the same job. In March 2009 the Government initiated a
five-year project urging companies to review their salary structures to
eliminate the pay gap between men and women.

Children.--Citizenship derives from one's parents, and citizenship
may be derived from a single parent. Child abuse was a problem. In 2009
there were 1,526 reported cases of sexual assault against children,
compared with 3,504 in 2008. Most of the victims were girls younger
than 18 years old, and most abuse took place in the family or the
immediate social environment.
The production, possession, distribution, or downloading from the
Internet of pornography involving children is illegal and carries heavy
fines or a maximum sentence of one year in prison.
With limited exceptions, the law designates 16 years old as the
minimum age of consensual sex. The maximum penalty for statutory rape
is imprisonment for 10 years.
The law does not expressly prohibit prostitution by 16- and 17-
year-old minors under all circumstances, leaving these children
potentially vulnerable to trafficking for commercial sexual
exploitation.
Female genital mutilation (FGM) is illegal but, according to NGOs,
there were reports that the practice occurred in limited numbers. The
UN Children's Fund (UNICEF) estimated that there were nearly 7,000
circumcised women and girls in the country as a result of immigration
from areas where FGM was practiced. During the year UNICEF continued
its efforts to raise awareness of FGM. On December 16, parliament voted
to add a paragraph banning FGM to the criminal code. On November 2, the
State Secretariat for Economic Affairs and the NGO ECPAT Switzerland
launched, in conjunction with private companies and NGOs in Germany and
Austria, a trilateral public awareness campaign for the protection of
children from sexual exploitation in the tourism industry.
A report issued in September 2009 by the NGO Swiss Monitoring Body
for the Rights of Asylum and Alien Law alleged that authorities often
overlooked the needs and well-being of children when implementing the
law. For example, the report indicated that, upon the expulsion of
their parents, some children who had been raised in the country and
were integrated fully into its way of life were forced to move to
countries where they had no connections. The Federal Office of
Migration rejected the assertion, maintaining that government officials
gave careful consideration to cases involving children between the age
of 14 and 17 years who were well integrated into society.
During the year several NGOs expressed concern about reports of
hundreds of unaccompanied foreign minors entering the country annually,
claiming many have disappeared from state care after arrival. Officials
asserted that there had been only a few isolated cases of missing
unaccompanied minors during the year.
For information on international parental child abduction, please
see the Department of State's annual Report on Compliance with the
Hague Convention on the Civil Aspects of International Child Abduction
at http://travel.state.gov/abduction/resources/congressreport/
congressreport--4308.html.

Anti-Semitism.--According to the 2000 census (the most recent
official data available), there were 17,914 members of the Jewish
community, constituting 0.24 percent of the population.
The Geneva-based Intercommunity Center for Coordination Against
anti-Semitism and Defamation recorded 153 anti-Semitic incidents in the
western, French-speaking part of the country in 2009 compared with 96
in 2008. They ranged from verbal and written assaults to offensive
graffiti and acts of vandalism against Jewish property. The Swiss
Federation of Jewish Communities recorded 28 anti-Semitic incidents in
the German-speaking part of the country, compared to 21 incidents in
2008. The federation noted in its annual report that serious incidents
such as violent attacks against Jews and denials of the Holocaust were
very rare in the country.
The law penalizes public incitement to racial hatred or
discrimination, spreading racist ideology, and denying crimes against
humanity. On October 21, a farmer from Sigriswil was fined 3,600 Swiss
francs ($3,842) for having published anti-Semitic conspiracy theories
in a local newspaper.
The country is a member of the Task Force for International
Cooperation on Holocaust Education, Remembrance, and Research.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The constitution and federal law
prohibit discrimination against persons with physical, sensory,
intellectual, and mental disabilities in employment, education, access
to health care, or the provision of other state services or other
areas, and the Government generally enforced the prohibition. The law
mandates access to public buildings and government services for persons
with disabilities, and the Government generally enforced these
provisions in practice.
The Federal Equal Opportunity Office for Persons with Disabilities
promoted awareness of the law and respect for the rights of the
disabled through counseling and financial support for projects to
facilitate their integration in society and the labor market. The
Government continued a pilot project to empower persons with severe
disabilities to live on their own by providing them with additional
funding to pay for assistance in their daily lives.
On the fifth anniversary of the country's Disability Discrimination
Law in December 2009, Egalite Handicap, a local NGO acting on behalf of
persons with disabilities, published a report noting that important
steps toward equality for persons with disabilities had been taken
since the entry into force of the law. At the same time, the report
criticized a number of defects in the fields of construction,
transport, school, professional training, and state services; in
particular, it criticized cantonal differences in access to inclusive
education for children with disabilities.
On September 8, Egalite Handicap filed a complaint against the low-
cost air carrier Easyjet at the Federal Office of Civil Aviation and
the Geneva Civil Court for refusing to transport a man in a wheelchair
without an escort on a flight from Geneva to Berlin in late 2009.

National/Racial/Ethnic Minorities.--Right-wing extremists,
including skinheads, who expressed hostility toward foreigners, ethnic
and religious minorities, and immigrants continued to be publicly
active. Police estimated that the number of extremists remained steady
at approximately 1,200. Statistics gathered by the Foundation against
Racism and anti-Semitism indicated that the total number of reported
incidents against foreigners or minorities was 112 in 2009, compared
with 93 incidents recorded in 2008. These figures included instances of
verbal and written attacks, which were much more frequent than physical
assaults. Many of the violent incidents were clashes between right- and
left-wing extremist groups. Following the November 28 adoption of the
referendum on the automatic expulsion of foreigners convicted of
serious crimes, left-wing protesters caused property damage at
locations used by the conservative Swiss People's Party (SVP).
On August 16, the Federal Commission against Racism released a
report analyzing 2009 feedback from the Consulting Network for Victims
of Racism. According to the report, a significant number of cases of
racism were linked to sociopolitical events, such as the antiminaret
initiative or tensions in the relationship between Switzerland and
Germany. Most victims of racial discrimination were from Central
Europe, but a significant proportion were Swiss citizens. In 2009 the
Consulting Network for Victims of Racism assisted 162 victims of racial
discrimination, compared with 87 victims in 2008.
On June 19, a Swiss soldier showed his friend from Angola his army
rifle in his car in Zurich. After an unknown person reported having
seen two black men with a gun, the police sent an antiterror detachment
and dragged the two men from their car. One police officer reportedly
racially insulted the Angolan man and threatened to beat him. Police
authorities were investigating the incident.
On November 26, a truck driver harassed, threatened, and physically
attacked a woman wearing a headscarf at a gas station in the canton of
Glarus. According to newspaper reports, a similar incident had happened
a year earlier in a local supermarket.
According to the Party of Nationally Oriented Swiss (PNOS), about
100 right-wing extremists participated in the PNOS's annual meeting on
November 13 in Morgarten to celebrate the historical battle of
Morgarten in 1315. After the meeting, most participants attended a
concert of a right-wing extremist band.
The Jenisch are recognized by the Government as a minority group.
While the large majority of the 30,000 to 35,000 Jenisch in the country
lived settled lives, the Roma European Rights Center reported that
representatives of the several thousand who continued to pursue an
itinerant lifestyle had urged the Government to carry out its promises
to create new campsites and parking areas for them in recent years. A
lack of proper camping facilities and transit areas reportedly forced
many Jenisch to occupy land illegally. The federal government allocated
750,000 Swiss francs ($800,000) for measures and projects between 2007
and 2011 to improve living conditions for the Jenisch.
On June 24, the Federal Commission against Racism expressed concern
about the increase in hostile attitudes against Roma and urged the
cantons and municipalities to create new campsites and parking areas to
eliminate any systemic discrimination against them.
On June 6, a group of Roma attempted to set up a camp with about 60
cars near a highway exit in the canton of Fribourg. The landowner, who
was also president of the municipality and a member of the canton's
grand council, claimed the Roma were harassing citizens and causing
damage to the fields. The son of the landowner spread manure on the
field, up to a few meters from the caravan. The Roma chased the man
away threatening him with axes and metal bars.
On June 19, an unidentified person fired two shots at a car
belonging to a Rom in Ticino, destroying its rear window. A few days
later, the president of the local right-wing party Lega dei Ticinesi
stated that Roma should be prohibited from camping in Ticino. The
Federal Commission against Racism, the Foundation against Racism and
anti-Semitism, and the Society for Minorities in Switzerland expressed
concern about the incident and condemned the reaction of the Lega
representative.
During the year the Department of the Interior's Federal Service
for Combating Racism sponsored a variety of educational and awareness-
building projects to combat racism, xenophobia, and anti-Semitism.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--There were occasional reports
of societal violence or discrimination based on sexual orientation.
On the occasion of International Day against Homophobia held on May
17, the Swiss gay organization, Pink Cross, reported that homosexual
children from immigrant families, particularly from the Balkans,
Turkey, and the Middle East, suffered heavy reprisals by their
families.
Throughout the year, representatives of the Young Social Democratic
Party and lesbian, gay, bisexual, and transgender (LGBT) organizations
complained that gay men suffered discrimination, as they were not
allowed to donate blood.
On March 2, the Swiss section of Amnesty International filed a
petition to the parliament calling for the gender-based persecution of
LGBT persons to be incorporated into federal law as a category of
persecution qualifying an applicant for asylum in the country.
On June 9, Zurich Pride, a festival for LGBT persons, took place in
Zurich with the same level of security and police presence as many
other large public events in the country.

Other Societal Violence or Discrimination.--There were occasional
reports of discrimination against persons with HIV/AIDS.
Section 7. Worker Rights

a. The Right of Association.--The law permits all workers,
including foreigners, to form and join independent unions of their
choice without previous authorization or excessive requirements, and
workers exercised these rights in practice. Approximately 25 percent of
the workforce was unionized.
The law allows unions to conduct their activities without
interference, and the Government protected this right in practice. The
law provides for the right to strike, and workers exercised this right
by conducting legal strikes. However, collective bargaining agreements
commit the social partners to maintain labor peace, limiting the right
to strike for the duration of the agreement, which is generally several
years. The Government may curtail the right of federal public servants
to strike, but only for reasons of national security or safeguarding
foreign policy interests. Public servants in some cantons and many
municipalities are prohibited from going on strike. There was an
ombudsperson in some cantons.

b. The Right to Organize and Bargain Collectively.--Authorities
effectively enforced the laws protecting collective bargaining.
Collective bargaining agreements covered approximately 50 percent of
the work force.
There were no specific laws against antiunion discrimination and
employer interference. The law does not require employers to offer
reinstatement to an employee who is found to have been dismissed
unjustly. The law provides that a worker found to have been illegally
dismissed is entitled to maximum compensation of up to six months'
wages. Trade union leaders complained that this penalty was
insufficient to deter abusive dismissals of union activists.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that such practices occurred. Women were trafficked for sexual
exploitation and domestic labor; there were isolated reports of
trafficking in children. Trafficked women often were forced into
prostitution; in many cases, they were subjected to physical and sexual
violence, encouraged toward drug addiction, and incarcerated. Many
victims were forced to work in salons or clubs. For information on
trafficking in persons, please see the Department of State's annual
Trafficking in Persons Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
Government effectively enforced laws and policies to protect children
from exploitation in the workplace; however, there were isolated
reports of trafficking of children to beg and commit theft. For
information on trafficking in persons, please see the Department of
State's annual Trafficking in Persons Report at www.state.gov/g/tip.
The minimum age for fulltime employment is 15 years of age.
Children 13 and 14 years of age may be employed in light duties for not
more than nine hours per week during the school year and 15 hours at
other times. The employment of youths between the ages of 15 and 18
years old is also restricted; cantonal inspectorates strictly regulated
these provisions. Children are not permitted to work at night, on
Sundays, or in hazardous conditions.
The Economics Ministry monitored the implementation of child-labor
laws and policies, and cantonal labor inspectorates were responsible
for enforcement. Cantonal labor inspectors effectively inspected
companies to determine whether there were violations of the child labor
laws.

e. Acceptable Conditions of Work.--There is no national minimum
wage, which resulted in relatively low average wages for workers and
employees in the clothing, hospitality, and retail industries. A
majority of the voluntary collective bargaining agreements, reached on
a sector-by-sector basis, contained clauses on minimum compensation,
ranging from 2,200 to 4,200 Swiss francs ($2,348 to $4,482) per month
for unskilled workers and 2,800 to 5,300 Swiss francs ($2,988 to
$5,656) per month for skilled employees. These wages generally provided
a decent standard of living for a worker and family. According to
government statistics published in April 2009, 92 percent of nearly
15,000 employers inspected, including both those participating in
collective agreements and those who reached wage agreements in other
ways, complied with their obligations concerning wages.
The wage differences between local and foreign workers varied
significantly according to their level of skills and their residence
status. Skilled short-term resident foreigners earned approximately
1,235 Swiss francs ($1,318) more per month, and skilled resident
foreigners were paid approximately 2,256 Swiss francs ($2,408) more per
month than their Swiss equivalents. The only exceptions were skilled
cross-border commuters, who earned nearly as much as comparable Swiss
workers. In contrast unskilled resident foreigners earned on a monthly
basis approximately 616 Swiss francs ($657) less, short-term resident
foreigners approximately 1,045 Swiss francs ($1,115) less, and cross-
border commuters approximately 279 Swiss francs (approximately $298)
less than unskilled local employees.
The law sets a maximum 45-hour workweek for blue- and white-collar
workers in industry, services, and retail trades, and a 50-hour
workweek for all other workers. The law prescribes a rest period of 35
consecutive hours plus an additional half-day per week. Premium pay for
overtime must be at least 25 percent; overtime is generally restricted
to two hours per day. Annual overtime is limited by law to 170 hours
for those working 45 hours a week and to 140 hours for those working 50
hours a week. The Government effectively enforced these regulations.
The law contains extensive provisions to protect worker health and
safety. The Economics Ministry and cantonal labor inspectorates
effectively enforced the law. Workers have the right to remove
themselves from work situations that endanger their health or safety
without jeopardy to their continued employment, and the authorities
effectively enforced this right.

__________

TURKEY

Turkey, with a population of approximately 74 million, is a
constitutional republic with a multiparty parliamentary system and a
president with limited powers. The Justice and Development Party (AKP)
formed a parliamentary majority in 2007 under Prime Minister Recep
Tayyip Erdogan. Civilian authorities generally maintained effective
control of the security forces.
There were reports of a number of human rights problems and abuses
in the country. Security forces committed unlawful killings; the number
of arrests and prosecutions in these cases was low compared to the
number of incidents, and convictions remained rare. During the year
human rights organizations reported cases of torture, beatings, and
abuse by security forces. Prison conditions improved but remained poor,
with overcrowding and insufficient staff training. Law enforcement
officials did not always provide detainees immediate access to
attorneys as required by law. There were reports that some officials in
the elected government and state bureaucracy at times made statements
that some observers believed influenced the independence of the
judiciary. The overly close relationship between judges and prosecutors
continued to hinder the right to a fair trial. Excessively long trials
were a problem. The Government limited freedom of expression through
the use of constitutional restrictions and numerous laws. Press freedom
declined during the year. There were limitations on Internet freedom.
Courts and an independent board ordered telecommunications providers to
block access to Web sites on numerous occasions. Violence against
women, including honor killings and rape, remained a widespread
problem. Child marriage persisted, despite laws prohibiting it.
During the year there were some positive developments. On April 11,
the political parties law was amended to allow campaigning in languages
other than Turkish, including Kurdish. On July 25, the Government
amended the antiterror laws to prohibit prosecution of minors under the
laws, reduce punishments for illegal demonstrations and meetings, and
allow for the release of minors who had been previously convicted under
the laws, resulting in the release of hundreds of children from prison.
On September 12, a package of constitutional reforms was passed by a
referendum; it included provisions that changed the composition of the
Constitutional Court and the Supreme Board of Judges and Prosecutors;
allowed appeal of decisions of the Supreme Military Council in civilian
courts; established an ombudsman; and allowed positive discrimination
in favor of women, children, veterans, persons with disabilities, and
the elderly.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--The Government or
its agents did not commit any politically motivated killings; however,
security forces killed some persons during the year.
The domestic nongovernmental organization (NGO) Human Rights
Foundation (HRF) reported that security forces caused the deaths of
several persons during demonstrations.
On May 11, police officer Gultekin Sahin allegedly shot Serzan Kurt
during a demonstration at Mugla University. On May 17, the police
officer was arrested. Kurt died from the wounds on May 19 at a hospital
in Izmir. On August 10, a Mugla court transferred the case to a court
in Eskisehir. The case continued at year's end.
On May 28, the Diyarbakir prosecutor terminated the investigation
into the 2009 death of Aydin Erdem after declaring he was killed by the
terrorist Kurdistan Workers' Party (PKK).
There were no developments in the 2009 deaths of demonstrators
Sinan Aydin, Mahsum Karaoglan, or Mustafa Dag during the year.
There were continuing reports that security forces shot and killed
civilians who refused to obey a warning to stop at checkpoints. The HRF
reported that 29 persons died during the year specifically for refusing
to stop, a decrease from the previous year. However, the Jandarma
reported that there were no such deaths at checkpoints during the year.
On February 7, the HRF said the Jandarma opened fire on a minibus
that failed to obey the warning to stop in Sirnak, killing Hecer Uslu.
No investigation had begun at year's end.
Human rights organizations continued to state that the Government's
failure to clearly delineate in the law appropriate situations for the
use of lethal force contributed to cases of disproportionate use of
force. The Jandarma, however, reported that various laws and
regulations define proportionate use and escalation of force and that
security forces followed those rules when reacting to a situation.
Yahya Menekse died after being run over by an armored police
vehicle during a demonstration in Cizre, Sirnak, in 2008. On July 29,
the first session of the court case for negligence began against the
police officer who was driving the vehicle. The case continued at
year's end.
As of year's end, a criminal case had not been filed in the police
shooting and killing of Zeki Erinc during Nevruz (Kurdish New Year)
celebrations in 2008.
On June 1, a Bakirkoy court convicted 21 of the 60 suspects in the
death of Engin Ceber, who died of a brain hemorrhage in 2008,
reportedly as a result of a beating by security forces during his
detention and later by officials in prison. Four of the officials
received life imprisonment.
The appeal of the Istanbul prosecutor's decision to close the
investigation of seven police officers suspected in the death of
Mustafa Kurkcu in Umraniye prison in 2007 continued at year's end. The
prosecutor requested acquittal for the police officers on July 26. The
investigation also continued at year's end.
Approximate numbers based on reports from the security forces
(military, Jandarma, and Turkish National Police (TNP)) indicated that
25 civilians were killed and 50 were injured in armed clashes related
to the struggle against the terrorist PKK during the year.
Approximately 108 members of the security forces were killed and 244
were injured, and 149 terrorists were killed and five were injured.
Most of the clashes between terrorists and security forces occurred in
the southeast. The number of civilian deaths and injuries decreased
from 2009, while deaths of security forces increased.
According to the Jandarma, land mines killed 13 civilians and
injured 17 during the year. The HRF, however, claimed that land mines
and unattended explosives killed five civilians and injured 31 during
the year.
On several occasions throughout the year, the Turkish government
used military aircraft to attack areas where the PKK, a terrorist
organization, was active in northern Iraq. According to press reports,
one civilian was killed and two others were injured in Iraq by
artillery fire on June 18.

b. Disappearance.--There were no reports of politically motivated
disappearances during the year.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and law prohibit such practices; however,
there were reports that some government officials employed them.
Human rights organizations continued to report cases of torture and
abuse in detention centers and prisons during the year. They alleged
that torture and abuse largely occurred outside of detention centers in
more informal venues where it was harder to document. In its report for
the year, Amnesty International (AI) noted that investigations into
human rights violations by police were largely ineffective and that
instances of bringing officials to justice were rare. The UN Committee
against Torture (UNCAT) stated in its November report that it was
``gravely concerned about numerous, ongoing, and consistent allegations
concerning the use of torture, particularly in unofficial places of
detention.''
The HRF reported that courts investigated allegations of abuse and
torture by security forces during the year. However, they rarely
convicted or punished offenders. Authorities typically allowed officers
accused of abuse to remain on duty during their trials. UNCAT reported
in November that it was ``concerned at the continuing failure of
authorities to conduct effective, prompt and independent investigations
into allegations of torture and ill-treatment.''
In its November progress report, the European Commission (EC)
reported that security forces frequently initiated countercases for
resisting arrest against persons who alleged torture or abuse and that
such cases were often given priority in courts. Domestic human rights
organizations agreed and claimed that this practice had a deterrent
effect on the filing of abuse complaints.
The Prime Ministry's Human Rights Presidency (HRP) received a total
of 3,475 applications based on human rights violations, including
torture, during the year. The HRP attributed the increase in numbers of
applications to a higher level of awareness of HRP's provincial and
subprovincial offices.
According to the domestic NGO Human Rights Association (HRA), there
were 202 reports of torture in the first 11 months of the year, a
substantial decrease from the previous year. The HRF received 319 new
allegations of torture. A number of human rights observers claimed that
only a small percentage of detainees reported torture and abuse because
most feared retaliation or believed that complaining was futile. There
was no data available at year's end from the TNP on alleged torture
cases.
The Council of Europe's Committee for the Prevention of Torture
(CPT) and domestic human rights observers reported in 2008 that
security officials mainly used methods of torture and abuse that did
not leave physical signs, including repeated slapping, cold exposure,
stripping and blindfolding, food or sleep deprivation, threats against
detainees or their family members, dripping water on detainees' heads,
isolation, and mock executions. Human rights activists, attorneys, and
physicians who treated victims stated that because of increased
punishments for torture and abuse, police who engaged in these
practices often did so outside of police detention centers to avoid
detection.
Human rights activists maintained that those arrested for ordinary
crimes were as likely to suffer torture and mistreatment in detention
as those arrested for political offenses such as speaking out against
the Government, although they were less likely to report abuse.
According to a number of human rights groups and press reports,
authorities allegedly tortured some suspects to obtain confessions,
while others, such as transvestites, were regularly subject to abuse by
police on ``moral'' grounds.
On March 5, police officer Gazi Ozuak was acquitted on charges of
torturing theft suspect Zeki Simsek in 2008. Authorities ruled that
videotapes of the incident indicated that police did not bear
responsibility.
On May 8 and December 24, a Bakirkoy court continued the case
against seven police officers for the 2007 shooting and paralysis of
Ferhat Gercek while he was selling Yuruyus, a leftist newspaper.
Gercek's trial for resisting arrest, which carried a possible
punishment of up to 15 years and four months' imprisonment, also
continued at year's end.
Human rights organizations documented cases of prison guards
beating inmates during the year. On January 5, a group of parents of 32
children being held in an Adana prison on terror charges made a press
statement claiming that prison officials beat the children and rubbed
salt in their wounds.
On June 21, according to the HRF, prison officials beat three
inmates at the Tekirdag prison for singing ``Human dignity will
overcome torture.'' One of the inmates filed a criminal complaint
against prison officials on August 24. As of year's end, an
investigation had not begun. After filing the complaint, the three
inmates were each allegedly given more than a month of solitary
confinement.
As of year's end, no action had been taken in the 2008 case of
Derya Bakir, who suffered fractures in both legs due to alleged cruel
treatment by 20 guards when she visited her brother in prison.
As of year's end, no official action had been taken against
officials in Bolu prison for the 2008 beating of Muzaffer Akengin,
Deniz Guzel, and Naif Bal.

Prison and Detention Center Conditions.--Prison facilities remained
inadequate, although conditions generally improved during the year.
Underfunding and overcrowding were the major problems.
The HRF reported 32 deaths of prison inmates and five deaths in
detention through October 10. According to the TNP, two inmates
committed suicide during the year. The Turkish General Staff (TGS)
reported there were no deaths of detainees or convicts in military
prisons during the year.
As of October 27, the Ministry of Justice reported the country had
371 prisons with a designed capacity of 114,220 holding a total of
121,102 inmates, 56,988 of whom were arrestees with ongoing trials. The
TGS reported 25 military prisons with a capacity of 5,300 holding a
total of 767 prisoners, 556 of whom were arrestees with trials in
progress.
According to the Turkish Medical Doctors' Association, prisons were
not adequately staffed with doctors, and psychologists were available
only at some of the largest prisons. Several inmates claimed they were
denied appropriate medical treatment for serious illness. The HRF
reported that 355 arrestees or convicts were denied access to proper
health services during the year.
Foreigners who claimed asylum after being detained by security
forces were held in ``guest houses for foreigners'' operated by the
Foreigners' Department of the TNP. According to the Office of the UN
High Commissioner for Refugees (UNHCR), detained asylum seekers
reported insufficient food and medical attention and overcrowded
conditions.
Detainees and convicts occasionally were held together. Inmates
convicted for nonviolent, speech-related offenses were sometimes held
in high-security prisons.
Juveniles were generally held in separate wards from adults. On
July 25, the Government amended the antiterror laws to prohibit
prosecution of minors under the laws, reduce punishments for illegal
demonstrations and meetings, and allow for the release of minors who
had previously been tried and convicted under the laws. These
amendments resulted in the release during the year of more than 200
minors and persons who had been convicted previously as juveniles. No
data was provided by the Ministry of Justice at year's end as to the
number of juveniles imprisoned in the country.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. Authorities permitted prisoners and
detainees to see a judge once a month. Authorities at times
investigated credible allegations of inhumane conditions but generally
did not document the results of such investigations in a publicly
accessible manner.
In late February and March, members of parliament's Human Rights
Investigation Commission (HRIC) were allowed to visit and observe
military prisons for the first time. The HRIC produced two reports
during the year that found conditions in those prisons satisfactory.
The Government permitted prison visits by representatives of some
international organizations. Domestic human rights organizations and
activists reported that they were not allowed to visit prisons during
the year and that prison-monitoring boards composed of government
officials and private persons were ineffective.
The CPT visited PKK leader Abdullah Ocalan in Imrali prison on
January 26-27. Its report published on July 9 stated that the
conditions of imprisonment for Ocalan had improved compared with 2007.
It also noted improved access to the prison for Ocalan's lawyers and
family members.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention; however, the Government at times did not observe
these prohibitions.

Role of the Police and Security Apparatus.--The TNP, under the
control of the Ministry of Interior, is responsible for security in
large urban areas. The Jandarma, a paramilitary force under the joint
control of the Ministry of Interior and the military, is responsible
for policing rural areas. The Jandarma is also responsible for specific
border sectors where smuggling is common; however, the military had
overall responsibility for border control. In November the EC noted the
Government's February annulment of the secret protocol on Security,
Public Order and Assistance Units (commonly called EMASYA), which
allowed military operations to be carried out without the consent of
civilian authorities.
A civil defense force known as the village guards, concentrated in
the southeast, was less professional and disciplined than other
security forces. The village guards have been accused repeatedly in
past years of drug trafficking, corruption, theft, rape, and other
abuses. Impunity remained a serious problem. During the year the
Government reduced the number of village guards to 45,877 from 47,854
in 2009.
On April 26, a Corum court convicted six persons who were employed
as village guards and reportedly used state-supplied weapons to kill 44
persons at a wedding ceremony in Mardin in May 2009. They received 44
consecutive life sentences. Three other persons received lesser
sentences. Appeals of the convictions continued at year's end.
The TNP and Jandarma received specialized training in a number of
areas, including human rights and counterterrorism. Thousands of
security personnel received human rights training as part of their
ongoing training during the year. According to the Government, the
military emphasized human rights in training for officers and
noncommissioned officers. A total of 32 hours of human rights training
is given to Jandarma officers, noncommissioned officers, and cadets.
The Jandarma reported that three personnel were investigated for
excessive use of force during the year. The investigations were ongoing
at year's end. A total of 68 Jandarma personnel were expelled for
various reasons during the year.
The TNP reported that, as of November, 71 judicial or
administrative investigations were opened against TNP personnel for
excessive use of force or mistreatment. One investigation resulted in a
reprimand, and five resulted in a short-term block on promotions.
Investigations were dropped in 32 incidents because there was ``no need
to punish.'' Investigations continued in 33 incidents at year's end.

Arrest and Detention.--Warrants issued by a prosecutor are required
for arrests unless the suspect is caught in the commission of a crime.
A suspect may be detained for 24 hours, with prosecutorial discretion
to extend the period to 48 hours, excluding transportation time, before
being arraigned by a judge. Suspects must be told of the charges
against them within 24 hours. A suspect cannot, under the law, be held
arbitrarily or secretly. There is a functioning bail system. After
arraignment, the judge may release the accused upon receipt of an
appropriate assurance, such as bail, or order detention if the judge
determines that the accused is likely to flee the jurisdiction or
destroy evidence. The law provides that detainees are entitled to
immediate access to an attorney and to meet and confer with an attorney
at any time. The law requires that the Government provide indigent
detainees with a public attorney in criminal cases where the defendant
requests an attorney. In cases where the potential sentence is greater
than five years, or where the defendant is a child or is disabled, a
defense attorney is appointed even without the defense request.
Detainees were generally allowed prompt access to family members.
However, human rights organizations reported difficulties in helping
families find out whether a relative had been detained because the
Government refused to release such information to the organizations or
the families.
Private attorneys and human rights monitors reported irregular
implementation of these laws, particularly with respect to attorney
access. According to a number of local bar associations, attorney
access for detainees continued to vary widely across the country. In
rural areas, particularly in the southeast, there were more reports of
defendants not having immediate access to an attorney.
Human rights observers noted that in most cases where a defendant
could not afford an attorney, one was provided. However, in terrorism-
related cases an attorney was frequently not provided until after the
suspect had been detained and interrogated by security forces. The HRA
claimed that police often intimidated detainees who asked for
attorneys, for example by telling them a court would assume they were
guilty if they consulted an attorney during detention. Provincial bar
associations continued to face difficulties providing attorneys because
the Government was behind on compensation payments for such work.
By law, police and Jandarma may compel citizens to declare their
identities without any cause.
During the year police routinely detained demonstrators for a few
hours at a time. Police detained more than 1,000 members of the pro-
Kurdish Peace and Democracy Party (BDP) on various occasions. Police
continued to detain and harass members of human rights organizations,
media personnel, and human rights monitors. Police continued to detain
persons on suspicion of ``membership in an illegal organization'' and
for ``promoting terrorist propaganda.''
On October 10, the first session of a case against 151 suspects,
including several elected mayors, political party officials, and human
rights activists, began in Diyarbakir. The suspects were charged in a
7,578-page indictment with disrupting the integrity of the state; being
members and/or administrators of the Kurdish Communities Union (KCK),
the political branch of the terrorist PKK; and assisting and sheltering
a terrorist organization, among other charges. Human Rights Watch
stated that the case raised concerns about the right of individuals to
participate in political activities. The case continued at year's end.
Lengthy arrest periods before a verdict were generally a problem.
The law does not set a time limit for holding suspects in custody or
for completion of their trial. Judges have ordered that some suspects
be held for long periods or even indefinitely without trial but with
the right to come before a judge each month. The Ministry of Justice
reported that the average length of time between arrest and the
completion of trial was 580 days. In November the EC stated that close
to half of all detainees were either awaiting trial or awaiting a final
verdict on their cases. Of juveniles in detention, 88 percent were
awaiting trial.
Throughout the year, prosecutors in Istanbul continued to arrest
and indict prominent military, business, and media personalities on
charges of plotting to foment unrest and topple the elected government
as members of an alleged network known as ``Ergenekon.'' More than 250
persons were indicted by year's end. Some opposition politicians,
members of the press, human rights groups, and critics of the
Government considered many of the indictments to be politically
motivated. Others, including human rights groups and some supporters of
the Government, claimed that the arrests had reduced pressure on
journalists and human rights activists across the country. Dozens of
defendants have been held for long periods, a common practice in the
country, although some were released pending trial during the year.
On December 16, the first session of a trial of 195 suspects in the
alleged ``Sledgehammer'' coup plan began. The suspects, who include
active-duty military generals and civilians, were accused of
obstructing the Government and plotting to overthrow it. The trial
continued at year's end. Many observers saw this trial as politically
motivated, similar to the Ergenekon case, while others saw it as
bringing to justice those who attempted to overthrow the Government.

e. Denial of Fair Public Trial.--The law provides for an
independent judiciary; however, the judiciary was occasionally subject
to outside influence. The law prohibits the Government from issuing
orders or recommendations concerning the exercise of judicial power. In
November the EC's progress report on the country noted that senior
members of the armed forces in particular continued to make statements
on judicial matters.
The High Council of Judges and Prosecutors (HSYK) selects judges
and prosecutors for the country's courts and is responsible for court
oversight. The constitution provides tenure for judges, but the HSYK
controls the careers of judges and prosecutors through appointments,
transfers, promotions, expulsions, and reprimands. The September 12
constitutional amendments expanded the number of permanent members of
the HSYK from seven to 22. The amendments also called for 10 members to
be directly elected by the approximately 12,000 judges and prosecutors
throughout the country, while the 10 other members are appointed by the
president, the Court of Appeals, the Council of State, and the Justice
Academy. The remaining two members are the minister and under secretary
of justice. Supporters of the changes hailed the development as a step
toward an independent judiciary. Opponents, however, argued that the
Government would use influence among judges and prosecutors to ensure
the election of handpicked candidates to the HSYK and contended that
the president would be likely to select progovernment candidates as
well. The minister of justice presides over the HSYK, and at least once
in the past year the minister prevented the HSYK from convening,
accusing the HSYK of attempting to intervene in ongoing trials.
The close connection between public prosecutors and judges gave the
appearance of impropriety and unfairness in criminal cases. Prosecutors
and judges study together before being assigned by the HSYK. Once
appointed, they were often housed together, frequently shared the same
office space, and often worked in the same courtroom for more than five
years.
According to several regional bar associations, the Government
devoted insufficient resources to public defense. The associations also
noted that public defense attorneys undergo less rigorous training than
their prosecutorial counterparts and are not required to take an
examination to demonstrate a minimum level of expertise.
Constitutional amendments adopted on September 12 allow individuals
to apply directly to the Constitutional Court for redress. Previously,
only the lower courts, the president, and members of parliament under
certain conditions could apply to the court.
On January 21, the Constitutional Court declared unconstitutional
the provision of the law allowing military personnel to be tried in
civilian courts. However, the September 12 constitutional amendments
contain a provision for trial of military personnel in civilian courts
if the crime is committed against the state, constitutional order, or
the functioning of constitutional order. The amendments provide for
civilian judicial review of decisions of the Supreme Military Council.
The amendments also annulled the constitutional provision that
prevented the trials of persons involved in the 1980 coup, including
former military generals.
According to an AI report during the year, criminal defendants
faced protracted and unfair trials, especially for violations of
antiterror laws. The report also asserted that convictions under
antiterror laws were often based on unsubstantiated or unreliable
evidence.

Trial Procedures.--Defendants enjoy a presumption of innocence.
Courtroom proceedings are public for all cases except those involving
minors as defendants. Court files, which contain charging documents,
case summaries, judgments, and other court pleadings, are closed to
everyone other than the parties to a case. This makes it difficult to
obtain information on the progress or results of court cases except
through formal channels. There is no jury system; a judge or a panel of
judges decides all cases. Defendants have the right to be present at
trial and to consult with an attorney in a timely manner. Defendants or
their attorneys can question witnesses for the prosecution and, within
limits, present witnesses and evidence on their behalf. Defendants and
their attorneys have access to government-held evidence relevant to
their cases. Defendants enjoy the right to appeal, although appeals
generally took several years to conclude.
International human rights organizations and the EU stated that the
courtroom structure and rules of criminal procedure gave an unfair
advantage to the prosecution. During a trial, the prosecutor could call
any witness desired, whereas the defense had to request that the judge
call a witness. Judges decided whether to ask and how to phrase defense
counsel's questions but asked all of the prosecution's questions in the
exact form presented. Prosecutors entered the courtroom through the
same door as the judge; defense attorneys entered through a separate
door. Prosecutors sat at an elevated desk at the same level as that of
the judge; the defense sat at floor level.
Defendants sometimes wait several years for their trials to begin.
Subsequently, trials often last several years. Proceedings against
security officials often were delayed because officials did not submit
statements promptly or attend trials.
In 2009 the European Court of Human Rights (ECHR) found 95
violations of the European Convention on Human Rights by the country
involving length of proceedings.
The law prohibits the use in court of evidence obtained by torture;
however, prosecutors in some instances failed to pursue torture
allegations, forcing defendants to initiate a separate legal case to
determine whether the exclusion of evidence was lawful. Human rights
organizations reported that, in such instances, the primary case
frequently was concluded before the secondary case was decided, leading
to unjust convictions.

Political Prisoners and Detainees.--The HRA asserted that several
thousand political prisoners from all parts of the political spectrum
existed, although the Government does not distinguish them as such. The
Government claimed that alleged political prisoners were in fact
charged with being members of, or assisting, terrorist organizations.
According to the Ministry of Justice, from January to June, 7,217
suspects were detained on terrorism-related charges. During the same
period 1,553 terrorism cases were opened against 3,333 suspects.
International humanitarian organizations were allowed access to
alleged political prisoners, provided they could obtain permission from
the Ministry of Justice. In practice, organizations rarely received
permission.

Regional Human Rights Court Decisions.--Article 90 of the
constitution states that ``in the case of a conflict between
international agreements in the area of fundamental rights and
freedoms...the provisions of international agreements shall prevail.''
The country is signatory to the European Convention on Human Rights.
Due to this provision, the country's courts are subject to the
jurisdiction of the ECHR. Decisions of the ECHR bear the force of law
in the country and take precedence over case decisions from the Court
of Appeals or Constitutional Court.
As of November 30, there were 16,100 cases involving the country
outstanding at the ECHR. As of November 22, there were 330 ECHR
decisions involving the country. According to the EU's November
progress report, a high number of alleged violations continued to be
submitted to the ECHR.
On September 14, the ECHR ruled in a high-profile case that the
country was liable for failing to protect the life and freedom of
expression of Armenian-Turkish journalist Hrant Dink in 2007. The ECHR
ruled that the Government failed to prevent the murder of the
journalist after threats were made against him and did not carry out an
effective investigation afterwards.

Civil Judicial Procedures and Remedies.--There is an independent
and impartial judiciary in civil matters. The law provides that all
citizens have the right to file a civil case for compensation for
physical or psychological harm suffered, including for alleged human
rights violations. The September 12 constitutional amendments allow
individuals to bring a case directly to the Constitutional Court. The
amendments also establish the creation of an independent human rights
commission and an ombudsman's office. Neither institution had been
established by year's end.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The September 12 constitutional amendments protect the
``secrecy of private life.'' The amendments state that persons have the
right to demand protection and correction of their personal information
and data.
The law allows for telephone tapping with a court order. Only the
country's telecommunication agency is authorized to tap telephones, and
only when presented with a court order directed against alleged drug
traffickers, organized crime members, and terrorists. There were
occasional complaints by individuals and public figures, including
higher court members and politicians, that their telephones were
illegally tapped without a court order.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press; however, the Government continued to limit
these freedoms in significant numbers of cases. The EC stated in its
November progress report that the law does not sufficiently guarantee
freedom of expression and noted as particular concerns the high number
of cases initiated against journalists, undue political pressure on the
media, legal uncertainties, and frequent Web site bans.
Article 301 of the penal code criminalizes insults to the Turkish
nation. The minister of justice must give permission for a case
concerning article 301 to proceed. A separate legal provision forbids
insulting the country's founder, Mustafa Kemal Ataturk. Prosecutors
continued to conduct ideologically motivated investigations under both
the constitution and the law. Other laws, such as antiterror laws and
laws governing the press and elections, also restricted speech.
According to the Ministry of Justice, the minister received 352
complaints concerning article 301 during the year and rejected 342 of
them. The minister gave permission for the remaining 10 cases to
proceed.
Individuals in many cases could not criticize the state or
government publicly without risk of criminal suits or investigation,
and the Government continued to restrict expression by persons
sympathetic to some religious, political, and Kurdish nationalist or
cultural viewpoints. Active debates on human rights and government
policies continued in the public sphere, particularly on problems
relating to the role of the military, Islam, political Islam, Kurds,
Alevis, and the history of the Turkish-Armenian conflict at the end of
the Ottoman Empire. However, many who wrote or spoke on such topics,
particularly those who criticized the military, the Kurdish problem, or
the Armenian problem, risked investigation, albeit fewer than in
previous years. The Turkish Publishers' Association (TPA) reported that
serious restrictions on freedom of expression continued despite legal
reforms related to the country's EU candidacy.
During the year authorities continued to file numerous cases
against publications under antiterror laws. The HRF reported that the
laws contain an overly broad definition of offenses that allows
ideologically and politically motivated prosecutions. There were at
least 550 cases against the pro-Kurdish daily newspaper Ozgur Gundem
under antiterror laws. There were some convictions, but most cases
remained open at year's end.
Throughout the year, police and the judiciary increased pressure on
members of the BDP. Human rights activists and party officials claimed
that more than 1,700 cases continued against BDP members by year's end.
Most members were investigated and prosecuted for speaking in the
Kurdish language or for making statements critical of the Government or
in support of the PKK or its leader, Abdullah Ocalan. Many were also
arrested for alleged ties with the KCK.
At the first session in October of the trial against 151 alleged
members of the KCK, the suspects asked to defend themselves in the
Kurdish language instead of Turkish. The court denied the request,
calling Kurdish an ``unknown language.''
In December a Diyarbakir court rejected a request by 17 defendants
to defend themselves in Kurdish in a trial for support of terrorism
after returning from Iraq in October 2009. However, also in December a
Sanliurfa court allowed defendants to defend themselves using the
Kurdish language. This kind of inconsistency in court decisions on the
use of languages other than Turkish was prevalent throughout the
country.
Diyarbakir mayor Osman Baydemir continued to face more than 100
charges and investigations for use of the Kurdish language, spreading
terrorist propaganda, and promoting terrorism or a criminal. Most of
these cases were for Baydemir's expression of his political views or
speaking in Kurdish in public events. During the year there were at
least 20 acquittals and three convictions in cases against Baydemir,
but he remained in his position as mayor. Many cases and appeals were
pending at year's end. For example, in December Prime Minister Erdogan
opened a civil case against Mayor Baydemir for ``emotional damage'' for
a speech that Baydemir made in December 2009 to protest police
operations against KCK suspects. Baydemir cursed in the speech. There
had been no movement on the case at year's end.
In February, BDP member of parliament Emine Ayna sued deputy prime
minister Bulent Arinc for calling her a ``creature.'' She demanded
10,000 lira ($6,666) compensation. The case continued at year's end.
On May 21, a Diyarbakir court indicted singer Ferhat Tunc for
``spreading propaganda for the PKK'' and ``acting on behalf of an
illegal organization'' for a speech he gave at a festival in Eruh in
August 2009 on the 25th anniversary of the first PKK attack. The singer
faced up to 15 years' imprisonment. The case continued at year's end.
During the year the prosecutor ceased the investigation of
suspected violations of article 301 against the National Police Academy
for a workshop conducted in August 2009 on the Government's ``Kurdish
Opening'' initiative aimed at addressing some concerns of the country's
Kurdish citizens.
The Government owned and operated the Turkish Radio and Television
Corporation (TRT). According to the High Board of Radio and Television
(RTUK), as of November there were 210 local, 15 regional, and 25
national television stations and 944 local, 99 regional, and 35
national radio stations officially registered in the country. In
addition, 77 television channels operated on cable networks, and the
RTUK granted seven television and two radio enterprises satellite
licenses and broadcast permits necessary for operation. Other
television and radio stations broadcast without an official license.
The wide availability of satellite dishes and cable television allowed
access to foreign broadcasts, including several Kurdish-language
private channels. Most media were owned by large, private holding
companies that had a wide range of outside business interests; the
concentration of media ownership influenced the content of reporting
and limited the scope of debate. Observers noted that some media
conglomerates used the media as a tool to build pressure for or against
government policies.
The RTUK reported that radio and television stations were allowed
to broadcast in the following languages besides Turkish during the
year: Arabic, Bosnian, Circassian, and Kurdish (both Kurmanci and Zaza
dialects).
The country had active privately owned print media. Hundreds of
private newspapers spanning the political spectrum appeared in numerous
languages, including Kurdish, Armenian, Arabic, English, and Farsi.
However, authorities routinely censored media with pro-Kurdish or
leftist content, particularly in the southeast, by confiscating
materials or temporarily closing down the media source. According to
the TNP, 21 issues of newspapers, 32 issues of magazines, and 10 books
were confiscated during the year.
Prosecutors harassed writers, journalists, and political figures by
bringing dozens of cases to court under various laws that restrict
media freedom. However, judges dismissed many of these charges.
Authorities at times ordered raids of newspaper offices, closed
newspapers temporarily, issued fines, or confiscated newspapers for
violating speech codes. Despite government restrictions, the media
criticized government leaders and policies daily and in many cases
adopted an adversarial role with respect to the Government. On October
20, Reporters without Borders cited a ``frenzied proliferation of
lawsuits, incarcerations, and court sentencing targeting journalists.''
The Solidarity Platform of Imprisoned Journalists reported that, at the
end of the year, there were 43 journalists in prison, 10 of these
editors in chief. Most of these journalists were being charged under
antiterror laws.
On February 26, Prime Minister Erdogan made statements that many
observers believed implied media owners should fire columnists whom
Erdogan accused of hurting the economy with their negative reporting.
These statements were seen by many as an attempt to censor the media's
critical reporting on government activities. Observers reported that
government officials and state bureaucrats made other statements
throughout the year that were interpreted as influencing the
independence of the media.
The media reported that, by year's end, more than 5,000 cases were
filed against journalists covering the Ergenekon trial. Of those, more
than 20 journalists were convicted. The remaining cases continued at
the end of the year.
On December 2, the country's top administrative court suspended a
large portion of the 2009 tax fine against the Dogan Media Group. Some
observers were concerned that the Government was using the large tax
fine to punish the media group because its editorial line had been
considered critical of the Government and prime minister. They
described the fine as having a chilling effect on journalists, which
continued during the year, and reported that the Government was using
it to silence opposition. Although the fine was suspended, a case
regarding the validity of the fine continued at year's end.
National publications could be denied access to government
officials because of their reporting. During the year a journalist from
the daily newspaper Evrensel, Sultan Ozer, and at least five other
journalists did not receive accreditation to the Prime Ministry after
being denied in 2009 as well. The TGS did not admit to its media
briefings representatives of publications which it perceived as
espousing views contrary to the TGS.
There were complaints during the year against authors and
publishers filed by ideologically motivated attorneys and prosecutors.
Dozens of authors, writers, and publishers were on trial at year's end.
On January 11, the Court of Appeals decided that the 2008 ``I
apologize to the Armenians'' campaign did not constitute a crime and
dropped the case against the organizers.
On February 18, an Istanbul court convicted attorneys Irfan Dundar
and Firat Aydinkaya to 10 months' imprisonment for a 2004 article in
the Ozgur Gundem daily newspaper that reported Ocalan's comments to his
attorneys. They were convicted of ``making propaganda for a terrorist
organization.''
In April a court convicted Samil Tayyar of the daily newspaper Star
and gave him a suspended term of 15 months in prison for writing about
the continuing trial of the alleged Ergenekon organization. Tayyar was
convicted of violating individual confidentiality, influencing the
independence of the judiciary, and violating the confidentiality of
preliminary investigations.
On May 13, a local court convicted Vedat Kursun, former editor in
chief of the Kurdish-language newspaper Azadiya Welat for membership in
a terrorist organization and violating antiterror laws in connection
with 102 articles he had written in 2007 and 2008. Kursun was sentenced
to 166 years in prison. In another case in December, Kursun was
sentenced to another 138 years for articles he published in the same
newspaper. Both cases were under appeal at year's end.
On June 4, an Istanbul court convicted Express magazine writer
Irfan Aktan and editor Merve Erol under antiterror laws for spreading
propaganda for a terrorist organization in a 2009 article that Aktan
wrote on the Kurdish problem. Aktan was sentenced to one year and three
months in prison, and Erol received a 16,600 lira ($11,066) fine.
Several cases remained outstanding at year's end against publisher
Ragip Zarakolu for publishing books deemed offensive or ``dangerous''
or for ``spreading propaganda of a terrorist organization.''
On June 10, an Istanbul court convicted author N. Mehmet Guler to
one year and three months in prison for ``spreading propaganda of a
terrorist organization'' for his book More Difficult than Death.
Publisher Zarakolu was acquitted in the same case. On September 30, a
separate case was opened against Zarakolu for publishing another book
about the Kurdish issue. The case continued at year's end.
On October 26, the trial of Ogun Samast, accused of killing
prominent human rights activist Hrant Dink in 2007, was transferred to
Istanbul Juvenile Court under the amendments that prohibit trying
juveniles under the antiterror laws. Samast was 17 when the killing
occurred. The case continued at year's end.
On October 27 and December 30, an Ankara court continued the case
against publisher and writer Temel Demirer for allegedly violating
article 301. Demirer had been charged for a statement he made after the
2007 Dink killing that ``Hrant Dink was not killed for being Armenian
but for recognizing the genocide.'' The case continued at year's end.
On June 4, an Istanbul court acquitted Nedim Sener, who was charged
with ``publicizing confidential information'' and ``insulting
government officials'' in a book he published, Dink Murder and
Intelligence Lies.
Printing houses were required to submit books and periodicals to
prosecutors at the time they were published. The TPA reported that
publishers often avoided works with controversial content in order to
stay out of court. It also reported that the prohibition and recall of
books remained a concern, although there were fewer such cases than in
2009. Several publications were recalled pending a final court decision
during the year. Writers and publishers were still prosecuted on
grounds of defamation, denigration, obscenity, separatism, terrorism,
subversion, fundamentalism, and insulting religious values. According
to the TPA, authorities investigated or opened court cases against
dozens of publications and publishers during the year. The
International Publishing Association stated that, at year's end, 70
persons from the literary world were on trial in the country.
On May 21, the RTUK approved an application from a private TV
station in Diyarbakir to change its name to AMED-TV. ``Amed'' is the
Kurdish name for Diyarbakir. AMED-TV began broadcasting in the Kurmanci
and Zaza dialects of Kurdish, along with Turkish, Farsi, and Arabic, on
May 23.

Internet Freedom.--The Internet was widely available in the
country. It was used in schools, libraries, cafes, and other public
locations, and the Government encouraged its use. There were some
restrictions on Internet access. According to TurkStat, the country's
national statistics authority, individuals in approximately 41.6
percent of homes in the country used the Internet during the year.
The Internet law allows the Government to prohibit a Web site if
there is suspicion that the site is committing any of eight crimes:
insulting Ataturk, obscenity, prostitution, gambling, or encouraging
suicide, sexual abuse of children, drug abuse, or dangerous substances
for health care. Upon receiving a complaint or as a result of personal
observations, a prosecutor may request that a judge prohibit access to
the offending site or, in an urgent situation, the Telecommunication
Presidency (TP) may prohibit access. In either case, a judge must rule
on the matter within 24 hours. Following a judicial order, the Internet
service provider (ISP) must block access within 24 hours. If the judge
does not approve the block, the prosecutor must ensure access is
restored. The ISP administrators may face a penalty ranging from six
months' to two years' imprisonment for failing to comply with a
judicial order. The law also allows persons who believe a Web site
violates their personal rights to request the TP to order the ISP to
remove the offensive content. No official figures on the number of
blocked Web sites were available at year's end. However, Engelliweb, an
NGO working on internet freedom issues, reported that by October 31,
6,457 sites had been blocked in the country, a substantial increase
over the reported numbers in 2009.
On June 7, the Ministry of Transport asked the TP to block access
to certain Web sites associated with Google services and demanded that
YouTube register as a taxpayer in the country. Other services,
including Google Translate, Google Docs, and Google Books, were blocked
because they tried to ``circumvent Turkey's laws'' to allow access to
YouTube. Access to these services was restored at year's end.
On October 31, the TP removed the 2008 prohibition on the YouTube
Web site because a video that lampooned Ataturk had been removed from
the site. The site remained accessible at year's end.
On November 2, an Ankara court ordered YouTube blocked again for
publishing a secretly taped video allegedly showing then head of the
opposition Republican People's Party (CHP) Deniz Baykal with a woman in
a hotel room. The court ordered the Web site blocked because of
``obscene and immoral images.'' As of year's end, the TP had not acted
on the court order, and the Web site remained accessible.
On August 6, the TP banned Playboy magazine's Web site without a
court order, based on ``a legal evaluation'' of the Internet law on
obscenity. The ban remained in force at year's end.
On September 17, a court ordered the TP to block the social
networking site Facebook because videos posted on the site insulted
Turks and Ataturk. However, the TP decided not to block the site
because the offending material was removed. The site remained
accessible at year's end.
Government authorities on rare occasions accessed Internet user
records to protect ``national security, public order, health, and
decency'' or to prevent a crime. Police must obtain authorization from
a judge or, in emergencies, the ``highest administrative authority''
before taking such action and generally did so in practice.

Academic Freedom and Cultural Events.--There were generally no
government restrictions on academic freedom or cultural events during
the year; however, there was some self-censorship on sensitive topics.
Restrictions on freedom of speech at times were used to limit academic
freedom and cultural events.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The law provides for freedom of assembly; however, the
Government restricted this right in practice. Significant prior
notification to authorities is required for a gathering, and
authorities may restrict meetings to designated sites.
The HRF reported that security forces killed two persons during
demonstrations and injured 143, a substantial decrease from the
previous year. There were reports that police beat, abused, or harassed
demonstrators during the year. The HRF reported that police detained
1,716 and arrested 152 persons involved in demonstrations during the
year. The detentions varied in length from several hours to several
days.
Human Rights Watch (HRW) reported that many demonstrators were
punished during the year ``even if their offense was making a victory
sign, clapping, shouting a PKK slogan, throwing a stone, or burning a
tire.'' The HRW report criticized heavily the use of antiterror laws to
punish persons who were exercising their right to demonstrate
peacefully.
AI reported that on June 17, Halil Savda, Gokce Otlu Sevimli,
Zarife Ferda Cakmak, and Volkan Sevinc were convicted of ``alienating
the public from military service.'' The case stemmed from their
attendance at a public demonstration on January 6 and a press release
in support of conscientious objector Enver Aydemir. Savda, Sevimli, and
Cakmak each received prison sentences of six months; Sevimli's and
Cakmak's sentences were suspended. Sevinc was also convicted of
insulting a police officer and sentenced to one year and six months in
prison, suspended.
Public events around the country celebrating the Nevruz holiday in
March were generally peaceful. However, violence continued to mar
demonstrations related to the Kurdish problem during the rest of the
year in the southeast of the country.
A number of symbolic public events took place on April 24 to
commemorate events relating to the Armenian issue and the tragic events
of 1915. The gatherings were peaceful and received police protection
where necessary.
Labor Day celebrations on May 1 were generally peaceful. For the
first time in 33 years, celebrations were officially allowed in Taksim
Square in Istanbul, which in the past was a traditional location for
such celebrations.

Freedom of Association.--The law provides for freedom of
association; however, several restrictions on this right continued in
practice.
Under the law, persons organizing an association do not need to
notify authorities beforehand, but an association must provide
notification before interacting with international organizations or
receiving financial support from abroad and must provide detailed
documents on such activities. Representatives of associations stated
this placed an undue burden on their operations.
According to the Third Sector Foundation of Turkey, an advocacy
NGO, the criteria for NGOs to obtain public benefit status that
entitles them to certain tax exemptions were restrictive and
complicated. Applications for public benefit status must be approved by
the Council of Ministers. The law does not allow applicants to appeal
if their petitions are rejected.

c. Freedom of Religion.--For a complete description of religious
freedom, please see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

Internally Displaced Persons (IDPs).--Fighting between the security
forces and the terrorist PKK, which began in 1984 and continued during
the year, resulted in hundreds of thousands of citizens living as IDPs
in the country. Many IDPs settled permanently in cities in the west,
especially around Izmir and Istanbul. According to the TNP, a total of
187,861 citizens returned voluntarily to their villages in the
southeast by October.
The law to compensate IDPs allowed persons who suffered material
losses during the conflict with the PKK to apply for compensation
through May 2009. The EC's November progress report stated that the
Government had made continued progress on compensating losses due to
terrorism and the fight against terrorism since 2004. Rejected
applicants have launched numerous cases in administrative courts.
Several of them applied to the ECHR. Local NGOs and regional bar
associations maintained that the law included unreasonable
documentation requirements and awarded levels of compensation far below
standards established by the ECHR. The Government denied these claims.
Voluntary and assisted resettlements continued. In a few cases,
persons could return to their former homes; in other cases centralized
villages were constructed. The TNP reported it had provided
compensation totaling 1.95 billion lira (approximately $1.3 billion) by
October related to losses stemming from the fight against PKK
terrorists.

Protection of Refugees.--The country accepts its obligations under
the 1967 Protocol relating to the Status of Refugees only with respect
to refugees from Europe. An administrative regulation provides for the
granting of asylum or refugee status. During the year the Ministry of
Interior conducted a parallel refugee status determination process
subsequent to the UNHCR's determinations, affirming the latter's
decisions in nearly all cases.
The Government requires that refugees who have no durable solution
in the country obtain exit permission before departing for resettlement
in other countries. In the past, such permission was withheld until the
person paid a residence fee and any back fees and fines. In March the
Ministry of Interior released guidance that the municipality where an
asylum seeker resides may waive the residence permit fee for persons
who are unable to pay. No data was available at year's end regarding
the number of waivers granted.
In most cases, the Government provided protection against the
expulsion or return of refugees to countries where their lives or
freedom would be threatened on account of their race, religion,
nationality, membership in a particular social group, or political
opinion. In the first nine months of the year, 62 persons of interest
to the UNHCR were deported from the country. This was a significant
decrease from the previous year, when the number deported was 214. The
UNHCR sometimes had difficulty gaining access to interview potential
refugees if they had already been detained or arrested by security
forces for illegal entry into the country.
The Government detained refugees and asylum seekers who entered the
country illegally, a practice that was criticized by AI during the
year. A total of 1,014 persons were detained in the first nine months
of the year; 310 were registered with the UNHCR. Detainees could be
held indefinitely. According to UNHCR, the majority of those detained
were from Afghanistan (646) and Iran (177).
Iraqi citizens were generally able to obtain tourist visas upon
arrival at airports in the country. However, some foreigners transiting
the country on their way to Europe, including Iraqis, were returned to
their countries of origin when immigration authorities determined they
might seek asylum in Europe.
Access to the national procedure for temporary asylum was hindered
by the lack of reception facilities for groups of interdicted migrants,
potentially including asylum seekers, and a lack of interpreters to
assist security officials.
The law does not have a strict time limit for asylum seekers or
require them to present a valid identity document. The law also
provides for a waiver of residence permit fees for asylum seekers in
``humanitarian situations.'' After the issuance of a government
circular in March ordering the end to fines for late registration,
there were no reports of fines being imposed or enforced.
The UNHCR reported successful interventions in most cases where
asylum seekers arrived lawfully in the country after transiting one or
more other countries. It also reported improved access to persons in
detention who wished to apply for asylum, ship stowaways who wished to
apply for asylum, and persons seeking asylum while they were in the
international areas of the country's airports during the year.
The Government provided temporary protection to persons who may not
qualify as refugees, including persons of non-European origin. Refugees
needed permission from local authorities to travel to Istanbul or
Ankara, including for meetings with the UNHCR or resettlement agencies.
Human rights groups reported that nearly 200 lesbian, gay,
bisexual, or transgender (LGBT) refugees from Iran were living in the
country at year's end. The group reported that these refugees faced
numerous problems in the country in addition to their refugee status
due to their sexual orientation or gender identity.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and law provide citizens with the right to change
their government peacefully, and citizens exercised this right in
practice through periodic, free, and fair elections based on universal
suffrage. However, the Government restricted the activities of some
political parties and leaders.

Elections and Political Parties.--In October 2009 the law on the
election of parliamentarians was amended so that parliamentary
elections are to be held every four years instead of every five.
The 2007 parliamentary elections were held under election laws that
the Organization for Security and Cooperation in Europe (OSCE) found
established a framework for democratic elections in line with
international standards. The law requires a party receive at least 10
percent of the valid votes cast nationwide to enter parliament. Some
political parties and human rights groups criticized the 10 percent
threshold as unduly high. Three parties of the 21 eligible to run
crossed the threshold in the 2007 elections. Candidates who ran as
independents were able to bypass the threshold.
In its observation report following the 2007 elections, the OSCE
noted that despite a comprehensive legal framework for elections, a
number of laws creating the potential for uncertainty and arbitrary
interpretation constrained political campaigning and freedom of
expression in a broader context. The OSCE also noted the positive
efforts made to enhance the participation of citizens of Kurdish origin
in political life.
On April 11, the political parties law and the election law were
amended to allow the use of languages other than Turkish during an
election campaign. While Turkish is still the primary language for
election campaigns, other languages, such as Kurdish, may be used.
The military's political influence via formal and informal
mechanisms declined during the year. In December the military published
a statement on its Web site reminding the country that the official
language was Turkish as a reaction to statements by some political
leaders that they would use Kurdish in parliament and during official
business. However, the president and other government officials
immediately attempted to give official context to the military's
statement by stating that Turkish is the official language of the
country.
Political parties and candidates could freely declare their
candidacy and run for election. However, the chief prosecutor of the
Court of Appeals could seek to close political parties for
unconstitutional activities by bringing a case before the
Constitutional Court.
The September 12 constitutional amendments repealed the
constitutional provision that allowed removal of a person from
parliament if he or she was involved in acts that caused a political
party to be closed. However, in November the EC noted in its progress
report that a majority of the former Democratic Society Party and BDP
members of parliament had been taken to court and that the country
``still needs to align its legislation as regards procedure and grounds
for closures of political parties with European standards'' on freedom
of association.
During the year police raided dozens of BDP offices, particularly
in the southeast, and detained more than 1,000 BDP officials and
members. Prosecutors also opened numerous investigations and trials
against BDP members, mostly for alleged membership or support of the
KCK. Jandarma and police regularly harassed BDP members through verbal
threats, arbitrary detentions at rallies, and detention at checkpoints.
Security forces also regularly harassed villagers they believed were
sympathetic to the BDP. Although security forces released some
detainees within a short period, many faced trials, usually for
supporting an illegal organization or inciting separatism.
There were 48 women in the 550-seat parliament and two female
ministers in the 27-member cabinet. More than 100 members of parliament
and at least three ministers were of Kurdish origin.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, the Government did not implement the law effectively, and some
officials engaged in corrupt practices with impunity. The EC noted in
its November report that the ``scope of parliamentary immunities'' in
cases of corruption was ``too wide'' and that there were incomplete
measures to ensure transparency in areas such as political party
financing and election campaigns.
The Ministry of Interior suspended the Adana mayor from duty in
March because of corruption allegations. Administrative and judicial
investigations continued at year's end.
The law requires government officials to provide a full financial
disclosure, including listing physical property, every five years; this
requirement was generally fulfilled. The Prime Ministry's Inspection
Board, which advises the Corruption Investigations Committee, is
responsible for investigating major corruption cases. Nearly every
state agency has its own inspector corps responsible for investigating
internal corruption. Parliament can establish investigative commissions
to examine corruption allegations concerning cabinet ministers or the
prime minister. A majority vote is needed to send these cases to the
courts for further action.
The law provides for public access to government information.
However, the Government occasionally rejected applications on national
security and other grounds, and there were no opportunities to appeal.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A number of domestic and international human rights groups operated
in many regions but faced government obstruction and restrictive laws
regarding their operations, particularly in the southeast. Government
officials were generally uncooperative and unresponsive to their views,
although cooperation increased during the year. Human rights
organizations and monitors as well as lawyers and doctors involved in
documenting human rights violations continued to face detention,
prosecution, intimidation, harassment, and closure orders for their
activities. Human rights organizations reported that official human
rights mechanisms did not function consistently and failed to address
grave violations. During the year AI reported that some human rights
defenders were prosecuted for monitoring and reporting human rights
violations.
The HRA had 28 branches nationwide and claimed a membership of
approximately 11,000. The independent HRF, established by the HRA,
operated torture rehabilitation centers in Ankara, Izmir, Istanbul,
Diyarbakir, and Adana, as well as a ``mobile office'' in the
southeastern region. It also served as a clearinghouse for human rights
information. Other domestic NGOs included the Helsinki Citizens
Assembly, the Human Rights Research Association, the Turkish Medical
Association, the Civil Society Development Center, and human rights
centers at a number of universities, among others.
The first session of the trial against Muharrem Erbey, president of
the HRA in Diyarbakir and vice president of the national HRA, began on
October 20 along with the other suspects in the KCK trial in
Diyarbakir. The HRA and many international human rights organizations
continued to claim that Erbey was arrested for his work at the HRA and
as a human rights lawyer. The trial continued at year's end.
During the year the 2008 trial in an Adana court against HRA Adana
secretary general Ethem Acikalin continued; he faced two years in
prison for making propaganda of an illegal organization. Acikalin was
charged after chanting slogans during a 2007 press meeting
commemorating the death of 28 inmates during a military operation in
2000. On October 9, in another case, Acikalin was sentenced to three
years in prison for statements he made regarding children who had been
tried under antiterror laws. Numerous other court cases were
outstanding against Acikalin at year's end. Media reports indicated
that Acikalin took refuge in Switzerland in March and remained out of
the country at year's end.
On June 12, a court convicted four members of HRA's Canakkale
branch, including its chairman, to 18 months' imprisonment each for
organizing an unauthorized ``World Peace Day'' gathering in 2007. An
appeal remained pending at year's end.
The Government generally cooperated with international
organizations such as the CPT, UNHCR, and the International
Organization for Migration; however, some international human rights
workers reported that the Government purposefully harassed them or
raised artificial bureaucratic obstacles to prevent their work during
the year.
The HRP was authorized to monitor the implementation of legislation
relating to human rights and to coordinate the work of various
government agencies in the field of human rights. Despite lacking a
budget and sufficient resources, the HRP carried out a number of
projects with the EC and Council of Europe.
During the year the HRP promoted human rights by showing short
films on topics such as freedom of expression, discrimination,
children's rights, and torture. The HRP maintained a no-cost emergency
hotline for persons to report information on human rights violations
for transmission to the appropriate government body. The HRP reported
increased awareness of its activities during the year.
There were provincial human rights councils under the HRP in all 81
provinces and their constituent subprovinces. These bodies served as a
forum for human rights consultations among NGOs, professional
organizations, and the Government. They had the authority to
investigate complaints and to refer them to the prosecutor's office.
However, many councils failed to hold regular meetings or effectively
fulfill their mandates. The HRA generally refused to participate on the
councils, maintaining that they lacked authority and independence.
The September 12 constitutional amendments called for the
establishment of an ombudsman's office and an independent human rights
commission. At year's end, parliament had taken no legal steps to
establish either institution.
The parliamentary HRIC received 3,200 petitions and published 15
reports from October 2009 to October 2010. These covered various
complaints, such as sexual harassment in universities, the situation in
state-run orphanages, and conditions in military and civilian prisons.
For the first time, the HRIC was allowed to visit and evaluate military
prisons during the year. The EC noted in its November report that the
HRIC focused on policymaking and the legislative process during the
year as well.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, religion,
disability, language, or social status; however, the Government did not
enforce these prohibitions effectively. The September 12 constitutional
amendments allow measures to be taken to advance gender equality, as
well as measures to benefit children, seniors, persons with
disabilities, widows, and veterans without violating the constitutional
prohibition against discrimination. The Government maintained hotlines
to prevent the exploitation of women, children, persons with
disabilities, and senior citizens, although some human rights groups
questioned their effectiveness.

Women.--The law prohibits rape, including spousal rape, with prison
terms of two to seven years for sexual assault. However, the Government
did not effectively enforce the law. Victims often waited days or weeks
to report incidents due to embarrassment or reprisals; these delays
hindered effective prosecution of assailants. Human rights
organizations claimed that cases of rape were heavily underreported.
Violence against women, including spousal abuse, was a serious and
widespread problem both in rural and urban areas. Women's NGOs reported
that more than 150,000 women were victims of domestic violence between
2001 and 2005, the latest period for which statistics were available.
The law prohibits violence against women, including spousal abuse, but
the Government did not effectively enforce it. The criminal code does
not specifically forbid ``spousal abuse'' but provides punishment based
on the underlying crime, such as assault, wrongful imprisonment, or
threats. The civil code states that spousal abuse is a reason for
granting divorce. Restraining orders were regularly issued by courts
during the year to protect abused women, but human rights organizations
reported that police rarely effectively enforced them. Domestic human
rights organizations reported these laws were partially but
increasingly effective; more women called the police emergency hotline
to report domestic violence and went to police stations to file abuse
reports. Some organizations reported that societal acceptance of
domestic abuse in some cases contributed to underreporting.
Through October 27, the Government's hotline received 19,377 calls:
8,704 were from women, 1,658 from children, 5,807 from disabled
individuals, and 512 from the elderly. The Institution for Social
Services and Orphanages operated 29 women's shelters with a total
capacity of 650 persons for female victims of domestic violence and
rape. The municipalities operated 19 women's shelters with a capacity
of 609 persons. The Government reported that provincial government
offices, municipalities, and NGOs operated 54 shelters. Regulations
call for women's shelters in any town with a population of more than
50,000 persons. Observers noted that there were an inadequate number of
shelters, or no shelters at all, in many towns with populations of more
than 50,000 persons.
Persons convicted of honor killings may receive life imprisonment.
The Ministry of Justice reported that 10 cases involving 25 suspects
and 18 victims of honor killings began during the year. Of these, eight
cases involving 11 victims were finalized during the year, and 10
individuals were convicted. Most honor killings occurred in
conservative families in the rural southeast or among migrants from the
southeast living in large cities. Because of sentence reductions for
juvenile offenders, observers noted that young male relatives often
were designated to perform such killings.
Due to penalties for honor killings, family members sometimes
pressured girls to commit suicide in order to preserve the family's
honor. Government officials worked with advocacy groups to hold town
hall meetings and set up rescue teams and hotlines for endangered women
and girls.
KA-MER, the leading women's organization in the southeast, stated
that 62 women from the eastern and southeastern regions contacted it to
report that their families had threatened them with honor killings. The
father or husband decided the fate of the woman in the vast majority of
the cases. KA-MER complained that, while in the past police had shared
statistics on suicides in such situations, they did not share such
information during the year.
On February 4, the father and grandfather of Medine Mimi, a teenage
girl, were arrested after allegedly killing her for talking to boys.
Her body was found in a hole outside a chicken pen near the family's
home in Adiyaman. Mimi had been buried alive. The case continued at
year's end.
On July 22, a 15-year-old boy allegedly killed his 17-year-old
sister, Seyma G., in Diyarbakir after she left a women's shelter where
she had been staying to escape violence at home. Her body was found
half-buried in the ground after she had been strangled to death. Police
arrested the brother on July 16. The case continued at year's end.
No information was available on the investigation of Sukru Batuhan
for the April 2009 honor killing of Leyla Gok in Siirt.
An appeal continued at year's end for the 2009 conviction of Muslum
Bakir for the 2008 murder of his wife, whom he married in an unofficial
religious ceremony.
The law provides different penalties for the crimes of sexual
harassment and sexual assault, requiring two to seven years'
imprisonment for sexual assault and three months' to two years'
imprisonment plus a fine for sexual harassment. Women's rights
activists maintained both laws were rarely enforced.
On July 23, the Court of Appeals overturned on procedural grounds
the conviction of Huseyin Uzmez for sexually harassing a 14-year-old
girl and disturbing her mental health. A retrial began on November 25
and continued at year's end.
Couples and individuals in most cases have the right to decide the
number, spacing, and timing of children and have the information and
means to do so free from discrimination. However, on March 6, the
Ministry of Health promulgated regulations that made women impregnated
through sperm banks liable for prosecution for giving birth to children
whose lineage was unknown. Women and men were given equal access to
diagnostic services and treatment for sexually transmitted infections.
In 2008 the UN Population Fund estimated the maternal mortality
ratio in the country to be 23 deaths per 100,000 live births. Skilled
attendants assisted an estimated 83 percent of all births; 71 percent
of the country's population used some method of birth control, and 43
percent used modern methods of contraception, including male and female
sterilization, IUDs, oral and injected contraceptives, hormonal
implants, condoms, and female barrier methods.
The September 12 constitutional amendments allow measures,
including positive discrimination, to be taken to advance gender
equality and declared that such measures would not violate the
constitutional prohibition against discrimination. Under the law, women
enjoy the same rights as men; however, societal and official
discrimination were widespread. The Directorate General on the Status
and Problems of Women under the minister of state in charge of family
affairs is responsible for promoting equal rights and raising awareness
of discrimination against women.
Women continued to face discrimination in employment and were
generally underrepresented in managerial-level positions in business
and government. According to a November report by the EC, the levels of
women's employment and their political participation nationally and
regionally were low. A large percentage of women employed in
agriculture and in the retail, restaurant, and hotel sectors worked as
unpaid family labor. The World Economic Forum reported during the year
that women earned 57 percent of what their male counterparts earned for
similar work. The Government reported that men and women were offered
equal opportunities in work and received equal pay for equal work.

Children.--There is universal birth registration in the country.
Citizenship in the country is passed through blood from a child's
parents. Some parents were allowed to give their children names derived
from the Kurdish language during the year. However, on February 2, the
ECHR upheld the country's prohibition on the use of the letters W, X,
and Q, which do not exist in the Turkish alphabet, on birth
certificates.
The September 12 constitutional amendments permit positive
discrimination for children. The amendments also provide that the state
shall take measures to protect children against exploitation. The
amendments commit the Government to furthering children's welfare and
to work to expand opportunities in education and health.
Education through age 14 or the eighth grade is free, universal,
and compulsory.
Child abuse was a problem. There were honor killings of girls by
immediate family members, sometimes by juvenile male relatives.
Child marriage occurred, particularly in poor, rural regions;
however, women's rights activists claimed that underage marriage became
less common in the country in recent years. The law defines 17 as the
minimum age for marriage, although children as young as 12 were at
times married in unofficial religious ceremonies.
On December 13, police arrested a 22-year-old man in Sanliurfa who
married a 13-year-old girl. Another adult man who married a 14-year-old
girl was detained in the same action. A case had not begun at year's
end.
There were reports that children were subject to commercial sexual
exploitation. The law criminalizes sexual exploitation of children and
mandates a minimum sentence of eight years in prison. A person
convicted of encouraging or facilitating children into prostitution can
receive a sentence between four and 10 years; if violence or pressure
is involved, the sentence can be doubled.
The minimum age of consent in the country is 15. The law provides
for imprisonment of six months to two years for statutory rape; the
sentence is doubled if the offender is more than five years older than
the victim. The law prohibits producing or disseminating child
pornography and provides for a sentence of six months to two years as
well as a fine.
The country is a party to the Hague Convention on the Civil Aspects
of International Child Abduction. For information on international
parental child abduction, please see the Department of State's annual
report on compliance at http://travel.state.gov/abduction/resources/
congressreport/congressreport--4308.html.

Anti-Semitism.--There were some reports of anti-Semitic incidents
against members of the Jewish community, which numbered approximately
23,000. Jewish leaders in the country believed that occurrences of
anti-Semitism were directly related to events in the Middle East;
however, Jewish community members reported that they did not feel they
were held responsible for these events by most of the public. After the
``Free Gaza'' flotilla incident on May 31, government leaders at all
levels emphasized through public speeches that Turkish Jews were
distinct from both Israeli citizens and the Israeli government, and
they asserted that the country's Jews should be protected. Jewish
community leaders noted that after the event they received extra police
protection, which prevented a few acts of vandalism against community
property. Nonetheless, they expressed concerns about the rising anti-
Semitism in the country.
In June an individual was arrested on charges of planning the
assassination of rabbis. Although he stated that he ``hated Jews''
personally, he denied the accusation of planning the killings.
A variety of newspapers and television shows continued to feature
anti-Christian and anti-Jewish messages, and anti-Semitic literature
was common in bookstores.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The September 12 constitutional
amendments allow positive discrimination based on disability status.
The law prohibits discrimination against persons with disabilities in
employment, education, access to health care, and in the provision of
other state services; the Government generally enforced the law
effectively. The law does not mandate access to buildings and public
transportation for persons with disabilities, and access in most cities
was extremely limited. The Administration for Disabled People under the
Prime Ministry was responsible for protecting the rights of persons
with disabilities.
The Ministry of Transport and Communication announced in May that
38,192 persons with disabilities would be employed by the state by
year's end.
There was no movement on the investigation into Duchess of York
Sarah Ferguson's documentary about the abuse of children with
disabilities in two care centers. Prosecutors accused Ferguson of
breaking privacy laws, and according to press reports, the Government's
request to the United Kingdom to extradite Ferguson to stand trial
remained pending at year's end.
According to the EC, mental health hospitals and rehabilitation
centers did not provide sufficient medical care or treatment. In
November 2009 the Initiative for Human Rights in Mental Health reported
a need to increase the number of professional care staff, improve
hygienic conditions, vary treatment beyond only antipsychotic drugs and
antidepressants, and allow for greater freedom of movement.

National/Racial/Ethnic Minorities.--The law provides a single
nationality designation for all citizens and does not recognize
national, racial, or ethnic minorities. In November the EC's progress
report observed the country's approach to respecting and protecting
minority and cultural rights remained restrictive.
Citizens of Kurdish origin constituted a large ethnic and
linguistic group. Millions of the country's citizens identified
themselves as Kurds and spoke Kurdish dialects. Kurds who publicly or
politically asserted their Kurdish identity or promoted using Kurdish
in the public domain risked censure, harassment, or prosecution. In
practice, children whose first language is Kurdish could not be taught
in Kurdish in either private or public schools.
On April 11, the political parties law was amended to allow
campaigning in languages other than Turkish, including Kurdish. Several
private television and radio stations were allowed to broadcast in
languages other than Turkish, including Kurdish, Arabic, and Armenian,
and newspapers published in Kurdish, Armenian, and Farsi were allowed
to function without administrative obstacles.
On October 11, Mardin Artuklu University began a three-month
Kurdish literature and culture course for 50 graduate students under
its ``Living Languages Institute.''
The country's law is interpreted to recognize only three religious
minorities--Armenian Orthodox Christians, Jews, and Greek Orthodox
Christians--and no other ethnic and religious minorities, such as
Alevis, Yezidis, Assyrians, Catholics, Protestants, Kurds, Jafaris,
Circassians, Laz, or Roma. These other groups were prohibited from
fully exercising their linguistic, religious, and cultural rights and
continued to face intense pressure to assimilate.
There is no firm estimate of the number of Roma in the country.
Roma continued to face persistent discrimination and problems with
access to education, health care, and housing. In March the prime
minister and cabinet held an unprecedented public meeting with
approximately 12,000 Roma citizens in Istanbul. At the meeting, the
Government discussed planned steps to improve the housing and economic
situation of Roma in the country. In June the Ministry of Interior
asked all governors about the housing needs of the Roma population in
each province. The EC stated in its November progress report that the
``Roma population continues to face socioeconomic problems, such as
poverty, displacement, and lack of social services in the aftermath of
the demolition of Roma districts under urban renewal programs in
various cities.''
The European Roma Rights Center, the Helsinki Citizens Assembly,
and the Edirne Roma Culture Research and Solidarity Association
conducted a program during the year to train the Roma community on
civil society organization and activism. Literacy courses for Roma
women offered by the Roma Culture and Solidarity Association of Izmir
continued. Numerous associations celebrated International Roma Day in
Ankara.
In the Sulukule neighborhood of Istanbul, redeveloped housing lots
began to sell for four to five times what the original mostly Roma
occupants received as compensation for leaving the area. Most former
residents did not choose to accept the Government's offer of new
housing outside the city. In Edirne, the Government offered Roma
citizens new apartment-style housing that was rejected by many in the
Roma community because they considered that it did not meet their
needs.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--While the law does not
explicitly discriminate against lesbian, gay, bisexual, or transgender
(LGBT) individuals, organizations working with LGBT persons stated that
references in the law relating to ``the morals of society,''
``protection of the family,'' and ``unnatural sexual behavior'' were
sometimes used as a basis for abuse by police and discrimination by
employers. The law also states that ``no association may be founded for
purposes against law and morality.'' This article was applied in
attempts to shut down or limit the activities of NGOs working on LGBT
matters, a fact the EC criticized in its progress report in November.
In October 2009 the Directorate of Religious Affairs (Diyanet)
under the authority of the Prime Ministry released a decision declaring
that homosexuality is ``a behavior disorder and has been spreading in a
scary way within society. . . . [H]omosexuality cannot be accepted.''
The decision went on to state that homosexuality ``is against human
nature, and it should be corrected without targeting homosexuals.''
The state minister in charge of women and family affairs, Aliye
Kavaf, stated on March 7 that she believed homosexuality was a
``biological disorder, a disease...that needs to be treated.'' The EC
said in its progress report in November that this sort of ``negative
stereotyping by political figures'' could provoke further
discrimination against LGBT individuals.
In December the RTUK issued a fine to Haberturk TV for broadcasting
a discussion of homosexuality. The RTUK also issued a warning to ATV
for a series that showed two men in bed together as a couple. The RTUK
president said that because both programs presented homosexuality as
``normal,'' the RTUK assessed that they harmed the Turkish family
structure. He claimed the programs ``constituted a breach of the
society's national and moral values.''
On May 16, nearly 300 persons marched in an antihomophobia parade
in the heart of Ankara. On June 27, a LGBT pride parade and celebration
in Istanbul drew more than 5,000 persons, with heavy participation and
coverage by foreign observers. Smaller pride celebrations occurred in
other cities. Police provided protection to some of the celebrations,
and no incidents of violence were reported. According to human rights
organizations, LGBT events with foreign participation generally
occurred without incident while those without foreigners had much
higher levels of police interference.
There were active LGBT organizations in at least seven cities in
the country: Istanbul, Ankara, Izmir, Bursa, Adana, Eskisehir, and
Diyarbakir. Other unofficial groups existed in smaller cities and on
university campuses. All groups complained of harassment by police and
government authorities. Most had problems registering as an official
organization or maintaining their registration once granted. While some
university LGBT clubs were granted permission to form during the year,
many groups complained that they had tried to form but had been denied
permission by the university's rector.
In the fall, an LGBT group at the Middle East Technical University
in Ankara applied to the university administration for status as a
club. The university administration rejected their application, stating
that ``it is not sufficient reason to establish a club to raise
consciousness and sensitivity.'' The group had been denied several
times in the past as well.
On April 30, an Izmir court dismissed the closure case against
Black Pink Triangle, an LGBT rights association in Izmir. The court
declared in its ruling that LGBT persons have the same right to freedom
of association as other citizens. The association was functioning
normally at year's end.
LGBT groups claimed that transgender persons were significantly
persecuted during the year. Although police arrested many for
unauthorized prostitution, human rights organizations reported that
during the year there was a significant rise in prosecutions for
``offending public morals.'' Several groups reported that many
transgender persons were fined for frequenting stores or walking on
city streets, officially for ``disturbing the environment'' or
``disrupting traffic.'' Police claimed they were acting on complaints
they had received. LGBT organizations reported thousands of fines
against transgender individuals during the year.
The HRF and LGBT organizations reported that police in many cities,
especially Istanbul, Izmir, and Ankara, continued to use a ``point
system'' whereby officers were rewarded for fining transgender persons.
Many observers noted that this practice had contributed to a
substantial increase in the levels of abuse of transgender persons by
security forces. There was no government response to these allegations
by year's end.
On May 17, uniformed police officers pulled from a vehicle and beat
and arrested five transgender activists while they were driving in
Ankara; one of the women was beaten unconscious. Human rights groups
witnessed the bruised and bloody activists when they were released the
following day. Following the attack, the police and the activists filed
complaints against each other in court, the activists for mistreatment,
and the police for ``resisting the police.'' An Ankara court dropped
the charges against the five activists on October 20 for lack of
evidence. The investigation against the police continued at year's end.
On June 19, police assaulted and arrested three transgender persons
after stopping their car Ankara. The transgender persons were
subsequently charged with ``damaging public property, resisting police,
and preventing police from performing their duty,'' but they denied the
charges. On December 29, one police officer did not attend the first
hearing, and the case continued at year's end. The three filed
complaints against the police officers for mistreatment, but there had
been no public investigation at year's end.
Halil Ibrahim Dincdag, a soccer referee who lost his job in May
2009 because of his self-identification as a gay man, filed a complaint
early in the year against the Turkish Soccer Federation for wrongful
termination. The first hearing had not begun at year's end.
The criminal case against Birol Can Korkmaz for the March 2009
murder of transgender activist Ebru Soykan continued at year's end.
There was no movement on the October 2009 case against police in
Istanbul for harassment of transgender individuals.
The trial of Yahya Yildiz, accused of killing his son, Ahmet
Yildiz, in 2008 in Istanbul in a case described as a gay ``honor
killing,'' continued at year's end.
Openly gay men were not allowed to perform military service for
``health reasons'' due to their sexual orientation; those requesting
military exemption for reasons of sexual orientation had to undergo an
invasive burden of proof and many times were denied even after
proclaiming their sexual orientation and undergoing treatment and
examination at several military medical facilities. LGBT groups
complained that gay men were required to show photos of themselves in
overtly sexual positions and to undergo thorough medical evaluations to
prove their homosexuality to military officials. The groups further
complained that military officials ``outed'' gay men to their families
and communities.

Other Societal Violence or Discrimination.--NGOs complained that
the National AIDS Commission did not have adequate funding or staffing
to deal with HIV/AIDS during the year. The Positive Life Association
(PLA) and other NGOs complained that the media and medical
professionals often did not respect the privacy of persons with HIV/
AIDS and often reported their names in the media. Many people living
with HIV/AIDS reported discrimination in housing, public services and
benefits, and health care. The PLA and the Human Resources Development
Foundation conducted programs during the year for people living with
HIV/AIDS.
Section 7. Worker Rights
The September 12 constitutional amendments provided for the
recognition of many new labor and workers' rights. However, at year's
end no legislation had been passed to legally implement these changes.

a. The Right of Association.--The law provides most but not all
workers with the right to associate and to form unions; most workers
exercised this right in practice. Certain vital public employees, such
as military and police, cannot form unions. The Government maintained a
number of restrictions on the right of association. The September 12
constitutional amendments provide for a person to become a member of
more than one union in the same branch of work at the same time. Some
viewed this amendment as being in compliance with freedom of
association, while others complained that it was an effort to divide
the power of organized labor.
A minimum of seven workers are required to establish a new trade
union without prior approval. There are no restrictions on membership
or participation of persons or unions in regional, national, or
international labor organizations, but such participation must be
reported to the Government. Labor law prohibits union leaders from
becoming officers of or otherwise performing duties for political
parties, from working for or being involved in the operation of any
profit-making enterprise, and from displaying any political party logos
or symbols in any union or confederation publications. Unions are
required to notify government officials prior to holding meetings or
rallies (which must be held in officially designated areas) and to
allow government representatives to attend their conventions and to
record the proceedings; these requirements were usually enforced.
Official government statistics reported the employment rate in the
country as 43.6 percent. Although 58.9 percent of the labor force was
unionized, union officials noted that privatization of public industry
had lowered that figure substantially. Credible observers reported that
the actual number of unionized workers was only 600,000.
The September 12 constitutional amendments provide for the right to
strike and to engage in secondary (solidarity), political, or general
(involving multiple unions over a large geographical area) strikes or
in work slowdowns. The law prohibits strikes by civil servants; public
workers engaged in safeguarding life and property; and workers in the
coal mining and petroleum industries, sanitation services, national
defense, banking, and education. Labor disputes in these sectors were
resolved through binding arbitration. However, many workers in these
sectors conducted strikes in violation of these restrictions with
general impunity. The majority of strikes during the year were illegal
according to law; while some illegal strikers were dismissed, in most
cases employers did not retaliate. Unions sought to compel the
Government to enforce a 2008 ECHR decision that civil servants have the
right to strike.
The Ministry of Labor reported that, through September 30, there
were 12 strikes involving 38 workplaces.
At year's end, an investigation continued into the alleged 2009
beating of Tekgida-Is union member Ali Can Aykel.

b. The Right to Organize and Bargain Collectively.--The September
12 constitutional amendments provided for the right to collective
bargaining for public employees. However, diverse government
restrictions and interference limited the ability of unions to conduct
their activities, including collective bargaining. Approximately 1.3
million workers, or 5.4 percent of the workforce, were under collective
bargaining agreements. The law requires that, in order to become a
bargaining agent, a union must represent 50 percent plus one of the
employees at a given work site and 10 percent of all the workers in
that particular industry. This requirement favored established unions.
The International Trade Union Confederation (ITUC) claimed that the law
resulted in workers in many sectors not being covered by collective
agreements.
The law prohibits antiunion discrimination; however, such
discrimination occurred occasionally in practice. If a court ruled that
a worker was unfairly dismissed and should either be reinstated or
compensated, the employer generally paid compensation to the employee
along with a fine. ITUC reported that private-sector employers
sometimes ignored the law and dismissed workers to discourage union
activity.
There are no special laws or exemptions from regular labor laws in
the country's 19 free trade and export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
forced or compulsory labor, including by children; however, there were
reports that women, men, and minors were trafficked for commercial
sexual exploitation. Internal trafficking of citizens for both legal
and illegal prostitution was reported. Also see the Department of
State's annual Trafficking in Persons Report at www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--
There are laws to protect children from exploitation in the workplace;
however, the Government did not effectively implement them. The use of
child labor was particularly notable in agriculture, carpentry, the
shoemaking and leather goods industry, the auto repair industry, small-
scale manufacturing, and street sales. Some parents forced their
children to work on the streets selling tissues or food, shining shoes,
or begging.
The law prohibits the employment of children younger than 15 and
prohibits children under 16 from working more than eight hours a day.
At age 15, children may engage in light work, provided they remain in
school. The law provides that no person shall be required to perform
work unsuitable for their age, gender, or capabilities, and the
Government prohibits children from working at night or in areas such as
underground mining. The law prohibits school-age children from working
more than two hours per day or 10 hours per week.
The Ministry of Labor and Social Security effectively enforced
these restrictions in workplaces that were covered by the labor law,
which included medium- and large-scale industrial and service sector
enterprises. A number of sectors are not covered by the law, including
agricultural enterprises employing 50 or fewer workers, maritime and
air transportation, family handicraft businesses, and small shops
employing up to three persons.
Notwithstanding government enforcement of the law, child labor was
widespread. In a child labor survey conducted in the fourth quarter of
2006 and released in 2007, the State Statistical Institute reported
that there were 960,000 child laborers between the ages of six and 17.
This figure represented a decrease over previous years. The study found
that 84.7 percent of children between the ages of six to 17 attended
school and that the 31.5 percent of children in that age group who were
employed were also attending school at least part-time.
An informal system provided work for young boys at low wages, for
example, in auto repair shops. Girls were rarely seen working in
public, but many were kept out of school to work in handicrafts,
particularly in rural areas. According to the 2006 child labor survey,
40.9 percent of child labor occurred in the agricultural sector, with
52.4 percent of employed children working in rural areas, compared with
47.7 percent working in urban areas. Many children worked in areas not
covered by labor laws, such as agricultural workplaces with fewer than
50 workers or the informal economy. To combat this problem, the
Ministry of Education conducted a program in cooperation with the UN
Children's Fund designed to provide primary education for at-risk
girls. An educators union reported that one out of every 10 primary
school students in some regions of the country work in the agricultural
sector.
Children legally employed at small enterprises registered with a
Ministry of Education training center were required to go to the center
once a week for training, and the centers were obligated by law to
inspect their workplaces. According to data provided by the ministry,
there were 317 centers located in 81 cities; these centers provided
apprenticeship training in 153 occupations.
There were reports that children were trafficked for sexual
exploitation.
According to the U.S. Department of Labor's 2008 report on the
worst forms of child labor, approximately 50,000 children worked on the
street in 10 provinces. The Government identified the worst forms of
child labor as working in the streets, in industrial sectors where
their health and safety were at risk, and as agricultural migrant
workers.
The Social Services and Child Protection Institution operated 37
centers in 29 provinces to assist such children. The TNP operates a
hotline for reporting child exploitation and negligence. The TNP
initiated a project during the year to spot street children at risk and
direct them to education. In Ankara, the program provided vocational
training to 70 street children between the ages of 15 and 18.

e. Acceptable Conditions of Work.--The national minimum wage of
760.5 lira ($507) per month did not provide a decent standard of living
for a worker and family of four. All workers covered by the labor law
are also covered by the law establishing a national minimum wage. This
law was effectively enforced by the Ministry of Labor Inspection Board.
The Turk-Is labor confederation reported that the minimum wage was
insufficient, determining that a monthly minimum of 2,826 lira ($1,884)
per household was needed to stay out of poverty and to meet a family's
minimum basic needs. The OECD, on the other hand, indicated that the
national minimum wage takes insufficient account of regional variations
in productivity and living costs, and in any case it is among the
highest in the OECD when measured against the average wage, a fact the
OECD claims works against job creation in the official sector.
The law establishes a 45-hour workweek with a weekly rest day and
limits overtime to three hours per day for up to 270 hours a year.
Premium pay for overtime is mandated, but the law allows for employers
and employees to agree to a flexible time schedule. The Labor
Inspectorate of the Ministry of Labor effectively enforced wage and
hour provisions in the unionized industrial, service, and government
sectors, which covered approximately 12 percent of workers. Workers in
other sectors had difficulty receiving overtime pay, although by law
they were entitled to it.
The law mandates occupational health and safety regulations;
however, in practice the Ministry of Labor Inspection Board did not
carry out effective inspection and enforcement programs.
There were seven mining accidents during the year that caused the
deaths of 51 persons. A total of 15 workers were killed in shipyard
accidents during the year.
Workers have the right to remove themselves from situations that
endanger health or safety without jeopardy to their employment,
although reports of them doing so were rare. Authorities effectively
enforced this right.

__________

UKRAINE

Ukraine, with a population of 45.4 million, is a multiparty,
democratic republic with a presidential-parliamentary system of
government. The country is governed by a directly elected president, a
prime minister who heads the Cabinet of Ministers, and a unicameral
parliament (Verkhovna Rada). Two rounds of presidential elections held
in January and February were assessed by international and domestic
observers as having met most standards for openness and fairness. The
winner, former prime minister Viktor Yanukovych, was inaugurated on
February 25. On October 1, the Constitutional Court reinstated the 1996
constitution, a ruling that considerably strengthened the powers of the
president, including authority to dismiss unilaterally the prime
minister and other government ministers. In its ruling the court stated
that amendments to the 1996 constitution, which were passed in 2004 as
part of a compromise to end the mass protests of the Orange Revolution,
were unconstitutional because they were improperly adopted. Security
forces generally reported to civilian authorities.
Human rights problems included reports of serious police abuse and
deaths in custody, beatings, and torture of detainees and prisoners,
harsh conditions in prisons and detention facilities, arbitrary and
lengthy pretrial detention, and an inefficient and corrupt judicial
system. During the year there were reports of increased government
pressure on independent media outlets, limitations on freedom of
assembly, and the appearance of politically motivated prosecution of
opposition politicians. Corruption in government and society was
widespread. There were reports that the Government's security service
harassed and intimidated civil society organizations. There was some
violence and discrimination against women and children, and reports of
nonviolent incidents of anti-Semitism. Trafficking in persons continued
to be a serious problem. Societal discrimination and violence against
Roma, Crimean Tatars, and persons of non-Slavic appearance were
reported. There were reports of police harassment of the gay community.
Workers faced limitations on organizing and joining unions and on their
ability to bargain collectively.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed any politically
motivated killings; however, two persons died in police custody after
allegedly being abused.
On May 18, college student Ihor Indylo died in police custody at
the Shevchenkivsky District police station in Kyiv. Police
representatives claimed that Indylo fell on the floor and sustained
lethal head injuries because he was drunk. Indylo's relatives claimed
that he was beaten by police. In October prosecutors charged officers
Serhiy Prykhodko and Serhiy Kovalenko with negligence and abuse of
office, including failure to determine if Indylo's detention was legal
and to arrange surveillance while in custody. According to Idylo's
mother and attorney, the charges against the police officers do not
address how Ihor sustained the injuries which they claim led to his
death. The case continued at year's end.
On September 10, the media reported that detainee Mykhaylo Stadnyk
died at a district police department in Lviv. Stadnyk's relatives
described multiple bruises on his body, which they asserted were a
clear sign that he was tortured by police. Police representatives
denied the claim, suggesting that Stadnyk was drunk and injured himself
prior to his detention. The Lviv Oblast Prosecutor's Office ordered an
additional forensic examination of the body to ascertain the cause of
his death. The results of the investigation were pending at year's end.
On December 23, the trial of Viktor Lozynskiy began at Dniprovsky
District Court in Kyiv. Lozynskiy, a former member of parliament, was
charged in connection with the June 2009 death of Valeriy Oliynyk of
Kirovohrad Oblast. According to police reports at the time, Lozynskiy
and two other local officials pursued Oliynyk into a wooded area where
they assaulted him, broke his leg, and shot him multiple times. The two
officials were arrested and dismissed from their posts.
There were few developments in the Government's ongoing
investigation of the 2004 dioxin poisoning of then opposition
presidential candidate Viktor Yushchenko. In a December 10 interview
with the Segodnya newspaper, Prosecutor General Viktor Pshonka stated
that his office had requested new blood samples from Yushchenko because
the original ones were improperly secured prior to expert examination
and could not be used as credible evidence. Pshonka claimed he could
not rule out that there was no poisoning. On April 13, parliament
terminated the authority of a commission investigating the poisoning
for failing to meet reporting deadlines. Yushchenko's spokeswoman
described the move as a ``natural step,'' adding that the commission,
chaired by Party of Regions member of parliament Volodymyr Sivkovych,
had spread false information about the poisoning. On April 15, then
prosecutor general Oleksandr Medvedko told the Kommersant-Ukrayina
newspaper that, without identifying those who poisoned Yushchenko, one
could not determine whether the poisoning was deliberate or not.
On September 13, the Prosecutor General's Office (PGO) announced
its finding that the killing of investigative journalist Heorhiy
Gongadze in 2000 was ordered by Yuriy Kravchenko, the late interior
minister who died in 2005 under suspicious circumstances from two
gunshots to the head. Kravchenko's death was labeled a suicide. In July
2009 authorities arrested Oleksiy Pukach, a former senior ministry of
internal affairs official, in connection with the Gongadze killing.
Prosecutors alleged that Pukach led a group of police officers who
abducted and killed Gongadze. At year's end prosecutors stated they had
completed a pretrial investigation of the charges against Pukach and
would deliver their findings to a court. Valentyna Telychenko, an
attorney for Myroslava Gongadze, the widow of the slain journalist,
stated the PGO had not allowed her to review the Pukach case files
before they were sent to court. The PGO denied the claim, stating that
Telychenko had ignored an invitation to review the materials. Pukach's
trial had not started at year's end.
In 2008 three police officers were convicted and sentenced to long
prison terms for Gongadze's killing. However, members of his family and
journalists who investigated the killing continued to maintain that
Kravchenko and Pukach acted on orders from senior government officials
in the administration of former president Kuchma who wanted to silence
the outspoken journalist.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The constitution and the law prohibit such practices;
however, there were reports that police continued to abuse and torture
persons in custody.
For example, the Ukrainian Helsinki Human Rights Union (UHHRU), a
nonprofit coalition of human rights organizations, reported that during
the year it had received 172 complaints of torture and abuse. Of that
number, 90 complaints pertained to torture and abuse committed by
police.
On August 16, Yakov Strogan was arrested by police in Kharkiv
following an argument with his neighbor. He was detained for four days
during which he alleged he was tortured. He appealed his detention to
the prosecutor's office, held a press conference, and participated in
hearings on his allegations. On December 9, Strogan was summoned to the
Prosecutor's Office and arrested again. According to the local Kharkiv
Human Rights Group, Strogan was brought to court the following day with
signs that he had been beaten. The judge ruled to remand Strogan to
custody, where he remains. Human rights groups and Strogan's wife
called for his immediate release and an investigation into his
treatment while in custody.
On December 16, Human Rights Watch (HRW) issued a report stating
that asylum seekers and migrants in the country ``risk abusive
treatment and arbitrary detention.'' Although torture was ``not
systemic,'' the testimonies of refugees, migrants and asylum seekers
indicated that it did sporadically occur. While conditions in some
migration detention facilities improved, detainees alleged that inhuman
or degrading treatment, including beatings, kicking, and food
deprivation occurred. ``All of these abuses took place in a climate of
impunity, with victims fearful of reporting the abuse and perpetrators
not held to account,'' the report stated.
Police officers were often poorly trained or equipped to gather
evidence through investigations and depended on confessions to solve
cases. The law does not clearly prohibit confessions or other
statements made under duress from being introduced as evidence in court
proceedings. Efforts to check these practices were made more difficult
by an ineffective system for investigating allegations of abuse and by
detainees' lack of access to defense lawyers and doctors.
In a February 2009 report, the UN Working Group on Arbitrary
Detention cited multiple concerns based on a monitoring visit in 2008
to 21 facilities in eight cities. Among them were ``numerous,
consistent, and often credible allegations from various sources...of
confessions obtained under torture from detainees of the militsia, the
Ukrainian police force.'' The working group also noted that there was a
low acquittal rate by the PGO when it was presented with well-founded
accusations that incriminating evidence was obtained by methods that
violated proper criminal procedures. For example, of some 100,000 such
complaints registered in 2008, the prosecutor general considered 30 to
be violations. According to the working group, ``impunity for
perpetrators of ill-treatment largely prevails.''
During the year the European Court of Human Rights (ECHR) issued 11
decisions against the country for violation of Article 3 (inhuman or
degrading treatment) of the European Convention of Human Rights. This
compared with nine violations in 2009 and four in 2008.
During the year the media reported several cases of police abuse.
For example, on April 1, UNIAN reported that the Odesa Oblast
Prosecutor's Office and the State Security Service of Ukraine (SBU)
detained five police officers in the Rozdilna District after examining
a complaint that two local residents had been detained on suspicion of
theft and tortured. According to the report, the prosecutor established
that the victims had been beaten and electrocuted and opened a criminal
case to investigate the torture allegations.
On December 21, UNIAN reported that the Lviv Oblast Prosecutor's
Office completed its investigation and forwarded to court a criminal
case against two police officers of the Sambir District police
department who beat three detainees in an attempt to extract
confessions from them.
During the year authorities prosecuted police officers who had
allegedly abused persons in detention.
According to the Prosecutor's General Office, during the first nine
months of the year, 39 criminal cases of police torture or inhuman and
degrading treatment and were opened, and 28 cases involving 68 law
enforcement officers were sent to court.
According to the Ministry of Internal Affairs, during the first
nine months of the year, 520 criminal cases were opened against police
officers. Of them, 418 were linked to abuse of office, of which 91
involved abuse of power. The other charges included 98 cases of
exceeding authority, 101 cases of forgery, 16 cases of negligence, and
112 cases of bribery. According to the PGO, 26 law enforcement
personnel were convicted of torture or inhuman treatment during the
first nine months of the year.
According to Semen Gluzman of the Ukrainian Psychiatric Association
(UAHRB), patients in mental health facilities remained at risk for
abuse, and many psychiatric hospitals continued to use outdated methods
and medicines. According to the UAHRB, insufficient funding, the
absence of public watchdog councils at psychiatric hospitals, patients'
lack of access to legal counsel, and poor enforcement of legal
protections deprived patients with disabilities of their right to
adequate medical care.
In April, Andriy Fedosov reported that an investigation by his
group, Uzer (Ukrainian Organization of Users of Psychiatric Care), had
uncovered poor living conditions and physical abuse in psychiatric
hospitals in Crimea. Following the release of his findings, Fedosov
received threatening phone calls and was beaten. According to human
rights groups, police failed to investigate the threats and attack on
Fedosov.
In December, Amnesty International highlighted the case of trade
unionist Andriy Bondarenko, who was ordered to undergo a psychiatric
examination despite no history of mental illness. Human rights groups
claimed that Bondarenko was targeted for his trade union and human
rights work. Investigators closed the case against Bondarenko without
bringing charges but the court order to undergo an examination had not
been rescinded at year's end.
There were reports of military hazing violence against conscripts
in the armed forces. On January 28, a military court in Sevastopol
handed down suspended prison sentences to two soldiers who beat a
conscript in December 2009. According to the State Judicial
Administration, 76 hazing-related guilty verdicts were issued in the
first six months of the year. The PGO confirmed that in the first nine
months of the year, 151 servicemen were convicted of hazing, and 115
hazing-related criminal cases involving 127 servicemen were forwarded
to the courts.

Prison and Detention Center Conditions.--Prison and detention
center conditions remained poor and generally did not meet
international standards. Overcrowding; abuse; inadequate sanitation;
and lack of light, food, water, and medical care were persistent
problems. The Government permitted monitoring visits by independent
human rights observers, and such visits occurred during the year.
During the year human rights groups continued to call for full
civilian oversight of the State Penitentiary Directorate by
subordinating it to the Ministry of Justice. According to the UHHRU,
the absence of rigorous and impartial public oversight in facilities
controlled by the penitentiary directorate allowed for abuse of
prisoners and poor conditions.
On January 21, the parliament amended the penal code, prohibiting
racial, ethnic, religious, and other types of discrimination against
inmates at penitentiary institutions. It added additional groups to a
list of individuals authorized to visit penitentiary institutions
without special permission, including the justice minister, members of
the Council of Europe's Committee for the Prevention of Torture (CPT),
and members of civic commissions monitoring prison conditions. The
legislation also eased restrictions for prisoners serving life sentence
and inmates of correctional centers. According to the amendments, which
are scheduled to go into effect in 2012, the minimum living area per
inmate at penitentiary facilities shall be increased from 32 square
feet to 43 square feet.
As of October 1, according to the latest available statistics from
the State Penitentiary Directorate, 152,315 persons were being held in
facilities under its control; of these 39,137 were in pretrial
detention facilities. During the first nine months of the year, 584
individuals died in custody, of which 33 were suicides and one a
homicide.
According to the Ministry of Internal Affairs, approximately
198,400 persons were held in police-controlled temporary holding
facilities during the first nine months of the year. The ministry
confirmed 14 deaths in these facilities; 10 were reported to be by
suicide and four due to illness.
On May 20, the Government's human rights ombudsman, Nina
Karpachopva, expressed concern over the increasing number of detainees
in pretrial detention facilities controlled by the State Penitentiary
Directorate in Kyiv, Simferopol, Donetsk, Kharkiv, and Odesa. For
example, 3,900 persons were held at Kyiv's Lukyanivsky detention
center, which has capacity for 2,850. As a result, 2,100 detainees were
forced to rotate their sleeping places with cellmates. Karpachova
emphasized the need to amend government regulations to comply with the
penal code by increasing the minimum living area per inmate at
penitentiary facilities from 32 square feet to 43 square feet. Average
space for a detainee at pretrial detention facilities was 27 square
feet. Karpachopva cited a number of additional problems including old
facilities that lacked ventilation, insufficient water supply, adequate
lighting, and proper sewage and sanitary systems. These facilities
frequently violated regulations limiting the length of detention and
did not guard against the spread of tuberculosis and other infectious
diseases.
On December 16, the PGO published a report about overcrowding of
pretrial detention facilities of the State Penitentiary Service.
According to the report, the situations at detention facilities in the
Crimea, Donets, Luhansk, Kharkiv, and Kherson Oblasts, and in Kyiv,
were described as ``especially difficult.''
According to the State Penitentiary Directorate (SPD), an estimated
659 persons in custody had HIV-associated tuberculosis. In tuberculosis
hospitals controlled by the prison department, 42 percent of patients
were terminally ill with tuberculosis, and 44 percent were terminally
ill with AIDS. The State Penitentiary Directorate acknowledged that
tuberculosis was a major communicable disease in its facilities because
of poor conditions and inadequate medical resources for examining and
treating tuberculosis-infected persons in pretrial detention
facilities.
During the period from January to September, the number of prison
inmates with tuberculosis declined by 5 percent compared to the same
period in 2009 (from 747.6 per 100,000 inmates in 2009 to 709.7 in
2010). However, during the same time period, the number of such inmates
at SPD pretrial detention facilities grew by 8 percent compared to the
January-September period in 2009 (from 730.2 per 100,000 inmates in
2009 to 789.3)
Authorities stated that mandatory screening of all new inmates for
tuberculosis helped to reduce infection rates; human rights
organizations stated the presence of X-ray machines in several prison
facilities was a positive development.
Conditions in police temporary holding facilities and SPD pretrial
detention facilities were harsher than in low- and medium-security
prisons. The former were often overcrowded and lacked adequate
sanitation and medical facilities. As of October 1, according to the
SPD, more than 309 individuals serving life sentences were held in
pretrial detention facilities.
There were occasional media reports of self-inflicted injuries and
violent incidents in prisons and detention centers to protest poor
conditions. For example, on May 11, the Vinnytsya Human Rights Group
reported that five inmates at the Kuryazh correctional institution for
minors in the Kharkiv Oblast cut their veins to protest abuse by
administration of the facility.
Prisoners generally had access to visitors and were permitted
religious observance, although those facing disciplinary actions were
barred from receiving visitors. Prisoners and detainees were also
allowed to file complaints with the ombudsman about conditions in
custody, but human rights organizations noted that prison officials
continued to censor or discourage complaints. By law the prosecutor and
ombudsman were obliged to disclose the names of inmates who filed
complaints to prison and police authorities.
The Government allowed independent monitoring of prison conditions
and detention centers by local and international human rights groups.
However, according to local human rights activists, mobile monitoring
groups made only a few visits during first three months of the year
because newly appointed police chiefs impeded their work by refusing to
grant permissions for site visits.
In September 2009 a delegation of the CPT carried out a two-week
visit to the country. It was the CPT's fifth visit since 1998. At
year's end, the CPT did not yet release a report of its findings during
the 2009 visit.
On March 18, the new minister of internal affairs, Anatoliy
Mohylyov, reduced the ministry's Human Rights Monitoring Department
from 31 positions to five. On March 29, President Yanukovych called the
reduction ``ill-considered'' and called on Mohylyov to rescind it. On
June 17, in a letter to UHHRU, Mohylyov described his decision as
internal restructuring to improve police response to human rights
violations and stated the move would reduce government expenditures and
avoid a duplication of efforts. Monitoring would be conducted by
freelance advisers and consultants who would assume some of the duties
of dismissed personnel. However, according to UHHRU, none of its 29
member nongovernmental organizations (NGOs) were invited to consult
with the new minister on the restructuring, and the minister of
internal affair's civic advisory council did not meet during the year,
despite numerous calls by its members to do so. All 26 regional human
rights assistants that conducted mobile monitoring of human rights
conditions were fired.
On December 9, the president issued a decree to reorganize the
State Penitentiary Service within the State Penal Department. However,
as of year's end, it was too early to assess whether the reorganization
would have any impact on conditions in prison and detention centers.

d. Arbitrary Arrest or Detention.--The constitution and the law
prohibit arbitrary arrest and detention; however, in practice problems
remained.
There was a sharp increase in charges brought against opposition
politicians after the appointment of a new prosecutor general on
November 4, giving rise to the appearance of selective and politically
motivated prosecution by the Yanukovych government. Between November 1
and December 31, prosecutors brought charges against former prime
minister Yulia Tymoshenko and more than eight high-level members of her
government for abuse of office and/or misuse of state funds during
their tenure. The questioning of accused individuals by government
prosecutors, which often lasted for hours at a time over a period of
several days, and the denial of bail in certain cases further
exacerbated the perception of politically motivated prosecution (see
section 4). The Government contended that the prosecutions were not
targeting the opposition, and that there were many ongoing
investigations of members of the governing party; however, with only a
few exceptions these were low-level, career officials.
On December 12, the UHHRU and the Kharkiv Human Rights Group issued
a statement that the Government's criminal prosecutions were only aimed
at members of the opposition. As a result, the Government's actions
``spell the effective use of criminal court proceedings for political
ends. and run counter to democratic values based on equality of all
before the law and undermines the foundations of criminal justice,''
the statement said.
On December 26, police detained former interior minister Yuriy
Lutsenko in Kyiv on allegations of embezzlement, abuse of office, and
forgery. The appeals court denied his petition for bail and approved
the prosecutor general's request for a two-month detention. Local human
rights observers and opposition commentators described Lutsenko's
arrest as politically motivated, given the administrative nature of his
alleged offenses. Lutsenko alleged that the prosecutor's office ignored
his constitutional rights throughout the investigation, in particular,
delaying access to and denying time to review case materials and
creating other ``artificial barriers'' to his right to become
acquainted with the case. Lutsenko remained in jail at year's end, and
his attorney filed a case with the ECHR.
Police also questioned several civil society activists following
the tax protests in November in Kyiv in which small-business owners
protested outside the parliament against tax reforms proposed by the
Government. At year's end at least three protesters remained in custody
on charges of damaging public property on Independence Square, where
the demonstrators had erected tents. Other protest leaders remained
free but were subject to travel restrictions (see section 2.b).

Role of the Police and Security Apparatus.--The Ministry of
Internal Affairs is responsible for maintaining internal security and
order; it oversees the police (militsia) and its own armed troops. The
SBU, which is responsible for internal intelligence and protecting
state security, reports directly to the president. The State Tax
Administration, which exercises law enforcement powers through the tax
police, is accountable to both the president and the cabinet.
The law provides for civilian control of the army and law
enforcement agencies and authorizes members of parliament to conduct
investigations and public hearings into national security and defense
issues. The human rights ombudsman is also authorized to initiate
investigations into the relevant activities of security forces.
On September 24, the NGO Democratic Alliance issued a statement
chronicling what it described as ``pressure and intimidation'' at its
district branches by the SBU and the Ministry of Internal Affairs. On
June 12, an SBU officer approached the chairman of the organization's
Mykolayiv Oblast branch, Yuliya Hrechka, seeking information about its
activities. Three days later, SBU and Ministry of Internal Affairs
representatives met with Tayisiya Plakhuta, the head of the Democratic
Alliance's Cherkasy Oblast branch, to ask about the organization's
future plans, its national leaders, and implied that she should cancel
future activities. In late July the leader of the Democratic Alliance
in Chernihiv, Ihor Andriychenko, received a telephone call from a
person who introduced himself as an SBU officer and asked about the
activities of the local Democratic Alliance branch, including the
number of its registered members.
On October 4, following a visit to the country, corapporteurs
Renate Wohlwend and Mailis Reps of the Parliamentary Assembly of the
Council of Europe (PACE) expressed concern about the role of the SBU in
monitoring civil society. In an addendum to a September 9 PACE report
on the functioning of democratic institutions in the country, they
wrote: ``The role of the Security Services of Ukraine and its apparent
involvement in the domestic political environment has become
increasingly problematic and a matter of concern. We have received
numerous, often substantiated and credible, reports of pressure by the
SBU on journalists, politicians, and civil society activists or on
people or businesses close to them. This is not acceptable in a
democratic society.''
On December 23, the coordinator of the Vinnytsya Human Rights Group
(VHRG), Dmytro Groisman, was charged with desecration of state symbols
and disseminating pornography. Human rights groups labeled the charges
as politically motivated and harassment of Groisman for his group's
work to protect refugees. The charges followed the October search of
the VHRG's offices, during which police confiscated financial documents
and other material relating to refugees the group was assisting. The
police also confiscated correspondence between the group and the ECHR.

Arrest Procedures and Treatment While in Detention.--By law
authorities may detain a suspect for three days without a warrant,
after which an arrest order must be issued. The courts may extend
detention without an arrest warrant for an additional 10 days and
thereafter grant extensions for a maximum of 18 months. The law permits
citizens to contest an arrest in court or appeal it to the prosecutor.
The law requires that detained persons be informed of their rights and
that officials notify family members immediately concerning an arrest;
however, in practice police did not follow the procedures required by
law.
Lengthy pretrial detention was a serious a problem. Individuals
often remained in pretrial detention for months or, in some cases,
years. There were unsanctioned arrests, and investigative police at
times failed to keep records or register detained suspects. According
to domestic human rights organizations, the investigation process took
four to five months on average.
Human rights organizations reported that police continued to use
detention arbitrarily to extract evidence that could be used against
detainees. Courts often extended detention to 10 days or more to allow
police more time to obtain confessions. In October 2009, in a speech at
a conference on police violence sponsored by the Kharkiv Human Rights
Group (KHRG), Denys Kobzin, director of the Kharkiv Institute of
Sociological research, reported that approximately 40 percent of
detainees were held longer than the legally allowed three days.
The February 2009 report by the UN Working Group on Arbitrary
Detention noted the following problems: the continued practice of
detaining until trial persons suspected of minor crimes; a perceived
lack of independent and effective control by the judiciary over the
detention process; and unlawful restrictions on pretrial detainees,
such as denying them contact with their families before court trials.
The law stipulates that a defense attorney must be provided without
charge to indigent detainees from either the time of detention or the
filing of charges. However, in practice this often did not occur. There
were insufficient defense attorneys to protect suspects from unlawful
and lengthy detention. Attorneys often refused to defend indigents for
the low payment the Government provided.
The law provides for bail, but it was rarely used. Many defendants
could not pay imposed bail amounts. Courts sometimes imposed travel
restrictions as an alternative to pretrial confinement. However, they
generally opted to place individuals in detention.

Amnesty.--Before leaving office in February former president
Yushchenko pardoned 130 persons. There was no information about amnesty
or pardons that President Yanukovych may have granted during the year.

e. Denial of Fair Public Trial.--The constitution and law provide
for an independent judiciary; however, in practice the judiciary
remained subject to political pressure, suffered from corruption and
inefficiency, and lacked public confidence.
The right to a fair trial was limited by lengthy court proceedings,
particularly in administrative courts, and by political pressure on
judges, inadequate court funding, a shortage of qualified legal
assistance for defendants, and the inability of courts to enforce their
rulings. Judges also continued to complain about pressure from high-
ranking politicians seeking improper resolution of cases.
The president has the authority, with the agreement of the Minister
of Justice and the chair of a corresponding higher court, to establish
and abolish courts of general jurisdiction, and establishes appellate
commercial and appellate administrative courts. Until August, the
president also determined the number of judges in the court system, and
appointed and removed chairpersons and deputy chairpersons of courts.
During the year the ECHR issued 15 judgments that found the country
in violation of Article 6 (right to a fair trial) of the European
Convention on Human Rights. This compared with 69 judgments issued
during 2009 and 61 judgments in 2008. In addition, the ECHR issued
judgments that found 60 violations regarding length of proceedings and
43 violations regarding the right to liberty and personal security,
compared with 35 and 27 judgments, respectively, in 2009, and 32 and 14
in 2008.
All courts, except for the Supreme Court, were funded through the
State Judicial Administration, which was also responsible for staffing.
The Ministries of Justice and Education were responsible for training
judges. The judiciary's lack of adequate staff and funds contributed to
inefficiency and corruption and increased its dependence on the
executive branch.
On May 31, President Yanukovych issued a decree appointing SBU
Chief Valeriy Khoroshkovsky as a member of the High Council of Justice,
a move that was widely criticized by legal experts and civil society
leaders. On December 16, following months of criticism about the
apparent conflict of interest, the president issued a follow-up decree
dismissing Khoroshkovsky from the council, stating that he did so at
Khoroshkovsky's request.
On July 7, parliament adopted a new Law on the Judicial System and
Status of Judges. Under the law a new High Specialized Court for
Examination of Civil and Criminal cases was established, which greatly
reducing the powers of the Supreme Court and the number of Supreme
Court justices. The legislation also gave the 20-member High Council of
Justice a more prominent role in nominating and dismissing judges,
chairpersons and deputy chairpersons of courts except for the Supreme
Court. Under the law the number of judges in a court is determined by
the Minister of Justice upon the proposal of the State Judicial
Administration.
In their addendum to the PACE report on October 4, corapporteurs
Wohlwend and Reps highlighted concerns expressed by the opposition and
other interlocutors over the enlarged powers of the High Council of
Justice. They noted the Venice Commission's statement that the
legislation creates ``an evident danger of politically motivated
nominations to the High Council of Justice guided by political
considerations.''
Human rights activists and legal experts criticized the legislation
for undermining the independence of the judiciary. On July 12, in an
open letter to the president, Supreme Court Chairman Vasyl Onopenko
warned that the new legislation would increase political pressure on
judges.
On September 14, the president signed a decree abolishing appellate
military courts and local military courts. Legal experts welcomed the
abolition.
On September 21, four new justices appointed by President
Yanukovych to the 18-member Constitutional Court were sworn in to begin
nine-year terms, a move that legal observers noted gave the president a
majority of loyal judges who would be more sympathetic to his
proposals. The appointments followed the resignation of four
Constitutional Court justices days earlier, at least one of whom stated
that he was put under pressure to resign.
On October 1, the Constitutional Court in a closed-door ruling
announced that amendments adopted during the 2004 Orange Revolution to
the 1996 constitution were unconstitutional because procedures used to
adopt them violated the constitution. The court reinstated the 1996
constitution, which granted greater powers to the presidency.
In their October 4 report addendum, PACE corapporteurs Wohlwend and
Reps stated: ``The fact that these four newly appointed judges
reportedly tipped the decision in favor of Mr. Yanukovych will only add
to the controversy surrounding this (Constitutional Court) decision and
allegations that the current authorities intend at all cost to
monopolize power in the country. ``

Trial Procedures.--The constitution includes provisions for a fair
trial, including the right of suspects or witnesses to refuse to
testify against themselves or their relatives; however, these rights
were limited by the absence of implementing legislation, which left a
largely Soviet-era criminal justice system in place. Defendants are
presumed innocent; however, high conviction rates called that
assumption into question.
The constitution provides for juries, but a jury system has not
been implemented. Most cases are decided by judges who sit alone,
although trials on charges carrying a maximum sentence of life
imprisonment, the highest penalty in the criminal justice system, were
heard by two judges and three public assessors who have some legal
training.
By law a trial must begin no later than three weeks after criminal
charges are filed with the court; however, this requirement was rarely
met by the overburdened court system. Months could pass before a
defendant was brought to trial. Complicated cases could take years to
go to trial.
The law specifies that a defendant may consult a lawyer in private;
however, human rights groups reported that officials occasionally
denied this attorney-client privilege. The law also requires free legal
counsel for all defendants, but free counsel was often unavailable.
To protect defendants, investigative files must contain signed
documents attesting that defendants were informed of the charges
against them, of their right to an attorney at public expense, and of
their right not to give evidence against themselves or their relatives.
Appeals courts may dismiss convictions or order new trials if these
signed documents are missing; however, officials sometimes verbally and
physically abused defendants to obtain their signatures.
By law trials are held in public, and defendants have the right to
confront witnesses. However, courtroom space was often limited, and
media personnel were at times not able to attend and report on court
proceedings.
The law permits the names and addresses of victims and witnesses to
be kept confidential if they were at risk of being intimidated into
withdrawing or changing their testimony. The law requires that a
special police unit protect judges, witnesses, defendants, and their
relatives, but human rights organizations claimed that this system
continued to be ineffective.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Civil Judicial Procedures and Remedies.--The constitution and laws
give citizens the right to challenge any decisions, actions, or
omissions of national and local government officials that violate their
human rights. However, the right of redress was limited by an
inefficient and corrupt judicial system.
Potential victims may also file a collective legal challenge to
legislation that they believe may violate basic rights and freedoms.
Citizens may appeal to the human rights ombudsman and may take cases to
international bodies, such as the ECHR.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The constitution prohibits such actions; however, in
practice authorities generally did not respect these prohibitions.
By law the SBU may not conduct surveillance and searches without a
court-issued warrant. The PGO has the constitutional responsibility to
ensure that all law enforcement agencies observe the law. Citizens have
the legal right to examine any dossier concerning them in the
possession of the SBU and the legal right to recover losses resulting
from an investigation. However, authorities generally did not respect
these rights in practice because implementing legislation had not been
enacted, and many citizens were not aware of their rights or that their
privacy had been violated by authorities.
On March 13, UNIAN reported that, during a meeting of the
interagency coordinating council to combat corruption and organized
crime, SBU chief Valeriy Khoroshkovsky requested the Supreme Court to
allow courts to sanction with one approval the monitoring of all
telephone numbers rather than one telephone number of a suspect. The
Supreme Court approved the request on June 4. Supreme Court Chairman
Vasyl Onopenko stated that, on average, courts issue 20,000 such
approvals every year. However, despite increased surveillance activity,
he stated there was no discernible improvement in the number of solved
criminal cases or their quality. Human rights groups expressed concern
that the SBU may abuse such court approvals to intercept telephone
conversations of the Government's critics.
On July 5, the Lviv-based newspaper Vysokyi Zamok quoted its
sources as stating that district state administrations in the Lviv
Oblast were gathering information about political affiliation of local
business managers and self-government representatives, the ``degree of
their influence on voters, `` and their preferred candidate in the
recent presidential election.
In 2009 there were some media reports of allegations of privacy
interference and illegal surveillance by government authorities. For
example, the weekly newspaper Dzerkalo Tyznia reported in April 2009
that appeals courts reviewed 25,086 requests by law enforcement
agencies (mostly by the SBU, the Ministry of Internal Affairs, and tax
police) for permission to intercept information, seize correspondence,
or use other technical means to obtain information. According to
newspaper, these types of requests amounted to restrictions of the
constitutional rights of citizens.
During the year the ECHR issued six judgments that found violations
by the country of the right to respect for family and private life
under Article 8 of the European Convention on Human Rights, compared
with four in 2009, and one in 2008.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The constitution and laws provide
for freedom of speech and of the press; however in practice government
pressure on the media intimidated journalists and media owners in some
cases into practicing self-censorship. Following changes in government
leadership after the presidential elections, there were numerous
reports that central authorities attempted to direct media content.
There were also reports of intimidation and violence against
journalists by national and local officials.
Individuals could criticize the Government publicly and privately,
and independent and international media were active and expressed a
wide variety of opinions.
Private media outlets generally operated free of direct state
control or interference; however, both independent and state-owned
media increasingly demonstrated a tendency toward self-censorship on
matters that the Government deemed sensitive. Although private
newspapers operated on a commercial basis, they often depended on their
owners (political patrons or wealthy businessmen with government
connections) for revenue and did not enjoy editorial independence.
According to the Ukrainian Association of Press Publications, in
2009 approximately 4,200 print publications were regularly published in
the country. Among them were 2,400 newspapers (including 52 dailies)
and 1,700 magazines, with 1,550 having primarily nationwide
distribution.
On March 11, President Yanukovych appointed Valeriy Khoroshkovsky
as head of the SBU. Khoroshkovsky was also the de facto owner of Inter
Media Group, the parent company of Inter TV, the most popular news and
entertainment channel in the country. According to Khoroshkovsky, his
wife controlled the company and its operations.
On April 2, President Yanukovych disbanded the national free speech
commission that had been an official part of the Office of the
President. On April 20, the commission decided to continue as a self-
governed and independent expert body with the purpose of implementing
European media standards in the country.
Beginning in April, international observers and media watchdog
groups issued a range of statements expressing concern about the
deterioration of media freedom. For example, on April 15, Reporters
without Borders expressed ``dismay and alarm'' over the status of press
freedom since the January-February presidential elections. On April 29,
the EU released a statement on media freedom in the country that voiced
concern over cases of harassment and violence against journalists.
According to the Institute for Mass Information (IMI), a local,
nonprofit media-watchdog, at least 33 journalists and publications were
subjected to physical attacks or intimidation during the first nine
months of the year, compared with 31 incidents reported in 2009. As in
the previous year most cases occurred at the local level and were often
attributed to individual politicians, businessmen, or organized
criminal groups.
On March 23, unknown assailants severely beat Vasyl Demyaniv, chief
editor of the Kolomyiskyi Visnyk newspaper in Kolomyia. Demyaniv stated
he believed the attack was related to his media activities.
On April 8, police officers ejected television reporter Serhiy
Kutrakov of Novyi Kanal from an exhibition at the Ukraine House in
Kyiv. Kutrakov filed a legal complaint, but a Kyiv court on July 12
rejected it. Kutrakov appealed the court decision, which was pending at
year's end.
On April 12, an unidentified man beat Boris Braginskyi, a reporter
for 9 Telekanal in Dnipropetrovsk, outside of his apartment. Braginskyi
stated he believed the attack was related to his work because the
assailant did not take any of his belongings.
On June 15, there was a scuffle between STB television journalist
Serhiy Andrushko and President Yanukovych's security detail at the Agro
2010 exhibition. The guards did not admit Andrushko to the exhibition.
When he asked for their names, and stated he would record them with his
mobile phone, the guards twisted his hands behind his back and threw
him onto the ground. The State Guard Directorate later apologized to
Andrushko for unwarranted use of force. He filed a complaint over the
incident, but it was denied.
On August 11, Vasyl Klymentyev editor in chief of the newspaper
Novy Styl, disappeared in Kharkiv and was presumed dead. The paper had
written about corruption among law enforcement officers and others in
the Kharkiv region. On August 20, President Yanukovych took personal
control of the case and ordered top law enforcement officials to make
every effort to find him. However, at year's end little progress on the
case was reported.
There also were numerous expressions of concern and public protests
by local activists, journalists, and NGOs against what they
characterized as a return to censorship.
On May 21, over 200 media representatives and community activists
meeting in Kyiv launched the ``Stop Censorship!'' movement to resist
all efforts at censorship, including self-censorship, by media owners.
In the weeks leading up to ``Stop Censorship!'' protests, journalists
at two popular television stations, 1+1 and STB, released letters
protesting censorship by station management, claiming that management
either blocked or interfered with reports about the political
opposition as well as news critical of the Yanukovych administration.
On May 27, the news Web site Forum proUA reported that 41 percent
of newspaper publishers interviewed by the Association of Independent
Regional Publishers stated the publishing business had become more
difficult in April due to government interference, pressure on
journalists and editors, and vendors refusing to disseminate
publications critical of the authorities.
On June 4, visiting PACE Monitoring Committee corapporteurs
Wohlwend and Reps stated that they had received reports of an
increasing number of violations of human rights and the right of
freedom of speech.
On June 8, a Kyiv court ruled in a case brought by the Inter Media
Group that broadcast licenses had been improperly awarded in January to
independent stations TVi and Channel 5. The channels accused SBU Chief
Khoroshkovsky, the de facto owner of Inter Media Group and Inter TV, of
using his position to influence the court's decision. There were
counter allegations that TVi and Channel 5 had paid bribes to receive
the additional licenses. On August 30, an appeals court upheld the
decision and went beyond the original ruling by stripping TVi of all
its broadcast licenses, which it had renewed along with the new
licenses in January.
On July 27, Walid Arfush, the deputy head of UT-1, the national
state television company, stated in an interview that the channel had a
duty to report on the activities of the Government in a positive light.
``There is a lot of talk about creating a public television station,
and some say that UT-1 should not be connected with the authorities.
But I think UT-1 should be partisan in favor of the authorities,''
Arfush was quoted as telling UNIAN.
On August 18, the state tax administration in Crimea froze the bank
accounts of Chernomorskaya TV for alleged financial violations
involving barter deals. Chernomorskaya TV is an independent,
opposition-owned station known for its criticism of local and national
authorities. The station was previously in conflict with local
authorities in 2006 and 1999.
On September 1, Reporters without Borders released a report based
on a three-day fact-finding mission to the country in July. The report,
Temptation to Control, described numerous incidents of violence and
harassment against journalists and media companies. The report also
emphasized the conflict of interest between Khoroshkhovsky's status as
both SBU chief and media owner.
On September 9, the Council of Europe's PACE report on the
Functioning of Democratic Institutions in Ukraine also expressed
concern about developments that could undermine media freedom and
pluralism and called on authorities to ``refrain from any attempts to
control directly or indirectly the content of reporting in national
media.''
On October 13, following a two-day visit to the country, Dunja
Mijatovic, the media freedom representative of the Organization for
Security and Cooperation in Europe (OSCE), noted public assurances by
the authorities to preserve media freedom, but cautioned that results
were lacking. She stated that recent cases of violence and intimidation
of journalists, including the August 11 disappearance of Novy Styl
reporter Vasyl Klymentyev and physical attacks against journalists had
a ``chilling effect on the media climate.''
According to local media NGO IMI, private agreements exist between
the authorities and media owners to restrict media content. For
example, to preserve their business assets owners instruct their
television channels and publications to avoid criticism of the
president and his administration. The IMI also stated that communal and
municipal state-funded media are under huge pressure. Print materials
have to praise local governors, and often the articles must be approved
by the corresponding local headquarters of the ruling Party of Regions.
The IMI also emphasized that political parties frequently ordered
placement of stories in regional print media while law enforcement
agencies did not investigate this breach of law. Some journalists
maintained that low salaries encouraged some reporters to supplement
their incomes with undocumented payments from benefactors seeking to
influence news reporting.
Inadequate media access to government-held information was a
problem, particularly outside of the capital. The IMI, the UHHRU, and
the Committee for Monitoring Freedom of Press in Crimea asserted that
most government agencies regularly denied requests by journalists and
NGOs for basic public interest information.
Libel is considered a civil offense, and the law limits the amount
of damages that may be claimed in libel lawsuits; the press can publish
inoffensive, nonfactual judgments, including criticism, without
penalty. In February 2009, the Supreme Court adopted a resolution on
judicial practice in defamation cases, reiterating that public
officials enjoy less protection from criticism than average
individuals, emphasizing the importance of distinguishing between
factual information and value judgments, and encouraging courts to
refer to the ECHR's practices.
On June 26, the president signed a privacy law, scheduled to enter
into force in January 2011, which could significantly complicate the
work of journalists and expose them to criminal prosecution. According
to the IMI, the law would require journalists to request permission
before publishing virtually any information about a person other than
his or her name. High-level politicians and officials are exempted, but
other public figures are not.
Local media observers continued to express concern over high
monetary damages that were demanded, and sometimes awarded, for alleged
libel. Government entities and public figures in particular continued
to use the threat of civil suits based on alleged damage to a
``person's honor and integrity'' to influence or intimidate the press
and investigative journalists.
For example, on October 5, the Kyiv Circuit Court of Appeals upheld
a lower-court ruling that Olha Snitsarchuk and Channel 5 should pay
member of parliament Yuriy But 20,000 hryvnias ($2,500) for pain and
suffering. But had sued Snitsarchuk for 100,000 hryvnias ($12,500),
claiming he suffered severe psychological shock and had been in
treatment because Snitsarchuk referred to him as a deserter or renegade
in a December 2009 report. But was one of the first members of
parliament to quit Tymoshenko's party in 2008. However, But declined to
accept the court ruling for damages after widespread criticism and
ridicule of his claim.

Internet Freedom.--There were no government restrictions on access
to the Internet. Individuals and groups could engage in the peaceful
expression of views via the Internet, including by e-mail; however, law
enforcement bodies engaged in Internet monitoring.
On March 27, police in Kyiv questioned blogger Olena Bilozerska
about her coverage of demonstrations by opposition activists the
previous month. Police searched her apartment and computer. Bilozerska
asserted that she was a registered journalist and therefore the search
was illegal; her attempt to file a legal complaint was denied.
On July 30, the SBU summoned blogger Oleg Shynkarenko to discuss
statements on his blog that could be interpreted as a threat to the
life of President Yanukovych. Shynkarenko apologized on his blog and
stated he had not meant to issue a ``call to kill the president.'' The
SBU compelled Shynkarenko to sign a pledge that he would not write
similar statements in the future.
According to International Telecommunication Union statistics for
the year, 34 percent of the country's inhabitants had access to the
Internet.

Academic Freedom and Cultural Events.--There was at least one case
of government restrictions on academic freedom.
On September 8 in Lviv, the SBU detained the head of the museum
``Prison at Lontskoho Street,'' Ruslan Zabily, alleging that he
intended to give away state secrets. The museum is dedicated to victims
of Soviet and Nazi rule. According to Zabily, his laptop and two hard
discs were confiscated, he was questioned about his contacts with
foreign academics, and he was advised to find new employment. Zabily,
who is a historian, stated the confiscated data included declassified
information about activities of the Ukrainian Insurgent Army, a
partisan militia that fought against both Soviet and German forces in
World War II, and about the Soviet-era dissident movement. The status
of the case against Zabily was pending at year's end due in part to
national and international criticism about the SBU's handling of the
incident.

b. Freedom of Peaceful Assembly and Association.--Freedom of
Assembly.--The constitution provides for freedom of assembly, but in
some instances regional governments infringed on these rights. Since
there is no national law governing freedom of assembly, the Code of
Administrative Justice and case law prevailed. Local authorities
sometimes invoked a Soviet-era decree on freedom of assembly that was
more restrictive than the constitution.
The constitution requires that organizers inform authorities in
advance of planned demonstrations. In compliance with the Soviet-era
decree, authorities at times stipulated that organizations must apply
for permission at least 10 days beforehand. In most cases permits were
granted, and in practice unlicensed demonstrations were common and
generally occurred without police interference, fines, or detention,
although there were several notable exceptions.
On May 19, the rector of the Lviv-based Ukrainian Catholic
University, Borys Gudziak, publicized a meeting with an SBU officer.
According to Gudziak, the security official recommended that the
university warn students that they would be prosecuted for involvement
in any ``illegal activities.'' According to the rector, such illegal
activities included ``not only violent acts but also, for example,
pickets blocking access to the work place of government officials or
any protests not sanctioned by authorities.''
On May 28, Kharkiv police detained 10 to 12 environmental activists
who were protesting the city's decision to cut down trees in a central
park. Two of the activists, Andrei Yevarnitsky and Denis Chernega, were
sentenced to 15 days of detention for disobeying police orders. The
sentence was subsequently reduced to nine days. Amnesty International
declared the two activists to be ``prisoners of conscience,'' asserting
that their rights to freedom of expression and assembly were curtailed.
On August 2, the KHRG stated that there had been more violations of
freedom of peaceful assembly during the year under the Yanukovych
administration than during the entire 2007-09 period. The KHRG
estimated that during the first 100 days of the new government the
oblast-level and national media alone released more than 350 reports
criticizing police for such violations that occurred during that
period.
On October 14, Oleksiy Verentsov and Ihor Tanichkevych were
detained after taking part in an approved protest rally near the Lviv
Oblast Prosecutor's Office. The two were released after several days of
detention. The prosecutor subsequently filed charges against
Tanichkevych, which carry a prison sentence, after he challenged the
legality of the detention. The case was pending at year's end.
In December two organizers of huge demonstrations against the
Government's proposed changes to the tax code, Oleksandr Danylyuk and
Serhiy Melnychenko, were questioned by police about their role in the
protests. Media reports quoted Danylyuk as stating that law enforcement
bodies, through their investigations and questioning, were attempting
to ``terrorize'' activists and society at large.
Investigators questioned at least four additional protesters, two
of whom remained subject to travel bans at the year's end. At least
three protesters remained in custody on charges of damaging public
property on Independence Square, where the demonstrators had erected
tents. In addition, employees of the Pact Office in Simferopol, a local
civil society organization, were questioned as to whether their civic
engagement activities were training participants to organize protests.

Freedom of Association.--The constitution and the law provide for
freedom of association; while the Government generally respected this
right in practice, some restrictions remained. There were extensive
registration requirements for organizations; however, there were no
reports that the Government used them during the year to disband
existing organizations or to prevent new ones from being formed.
The law places restrictions on organizations that advocate violence
or racial and religious hatred or that threaten public order or health.
In January 2009 SBU spokesperson Maryna Ostapenko confirmed that the
security service had completed a pretrial investigation in the criminal
case against a separatist organization, the Popular Front Sevastopol-
Crimea-Russia, and forwarded it to the court. In December 2009 the
Crimean Appellate Court handed down a four-year suspended prison
sentence to Semen Klyuyev, a Popular Front member. On March 4, the
Supreme Court overturned the December ruling, returning the case to the
Appellate Court for review.

c. Freedom of Religion.--For a complete description of religious
freedom, see the 2010 International Religious Freedom Report at
www.state.gov/g/drl//irf/rpt

Protection of Refugees.--The laws provide for granting of asylum or
refugee status, and the Government has established a system for
providing protection to refugees; however, in practice authorities
failed to provide effective protection for refugees.
The constitution provides for asylum; however, there were no laws
to implement the granting of asylum. Refugees residing in the country
for three years may apply for citizenship. In 2009, 52 refugees
acquired citizenship.
On July 7, the Government abolished the State Migration Service
(SMS). It was established in June 2009 on the basis of the Ministry of
Internal Affairs' Citizenship and Immigration Department and the State
Committee on Nationalities and Religions (SCNR).
The SCNR retained authority for citizenship, immigration, asylum,
and refugee procedures, while the Ministry of Internal Affairs and the
State Border Guard Service (SBGS) continued to combat illegal
migration. However, on December 9, the president abolished the SCNR and
re-instated the SMS as part of wide-ranging administrative reforms to
reduce the size of government.
Before it was abolished in July, the SMS received 524 asylum claims
during the first seven months of the year; however, no asylum decisions
were issued from mid-2009 through July. Some human rights activists had
welcomed the decision to close the SMS, stating that it could help
revitalize procedures to review more than 1,000 pending refugee cases.
In December, Human Rights Watch described the country's asylum
system as ``dysfunctional.'' Administrative courts responsible for
reviewing appeals of denied asylum applications were overwhelmed by a
backlog of cases, while the Kyiv Administrative Court of Appeal
postponed its review of deportation appeals until 2012. According to
HRW, 5,397 asylum applications were filed between 2007 and 2009. Of
that number, only 284 were granted asylum.
The Government provided some protection against the expulsion or
return of refugees to a country where there is reason to believe their
lives or freedom would be threatened on account of their race,
religion, nationality, membership in a particular social group and
political opinion. However, there were some exceptions.
In May an Afghan family requesting asylum in the country was denied
entry at Boryspil Airport. In June and July, following a request by the
Uzbek government, the authorities detained Uzbek citizens Umid
Khamroyev, Kosim Dadakhanov, Shodilbek Soibzhonov, and Utkir Akramov,
who were seeking political asylum. On July 26, the ECHR ordered the
Government not to return the four asylum seekers. The Government
complied with the order.
In 2009 the UNHCR recorded 16 incidents of refugee expulsion,
compared to 12 in 2008. Incidents included cases in which individuals
were denied access to the territory of the country.
In August 2009 new regulations initiated by the SBGS took effect
that require foreign nationals transiting the country to Western Europe
and stateless persons to have in their possession no less than ``70
subsistence levels'' (12,620 hryvnia or $1,570) to sustain their stay
in the country. On September 2, the UNHCR stated that this change
``should not affect access to the asylum procedure and undermine the
nonrefoulement principle.''
Human rights groups noted that the current law on refugees does not
provide protection for war refugees, victims of indiscriminate
violence, or failed asylum seekers who could face the threat of torture
or loss of life or freedom if deported. According to informed
observers, several allegedly failed Chechen asylum seekers were kept in
pretrial detention facilities, at least two were recognized as refugees
under the UNHCR's mandate. In one case the individual had been accepted
for resettlement in an EU member state. Despite numerous demarches by
the resettlement country and the UNHCR, the individual has remained in
detention for more than two years.
According to the UNHCR and local human rights groups, the
complicated and burdensome registration system often left asylum
seekers without documents during the protracted review of their cases
and the appeal process. This left them vulnerable to frequent police
stops, detention, and fines. Refugees and asylum seekers, who
frequently came from Africa and Asia, were at times victims of
xenophobic attacks. Asylum seekers in detention centers were sometimes
unable to apply for refugee status within prescribed time limits and
had limited access to legal and other assistance. The problem was
further complicated by the lack of access to qualified interpreters to
complete registration documents.
During the year the UNHCR and local NGOs worked with approximately
100 unaccompanied children seeking asylum. The majority were not
registered with asylum authorities and were unable to access
appropriate services and care, leaving them vulnerable to exploitation
and abuse.
According to the UNHCR, there were 2,334 refugees in the country as
of July 1. Of these, 53 percent were from Afghanistan, 27 percent from
the former Soviet Union, and 11percent from African countries.
The country remained a destination and transit country for
migrants. According to the SBGS, 15,667 irregular migrants were
identified in the first nine months of the year, an 18 percent drop
compared with the same period in 2009. Of that number, 13,576 were not
allowed into the country, and 1,260 were apprehended when illegally
crossing the border. According to the SBGS, 13 Chechens, 16 Uzbeks, and
two Belarusians were also apprehended in the first nine months of the
year.
According to the Ministry of Internal Affairs, 350 detained
irregular migrants were held in two new facilities in Chernihiv and
Volyn oblasts, compared with 751 in 2009. According to the SCNR, two
temporary holding facilities for refugees, in Odesa and Zakarpattia
oblast, were not sufficient for providing temporary housing to
refugees.
There are no legal provisions for voluntary return. However, the
local office of the International Organization for Migration (IOM), in
cooperation with the SBGS and the Ministry of Internal Affairs,
continued to operate a Program on Assisted Voluntary Return to help
stranded migrants and failed asylum seekers to repatriate to their
countries of origin. Five local NGOs in the Mukachevo, Chernihiv,
Odesa, Kharkiv, and Volyn oblasts participated in the voluntary return
program. In 2009, 11 persons of concern to the UNHCR voluntarily
departed the country.

Stateless Persons.--According to the law citizenship is derived by
birth, territorial origin, naturalization, restored citizenship, and
adoption. Dual citizenship is not allowed.
According to UNHCR estimates, there were approximately 52,000
stateless persons in the country. In addition, there were an estimated
4,500 formerly deported Crimean Tatars who returned to Crimea but had
not registered as citizens, as well as smaller numbers from the
separatist region of Abkhazia and Georgia.
Stateless persons also included an unknown number of persons who
either lived in the country for decades but failed to clarify their
citizenship status after the collapse of the Soviet Union in 1991 or
who arrived in the country as students or visitors both before and
after 1991. Many did not obtain residency documents or take other steps
to register according to the regulations of their country of origin.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The constitution and the law provide citizens the right to change
their government peacefully, and citizens exercised this right in
practice through periodic, free, and fair elections based on universal
suffrage.

Elections and Political Participation.--On January 17, the first
round of presidential elections took place. International and domestic
observers assessed the vote as having met most international standards.
As no candidate received 50 percent of the vote, the two candidates
with the most votes--Viktor Yanukovych and Prime Minister Yulia
Tymoshenko--faced each other in a runoff election on February 7.
Observers again assessed the run-off election as largely free and fair.
Yanukovych was inaugurated president on February 25.
On March 11, the president's Party of Regions, together with two
other parties and 16 nonaligned members of parliament (MPs) established
the ``Stability and Reform'' governing coalition composed of 235 MPs to
replace the coalition led by Tymoshenko. Opposition MPs and independent
observers asserted that the new majority had been formed illegally in
violation of established rules and procedures because a coalition could
only be composed of factions, not individuals.
On April 8, the Constitutional Court ruled that the procedures used
to form the Party of Regions-led coalition was constitutional, stating
that individual MPs have the right to take part in forming
parliamentary coalitions.
On October 1, the Constitutional Court ruled that the changes to
the constitution enacted following the Orange Revolution violated the
procedures for amending the constitution, thereby reinstating the 1996
constitution, which granted greater powers to the presidency (see
section 1.e).
On July 10, parliament adopted a new law for the conduct of the
elections on October 31 for local councils and mayors of cities, towns,
and villages. Election observers and international experts cited the
law as a source of problems on election day. In September President
Yanukovych ordered revisions to the law that lessened or eliminated
some of the problems such as, blocking the participation of new
parties, were lessened or eliminated by the revisions ordered by
President Yanukovych in September. However, other aspects of the
election law and regulations challenged the placement of names of some
candidates on ballots, allowed for reported cases of improper use of
administrative resources during the electoral campaign, established an
unbalanced membership in the electoral commission, and created
complicated registration and voting procedures.
While international and local election observers recognized some
improvements in the conduct of the October 31 local elections compared
to previous local elections, they concluded that overall it did not
meet standards for openness and fairness set by the presidential
elections earlier in the year.
Observers noted shortcomings such as, insufficient training for
electoral commission members, which contributed to procedural
violations and organizational problems. In particular, the registration
of fraudulent Batkivshchyna Party candidate lists led to the
disqualification of all Batkivshchyna Party candidates in the Kyiv and
Lviv oblast council elections, preventing the main opposition party
from running for election in regions where it had considerable support.
Election observers also reported incidences of law enforcement
authorities' pressuring monitors and candidates, and election officials
selectively barring or removing candidates from ballots.
There were 36 female members of the 450-seat parliament, and a
woman held the post of secretary of the National Security and Defense
Council. The 18-member Constitutional Court included one female
justice.
The exact number of minorities in parliament and the cabinet was
not available due to privacy laws.
Crimean Tatar leaders continued to call for changes in the
electoral law that would give them greater representation in the
Crimean and national parliaments. The law does not allow for the
creation of regional political parties, and Crimean Tatars had to join
national political parties or blocs. Only one Crimean Tatar was a
member of the national parliament.
According to Refat Chubarov, the deputy leader of the Crimean Tatar
Mejlis (governing body), Crimean Tatars, who make up 13 percent of the
population of Crimea, occupied eight seats in the 100-member Crimean
Mejlis, and had approximately 1,000 members in city, district, and
rural councils in Crimea. The Mejlis was not legally recognized by
national authorities.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption;
however, corruption was ineffectively prosecuted, and penalties were
rarely imposed. Corruption remained a pervasive problem and was
widespread in the executive, legislative, and judicial branches of
government and in society.
Officials, including high-ranking officials, often engaged in
corrupt practices with impunity. On October 5, at a meeting with
foreign investors in Kyiv, Drago Kos, the president of the Group of
States against Corruption (GRECO), stated he saw no improvements in the
country's anticorruption efforts since the Yanukovych government took
office.
On April 22, the president announced that the PGO had opened more
than 30 criminal cases on charges of embezzlement of state funds by
members of the previous government. Opposition politicians claimed the
charges were politically motivated.
On June 24, the SBU detained the former head of the Customs
Service, Anatoliy Makarenko, as a suspect in a criminal case related to
damages allegedly caused to the country in connection with the seizure
of 11 billion cubic meters of gas by former prime minister Tymoshenko's
government from gas intermediary RosUkrEnergo in 2009.
On July 12, the Interfax Ukraine news agency reported that the
Pechersk District Court in Kyiv had approved the arrest of Ihor
Didenko, the former first deputy head of national oil and gas company
Naftohaz Ukrayiny, on suspicion of misappropriation or embezzlement
through abuse of office also related to the seizure of 11 billion cubic
meters of gas by former prime minister Tymoshenko's government from gas
intermediary RosUkrEnergo in 2009.
On October 18, former economy minister Bohdan Danylyshyn was
detained in the Czech Republic after the country's prosecutor general
opened a case against him for abuse of office in connection with
procurement procedures at Boryspil Airport. As of year's end, Czech
authorities had not made a determination on whether to deport
Danylyshyn.
In December prosecutors arrested a number of former senior
government officials with ties to opposition leader and former prime
minister Tymoshenko, including Georgy Filipchuk, Yevhen Korniychuk,
Mykola Petrenko, and Yuriy Lutsenko (see section 1.d.).
Tymoshenko herself was called in for questioning by authorities on
at least nine occasions in December over charges that she misused funds
from the sale of carbon credits and that there were irregularities in
the her government's purchase of vehicles subsequently used for her
presidential campaign. Former First Deputy Prime Oleksandr Turchynov
was also called in for questioning at least six times in the last four
months of the year.
Numerous domestic and international observers also raised concerns
that, while the Government had a right and a duty to investigate
corruption, prosecution should not be selective or politically
motivated. These observers noted that the Government's targeting, with
few exceptions, of senior officials connected with the previous
government gave the appearance of politically motivated prosecution of
political opponents.
In response the Government noted that Bohdan Presner, a former
deputy environment minister in the Azarov government, was also under
arrest for bribery. His case remained ongoing at year's end.
On April 14, the Kyiv Appeals Court upheld a March ruling by a
lower court to close criminal corruption cases against Ihor Bakai,
former head of the State Management of Affairs Department and Naftohaz,
the state gas and oil company. The cases were opened in 1998 and 2000.
Observers attributed the dismissal of the cases to Bakai's political
connections with the new administration.
Police corruption remained a problem. The PGO reported that in the
first nine months of the year 609 criminal cases of corruption were
opened against law enforcement officers. Criminal cases involving 10
prosecutors and 318 police officers were forwarded to court.
According to the PGO, in the first nine months of the year, 71
appointed and elected officials and civil servants at all levels of
government were found guilty of criminal offenses related to corruption
and bribery.
Judges are immune from prosecution and may not be detained or
arrested unless parliament rescinds their immunity. During the first
nine months of the year, the PGO confirmed that it had initiated 22
corruption cases against judges, and forwarded 25 corruption cases
against judges to court. During the year 14 judges were found guilty of
wrongdoing; eight were convicted of bribery; three of knowingly issuing
an unjust decision; and three of abuse of power or office. Of these,
four were sentenced to prison and seven were placed on probation.
During the first nine months of the year, military prosecutors
opened 119 criminal cases for corruption, of which 21 involved law
enforcement personnel and 98 involved other officials.
A June 2009 survey by the PACE project, ``Promoting Active Citizen
Engagement to Combat Corruption in Ukraine,'' found that almost 63
percent of respondents stated they had been involved in corrupt
transactions with government officials in the previous 12 months. The
survey also found increased public support for more active
anticorruption programs and increasing criminal charges for corrupt
government employees.
On June 21, the PGO approved an indictment of Ihor Zvarych, the
former head of the Lviv Administrative Court of Appeals. The ruling was
forwarded to the Supreme Court to determine jurisdiction for a trial.
Parliament stripped Zvarych of immunity in 2008 after an investigation
found evidence that he accepted a bribe of 800,000 hryvnia ($100,000)
and discovered eight million hryvnias ($1 million) at his home. He was
arrested in March 2009 on charges of abuse of office, bribery and
fraud, and remains in pretrial detention.
The constitution and the law authorize public access to government
information unless it pertains to national security. Government bodies
are required to respond to requests within 10 days and to provide
information within 30 days. Denials can be appealed to a higher level
at the agency concerned and then to a court. However, it remained
difficult to gain access to official information. Government officials
often did not understand the law and at times created bureaucratic
procedures to withhold information.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases; however, unlike in
previous years, there were numerous complaints of government pressure
and intimidation. Government officials were not uniformly cooperative
or responsive to their views.
During the year the SBU discontinued meetings of its advisory
council consisting of political leaders, NGO activists, and independent
experts which had aimed to provide civilian oversight and increase the
transparency of SBU activities. While the council continued to exist in
principle, as of the end of the year, it had not met since February.
On June 26, Niko Lange, the local representative of the Konrad
Adenauer Foundation, was detained at Boryspil airport upon his arrival
in the country and held without explanation for 10 hours before being
allowed entry. On July 30, UNIAN reported that the PGO had announced
that the State Border Guard Service had detained Lange on SBU
instructions because of his alleged interference in the country's
internal affairs.
On September 6, the International Renaissance Foundation (IRF)
issued a statement that several NGOs it supported had received requests
for information from the SBU. The foundation appealed to the
authorities, emphasizing that it did not support any political party or
political activities, only initiatives aimed at electoral processes to
ensure fairness. On September 8, the head of the Presidential
Administration, Sergiy Lyovochkin, told the media that the SBU's
interest in IRF's activities was not part of a large-scale
investigation into NGOs, but a one-time inquiry. However, despite
increased attention by the SBU, domestic NGOs continued to criticize
openly the Government's human rights performance.
The Government generally cooperated with international
organizations, including the UN, the OSCE, and the Parliamentary
Assembly of the Council of Europe. For example, PACE rappporteurs
visited the country several times during the year, as did the OSCE's
representative on media freedom, among others.
The constitution provides for a human rights ombudsman, officially
designated as the parliamentary commissioner on human rights. On June
29, the parliament amended the ombudsman's term in office from five to
seven years. However, the change did not apply to term of the current
ombudsman. In June 2009 Commissioner Nina Karpachova presented a
constitutionally mandated report to parliament on the human rights
situation in the country in 2006 and 2007. The report is required
annually but has only been produced five times since the office was
established in 1998.
Human rights groups criticized the report for being outdated, and
the ombudsman for poor cooperation with human rights organizations and
for not opening regional offices. They also expressed concern that
government bodies failed to provide proper responses to the ombudsman's
requests. Nevertheless, they also noted that the ombudsman's office
became more transparent by increasing media coverage of its activities
and by updating information on its Web site on a more regular basis.
According to the Office of the Human Rights Ombudsman, 75,386
persons filed 32,884 complaints with the office in the first 11 months
of the year. Of that number, approximately 45 percent related to civil
rights, in particular the right to a fair trial, abuse by law
enforcement personnel, and timely implementation of court rulings. The
remainder involved social rights (13.2 percent); economic rights (23.9
percent); individual rights (10.8 percent) including right to life,
respect for personal integrity, and prohibition of torture in
detention; and religious rights (10.9 percent).
A parliamentary committee on human rights, national minorities, and
interethnic relations continued to operate during the year, but its
activities were not publicized. The committee's subcommittees work on
issues such as interethnic relations, gender policy, indigenous
peoples, national minorities and ethnic groups, deported persons,
victims of political repression, ethnic policy, prevention of domestic
conflict, refugees, and migration.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, gender, language,
social status, or other circumstances; however, both governmental and
societal discrimination persisted, and the Government did not
effectively enforce the prohibitions.

Women.--The law prohibits rape but does not explicitly address
spousal rape. A law against ``forced sex with a materially dependent
person'' may allow prosecution for spousal rape. According to the
Ministry of Internal Affairs, during the first nine months of the year,
police recorded 516 incidents of rape or attempted rape, a decrease of
13.7 percent compared with the same period in 2009.
Domestic violence against women remained a serious problem. Spousal
abuse is illegal but was common. Advocacy groups asserted that the
percentage of women subjected to physical violence or psychological
abuse at home remained high. According to Donetsk Regional League of
Business and Professional Women, domestic violence annually resulted in
100,000 days of care at in-patient hospital facilities, 30,000 trauma
unit cases, and 40,000 doctor visits; up to 40 percent of calls to
police involved complaints about domestic violence.
The law permits the administrative arrest of a person for up to
five days for--offenses related to domestic violence. On December 2,
parliament adopted amendments to the Code of Administrative Offenses
introducing community work of 40-60 hours as a possible punishment for
domestic violence.
According to women's NGO La Strada-Ukraine, the Ministry for
Family, Youth, and Sports continued to work with NGOs and civil
society. However, on December 9 the president merged the Ministry for
Family, Youth, and Sports with the Ministry of Science and Education to
form a new Ministry of Education, Youth, and Sports. It was unclear at
year's end what impact the reorganization would have on women's issues.
Persistent gender stereotypes continued. For example, on March 19,
replying to a question about the lack of women in new Cabinet of
Ministers, Prime Minister Azarov stated that ``carrying out reforms in
Ukraine is not a women's business.'' On March 22, leaders of six
women's and gender rights advocacy groups sent a letter to Human Rights
Commissioner Karpachova expressing concern over Prime Minister Azarov's
comments. The women asserted that the statement was discriminatory
under the Law on Equal Opportunities of Men and Women and ran counter
to article 38 of the constitution because it restricted the right of
women to participate in politics and governance.
On March 9, Kateryna Levchenko of La Strada-Ukraine and Olena
Suslova of Women's Information Center filed a lawsuit against the prime
minister at the Pechersky District Court in Kyiv accusing him of making
a statement that violated gender equality. In June the court rejected
the case, stating that the prime minister's comments were protected
under freedom of speech. Levchenko filed an appeal in December.
During the first six months of the year, the Ministry of Family,
Youth, and Sports, the Ministry of Internal Affairs, and their regional
offices recorded 53,785 complaints of domestic violence, including
48,097 allegations of violence against women, and 5,265 reported
incidents of violence against men.
As of July 1, according to the Ministry of Internal Affairs and the
Ministry for Family, Youth, and Sports, 70,473 persons were under
police supervision for domestic violence, compared with 65,684 in 2009.
Police issued 2,085 warnings and 3,724 injunctions for protection
related to domestic violence in the first six months of the year. The
Ministry of Internal Affairs also reported that in the first eight
months of the year 4,622 families were put under supervision for
domestic violence. During the same period of time, administrative
charges were brought against 2,555 individuals for domestic violence
and for disobeying injunctions of protection.
The law requires the Government to operate a shelter in every major
city, but in practice it did not, in part due to the lack of municipal
funding.
According to the Ministry for Family, Youth and Sports there were
21 centers for social-psychological assistance and nine centers for
medical and social rehabilitation in 19 oblasts, Crimea, and the cities
of Kyiv and Sevastopol, which had capacity for 342 persons. During the
first nine months of the year, these centers provided assistance to
1,194 persons, of whom 91 adults and 96 children had been victims of
domestic violence. NGOs operated additional centers for domestic
violence victims in Vinnytsia, Donetsk, Zhytomyr, Odesa, Chernihiv,
Poltava, Sumy and Khmelnytskiy oblasts.
According to women's advocacy groups, private and municipally
funded shelters were not always accessible. Some did not function
throughout the year, and shelters in Kyiv did not admit women who were
not registered as Kyiv residents. Government centers offered only
limited legal and psychological assistance to victims of domestic
violence.
Sex tourism remained a problem; however, there were no official
statistics on its extent. During the year a local feminist group,
FEMEN, held demonstrations against the increase of sex tourism in the
country. In February 2009 then interior minister Yuriy Lutsenko stated
in an interview with Segodnya that ``Ukraine is becoming a paradise for
sex tourism.''
The law on equal rights and opportunities qualifies sexual
harassment as discrimination; however, women's rights groups asserted
that it does not contain an effective mechanism to protect against
sexual harassment. Women's groups reported that there was continuing,
widespread sexual harassment in the workplace, including coerced sex.
While the law prohibits forced sex with a ``materially dependent
person,'' which includes employees, legal experts regarded the
safeguards against harassment as inadequate. La Strada-Ukraine operated
a national hotline for victims of violence and sexual harassment.
The Government recognized the basic right of couples and
individuals to decide freely and responsibly the number, spacing, and
timing of their children. Health clinics and local health NGOs were
permitted to operate freely in disseminating information on family
planning under the guidance of the Ministry of Health. There are no
restrictions on the right to access contraceptives.
Quality prenatal and postnatal care remained inaccessible to many
women because state-funded clinics were underfunded and lacked quality
equipment, and services in private clinics were expensive. However,
according to data from the Population Reference Bureau (PRB), 99
percent of births occurred in the presence of skilled personnel. PRB's
data indicated that the maternal mortality rate was 19 per 100,000
births. Some of the reproductive health concerns affecting the system
included rapidly growing rates of sexually transmitted infections
including HIV/AIDS, poor quality sexual and reproductive health
services in state-funded hospitals, low awareness of modern
contraceptives, and the expense of high-priced medical services in
private clinics that made them inaccessible to large groups of local
residents.
Romani rights groups reported that Romani women experienced racial
discrimination in standards of medical care and lacked access to
information on health matters.
Men and women received equal access to diagnosis and treatment for
sexually transmitted infections, including HIV, but local health NGOs
and clinics reported that women were more likely than men to seek
treatment and refer their partners.
Under the law women enjoyed the same rights as men, including equal
pay for equal work, a principle that generally was observed. However,
industries dominated by female workers had the lowest relative wages.
The labor code sets the retirement age for women at 55 and for men at
60. Women received lower salaries due to limited opportunities for
advancement and the types of industries in which women were employed.

Children.--Citizenship is determined by birthplace or by parentage.
A child born on the territory of the country in a family of stateless
persons residing permanently in the country is a citizen. The law
requires that parents register a child within a month of birth.
While education was free, universal, and compulsory until age 15,
the public education system continued to suffer from chronic
underfunding, and children from poor families continued to drop out of
school before turning 15.
More than 20,000 children did not attend school, according to a
2009 report by a coalition of 14 children's rights NGOs. The report,
which covered the period 2002-08, was presented to the UN Committee on
the Rights of the Child. Many children were employed in agriculture and
illegal coalmines or, in some cases, forced by their parents to beg.
NGOs reported that a lack of schooling remained a significant problem
among the rural population and within the Romani community. In some
cases rural schools were closed due to the small number of school-age
children, forcing children to travel long distances, often at personal
expense, to attend schools in other villages.
Children continued to be victims of violence and abuse. According
to the Ministry of Internal Affairs, in the first eight months of the
year, 8,156 minors were victims of crime, including 45 of intentionally
inflicted bodily injury. The PGO confirmed that, in the first nine
months of the year, 52 crimes involving child rape and attempted rape
were recorded; 87 minors were raped, compared with 110 during the same
period in 2009.
In January 2009 the parliament adopted amendments to the criminal
and criminal procedural codes that established criminal liability of up
to three years in custody for forcing children into begging.
Romani rights groups reported that early marriages involving girls
under 18 were common within the Romani community.
Commercial sexual exploitation of children remained a serious
problem. Domestic and foreign law enforcement officials reported that a
significant portion of Internet child pornography continued to
originate in the country.
On January 20, parliament adopted amendments to prevent the spread
of child pornography. The amendments introduced an internationally
recognized definition of child pornography, which allowed law
enforcement agencies to identify relevant evidence. In addition, the
amendments allowed courts to limit access to Web sites that disseminate
child pornography and increased financial penalties and prison
sentences for offenders.
On June 1, the parliament amended the Criminal Code to increase
from eight to 10 years the minimum imprisonment term for child rape.
The amendment also increased to 15 years the maximum prison term for
persons ``satisfying sexual passion in perverted forms.'' Molesting
children under 16 is punishable by imprisonment for up to five years.
The same offense committed against a child under 14 is punishable by
imprisonment for a term of five to eight years.
According to the Ministry for Family, Youth and Sports, the number
of street children dropped from 42,000 in 2005 to approximately 22,000
in 2009 and 14,720 during the first nine months of this year as a
result of government efforts. The ministry reported that as of
September there were 88 children shelters across the country in all
oblasts and the cities of Kyiv and Sevastopol. The shelters have a
capacity for 3,370 children; during the first six months of the year,
6,977 children came to these shelters.
The country is party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html.

Anti-Semitism.--An estimated 103,600 Jews lived in the country,
comprising approximately 0.2 percent of the population, according to
government census data and international Jewish groups. Local Jewish
leaders estimated the number of persons with an ethnic Jewish heritage
to be as high as 370,000.
There were a number of acts of anti-Semitism, some involving
vandalism of Jewish property. According to the Association of Jewish
Organizations and Communities of Ukraine's (VAAD) there were nine
incidents of vandalism during the year compared with 19 incidents in
2009, and 13 in 2008. There were no reports of violent incidents of
anti-Semitism.
In April a Jewish cemetery in Ternopil was desecrated. Other
vandalism included the August 12 desecration of a Jewish cemetery in
Pavlohrad, paint thrown on a Jewish community building in Sumy on
October 12, the November 17 and November 19 desecrations of Holocaust
monuments in Kirovograd and in Sevastopol, and paint thrown on the
walls of a synagogue on December 9 in Sumy.
As of year's end there were no reports that authorities had
identified suspects or made arrests in cases of vandalism against
Jewish property in 2009, including swastikas on the walls of Jewish
Charity Center in Melitopol, Nazi symbols on the front door of the Kyiv
office of the Hebrew Immigrant Aid Society, and paint splashed on the
monument marking the birthplace of Rabbi Menachem Schneerson in
Mykolayiv.
During the year members of marginal populist and nationalist
parties and organizations continued to make occasional extremist,
intolerant, and anti-Semitic statements.
In January unidentified individuals in Sudak, Crimea were reported
to have passed out leaflets calling for genocide against Jews in the
country. As of the end of the year, there had been no further
developments in the incident.
On September 10, the Prosecutor's Office in Zakarpattia closed an
investigation into charges of hate speech against Serhiy Ratushnyak,
the former mayor of Uzhhorod. Citing findings by legal and linguistic
experts, the prosecutor stated Ratushnyak's comments made in 2009
reflected his opinion about Jews and could not be described as hate
speech. Ratushnyak was charged in August 2009 with inciting ethnic
hatred, hooliganism, and abuse of office after he allegedly used anti-
Semitic rhetoric and attacked a campaign worker for a rival
presidential candidate. Ratushnyak, who was known for making racist and
intolerant comments, ran as a marginal candidate in the presidential
elections.
On November 10, the National Television and Radio Broadcasting
Council issued a warning to the Kherson Television and Radio Company
about racist and anti-Semitic remarks made by former city councilman
Serhiy Kyrychenko in 2009 on a local radio show, Vik. In frequent
appearances on the program Kyrychenko accused Jews of robbing the
country's people and plotting to enslave Ukrainians and exterminate
Slavs. The Kherson Oblast Prosecutor's Office also opened a criminal
case against Kyrychenko on charges of inciting interethnic hatred. In
December the prosecutor completed a pretrial investigation and sent the
case to court.
Anti-Semitic articles continued to appear in small publications,
although their number and circulation continued to decline. According
to VAAD, 46 anti-Semitic articles were published in major print media
outlets in 2009, compared with 54 in 2008 and 542 in 2007.
VAAD said the sharp decrease in anti-Semitic publications was due
primarily to concerted political and social pressure by NGOs, the
Government and the Jewish community on the Academy of Personnel
Management (MAUP). In previous years, MAUP, a private higher-education
institution, accounted for nearly 90 percent of all anti-Semitic
material, but has now ceased the publications.
In November 2009 according to media reports, self-described
``writer and philosopher'' Vyacheslav Gudin told a group of 300 persons
that 15 Ukrainian children who had been adopted in Israel were taken to
Israeli medical centers and used for ``spare parts.'' He further
asserted that 25,000 Ukrainian children had been taken to Israel over
the previous two years to harvest their organs. His allegations, which
mirrored past anti-Semitic ``blood libel'' claims, were circulated on
the Internet by radical right-wing groups. Members of the Odesa Jewish
community called on the prosecutor's office to investigate the ZaZUBR
group, which had published Gudin's materials in its newspaper,
ZaZUBRina, and on its Web site. Prosecutors opened a case but did not
bring charges against anyone involved. In addition, the Government
reportedly opened an investigation into the validity of Gudin's
remarks; however, at year's end no further information was available
about the details of the investigation.
Senior government officials and politicians from various political
parties continued efforts to combat anti-Semitism by speaking out
against extremism and social intolerance, and by criticizing anti-
Semitic acts.
The SCNR, together with the Ministry of Foreign Affairs, Ministry
of Internal Affairs, State Border Guard Committee, State Customs
Service, State Committee for Tourism, and other agencies, cooperated to
support Jewish pilgrimages to the burial site in Uman of Rabbi Nakhman,
founder of the Bratslav Hasidic movement. According to Jewish leaders
approximately 23,000 pilgrims traveled to Uman in September. Growing
numbers of Jewish pilgrims have been visiting burial sites of prominent
spiritual leaders in Medzhybizh, Berdychiv, and Hadyach.
According to the Government the SBU acted to prevent at least six
hate crimes in 2009 and 2010, including illegal activities by skinhead
groups in Cherkassy and Dnepropetrovsk and an attack on the cultural
center Hesed Haim in Sumy.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with physical, sensory, intellectual, and mental
disabilities in employment, education, access to health care, and other
state services; however, the Government generally did not enforce these
laws.
The Government estimated the number of persons with disabilities at
between 2.4 and 2.7 million; however, NGOs working on disability rights
asserted that the real number of disabled was twice the Government's
estimate. The Government did not track the number of children with
disabilities. NGOs complained that the lack official data limited their
ability to lobby for more government assistance to children with
disabilities.
According to the law employers must allocate 4 percent of
employment opportunities to persons with disabilities. NGOs noted that
many of those employed to fill these positions received a nominal
salary to meet the requirement but did not really work at their
companies. During the first six months of the year, 4,233 persons with
disabilities received jobs through government employment-placement
services, according to the Ministry of Labor and Social Policy. The
Ministry of Education confirmed that there were 398 specialized
secondary schools and boarding schools with a total of 46,480 children,
including 54 specialized secondary schools in which 5,608 children with
disabilities studied while staying with their families. In addition the
Ministry of Education confirmed that there were 484 classes for
children with disabilities in general secondary schools. These classes
served 5,652 children.
Advocacy groups maintained that, despite existing legal guarantees,
most public buildings remained inaccessible to persons with
disabilities. As a result, access to essential services and activities
such as employment, education, health care, transportation, and
financial services remained difficult. NGOs expressed concern over the
lack of programs to promote the integration of students with
disabilities into the general student population and noted that the
lack of needs assessment programs by state-funded employment centers
led to the placement of graduates with disabilities in inappropriate
jobs.

National/Racial/Ethnic Minorities.--The constitution and law
prohibit discrimination based on race, skin color, and ethnic and
social origin. Mistreatment of minority groups and harassment of
foreigners of non-Slavic appearance remained a problem, although NGO
monitors reported that hate crime incidents continued to decrease.
Incitement to ethnic or religious hatred is a criminal offense;
however, human rights organizations stated the requirement to prove
actual intent, including proof of premeditation and intent to incite
hatred, made its legal application difficult. Police and prosecutors
generally prosecuted racially motivated crimes under legal provisions
dealing with hooliganism or related offenses. Article 161 of the
criminal code criminalizes deliberate actions to incite hatred or
discrimination based on nationality, race, or religion, including
insulting the national honor or dignity of citizens in connection with
their religious and political beliefs, race, or skin color.
The Government acknowledged that racism and ethnically motivated
attacks were a problem; however, some officials continued to minimize
its seriousness, maintaining that xenophobia was not a problem and that
violent attacks were isolated incidents.
No official statistics were available on the number of racially
motivated attacks. However, the Diversity Initiative monitoring group,
a coalition of international and local NGOs headed by the IOM mission
in Kyiv, reported four attacks involving four victims during the first
nine months of the year. This number compared with 26 attacks during
2009 and 63 in 2008. The attacks involved a Kuwaiti and three African
asylum seekers and foreign students. The attacks occurred in Kyiv,
Simferopol, and Odesa; none was fatal.
According to the Diversity Initiative, police did not initiate
criminal cases in any of the four attacks they documented during the
year.
According to the PGO, during the year prosecutors forwarded to
court two criminal cases based on Article 161. SBU investigators
continued pretrial investigation in one case. During the first nine
months of the year, two persons were found guilty of violating Article
161, compared with four in 2009 and three in 2008.
In December 2009 then president Yushchenko signed into law
amendments to the criminal code that increased penalties for hate
crimes. Accordingly, premeditated killing on grounds of racial, ethnic,
or religious hatred carries a 10- to 15-year prison sentence.
Parliament also established a fine from 3,400 to 8,500 hryvnias ($425
to $1,060) or up to five years in prison for hate crimes.
Advocacy groups asserted that police occasionally detained dark-
skinned persons and subjected them to far more frequent and arbitrary
document checks; at times victims of xenophobic attacks were prosecuted
for acting in self-defense.
On December 13, the media reported that Berkut police officers
detained journalist Mustafa Nayem on suspicion that he was a Caucasus
national. According to the reports, police confiscated Nayem's mobile
phone and took him to a local precinct. He was released with an apology
from the head of the precinct. Two investigations into the incident
continued at year's end.
Some of the most active xenophobic groups were the unregistered
Ukrainian National-Labor Party, the Patriot of Ukraine organization,
the Ukrainian Movement against Illegal Immigration, White Power-
Skinhead Spektrum, the country's branch of Blood and Honor, and the
World Church of the Creator Ruthenia. Such groups appeared to be
marginal and poorly organized.
Roma continued to face governmental and societal discrimination.
Romani rights groups estimated the country's Romani population to be
between 200,000 and 400,000; however, official census data placed the
number at 47,600. The discrepancy was due in part by lack of legal
documentation and poor record keeping in the Romani community.
According to SCNR, there were 88 Romani NGOs, of which three were
national.
A 2008 study by Chirikli Roma Women Foundation indicated that
almost 70 percent of Roma had experienced a violation of their rights
and that the majority did not know how to defend their rights or with
whom to lodge complaints. According to Romani rights groups, two-thirds
of Roma were illiterate, 15 percent were infected with tuberculosis,
and 60 percent of Romani children in Zakarpattia were infected with
tuberculosis. One-third of Roma had no funds to pay for medicine and
doctors' services.
Representatives of Romani and other minority groups claimed that
police officials routinely ignored and sometimes abetted violence
against them and referred to Romani ethnicity in crime reports.
However, the Roma Congress of Ukraine noted diminished ethnic profiling
by police as a result of involvement of Romani rights groups.
There were fewer reports of government cooperation with the Romani
community than in 2009. The chairman of the Roma Congress of Ukraine,
Petro Hryhorychenko, was formerly a member of the presidential council
on ethnic-national policy and a member of the NGO advisory council with
the State Committee on Nationalities and Religions (SCNR). On April 2,
President Yanukovych abolished the council as part of his effort to cut
bureaucracy. On December 9, the president also abolished the SCNR as
part of broad administrative reforms and reassigned its duties to the
Ministry of Culture.
The constitution provides for the free development, use, and
protection of Russian and other minority languages. According to the
Ministry of Education, 2,217 educational facilities used Russian as the
main language of instruction, serving nearly one million
schoolchildren. According to ministry figures, 1.3 million students
studied Russian as a separate subject in secondary schools, and more
than 165,000 secondary school students studied Russian as an
extracurricular course.
Ukrainian and Crimean Tatar minorities in Crimea continued to
complain of discrimination by the ethnic Russian majority on the
peninsula and in Sevastopol. They urged that the Ukrainian and the
Crimean Tatar languages be given a status equal to Russian. In 2009 the
head of the Crimean Republican Committee for Nationalities and Deported
Citizens reported approximately 264,500 registered Crimean Tatars in
the country. The SCNR reported 260,873 Tatars living in Crimea, Kherson
Oblast, and Sevastopol.
In November 2009 the SCNR reported that the Government had
allocated 28,276 million hryvnias (approximately $3.5 million) for the
resettlement and integration of Crimean Tatars, including housing
construction. According to Crimean Tatar Mejlis, Crimean Tatars resided
in 300 settlements on the Crimean peninsula, and authorities allocated
53 million hryvnias ($6.6 million) for their integration. According to
the Ministry of Education, 439 children studied the Crimean Tatar
language in separate groups in preschool facilities. There were 15
secondary schools with Crimean Tatar as the main language of
instruction; 17,725 students studied Crimean Tatar as a separate
subject in secondary schools; 5,153 secondary school students studied
Crimean Tatar as an extracurricular course.
Crimean Tatars asserted that discrimination by local officials
deprived them of equal opportunities for employment in local
administrations and that propaganda campaigns, particularly by pro-
Russian groups, promoted hostility against them. On August 28, in a
speech to the Qurultai (a Crimean Tatar national convention) Mustafa
Jemilev, the chairman of the Crimean Tatar Mejlis, claimed there had
been a significant increase in discrimination against Crimean Tatars
since the presidential election.
In December, Radio Liberty reported that the Crimean Prosecutor's
Office accused the head of Mejlis's Secretariat, Zair Smedlyaev, of
organizing mass disorders and refusing to comply with police orders.
The case was initiated in 2006 but only sent to court in December.
Smedlyaev claimed that the prosecutor's actions were ``an attempt to
intimidate the Crimean Tatar people.''
On December 25, the Spiritual Directorate of Muslims in Crimea
stated that a fire at a mosque under construction in Myrne village in
Crimea may have been attempted arson. According to the group the fire
was ``a deliberate attempt to destabilize interfaith peace in Crimea.''
The local fire department opened an investigation in the incident.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The lesbian, gay, bisexual,
and transgender (LGBT) community continued to suffer societal stigma
and discrimination. Those who openly declared their sexual orientation
experienced discrimination in education, the workplace, and access to
medical treatment and to information on the prevention of HIV/AIDS.
According to the registered LGBT rights group Nash Mir (Our World),
law-enforcement representatives were involved in 35 of 79 identified
instances of discrimination against gays during the year. The group
also maintained that police mistreated and collected personal data on
gays, while the Ministry of Internal Affairs ignored homophobic
attitudes among its personnel.
Among the incidents documented by Nash Mir was the illegal
detention by police of a man in Chernivtsi who was accused of
frequenting a gay meeting place. Police photographed the man and took
his fingerprints.
In another incident police in Mykolayiv interrogated a gay man as
part of an investigation into the killing of a gay man. The police
insulted him and threatened to expose his sexual orientation if he did
not provide contact information of other homosexual persons he knew.
On November 20, according to the LGBT group Insight, approximately
10 men broke into a movie screening organized by the group on the
Transgender Day of Remembrance and attacked the audience with teargas.
One of the organizers who attempted to block the attackers was beaten.
Police investigated the incident as hooliganism, while members of the
LGBT community urged the police to open a hate-crime investigation. The
case remained open at year's end.

Other Societal Violence or Discrimination.--Persons with HIV/AIDS
faced discrimination and at times lacked access to treatment. In a 2008
study, the Joint United Nations Program on HIV/AIDS estimated that 1.6
percent of Ukrainians between the ages of 15 and 49 were HIV positive.
The Ministry of Health estimated the number of HIV-positive persons to
be approximately 156,000, of whom 30,000 were diagnosed with AIDS.
According to a country report by HRW, the Ukrainian National AIDS
Center reported 13,039 newly registered cases of HIV infection in the
first eight months of 2009, nearly half among intravenous-drug users.
The All-Ukrainian Network of Persons Living with HIV continued to
note that persons with HIV/AIDS faced discrimination in the workplace,
job loss without legal recourse, harassment by law enforcement
officials and prosecutors, social isolation, and stigmatization.
In July an HRW researcher published an op-ed in the British
newspaper The Guardian in which he reported that under President
Yanukovych there had been ``an increasing number of law enforcement
attacks on [drug] substitution treatment programs'' that jeopardized
the country's progress to limit the spread of HIV among the intravenous
drug-user population. Local NGOs echoed these complaints and asserted
that law enforcement officials were illegally collecting information on
drug treatment patients to determine their HIV status.
Section 7. Worker Rights

a. The Right of Association.--The law provides workers with the
right to form and join unions without previous authorization or
excessive requirements, and this right was generally respected in
practice. There were no reliable estimates of the percentage of the
workforce that belonged to a trade union.
To function, a union must be registered by the Government. Unions
reported that the registration process was extremely burdensome,
entailing visits to as many as 10 different offices and payments of
fees. The International Trade Union Confederation characterized the
registration requirement as ``a restriction unacceptable by
international labor standards.''
While by law the registration process did not change, unions
reported an increasingly restrictive implementation of the process.
Unions reported that during the year authorities denied the
registration of several regional confederations without merit and
questioned the legitimacy of another regional confederation that had
successfully registered three years previously.
By law all trade unions have equal status, and the establishment of
a trade union does not require government permission. However, unions
affiliated with the Federation of Trade Unions (FPU), which inherited
assets from Soviet-era unions, have enjoyed an advantage in organizing
workers.
Unions not affiliated with the FPU, including the Confederation of
Free Trade Unions of Ukraine (CFTU), continued to be denied a share of
the former Soviet trade unions' real estate and financial holdings.
These included social insurance benefit funds, which gave the FPU a
benefit that independent unions could not offer. Leaders of non-FPU
trade unions and some government officials claimed that the FPU
improperly sold some Soviet-era assets to thwart their future
distribution. While a 2007 parliamentary moratorium on the FPU's sale
of property remained in place, a commission formed during the previous
administration to inventory union assets was dissolved by the current
government in June.
In August police arrested four union leaders of the Ilyich Iron and
Steel Works of Mariupol, seized union materials, and locked the union's
office, charging them with fraud and other offenses. Union
representatives claimed that the company's management orchestrated the
arrests to block a planned rally by the union.
In March 2009 the administration of the Sumy customs office seized
the offices of the independent trade union Spravedlyvist, which
represented customs personnel, and illegally took possession of their
stamp, seal, and official documents. The administration claimed that
the local trade union office was illegally located in the Sumy customs
offices. The union leader was fired following this incident. Following
her appeal, a court ruled that she should be reinstated; however, the
decision reportedly has not been enforced.
In 2009 the FPU and the regional department of the Ministry of
Health withheld bonuses and used tactics such as increased scrutiny by
tax and labor inspectors to pressure members of a new trade union at a
clinic in Chernihiv to join the FPU instead. Although the union leader
was reinstated after being fired, the deputy leader's case for
reinstatement after dismissal was still pending in court.
The law provides for the right of workers to strike on condition
that a strike does not jeopardize national security, public health, or
the rights and liberties of others. The right was generally respected
in practice. The right to strike does not apply to personnel of the
PGO, the judiciary, the armed forces, the security services, law
enforcement agencies, the transportation sector, or public servants.
Personnel from these entities may seek redress through the judicial
system. Federations and confederations are not entitled to strike. A
strike may be organized only if two-thirds of the workers of an
enterprise vote for it, which trade unions considered to be an unfairly
high threshold.

b. The Right to Organize and Bargain Collectively.--The law permits
trade unions to organize and participate in collective bargaining, but
these rights were not always respected in practice.
There were no reliable statistics on the percentage of workers
covered by collective agreements.
Union representatives reported that an independent health care
union attempted to join a branch collective bargaining agreement
concluded with an FPU affiliate but in June was denied without
justification.
Members of CFTU-affiliated unions claimed that management sometimes
forced them to carry out additional assignments without compensation or
threatened them with dismissal if they refused to leave their unions.
There were continuing complaints that FPU-affiliated unions deducted
union dues from the salaries of workers who had chosen to join a
different union.
During the year unions reported that Epicenter, a home improvement
chain, harassed persons attempting to engage in union activities.
According to representatives, the head of the union was arrested under
false pretenses. When the police dropped the case for lack of evidence,
the union leader tried to return to work but was told that he had been
fired. While he subsequently won his court case against dismissal,
Epicenter ignored the decision. Although the union continued to exist,
representatives reported that Epicenter management refused to recognize
the union or agree to begin collective bargaining.
The law calls for joint worker-management commissions to resolve
differences over wages, working conditions, and the rights and duties
of management at the enterprise level. However, the commissions were
not always effective in practice and sometimes were dominated by
management and union representatives co-opted by management. Although
the law provides the right to collective bargaining, the manner in
which the law was applied prejudiced the bargaining process against
newer unions and favored FPU-affiliated unions.
Renouncing membership in an FPU-affiliated union and joining a new
union was bureaucratically onerous and typically discouraged by
management.
In 2009 an employer reportedly refused to recognize a newly
established trade union at an agricultural company. Reports indicated
that the company continued to refuse to begin collective bargaining and
that the union's leader suffered harassment, including lawsuits filed
by the company against him and visits from police demanding to examine
the union's financial and other documents.
The law provides for the National Mediation and Reconciliation
Service to mediate labor disputes.
There were no exemptions from labor laws in export processing
zones.

c. Prohibition of Forced or Compulsory Labor.--The law prohibits
all forms of forced or compulsory labor, including by children;
however, there were reports that women, men, and children were
trafficked for labor. Also see the Department of State's annual
Trafficking in Persons Report at www.state.gov/g/tip.
Trafficked women were used as housekeepers, seamstresses,
dishwashers, or workers at small and large manufacturing plants. Some
women with small children and persons with disabilities were trafficked
abroad for begging. The International Organization for Migration
identified 442 cases of men and women exploited for their labor during
the first nine months of the year.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law protects children from exploitation in the workplace, but the
Government did not always effectively enforce the law.
The labor code sets 16 as the minimum age for most employment.
Children 15 years of age may with a parent's consent perform ``light
work,'' but the law does not clearly define the term. Children can
legally do some forms of work beginning at age 14 as part of an
apprenticeship in the context of vocational educational training.
The Child Labor Division of the State Labor Inspectorate under the
Ministry of Labor and Social Policy is responsible for enforcing child
labor laws. The Department of Children's Affairs in the Ministry of
Family, Youth, and Sport, and the Police Department for Children's
Affairs in the Ministry of Internal Affairs have the responsibility of
identifying children in the informal sector involved in the worst forms
of child labor. The ministry's Antitrafficking Department is
responsible for the enforcement of laws against child trafficking.
The worst forms of child labor were found primarily in the informal
sectors, including on family farms and at open-air markets.
Children also were used for commercial sexual exploitation,
including production of pornography. Also see the Department of State's
annual Trafficking in Persons Report at www.state.gov/g/tip
Enforcement remained inadequate to deter violations. The State
Labor Inspectorate reported it monitored 447 enterprises in August and
September. During the inspections it identified 140 working children
who were 14 or 15 years of age and 39 who were under 14. Almost all
cases of labor involving children under the age of 14 were in the
agricultural sector. The inspectorate found approximately the same
number of children under the age of 14 involved in child labor as in
2009.
On August 13, the newspaper Novosti reported that police arrested a
resident from the Odesa Oblast for organizing the production of
charcoal using child labor. Police found three children, age 13 to 17
years, working in an indoor plant. Police opened a criminal case.
Police brought trafficking charges (as opposed to less severe child
labor charges) in the February 2009 case of a man from Kherson Oblast
who forced nine teenagers from Zakarpattia to work on his farm 10 to 16
hours a day without pay while housing them in a poultry barn. NGOs
successfully lobbied to have the case tried in Zakarpattia so that the
children could testify, despite efforts of the defendant to keep the
case in Kherson.
There were no reported developments regarding labor violations
discovered by inspectors in Chernivtsi Oblast or regarding cases noted
in 2008. One NGO reported is the difficulty for persons not party to a
criminal or administrative case to find information regarding its
disposition.

e. Acceptable Conditions of Work.--On December 1, the Government
increased the monthly minimum wage to 992 hryvnias ($124). The minimum
wage did not provide a decent standard of living for a worker and
family. The State Labor Inspectorate is responsible for enforcing the
minimum wage but was unable to monitor all employers. Many workers,
particularly in the informal sector, received wages far below the
established minimum.
During the year wage arrears increased in the first half of the
year but decreased in July. According to the State Statistics
Committee, arrears stood at 1.8 billion hryvnias ($228 million) at the
end of June but had decreased to 1.34 billion hryvnias ($169 million)
by December. Most arrears accumulated in industry, but also
significantly accrued in construction, transport, communications, and
agricultural enterprises.
The law provides for a maximum 40-hour workweek, a 24-hour period
of rest per week, and at least 24 days of paid vacation per year. The
law provides for double pay for overtime work and regulates the number
of overtime hours allowed. However, regulations covering rest periods,
maximum hours, and overtime were not always effectively enforced.
Although the law contains occupational safety and health standards,
the standards were frequently ignored in practice. Lax safety standards
and aging equipment caused many injuries on the job. During the year
11,698 workplace injuries were reported, as compared with 12,370 in
2009; these included 644 job-related fatalities, compared with 675 in
2009.
There were 131 mining fatalities during the year, compared with 151
in 2009. There were 4,888 coalminers reported injured during the year,
compared with 5,251 during the same period in 2009.
The law provides workers the right to remove themselves from
dangerous work without jeopardizing their continued employment;
however, trade unions reported that in practice asserting this right
would result in retaliation or perhaps dismissal. Some unions reported
good cooperation with government labor inspectors.
For example, the CFTU signed a memorandum of understanding (MOU)
with the Labor Inspectorate to cooperate more closely. The MOU gave
local union leaders and health and safety specialists the right to
inspect places of work jointly with labor inspectors. Unions report
that these joint inspections have proved especially important in the
mining sector.

__________

UNITED KINGDOM

The United Kingdom of Great Britain and Northern Ireland (the UK),
with a population of 62.3 million, is a constitutional monarchy with a
multiparty, parliamentary form of government. Citizens elect
representatives to the House of Commons, the lower chamber of a
bicameral legislature. They last did so in free and fair elections on
May 6. Members of the upper chamber, the House of Lords, occupy
hereditary or appointed seats. Security forces reported to civilian
authorities.
There were some reports of police misconduct and that police,
military personnel, and employees of government contractors
occasionally abused detainees and other persons. There were also
reports of overcrowded prisons and inadequate prison infrastructure.
Societal problems included discrimination against religious minorities
and mistreatment of women, children, ethnic minorities, lesbian, gay,
bisexual, and transgender persons, and persons with disabilities.
Trafficking of persons was also reported.
Bermuda is a UK overseas territory with a population of 62,000. A
governor represents the queen on the island; Bermuda's constitution
provides for internal self-government, while the British government
retains responsibility for external affairs, defense, and security.
Citizens elect representatives to the House of Assembly, most recently
in free and fair elections in 2007. The governor, the premier, and the
opposition appoint members to the Senate. The premier is head of
government and is chosen from among the elected members of the
governing party. The constitution and the Human Rights Act of 1981, as
amended, protect the human rights of inhabitants of Bermuda, with the
exception of protection against discrimination based on sexual
orientation.
respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life.--There were no
reports that the Government or its agents committed any politically
motivated killings; however, the nongovernmental organization (NGO)
Inquest reported three deaths of persons in police custody during the
year, one fewer than in 2009.
In September in Northern Ireland, the International Monitoring
Commission (IMC) released a report on its inquiry into the killing of
Loyalist Volunteer Force leader Billy Wright, whom republican prisoners
in the Maze Prison shot and killed in 1997. The report concluded that
there was no state collusion in the killing, but the Government
acknowledged that failings within the prison regime had ``facilitated''
its occurrence.
Proceedings continued in cases involving allegations of government
involvement, collusion, or culpability in killings during the conflict
in Northern Ireland between the 1970s and 1990s. In June Lord Saville
published the report of his independent inquiry into the 1972 deaths of
14 civil rights protesters shot by the British Army in Londonderry,
also known as ``Bloody Sunday.'' Lord Saville's inquiry found that the
deaths and injuries were ``unjustifiable.''
The public inquiry begun in 2008 into the death in 2003 of Iraqi
civilian Baha Mousa, who suffered 93 injuries while in the custody of
British troops in Iraq, finished taking oral evidence on October 14.
Drafting of the final report continued at the end of the year.

b. Disappearance.--There were no reports of politically motivated
disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.--The law prohibits such practices, and authorities did not
usually engage in them; however, there were allegations that members of
the military services were at least complicit, if not participants, in
the mistreatment of detainees overseas; that individual police officers
occasionally abused detainees; and that guards under contract to
immigration authorities abused deportees while returning them to their
home countries. Police are subject to oversight by the Independent
Police Complaints Commission, which investigates charges of abuse and
has the power to punish police officers if abuse is found.
A July 2009 report by a consortium of NGOs documented the claims of
more than 300 persons who accused the private contractors of physical
and sexual assault and racial abuse. Dame Nuala O'Loan, former police
ombudsman for Northern Ireland, was instructed to reopen 50 cases that
the Government previously classified as unsubstantiated to address the
appropriateness of using private contractors and whether the use of
``reasonable force'' was appropriate in dealing with failed asylum
seekers. The Guardian stated that the official inquiry report released
in March determined that the UK Border Agency (UKBA) did not have
``proper processes in place to investigate claims of mistreatment of
failed asylum seekers.'' The inquiry also concluded that private
contractors did not engage in systematic abuse of deportees.
There were a number of allegations that the intelligence services
colluded in the abuse of citizens or residents overseas. On July 6,
Prime Minister Cameron announced a formal inquiry into the allegations,
with the proceedings set to last for 12 months.
In September 2009, the latest date for which data is available, the
Independent Police Complaints Commission issued statistics for 2008-09
indicating that approximately 7,679 complaints of sexual assault,
serious nonsexual assault, and ``other assault'' were made against
police, which represented an increase of approximately 4 percent from
the previous year. Investigations were initiated in 57 percent of the
serious nonsexual assault complaints, 47 percent of the sexual assault
complaints, and 37 percent of the other assault complaints in 2008-09.
Of the investigations that were resolved in 2008-09, the complaints
were found to be substantiated in 10 cases of serious nonsexual
assault, six cases of sexual assault, and 108 cases of other assault.

Prison and Detention Center Conditions.--Prison conditions mostly
met international standards, and the Government permitted visits by
independent human rights observers; however, overcrowding remained a
problem. The NGO Inquest indicated that 52 persons committed suicide in
prison during the year, as did 24 detainees on remand.
On June 20-21, a delegation from the Council of Europe's Committee
for the Prevention of Torture (CPT) visited Radislav Krstic, convicted
by the International Criminal Tribunal for the former Yugoslavia and
serving his sentence in the UK, after he was reportedly attacked in his
cell in Wakefield Prison by other inmates.
According to the Ministry of Justice, the prison population in
England and Wales on August 31 was 85,200 in facilities designed to
accommodate 85,986. The Prison Reform Trust released a report, based on
government statistics, stating that 88 out of 140 prisons held more
than the ``certified normal accommodation.'' The Scottish Prison
Service announced that the prison population reached a daily average of
7,835 inmates in prisons designed for approximately 6,600. The Northern
Ireland Prison Service reported that the prison population on December
27 was 1,412, housed in three prison facilities with a total capacity
of 1,513. The Bermuda Department of Corrections reported on October 12
that the prison population on the island was 277 in facilities with a
capacity of 373. England, Wales, and Scotland continued early release
programs for nonviolent offenders in an effort to reduce overcrowding.
At times juveniles, including some under the age of 16, were held
together with adult prisoners. Although rare, there were instances when
pretrial detainees were lodged with convicted prisoners due primarily
to overcrowding.
In Northern Ireland the governor of the high-security Maghaberry
Prison, who had been in that position for five months, resigned in
December 2009 in the wake of a series of critical reports regarding the
prison's operations and investigations into the 2008 suicide of inmate
Colin Bell. The head of the Northern Ireland Prison Service, Robin
Masefield, resigned on November 30, after the Prison Officer's
Association in Northern Ireland called for Masefield and two other
prison officials to resign over their handling of staff disciplinary
actions following the Colin Bell suicide. Maghaberry prisoners tied to
republican paramilitary organizations staged ``dirty protests'' (a
protest in which excrement and other unhygienic material is thrown
around) against conditions in the prison, specifically related to
restrictions of movement, body searches, and restrictions placed on
outside visitation rights. Northern Ireland prisoner ombudsman Pauline
McCabe stated in her 2009-10 annual report that ``there is general
recognition that change is needed across Northern Ireland's prisons.''
Prisoners had reasonable access to report allegations of inhumane
conditions and were permitted religious observance.
The Prisons and Probations Ombudsman (PPO) for England and Wales
investigates complaints from prisoners and detainees held in
immigration detention centers. All deaths that occur in prison,
immigration centers, and probation hostels fall under the PPO's purview
and are investigated. The PPO received 4,641 complaints from July 2009
to July 2010, an 8 percent increase from the previous year.
In February more than 50 female detainees went on a hunger strike
for three weeks in the Yarl's Wood detention center alleging
mistreatment by guards and prolonged detention.
The media reported that in September an army inspector found
British military detention facilities to ``be in compliance with
international law,'' although some soldiers lacked proper training on
the treatment of prisoners.
The Government permitted independent monitoring of prison
conditions by local and international human rights groups, the media,
the International Committee of the Red Cross, and the independent
International Center for Prison Studies based at Kings College London.
On March 15-26, a CPT delegation visited prisons, detention
centers, and other facilities on the Channel Islands for the first
time. On Jersey, the delegation noted that access to an attorney was
immediate only for very serious crimes, such as rape or murder, and
that some detention cells had inadequate natural light, ventilation,
and access to drinking water. On Guernsey, the delegation noted
allegations of the use of excessive force by police during arrest, and
that 17-year-olds were treated as adults.

d. Arbitrary Arrest or Detention.--The law prohibits arbitrary
arrest and detention, and the Government generally observed these
prohibitions; however, critics charged that some procedures justified
by the Government as necessary to combat terrorism constituted
precharge detention. Currently, the Government can hold terrorism
suspects in precharge detention for up to 28 days.

Role of the Police and Security Apparatus.--Civilian authorities
maintained effective control over the regional police forces, and the
Government has effective mechanisms to investigate and punish abuse and
corruption. There were no reports of impunity involving the security
forces during the year.

Arrest Procedures and Treatment While in Detention.--In most cases
police may make an arrest only if they have reasonable grounds for
suspecting a person has committed or is about to commit one or more
listed ``arrestable offenses,'' or if a police officer believes an
arrest is necessary to prevent physical injury or damage to property.
The law allows police chiefs to grant auxiliary nonpolice officers
``enforcement powers,'' including the right to issue citations and
fines for minor violations of public order, and to request the names
and addresses of persons stopped in the street. Participants in this
program wear police uniforms and carry identification while on duty. As
of 2008, the most recent date for which data are available, 23 police
forces granted enforcement powers to 1,600 civilians in community
safety programs. Human rights groups and opposition politicians called
the practice a civil rights violation and a move towards excessive
surveillance.
Police may detain an ordinary criminal suspect for 96 hours without
charges. Detention for more than 24 hours must be authorized by a
senior police official, and detention of more than 60 hours requires
the approval of a magistrate. Only terrorism suspects may be detained
without charge for longer than 96 hours. Authorities may hold terrorism
suspects for up to 28 days before formally charging them with a crime.
All detainees are entitled to counsel during this period. The law
permits the extended detention of foreigners suspected of being
terrorists but who cannot be deported immediately because of the risk
they would be tortured or executed in their countries of destination.
The Government continued to hold a number of detainees deemed dangerous
but not deported due to concerns about torture in their home countries.
Such individuals may appeal their designation as terror suspects.
To combat the rise in gang and gun crime in Bermuda, the Government
enacted the Police and Criminal Evidence Amendment (No. 2) Act in
August (effective in the summer of 2011), increasing to 66 hours the
length of time suspects can be held in police custody without being
charged. A senior police officer reviews the case at 42 and 54 hours
and in each review must be satisfied that the investigation is being
conducted expeditiously and diligently. A magistrate may order a
further 30 hours of detention to give police time to complete their
investigation. Under the new legislation police may also deny bail to
suspects as young as 16 years of age, a change from the previous age
designation of 18. For those arrested on firearms or ammunition
offenses, the Firearms Amendment Act of 2010 passed in July authorizes
police to apply for a warrant of detention to hold suspects without
charge for 14 days and also allows police to apply for a second 14-day
warrant. Police may use the time to gather evidence or obtain forensic
results from overseas, but not to question suspects.
In July Bermuda enacted the Court of Appeal Amendment Act, allowing
prosecutors to take previously tried cases to the Court of Appeal when
new and compelling evidence, such as DNA, comes to light. The law
applies to defendants acquitted of murder, found guilty on a lesser
charge, or whose cases were discharged.
In the UK the law gives defendants awaiting trial the right to
bail, except for those judged to be flight risks, likely to commit
another offense, suspected terrorists, or in other limited
circumstances. Detainees may make telephone calls and have legal
representation, including government-provided counsel if they are
indigent.
The law permits a judge (or the home secretary, with a judge's
permission) to impose ``control orders,'' which include a range of
restrictions up to house arrest on individuals suspected of involvement
in terrorism-related activities, regardless of nationality or perceived
terrorist cause. Control orders may be renewed on an annual basis. The
Government used control orders to keep terrorism suspects under arrest
without allowing suspects to know the charges against them or to see
the Government's evidence. The Law Lords ruled in June 2009 that the
Government's refusal to allow two defendants to know the charges
against them was a violation of the Human Rights Act. In February
Parliament's Human Rights Joint Committee noted the need for changes in
the control orders regime to make it ``human rights compatible'' and
stressed that the cost of lengthy litigation and infringement on
individuals' right to liberty was too great to be sustainable. Like
other aspects of the Government's antiterror legislation, the control
order system was under government review during the year.

e. Denial of Fair Public Trial.--The law provides for an
independent judiciary, and the Government generally respected judicial
independence in practice.

Trial Procedures.--The law provides for the right to a fair trial,
and an independent judiciary generally enforced this right.
Defendants enjoy a presumption of innocence. Criminal proceedings
must be public except cases in juvenile court or those involving public
decency or security. In a trial under the Official Secrets Act, the
judge may order the court closed, but sentencing must be public.
The law generally allows for jury trials. In England and Wales the
law provides for judge-only trials when there is a ``real and present
danger that jury tampering would take place.'' In Northern Ireland
trials by jury are the norm. However, as in the case of England and
Wales, nonjury trials may be held in cases involving possible
intimidation of juries. Scotland allows jury trials in criminal and
civil cases. Bermudian law provides for jury trials in criminal cases
and for trial by judge in civil cases.
Defendants have the right to be present at their trials and to
consult with an attorney in a timely manner. Indigent defendants have
the right to free counsel of their choice, with some exceptions.
Defendants may question witnesses against them. Defendants have access
to government-held evidence relevant to their cases, with some
exceptions, including instances in which information pertaining to a
suspect relates to national security. The NGO Justice claims this
practice has increased during the past decade.
``Intercept evidence''--evidence collected by electronic
interception--is not admissible in a court of law. The police claimed
that divulging their methods and sources would hamper their
effectiveness. Human rights organizations and prominent politicians
asserted that the inadmissibility of intercept evidence led the
Government to use administrative or nonjudicial means to detain
criminal suspects who could not otherwise be prosecuted. Defendants
have the right to appeal to successively higher courts.

Political Prisoners and Detainees.--There were no reports of
political prisoners or detainees.

Regional Human Rights Court Decisions.--The Government was involved
in 44 decisions of the European Court of Human Rights (ECHR) from
January to November. In 2009 the ECHR issued 14 judgments, each of
which found one or more violations by the state of the European
Convention on Human Rights, including seven violations of the
prohibition of discrimination, three violations of the right to liberty
and security, four violations involving the length of legal proceedings
and the right to respect for family and private life, and two
violations involving the right to a fair trial and freedom of
expression.
In January the ECHR determined that the police power to ``stop and
search'' violated two defendants' right to a private and family life
and that the ``discriminatory use'' of the power was a ``real
consideration'' when determining the outcome of the case. In July the
Government ceased using the stop and search power as originally defined
under antiterror legislation.
In 2008 the ECHR ruled that indiscriminate retention of DNA and
fingerprint data of 850,000 persons who were arrested but never charged
was not in line with article 8 of the Human Rights Convention. In
November the home secretary announced a new DNA retention system that
permits the destruction of DNA from persons never charged with a crime.
In October the Scottish Supreme Court ruled that allowing suspects
to be held and questioned for six hours without access to a lawyer
breached the European Convention on Human Rights. The Scottish
Parliament passed legislation requiring suspects to have immediate
access to legal counsel, but extended the time a suspect can be
detained from six to 12 hours with the possibility of a 12-hour
extension.

f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence.--The law prohibits such actions, and the Government
generally respected these prohibitions in practice.
The use of electronic surveillance requires the approval of the
home secretary, who authorizes an ``interception warrant,'' which must
name or describe either a person or a single set of premises where the
interception is to take place. However, in limited circumstances the
home secretary may issue a ``certified'' interception warrant,
eliminating the requirement to specify a person or premises. Certified
warrants are intended only for communications with overseas parties.
They include communications channeled through a foreign Internet
service provider (ISP). An independent ``interception of communications
commissioner'' oversaw interception warrants, and the Investigatory
Powers Tribunal investigated public complaints of surveillance abuses.
In July one case was decided in favor of the complainant.
The law requires service providers to retain records of all users'
landline, cellular telephone calls, and Internet activity for one year.
Intelligence and law enforcement agencies, emergency services, and a
number of other governmental bodies may request the data but must
demonstrate a legitimate need for the information to protect public
safety and ensure compliance with the law. Critics claimed that in
practice agencies may self-authorize warrants and that the ability to
intercept communications was too broad.
In April the Government announced that it would not create a
centralized database that would store all communications data collected
by communications service providers. Human rights groups had been
critical of plans to do so.
Bermuda enacted the Telecommunications Amendment Act in July
requiring telecommunications companies to install equipment enabling
police to monitor, pursuant to a warrant, landlines, mobile telephones,
and the Internet and provide police with a database of customer names,
addresses, and phone numbers. Police officers already had the power to
intercept landline messages if the police commissioner and the governor
ruled it in the public interest to do so. The new law provides the
additional capacity to fine carriers up to $10,000 per day for
noncompliance.
Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press.--The law provides for freedom of
speech and of the press, and the Government respected these rights in
almost all cases. An independent press, an effective judiciary, and a
functioning democratic political system combined to ensure freedom of
speech and of the press. Individuals could criticize the Government
publicly or privately without reprisal. The independent media were
active and expressed a wide variety of views without restriction.
However, the law also prohibits the use of ``threatening words or
behavior'' toward a religious, ethnic, or racial group. The prohibition
applies specifically to words, behavior, or displays of written
material; publishing or distributing written material; the public
performance of a play; distributing, showing, or playing a recording;
broadcasting or including a program in a program service; or the
possession of written materials or recordings with intent to display,
publish, distribute, or include such materials in a program service.
Judges may issue media suppression orders to prevent the
publication of information about trial proceedings or other topics.
Court decisions have established that the Government may legally
prohibit possession of materials providing practical assistance to
terrorists, such as the al-Qa'ida Manual, the Terrorist's Handbook, the
Mujahideen Poisons Handbook, and a number of military manuals.
In June Anthony Bamber was cleared of all charges in connection
with his arrest, along with three other persons, for distributing
leaflets blaming Muslims for the heroin trade in Ireland and the
country in 2008. The Crown Prosecution Service advised police that
while racist (most UK Muslims are of South Asian or African descent),
the leaflets were protected speech. The three other persons did not
face charges.
In Bermuda, local newspapers, television stations, and a radio
station created a voluntary Media Council to raise journalistic
standards, elevate accountability, and provide an effective forum for
grievances against the media. The effort sought to forestall creation
of a legislatively mandated media review group that they believed could
have imposed censorship.

Internet Freedom.--There were no government restrictions on access
to the Internet. Individuals and groups could engage in the peaceful
expression of views via the Internet, including by e-mail. There were
no reports that authorities routinely monitored e-mail or Internet chat
rooms. However, the law permits communications data surveillance,
including of Internet usage, in the interests of national security, to
prevent or detect a crime or in the interests of public safety.
Authorities did not publicly discuss details of their monitoring
activities. By law all ISPs must retain records of Internet usage for
one year.
The Internet was widely available throughout the country and
available at no cost in public libraries. Approximately 84 percent of
the population used the Internet.

Academic Freedom and Cultural Events.--There were no government
restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association.--The law provides
for freedom of assembly and association, and the Government generally
respected these rights in practice.

c. Freedom of Religion.--For a complete description of religious
freedom, see the 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt

Protection of Refugees.--The country's laws provide for the
granting of asylum or refugee status, and the Government has
established a system for providing protection to refugees.
Based in part on the EU's ``Dublin procedure,'' the Government
placed the burden of proof on asylum seekers who arrived from ``safe
countries'' of origin, based on a list promulgated by the home
secretary, who passed through a country where they were not considered
to be at risk, or who remained in the country for a period of time
before seeking asylum. The law permits authorities to remove an asylum
applicant to another country that is deemed responsible for
adjudicating an applicant's claim.
In practice the Government provided protection against the return
of persons to a country where their lives or freedom would be
threatened on account of their race, religion, nationality, membership
in a particular social group, or political opinion. However, on
November 10, Amnesty International called on European governments not
to return asylum seekers to Iraq because of the allegedly dangerous
security situation there. The group claimed that on September 22 the
British, Swedish, and Norwegian governments ``forcibly returned'' over
50 Iraqis to their home country.
The Government may also provide temporary protection to individuals
who may not qualify as refugees under the categories of humanitarian
protection and discretionary leave. However, at the end of 2009, the
most recent year for which figures were available, the Government
provided protection to no such persons according to UNHCR.
On February 23, Human Rights Watch alleged that the country's
``fast track'' system for handling asylum requests ``is not rigorous
enough to meet basic standards of fairness,'' especially for women. The
group stated that the system did not give women sufficient time to
gather evidence to support their claims of fleeing mistreatment and
called for the abolition of the system.
Section 3. Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair elections held on the basis of universal
suffrage.

Elections and Political Participation.--Free and fair elections to
the House of Commons took place on May 6. Political parties operated
without restriction or outside interference. After observing the
national election, the Office for Democratic Institutions and Human
Rights of the Organization for Security and Cooperation in Europe
concluded that the election ``was administered in a transparent and
professional manner and demonstrated an open, pluralistic, and highly
competitive process.''
There were 143 women in the 650-seat House of Commons and 164 women
in the 777-seat House of Lords. There were four women in the prime
minister's cabinet. An additional 15 women held other ministerial
posts. There was one woman among the 11 justices of the Supreme Court.
There were 27 members of ethnic minorities in the House of Commons.
The number of members of ethnic minorities in the House of Lords was
not available; there was one member of an ethnic minority in the
Cabinet.
Bermuda held free and fair elections in 2007. There were seven
women in the 36-seat House of Assembly and six women in the 11-member
Senate. Five women served in the 13-member Cabinet.
Section 4. Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and
the Government generally implemented these laws effectively. There were
reports of government corruption during the year; however, there were
no reports of police corruption during the year.
Following a parliamentary allowances scandal more than a dozen
members of Parliament declared they would not run for reelection in
May. The Independent Parliamentary Standards Authority, which began
operation in September 2009, imposed clear rules on what members of
Parliament can claim as an expense and publishes expense claims of
members.
In February the Serious Fraud Office reached an agreement with the
country's largest defense contractor, BAE Systems, which included a
guilty plea by BAE for violating the law and a payment of 30 million
pounds (approximately $45 million) to benefit the people of Tanzania.
The law provides for public access to information, and authorities
generally granted access to citizens and noncitizens, including foreign
media. There are exceptions to the availability of government
information, including those relating to national security and defense,
personal privacy, and possible risks to health and safety. In some
instances authorities are not obliged to indicate whether relevant
information exists; however, according to authorities, they are obliged
to state the reason for refusing a request. There are no fees for
requesting information; however, there may be a bill for materials and
postal fees. Government agencies may refuse a request if the cost to
the Government will exceed 450 or 600 pounds (approximately $730 or
$955), depending on the agency. There was a mechanism to appeal
denials.
In July Bermuda enacted the Public Access to Information Act
(PATI), which establishes a mechanism through which the public may
access information. The Government appointed three individuals to make
PATI operational.
The November 2009 and 2008 reports of the UN Group of Experts on
the Democratic Republic of the Congo (DRC) presented information
indicating that Afrimex and Amalgamated Metals Corporation (AMC), which
were registered in the UK, directly or indirectly funded conflict and
perpetrators of human rights abuses in the eastern DRC. AMC announced
in September 2009 that it had ceased purchasing minerals from the DRC.
Section 5. Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human
Rights
A variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were cooperative and responsive to their views.
The Equality and Human Rights Commission (EHRC), an independent
body funded by the Government to protect and promote human rights in
the country, enjoyed the Government's cooperation and operated without
government interference. It had adequate resources and functioned
effectively. The EHRC produced numerous reports on various human rights
matters. In October the EHRC's first-ever triennial review (How Fair is
Britain?) concluded that England and Wales were a more diverse and
``fair place'' than 20 years earlier. However, some groups, including
Roma, Travellers, and other migrants, were still likely to experience
prejudice and much more likely than others to fare poorly in education,
work, and public life.
Parliament has a Joint Committee on Human Rights, composed of 12
members selected from the House of Lords and the House of Commons. The
committee undertook inquiries into human rights matters in the country
and scrutinized legislation affecting human rights. The committee
produced reports on the Government's control order policy, the EHRC,
children's rights, and human rights in the private sector.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits discrimination based on race, nationality,
gender, sexual orientation, or disability, and the Government generally
enforced the law effectively. The EHRC has a mandate to combat
discrimination based on race, sex, religion and belief, sexual
orientation, and age.

Women.--Rape, including spousal rape, carries a maximum penalty of
life imprisonment. According to the British Crime Survey (BCS), in
2009-10 police recorded 43,579 sexual crimes. The large majority of
these crimes were perpetrated against women. Of the most serious cases
where the gender of the victim was identified, women were victims of
13, 991 cases of rape, an increase of 13 percent from the previous
year, and 19,873 cases of indecent or sexual assault. The Government
acknowledged that its 6 percent conviction rate in rape cases was low.
The Government estimated that one in 20 women in the country had been
raped.
The law prohibits domestic violence, including spousal abuse, and
authorities strictly enforced the law in cases reported to them. The
courts imposed punishment ranging up to life imprisonment; however,
violence against women continued to be a problem. The law provides for
injunctive relief, personal protection orders, and protective exclusion
orders (similar to restraining orders) for female victims of violence.
According to the 2009-10 BCS, 7 percent of women (and 4 percent of
men) were victims of domestic abuse during the year. The BCS estimated
that in 2009-10 approximately 14 percent of all violent crime in
England and Wales was domestic and that 30 percent of all violent
incidents against women were domestic. Scotland police recorded 51,926
incidents of domestic violence in 2009-10, a 4-percent decrease from
the previous year.
NGOs raised concerns that some police officers were not adequately
trained to identify and respond when women sought protection.
The Government provided shelters, counseling, and other assistance
for victims of battery or rape and offered free legal aid to battered
women who were economically dependent on their abusers. The Government
operated 29 sexual assault resource centers.
In Bermuda, aggravated sexual assault is a felony carrying a
maximum penalty of life imprisonment, and serious sexual assault has a
maximum penalty of 30 years' imprisonment. Sexual assault by a person
with AIDS, HIV, Hepatitis B, or other sexually transmitted diseases
also carries a maximum penalty of 30 years' imprisonment. Police
reported two serious sexual assaults (rapes) against women during the
year, but both complaints were withdrawn. Police estimated 20-30
reported incidents of domestic abuse per month, approximately five of
which involved physical violence. Of these, only two or three were
official complaints moving forward to prosecution. Several NGOs
provided assistance to abuse victims.
On October 18, the Bermudian government appointed a new Women's
Council to empower women and improve the quality of life for women,
families, and society.
Police and NGOs estimated that approximately a dozen honor killings
occurred during the year, although there were no formal statistics.
Many observers regarded honor killings as the extreme end of a spectrum
of violations of human rights that included abductions, forced
abortions, imprisonment, mental and physical abuse, and rape. Honor
killing was generally considered an ``imported crime,'' since a
majority of the incidents involved families from Asia, Turkey, Algeria,
and Nigeria. Many of the crimes involved hiring outside ``hit men''; in
other instances the perpetrator was the youngest member of the family,
whom older family members supervised.
In September police in Scotland announced a public campaign to
address honor-based crimes, including abduction, assault, threats,
killing, and forced marriage.
Forced marriages continued to be a problem, although their extent
remained unknown. In 2009, the last year for which data was available,
the Forced Marriage Unit's helpline received 770 calls or e-mails, a 16
percent increase over the previous year. The law criminalizes forced
marriage and makes taking individuals out of the country on false
pretenses roughly equivalent to kidnapping. The law provides for the
annulment of marriages made outside of the country against the will of
one partner. A person must be at least 21 years of age to sponsor a
spouse for a marriage visa, and intending sponsors of such visas must
register their intent to seek the visa before traveling abroad.
Authorities believed that young adults often traveled on what they
expected to be a vacation to the home country and were subsequently
pressured into marriage and applying for the spouse's visa. The law
requires schools, social services, and police to receive training about
this problem and to take steps to combat it, ranging from increased
truancy monitoring to assisting young persons who seek their help
without parental input.
The law prohibits sexual harassment and provides penalties of up to
five years' imprisonment; authorities followed up on the isolated
complaints that were filed.
Couples and individuals enjoy the basic right to decide freely and
responsibly the number, spacing, and timing of their children and to
have the information and means to do so free from discrimination,
coercion, and violence. According to data from the 2009 UN Population
Fund report, the maternal mortality rate was 12 per 100,000 live
births. Skilled attendants assisted in 99 percent of births in the
country. The percentage of women using contraception was 84 percent.
Women have access to prenatal, obstetric, and postpartum care through
the National Health System and can freely choose to have a midwife
present during childbirth. The Department of Health had a National
Support Team for Sexual Health, which worked to provide universal
access to contraception to prevent sexually transmitted diseases and
unwanted pregnancies. There was also an Infant Mortality Support Team
to improve the health of infants and mothers after birth.
Women enjoy the same legal rights as men, including rights under
family and property law and in the judicial system; however, in
practice women experienced some discrimination. The World Economic
Forum estimated that women in the UK earn 67 percent of what men earn.
The Government passed the Equality Act in April, containing measures to
address the gender pay gap and other equality problems.
There was a cabinet-level Minister for Women and Equalities. The
EHRC supported women by enforcing equality legislation and actively
promoting gender equality.

Children.--All births must be registered within 42 days in the
district where the baby was born, and unregistered births were
uncommon. Local authorities have procedures for the late registration
of babies whose births were not registered within 42 days. A child born
in the UK receives the country's citizenship at birth if one of the
parents is a British citizen or legally settled resident.
Child abuse remained a problem, although there were no reliable
figures on its prevalence. In Northern Ireland it is a criminal offense
to fail to report most offenses against children. England, Wales, and
Scotland do not have such laws; however, civil servants charged with
the care, education, and welfare of children are ``responsible'' for
their protection. The minister of state for children and families
coordinated government policy concerning children and young persons in
England and Wales. In Northern Ireland the Commissioner for Children
and Young People performed the same function. In Scotland the
Ministries of Education, Children and Early Years, and Housing and
Communities supervised similar programs designed to protect and assist
minors.
Female genital mutilation (FGM) is illegal. The maximum penalty for
aiding, abetting, counseling, procuring, or carrying out this practice
is 14 years' imprisonment. FGM was most often practiced by immigrant or
refugee groups on girls aged seven to nine from Eritrea, Ethiopia,
Somalia, West Africa, and Yemen. The BCS estimated that 141 cases of
FGM and FGM-related blood poisoning occurred in 2009-10.
The statutory rape law makes it illegal for a person over the age
of 18 to have sex with a person under 16 years old, unless the younger
person is over 13 and the adult reasonably thought the younger person
to be over 16. Penalties range from fines to 14 years' imprisonment.
The law prohibits child pornography and provides for a maximum sentence
of 10 years' imprisonment.
The law prohibits child sex tourism and allows authorities to
prosecute citizens or residents for offenses committed abroad.
Individuals were arrested outside the country and in some cases jailed
on such charges, but, according to the charity End Child Prostitution,
Child Pornography, and Trafficking Children for Sexual Purposes, there
were only a few cases of prosecution in the country since the early
1990s, and there were no reports of prosecutions during the year.
Penal reformers and children's groups continued to criticize the
Government's reliance on antisocial behavior orders (ASBOs), civil
``warnings'' that may limit children's access to a geographic area or
impose tailored curfews and fines. ASBOs were introduced to prevent
youths from interacting with the courts and youth services as a result
of minor infractions. However, youth who subsequently violate ASBOs
could be arrested and enter the criminal system. Opponents contended
that the ASBOs led to criminal records for youth whose behavior in the
past would have been seen as ``kids being kids.'' According to one
expert, more than 1,000 youths had been incarcerated for violating the
ASBOs since their inception in 2000. Critics claimed that police were
too quick to issue the orders for such minor infractions as excessive
loudness or congregating in large numbers, violations that some
children's advocates described as inevitable. Some experts contended
that a third of youths receiving the orders had mental or behavioral
problems that did not permit them to understand the orders.
In July the prison service manual on restraint techniques to use on
children as young as 12 years old was made public after a five-year
legal battle. The Ministry of Justice stressed that restraint by force
was a last resort for prison staff.
The country is a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at http://travel.state.gov/
abduction/resources/congressreport/congressreport--4308.html, as well
as country-specific information at http://travel.state.gov/abduction/
country/country--3781.html.

Anti-Semitism.--The Jewish population numbered approximately
300,000. There was a small spike in anti-Semitic incidents after the
Gaza flotilla incident on May 31. The Community Security Trust, a group
that tracked anti-Semitic activity, reported 74 anti-Semitic incidents
in June alone with 28 occurring in the first week of the month. Anti-
Semitic acts from January to June were fewer than during the same
period in 2009 (the year of the conflict in the Gaza Strip) but
continued to be slightly higher than in 2008. The incidents included
property damage, threats, abusive behavior, and mass-produced or mass-
mailed anti-Semitic literature.
In September researchers from the Simon Wiesenthal Center
discovered dozens of anti-Jewish Facebook pages from the UK and other
countries. The group said that Facebook officials were ``very
cooperative'' in disabling the sites.
According to the BBC, in October vandals sprayed ``Nazi graffiti''
on the doorstep of the UK Holocaust Center.
In November, BBC Panorama determined that about 5,000 pupils were
being taught the official Saudi national curriculum in UK schools.
Education Secretary Michael Gove said that there was no place for anti-
Semitic or homophobic lessons in British schools.

Trafficking in Persons.--For information on trafficking in persons,
please see the Department of State's annual Trafficking in Persons
Report at www.state.gov/g/tip.

Persons With Disabilities.--The law prohibits discrimination
against persons with disabilities in employment, education, access to
health care, or the provision of other state services or areas. It
mandates access to buildings for persons with disabilities, and the
Government effectively enforced this requirement in practice.
The law requires that all public service providers (except in the
transportation sector) make ``reasonable adjustments'' to ensure their
services are available to persons with disabilities. The law forbids
employers from harassing or discriminating against job applicants or
employees with disabilities.
The mandate of the EHRC included work on behalf of persons with
disabilities to stop discrimination and promote equality of
opportunity. The commission provided legal advice and support for
individuals, a hotline for persons with disabilities and employers, and
policy advice to the Government. It may also conduct formal
investigations, arrange conciliation, require persons to adopt action
plans to ensure compliance with the law, and apply for injunctions to
prevent acts of unlawful discrimination.
A briefing paper produced by the UK Learning Disabilities
Observatory suggested that persons with learning disabilities face many
health inequalities and have a disproportionately higher risk of health
disorders. The group noted the need for promoting ``health literacy''
among persons with learning disabilities by increasing access to
information, appointment times, and the number of regular health
checks.

National/Racial/Ethnic Minorities.--The law prohibits racial
discrimination, but Travellers (a distinct nomadic ethnic group with
its own history and culture), as well as persons of African, Afro-
Caribbean, South Asian, and Middle Eastern origin, at times experienced
mistreatment on racial or ethnic grounds.
The law authorizes police to order Travellers' caravans to move on
from any rest area or other roadside location. Travellers'
organizations also reported that local governments across the country
sought to evict them from so-called ``illegal encampments.'' In a high-
profile case that has continued for more than five years, Travellers
fought an eviction order by the town council of Basildon (Essex) to
remove them from the Dale Farm Traveller Settlement. As of the end of
the year, the eviction did not take place.
During the year the British Crime Survey recorded 10,221 racially
or religiously aggravated crimes and 23,235 incidents of racially or
religiously aggravated harassment, public fear, alarm, or distress.
During 2009-10 the Police Service of Northern Ireland (PSNI)
reported a15-percent increase in sectarian incidents, from 1,595 in
2008-09 to 1,840 in 2009-10. These included vandalism of Protestant
Orange Order halls, Roman Catholic churches, and Gaelic Athletic
Association sports facilities.
In Northern Ireland, the trial of the persons charged in the
killing of Kevin McDaid in May 2009 was still pending, as was the trial
of McDaid's sons, who were arrested on charges of assaulting one of
those accused of killing their father. In July two men were arrested in
connection with the unresolved McDaid case for intimidation and making
threats to kill witnesses.
The PSNI also noted a 5 percent increase in racially motivated
incidents, from 990 to 1,038 over the year prior to March 31. Families
of Indian, Filipino, and eastern European descent were targeted in
racially motivated attacks in the greater Belfast area. In June vandals
burned vehicles belonging to Indian and Filipino residents in the
Whiteabbey area of Belfast. Physical assaults against Asian immigrants
in the area were also reported.

Societal Abuses, Discrimination, and Acts of Violence Based on
Sexual Orientation and Gender Identity.--The law prohibits
discrimination and harassment based on sexual orientation; however,
sporadic incidents of homophobic violence were reported. The law
encourages judges to impose a greater sentence in assault cases where
the victim's sexual orientation is a motive for the hostility, and many
local police forces demonstrated an increasing awareness of the problem
and trained officers to identify and moderate these attacks. Dozens of
gay pride marches and other activities took place in locations
throughout the country legally and with no interference by the
authorities. During the year 20 Bermudians took part in the London
Pride parade, protesting Bermuda's failure to outlaw discrimination
based on sexual orientation.
According to the Crown Prosecution Service, 1,373 homophobic crimes
were referred to it in 2009-10, of which 66 percent resulted in charges
being pressed. The service prosecuted 1,152 homophobic cases, 81
percent of which resulted in a conviction. In Northern Ireland, the
PSNI noted a 2 percent decrease in homophobic incidents in the past
year.
According to the BBC, the Forced Marriage Unit reported an increase
in the number of cases of forced marriage among lesbian, gay, bisexual,
and transgendered teenagers.
A report published during the year by the NGO Stonewall stated that
lesbian, gay, and bisexual asylum seekers experienced ``significant
disadvantages'' because of their sexual orientation. Stonewall claimed
that, by ``fast tracking'' these more complex cases and denying them
quickly, UKBA staff did not give applicants time to talk openly about
their sexual orientation.

Other Societal Violence or Discrimination.--There were no reports
of violence against persons with HIV infection during the year. In
September in Wales, the chair of the Equality and Opportunity Committee
hosted a debate on the committee's report on discrimination against HIV
patients by healthcare providers and professionals. The report called
for better training for healthcare professionals who treat HIV patients
and for an HIV public awareness campaign.
Section 7. Worker Rights

a. The Right of Association.--The law provides for the right of
workers, except those in the armed forces, public sector security
services, police forces, and freelance or agency work, to form and join
independent unions without previous authorization or excessive
requirements, and workers exercised this right in practice.
Approximately 26 percent of the workforce was unionized. Coverage was
most widespread in the public sector, where almost 60 percent of
workers were unionized. In contrast, 17 percent of private sector
workers in manufacturing, transport, and distribution trades were
unionized. The law allows unions to conduct their activities without
interference, and the Government protected this right in practice.
Workers have the right to strike and freely exercised it during the
year.

b. The Right to Organize and Bargain Collectively.--Collective
bargaining is protected in law and was freely practiced. Unions and
management typically negotiate collective ``agreements,'' which are
less formal than collective bargaining contracts. Collective agreements
are considered ``implied'' individual work contracts and are legally
enforceable as such. They covered approximately 35 percent of the
workforce. In 2009 an investigation by the Information Commissioner's
Office (ICO) revealed evidence of trade union ``blacklisting'' in the
construction industry. The ICO successfully prosecuted and effectively
closed down the company involved in the blacklisting. There were no
reported instances of antiunion discrimination during the year.
There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor.--The Government
prohibits forced and compulsory labor, including by children; however,
there were reports of forced labor by men, women, and children. Women,
men, and children were trafficked to and within the country for labor
exploitation and worked as domestic servants in private homes, beggars,
pickpockets, and drug couriers, and in sweatshops, restaurants,
agricultural and rural settings, construction, and catering. See the
Department of State's annual Trafficking in Persons Report at
www.state.gov/g/tip.

d. Prohibition of Child Labor and Minimum Age for Employment.--The
law protects children from exploitation in the workplace, and the
Government generally enforced these laws effectively; however, there
were some reports that unaccompanied foreign children, including girls
from China, were subjected to sexual exploitation and forced labor.
Vietnamese organized-crime gangs subjected hundreds of young children,
many from Vietnam and China, to debt bondage and forced them to work on
cannabis farms. (See the Department of State's annual Trafficking in
Persons Report at www.state.gov/g/tip).
The law prohibits the employment in any capacity of children under
13. Those under 16 are not permitted to work in an industrial
enterprise, including transportation or street trading; their work
hours are strictly limited and may not interfere with school
attendance. Children under 16 may work as part of an educational
course. Children aged 13 to 16 must apply for a work permit from a
local authority, and the local authority's education and welfare
services have primary responsibility for oversight and enforcement.
Authorities effectively enforced these laws. The Departments of Health,
Trade, and Industry, and Education and Skills also have regulatory
responsibilities related to child labor. However, anecdotal evidence
from social workers and NGOs made clear that many children work longer
or later hours than the law allows and many do not have the proper work
permits. In many cases, this was voluntary, and the children's parents
agreed to or encouraged the child's working. In other cases, children
were found working illegally in restaurants, farms, factories, the sex
industry, and in cleaning and other low-paid service-sector jobs with
long hours and low pay. Many of these children did not attend school.
These problems affected migrant children disproportionately, but
legally resident children were affected as well.

e. Acceptable Conditions of Work.--The national minimum wage, which
ranged from 3.57 to 5.93 pounds (approximately $5.65 to $9.37) per
hour, depending on the age of the employee, did not provide a decent
standard of living for a worker and family; however, government
benefits, including complete free universal access to the National
Health Service, filled the gap. Tax authorities may issue compliance
orders against employers who are not paying the minimum wage, but
employment tribunals handle disputes. The Government aggressively
monitored employer efforts to bring pay practices into compliance with
minimum wage law. Unions and NGOs were also actively involved in
ensuring employees' awareness of their rights.
The law limits the workweek to 48 hours when averaged over a 17- to
26-week period; however, the regulations do not apply to senior
managers and others who can exercise control over their own hours of
work. There are also exceptions for the armed forces, emergency
services, police, domestic workers, sea and air transportation workers,
and fishermen. Workers can opt out of the 48-hour limit. The law
provides for one day of rest per week, 11 hours of daily rest, and a
20-minute rest break when the working day exceeds six hours. The law
also mandates a minimum of four weeks of paid annual leave, including
eight national holidays. However, the average worker received five
weeks of paid annual leave plus eight bank holidays as part of
collective agreements. An individual employee may agree through a
contract to work overtime for premium pay. The law does not prohibit
compulsory overtime, but overtime is limited by the 48-hour workweek
restriction.
The law stipulates that the health and safety of employees not be
placed at risk, and it was effectively enforced by the Health and
Safety Executive (an arm of the Department of Work and Pensions), which
could initiate criminal proceedings in appropriate cases. Workers'
representatives also actively monitored enforcement of the law. Workers
may legally remove themselves from dangerous work conditions without
jeopardy to their continued employment.
The Independent reported in November that factory workers in
Leicester making clothing for large retailers were working in ``cramped
and over-heated conditions with unsanitary toilets and at least one
blocked fire exit.'' One of the retailers mentioned in the report
decided to launch its own investigation into the allegations.
In April the courts ordered a fruit farmer to pay two Polish
workers 26,000 pounds (approximately $41,000 ) for wages he withheld
and for stress caused by work conditions. The two fruit pickers lived
with 200 other workers in metal cabins with no running water and worked
10 to 11 hours a day for 0.90 to 4.75 pounds (approximately $1.50 to
$7.50 an hour), according to media reports.

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